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HomeMy WebLinkAboutZ-445-04 Sponsor: Councilor Mark Ralterrmn ORDINANCE NO. Z-445-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AN ORDINANCE AMENDING THE REQUIREMENT THAT RESIDENCES ON LOTS ABUTTING THOROUGHFARES DERIVE VEHICULAR ACCESS BY MEANS OF ALLEYS OR FRONTAGE PLACES WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in I.C. 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances most first approve by resolution a Comprehensive Plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, on Suly 7, 1997, the Common Council of the City of Carmel adopted Ordinance No. Z-318, commonly known as the Frontage Place & Alley Ordinance, in order to better reflect the community's desire for orderly residential developmeni; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the Subdivision Control Ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Cannel/Clay Subdivision Control Ordinance is incorporated by reference into the Cannel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and IC 36-7-4-700 et seq., it adopts this Ordinance as an amendment to the Cannel/Clay Subdivision Control ordinance, Ordinance No. Z-160, as amended (the "Subdivision Control Ordinance"), and amends and adds certain provisions to those ordinances as follows: Section I: a. Araend Section 6.03.19 of the Subdivision Control Ordinance to read as follows: 6.03.19 Access to Arterials~ Parkways~ and Collectors. Where the Subdivision abuts or contains a major arterial, parkway, or collector as designated in the thoroughfare section of the Comprehensive Plan, the Commission shall require that measures be taken to ~duce the impact of heavy traffic on the Ordinance No. Z-445-04 p.l residential lots fronting upon such a thoroughfare, and to afford separation of through and local u:affic, through one of the foLlowing means: 1. By providing vehicular access to such lots by means of a Frontage Place separated from the thorougkfare fight-of-way by a planting strip at least twenty (20) feet in width and connecting therewith at infrequent intervals. 2. By providing vehicular access to such lots by means of a residential Alley atoning along the rear lot lines of the lots to be served and with vehicular access to such lots from the thoroughfare prohi"oited by means of a non-access easement at least five (5) feet in width running alongside the thoroughfare right-of-way. 3. By designing lots having access only from a parallel ~ local sffeet,-a or cul-de-sac, or a !ec~ :~:e~ and with vehicular access to such lots from the thoroughfare prohibited by means of a non-access easement at least five (5) feet in width rnnning alongside the thoroughfare. 4. By designing lots so they are located not less than seventy-five (75) If ~,t,an-fitt,/-(~ feet from of a major arterial, parkway, or collector thoroughfare and in compliance with section 7.06 of the Subdivision Control Ordinance, pertaining to Standards for Natural Open Space '.~.ey ma:: ~-: .... ~ ~.~2.25; The recommendation of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the developer and the t'mal decision made by the Commission after giving consideration to topography and other physical conditions, the character of existing and contemplated dewlopment in the subdivision and its sm'roundings, and other pertinent factors. Amend Section 6.03.24 to read as follows: 6.03.24 ~. Frontage Places included in residential areas shall conform to the following design requirements: (See Figure 6-1) 1. Width. Frontage places shaLl be at least ~i::t:~ eighteen (-I-6 18) feet in roadway width. 2. Plantint Strio. Frontage places shall be separated from the thoroughfare right-of-way by a planting strip at least twenty (20) feet in width and extending for the length of one (1) lot past the terminal thoroughfare access points. 3. Fences. Fences shall not be erected within the mandatory twanty-foot (20') planting strip. 