HomeMy WebLinkAboutZ-324 US31 Overlay Zone OrdinanceNo.
AN ORDINANCE TO AMEND THE PROVISIONS OF
THE CARMEL CLAY ZONING ORDINANCE
WHICH RELATE TO THE U.S. HIGHWAY 31 OVERLAY ZONE
WHEREAS, the City of Carmel and Clay Township, pursuant to a joinder agreement adopted
under the Township Joinder law (IC 36-7-4-1200 et seq.), have caused to be prepared a comprehensive
plan for the City and Township, which plan was prepared by HNTB Corporation and is known and
referred to as the 2020 Vision Comprehensive Plan; and
WHEREAS, the 2020 Vision Comprehensive Plan was approved and recommended by the Carmel
Clay Plan Commission on August 20, 1996, and duly approved by resolution 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, after giving due consideration to the general policy
and pattern of development set out in the Comprehensive Plan for that part of the community
commonly known as the Carmel Meridian Corridor, it is reasonable and necessary to promote and
accommodate the orderly growth and development of the City and Township by providing that a
Development Plan is required for the development of real property within such Corridor; and
WHEREAS, the Common Council of the City of Carmel finds that it is reason~tble and necessary
to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of
the City of Carmel and Clay Township by establishing development requirements that must be
satisfied before the Carmel Clay Plan Commission may approve a Development Plan for real property
in such Corridor;
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 IC 36-7-4-1400 et seq. and after having a received
a favorable recommendation from the Carrnel Clay Plan Commission, it hereby adopts this Ordinance
to restate and amend Section 23B (U.S. Highway 31 Overlay Zone) of the Carmel/Clay Zoning
Ordinance Z-289, as amended, to read as follows:
23B.0
23B.0.1
U.S. HIGHWAY 31 OVERLAY ZONE
Purpose, Intent and Authority: The purpose of the U.S. Highway 31 Overlay Zone is to
promote and protect the public health, safety, comfort, convenience and general welfare by
providing for consistent and coordinated treatment of the properties bordering U.S. Highway
31 (also known as the Carmel Meridian Corridor) in Clay Township, Hamilton County,
Indiana. The Commission and Council, in establishing this zone, are relying on IC 36-7-4-
600 et seq. and IC 36-7-4-1400 et seq. This zoning district is, likewise, intended to serve as a
tool for implementing the development policies and guidelines set for the Corridor in the
Comprehensive Plan. U.S. Highway 31 is a limited access highway and an important
US 31 OVERLAY ZONE Revised.doe 11/21/97
23B.1
23B.2
entrance corridor to Carmel and Clay Township. The U.S. Highway 31 Corridor is a premier
office location and employment center whose viability, quality, and character are important to
the community as a whole, adjacent residents, employees, business owners, and taxing
districts. Therefore, it is the further purpose of the U.S. Highway 31 Overlay Zone to
preserve the aesthetic qualities of those bordering properties through (1) the promotion of
coordinated development in the U.S. Highway 31 Overlay Zone; (2) the establishment of high
standards for buildings, landscaping, and other improvements constructed on the properties
within the U.S. Highway 31 Overlay Zone which permit innovative site designs and at the
same time encourage efficient land usage; and (3) the establishment of development
requirements which will encourage substantial capital investments for the development of
those properties and promote the quality, scale, and character of development consistent with
the Corridor's existing and planned uses.
District Boundaries: The boundaries of the U.S. Highway 31 Overlay Zone are hereby
established as shown on the Zoning Map. The U.S. Highway 31 Overlay Zone generally
includes an area six hundred (600) feet on either side of the right-of-way for U.S. Highway 31
in Clay Township, Hamilton County, Indiana, extending from the north right-of-way line of
961h Street to the south right-of-way line of 1461h Street. Where the proposed or constructed
Illinois Boulevard and Pennsylvania Parkway parallel roads are further than six hundred (600)
feet from the U.S. Highway 31 right-of-way, the Overlay Zone is intended to include all
properties between the U.S. Highway 31 right-of-way and the parallel roads.
Commission Review:
A. The Commission must approve, approve with conditions, or disapprove the Development
Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone. Except as provided
in paragraph E, a public hearing shall be held by the Commission before it decides
whether to approve or disapprove a DP. However, no DP is required for additions to
existing residential structures which:
(1) are attached to the existing residence;
(2) follow a similar architectural design;
(3) do not exceed forty percent (40%) of the existing structure, and
(4) meet with requirements of the underlying primary zoning district.
B,
The Commission shall review a DP application to determine if the DP satisfies the
development requirements specified in Sections 23 B.3 through 23 B.8. The
Commission' s review shall include but not be limited to the following items:
( 1 ) Existing site features, including topography and wooded areas;
(2) Zoning on site;
(3) Surrounding zoning and existing land use;
(4) Streets, curbs and gutters, sidewalks, and bicycle paths;
(5) Access to public streets;
(6) Driveway and curb cut locations in relation to other sites;
(7) General vehicular and pedestrian traffic;
(8) Vehicle and bicycle parking facilities and intemal site circulation;
(9) Special and general easements for public or private use;
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(1
(1
(~
(10) On-site and off-site surface and subsurface storm and water drainage
including drainage calculations;
( 11 ) On-site and off-site utilities;
(12) The means and impact of sanitary sewage disposal and water supply techniques;
(13) Dedication of streets and rights-of-way, or reservation of land to be sold to
govemmental authorities for the future development of streets and rights-of-way;
(14) Provision for adequate and acceptable setbacks, site landscaping and screening, and
compatibility with existing platted residential uses;
5) Outside storage areas;
6) Protective restrictions and/or covenants;
(1
7) Effects any proposed project may have on the architectural character of the U.S.
Highway 31 Corridor; and
8) Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan.
D. The Commission shall make written findings conceming each decision to approve or
disapprove a DP. The President of the Commission shall be responsible for signing the
written findings of the Commission.
An amendment to a DP which does not alter the use of any land may be reviewed and
approved by a committee of the Commission according to the rules of the Commission.
However, any interested party may appeal the decision of the committee directly to the
Commission.
F,
Commission review and approval of the site layout and circulation, architectural design,
landscaping, lighting, signage, and access to the property (ADLS) pursuant to Sections
23B.9 through 23B.15 shall be necessary prior to: (1) the establishment of any use of land;
(2) the issuance of any Improvement Location Permit;
(3) the erection, reconstruction or structural alteration of any building(s) in the U.S.
Highway 31 Overlay Zone; or
(4) any changes in any site improvements.
G,
A committee of the Commission may review and approve any ADLS application,
according to the rules of procedure of the Commission. However, any interested party
may appeal the decision of the committee directly to the Commission.
23B.3
Permitted Uses: All uses which are permitted in the underlying primary zoning district(s),
except the uses expressly excluded by Section 23B.5, are permitted in the U.S. 31 Overlay
Zone.
23B.4
Permitted Special Uses: All special uses which are permitted (upon obtaining a special use
approval from the Board) in the underlying primary zoning district(s), except the uses
expressly excluded by Section 23B.5, are permitted in the U.S. Highway 31 Overlay Zone.
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23B.5
23B.6
23B.7
Excluded Uses: All adult uses, including adult bookstores, adult photo studios, adult
theaters, and sexually oriented commercial enterprises; amusement park; automobile sales or
leasing; automobile service station or filling station; boat sales; bulk storage of petroleum
products; car wash; carnivals, fairs, circuses; commercial warehouse storage; disposal or
storage of hazardous or radioactive materials; equipment sales or repair; fast food restaurants;
fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning; flea market;
garbage disposal plant/sanitary landfill; go-cart track; grain elevator; industrial uses - heavy;
junk and/or salvage yard; commercial kennel; manufactured housing sales; miniature golf;
mobile home court; movie theater (indoor and outdoor); penal or correctional institution; plant
nursery; reclaiming processes involving materials and/or chemicals that are considered
dangerous to the health, safety, and welfare of the general public as determined by the State of
Indiana, Hamilton County or the City; refining or manufacturing of petroleum products;
refining or manufacturing of asphalt, cement, gypsum, lime, wood preservatives; retail uses
comprising more than fifteen percent (15%) of the overall square footage in any DP; roadside
sales stand; sand and gravel extraction or sales; self-storage/mini-warehouse facilities; single-
family residence; small engine sales or repair; truck stop; water slide.
