HomeMy WebLinkAboutMemo to City Council 4-8-05MEMORANDUM
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' April 8, 2005
Please find information on the following items forwarded by the Plan Commission attached.
These items will appear on your April 18th agenda.
Forwarded with favorable recommendations:
Ordinance No. Z-473-05 (Docket No. 05010022 OA): Amendment, 116th Street Overlay
Petition to create Chapter 23G: ! 16tn Street Overlay Zone of the Carmel Zoning Ordinance.
The purpose of this amendment is to establish text and development standards for the
116thStreet Overlay Zone. The proposed overlay seeks to protect the estate character
of lots along west 116th Street by, among other things, setting a minimum lot size
requirement of three (3) acres for new parcels. Parcels within platted subdivisions and
parcels within the P-1/Parks districts will be exempt. Also exempt are portions of
parcels located further than 990 feet from the Centerline of 116th Street.
Ordinance No. Z-474-05 (Docket No. 05010023 Z): Rezone, 116th Street Overlay Rezone
h
Petition to rezone multiple parcels into the 1 ! 6t Street Overlay Zone. The parcels are located
along 116th Street between Spring Mill Road and the Boone County line.
The purpose of this amendment is to establish the boundary for the 116th Street
Overlay Zone on the official zoning map.
The information on these items has been arranged in the following format: 1. Copy of the Ordinance, supporting information
2. Copy of Plan Commission Certification
Council Report 2005-0408; Z-473,474
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ORDINANCE NO. Z-473-05
Sponsor(s): Councilor Sharp
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance adopting Chapter 23G: 116th Street Overlay Zone.
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
IC 36-7-4), each unit of local govemment 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 Cannel/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 establishing a district which protects the estate character of the properties along West 116th
Street; 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 36-7-4-610 and City of Carmel Ordinance No. D-
1600-02, the Carmel Zoning Ordinance is 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 et seq. and after Docket No. 05010022 OA
having received favorable recommendation from the Carmel Advisory Plan Commission on
Tuesday, March 15, 2005, it hereby adopts this Ordinance to amend the Carmel Zoning
Ordinance (Ordinance No. Z-289, as amended), to read as follows:
Section I:
a. Adopt Chapter 23G: 116th Street Overlay Zone to read as follows'
23G.00
West 116th Street Overlay Zone.
23G.00.01 Purpose, Intent and Authority. The purpose of this zone is to protect the estate character of
the area. This district is superimposed over the other primary zoning districts and its regulations
shall supersede those of the primary zoning districts over which it is superimposed. The Plan
Commission and Council, in establishing this zone, are relying on I.C. 36-7-4-100 et seq.
23G.00.02
A.
4/08/2005
Plan Commission Approval.
Development Plan (DP). Not required.
Ordinance No. Z-473-05
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g.
23G.00.99
A.
B.
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Not requiredi
Application Procedure.
Development Plan. Not required.
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Not required.
23G.01 District Boundaries.
The boundaries of the West 116th Street Overlay Zone are hereby established as shown on the Zoning Map.
23G.01.01 Parcels in the P-l/Parks District are exempt from the requirements of the Zone. :
23G.01.02 Parcels in subdivisions platted as of the date of this ordinance are exempt from the
requirements of the Zone.
23G.01.03 Portions of parcels extending beyond a depth of greater than or equal to 990 feet from the
center line of 116th Street are exempt from the requirements of the Zone.
2~G.02 Permitted Uses.
All Uses which are permitted in the underlying primary zoning district(s) are permitted in the Zone.
23G.03 Height and Area Requirements.
23G.03.01 Minimum Lot Area: No new lot may be created with an area less than three (3) acres.
23G.03.02 Parcels in the Zone may not be platted as prescribed in Chapter 7 of the Subdivision Control
Ordinance.
23G.04 Minimum Lot Standards.
23G.04.01 Minimum Front Yard: One hundred (100) feet.
23G. 05 Other Requirements.
All other requirements not mentioned in this Chapter shall remain as stated for that primary zoning
classification district mapped.
S~ction II: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
4/08/2005
Ordinance No. Z-473-05
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Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance No. Z-473-05 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
4/08/2005
Ordinance No. Z-473-05
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this
Ordinance No. Z-473-05 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-473-05 Approved by me, Mayor of the City of Carmel, Indiana, this
day of ,2005, at m.M.
James Brainard, Mayor
ATTEST:
Dtana L. Cordray, IAMC, Clerk-Treasurer
prepared by: John R. Molitor
Cannel Plan Commission Attorney
One Civic Square
Carmel, IN 46032
4/08/2005
Ordinance No. Z-473-05
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CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No., Z.~473-05,
An Ordinance to Add Chapter 23G: West 116th Street Overlay Zone.
