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HomeMy WebLinkAboutZ-348 C-2 Old Town DistrictPROPOSED ADDITION TO ZONING ORDINANCE Ordinance No. AN ORDINANCE TO AMEND THE CARMEL CLAY ZONING ORDiNANCE BY CREATiNG A NEW ZONING DISTRICT TO BE KNOWN AS THE C-2 OLD TOWN DISTRICT 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 Cannel 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 Carmel Redevelopmeat Commission, with due regard to such Comprehensive Plan, has proposed the creation of a new zoning district (C-2) to promote property values and mercantile opportunities in the Downtown area of the City of Carmel popularly known as Old Town; and WHEREAS, the purpose of the C-2 District is to create and protect land areas for the redevelopmeat of parcels in the Old Town area; and WHEREAS, the Common Council of the City of Carmel finds that it is reasonable 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 creating such a new zoning district to facilitate redevelopment of the Old Town area; 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 Camel Clay Plan Commission, it hereby adopts this Ordinance to add Section 20F (C-2 Old Town District) to the Carmel/Clay Zoning Ordinance Z-289, as amended, to read as follows: 20F.0 C-2 Old Town District 20F.O.I Purooseandlntent The purpose of the C-2 Old Town District is to create and protect land areas for the redevelopment of parcels in the Downtown area of the City popularly known as Old Town. The intent of the City of Carmel is that all redevelopment proposals for this area should incorporate significant civic value and mercantile activity and provide opportunities to improve the fabric of the urban setting. It is further intended that the availability of C-2 zoning in this area should foster a successful public/private relationship between the City of Carmel and prospective developers, while ensuring the compatibility of any redevelopmeat proposals with existing building codes and zoning regulations. As part of its efforts to redevelop the Old Town area, the City of Carmel has undertaken a significant streetscape improvement project, and determined several desirable "footprint" localions, along with public street access points and public space set-a-sides. The City 20F-1 PROPOSED ADDITION TO ZONING ORDINANCE further intends to facilitate the conversion of all utility and private communications lines and equipment to underground service in the C-2 zoning district. 20F.0.2 20F.0.3 Tract Reauirements Land areas shall be rezoned C-2 only upon application by the City of Carmel itself. All activities associated with commercial, transportation, service, office and residential activities shall be conducted within completely enclosed buildings in such a manner that any nuisance factors are not emitted outside of the building. ADnroval of Development Plan In conjunction with its application to fezone any real property to the C-2 zoning district, the City of Carmel shall submit a Development Plan that includes the following development requirements for that property: architectural design, exterior lighting, landscaping and signage (ADLS). 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 under IC 36-7-4-613. 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. The approval or disapproval of a Development Plan by the Director under this Section 20F.0.3 is a final decision of the Commission that may be reviewed only as provided in IC 36-7-4-101& After initial approval of the architectural design, exterior lighting, landscaping and signage (ADLS) under this section 20F.0.3, the ADLS shall not be materially or substantially changed or altered without the prior approval of the Commission under its rules of procedure. 20F, 1 Permitted Uses: Commercial (Retail) Sales General Offices Residential uses Restaurant Enclosed accessory uses which are incidental to, maintained on the same lot and directly associated with the operation of a permitted use, including recreational areas for employees and lodging facilities for owners, guards or caretakers 20F. 1.1 Minimum Area Requirements: None. 20F.1.2 Other Recluirements: None. 20F.2 Permitted Special Uses: (See Section 21.0 for additional regulations.) Other uses similar and comparable to the above permitted uses 20F.2.1 Minimum Area Requirements: None. 20F.2.2 Other Recluirements: None. 20F-2 PROPOSED &DDITION TO ZONING OIIDINANCE 20F.3 Accessor~ Buildings (See Section 25.0 for additional requirements.) Accessory buildings shall not be allowed except pursuant to a developmental standards variance. 20F.4 Hei~,ht and Area Recluirements (See Section 26.0 for additional requirements.) 