4. Length between Access Points. Frontage places shall be neither less than two hundred filly (250) feet nor in excess of six hundred (600) feet in length between thoroughfare access points, excepting cases in which the total length of the frontage place is less than two hundred fifty (250) feet. 5. Minimum Distance from Intersections. Thoronghfar* access points shall be a miniraum of two hundred fifty (250) feet from the intorsecfion of major arterials, parkways, and collectors as designated in the thoronglffare section of the Comp~hensive Plan. In this case Ordinance No. Z-445-04 p. 2 a hammerhead extension shall be p~mitted which shall conform to the following design requirements: a. Hammerheads shall be at least sixteen (16) feet in width. b. Hammerheads shall be separated from the thoroughfare right-of-way by a planting s~ip at least twenty (20) feet in width. c. Fences shall not be ~reeted within the mandatory twenty-foot (20') planting strip. d. Hammerheads shall be a minimum of fifty (50) feet across at the end. e. Hammerheads shall accommodate no more than five (5) lots. f. Hammerheads shall be developed as fully paved nnd eurbed surfaces built in accordance with the standards of the City of Carmel as prescribed by the City Engineer. Easement or Rieht-of-Wav Width. Easements or rights-of-way for frontage places shall be twenty (20) feet in width. Terminal Points. Frontage places shall terminate at s~reets. ~. Frontage places shall be develop~l as fully pav~i and anrbed surfaces built in accordance with the standards of the City of Carmel as prescribed by the City Engineer. Amend Section 6.03.25 to read as follows: 6.03.25 Alleys. Alleys ~ncl',:,%~ 5': ::z~z.x~al are,~* shall conform to the following design requtrcments: (See Figure 6- 2) 1. Width. a. Residential: b. Commercial: 2. ~ys-shatt-beq~Mea~ twelve (12) feet in pavement width. Sixteen (16) feet in pavement width. Easement or Right-of-Way Width. a. . . Residential: all%-: ?.Sa~ ~: sixteen (16) feet i~'~ ;:':~'& b. Commercial: Twenty (20) feet. Length. Alleys shall not exceed six hundred (600) feet in length for any given block. Terminal Points.. Alleys shall terminate at s~¢ets. Alignment. Where alleys exist on two or more adjacent blocks, they shall be made to align with one another. unassigned. ACC::: from z~zy: ta I:~ £.v~:'-'-g ex mea.-.z cf a ach aezzz: :azz::'..znt at lzazt .~'.'e (5) fcc,, Parldw,. Alley paxking shall be restricted to garages and paved areas adjacent to garages. On-alley parking shall be prohibited. ~. Alleys shall be developed as fully paved, tmcurbed surfaces built in accordance with the standards oftha City of Carmel as prescribed by the City Engineer. Ordinance No. Z445-04 p. 3 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section HI: This Ordinance shall be in full force and effect from and ager its passage and signing by the Mayor. PASSED by the Common Council of the City of Cannel, Indiana this '~q { day of ,2004, by a vote of ~ ayes and ~3 nays. COMMON COUNCIL FOR THE CITY OF CARMEL Mark Ramekin, At~rge ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z.445-04 p. 4 Ordinance No. Z-445-04 Preseated by me to the Mayor of the City of Carmel, Indiana this | day o ,2004, at I ~.: $~' ~°.M. D~ana L. Cordray, IAMC, Clerk-Treasurex Ordinance No. Z-445-04 Approved by mc, Mayor of the City of Carmel, Indiana, this I~'¥ dayo _~ ,2004, at I~ 9g' Jap~ Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: lohn R. Molitor Cannel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 0,6032 Ordinance No. Z-445-04 p, 5 Form ?esc6bed by State Board of Accounts CARMEL CLERK TREASURER-LEGALS COUNTY, INDIANA 900549-3270871 General Form No, 99 P (Rev. 1987) To: INDIANA NEWSPAPERS 307 N pE2qNSYLVANIA ST - PO BOX 145 INDIANAPOLIS, IN 46206-0145 PUBLISHER'S CLAIM LINE COUNT Display Matter - (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the adveRisement is set). Number of equivalent lines Head - Number of lines Body - Number of lines Tail - Number of lines Total number of lines in notice $ $ $ $ COMPUTATION OF CHARGES $ [9.22 4~,0.1ines 1.0 colurrms wide equals 45.Qequivalent lines at ,427 cents per line f ublicatinn $1.00 for each proof in excess of two) Charges for exam proofs o p ( I'UBLISHER'S AFFIDAVIT_ State of Indiana SS: Hamilton County Personally appeared b~fore m~, a notary public in and for said county and sta~e, the undersigned Karen Mul[lm who, being duly sworn, says that SHE is clerk of the Noblesville Ledger a newspaper of general circulation printed and published in the English language in the city of NOBDESVILLE in state and county aforesaid, and that the printed matter attached hereto is a ~'ue copy, which was duly published in said pap~ for $ time(s), between the dates of: Form 65-REV 1-88 Subscribed and sworn to before me on 05/21/2004 .... £ Not~/Public Susan Ketchem 1: