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HomeMy WebLinkAboutPacket 08-16-10 City Council MEMORANDUM TO: Carmel City Council FROM: Adrienne Keeling „NY-- Department of Community Services SUBJECT: Z- 543 -10 DATE: August 6, 2010 Please find information on the following item forwarded by the Plan Commission attached. This item will appear on your August 16 agenda. Forwarded with favorable recommendation: Ordinance Z- 543 -10 (Docket Nos. 10040014 OA 10050001 OA): Patch VIII Ordinance Amendment The applicant seeks to Amend Chapter 3: Definitions; Chapter 23B: US Highway 31 Corridor Overlay Zone; Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone; Chapter 23E: Home Place District Overlay Zone; Chapter 25: Additional Use Regulations; Chapter 27: Additional Parking Loading Regulations; Chapter 29: Administration and Appendix A: Schedule of Uses of the Zoning Ordinance. Filed by the Carmel Department of Community Services. Summary: Please find enclosed the Plan Commission certified ordinance to amend various sections of the Carmel Zoning Ordinance. The purpose of these amendments is to help clarify and improve upon sections of the ordinance with minor changes. Below is a summary of the topics addressed in this proposal: FARM ANIMALS, MINIMUM ACREAGE REQUIREMENT: PROPOSED AMENDMENT(S): PAGE 1, lines 34 -39 PAGE 4, lines 7 -9 CHAPTER 3: Amend the definition of Farm in the zoning ordinance to require a minimum of 3 acres (instead of 5 acres) to match the City Code. CHAPTER 25: Add a section to Residential Accessory Uses specifying maximum number of hens on a residential property. RATIONALE: There are currently conflicting ordinances. Farm as defined in the zoning ordinance requires a minimum of 5 acres and City Code requires 3 acres for farm animals. In conjunction with this amendment, the Plan Commission asked for and approved a provision to address the raising of hens (no roosters). FOOD STANDS, PROCEDURES FOR TEMPORARY PLACEMENT: PROPOSED AMENDMENT(S): PAGE 1, line 41 -43 PAGE 5, lines 14 -39 PAGE A3 CHAPTER 3: Modify Food Stand definition to include fruits, vegetables and prepared food items. CHAPTER 25: Add new Food Stand section, including submittal requirements and development standards. APPENDIX A: Make Food Stands (Retail Service Use Category) Permitted Uses in all non residential districts and overlay zones. RATIONALE: The Department has fielded several questions since this spring regarding Food Stands locating on Private Property. Currently, there is no clear process for their review or approval. 2010 -0816; Z- 543 -10; Council Report.doc SEASONAL SALES TIMELINES PROPOSED AMENDMENT(S): PAGE 4, line 12 through PAGE 5, line 12 CHAPTER 25: Require a site plan, establish a 30, 60, 90 or 120 day time limit for Seasonal Outdoor Sales which is based upon the type of item sold, and clarify that the approval is administratively reviewed. RATIONALE: The Ordinance currently places a 30 day limit on Seasonal Outdoor Sales. Some types may be appropriate to extend for longer periods. NOTE: One -day and weekend sales /events are subject to a similar, but shorter approval period, for up to 5 days each. For more information, see Special Outdoor Events and Outdoor Sales in Chapter 25 of the Zoning Ordinance. OVERLAY ZONE BOUNDARIES (WHEN PARCEL IS BOTH IN AND OUT OF AN OVERLAY) PROPOSED AMENDMENT(S): PAGES 2 and 3 CHAPTERS 23B, 23C, 23E: Add/re- arrange consistent language across US 31, Michigan Rd and Home Place Overlay zones which specifies that the DP and/or ADLS on parcels partially in an overlay zone must meet the overlay zone requirements. RATIONALE: Questions have recently been raised about parcels whose boundaries fall only partially in an overlay (e.g. Michigan Rd Kroger project). The ordinance requires DP and/or ADLS approval for the entire parcel; however, the ordinance does not specifically state that the DP or ADLS must meet the requirements of the overlay. REDUCE FAST FOOD PARKING RATIO PROPOSED AMENDMENT(S): PAGE 6, lines 3 -6 CHAPTER 27: Reduce ratio from one space per 50 sqft. to one space per 80 sqft. of floor area based upon some existing parking ratios. RATIONALE: Until an amendment in 2006, fast food parking requirements were calculated by the number of patron seats and employees. For long term tracking, it was amended to be based on square footage of the building; however, this forces extra spaces for areas devoted to offices, kitchen or storage. Fast food restaurants approved since 2006 have either obtained variances or have involved re- construction of existing sites (DQ and Taco Bell). IMPACT FEE CLARIFICATIONS PROPOSED AMENDMENT(S): PAGE 6, lines 9 -40 CHAPTER 29: Modify the language to add a second option (approval by the Board of Public Works Safety) by which credits to Parks and Recreation Impact Fees may be approved. APPENDIX A