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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