Accessory Buildings and Uses: All accessory buildings and uses which are permitted in the
underlying primary zoning district(s) shall be permitted, except that any detached accessory
building in any DP shall have on all sides the same architectural features or shall be
architecturally compatible with the principal building(s) with which it is associated.
Minimum Tract Size:
A. Except as provided in Paragraph C, the minimum area covered by a DP within the U.S.
Highway 31 Overlay Zone must be 217,800 square feet (5 acres).
B. If a tract is located both inside and outside of the U.S. Highway 31 Overlay Zone, a DP
shall be submitted to the Commission for the entire tract to be developed.
C,
All tracts to be developed in the U.S. Highway 31 Overlay Zone shall contain a minimum
area of 217,800 square feet (5 acres). However, if a parcel of land or subdivision lot was
recorded prior to April 21, 1980 (the "Effective Date"), and said parcel or lot does not
contain the minimum area required by this Paragraph, said parcel or lot ("Undersized
Lot") may be used for any use permitted in the U.S. Highway 31 Overlay Zone provided
that:
(2)
(1) At the time of recordation of the Undersized Lot or on the Effective Date, the
Undersized Lot met the requirements for minimum lot size then in effect for a lot in
the underlying primary zoning district(s);
The owner of the Undersized Lot must include, up to the minimum tract size, any
adjoining vacant land (not separated by a street or public way) owned, or owned by
an affiliate, on or before the Effective Date or at the time of application which, if
combined with the Undersized Lot, would create a tract which conforms, or more
closely conforms, to the minimum tract size requirements of this Paragraph; and
(3) All other development requirements applicable to the U.S. 31 Overlay Zone can be
met.
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23B.8 Height and Area Requirements.
23B.8.1 Maximum Building Heights: As specified in the underlying primary zoning district(s),
except as follows:
A. B-5 District - All uses, sixty (60) feet, except that the maximum height may not exceed
forty percent (40%) of the distance from any residential property line.
B. B-6 District - All uses, one hundred twenty (120) feet, except that the maximum height
may not exceed forty percent (40%) of the distance from any residential property line.
23B.8.2
Minimum Building Height: All uses, two (2) stories along the U.S. Highway 31 frontage, or
for uses not on the frontage, fourteen (14) feet, with a minimum of twelve (12) feet to the
lowest eaves for a building with a gable or hip roof. Any building or part of a building within
three hundred (300 feet) of the U.S. Highway 31 right-of-way shall be considered on the
frontage.
23B.8.3 Minimum Front Yard:
A. U.S. Highway 31 front yard: All uses, ninety (90) feet.
B. Parallel Road front yard: Same as underlying zoning.
23B.8.4 Minimum Side and Rear Yards: All uses, forty-five (45) feet.
23B.8.5 Minimum Aggregate of Side Yard: All uses, ninety (90) feet.
23B.8.6 Minimum Parcel Width: For all uses, the parcel width shall equal or exceed that amount
which is one-half (1/2) the depth of the parcel. However, if a parcel of land or subdivision lot
was recorded prior to April 21, 1980 (the "Effective Date"), and said parcel or lot does not
contain the minimum width required by this Paragraph, said parcel or lot ("Undersized Lot")
may be used for any use permitted in the U.S. Highway 31 Overlay Zone provided that:
( 1 ) At the time of recordation of the Undersized Lot or on the Effective Date, the
Undersized Lot met the requirements for minimum lot width then in effect for a lot in
the underlying primary zoning district(s);
(2) The owner of the Undersized Lot must include, up to the minimum parcel width, any
adjoining vacant land (not separated by a street or public way) owned, or owned by an
affiliate, on or before the Effective Date or at the time of application which, if
combined with the Undersized Lot, would create a parcel which conforms, or more
closely conforms, to the minimum parcel width requirements of this Paragraph, and
(3) All other development requirements applicable to the U.S. 31 Overlay Zone can be
met.
23B.8.7 Minimum Gross Floor Area: All buildings shall have a minimum of fifteen thousand
( 15,000) square feet of gross floor area, excluding the floor area of any basement or any
accessory building(s). Accessory buildings permitted need not meet the minimum floor area
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requirement. The intent of this minimum gross floor area requirement is to preclude small,
freestanding buildings and uses not in character with the Corridor.
