HomeMy WebLinkAboutPacket 11-05-12 City Council MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z-558-12,As Amended
DATE: October 30,2012
Please find the attached information on the following item returned from the Plan Commission and reviewed by
the Land Use Committee. This item will appear on your November 5th agenda.
Returned to the Council with a disapproval of the amendments:
Ordinance Z-558-12,As Amended (Docket No. 12010005 OA): Patch Ordinance IX
The Land Use Committee discussed the Council's options under Indiana Code, and ultimately agreed that the Plan
Commission's recommended amendments be adopted with one adjustment regarding commitments.
HISTORY OF Z-558-12:
May 15,2012: Z-558-12 received a favorable recommendation from the Plan Commission
August 20,2012: Z-558-12,As Amended(Version B) was approved by City Council
September 19,2012: Z-558-12,As Amended disapproved by the Plan Commission(Certification expires 11/16/12)
October 15,2012: Disapproval of Z-558-12,As Amended was sent to the Land Use Committee for review
October 23,2012: Land Use Committee reviewed Plan Commission recommendations
As noted in the Plan Commission's disapproval,there were two sections with which the Plan Commission disagreed and
suggested amendment. After review by the Land Use, Annexation & Economic Development Committee, the following
amendments to Z-558-12,As Amended(Version B) are formally proposed:
SUBDIVISION WAIVERS:
Subdivision Control Ordinance, Section:
3.07.01 Pursuant to I.C. 36-7-4-702,the standards fixed in the subdivision control ordinance may be waived by the
Commission(or plat committee acting on the Commission's behalf);however,the plat must still meet all applicable
standards prescribed in the zoning ordinance(other than standards modified by variance in accordance with the I.C.
36-7-4-900 series).As a condition of granting a waiver under this subsection,the Commission may allow or require a
commitment to be made by the applicant under I.C.36-7-4-1015.
3.07.01 Pursuant to I.C. 36 7 1 702,the Commission may,after a public hearing, waive any of the standards fixed in this
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2012-1105;Z-558-12;Council Repon.docx
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applicant under I.C. 36 7 4 1015.
COMMITMENTS:
As an adjustment to the Plan Commission's suggestions, the Land Use Committee recommended that time period to
record commitments is reduced from 90 to 30 days(reflected below).
Zoning Ordinance, Section:
31.06.05 Rules Governing Commitments.
In addition to the requirements of IC 36-7-4-1015,all Commitments shall comply with the following:
1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of Procedure,
and must identify any specially affected persons or class of specially affected persons who may enforce the
Commitment. A Commitment must authorize its recording by the Director in the Office of the Hamilton
County Recorder.
2. Recording: Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder and
takes effect upon the adoption of the proposal to which it relates. Following the recording of a
Commitment, the Director shall return the original recorded Commitment to the owner and shall retain a
copy of the recorded Commitment in the Commission's file. • :.
recordable form and made available to all Commissioners prior to a final vote. All necessary subsequent
approvals, including but not limited to Development Plans, Plats, and Improvement Location Permits will
be withheld pending receipt of the recorded Commitment. Failure to return a recorded Commitment within
thirty(30)days shall nullify the Commission's approval.
If these amendments are adopted,they will be formally on the record as Z-558-12,As Amended, Version C. The
Clerk-Treasurer's Office has the appropriate Ordinance and signature page.
2012-1105;Z-558-12;Council Report.docx
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