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HomeMy WebLinkAboutZ-640-18 Amends Unified Development Ordinance Sponsor:Councilor Campbell ORDINANCE Z-640-18,As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA An Ordinance amending a variety of standards,procedures and definitions in the Unified Development Ordinance. Synopsis: This ordinance amends the standards for Fences, Bufferyards, Parking, Bicycle Parking, General Yard Standards and Waivers of Development Standards; amends Article 9: Processes and Article 11: Definitions; and corrects a variety of errors and omissions from the conversion to the UDO format. WHEREAS, it is in the public interest that subdivision common area improvements are inspected prior to the transition of the board of directors of the owners' association from the developer to the property owners. WHEREAS, the City wishes to maintain an orderly, consistent and streamlined unified development ordinance by revising similar or deleting unnecessary definitions; and 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, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the unified development ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the Carmel Unified Development 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. 18100007 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, December 18, 2018, it hereby adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as amended),to read as follows: Section I: Amend Article 2: Zoning Districts as follows: S2 DISTRICT UDO Page 2-6 2.05 S2 District Intent,Permitted Uses and Special Uses District Intent The purpose of this district is to provide for low-density single-family residential development in areas facing conversion from a rural-agricultural nature to a residential nature. The preservation of natural features and encouragement of open space residential land-use patterns in this district is intended to correspond to Suburban Residential in the Comprehensive Plan's Land Classification Plan. 03/04/2018 Ordinance Z-640-18,Version A 1 R1 DISTRICT UDO Page 2-8 2.07 R1 District Intent, Permitted Uses and Special Uses District Intent The purpose of this district is to provide for low-density single-family residential development where adequate public facilities are available. The preservation of natural features and encouragement of open space residential land-use patterns in this district is intended to correspond to Suburban Residential in the Comprehensive Plan's Land Classification Plan. R2 DISTRICT UDO Page 2-10 2.09 R2 District Intent, Permitted Uses and Special Uses District Intent The purpose of this district is to provide for medium density single-family residential development where adequate public facilities are available. The preservation of natural features, and encouragement of open space residential land-use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objective. The R2 District corresponds to Suburban Residential in the Comprehensive Plan's Land Classification Plan. R3 DISTRICT UDO Page 2-12 2.11 R3 District Intent,Permitted Uses and Special Uses District Intent The purpose of this district is to provide for medium density single- and two-family development on smaller lots in urbanized areas. The preservation of natural features, and encouragement of open space residential land-use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objectives. The R3 District corresponds to Urban Residential in the Comprehensive Plan's Land Classification Plan. R4 DISTRICT UDO Page 2-14 2.13 R4 District Intent,Permitted Uses and Special Uses District Intent The purpose of this district is to provide for high-density single-,two- and multiple-family development on small lots in distinctly urbanized areas. The intent of this district is to protect and conserve existing residential development,particularly in locations featuring marginally standard housing and facing potential change from original uses, and to preserve natural features, and encourage open space residential land-use patterns in this district is intended to corresponds to Urban Residential in the Comprehensive Plan's Land Classification Plan. UR DISTRICT UDO Page 2-19 2.18 UR District Development Standards Maximum Rear Yard Setback • 6 feet for surface parking • 10 feet when adjacent to an alley • 20 feet when not adjacent to an alley 03/04/2018 Ordinance Z-640-18,Version A 2 Section II: Amend Article 3: Overlay Districts as follows: OLD TOWN OVERLAY(OT-OL) DISTRICT UDO Page 3-34 3.65 OT-OL Landscaping Standards A. This Overlay District is exempt from any landscaping requirements within Article 5, Section 5.18: Commercial Landscaping Standards, and requires only landscaping which is stated herein. 