23B.8.8 Maximum Parcel Coverage and Density:
A. Maximum Parcel Coverage shall be sixty-five percent (65%) of any parcel covered by a
DP. However, the Commission may, in its discretion, allow Parcel Coverage up to
seventy percent (70%) for any DP that exhibits extraordinary site design, landscaping
treatment, or site amenities or features, or that includes above or below-grade parking
facilities.
B,
Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by
dividing the total gross floor area of a building or buildings on any parcel by the area of
such parcel. However, the Commission may, in its discretion, allow a Floor Area Ratio
up to 0.80 for any DP that exhibits extraordinary site design, landscaping treatment, or
site amenities or features, or that includes above or below-grade parking facilities.
23B.9
Architectural Design Requirements:
In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway
31 Overlay Zone, factors to be considered by the Commission shall include but
are not limited to the following:
A. Scale and proportion: All building facades, including doors, windows, column spacing,
and signage shall be designed using the Golden Section, represented by the ratio 1:1.6, or
1.6:1.
B. Suitability of building materials: A minimum of three materials shall be used for building
exteriors, from the following list: stone, brick, architectural precast (panels or detailing),
architectural metal panels, glass, omamental metal.
C. All buildings shall be designed with a minimum of eight extemal comers, in order to
eliminate monotonous box buildings.
D. Building penthouses must be incorporated into the building facade design, including
exterior materials specifications.
E. Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof
plane, or gable or dormer. Sloped roofs shall be either standing seam metal or
dimensional shingles.
23B. 10 Landscaping Requirements.
23B.10.1 Landscaping Plan: A Landscaping Plan shall be submitted to the Plan Commission for its
approval at the same time other plans (i.e. architectural design, lighting, parking and signage)
are submitted. This plan (1) shall be drawn to scale, including dimensions and distances; (2)
shall delineate all existing and proposed structures, private parking areas, walks, ramps for
handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar structures;
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and (3) shall delineate the location, size and description of all landscape material and the
irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service
and private parking areas shall be designed as an integral and coordinated part of the
Landscape Plan for the entire tract.
23B. 10.2 Areas to be Landscaped.
A. Greenbelt:
( 1 ) The greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in width
and landscaped per the requirements of Section 23B.10.3 as well as per the U.S. 31
Corridor Master Plan.
(2) The greenbelt areas located along the Illinois Boulevard and Pennsylvania Parkway
rights-of-way, shall be a minimum width of ten (10) feet wide, and landscaped
pursuant to Section 23B. 10.3, and the recommendations of the U.S. 31 Corridor
Master Plan.
(3) Greenbelt areas shall be unoccupied except for plant material, steps, walks, terraces,
bike paths, driveways, lighting standards, signs, and other similar structures
(excluding a private parking area). Mounding and other innovative treatments are to
be especially encouraged in this area. Pedestrian walkways and bikeways are
encouraged to be incorporated into the greenbelt.
Bo
Planting Adjacem to Buildings:
( 1 ) A planting area equal to an area measuring twenty-five (25) feet in depth by the width
of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both
sides) shall be installed at the from of the building.
(2) A planting area equal to an area ten (10) feet in depth by the remaining sides of the
building shall be installed on all other sides of the building(s).
(3) Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not
occupy the entire area on any side of the building(s).
(4) If an approach driveway cuts into a planting area displaced by the driveway,
additional area shall be added to the building perimeter planting.
(5) These adj acem planting areas need not be rectangular in shape as long as the required
amount of space is landscaped; innovative and original designs are encouraged.
C,
Parking Lot Perimeter Planting: There shall be a peripheral landscaping strip five (5) feet
in depth located along the side of any private parking area which abuts any side or rear
property line.
De
Planting Within Parking Lots: All parking lot landscaping shall be of a quality to improve
and enhance the site and its surrounding area, representing no less than six percent (6%) of
the total surface parking area. Landscaping within parking lots shall occur in any
combination of planting islands, planting peninsulas and entranceways, and provide not
less than one (1) tree and ten (10) shrubs for each four hundred (400) square feet of
interior landscaped area. (For purposes of this computation, landscaping in the
greenbelt(s), adjacent to the building(s) and on the periphery of the tract shall not be
included.)
