HomeMy WebLinkAboutZ-601-15 Removing the Sunset Provision of the Carmel Dr-Rangeline Rd Overlay Sponsor: Councilor Rider
ORDINANCE Z-601-15
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance removing the sunset provision of the Carmel Drive—Range Line Road
Overlay Zone in the Carmel Zoning 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 Cannel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
duly approved by Resolution No. CC-05-04-09-02 of the Common Council on May 4, 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
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 Cannel Ordinance No. D-1600-02,
the Cannel Zoning and Subdivision Control Ordinances are incorporated by reference into the Cannel City
Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel,
Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 15010004 OA having received a
favorable recommendation from the Cannel Advisory Plan Commission on Tuesday, February 17, 2015, it
hereby adopts this Ordinance to amend the Cannel Zoning Ordinance (Ordinance No. Z-289, as amended),
to read as follows:
Section I:
ZO CHAPTER 23F: CARMEL DRIVE—RANGE LINE ROAD OVERLAY ZONE
a. Amend Chapter 23F: Carmel Drive—Range Line Road Overlay Zone as follows:
23F.00 Cannel Drive—Range Line Road Overlay Zone.
23F.00.01 Purpose, Intent and Authority. The purpose of this overlay zone is to protect and enhance the health,
safety and welfare of the citizens and property owners of Cannel by allowing for the establishment of
an uptown business district that will support a range of activities and opportunities to all segments of
the community; with mixed-uses in multi-story buildings; is pedestrian oriented and supportive of
multiple modes of transportation; with buildings and a streetscape which are attractive and safely
designed in order to enhance the livability of the city.
It is the City's intent to achieve the purpose of this zone by:.
• Providing a consistent urban design treatment for private and public properties in central Carmel;
• Providing additional opportunities for investment and reinvestment in real estate by encouraging
higher intensity of development;
• Minimize community infrastructure costs thru the more efficient use of land;
• Providing controls for architecture and landscape design to establish continuity of design between
projects and to improve the physical relationship between new buildings and overall community.
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Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the
ongoing redevelopment of Cannel City Center, and Old Town,and the Arts &Design District, acting
as a transition regulation until a specific plan for Carmel's central business district(CBD) is adopted,
and which plan will serve as the basis for CBD Zone regulations.
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. In establishing this zone,the Plan
Commission and Council relies on I.C. 36-7-4-1400 et seq.
23F.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A):Development Plan.
B. Architectural Design,Exterior Lighting,Landscaping and Signage(ADLS). See Section
24.99(B):Architectural Design,Exterior Lighting,Landscaping and Signage(ADLS).
23F.01 District Boundaries. The boundaries of the Cannel Drive - Range Line Road Corridor Overlay Zone (the Zone) are
hereby established as approved on the Zoning Map.
23F.01.01 Parcels in the C-1/City Center and C-2/Old Town Districts shall be exempt from the requirements of
the Zone.
23F.02 Plan Commission Approval.
23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan
(DP) and Architectural Design, Exterior Lighting,.Landscaping and Signage (ADLS) for any tract of
land in the Cannel Drive—Range Line Road Corridor Overlay Zone as required in Sections 23F.02.02
and 23F.02.03.
23F.02.02 Development Plan. A public hearing shall be held by the Commission before it decides whether to
approve or disapprove a DP. A DP shall be required for additions to existing structures which exceed
the following:
A. Fifty percent(50%)of the original gross floor area of the existing structure,applicable from
the date of this ordinance.
23F.02.03 Architectural Design,Exterior Lighting,Landscaping and Signage. The Commission shall review and
approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and
Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the
provisions set forth in Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall
be necessary prior to:
A. The establishment of any use of land;
B. The issuance of any Improvement Location Permit, except maintenance and/or repairs
consistent with previously approved ADLS.In cases where properties were developed prior to
ADLS requirement, maintenance and/or repairs shall be consistent with the previously
approved Improvement Location Permit;
C. Any change in site improvements which are not consistent with previously approved ADLS.
In cases where properties were developed prior to ADLS requirement, changes in site
improvements shall be consistent with.the previously approved Improvement Location
Permit.
