HomeMy WebLinkAboutPacket for CC 12-16-192019-1216; Z-649-19; Council Report.docx
MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z-649-19
DATE: December 6, 2019
Please find information on the following item forwarded by the Plan Commission. This item will appear on your December 16th agenda.
Forwarded with a favorable recommendation:
Ordinance Z-649-19 (Docket No. 19100001 OA): C1 & C2 District Amendments
The applicant seeks to amend the Unified Development Ordinance in order amend permitted uses and to correct
the standards in the C1 & C2 Districts from the conversion to the Unified Development Ordinance. Filed by the
Department of Community Services on behalf of the Carmel Plan Commission.
Proposed Amendments Summary:
Attached is a proposed UDO Amendment which is primarily a technical amendment to restore and clarify standards which
previously applied in the old zoning ordinance. The only new language to C1 & C2 is the proposed addition of permitted
uses.
Article 2: Zoning Districts:
• Section 2.33: C1 Permitted Uses, Lines 35-52: and
Section 2.35: C2 Permitted Uses, Lines 55-71:
Add the following Educational, Office and Recreational Permitted Uses:
• day nursery/day care
• kindergarten/preschool
• school, trade or business
• clinic or medical health center
• research facility/laboratory
• private club or lodge
• public plaza
• rooftop parks and gardens
Article 5: Development Standards:
− Section 5.21: C2 Bufferyard Standards
• Lines 75-77: Amend the title to apply to both C1 & C2 as Landscaping Standards. The UDO is currently silent
with respect to landscaping in the C1 District.
• Line 79: Remove a reference that specifies City Center standards.
• Line 83: Clarify that the Bufferyard standard applies only to C2 (same as previous ordinance).
− Section 5.39: Sign Standards, Lines 104-117: Create a new C1 & C2 subsection of Permanent Signs which restores
the division of control of sign standards between the UDO and CRC project standards. The number and location of
signs is determined by CRC project standards, and the size and design of signs is determined by the sign ordinance.
− Section 5.78: General Yard Standards, Line 120: Clarify that the standards do not apply to C1 & C2.
− Section 5.80: Non-Residential Yard Standards, Line 157: Clarify that the standards do not apply to C1 & C2.
2019-1216; Z-649-19; Council Report.docx
To aide in review, UDO page numbers are referenced in the ordinance document.
The UDO may be accessed on the city’s website at www.carmel.in.gov > Government > Departments & Services >
Community Services > Codes & Ordinances.
The information in this packet is arranged in the following order:
1. Proposed Ordinance Z-649-19
2. Plan Commission Certification (expires February 20, 2020).
12/16/2019
Ordinance Z-649-19
1
Sponsor: Councilor Campbell 1
2
ORDINANCE Z-649-19 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
An Ordinance amending the standards of the C1 & C2 Districts 7
in the Unified Development Ordinance. 8
9
Synopsis: 10
This ordinance amends the Unified Development Ordinance in order to correct the standards in the C1 & C2 11
District from the conversion in to the UDO format. 12
13
WHEREAS, it is in the public interest that subdivision common area improvements are inspected 14
prior to the transition of the board of directors of the owners’ association from the developer to the property 15
owners. 16
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined unified development 17
ordinance; and 18
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), 19
each unit of local government that wishes to adopt land use and zoning ordinances must first approve by 20
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and 21
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 22
text of the unified development ordinance; and 23
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 24
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 25
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 26
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 19100001 OA having received a favorable 27
recommendation from the Carmel Advisory Plan Commission on Tuesday, November 19, 2019, it hereby 28
adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as 29
amended), to read as follows: 30
31
Section I: Amend Article 2: Zoning Districts as follows: 32
33
2.33 C1 District Intent, Permitted Uses and Special Uses UDO Page 2-34 34
Permitted Uses 35
Education Permitted Use 36
• day nursery/day care 37
• kindergarten/preschool 38
• school, trade or business 39
Office Permitted Use 40
• clinic or medical health center 41
• general office 42
• professional office 43
• research laboratory/facility 44
Recreational Permitted Use 45
• commercial recreational facility, indoor 46
• commercial recreational facility, outdoor 47
12/16/2019
Ordinance Z-649-19
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• community center 48
• park, public 49
• private club or lodge 50
• public plaza 51