1. Historic Range Line Road Sub Area: a. Lots shall be landscaped and maintained with trees, shrubs, ground cover, flowers and grass for the following headings: i. Renovations and Additions to All Existing Buildings. ii.New Construction. 2. Main Street Sub Area: No requirements. 3. Character Sub Area: a. Lots shall be landscaped and maintained with trees, shrubs, ground cover, flowers and grass for the following headings: i. Renovations and Additions to All Existing Buildings. ii.New Construction. RANGE LINE ROAD OVERLAY(RL-OL) DISTRICT 3.66 RL-OL District Intent, Effect on Uses, Process and Applicability UDO Page 3-38 District Intent The purpose of the Range Line Road Overlay District is to protect and enhance the health, safety and welfare of the citizens and property owners of Carmel 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 the Range Line Road Overlay District 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 through 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. The Range Line Road Overlay District is superimposed over base zoning districts and its regulations shall supersede those of the base zoning districts over which it is superimposed. In establishing the Range Line Road Overlay District,the Plan Commission and Common Council relies on IC 36-7-4- 1400 et seq. 03/04/2018 Ordinance Z-640-18,Version A 3 3.69 RL-OL Exemptions UDO Page 3-39 A. Cl District and C2 District Exemption: Parcels in the Cl District and C2 District shall be exempt from the requirements of the Range Line Road Overlay District. B. Applicable Procedure: Additions to a principal building that result in fifty percent(50%) or less floor area shall be exempt from Development Plan approval. However,multiple additions to a principal building shall be considered cumulative from January 19, 2005. Upon exceeding fifty percent(50%) additional floor area from multiple additions to a principal building, all additions to a principal building shall require a Development Plan approval. WEST 116th STREET OVERLAY(116-OL)DISTRICT UDO Page 3-52 3.101 116-OL District Intent, Effect on Uses, Process and Applicability Process and Applicability Property Applicability 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 West 116th Street Overlay District. Section III: Amend Article 5: Development Standards as follows: 5.03 AB-02: Non-Residential Accessory Building and Use Standards UDO Page 5-5 This Accessory Building and Use Standards (AB) section applies to the following zoning districts: ICONS: P1,Bl,B2,B3,B5,B6,B7,B8,I1,M3 A. Accessory Buildings and Uses Generally: Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: 1. An Improvement Location permit shall be required per the standards found in Carmel City Code; Chapter 7: Building Code;Article 3: Specific Regulations. 2. Accessory Buildings and Uses do not alter or change the character of the premises; 3. Accessory Buildings and Uses are on the same lot as the Principal Building to which they are accessory; 4. Accessory Buildings and Uses shall not constitute more than one-third(1/3) of the Gross Floor Area(GFA) of all buildings combined. 5. Timing: a. No Accessory Building shall be constructed upon a lot until the construction of the Principal Building has actually commenced; and, b. No Accessory Building shall be used unless the Principal Building on the Lot is also being occupied for the intended purposes. c. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools,material and equipment by a contractor during building construction; 5.09 FW-01: Fence and Wall Standards UDO Page 5-13 A. Permit Required: An Improvement Location Permit shall be obtained prior to installation of any new fence, except when the fence or wall will be used for exempted uses on lots or tracts larger than three (3)acres. B. Fences in Front Yards. The following shall apply to all residentially zoned lots or tracts, except those larger than three (3)acres: 1. Maximum Height: Fences located within any required Front Yard shall not exceed forty-two (42)inches in height, except as otherwise noted in Sections 5.09(B)(4-6) for fences on corner lots or along certain street classifications. 2. Fence Type: Fences located in Front Yards are not intended for privacy. At least twenty five percent(25%)of its area shall be open to allow visibility through the fence. Such open spaces shall be reasonably dispersed throughout the entire area of the fence, except where solid stone or brick walls are permitted. Examples include wrought iron or picket fences. 03/04/2018 Ordinance Z-640-18,Version A 4 3. Front Setback: Fences and walls may be constructed on the Front Lot Line but shall be set back at least one foot from any sidewalk or multi-use path. 4. Corner Lots: The requirements of this section shall apply to yards along both streets, except for replacement fences along local streets. An existing privacy fence which exceeds forty-two (42) inches in height may be replaced as follows: a. at its existing height,up to six (6) feet, whichever is less; and b. is located along only one of the local streets at the side or rear of the principal building. 