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HomeMy WebLinkAboutCertification to City Council 02-01-10CERTIFICATION OF THE CARMEL PLAN COMMISSION'S CONSIDERATION OF THE REJECTION TO THE PETITION OF THE CITY OF CARMEL TO AMEND THE CARMEL ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -607 To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: Pursuant to IC 36- 7- 4- 607(e)(4), the Carmel Advisory Plan Commission offers you the following report on proposed Ordinance Z- 535 -09 (Plan Commission Docket No. 09050010 OA) to Adopt Article 3: CARMEL SMARTCODE as part of Carmel City Code, Chapter 10: Zoning Subdivisions. The Plan Commission has duly considered the Common Council's rejection of Z- 535 -09, as well as the Council's reasons for such rejection, and the Plan Commission has voted to DISAPPROVE the rejection and also to forward the proposed Ordinance back to the Council with corrective amendments. At its regular meeting on January 21, 2010, the Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to disapprove the rejection of Z 535 09 and also to forward to the Common Council the proposed Ordinance Z 539 09 with a Favorable Recommendation, and the following suggestions: That the Staff of the Department of Community Services actively participate in a further review of the SmartCode by the Council; and That the Council consider items such as existing commitments and other recommendations from the staff which may be responsive to public comments regarding the SmartCode. Please be advised that by virtue of the Plan Commission's disapproval, pursuant to IC 36-7-4 607(e)(4)(B), the Council has forty-five (45) days to confirm its rejection of Z- 535 -09. If the Council fails to act, then Ordinance Z- 539 -09 becomes effective as Certified by the Commission. Forty-five days from the date of this Certification (February 1, 2010) is Thursday, March 18, 2010. ATT$T: ORDINANCE Z- 539 -09 (Formerly Z- 535 -09) An Ordinance to Adopt Article 3: CARMEL SMARTCODE As Part Of Cannel City Code, Chapter 10: Zoning Subdivisions. Ra ona Hancoc Secretary Camel Advisory Plan Commission Dated: February 1, 2010 2010 -0201 09050010 OA Z- 539 -09 PC ReCertification.doc B CARMEL ORY P AN COMMISSION eo Dierckman, Presiden