• rooftop parks and gardens 52
53
2.35 C2 District Intent, Permitted Uses and Special Uses UDO Page 2-36 54
Permitted Uses 55
Education Permitted Use 56
• day nursery/day care 57
• kindergarten/preschool 58
• school, trade or business 59
Office Permitted Use 60
• clinic or medical health center 61
• general office 62
• professional office 63
• research laboratory/facility 64
Recreational Permitted Use 65
• commercial recreational facility, indoor 66
• community center 67
• park, public 68
• private club or lodge 69
• public plaza 70
• rooftop parks and gardens 71
72
Section II: Amend Article 5: Development Standards as follows: 73
74
5.21 LS-03: C1 & C2 Bufferyard Landscaping Standards UDO Page 5-29 75
These Landscape Standards (LS) section apply to the following districts: 76
ICON: C1, C2 77
A. Landscape Design: Landscaping shall be designed in accordance with the adopted landscaping 78
style and species palette established for the City Center by the City of Carmel Redevelopment 79
Commission. 80
B. Street Trees: Shade trees shall be planted along all streets within the rights-of-ways, parallel to the 81
street. Species, size, and installation shall be per the standards of the City of Carmel. 82
C. Bufferyards (C2 District) Only: 83
1. Bufferyards shall be required along any side and/or rear lot line abutting a side or rear lot line 84
of detached single family residences and shall extend the entire length of the lot line. 85
2. The minimum Bufferyard width shall be equal to the building height of the nearest building to 86
each side or rear lot line, not to exceed thirty-five (35) feet. 87
3. The minimum planting standard shall be Bufferyard C as set forth in the Bufferyard Table 88
prescribed in Article 5, Section 5.19(F)(1): Bufferyards. 89
D. Landscaping Installation and Maintenance: 90
1. Installation: All required landscaping pursuant to the ADLS approval shall be installed prior to 91
the issuance of a Certificate of Occupancy by the Department Administrator. If it is not 92
possible to install the required landscaping because of weather conditions, the property owner 93
shall post a bond for an amount equal to the total cost of the required landscaping prior to the 94
issuance of the Final Certificate of Occupancy. 95
2. Maintenance: It shall be the responsibility of the owners and their agents to insure proper 96
maintenance of the landscaping, in accordance with the standards set forth in the Development 97
Plan. This is to include, but is not limited to, replacing dead plantings with identical varieties 98
12/16/2019
Ordinance Z-649-19
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or a suitable substitute, and keeping the area free of refuse and debris. 99
100
5.39 SI-01: Sign Standards UDO Page 5-50 101
ICONS: P1, S1, S2, R1, R2, R3, R4, R5, B1, B2, B3, B5, B6, B7, B8, C1, C2, I1, M3 102
Permanent Sign Standards 103
L. Permanent Signs in a C1 & C2 District: 104
1. Sign Classification: Sign classification shall follow the permanent sign standards by building 105
or complex type per Sections 5.39(F) through (K). 106
2. Number: The number of permanent signs shall be in accordance with the project standards 107
established by the Carmel Redevelopment Commission. 108
3. Maximum Sign Area: Sign areas shall follow the permanent sign standards by building or 109
complex type per Sections 5.39(F) through (K). 110
4. Maximum Height Of Ground Sign: Sign heights shall follow the permanent sign standards by 111
building or complex type per Sections 5.39(F) through (K). 112
5. Location: The location of permanent signs shall be in accordance with the project standards 113
established by the Carmel Redevelopment Commission. 114
6. Design: Sign areas shall follow the permanent sign standards by building or complex type per 115
Sections 5.39(F) through (K). 116
7. Illumination: Permitted. 117
118
5.78 YS-01: General Yard Standards UDO Page 5-78 119
ICONS: P1, S1, S2, R1, R2, R3, R4, R5, B1, B2, B3, B5, B6, B7, B8, C1, C2, I1, M3 120
A. On lots fronting on two non-intersecting streets, a front yard shall be provided on both streets 121
(double frontage). 122
B. Corner Lots: 123
1. There shall be a Front Yard provided on both Streets. 124
2. On Corner Lots that are Lots of Record, the buildable Lot Width shall not be reduced to less 125
than twenty-eight (28) feet, except that there shall be a Side Yard of at least five (5) feet along 126
each Side Lot Line. 127
3. The minimum buildable Lot Width of twenty-eight (28) feet for a principal building is reduced 128
to twenty-two (22) feet for an accessory building. 129
C. Where a frontage is divided among districts with different front yard requirements, the deepest 130
front yard required shall apply to the entire frontage. 131
D. There may be two (2) or more related multiple-family, hotel, motel or institutional buildings on a 132
lot provided that: 133
1. The required yards be maintained around the group of buildings, and 134