5. Collector, Arterial, Parkway Arterial, or Primary Arterial Streets: In the case of through lots, where the property line behind a residence abuts a Collector, Arterial, Parkway Arterial, or Primary Arterial street, a fence may exceed forty-two (42) inches in height, up to six (6)feet in height, and shall be exempt from the twenty-five percent(25%)visibility requirement in Section 5.09(B)(2): Fence Type if set back at least six (6) feet from the property line, and is accompanied by plantings equivalent to a Bufferyard A. 6. Primary Parkway Streets (Keystone Parkway): Fences along a Primary Parkway Street may be up to eight(8) feet in height and shall be exempt from the twenty-five percent(25%) visibility requirement in Section 5.09(B)(2): Fence Type. The Director may approve up to an additional twenty-four(24)inches in height in cases where the ground adjacent to the fence is lower than the street. 7. Subdivision Fences and Walls: No primarily wooden fences, or walls, shall be constructed within any required front yard adjacent to any Collector,Arterial, Parkway Arterial, Primary Arterial, or Primary Parkway street(see also Article 7, Section 7.11: Residential Entryway Feature,Article 7, Section 7.12:Non-Residential Entryway Feature Standards, and Article 7, Section 7.23: Perimeter Landscaping Standards). C. Fences in Side and/or Rear Yards: Residential fences located within any required side or rear yard shall not exceed six(6)feet in height. D. Fences in other locations: 1. Residential fences not located within any required yard but within the buildable area shall not exceed nine (9) feet in height. 2. No fence shall be constructed within the twenty-foot(20')mandatory planting strip associated with frontage places and hammerheads. E. Height Measurement: Fences shall be measured from its topmost point to the ground adjacent to the fence. The height of any fence placed upon an erected earth berm or masonry wall shall be measured from the ground adjacent to said earth berm or wall. 5.16 HT-03: Urban Core Height Standards UDO Page 5-18 B. Additional Stories: Additional stories shall be permitted if any of the below criteria exists or is committed to by the developer. However,the absolute maximum number of stories shall be eight (8). 1. Major Intersection: Two (2)extra stories shall be permitted if the subject building is partially or fully within 800 feet of a major intersection,measured from the closest point of the subject building and the center point of the intersection. 03/04/2018 Ordinance Z-640-18,Version A 5 5.19 LS-01: Commercial Landscaping Standards UDO Page 5-21 A. Purpose and Intent: The purpose of Section 5.18: Commercial Landscaping Standards is to protect and enhance the community's environmental, economic and aesthetic quality,thereby contributing to the overall objective of promoting the public's health, safety and general welfare. This section is intended to enhance,preserve and develop Carmel's environment by: 1. Promoting compatibility between land uses through reducing the visual, sound and lighting impacts of commercial and residential developments; 2. Managing development impacts by planting trees and landscaping in order to increase the real estate values of properties; and 3. Creating innovative and environmentally-friendly landscape designs that enhance and define the public and private spaces. 4. Provide landscape standards for any development, regardless of district, deemed by the Board of Zoning Appeals to be appropriate. B. Cross Reference: 1. Subdivision's Perimeter Landscaping: Perimeter landscaping required per the subdivision control regulations in Article 7, Section 7.23: Perimeter Landscaping Standards shall not be regulated by Section 5.19: Commercial Landscape Standards. However,perimeter landscaping is subject to Plan Commission review and approval as part of a plat as indicated in Article 7, Section 7.23:Perimeter Landscaping Standards. 2. Manufactured Home Development: See Section 5.24: Manufactured Home Standards. 3. Satellite Receiving Antennas: See Section 5.41: Satellite Receiving Antennas Standards. 4. Overlay Districts: Wherever conflict exists between the landscaping required by Section 5.18: Commercial Landscaping Standards and an overlay district's regulations in Article 3: Overlay Districts,the overlay district's regulations shall govern. 5. Board of Zoning Appeals: The Board of Zoning Appeals may apply these standards to Special Use or Use Variance requests. See Section 9.09: Special Use or Section 9.15: Variance. 