D. Any changes in signage only please refer to Chapter 24 DP/ADLS:24.99.B.6.
23F.02.04 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional
and quantitative standards of this Chapter,by not greater than thirty-five percent(35%). Any approval to
permit such a waiver shall be subject to the following criteria:
A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and
neighborhoods.
B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or
detract from the appearance of the Development Plan or the District, and shall not adversely affect
emergency vehicle access.
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•
C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to:
Increased landscape treatment,tree preservation,provisions for bicycle and pedestrian traffic.
In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the
purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to
petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this
Zoning Ordinance.
23F.03 Permitted Uses. See Appendix A—Schedule of Uses.
23F.03.01 All Uses which are permitted in the underlying primary zoning district(s),except those uses expressly
prohibited by Section 23F.04,are permitted in the Zone.
23F.03.02 In addition to those uses which are permitted in the underlying primary zoning district(s), residential
uses are permitted in the Zone.
23F.04 Special Uses;Prohibited Uses. See Appendix A—Schedule of Uses.
23F.04.01 Special Uses.
All Special Uses which are permitted(upon obtaining a Special Use approval from the Board) in the
underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A:
Schedule of Uses,are permitted in the Overlay Zone upon the approval of the Board. In addition,any
Use existing at the time of the passage of this Chapter which does not conform to Section 23F.03:
Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying
zoning district(s), shall be deemed to be and shall be a Special Use under this Chapter. Such Uses
shall not be considered legal nonconforming uses nor require Special Use approval for continuance but
shall require Special Use approval for any alteration,enlargement or extension.
23F.04.02 Prohibited Uses.
A. Automobile,Truck,Boat,Mobile Home,Manufactured Housing or RV Sales.
B. Sexually Oriented Businesses
C. All Industrial Uses in Appendix A
D. Drive-through facilities on parcels located adjacent to and abutting R-1,R-2 or R-3/Residence
Districts,or a single-or two-family residence.
23F.04.03 Restoration after Destruction of Building.
Nothing in this Chapter shall prevent the restoration of a building or structure destroyed one hundred
percent (100%) or less of its square footage at the time of such destruction by explosion, fire, flood,
earthquake,windstorm,act of God,riot or act of a public enemy,subsequent to the passage of this Chapter;
or shall prevent the continuance of the use,except an illegal nonconforming use,of such building,structure
or part thereof, as such use existed at the time of such impairment of such building, structure or part
thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location
Permit, with the fees waived for the restoration of a building or structure destroyed one hundred percent
(100%)or less and restored according to its state of existence prior to destruction. All restorations resulting
in a divergence from original plans shall be subject to obtaining an Improvement Location Permit and
payment of fees and comply with Sections 23F.09 and 23F.10.
23F.05 Building Setbacks.
23F.05.01 Build-to Line.
A. Minimum: Zero(0)feet,subject to recorded utility easement(s).
B. Maximum: Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C
below.
C. Up to seventy-percent (70%) of the front façade may be recessed for entrances and outdoor
seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor
seating area shall be recessed more than twenty(20)feet,subject to Commission approval.
23F.05.02 Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other
permanent improvement shall encroach into required landscape planting or Perimeter Bufferyard areas.
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23F.05.03 Conflicting Requirements. Wherever there exists a conflict between the building setback requirements
of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Cannel Drive — Range
Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall
govern.
23F.06 Building Orientation.
23F.06.01 Every parcel with frontage on Cannel Drive and/or Range Line Road must have a building that fronts on
those streets.
23F.06.02 Except for those lots with 120 feet or less of frontage on a public street,Every parcel with frontage on
Cannel Drive and/or Range Line Road must have a building that occupies a minimum of 70% of that
frontage. Exceptions include:
A. Buildings on lots with 120 feet or less of frontage provided they occupy the maximum amount of
frontage,except for driveways,sidewalks and landscape areas,as required by the Ordinance.
B. Frontages along public streets other than Cannel Drive or Range Line Road have no minimum
frontage requirement.
23F.06.03 Additional buildings may be built in the rear of the property.
23F.06.04 All Principal Buildings shall face a public street,with a primary entrance from a public street.
23F.06.05 The primary entrance must be readily apparent as a prominent architectural feature and visible from the
street.
23F.07 Building Height. See also Figure 1.
