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CARMEL PLAN COMMISSION
MEMORANDUM-
Date: .March 1, 2010
To: Plan Commission Members
From: Alexia Donahue Wold
Department of Community Services
Re: March 16 Plan Commission meeting Docket No. 09090004 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a call at 571 -2417.
Docket No. 09090004 OA: SCO Ch 4: Definitions 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.
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.
Enclosed is a draft ordinance proposal.
2010- 0201; 09090004 OA; PC Memo
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
1 Sponsor: Councilor
2
3 ORDINANCE Z- 5 -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 -4),
0 each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
1 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
2 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
3 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
4 approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the
5 official Comprehensive Plan of the City of Carmel and Clay Township; and
6 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Subdivision Control
7 Ordinance; and
8 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the text
9 of the Subdivision Control Ordinance; and
0 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1.600 -02, the
.1 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
.2 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
3 that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 09090004 OA having received a
4 favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, DATE, 2010, it hereby
5 adopts this Ordinance to amend the Carmel Subdivision Control Ordinance (Ordinance No. Z -160), as
.6 amended, to read as follows:
7 Section I:
8 SCO Chapter 4: Definitions
9 a. Add definitions to Section 4.06 to read:
0
1 PLAT, FINAL. An application for secondary approval of a subdivision, within the meaning of Ind. Code
2 36 -7 -4 -700 et seq.
3
4 PLAT, PRELIMINARY. An application for primary approval of a subdivision, within the meaning of
5 Ind. Code 36 -7 -4 -700 et seq.
6
7 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
8 repealed.
9 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
0 Mayor.
1
.2 PASSED by the Common Council of the City of Carmel, Indiana this day of 2010,
.3 by a vote of ayes and nays.
Ordinance Z- 5## -10
1
3/1/2010