CLARIFICATIONS PROPOSED AMENDMENT(S): PAGES Al -A6 APPENDIX A: Delete "E" from Old Meridian Zones, since Old Meridian is a primary zoning district as opposed to an overlay zone. Clarify that Excluded Uses are only relevant to overlay zones. RATIONALE: There has been a lot of confusion regarding Excluded Uses vs. a "blank" column, which is listed as prohibited. Excluded Uses are specific to overlay zones. Permitted uses in overlay zones are determined by their primary zoning district unless specifically excluded by the overlay. For example, if a piece of property is zoned B -2 and within the US 31 Overlay, then the B' -2 district determines which uses are permitted. However, even though a Car Wash is permitted in B -2, the Overlay Zone specifically excludes them. The information on this item has been arranged in the following format: 1. Copy of the Ordinance Proposal (Z- 543 -10) 2. Copy of PC Certification 2010 -0816; Z- 543 -10; Council Report.doc 1 Sponsor: Councilor Rider 2 3 ORDINANCE Z- 543 -10 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE 5 CITY OF CARMEL, INDIANA 6 7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch VIII) 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 Zoning Ordinance; 17 and 18 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 19 text of the zoning ordinance and 20 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the 21 text of the Subdivision Control Ordinance; and 22 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, 23 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City 24 Code; 25 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 26 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket Nos. 10040014 OA and 27 10050001 OA having received favorable recommendations from the Carmel Advisory Plan Commission on 28 Tuesday, July 20, 2010, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance 29 No. Z -289, as amended) to read as follows: 30 Section I: 31 32 ZO Chapter 3: Definitions: 33 a. Amend the following definitions in Section 3.07: Definitions to read: 34 1 FARM. A tract of land comprising an area of at least five three (53) acres which is devoted to agricultural operations, 35 such as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, 36 shrubs and plants; and other recognized agricultural pursuits and including Accessory Buildings essential to the 37 operation of the farm. Accessory Buildings may include barns; equipment and animal sheds; farm residences 38 for the owner, operator or farm assistants; roadside sales Structure for the sale of products of the farm, not 39 including industrial or commercial operations or Structures or feedlots. 40 41 FOOD STAND. A portable structure used for the display and retail sale of food products with no space for customers 42 within the structure itself. Food items may include fruits, vegetables, and other items requiring further 43 preparation, or they may include items pre prepared and ready for consumption. 44 45 SALES, OUTDOOR. The short-term outdoor display of products or merchandise in an unroofed and/or unenclosed area 46 by a business permanently established on the premise of which the sale is located. This shall include, but is not 47 limited to grand opening sales, sidewalk sales, food stands, kiosks, and specialty sales. 48 49 Ordinance Z- 5- 543 -10 1 8/6/2010 1 ZO Chapter 23B: U.S. Highway 31 Corridor Overlay Zone 2 b. Add Section 23B.02(D) as follows: 3 23B.02 Commission Review: 4 D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the 5 U.S. Highway 31 Overlay Zone, a DP and ADLS in compliance with the US Highway 31 Overlay 6 Zone shall be submitted to the Commission for the entire tract. Wherever there exists a conflict 7 between the requirements of the underlying zoning and those of the U.S. 31 Overlay Zone, the 8 requirements for the U.S. 31 Overlay Zone shall prevail. 9 10 c. Delete Section 23B.07(B) as follows: 11 23B.07 Minimum Tract Size: 12 I A. Except as provided in Paragraph CB, below, the minimum area covered by a DP within the U.S. 13 Highway 31 Overlay Zone must be 217,800 square feet (5 acres). 14 B. If a Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone, a DP 15 16 requirements of thc underlying zoning and those of thc U.S. 31 Overlay Zone, the requirements for the 17 U.S. 31 Overlay Zone shall prevail. 18 GB. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and 19 said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot 20 "Undersized Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that: 21 (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot 22 met the requirements for minimum lot size then in effect for a lot in the underlying primary 23 zoning district(s); 24 (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a 25 street or public way) owned or owned by an affiliate on or before the Effective Date or at the 26 time of application which, if combined with the Undersized Lot would create a parcel which 27 conforms, or more closely conforms, to the requirements of this Paragraph; and, 28 (3) All other requirements applicable to the U.S. 31 Overlay Zone can be met. 29 1 DC. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent Tract 30 after the approval of a Development Plan (DP) for the entire tract. However, the development of the 31 parcel must still conform to the DP for the Parent Tract as approved or amended by the Commission, 32 and all other applicable requirements contained in the Zoning Ordinance. 33 34 ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone 35 d. Amend Section 23C.02(A) to read: 36 23C.02 Commission Approval. 37 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the 38 Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public 39 hearing before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP 40 applications, shall examine factors concerning the site, Site Plan and the surrounding area, which 41 include but are not limited to the following items: 42 1. Topography; 43 2. Zoning on site; 44 3. Surrounding zoning and existing land use; 45 4. Streets, curbs and gutters, bicycle paths, and sidewalks; 46 5. Access to public streets; 47 6. Driveway and curb cut locations in relation to other sites; 48 7. General vehicular and pedestrian traffic; Ordinance Z- 5- 543 -10 2 8/6/2010 1 8. Parking facilities and internal site circulation; 2 9. Special and general easements for public or private use; 3 10. On -site and off -site surface and subsurface storm and water drainage, including drainage 4 calculations; 5 11. On -site and off -site utilities; 6 12. The means and impact of sanitary sewage disposal and water supply techniques; 7 13. Dedication of streets and rights -of -way; 8 14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, 9 platted residential uses; 10 15. Storage area; 11 16. Protective restrictions and/or covenants; 12 17. Effects any proposed project may have on the entire Overlay Zone; and, 13 18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive 14 Plan. 15 16 e A LI. 17 18 e. Add Section 23C.02(E) to read: 19 E. Partial Boundaries Conflicts. If a Parent Tract is located both inside and outside of the U.S. 20 Highway 421 Michigan Road Corridor Overlay Zone, a DP and ADLS in compliance with the US 21 Highway 421 Michigan Road Overlay Zone shall be submitted to the Commission for the entire 22 Parent Tract. Wherever there exists a conflict between the requirements of the underlying zoning and 23 those of the US Highway 421 Michigan Road Overlay Zone, the requirements for the US Highway 24 421 Michigan Road Overlay Zone shall prevail. 25 26 ZO Chapter 23E: Home Place District Overlay Zone 27 f. Delete Section 23E.02(A)(4) as follows: 28 23E.02 Commission Approval. 29 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the 30 Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place 31 Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit 32 Development. 33 34 Zone, a DP shall be submitted to the Plan Commission for the entire tract. Wherever there 35 exists a conflict between the requirements of the underlying zoning and those of the Home 36 37 prevail. 38 39 g. Add Section 23E.02(D) to read: 40 23E.02 Commission Approval. 41 D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the 42 Home Place Business District or West Home Place Commercial Corridor, a DP and ADLS in 43 compliance with the Home Place Business District or West Home Place Commercial Corridor 44 provisions shall be submitted to the Commission for the entire tract. Wherever there exists a conflict 45 between the requirements of the underlying zoning and those of the Home Place District Overlay Zone, 46 the requirements for the Home Place District Overlay Zone shall prevail. Ordinance Z- 5- 543 -10 3 8/6/2010 1 2 ZO Chapter 25: Additional Use Regulations 3 h. Amend Section 25.01: Accessory Buildings and Uses to read: 4 25.01 Accessory Buildings and Uses. 5 25.01.01 Residential Districts. 6 C. Accessory Uses. 7 9. Raising of Hens. Up to three (3) hens may be kept on residential properties, 8 provided they are confined by a coop or similar Accessory Building. The presence 9 of more than three (3) hens, or any rooster, shall be considered a Farm. 10 11 i. Amend Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read: 12 25.24 Sales, Seasonal Outdoor, Temporary Use. 13 25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of 14 Uses, such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. Local 15 non- profit organizations shall be exempt from all fees associated with this type of Temporary Use 16 permit. 