2. Buildings that are parallel or that are within forty-five degrees (45º) of being parallel be 135
separated by a horizontal distance that is at least equal to the height of the highest building. 136
E. Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but 137
any addition shall provide the required yards. 138
F. The minimum width of side yards for schools, libraries, churches, community buildings, and other 139
public and semi-public buildings in residential districts shall be twenty-five (25) feet, except where 140
a side yard is adjacent to a Business, Industrial or Manufacturing District, in which case the width 141
of that yard shall be as required in the district in which the building is located. 142
G. Open, unenclosed porches (not under roof) or patios may extend ten (10) feet into a front yard. 143
H. Terraces which do not extend above the level of ground (first) floor may project into a required 144
yard, provided these projections be a distance of at least two (2) feet from the adjacent side lot line. 145
I. No side yards are required where dwellings are erected above commercial and industrial structures, 146
except such side yard is required for a commercial or industrial building on the side of a lot 147
adjoining a residential district. 148
J. Sills, belt courses, window air-conditioning units, window wells, cornices, and ornamental features 149
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Ordinance Z-649-19
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may project into a required yard a distance not to exceed twenty-four (24) inches. 150
K. Normal roof overhang, open fire escapes, fireproof outside stairways and balconies opening upon 151
fire towers, and the ordinary projections of chimneys and flues shall be permitted to project into 152
required yards for a distance of not more than forty-eight (48) inches when so placed as to not 153
obstruct light and ventilation. 154
155
5.80 YS-03: Non-Residential Yard Standards UDO Page 5-79 156
ICONS: P1, B1, B2, B3, B5, B6, B7, B8, C1, C2, I1, M3 157
A. Business, Industrial and Manufacturing Districts: 158
1. Alley space shall not be included for loading and unloading berths. 159
2. Where twenty-five percent (25%) or more of the lots of record in a block are occupied by 160
buildings, the average setback of such buildings shall determine the dimension of the front 161
yard in the block. 162
3. Parking is permitted in the required front yard in the Business and Industrial Districts. 163
164
165
Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 166
repealed. 167
168
Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the 169
Mayor. 170
171
12/16/2019
Ordinance Z-649-19
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ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 172
______________________ 2019, by a vote of _________ ayes and ________ nays. 173
174
175
COMMON COUNCIL FOR THE CITY OF CARMEL 176
177
178
___________________________________ ____________________________________ 179
Jeff Worrell, President Anthony Green 180
181
___________________________________ ____________________________________ 182
Laura D. Campbell, Vice-President H. Bruce Kimball 183
184
___________________________________ ____________________________________ 185
Ronald E. Carter Kevin D. Rider 186
187
___________________________________ 188
Sue Finkam 189
190
191
ATTEST: 192
193
194
__________________________________ 195
Christine S. Pauley, Clerk-Treasurer 196
197
198
199
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 200
_________________________ 2019, at _______ __.M. 201
202
203
____________________________________ 204
Christine S. Pauley, Clerk-Treasurer 205
206
207
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 208
________________________ 2019, at _______ __.M. 209
210
211
____________________________________ 212
James Brainard, Mayor 213
214
ATTEST: 215
216
217
___________________________________ 218
Christine S. Pauley, Clerk-Treasurer 219
220
221
Prepared by: 222
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 223
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-649-19
CO
Cl & C2 District Amendments
To: The Honorable Common Council NJ
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
ocacp
The Cannel Plan Commission offers you the following report on the application Docket
No. 19100001 OA -petitioning to amend the Unified Development Ordinance in order to
correct the standards in the Cl & C2 Districts from the conversion to the Unified
Development Ordinance.
The Carmel Plan Commission's recommendation on the petition of the applicant is
Favorable."
At its regularly scheduled meeting on November 19, 2019, the Cannel Plan Commission
voted Eight (8) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-649-19 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 Thursday, February 20, 2020.
CARMEL PLAN COMMISSION
BY: 1 c5q
Brad Grabow, President
A EST:`/
JiliStjhestak, Secretary
Cannel Plan Commission
Dated: November 22, 2019