HomeMy WebLinkAboutPacket 12-06-04 City Council
MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Items forwarded by the Plan Commission for action by the City Council
DATE: November 15,2004
Please find infonnation 011 the following items forwarded by the Plan Commission attached.
These items will appear on your December 6th agenda.
F01W::1rnen with favnrahlp. re~ommenc1::1tion.
'"
Ordinance No. Z-460-04 (Docket No. 04080064 OA) Board of Zoning Appeals and Plan
Commission Petitions; Ordinance Amendment
Petition to Amend Sections 21.02.05,30.05.04, and 31.06.06 of the Carmel Zoning Ordinance
for the pllrpose of arne11ding the requirements for denied Plan Commission and Board of
Zoning Appeals petitions.
Ordinance No. Z-461-04 (Docket No. 04070029 OA) Temporary Use Regulations and
Resubdivision; Ordinance Amendment
Petition to Amend Chapters 3, 25, 25.07, and Appendix A of the Carmel Zoning Ordinance
and to Adopt Section 5.8: Resubdivision to the Carmel Subdivision Control Ordinance.
F01W~rnec1 with nn recommenc1~tion.
Ordinance No. Z-463-04 (Docket No. 04080048 Z) Carmel Drive - Range Line Road
Overlay Rezone
Petition to rezone l'nultiple parcels into the Car111el Drive - Range Line Road Overlay Zone.
The parcels are located along portions of Cannel Drive and Range Line Road.
The information on these items has been arranged in the followLllg fonnat:
1. Copy of the Ordinance, supporting information
2. Copy of Plan Commission Certification
Council Report 2004-1115
'It"
1 Sponsor(s): Councilor Rattermann
2
3 ORDINANCE NO. Z-460-04
4
5
6 AN ORDINANCE OF THE COMMON COUNCIL OF THE
7 CITY OF CARMEL, INDIANA
8
9 An Ordinance regulating denied petitions in the Carmel Zoning Ordinance.
10
11 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
12 IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
13 must first approve by resolution a comprehensive plan for the geographic area over which it has
14 jurisdiction; and
15 WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
16 No. .16-9() CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
17 Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
18 Common Council on September 2.4, 1996, and is therefore the official Comprehensive Plan of
19 tIle City of Carmel and Clay Township; and
20 WHEREAS, the Common Council finds that it is reasonable and necessary to promote
21 and accommodate the orderly growth and development of the City of Carmel and Clay Township
22 by amending the process by which properties that are the subject of a denied petition may be
23 reconsidered; and
24 WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
25 amend the text of the zoning ordinance; and
26 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-
27 1600-02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference
28 into the Cannel City Code;
29 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
30 Carmel, Indiana, that, pursuant to IC 36-7-4-600 and IC 36-7-4-700 et seq. and after Docket No.
31 040800640A having receive4 a favorable recommendation from the Carmel Advisory Plan
32 Commission on Tuesday, October 19, 2004, it hereby adopts this Ordinance to amend the
33 Carmel Zoning Ordinance (Ordinance No. Z-289, as amended) to read as follows:
34
35
Ordinance No. 2-460-04
1
1 Section I:
2
3 a. Amend 21.02.05 of the Zoning Ordinance as follows:
4 21.02.05Approval or Denial of the Special Use or Special Exception Application by the Board. Upon
5 approval of the Special Use or Special Exception, the Board shall inform the Director that he may
6 issue Improvement-Location Permits for the Special'Use or Special Exception and inform the
7 applicant of the time limits set forth in Section 21.02:07. The Board shall inform the applicant that
8 he may apply to the. Director for Improvement Location Permits for the Special Use or Special
9 Exception, if necessary, or may commence the Special Use or Special Exception if no permits are
10
11
12 period of six (6) months. Failure of the Director to inform the applicant of the time limits set forth
13 in Section 2L.02.07 shall not relieve the applicant of complying with said Section. If tho petition is
14 denied by the Board, the Board shall provide the applicant with a copy of said reasons, if
15 requested:
16
17 A Special Use or Special Exception application that is denied by the Board is ineligible to be
18 placed again on the Board's agenda for consideration until' the legality of the Board's decision is
19 finally determined by a court, pursuant to judicial review according to the Advisory Planning Law,
20 or for a period of twelve (12) months following- the -date of the denial, whichever is later. In
21 addition, whenever .a Special Use or Special Exception application is denied, the property involved
22 in the application may not he the subject of a different Special Use or Special Exception
23 application, or any variance application or rezone proposal, for a period of six (6) months
24 following the date of the denial,
25
26 b. Amend 30.05.04 of the Zoning Ordinance as follows:
27 30.05.04Approval or Denial of the Application by the Board. Following the public hearing on the variance
28 application, the Board shall approve or deny the application. The Board, upon approval of a
29 variance application, may at its discretion determine the length of time the variance shall run. The
30 variance may be permanent or it may be set for a reasonable period
31 (24) months) subject to renewal upon expiration. The Board shall set forth in its records the
32 o variance application and shall,provido the applicant with a
33 copy of said roasons, if requested. The Board shall notify the Director and the applicant of its
34 decision on the variance application, including all conditions contained as a part thereof. The
35 Director shall notify the applicant of the time limits set forth in Section 30.05.05. All further
36 actions taken by the applicant or the Director concerning the situation for which the variance is
37 filed, including the issuance of an Improvement Location Permit, shall be subject to said ruling of
38 the Board. After denial of a variance application, a special use application, zoning amendment or
39 variance application concerning the same property shall not be filed for a period of six (6) months.