17 25.24.02Submittal of a site plan, indicating sales areas, signage and parking areas, shall be required before the 18 issuance of any permits related to Seasonal Outdoor Sales. Signage plans are also required. Areas 19 designated for Seasonal Outdoor Sales shall not be located within nor encroach upon: 20 A. Any minimum required setback yard; 21 B. Any drainage easement; 22 C. A fire lane; 23 D. A maneuvering aisle, 24 E. Any right -of -way, greenway or trail; 25 EF. A parking space or spaces necessary to meet the minimum parking requirements of the other 26 use(s) of the lot or parcel. 27 25.24.03 Seasonal Sales may be located within parking areas, provided it: 28 A. Does not interfere with pedestrian or vehicular access or parking. 29 B. Does not create a visibility obstruction to moving vehicles within a parking lot. 30 25.24.04Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) 31 feet in height. 32 25.24.05 Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property per year. 33 Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of thirty (30), sixty (60), 34 ninety (90), or one hundred twenty (120) consecutive days per permit, depending on use.unless 35 otherwise approved by the Plan Commission. One -time extensions may be granted for all Seasonal 36 Outdoor Sales, unless otherwise approved by the Board of Zoning Appeals. Seasonal Outdoor Sales 37 may not be renewed beyond the time period indicated in the Time Limits for Seasonal Outdoor Sales 38 table. Periods of time are considered to include one (1) calendar year. 39 Ordinance Z- 5- 543 -10 4 8/6/2010 1 TIME LIMITS FOR SEASONAL OUTDOOR SALES_ Item(s) Sold Plants, Fruits/ Flowers Vegetables Holiday items 30 Days x x 0 60 Days x x* 90 Days x 120 Days x nonrenewable 2 25.24.06 Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07.03 -06: 3 Signage for Temporary Uses of this Ordinance. 4 25.24.07 Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the 5 1 proposed temporary use with adjoining areas, the Commission Director shall review the Architectural 6 Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal 7 1 Outdoor Sale. Once approved by the Commission Director, the Architectural Design, Exterior 8 Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered 9 1 without the prior approval of the Commission Director. Plan Commission approval is required prior to 10 the issuance of Temporary Use Permit. An applicant may continue to use an ADLS Approval to obtain 11 subsequent Temporary Use Permits provided that the proposed Temporary Use is consistent with such 12 ADLS Approval, including time limits. 13 14 25.27 Food Stands. 15 25.27.01 Food Stands shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, and 16 shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. 17 25.27.02Submittal of a site plan, indicating sales and seating areas, shall be required before the issuance of any 18 permits related to Food Stands. Signage plans are also required. Areas designated for Food Stands 19 shall not be located within nor encroach upon: 20 A. Any drainage easement; 21 B. A fire lane; 22 C. A maneuvering aisle, 23 D. Any right -of -way, greenway or trail; 24 E. A arkin s ace or s laces necessar to meet the minimum arkin re. uirements of the other 25 use(s) of the lot or parcel. 26 25.27.03 Food Stands may be located withinparking areas, provided it: 27 A. Does not interfere with pedestrian or vehicular access or parking. 28 B. Does not create a visibility obstruction to moving vehicles within a parking lot. 29 25.27.04Food Stands shall be removed from the premises when not in operation. 30 25.27.05 The height of the Food Stand, including all accessory equipment, shall not exceed eight (8) feet. 31 25.27.06Signage in conjunction with a Food Stand shall be attached to the Food Stand and may not exceed ten 32 (10) square feet in area. 33 25.27.07Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights 34 or noisemakers, such as bells, horns or whistles. 35 25.27.08 Customer seating areas associated with Food Stands shall be prohibited. 36 25.27.09Temporary Use Permits for Food Stand may be issued for up to one (1) year. 37 25.27.10A11 Food Stand requirements listed herein are in addition to health and safety codes administered by 38 the State or County Health Departments. 39 Ordinance Z- 5- 543 -10 5 8/6/2010 1 ZO Chapter 27: Additional Parking Loading Regulations 2 j. Amend Section 27.08 Amount of Parking Spaces Required to read: 3 27.08 Amount of Parking Spaces Required. 4 Off street parking spaces shall be provided and maintained for all uses in accordance with the following 5 minimum requirements, unless otherwise specified herein: Use: Parking Requirements: Restaurant, with Walk -Up /Drive -Thru Food One space per 30-80 sq. ft. of floor area Sales 6 7 ZO Chapter 29: Administration 8 k. Amend Section 29.07.05to read: 9 29.07 Parks and Recreation Impact Fees. 10 29.07.05 Credit in Lieu of Payment; Exemptions. 