HomeMy WebLinkAboutMemo to Council 2-11-05MEMORANDUM
TO:
Carmel City Council
FROM:
Adrienne Keeling
Department of Community Services
SUBJECT: Item forwarded by the Plan Commission for action by the City Council
DATE:
February 11, 2005
Please find information on the following item forwarded by the Plan Commission attached. This
item will appear on your February 21 st agenda.
Ordinance No. Z-472-05 (Docket No. 05010007 OA): Amendment, S-l/Residence
District
Petition to Amend Chapter 7.01 of the Subdivision Control Ordinance, regarding lot
area requirements and Chapter 31.06.04 of the Carmel Zoning Ordinance, regarding
Planned Unit Development District locations.
The purpose of this amendment is to adopt a consistent ROSO subdivision base
density in all S-1 areas. Currently the S-1 areas have differing base densities of 1.0,
1.3 or 1.8 units per acre depending on location (see enclosed map). This amendment
proposes all S-1 ROSO subdivisions have a 1.0 unit per acre base density. Also
included in this amendment is the allowance of PUDs west of Spring Mill Road.
PUDs were previously prohibited in this area.
The information on these items has been arranged in the following format: 1. Copy of the Ordinance
2. Current Density Map Illustration
Council Report 2005-0211
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ORDINANCE NO. Z-472-05
Sponsor(s): Councilor Rattermann
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance amending S-I/Residence base density for ROSO subdivisions in the Carmel
Subdivision Control Ordinance and amending Planned Unit Development District locations in
the Carmel Zoning Ordinance.
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13 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
14 lC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
15 must first approve by resolution a comprehensive plan for the geographic area over which it has
16 jurisdiction; and
17 WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
18 No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
19 Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
20 Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
21 the City of Carmel and Clay Township; and
22 WHEREAS, the Common Council finds that it is reasonable and necessary to promote
23 and accommodate the orderly growth and development of the City of Carmel and Clay Township
24 by adopting consistent density and open space requirements; and
25 WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
26 amend the text of the zoning ordinance; and
27 WHEREAS, pursuant to Indiana Code 36-7-4-701 the Common Council is authorized to
28 amend the text of the Subdivision Control Ordinance; and
29 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-
30 1600-02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference
31 into the Carmel 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 and IC 36-7-4-700 et seq. and after Docket No.
05010007 OA having received a favorable recommendation from the Carmel Advisory Plan
Commission on Tuesday, February 15, 2005, it hereby adopts this Ordinance to amend the
Carmel Zoning Ordinance (Ordinance No. Z-289, as amended) and the Carmel Subdivision
Control Ordinance (Ordinance No. Z-160), as amended, to read as follows:
Section I:
ae
Amend Subdivision Control Ordinance Section 7.01' Subdivision Base Density to
read as follows:
February 11, 2005
Ordinance No. Z-472-05
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7.01 Subd _iyision Base Den~itE.
The base densiW permitted for new subdivisions is set fo~h below. The percentages in the fbllowing table
refer to the percentage of a subdivision's gross site acreage which must be devoted to open space as defined
in this Chapter:
RESIDENCE
DISTRICT
(PER ZONING
S' 1 Residential Estate
S-1 Ve~ Low Intensity_.~
S-1 LqTM Intensity
S-2
R-1
R-2
R-3
R-4
R-5
STANDAR~
OPEN SPACE
REQUIREMENT
(SOSR)
15%
15%
20%
20%
,
20%
25%
25%
25%
BASE DENSITY
FOR QUALIFYING
SUBDIVISION
(Lots/Acre)
1.0
2.4
2.9
3.9
5.0
8.0
12.0
b~
Amend Zoning Ordinance Section 31.06. 04: Proposals to Adopt or Amend Planned Unit
Development Dis~ict Ordinances to read as follows:
31.06.04 Proposals to Adopt 9r Amendplanned Un_it Development Distric_t Ordinances.
The following procedure applies to a proposal to adopt or amend a PUD District Ordinance:
l. Proposals for a PUD District Ordinance shall only be considered on property located
the
2. The proposal must be initiated by a petition signed by property owners who own all of
the land to be included in the Planned Unit Development District.