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E. Entry Drives: Same planting unit standards as on parallel roads.
F. Side Yard Landscaping: Planting unit shall include one ( 1 ) canopy tree, one ( 1 )
omamental tree, and two (2) evergreen trees per one hundred (100) lineal feet.
G. Buffering Adjacent to Residential Areas: Buffering shall occur per the Commission
guidelines for landscape buffering.
Total Landscaping Required: Inclusive of the greenbelt, the planting adjacent to the
building(s), the peripheral planting, and the planting within parking lots, a minimum of
fifteen percent (15%) of the tract shall be landscaped.
23 B. 10.3 Landscaping Standards.
A. Interior Areas: The dimensions, specifications and design of any planting area or planting
median shall be sufficient to protect the landscaping materials planted therein and to
provide for proper growth.
shall be used:
Canopy Trees:
Omamental Trees:
Shrubs (only):
The following minimum widths for interior planting areas
9 feet
7 feet
5 feet.
B. Greenbelt: Landscape design within the greenbelt areas shall be consistent with design
concepts in the U.S. 31 Corridor Master PlarL The primary landscaping materials used in
the greenbelt areas and adjacent to buildings shall be shade trees, omamental trees, shrubs,
ground covers, grasses, and flowers. A base planting unit of one hundred (100) linear feet
has been designated for the U.S 31 greenbelt which includes:
· Five (5) shade trees;
· Three ( 3 ) ornamental trees;
· Three (3) evergreen trees; and
· Fifteen (15) shrubs.
C. Illinois Boulevard and Pennsylvania Parkway: A base planting unit of one hundred (100)
linear feet has been designated for parallel roads which includes:
· Three (3) shade trees;
· Two (2) ornamental trees;
· Two (2) evergreen trees; and
· Ten (10) shrubs.
D. Parking Lot Perimeter Planting: The primary landscaping materials used in and around
private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges,
and other planting materials may be used to complement the landscaping, but shall not be
the sole contribution to the landscaping. A base planting unit of one hundred (100) linear
feet has been designated for this area which includes two (2) shade trees and thirty (30)
shrubs.
E. Materials: All plants proposed to be used in accordance with any landscaping plan shall
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meet the following specifications:
(1) Shade trees: a minimum trunk diameter of 2 1/2 inches at six (6) inches above the
ground line, a minimum height of eight (8) feet, and a branching height of not less
than 1/3 nor more than 1/2 of tree height.
(2) Omamental trees: a minimum trunk diameter of 11/2 inches at six (6) inches
above the ground line, a minimum height of six (6) feet, and a branching height of
not less than 1/3 nor more than 1/2 of tree height.
(3) Evergreen trees: a minimum height of eight (8) feet, a width of not less than 3/5
of the height.
(4) Deciduous shrubs: Minimum height of twenty-four (24) inches, with no less than
six (6) main branches upon planting.
(5) Evergreen shrubs: Minimum height and spread of twenty-four (24) inches.
F,
Preservation: Landscaping materials selected shall be appropriate to local growing and
climate conditions. Wherever appropriate, existing stands of trees should be preserved
and integrated into the DP.
23B.10.4 Landscaping Installation and Maintenance.
A. Installation: All required landscaping shall be installed prior to the issuance of a
Certificate of Occupancy by the Department. If it is not possible to install the required
landscaping because of weather conditions, the property owner shall post a bond for an
amount equal to the total cost of the required landscaping prior to the issuance of the Final
Certificate of Occupancy.
Maintenance: It shall be the responsibility of the owners and their agents to insure proper
maintenance of project landscaping approved in accordance with the development
requirements specified for this Overlay Zone. This is to include, but is not limited to,
irrigation and mulching of planting areas, replacing dead, diseased, or overgrown
plantings with identical varieties or a suitable substitute, and keeping the area free of
refuse, debris, rank vegetation and weeds.
Changes After Approval: No landscaping which has been approved by the Commission
may later be materially altered, eliminated or sacrificed, without first obtaining further
Commission approval. However, minor alterations in landscaping may be approved by
the Director in order to conform to specific site conditions.