23F.07.01 If located on Cannel Drive or on Range Line Road south of Executive Drive:
A. Minimum Height: Seventeen(17)feet.
B. Maximum Height:Fifty-five(55)feet,or five(5)stories,whichever is greater.
23F.07.02 If located on the east side of Range Line Road between Executive Drive and 8th Street NE, excluding
within the Old Town District Overlay Zone:
properties Y
A. Minimum Height: Seventeen(17)feet.
B. Maximum Height:Two(2)stories,or twenty six(26)feet to the top of the highest Story.
23F.07.03 If located on the west side of Range Line Road between Executive Drive and 8th Street NW,excluding
properties within the Old Town District Overlay Zone:
A. Minimum Height:Twenty six(26)feet and two(2)occupiable floors.
B. Maximum Height:Fifty-five(55)feet,or five(5)stories,whichever is greater.
23F.07.04 If located north of 8h Street:
A. Minimum Height:Twenty six(26)feet and two(2)occupiable floors.
B. Maximum Height:Fifty-five(55)feet,or five(5)stories,whichever is greater.
23F.07.05 If the Principal Building has at least two floors of occupiable space, the second and higher floor(s)
must be at least fifty percent(50%)the size of the building footprint and must be oriented to the front
of the building such that its front line is equal to that of the first floor.
23F.07.06 Maximum Height shall be reduced to two (2) stories, or twenty six (26) feet to the top of the highest
Story, for Principal Buildings located adjacent to and abutting R-1,R-2 or R-3/Residence Districts, or
a single-or two-family residence.
23F.08 Building Footprint.
23F.08.01 Maximum:40,000 square feet.
23F.09 Construction Materials.
23F.09.01 Principal Buildings must be faced on front and sides with brick, stone, stucco or similarly detailed
precast concrete and trimmed in metal,stone,precast concrete,wood,stucco,or brick.
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23F.09.02 Rear building facade materials may vary, however, its material colors and composition must be
coordinated with the front and side facades.
23F.10 Architectural Design. To provide articulated detail and ornament that is scaled to the pedestrian,buildings in the Zone
must include the following characteristics:
23F.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the
transparent glass as a significant component.
23F.10.02 A distinct cornice line at the top of flat roofed buildings and intermediate horizontal elements, such as
a trim at the top of the ground floor are optional.
23F.10.03 The facade shall be provided relief by windows and surrounds,storefronts,doors,and features such as
special brick coursing,pilasters and lintels.
23F.10.04 The first floor and all other floors will have a coordinated composition,which will usually be indicated
by the alignment of upper floor windows and other features with openings and features of the first
floor.
23F.10.05 When applicable,retail storefronts shall be oriented along the public street front of the first floor of the
building,except for pedestrian entrances to parking areas or small entrance lobbies for upper floors.
23F.10.06 Every face of the building with frontage on a public street must have openings for windows.
23F.10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and
glass curtain wall.
23F.10.08 Fixed or retractable awnings are permitted if they complement a building's architectural style,material,
colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or
decorative details); do not impair facade composition; and are designed as an integral part of the
facade.
23F.10.09 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using
parapets,penthouse screens or other similar method and which are integrated into the overall building
design and approved by the Commission.
23F.11 Landscaping Requirements. See Chapter 33: Commercial Development Landscape Ordinance.
23F.12 Lighting.
23F.12.01 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and
spaced no less than one hundred(100)feet apart,and of a design per the adopted City style.
23F.12.02 Exterior lighting of the building or site shall be designed so that light is not directed off the site and the
light source is shielded from direct offsite viewing. For any use abutting single-family residential uses,
illumination levels shall not exceed 0.5 foot candles at the property line.
23F.12.03 Exterior lighting shall be architecturally integrated with the building style,material and color. Rooftop
lighting shall be prohibited.
23F.12.04 All exterior architectural,display, decorative and sign lighting shall be generated from concealed, low
level fixtures.
23F.12.05 The maximum height of light standards in parking areas shall not exceed twenty-five(25)feet. When
light standards abut or fall within ninety (90) feet of single family residential, their height shall not
exceed fifteen(15)feet.
23F.13 Signage. Signage,where allowed,shall abide by Zoning Ordinance Chapter 25.07:Sign Ordinance.
23F.14 Pedestrian Circulation.
