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HomeMy WebLinkAboutPacket 08-17-10 �`�G` /U//o//� CI A�R�i lc�)►� s n Of C arme l 4__ O II1I CARMEL PLAN COMMISSION -MEMORANDUM- Date: August 6, 2010 To: Plan Commission Members From: Adrienne Keeling Department of Community Services Re: Docket No. 10070004 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. 10070004 OA: Carmel Dr Range Line Rd Overlay Sunset Amendment The applicant seeks to amend the Zoning Ordinance, Chapter 23F: Carmel Drive Range Line Road Overlay Zone, in order to remove the sunset provision. Filed by the Carmel Department of Community Services. Please see the attached proposal to remove the sunset provision of the Carmel Drive Range Line Road Overlay Zone. Originally adopted in 2005, the purpose of the Carmel Drive Range Line Road Overlay Zone is to enhance the livability of Carmel by encouraging a range of activities in mixed -use buildings, and by establishing an attractive and safely designed pedestrian oriented environment in buildings and along streetscapes. Included within the Overlay Zone is a sunset provision mandating its expiration at the end of 2010. The original expiration date of December 31, 2006 was extended a number of times in anticipation of the adoption of a Central Business District Plan. The Carmel SmartCode, which incorporated many similar standards, was intended to serve in that capacity, but failed approval earlier this year. The Carmel Drive Range Line Road Overlay Zone has been a valuable tool for staff and our decision makers in achieving the highest quality of development over the past five years. Several sites have planned or completed redevelopment along Range Line Road either under the regulation or influence of the Overlay, including: CVS (planned) Turkey Hill (planned) Nightingale Offices (completed) Fineberg Building KFC (approved pre Overlay with variances for narrower setbacks) Companion Animal Hospital (approved pre Overlay with variances for narrower setbacks) The Department proposes to eliminate the sunset provision because the Overlay Zone has served Carmel well and continues to do so. The private market has proven that it is possible to develop under its standards, with and without variances. 2010 -0806; PC Memo.rtf Page I ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Sponsor: Councilor Rider ORDINANCE Z- -10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance removing the sunset provision of the Carmel Drive Range Line Road Overlay Zone in. the Carmel Zoning Ordinance WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36 -7 -4 -600 et seq. and after Docket No. 10070004 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, 2010, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as follows: Section I: ZO CHAPTER 23F: CARMEL DRIVE RANGE LINE ROAD OVERLAY ZONE a. Delete Section 23F.18: Sunset Provision: 23F.18 Sunset Provision. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this day of 2010, by a vote of ayes and nays. 08/06/2010 Ordinance Z- -10 1