D. Inspection: The Director shall have the authority to visit any tract within the U.S.
Highway 31 Overlay Zone to inspect the landscaping and check it against the approved
plan on file.
23B. 10.5 Tree Preservation: Sites with existing trees or stands of trees, should make reasonable
efforts to protect and incorporate them into the overall site design, including within greenbelt
areas, plantings adjacent to buildings, and project buffering.
23B.10.6 Public Art: Public art is encouraged provided it is placed outdoors in a location shown on
the plan that is visible to the public from either U.S. Highway 31, Pennsylvania Parkway, or
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Illinois Boulevard. The use of public art may make the project eligible for a site density
bonus as suggested in 23B.8.8.
23B.11
Parking Requirements:
A. Except as provided in Paragraph B, parking is prohibited between the U.S. 31 right-of-
way and the front set-back line of the building.
(1) Efforts to break up large expanses of pavement are to be encouraged by
the interspersing of appropriate planting areas wherever possible.
Pedestrian access to and through parking areas shall be provided in the DP along with
bicycle parking and access.
(2) The number of parking spaces required are established in Section 27, depending upon
the zoning and intended land use.
(3) There shall be an appropriate number of parking spaces, accessible to the building(s)
and identified as reserved for use by handicapped individuals, and these spaces shall
meet State requirements.
(4) Above grade, structured parking facilities shall have on all sides architectural features
that are compatible with the principal building(s) with which they are associated.
B. The Commission may, in its discretion, allow a minimal number of visitor or handicapped
parking spaces between the greenbelt and the front yard line.
23B. 12 Lighting Requirements:
A. A site lighting plan shall be submitted along with the DP. The site lighting plan shall
include the layout, spread and intensity of all site lighting, including:
(1) parking lot and service/storage area lighting;
(2) architectural, display lighting;
(3) security lighting;
(4) lighting of pedestrian and bicycle ways;
(5) landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of uniform design,
color and materials.
C. The maximum height of light standards shall not exceed twenty-five (25) feet high.
However, when light standards abut or fall within ninety (90) feet of a residential district
or use, they shall not exceed fifteen (15) feet.
D,
All site pole lights and wall mounted lights shall be low-level, 90° cutoff luminaires and
shall not spill over into adjoining properties in excess of 0.3 foot candles in commercial
areas, and 0. 1 footcandles in residential areas.
E,
Exterior architectural, display, decorative and sign lighting visible to the public from
either U.S. Highway 31, Pennsylvania Parkway, or Illinois Boulevard. the parallel
roadways shall be generated from concealed light source, low level light fixtures.
F. All pedestrian pathways, bicycle ways, parking lots and building entrances shall be a
US 31 OVERLAY ZONE Revised.doc 11/21/97
maximum of three (3) footcandles.
23B.13
Bicycle and Pedestrian Access: The DP should include specific provisions for
accommodating pedestrian and bicycle access, circulation and amenities into the
development. This shall include design considerations related to the site and its own parking,
buildings and amenities as well as consideration for linking pedestrian and bicycle facilities
and features to adjacent development, the U.S. 31 Corridor, and the community' s overall
system of bicycle and pedestrian trails and routes.
23B.14
Access to Individual Tracts: As U.S. Highway 31 is a limited access highway, and as access
to individual tracts along this highway is either not in existence or not clearly defined in many
cases, access roads will need to be built. In order to preserve the aesthetic benefits provided
by the greenbelt, access roads shall be provided at the rear of all tracts, whenever possible.
Access roads to contiguous tracts shall be coordinated so as to form one main access road
serving adjoining developments. These roads should be designed so as to funnel traffic onto
major arterial roads rather than into residential areas and roads which may adjoin or be near
this Overlay Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular
access, greenbelt design and parking.
23B.15 Other ADLS Requirements.
23B.15.1 Outside Storage of Refuse: No outside, unenclosed storage of refuse (whether or not in
containers) or display of merchandise shall be permitted on any tract. All refuse shall be
contained completely within the principal or accessory building(s). Any accessory structure
designed for refuse storage shall be architecturally compatible with the principal building.