To:
The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Advisory Plan Commission offers you the following report on the application to the
Commission (Docket No. 05010022 OA) to Add Chapter 23G: West 116th Street Overlay Zone to the
Carmel/Clay Zoning Ordinance, to allow parcels along West 116th Street to be preserved its rural
character.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on March 15, 2005, the .Commission voted nine (9) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-473-05 with a
Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4-
607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of the original Certification (March 16, 2005) is Tuesday,
June 14, 2005.
ATT]0ST:
R0~noha Hancock~ Secretary
Carmel Advisory Plan Commission
Dated: March 16, 2005
2005-0316; Z-473-05; Amendment 116th St Overlay Certification
CARMEL/CLAY PL?&N COMMISSION
il,,'' '~ ./ //" /'/¢/,i,"
BY: .}~ /~32 ..,; ~....'~-~.r..~..., ~ ../' ?'
EedDlerck~n, President ~;"~/~ .....
Received
Cannel
Ckrk. Treaxure~
SPONSOR: COUNCILOR SHARP
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ORDINANCE NO. Z-474-05
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, REZONING DISTRICT CLASSIFICATION
Establishing the 116th Street Overlay Zone Classification
WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted
a zoning ordinance, the terms of which are applicable to the geographic area consisting of the
incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township,
Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the
Carmel City Code; and
WHEREAS, pursuant to Indiana Code 36:7-4-602 the Common Council is authorized to
amend the map that is part of the zoning ordinance; and
WHEREAS, the Carmel Plan Commission has favorable recommendation regarding the
rezoning of the real property, the property description and location map of Exhibit A, and which
is illustrated in Exhibit B also attached hereto.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
Carmel, Indiana, as follows:
Section 1. That the Official Zoning Map accompanying and made part of the Zoning
Ordinance is hereby changed to designate the real property as being within the Carmel Drive-
Range Line Road Overlay Zone
Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance No. Z-474-05 PASSED by the Common Council of the City of
Carmel, Indiana this day of ,2005, by a vote of ayes and
nays.
Ordinance No. Z-474-05
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UOMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Ronald E. Carter, At-Large
Kevin Kirby, President Pro Tempore
Fred Glaser, District 5
joe Griffiths, District 4
Brian Mayo, District 3
Mark Rattermann, At-Large
Rick Sharp, District 1
ATTEST'
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-474-05
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Ordinance No. Z-474-05 Presented by me to the Mayor of the City of Carmel, Indiana this~
day of ,2005, at __.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-474-05 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:
Adrienne Keeling
Planning Administrator
Carmel City Hall
One Civic Square
Carmel, IN 46032
Ordinance No. Z-474-05
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EXHIBIT A
PROPERTY DESCRIPTION
Also known as Tax Parcel D numbers:
17-09-31-00-00-021.000
17-09-31-00-00-022.000
17-09-31-00-00-024.000
17-09-31-00-00-025.000
17-09-31-00-00-025.00 !
17-09-31-00-00-026.001
17-09-31-00-01-001.000
17-09-31-00-01-002.000
17-09-31-00-01-003.000
17-09-31-00-01-004.000
! 7-09-31-00-01-005.000
17-09-31-00-01-006.000
17-09-31-00-01-007.000
17-09-31-00-01-050.000
17-09-31-00-01-051.000
17-09-31-00-01-052.000
17-09-31-00-01-053.000
17-09-31-00-01-054.000
17-09-31-00-01-055.000
17-09-31-00-01-056.000
17-09-31-00-01-057.000
17-09-31-00-01-058.000
17-09-31-00-01-059.000
17-09-31-00-02-001.000
17-09-31-00-02-002.000
17-09-31-00-02-055.000
17-09-32-00-00-007.000
17-09-32-00-00-008.000
17-09-32-00-00-008.001
17-09-32-00-00-009.000
17-09-32-00-00-010.000
17-09-32-00-00-011.000
17-09-32-00-00-012.000
17-09-32-00-00-013.000
17-09-32-00-00-014.000
17-09-32-00-00-015.000
! 7-09-32-00-01-024.000
17-09-32-00-01-025.000
