HomeMy WebLinkAboutPacket to City Council 04-19-10 MEMORANDUM
TO: Carmel City Council
FROM: Alexia Donahue Wold
Department of Community Services
SUBJECT: Z- 540 -10
DATE: April 7, 2010
Please find information on the following item forwarded by the Plan Commission attached. This item will appear
on your April 19 agenda.
Forwarded with a favorable recommendation:
Ordinance Z- 540 -10 (Docket No. 09090004 OA): SCO Ch 4: Definitions Ordinance Amendment
The applicant seeks to Amend Chapter 4: Definitions of the Subdivision Control Ordinance in order to add
definitions for Final Plat and Preliminary Plat. Filed by the Carmel Department of Community Services, on
behalf of the Carmel Plan Commission.
Please find enclosed the Plan Commission certified ordinance to amend Chapter 4: Definitions of the
Subdivision Control Ordinance. It has come to the Department's attention that definitions for Final Plat and
Preliminary Plat need to be added to the Subdivision Control Ordinance (SCO). Briefly, Indiana state law
speaks in terms of "primary" and "secondary" plats for a subdivision, while our SCO calls the same documents
the "preliminary" and "final" plats, respectively. These definitions will resolve that apparent discrepancy and
obviate potential conflicts between our SCO and the corresponding state statute. Please see the definitions
below.
PLAT, FINAL. An application for secondary approval of a subdivision, within the meaning of Ind. Code
36 -7 -4 -700 et seq.
PLAT, PRELIMINARY. An application for primary approval of a subdivision, within the meaning of
Ind. Code 36 -7 -4 -700 et seq.
The information on this item has been arranged in the following format:
1. Copy of PC Certification
2. CBpy of the Ordinance Proposal (Z- 540 -10)
M
O)
2010 -0407; Z- 540 -10; Council Report.doc
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE SUBDIVISION CONTROL ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z- 540 -10
An Ordinance to Amend Chapter 4: Definitions of the Subdivision Control Ordinance.
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Advisory Plan Commission offers you the following report on the application to the
Commission (Docket No. 09090004 OA) to Amend Chapter 4: Definitions of the Subdivision Control
Ordinance, in order to add definitions for Final Plat and Preliminary Plat.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on March 16, 2010 the Commission voted eight (8) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 540 -10 with a
Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4
607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of the original Certification (March 25, 2010) is
Wednesday, June 23, 2010.
CARMEL ADV�9 R PLAN MMISSION
,C' *J P
Dierckman, President L
A ST:
R: ona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: March 25, 2010
2010 -0325; Z- 540 -10; Subdivsion Definitions Amend PC Certification.doc
8S :E d SZ bVW OIOZ
1 Sponsor: Councilor Rider
2
3 ORDINANCE Z- 540 -10
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance Updating Chapter 4: Definitions in the Subdivision Control Ordinance
8
9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7-
10 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
11 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
14 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
15 the official Comprehensive Plan of the City of Carmel and Clay Township; and
16 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Subdivision Control
17 Ordinance; and
18 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the
19 text of the Subdivision Control Ordinance; and
20 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02,
21 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
22 Code;
23 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
24 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 09090004 OA
25 having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday,
26 March 16, 2010, it hereby adopts this Ordinance to amend the Carmel Subdivision Control Ordinance
27 (Ordinance No. Z-160), as amended, to read as follows:
28 Section I:
29 SCO Chapter 4: Definitions
30 a. Add definitions to Section 4.06 to read:
31
32 PLAT, FINAL. An application for secondary approval of a subdivision, within the meaning of Ind.
33 Code 36 -7 -4 -700 et seq.
34
35 PLAT, PRELIMINARY. An application for primary approval of a subdivision, within the meaning
36 of Ind. Code 36 -7 -4 -700 et seq.
37
38 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
39 hereby repealed.
40 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
41 Mayor.
42
43 PASSED by the Common Council of the City of Carmel, Indiana this day of
44 2010, by a vote of ayes and nays.
Ordinance Z- 540 -10
Page 1
4/6/2010
1 COMMON COUNCIL FOR THE CITY OF CARMEL
2
3
4
5 Presiding Officer Joseph C. Griffiths
6
7
8
9 Richard L. Sharp, President Pro Tempore Kevin Rider
10
11
12
13 John V. Accetturo W. Eric Seidensticker
14
15
16
17 Ronald E. Carter Luci Snyder
18
19
20 ATTEST:
21
22
23
24 Diana L. Cordray, IAMC, Clerk- Treasurer
25
26
27 Presented by me to the Mayor of the City of Carmel, Indiana this day of
28 2010, at _.M.
29
30
31
32 Diana L. Cordray, IAMC, Clerk- Treasurer
33
34
35 Approved by me, Mayor of the City of Carmel, Indiana, this day of
36 2010, at _.M.
37
38
39
40 James Brainard, Mayor
41
42 ATTEST:
43
44
45
46 Diana L. Cordray, IAMC, Clerk- Treasurer
47
48 Prepared by:
49 Alexia Donahue Wold, Planning Administrator, One Civic Square, Carmel, IN 46032
Ordinance Z -540 -10
Page 2
4/6/2010