23B.15.2 Loading Berths: Loading berth requirements shall be specified in the underlying primary
zoning district(s), except that any loading or unloading berth or bay visible from U.S.
Highway 31 shall be screened.
23B. 15.3 Additions to Existing Residential: Uses and detached structures accessory to single-family
dwelling units are permitted provided that the use and/or structure meets the requirements of
the underlying primary zoning district. Additionally, any detached structure must: ( 1 ) be of compatible architectural design with the principal structure;
(2) be set back thirty (30) feet from the right-of-way line nearest to and running most
parallel with U.S. Highway 31; and
(3) be accompanied by adequate adjacent landscaping.
23B. 16 Application Procedure.
23B. 16.1 Consultation with Director and Application: Applicants shall meet with the Director to
review the zoning classification of their site, review the regulatory ordinances and materials,
review the procedures and examine the proposed use and development of the property. The
Director shall aid and advise the applicant in preparing his application and supporting
documents as necessary. The applicant shall submit two (2) copies of the written application
form; two (2) copies of the DP and/or the required information on architectural design,
US 31 OVERLAY ZONE Revised.doc 11/21/97 11
landscaping, parking, signage, lighting and access (ADLS), as well as all necessary supporting
documents and materials. Filing fees shall not be required for applications for additions to
residential housing required to be reviewed under this Section 23B.
23B.16.2 Initial Review; Submission to the Commission: Following the receipt of the written
application, DP and/or the required information on architectural design, landscaping, parking,
signage, lighting and access (ADLS), and necessary supporting documents and/or materials by
the Director, he shall then review the materials solely for the purpose of determining whether
the application is complete, in technical compliance with all applicable ordinances, laws and
regulations and is to be forwarded to the Commission. If the materials submitted by the
applicant are not complete, or do not comply with the necessary legal requirements, the
Director shall inform the applicant of the deficiencies in said materials. Unless and until the
Director 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. Within twenty (20) days of the formal acceptance of the
application by the Director, he shall formally file the application by placing it upon the agenda
of the Commission, according to the Commission's Rules of Procedure. The applicant shall
file for each Commission member a copy of the DP and/or ADLS plans and supporting
documents and/or materials.
23 B. 16.3 Approval or Denial of the Application by the Commission:
A. An approved DP or ADLS petition shall be valid for two (2) years from the date of
approval. If construction of the building(s) has (have) not started at the end of the two (2)
year period, the DP and/or ADLS request must be re-submitted to the Commission.
B. If the DP and/or ADLS plans is (are) materially changed in any way, resubmission to the
Commission per Section 23 B.2 is required.
C. If an ADLS petition is denied by the Commission, the Commission shall provide the
applicant with a written copy of said reasons, if requested.
23B.16.4 Reservation of Land for Pending State Highway Improvements:
A. In addition to the development requirements specified in Sections 23 B.3 through 23 B.8, a
DP must reserve for acquisition by the State of Indiana all land that the State expects to
need for pending improvements to U.S. Highway 31, as shown on plans developed for the
Indiana Department of Transportation by the consulting firm Bernardin, Lochmueller and
Associates. An applicant must notify in writing the Commissioner of the Indiana
Department of Transportation of any proposed DP that includes land within the projected
right-of-way for those pending improvements.
B,
Whenever an applicant believes that the reservation of such land as required by Paragraph
A would result in the loss of all reasonable and beneficial use of or return from the
applicant's property, then the applicant may request an Economic Hardship Exception
from the terms of Paragraph A. Upon receipt of a request for an Economic Hardship
Exception, the Commission shall hold a public hearing on such request. The hearing may
not be held until at least ninety (90) days after the applicant has notified the Commissioner
US 31 OVERLAY ZONE Revised.doc 11/21/97 12
of the Indiana Department of Transportation of the proposed DP as described above in
Paragraph A. In determining whether to grant an Economic Hardship Exception, the
Commission may consider the following criteria:
( 1 ) the applicant's knowledge of the State' s plans at the time of acquisition;
(2) the current level of economic return on the property, including the date of
purchase, the purchase price, income from the property, any remaining mortgage
debt, real estate taxes, and recent appraisals of the property;
(3) any recent offers for sale 6r purchase, including offers to purchase which the State
itself may have made;
(4) the feasibility of profitable alternative uses for the property; and
(5) whether the State can reasonably be expected to provide just compensation to the
applicant for any taking of the applicant' s property within one ( 1 ) year from the
date of the Commission' s decision.