5.19 LS-01: Commercial Landscaping Standards UDO Page 5-24 Amend planting table as follows: Minimum Yard Width Shade or Buff eryard Evergreen Ornamental Shrubs* Front and Side Rear Trees Trees A 5 feet 10 feet 4 0 B 10 feet 20 feet 5 1 10 15 feet 25 feet 6 1 15 f) 30 feet 30 feet 8** 2 20 Evergreen trees may substtute in lieu of shrubbery on a 1:3 basis(one evergreen equats three shrubs) "At least 3 of the required tre., shall be evergreen trees Buf`e±yard Design Standards in the table above are staled in terms of!t ri►ran width and cumber of plants requhed per 163 Iirre,r foot increment F. Landscape Requirements: 3. Foundation Planting: a. Foundation plantings shall be provided for all new commercial buildings except new industrial buildings. b. Foundation plantings shall occur within planting beds at least five (5)feet in width,with exceptions for appropriate approach driveways, courtyards,plazas, and pedestrian access to building entrances. c. The primary landscaping materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall cover seventy-five percent(75%) of the planting area. 03/04/2018 Ordinance Z-640-18,Version A 6 d. Spacing between shrubbery shall not exceed five(5) foot intervals; except where occupied by an impervious surface. 4. Parking Lot Planting: a. When an existing parking lot is expanded or improved which increases either the total area of impervious surface or the number of parking spaces by thirty-five percent(35%) or more,the expansion shall be required to comply with this Section 5.19(F)(4): Parking Lot Planting. b. A minimum of one(1) shade tree and five(5) shrubs shall be planted for every ten(10) parking spaces provided. (See also Section 5.19(D): General Provisions, for minimum planting area dimension requirements.) H. Landscape Installation and Maintenance: 1. Installation: All required landscaping approved as part of a Development Plan/ADLS plan shall be installed prior to the issuance of a full Certificate of Occupancy. When it is not possible to install the required landscaping because of weather conditions,the property owner may be issued a temporary Certificate of Occupancy for a period up to six (6)months or until the installation can be completed and the final landscape inspection passed,whichever is less. 2. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubbery and other landscaping approved as part of the Development Plan/ADLS Plans in accordance with the standards set by this sub-section. This should consist of watering, fertilizing,proper mulching, clearing of debris and weeds,monitoring for pests and disease,mowing,pruning,the removal and timely replacement of dead,hazardous or dying plants,treating for disease or injury, or any other similar act(s) which promotes growth, health,beauty and the life of trees, shrubs,turf and other plants. a. Maintenance practices shall follow the guidelines set by the American National Standard for Tree Care Operations, ANSI A300 (current edition). American National Standards Institute, Inc. b. Injury of Trees: Unless specifically authorized in writing by the Director of Community Services,no Person shall intentionally damage, cut, carve,transplant, remove, or attach any rope,wire,nails, staples, advertising posters, or other contrivance; allow any substance which is harmful to such trees to come in contact with them; or set fire or permit any heat to burn and injure any portion of any such tree. c. Topping of Trees: Topping [as defined herein] shall not be considered a maintenance practice and is subject to tree removal and replacement, as determined by the Urban Forester. Topping is defined as the severe cutting back of limbs internodally to stubs within the tree's crown to such a degree as to remove the natural canopy and disfigure the tree. Trees damaged by storms or other natural events, or trees under utility wires or other obstructions where proper pruning practices are impractical, may be exempted from the Unified Development Ordinance at the determination of the Director of Community Services. d. Shrubbery will be allowed to grow to a natural height of at least three (3)feet without hedging or significant pruning. Minor pruning of dead, dying, crossing or individual elongated limbs for shaping will be allowed. e. Irrigation systems shall not be installed in the city owned Right-of-Way without approval by the Board of Public Works. The City does not assume responsibility for any damage incurred to an unpermitted irrigation system that is caused by work being performed in these areas. 