3. The petitioners shall prepare the proposal so that it is consistent with the definition of a
PUD District Ordinance provided in Section 31.06.01 above.
4. The proposal may provide that any development requirements (other than permitted uses)
that are specified in the PUD District Ordinance may be modified by a hearing examiner
or committee designated by the Commission, after a public hearing held in accordance
with the Commission's Rules of Procedure. However, any decision of a hearing
examiner or committee which approves or denies any requested modification may be
appealed by the Director or any interested party to the Commission, also in accordance
with the Commi ssion's Rules of Procedure.
5. In considering the proposal, both the Commission and the Council shall pay reasonable
regard to:
i. the Comprehensive Plan;
ii. current conditions and the character of current structures and uses in each
district;
Ordinance No. Z-472-05
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FebruaD' 11, 2005
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iii. the most desirable use for which the land in each district is adapted;
iv. the conservation of property values throughout the City and the Township, and
v. responsible development and growth.
The Commission shall give notice and hold a public hearing on the proposal in
accordance with its Rules of Procedure.
Whenever the Commission deems it advisable in regard to the matters contained in
Subparagraph (3) or (4) above, the Commission may permit or require the owner of a
parcel of real property to make a Commitment subject to the rules prescribed for
Commitments by Section 31.06.05. By permitting or requiring a Commitment, the
Commission does not become obligated to recommend or not recommend the adoption of
the proposal.
Within ten (10) business days after the Commission determines its recommendation (if
any), the Commission shall certify the proposal to the Council with a favorable
recommendation, an unfavorable recommendation, or no recommendation from the
Commission.
The Council shall vote on the proposal within ninety (90) days after the Commission
certifies the proposal. The Council's consideration of the proposal is governed by IC 36-
7-4-608 and IC 36-7-4-1512.
During the time when the proposal is being considered by the Council, the owner of a
parcel of land may make a new Commitment or modify the terms of a Commitment made
when the proposal was before the Commission. No further action of the Commission is
required for a new Commitment to be effective. If a Commitment made when the
proposal was before the Commission is modified and the effect of the modification is to
make the Commitment more stringent, no further action of the Commission is required
for the modified Commitment to be effective; however, if the effect of such a
modification is to make the Commitment less stringent, then the modified Commitment
must be ratified by the Commission to be effective. A Commitment made or modified
under this provision is subject to the rules prescribed for Commitments by Section
31.06.05.
If the proposal is adopted, the Commission shall update the zone maps that it keeps
available with the Zoning Ordinance and the City's Code of Ordinances to reflect the
designation of the parcel as a Planned Unit Development District.
Unless the proposal provides for a later effective date, the PUD District Ordinance takes
effect when the proposal is duly adopted.
Section II: 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.
February 1 I, 2005
Ordinance No. Z-472-05
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Ordinance No. Z-472-05 PASSED by the Common Council of the City of Carmel,
Indiana this__ day of ,2005, by a vote of ayes and
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Ronald E. Carter, At-Large
Kevin Kirby, President Pro Tempore
Brian Mayo, District 3
Fred Glaser, District 5
Mark Rattermann, At-Large
Joe Griffiths, District 4
Rick Sharp, District 1
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
February 11, 2005
Ordinance No. Z-472-05
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this
Ordinance No. Z-472-05 Presented by me to the Mayor of the City of Carmel, Indiana
~ day of ,2005, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-472-05 Approved by me, Mayor of the City of Carmel, Indiana, this
day of ,2005, at .M.
James Brainard, Mayor
ATTEST'
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
John R. Molitor
Carmel Plan Commission Attorney
One Civic Square
Carmel, IN 46032
February 11, 2005
Ordinance No. Z-472-05
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