HomeMy WebLinkAboutCertification to City Council 10-02-12 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
ORDINANCE Z-558-12 (As Amended): Patch IX
An Ordinance to Amend Subdivision Control Ordinance Chapter 3: General Provisions and Chapter 7: Open Space Standards for
Major Subdivisions. The Ordinance also Amends Zoning Ordinance Chapter 2: Compliance with the Regulations,Chapter 3:
Definitions,Chapter 5• S-1/Residence District,Chapter 6: S-2/Residence District, Chapter 7: R-1/Residence District,Chapter 8:R-
2/Residence District,Chapter 9.R-3/Residence District,Chapter 10: R-4/Residence District,Chapter 20A:I-1/Industrial District,
Chapter 20G Old Meridian District,Chapter 21: Special Uses&Special Exceptions, Chapter 23B:US Highway 31 Corndor Overlay
Zone, Chapter 23C: US Highway 421 —Michigan Road Corridor Overlay Zone,Chapter 23F: Carmel Drive—Range Line Road
Overlay Zone,Chapter 24: Development Plan and Architectural Design,Exterior Lighting, Landscaping&Signage Regulations,
Chapter 25: Additional Use Regulations,Chapter 26: Additional Height, Yard,Lot Area and Buffering Regulations,Chapter 31:
General Provisions and Appendix A: Schedule of Uses.
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the amendments to the petition (Docket No. 12010005
OA) to Amend a variety of Subdivision Control and Zoning Ordinance Chapters, known as Patch Ordinance IX.
The Carmel Plan Commission DISAPPROVES the amendments.
At its regular meeting on September 18, 2012 the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0)
Abstaining, to forward to the Common Council Ordinance Z-558-12 As Amended with a Disapproval of the
amendments,due to the following reasons:
• Pursuant to Indiana Code 36-7-4-702(c), the Plan Commission has the discretion to grant waivers from the
standards fixed in the Subdivision Control Ordinance without limit; and,pursuant to Indiana Code 36-7-4-201(a),
Indiana's Home Rule Law does not authorize the Common Council to alter state law in this regard(SCO, 3.07:
Waivers)
• In some cases Commitments are agreed upon at the meeting, so it could be problematic to delay a vote for the
next meeting. Instead, subsequent approvals would be withheld, and the approval ultimately revoked in 90 days
(ZO, 31.06.05: Rules Governing Commitments)
Please be advised that by virtue of the Commission's Disapproval, pursuant to IC 36-7-4-607(e)(4)(B), the Council has
forty-five (45) days to confirm its vote on Z-558-12 As Amended. If the Council fails to act, then Ordinance Z-558-12
becomes effective as originally Certified by the Commission on May 24, 2012. Forty-five days from the date of this
Certification (October 2, 2012)is Friday,November 16,2012.
CARMEL PLAN CO► MISSION
BY tj 4
.y D r' an,President
AT ' ST:
LAZIZiaEtffi L 1 :E d Z- #30 1101
Ra ona Hancock, Secretary
Carmel Plan Commission
Dated: October 2, 2012
2012-1002;Z-558-12,As Amended;PC ReCertification.docx