3. Changes After Approval: No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval pursuant to ADLS review in Article 9: Processes and in accordance with the Plan Commission's Rules of Procedure. However,Minor and Material Alterations in 03/04/2018 Ordinance Z-640-18,Version A 7 landscaping may be approved by the Director of Community Services in order to conform to specific site conditions, only when the alteration results in an improvement to the previously approved plan. A letter requesting approval of changes shall state the following: a. Letter shall be on company letterhead—preferably owner's b. Name of the project, Plan Commission or Board of Zoning Appeals docket number and building permit number c. Count of plant material that will be substituted and the count of plant material that will be installed d. Species of plant material that will be substituted and the species of plant material that will be installed e. Location of substitutions or an attached revised Landscape Plan f. Quantity of plant material shall be equal or greater g. Quality of plant material shall be equal or better 4. Inspection: The Director of Community Services shall have the authority to visit any development to inspect the landscaping and check it against the approved plan on file. 03/04/2018 Ordinance Z-640-18,Version A 8 5.20 LS-02: Bufferyard Standards UDO Page 5-28 Amend planting table as follows: Number of Plants Per 100 Feet Shade or Ornamental Bufferyard Minimum Yard Width Evergreen Trees Shrubs* Trees Front and Side Rear A 5' 10' 4 0 0 B 10' 20' 5 1 10 0 15' 25' 6 1 15 ' Evergreen trees may substitute in lieu of shrubbery on a 1 3 basis(one evergreen equals three shrubs) • Stated in terms of minimum with "'Stated in terms of number of plants required per 100 linear foot increment 5.28 PK-01: General Parking Standards UDO Page 5-33 These Parking Standards (PK) apply to the following districts: ICONS: P1, Si, S2,R1,R2,R3, R4,R5,UR, B1,B2,B3,B5,B6,B7,B8,UC,MC,Il,M3 A. Every Principal Building hereafter erected shall provide Parking Space for Motor Vehicles as specified hereinafter for the Use to which such Principal Building is to be devoted. B. Additional Parking and Loading Regulations: 1. The required number of parking spaces for any use permitted in a district is set forth in Section 5.30.•Amount of Parking Spaces Standards. The following regulations establish requirements for computing spaces,the location of spaces and minimum improvements. 2. Exemption: Section 5.30:Amount of Parking Spaces Standards does not apply to UR,UC and MC Districts except as described in Section 5.31: Urban Residential Parking Standards, Section 5.32: Urban Core Parking Standards and Section 5.33: Meridian Corridor Parking Standards. C. Computation of Number of Required Spaces: In computing the number of required off-street and/or on-street parking spaces,the following rules shall apply: 1. Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking, as herein defined. 2. In the case of mixed uses,the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 03/04/2018 Ordinance Z-640-18,Version A 9 G. Parking Dimension Design: UDO Page 5-34 Required Parking Dimensions Table Angle Space Space Length One Way Aisle Two Way Aisle Depth from Width Width Width Aisle Parallel 9' 23' 12 20' Not Applicable 30* 9' 18' 12' 20' 15' 45' 9' 18' 15' 22' 16' 60' 9' 18' 18' 24' 17 90' 9' 18' 20' 25' 18' MinA./44'*N-tli Depth '` 4 - Min. �, from sm Min, err Depth .�"� .� ; o p 2 y ' Depth r a, ale !i�• Jf`44, .it un. Aisle N ,r4` t. �.' +S I r +�'!j 4K'. .�.. . -. -- .._ ;ii� ~..._ . .� Min. l�pr F#4:// 1�°Lilt ►An.unyn 1 Depth 4. I, ., \ Lm swan f V frAisle om °� . P. ., «. « ,. °9 Prom;xx _',7 a.bry E ... . 5.29 PK-02: Bicycle Parking Standards UDO Page 5-35 A. Bicycle Parking: It is the purpose of Section 5.29: Bicycle Parking Standards to ensure adequate and safe facilities for the storage of bicycles for all projects. 1. The bicycle parking requirements and recommendations in this Section shall apply to new Development or Improvement requiring Plan Commission or Board of Zoning Appeals approval. 2. The number of bicycle parking spaces shall be re.uired and encouraged as follows: Long-term Use Category (Encouraged unless otherwise noted: Short-term See also Section 5.29(C):Long-term (Required) Bicycle Parking) Office 2 spaces for each 10,000 sq. ft, 1 space for each 10,000 sq.ft, minimum of 2 s 1 aces. minimum of 4 s I aces. Hotel Required: 1 space per 15 guest 1 space per 30 guest rooms,minimum rooms,minimum of 4 s•aces of 4 s I aces 03/04/2018 Ordinance Z-640-18,Version A 10 5.30 PK-03: Amount of Parking Spaces Standards UDO Page 5-38 These Parking Standards (PK) apply to the following districts: ICONS: P1, S1,S2,R1, R2,R3,R4,R5, Bl,B2,B3,B5,B6,B7,B8,Il,M3 Minimum Parking Spaces Required (Table Heading) 5.78 YS-01: General Yard Standards UDO Page 5-77 J. Sills,belt courses, window air-conditioning units, window wells, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four(24)inches. Section IV: Amend Article 7: Design Standards as follows: 7.17 LE-02: Lot Establishment Standards UDO Page 7-24 A. Prerequisite: All lots shall have direct access to a public street or a private street established per Section 7.26: Private Street Standards. Access via an access easement