23F.14.01 Sidewalks along public streets shall be a minimum of twelve(12)feet in width.
23F.14.02 When parking is located behind the Principal Building,walkways shall be provided on at least one side
of the building and shall provide access between rear parking areas and Principal building entrances or
the street. Unless otherwise noted in this ordinance,the minimum width for walkways shall be six(6)
feet.
23F.14.03 Neither sidewalks nor walkways shall be used by automotive traffic.
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23F.14.04 Pedestrian access shall be coordinated with and provided to adjoining properties.
23F.15 Parking. See also Chapter 27:Additional Parking and Loading Regulations.
23F.15.01 The amount of parking spaces required shall be determined by Sections 27.01 and 27.08; however,
square footage on the second and higher floors will not be included in the parking calculation.
23F.15.02 Parking areas shall be setback not less than six(6)feet behind the Front Line of Building.
23F.15.03 Parking areas shall be located at the rear or side of buildings, and screened consistent with the
standards of Bufferyard Type `A',as described in Section 33.05.
23F.15.04 Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and
coordinated to accommodate pedestrian access.
23F.15.05 Paths within parking lots of more than three rows shall be designated to accommodate pedestrians
safely from parking areas to sidewalks, walkways and/or building(s). Such paths may consist of
striping.
23F.16 Product,Material&Refuse Storage.
23F.16.01 Material or product storage shall occur within the Principal building or an Accessory building.
23F.16.02 Any Accessory Building for storage shall:
A. Be architecturally compatible with the Principal building and integrated into the overall site
layout.
B. Be approved by the Commission.
23F.16.03 Any Accessory Building for storage or disposal of refuse shall:
A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking
refuse.
B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading.
C. Be architecturally compatible with the Principal building and integrated into the overall site
layout.
D. Be approved by the Commission.
23F.17 Other Requirements.
All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district
mapped.
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Figure 1 :
Building Height Diagram
Revised:April 2014
•e 2-5 Stories
,,�e�
Smokey Row Rd 8th Street/136th Street
o Old Town District
cc Overlay Zone
L (Exempt)
J
Q1
n Street
s
2-5 Stories 1 -2 Stories
City Ce i - Drive
Executive Dr
Carmel Drive'
1 -5 Stories
116th Street
N
not to scale
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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.
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ADOPTED by the Common Council of the City of Carmel, Indiana this (00. day of
IrIC- IMON 2015,by a vote of lc• ayes and 0 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
7/c "1
---- 4L
Presidi Officer Kevin D. Rider
Richar(e...
Sharp, President Pro Tempore Carol Schleif
Pf P —.
Ronald E. Carter W. Eric Sei nstic I/
ker
ill
S i iam uc - der 0
ATTEST: ._
Aa:k at i I* '
Diana L. Cordray, IAMC, Clerk-Trea/er
Presented by me to the Mayor of the City of Carmel, Indiana this 3�'�da of
Y Y Y � day
Y•Th 0.1-t.c..t*•-- 2015, at gO:act A-.M.
itag(-,tif&)
Diana L. Cordray, IAMC, Clerk-Treas
4-r
Approved by me, Mayor of the City of Carmel, Indiana,this - day of
I'lro"..CiK 2015, at 10,o6 fr.M.
t Ai
J es Brainard, Mayor
ATTEST:
kik.)/f) 6-)-(44.)
Diana L. Cordray, IAMC, Clerk-Treasur r
Prepared by:
Adrienne Keeling,Planning Administrator,One Civic Square,Carmel,IN 46032
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CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-601-15
Carmel Drive—Range Line Road Overlay Amendment 2015
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. 15010004 OA— Carmel Drive—Range Line Road Overlay Amendment 2015) to
modify development standards and remove the sunset clause.
The Cannel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of February 17, 2015, the Cannel Plan Commission
voted Nine (9) in Favor, Zero (0) Opposed, Two (2) Absent, to forward to the Common
Council the proposed Ordinance No. Z-601-15 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-607(e), 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 Certification is Tuesday May 19, 2015.
CARMEL PLAN COMMISSION
BY: SUS VL - LU OL Lt_ �--F ( Lvve
Steven R. Stromquist, President
ATTEST:
Lisa Motz, Secretary
Cannel Plan Commission
Dated: February 18, 2015 -"
CO
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