C,
An applicant for an Economic Hardship Exception must prove by clear and convincing
evidence both ( 1 ) that the existing use (if any) of the applicant' s property is economically
infeasible; and (2) that, if the terms of Paragraph A are applied to the property, the sale,
rental, or rehabilitation of the property will not be possible, resulting in the property not
being capable of earning any reasonable economic return. The Commission's decision
must be in writing and must contain the factual findings that constitute the basis for its
decision, consistent with the criteria in Paragraph B.
D. This Section 23B.16.4 expires December 31, 2002.
oPfAS~~: the Common Council et~~' e ' 's
ATTEST:
Diana L. Cordray, C1 rer
Presented by me to the Mayor of the City of Carmel, Indiana, this
19 t~ 7 ' at 7 o'clock.
Diana L. Cordray, -
day of
Approved by me, Mayor of thefCity of Carmel, Indiana, this/~5' day of
ainard, Mayor
,19
ATTEST:
Diana L. Cordray, er
US 31 OVERLAY ZONE Revised.doc 11/21/97 14
CERTIFICATION OF PLAN COMMISSION'S
RECOMMENDATION ON ORDINANCE
TO CHANGE THE OFFICIAL ZONING
MAP FOR THE CITY OF CARMEL AND
CLAY TOWNSHIP PURSUANT TO
INDIANA CODE 36-7-4-605
To:
The Honorable Common Council
of the City of Cartel, Hamilton
County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on an Ordinance
Amendment dealing with the U.S. 31 Overlay Zone based on recommendations of the
U.S. 31 Task Force:
The Cannel/Clay Plan Commission made a FAVORABLE recommendation on the
Amendment to the Zoning Ordinance Amendment Section 23B.0 U.S. FIIGHWAY 31
OVERLAY ZONE as per the attached Amendment, with the condition that under
Subsection 23B.15.4 relating to Economic Hardship Exception, Notice will be given to
the State 90 days prior to the hearing of an Economic Hardship Hearing before the
Cannel/Clay Plan Commission.
At its regularly scheduled meeting of November 18, 1997, the Carmet/Clay Plan
Commission accepted the recommendations of the U.S. 31 Task Force dealing with
Section 23B.0 U.S. Highway 31 Overlay Zone, by a unanimous vote of 13 in favor with
the condition noted above.
CARMEL/CLAY PLAN COMMISSION
' i-I.K. Th%mpson, Pr~mC2~'e2nt
NOV 2 0 1991
CERTIFICATION OF PLAN COMMISSION'S
RECOMMENDATION ON ORDINANCE
TO CHANGE TIlE OFFICIAL ZONING
MAP FOR ~ CITY OF CARMEL AND
CLAY TOWNSHIP PURSUANT TO
INDIANA CODE 56-7-4-605
To:
The Honorable Common Council
of the City of Carmel, Hamikon
County, Indiana
Dear Members:
The Cannel/Clay Plan Commission offers you the following report on an Ordinance
Amendment dealing with the U.S. 5 10ve~ay Zone based on recommendations of the
U.S. 3 1 Task Force:
The Carmet/Clay Plan Commission made a FAVORABLE recommendation on the
Amendment to the Zoning Ordinance Amendment Section 25B.0 U.S. [tlGH'WAY 31
OVERLAY ZONE as per the attached Amendment, with the condition that under
Subsection 23B.15.4 relating to Economic Hardship Exception, Notice will be given to
the State 90 days prior to the hearing of an Economic Hardship Hearing before the
Cannel/Clay Plan Commission.
At its regularly scheduled meeting of November 18, 1997, the Cannel/Clay Plan
Commission accepted the recommendations of the U.S. 31 Task Force dealing with
Section 23B.0 U.S. Highway 31 Overlay Zone, by a unanimous vote of 13 in favor with
the condition noted above.
CARMEL/CLAY PLAN COMMISSION
NOV 2 0 1997