through another property shall not be permitted. B. General: The shape, location, and orientation of lots within a development shall be appropriate for the proposed uses and be consistent with the intent of the subdivision as indicated in Article 6: Subdivision Types. C. Disturbances: A subdivision shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table,through careful planning of vegetation and land disturbance activities, and the placement of streets, buildings and impervious surfaces. D. Lot Sizes: Lot sizes shall be consistent with the minimum lot area, minimum lot width, and minimum lot frontage standards indicated on the two-page layout for the applicable zoning district in Article 2: Zoning Districts; or as adjusted in Section 7.17(E): Lot Design,Section 7.15: Townhouse Subdivision Incentive Standards, or Section 7.19(F): Intensity Bonus for Woodland Preservation. E. Lot Design: Lots shall meet the following conditions. 1. Street Frontage: Lots shall be laid out to front onto interior streets. Perimeter lots are required to front onto a frontage street. 2. Side Lot Lines: Lots shall have side lot lines that are within twenty degrees (20°)of perpendicular to the street right-of-way. Said side lot lines shall extend in a straight line from the right-of-way for at least twenty percent(20%) of the property's depth. 3. Corner Lots: Corner lots shall be twenty-five percent(25%) larger than the applicable minimum lot area. This shall also include lots at the corner of a development entrance and a perimeter street. This special minimum lot area increase does not apply to lots required to be, or elected to be one(1)acre or larger in lot area. Corner lots shall have two (2)front yards, one (1) side yard, and one (1) rear yard. 4. Through Lots: Through lots are discouraged, and shall only be permitted if the lot has a legal instrument that restricts, in perpetuity, establishing vehicular access to more than one(1) street or alley. Through lots shall gain access from internal streets or frontage street. 5. Sensitivity and Connection to Context: Residential developments shall be laid out to be sensitive to neighboring residential developments if built-out, or neighboring residential zoning districts if undeveloped. Specifically, lots need to be laid out to address potential privacy issues, and especially to allow for street and sidewalk connection between development, including to adjacent commercial developments. 03/04/2018 Ordinance Z-640-18,Version A 11 Section V: Amend Article 9: Processes as follows: 9.03 Development Plan and ADLS UDO Page 9-8 D. Procedures for Submission and Review: The procedures described in this section shall apply to all Primary Zoning Districts and Overlay Districts which require Development Plan or ADLS approvals except for the Cl and C2 Districts. See Section 9.03(E): Procedures for Submission and Review for Cl and C2 Districts for the applicable procedures. E. Procedures for Submission and Review for Cl and C2 Districts: 1. Development Plan and Architectural Design, Exterior Lighting, Landscaping and Signage (i.e. ADLS) a. Pre-Application Consultation with the Director of Community Services: Not applicable. b. Application: i. Following approval by the Carmel Redevelopment Commission,the applicant shall submit for approval to the Director of Community Services: [1] Two (2)copies of the written application form; [2] Two (2)copies of the Existing Features and Site Analysis Plan; [3] Two (2)copies of the Development Plan; [4] Two (2)copies of the Exterior Elevations and/or Renderings; [5] Two (2)copies of the Lighting Plan; [6] Two (2)copies of the Landscape Plan; [7] Two (2)copies of the Signage Plan; [8] As well as two (2) copies of all necessary supporting documents and materials. ii. Technical Advisory Committee:Not applicable. iii. Initial Review of the Application and Supporting Documents and Materials: Following the receipt of the written application,Development Plan, ADLS, and necessary supporting documents and/or materials,the Director of Community Services shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. iv. Submittal to the Plan Commission [1] If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements,the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. [2] If the materials submitted by the applicant are determined to be complete and in compliance,the Director of Community Services shall formally file the application by: [a] Assigning a docket number; and [b] Setting a date and time for a public hearing. c. Fees: See Article 1, Section 1.29: Filing Fees. d. Public Notice: The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Plan Commission's Rules of Procedure. e. Review: The Director, as staff of the Plan Commission, shall review a Development Plan to determine if the Development Plan satisfies the development requirements specified in the Cl or C2 District. f. Public Hearing by the Director: The Director shall hold a public hearing before deciding whether to approve or disapprove a Development Plan. However, no Development Plan is 03/04/2018 Ordinance Z-640-18,Version A 12 required for additions to existing structures which: i. Are attached to the existing structure; ii. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows; other detailing; iii. Meet with requirements of the Cl or C2 District; iv. Do not exceed twenty percent(20%) of the original Gross Floor Area of the existing structure, applicable from the date of this section; and v. Have received prior ADLS approval from the Plan Commission. g. Approval. i. Pursuant to IC 36-7-4-1400 et seq., the Director(as the staff of the Plan Commission) is hereby authorized to conduct a public hearing to determine whether the Development Plan complies in all respects with the Zoning Ordinance and any commitments made by the owner of the real property. The Director shall then make written findings concerning his or her decision to approve or disapprove the Development Plan, and the Director is hereby designated as the official who is responsible for signing the written findings. ii. The approval or disapproval of a Development Plan by the Director is a final decision of the Commission that may be reviewed only as provided in IC 36-7-4-1016. iii. Time Limit: An approved Development Plan shall be valid for three (3)years from the date of approval. Upon written application to the Director of Community Services before the expiration of said approval, and upon good cause shown,the Director of Community Services may issue a single extension of the approval for a period not to exceed six(6)months. iv. If the Development Plan or ADLS is substantially or materially altered in any way, resubmission to the Director is required. v. If a Development Plan petition is denied,the Director shall provide the applicant with a written copy of the findings-of-fact, if requested. h. Amendment: i. Requirements: See Section 9.03(B): Development Plan. ii. Fees: See Section 1.29: Filing Fees. iii. Public Notice: See Section 9.03(E)(1)(d): Public Notice. iv. Public Hearing: See See Section 9.03(E)(1)(f): Public Hearing by the Plan Commission. v. Review: See See Section 9.03(E)(1)(e): Review. vi. Approval: See See Section 9.03(E)(1)(g):Approval. 9.05 Planned Unit Development UDO Page 9-14 A. 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: 4. District Ordinance: The District Ordinance shall be the governing document for the development of the Planned Unit Development. The District Ordinance and corresponding exhibits may be formatted to no larger than ledger or tabloid sized(11"x 17")pages and shall conform to the following: c. Any portion of the Carmel Unified Development Ordinance may be referenced in the District Ordinance. However,the Unified Development Ordinance shall govern in instances where the PUD District Ordinance is silent. 03/04/2018 Ordinance Z-640-18,Version A 13 9.17 Waiver of Development Standard UDO Page 9-42 A. Applicability: The waivers described in Section 9.17: Waiver of Development Standards shall only apply to the following Primary Zoning Districts(see icons below) and in an Overlay District: ICONS: P1,R4,R5,UR,B1,B2,B3,B5,B6,B7,B8, Cl,C2,UC,MC,Il,M3 Section VI: Amend Article 11: Definitions as follows: • Vision Clearance On Corner Lots: A triangular space at the street corner of a Corner Lot, free from any kind of obstruction to vision between the heights of three (3) and eight(8) feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavement, and the triangular space is determined by a diagonal line connecting two (2)points measured fifteen(15) feet equidistant from the Lot corner along each property line at intersections of two (2) local streets or alleys, or twenty-five (25)feet at the intersection of any other types of Streets. Section VII: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section VIII: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 03/04/2018 Ordinance Z-640-18,Version A 14 ADOPTED by the Common Council of the City of Carmel, Indiana this (/ day of MGl✓-C Iq 2019,by a vote of 6 ayes and C nays. COMMON COUNCIL FOR THE CITY OF CA Jeff Worrel P dent Anthon ree Laura D. Campbell, Vice-Presiders H. Bruce imball Ro Id . Carter Kevin D. Rider A©+ eftwoi- Sue Finkam AT • 6A; Chri Me S. Paule , Clerk-Treas its Presented by me to the Mayor of the City of Carmel, Indiana this day of MetaC 2019, at/0 ,D0 i�.M. C Stine S. Pau , C erk-Tre er Approved by me, Mayor of the City�f Carmel, Indiana,this S day of 4/I4( if 2019, at 3 f.M. fames Brainard,Mayor ATT T: C me S. Pauley; Clerk-Treasure Prepared by: Adrienne Keeling,Planning Administrator,One Civic Square,Cannel,IN 46032 03/04/2018 Ordinance Z-640-18,Version A 15