HomeMy WebLinkAboutPacket 09-21-10 MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z- 544 -10
DATE: September 10, 2010
Please find information on the following item forwarded by the Plan Commission attached. This item will appear
on your September 20 agenda.
Forwarded with a favorable recommendation:
Ordinance Z- 544 -10 (Docket No 10070004 OA):
Carmel Dr Range Line Rd Overlay Sunset Amendment
Petition 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 find enclosed the Plan Commission- certified ordinance to remove the sunset clause in 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 Pharmacy (planned)
Turkey Hill Market (planned)
Nightingale Offices (completed)
Fineberg Building (completed)
KFC (approved pre Overlay with variances for the narrower setbacks)
Companion Animal Hospital (approved pre Overlay with variances for the 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.
The information on this item has been arranged in the following format:
1. Copy of PC Certification
2. Copy of the Ordinance Proposal (Z- 544 -10)
3. Copy of informational letter sent to property owners
2010 -0920: Z- 544 -10: Council Report.doc
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- 544 -10
An Ordinance to Amend Chapter 23F: Carmel Drive -Range Line Road Overlay Zone 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. 10070004 OA) to Amend Chapter 23F: Carmel Drive -Range Line Road
Overlay Zone of the Zoning Ordinance, in order to remove the sunset clause.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on August 17, 2010 the Commission voted eight (8) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 544 -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 (August 31, 2010) is Monday,
November 29, 2010.
CARMEL ADV 4 RV 'LAN C 1 MISSION
B
o ierc man, President
4
Q
Ra ona Hancock, ecretary G,
Carmel Advisory Plan Commission
Dated: August 31, 2010 -D
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N
2010-0830; Z-544-10; CDRI.. Sunset Amend PC Certitication.doc
1 Sponsor: Councilor Rider
2
3 ORDINANCE Z- 544 -10
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance removing the sunset provision of the Carmel Drive Range Line Road Overlay Zone in the
8 Carmel Zoning Ordinance
9
10 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
11 each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
12 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
13 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
14 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
15 approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the
16 official Comprehensive Plan of the. City of Carmel and Clay Township; and
17 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; 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 -610 and City of Carmel Ordinance No. D- 1600 -02, the
21 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
22 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
23 that, pursuant to IC 36 -7 -4 -600 et seq. and after Docket No. 10070004 OA having received a favorable
24 recommendation from the Carmel Advisory Plan Commission on Tuesday, August 17, 2010, it hereby adopts
25 this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as follows:
26 Section I:
27 ZO CHAPTER 23F: CARMEL DRIVE RANGE LINE ROAD OVERLAY ZONE
28 a. Delete Section 23F.18: Sunset Provision:
29
30 23F.18 Sunset Provision.
31 This Chapter expires December 31, 2010.
32
33 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
34 repealed.
35
36 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
37 Mayor.
38
39 PASSED by the Common Council of the City of Carmel, Indiana this day of
40 2010, by a vote of ayes and nays.
41
42
09/10/2010
Ordinance Z- 544 -10
1
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, Indianathis 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
09/10/2010
Ordinance Z- 544 -10
2
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gist ;;t;
September 10, 2010
Dear Carmel Property Owner:
As a property owner along Carmel Drive and /or Range Line Road, this letter is to inform you of a
public hearing to amend the Zoning Ordinance which will take place at an upcoming Carmel City Council
meeting regarding the Carmel Drive Range Line Road Overlay Zone.
First adopted in 2005, the Overlay Zone's purpose is to improve the community by requiring new
buildings and major renovations to adhere to a consistent, pedestrian friendly architecture and site design.
The Overlay Zone is currently set to expire at the end of 2010; however, to ensure there is no lapse in
development standards, the Department of Community Services is requesting the Overlay Zone remain in
effect. It is a valuable tool in assuring the highest quality development along one of Carmel's most visible
corridors.
The purpose of the hearing is to inform the public of an opportunity to address the Council regarding
this proposal to remove the Overlay Zone's sunset/expiration date. The City Council's public hearing is
scheduled as follows:
Carmel Dr -Range Line Road Overlay Sunset Amendment
Ordinance Z- 544 -10
Monday, September 20, 2010 at 6:00 PM
Carmel City Hall, Council Chambers 2n floor
One Civic Square, Carmel, IN 46032
For more information you may read Zoning Ordinance, Chapter 23F: Carmel Drive Range Line
Road Overlay Zone in its entirety on the City's Website at: www.carmel.in.gov or by visiting the Department
of Community Services during normal business hours. Should you have questions, please do not hesitate to
contact Adrienne Keeling, Planning Administrator at akeeling @carmel.in.gov or by calling 317 571 -2417.
Sincerely,
Adrienne Keeling
Planning Administrator
Department of Community Services
One Civic Square Carmel, IN 46032 317 -571 -2417