40 Failure of the Director to inform the applicant of the time limits set forth in Section 30.05.05 shall
41 not relieve the applicant of complying with said Section.
42
43 A variance application that is denied by the Board is ineligible to be placed again on the Board's
44 agenda for consideration until the legality of the Board's_decision is finally determined by a court,
45 pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12)
46 months followin• the date of the denial whichever is later. In additio whenever a variance
47 application is denied, the property involved in the application may not be the subject of a different
48 variance application, or any Special Use or Special Exception application or rezone proposal, for a
49 period of six (6) months'following the date of the denial.
50
Ordinance No. Z- 460 -04
2
vt'
~t
1
c.
Amend 3 31.06.06 of the Zoning Ordinance as follows:
2 31.06.06Rules GoveminQ Reconsideration. ~\t its next meeting follo'.ving the receipt of the Commission
3 report, the City CO\ineil shall take action on the Commission report. If the Commission
4 recommendation is positi"le, the City Council may apprO""le the proposed amendment to the Zoning
5 Ordinance if ~n affumativ6 yote of at least a simple majority of the members of the City COW1cil is
6 obtained. If the COmmiSSiOB recommendation is' Ilegati",e, the City' Council may approve the
7 proposed amendment to the Zoning Ordinance if an affnmati""/e vote of at least seventy fiye per
8 cent (75~~) ofilie members of the City Council is obtained. Failure of the City Council to pass the
9 proposed amendment to the Zoning Ordinance by the necessary affmnati""/e vote \vithin ninety
10 (90) days after a negati....pe recormnendation is made by the Commission shall constitute rejection
11 of the proposed amendment. Should the City Council reject the proposed amendment to the
12 Zoning Ordinance, by 'late or by default, said proposed amendment shall not be reconsidered by
13 the Commission or the City Council until the expiration of one (1) year after the original
14 recommendation of the Commission. The Commission mav adont a rule to limit further
15 consideration. ,for un to one (1), vear after its defeat of anv nronosal that is defeated under the
16 Advisorv Plannin{! Law. The Co1111'tlission may also adont a rule to limit consideration. for un to
1 7 six (6) months after the withdrawal or defeat of any nronosal. of anv other nronosal involvin{! the
18 same nronertv that was the subiect of the withdrawn or defeated nronosal.
19
20 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
21 Ordinance are hereby repealed.
22
23
24 Section III: This Ordinance shall be in full force and effect from and after its passage and
25 signing by the Mayor.
26
27
Ordinance No. Z-460-04
3
1
2 Ordinance No. Z-460-04 Presented by me to the Mayor of the City of Cannel, Indiana
3 this _ day of , 2004, at .M.
4
5
6
7 Diana L. Cordray, IAMC, Clerk-Treasurer
8
9
10 Ordinance No. Z-460-04 Approved by me, Mayor of the City of Carmel, Indiana, this
11 _ day of , 2004, at .M.
12
13
14
15 James Brainard, Mayor
16
17
18 ATTEST:
19
20
21
22 Diana L. Cordray, lAMC, Clerk-Treasurer
23
24
25
26
27
28
29
30 Prepared by: John R. Molitor
31 Carmel Plan Commission Attorney
32 One Civic Square
33 Cannel, IN 46032
34
Ordinance No. Z-460-04
5