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Home My WebLink AboutOrdinance - DraftDRAFT 1/6/2005 Sponsor(s): Councilor Mark Rattermann ORDINANCE NO. Z-4##-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance regulating S-1/ResidenceDistrict lot area and Planned Unit Development District locations in the Carmel Zoning Ordinance and establishing an S-I/Residence base density for a R OSO subdivision in the Carmel Subdivision Control Ordinance. WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances must 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, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by maintaining °rdinanCes that d6s°; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-701 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 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference 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 fav°rab egati o recommendation from the Carmel Advisory Plan Commission on Tuesday'~ MO~TH.DA~ 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' a. Amend Zoning Ordinance Section 5.04.02: Minimum Lot Area to read as follows: 5.04.02 Minimum Lot Area: A. Lots without service by a community water system and a community sanitary sewer system, 43,560 square feet. Ordinance No. Z-4##-05 1 DRAFT 1/6/2005 b, g. C. D. Lots with service from a community water system, and private septic system, 35,000 43,560 square feet. Lots with service from a community sanitary sewer system and private water system, ~< rmt~ 43,560 square feet. Lots with community water system and community sanitary sewer system ! 5,000 43,560 square feet. Amend Subdivision Control Ordinance Section 7.01' Subdivision Base Density to read as follows' 7.01 Subdivision Base Density. The base density permitted for new subdivisions is set forth below. The percentages in the following 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 ORDINANCE) S- 1 Residential Estate S-1 Very Low Intensity S- 1 Low Intensity STANDARD OPEN SPACE REQUIREMENT (SOSR) 15% 15% BASE DENSITY FOR QUALIFYING SUBDIVISION (Lots/Acre) 1.0 1.3 1.0 200/0 15% !.8 1.0 S-2 20% 2.4 R-1 20% 2.9 R-2 20% 3.9 R-3 25% 5.0 R-4 25% 8.0 R-5 25% 12.0 Co Amend Zoning Ordinance Section 31.06. 04: Proposals to Adopt or Amend Planned Unit Development District Ordinances to read as follows: 31.06.04 Proposals to Adopt or Amend Planned Unit Development District Ordinances. The following procedure applies to a proposal to adopt or amend a PUD District Ordinance: 1. Proposals for a PUD District Ordinance shall only be considered on property located boundaries of Carmel/Clay Township, Hamilton County, Indiana. 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 Ordinance No. Z-4##-05 2 DRAFT 1/6/2005 o o 10. 11. 12. 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 Commission's Rules of Procedure. 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; 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. Ordinance No. Z-4##-05 3 DRAFT 1/6/2005 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-4##-05 PASSED by the Common Council of the City of Cannel, Indiana this ~ day of ,2005, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby, District 2 Ronald E. Carter, 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 Ordinance No. Z-4##-05 4 DRAFT 1/6/2005 this Ordinance No. Z-4##-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-##-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 Ordinance No. Z-4##-05 5