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CARMEL PLAN COMMISSION
-MEMORANDUM
Date: August 5, 2011
To: Plan Commission Members
From: Adrienne Keeling
Department of Comm Services
Re: Docket No. 11070010 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. 11070010 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 (expiration date) of the Carmel Drive
Range Line Road Overlay Zone.
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 to establish an attractive and safely
designed pedestrian oriented environment in buildings and along streetscapes. Included within the Overlay
Zone Chapter is a sunset provision mandating its expiration at the end of 2011. The original expiration date of
December 31, 2006 was inserted into the Overlay as a trial period to ensure that if major problems arose, the
regulations would expire.
You may recall the Department proposed to delete the sunset provision (expiration date) last year. While the
Plan Commission recommended it favorably, the Council voted to extend the sunset clause for an additional
year, until December 2011. The hesitance raised at the time was that the required second story added
unnecessary cost to projects, particularly in these difficult economic times.
The Carmel Drive Range Line Road Overlay Zone has been a valuable tool in recent years for staff and our
decision makers in achieving the highest quality development in the corridor. Several sites have planned or
completed redevelopment along Range Line Road either under the regulation or influence of the Overlay,
including:
CVS Pharmacy
Turkey Hill Market
Nightingale Offices
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 has served Carmel well and
continues to do so. The private market continues to develop under its standards, with and without variances.
The entirety of the Overlay Zone (Zoning Ordinance, Chapter 23F, may be viewed on the City's website at:
http://www.ci.carmel.in.us /services /DOCS /DOCSCAO.htm #Codes.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Sponsor: Councilor
ORDINANCE Z- -11
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. 11070010 OA having received a favorable
recommendation from the Carmel Advisory Plan Commission on Tuesday, 2011, 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:
23E18 Sunset Provision.
This Chapter expires December 31, 2011.
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 2011,
by a vote of ayes and nays.
08/05/2011
Ordinance Z- -11
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COMMON COUNCIL FOR THE CITY OF CARIVIEL
Presiding Officer Joseph C. Griffiths
W. Eric Seidensticker, President Pro Tempore Kevin Rider
John V. Accetturo Richard L. Sharp
Ronald E. Carter Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2011, at M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2011, at _.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Prepared by:
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
08/05/2011
Ordinance Z- -11
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