17-09-32-00-01-026.000
17-09-32-00-01-027.000
17-09-32-03-01-008.000
17-09-32-03-02-007.000
17-09-32-03-02-008.000
17-09-33-00-00-011.00 I
17-09-33-00-00-011.101
! 7-09-33-00-00-012.000
l 7 -09-33-00 -00 -021.000
17-09-33-00-00-021.001
17-09-33-00-00-022.000
17-09-33-00-00-022.001
17-09-33-00-00-022.001
17-09-33-00-00-022.101
17-09-33-00-00-022.201
17-09-34-00-00-019.000
17-09-34-00-00-020.000
17-09-34-00-00-021.000
17-09-34-00-00-022.000
17-09-34-00-00-023.001
17-09-34-00-00-023.002
17-09-34-00-00-024.000
17-09-34-00-00-025.000
17-09-34-00-00-026.000
17-09-34-00-00-029.000
17-09-34-00-00-029.001
17-09-34-00-00-030.00 I
17-09-34-00-00-032.001
17-09-34-00-00-032.004
17-09-34-00-00-032.104
17-09-34-04-01-007.000
17-09-34-04-01-008.000
I7-13-03-00-00-003.000
17-13-03-00-00-004.000
17-13-03-00-00-005.000
17-13-03-00-00-006.000
17- ! 3 -03 -00 -00 -006.002
! 7-13-03-00-00-007.000
17-13-03-00-00-008.001
17-13 -03 -00-00-028.001
17-13-03-00-00-028.003
17-13-03-00-00-028.004
17-13-03-00-00-028.102
17-13-03-00-00-028.103
7-13-04-00-00-002.000
7-13-04-00-00-038.000
7-13-04-00-00-039.000
7-13 -04-00-00-040.000
7-13-04-00-00-041.000
7-13-04-00-00-042.000
7-13-04-00-00-043.000
7-13-04-00-00-044.000
7-13-04-00-00-046.000
7-13-04-00-00-046.001
7-13-04-00-00-047.000
7-13-04-00-00-048.000
7-13-04-00-00-050.000
7-13-04-00-02-012.000
7-13-04-00-02-013.000
7-13-04-00-02-018.000
7-13-04-00-02-020.000
7-13-04-00-02-021.000
7 - 13 -04-00 -02 -023.0 O0
7-13-04-00-02-024.000
7-13-04-00-02-025.000
7-13-05-00-00-001.003
7-13-05-00-00-001.201
7-13-05-00-00-003.000
7-13-05-00-00-003.002
7-13-05-00-00-004.000
7-13-05-00-00-005.000
7-13-05-00-00-005.001
7-13-05-00-00-006.000
7-13-05-00-00-007.000
7-13-05-00-00-008.000
7-13-05-00-00-009.000
7-13-05-00-06-019.000
7-13-06-00-00-001.000
7-13-06-00-00-002.000
7-13-06-00-00-003.000
7-13-06-00-00-004.000
7-13-06-00-00-005.000
7-13-06-00-00-006.000
7-13-06-00-00-007.000
7-13-06-00-00-008.000
17-13-06-00-00-010.01 )0
17-13-06-00-00-011
17-13-06-00-00-011.0t)I
17-13-06-00-00-011.01 )2
17-13-06-00-00-012.0~ )0
17-13-06-00-00-013.0~0
17-13-06-00-00-0 ! 4.000
17-13-06-00-00-015.000
17-13-06-00-00-016.000
Ordinance No. Z-474-05
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Shelborne Road
Towne Road
Ditch Road
Spring Mill Road
Boone County Line
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO REZONE PROPERTIES GENERALLY LOCATED ALONG WEST 116TM STREET,
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-474-05
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 application (Docket No.
05010023 Z) of Thc City of CarmeI- Department of Community Services petitioning the Commission for a
favorable recommendation to rezone application (Carmel/Clay Plan Commission Docket No.05010023 Z) of
the City of Carmel Department of Community Services to establish the West 116th Street Overlay District, to
rezone properties along West 116th Street, comprising of 132 parcels, from thc S-I/Residence and R-
2/Residence District Classifications to the S-l/Residence - West 116th Street Corridor Overlay Zone and R-
2/Residence- West 116th Street Corridor Overlay Zone Classifications. The property is located generally
between Spring Mill Rd to the east and the Boone/Hamilton County Line to the west; within Clay Township,
Hamilton County, Indiana.
The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is
"Favorable."
At its regularly scheduled meeting on Tuesday, March 15, 2005, the Carmel Plan Commission voted nine (9)
in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance
No. Z-474-05 with a Favorable vote.
Please be advised that by virtue of the Plan Commission's No Recommendation, pursuant to IC 36-7-4-
608(f)(4), the Council has ninety (90) days to act on this petition before it becomes defeated as Certified by
the Commission. Ninety days from the date of this Certification (March 16, 2005) is Tuesday, June 14,
2005.
ATTESt:
Ram~i~t~c-o~k, Secretary
Card, el Plan Commission
Dated: March 16, 2005
2005-0316; Z-474-05; West 116th St Overlay Rezone Certification
CARMEL P,~AN COMMIS~SION
.?/'"7 t/
.~, ,;;~' , , / ...,'
/'
mer ff an, President ,/ /"' ,
Received
1 6 2OO5
Clerk. Treasurer