11 1. Pursuant to IC 36 -7 -4 -1335, any person obligated to pay a fee pursuant to the terms of this 12 PRIF Ordinance may be granted the option of financing, constructing and dedicating Parks 13 and Recreation Infrastructure instead of making all or part of any impact fee payment which 14 may be due, so long as such financing, construction and dedication are accomplished either 15 (A) pursuant to the 2010 -2015 Zone Improvement Plan and with the consent and acceptance 16 of the Parks Board, or (B) under a request by the Carmel Board of Public Works and Safety 17 and with the consent and acceptance of the Board of Public Works and Safety. 18 2. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed 19 a credit in an amount equal to the sum of (A) the actual cost of constructing or 20 providing the infrastructure or improvements, plus (B) the fair market value of the land, real 21 property interests, and site improvements provided. 22 3. The amount of the credit shall be determined by agreement (the "Credit Agreement between 23 the person constructing or providing the infrastructure or improvement and either (A) the 24 Parks Board or (B) the Board of Public Works and Safety, depending upon which board is to 25 accept the dedication of the infrastructure or improvement. A fee payer shall make a request 26 for credit prior to the issuance of the improvement location permit. In the event the credit is 27 less than the amount of the impact fee due pursuant to Section 29.07.04 above, the remaining 28 balance shall be due in accordance with the provisions stated hereafter. 29 4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all 30 infrastructure and improvements constructed or furnished in accordance with IC 36 -7 -4 -1313 31 and IC 36 -7 -4 -1335 since January 1, 1989. In addition, a fee payer or other person 32 responsible for installing infrastructure or improvements may designate in writing a method 33 of allocating its credits to future fee payers who may be successors in interest to the credits 34 earned by the fee payer or others, as part of the Credit Agreement provided for above. 35 5. Any person otherwise obligated to pay the fee established by this PRIF Ordinance whose 36 property was to ally or partially destroyed by fire, storm or other casualty beyond his or her 37 control, shall be exempt from said fee if such person repairs or replaces the destroyed 38 structure without creating a burden on Parks and Recreation Infrastructure greater than the 39 burden imposed by the destroyed structure. 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Z -S a a a v) a v) w M 3 o eS G o.� 0. I -S a a a 0 x v 3 o N I o 0 5 U o y cs 0 0 C J 3 G �ij ,y L i 4"8 O d' F C o a,$ 2 bA m N 9 O C C o y V a+ E '7 0 0 8 E 2 s E-) 3 b c..) :n a g P op 11, 3 p y0 a.+ C ra N [tl 'O G C C 'G N G J ,9 c a Et E~ g .2 w 2 a c q i?A o 0. e 66 c a 0 b C p c y w o w' o x 9 C O X Q '0 O o o m ii i 0 c il d x g a 'b t •C a g 2 0 P. 0 o -t 4 o <a ro v w t a a H F U g 2 v v, H Q J x F 3 3 C a. U^ E` t d 1 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are 2 hereby repealed. 3 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the 4 Mayor. 5 6 PASSED by the Common Council of the City of Carmel, Indiana this day of 7 2010, by a vote of ayes and nays. 8 9 Ordinance Z- 5- 543 -10 7 8/6/2010 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 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 Ordinance Z -5- 543 -10 8 8/6/2010 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 543 -10 An Ordinance to Amend Chapter 3: Definitions; Chapter 23B: US Highway 31 Corridor Overlay Zone; Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone; Chapter 23E: Home Place District Overlay Zone; Chapter 25: Additional Use Regulations; Chapter 27: Additional Parking Loading Regulations; Chapter 29: Administration; and Appendix A: Schedule of Uses of the Zoning 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. 10040014 OA 10050001 OA) to Amend Chapter 3: Definitions; Chapter 23B: US Highway 31 Corridor Overlay Zone; Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone; Chapter 23E: Home Place District Overlay Zone; Chapter 25: Additional Use Regulations; Chapter 27: Additional Parking Loading Regulations; Chapter 29: Administration; and Appendix A: Schedule of Uses of the Zoning Ordinance, in order to modify the development standards. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on July 20, 2010 the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z 543 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 (August 3, 2010) is Monday, November 1, 2010. CARMEL ADVI e Y PL COMMISSION B �.�.1' C l_�:../L /ice o 1 ierckman, President AT t ST: 6/J.:1 s /i. R. ona Hancock, Secretary Carmel Advisory Plan Commission Dated: August 3, 2010 2010 -0723 Z- 543 -10; Patch VIII PC Certification.doc 1 •b V E 911V ow