HomeMy WebLinkAboutPacket 12-20-11 with signaturesCity of Carmel
CARMEL PLAN COMMISSION
MEMORANDUM-
Date: December 9, 2011
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: Docket No. 11070010 OA; Z- 551 -11, As Amended
Enclosed is the information packet for the following item. If you have any questions, please give me a call at
571 -2417.
The Commission needs to affirm /deny Council's amendment to Docket No. 11070010 OA:
Carmel Dr -Range Line Road Overlay Ordinance Amendment (Ordinance Z- 551 -11, as
amended).
On November 7 the City Council approved an amended "Version A" of the Carmel Drive Range Line Road
Sunset Amendment. As is the case with any Council- amended Ordinance, the Plan Commission has 45 days
(until December 22) to approve or disapprove the Council's Amendment. If approved by the Plan
Commission, then the Ordinance goes into effect as amended. If disapproved, then Council's amendment
stands only if confirmed by another Council vote within 45 days of the Plan Commission's disapproval.
The Council's amendment extends the sunset clause (expiration date) for an additional year, until December
2011, instead of deleting it entirely. The issue which Council members raised was a concern that the required
partial second story added unnecessary cost to projects, particularly in difficult economic times.
A copy of Z- 551 -11, As Amended, is attached for your review.
2011.1209; PC Memo re Council Amendment.docx
ONE CIVIC SQUARE
Page 1
CARMEL, INDIANA 46032 317/571 -2417
ORDINANCE Z- 551 -11, AS AMENDED
AN ORDINANCE OF TILE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
Sponsor: Councilor Rider
An Ordinance amending 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 Cannel Ordinance No. D- 1600 -02, the
Cannel Zoning and Subdivision Control Ordinances are incorporated by reference into the Cannel 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, August 16, 2011, it hereby adopts
this Ordinance to amend the Cannel 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. Amend Section 23F. 18: Sunset Provision:
23F.18 Sunset Provision.
This Chapter expires December 31, 2012.
Section 11: 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 IJ OV e +v e Y
2011, by a vote of G ayes and C7 nays.
Version A
11/01/2011
Ordinance Z -551 -11
1
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
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
Ra ona Hancock, ecretary
Carmel Plan Commission
Dated: August 26, 2011
ORDINANCE Z -551 -11
An Ordinance to Amend Chapter 23F: Carmel Drive -Range Line Road Overlay Zone of the
Zoning Ordinance.
The Carmel Plan Commission offers you the following report on the application to the Commission
(Docket No. 11070010 OA) to Amend Chapter 23F: Cannel Drive -Range Line Road Overlay Zone of the
Zoning Ordinance, in order to remove the sunset clause.
The Carmel Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on August 16, 2011 the Commission voted nine (9) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 551 -11 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 26, 2011) is
Thursday, November 24, 2011.
CARME PLAN COMMISSION
BY:
an, President
L? :01 V qZ 911
2011 -0824; Z -551 -11; CDRL Sunset Amend PC Certification doc 1101