20F.4.1 Maximum Height: forty-five (45) feet, comprising no more than three (3) stories. Floor-to-ceiling height shall be a minimum often (10) feet at the first story and eight (8) feet at the second and third stories. 20F.5 Slreetscat~e and Landscanin~ Requirements 20F.5.1 Generally: Each owner shall make a wrirten commitment to abide by the City of Camel Old Town Streetscape Standards, as promulgated from time to time, on all sidewalk areas that are adjacent to existing and proposed streets in the C-2 District. 20F.5.2 Landscal~in~ Installation and Maintenance Installation. All required landscaping pursuant to the ADLS approval shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Services Administrator. 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 the landscaping, in accordance with the standards set forth in the Development Plan. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris. 20F.6 FencinR; Dumpsters and Refuse Areas 20F.6.1 Fencing shall not be allowed except pursuant to a developmental standards variance. 20F.6.2 Each building shall provided a fully screened and gated dumpster or a refuse area of sufficient size to fully enclose and contain all dumpsters and compaction units. The screened area shall be connected to the main structure in such a way that no refuse is moved across the site before it is removed by a refuse service. However, if it is not feasible for the required dumpster or compaction unit to be connected to the main structure, then it shall be enclosed and screened with a combination of brick masonry walls and landscaping. 20F,7 Parking 20F.7.1 Notwithstanding Section 27.0.E of the Zoning Ordinance, the minimum number of parking spaces to be provided in the C-2 District shall be computed as follows: (a) 1.5 spaces per dwelling unit; and (b) 4 spaces per 1,000 square feet of retail floor space. Except as provided in Section 20F.7.2 below, the rules set forth in Section 27.0.A through 27.0.D of the Zoning Ordinance shall apply in computing the number of required parking spaces, and in 20F-3 20F.7.2 determining the location and construction thereof. Off-street parking areas for two (2) or more different uses may be provided collectively, if the total number of spaces provided is not less than the total of the minimum required spaces for each individual use. Combined parking shall be designed and constructed so as to create a desirable, efficient and well planned off-street parking area with functional and aesthetic value, attractiveness and compatibility with adjacent land uses. Sharing of off-street parking areas is permitted where it is proved that two (2) adjacent buildings have uses that require parking at complementary times of the day or days of the week. In addition, on-street parking spaces may, if available and adjacent to the lot of the use, be counted as part of the total parking spaces required by this Section 20F.7. 20F.8 Architectural DesiKn Requirements In reviewing the architectural design of building(s) proposed to be constructed or reconstructed in the C-2 District, factors to be considered by the Commission or staff shall include but not be limited to the following: 20F.8.1 Roo~ines shall be articulated as to break down the repetition of facade. No single roofline may extend more than sixty (60) feet uninterrupted. Roofline transitions shall have a minimum difference in height of four (4) feet. Sloped roofs shall utilize simulated "slate line" shingles. The roofline edge at non-sloped roofs on facade elevations fronting the public street shall have a minimum of two (2) feet of cornice articulation. 20F.8.2 All buildings shall have square comers. Projections of a maximum of two (2) feet into the public right-of-way above the first story are permitted. 20F.8.3 The first story of each building shall be accessible directly from the sidewalk without steps or ramps. 20F.8.4 The street side building facade shall be primarily brick masonry, cut stone, or a combination of such materials. Any building facade oriented to a parking or loading area may be of horizontal painted wood siding. FaCade articulations on facade elevations fronting the public street shall be returned at roofline transitions a minimum of every eight (8) feet. 20F.8.5 On all fagade elevations fronting public streets, including end walls: Windows and/or doors shall occur at maximum sixteen (16) foot intervals, and shall be aligned vertically through all stories of the elevation; windows not on the first story shall have divided lights; each window shall be a minimum of three (3) feet wide and five (5) feet tall; windows within individual faqade segments shall be the same size; window heads shall incorporate masonry articulation as appropriate to individual facade segments; windows shall have limestone sills; the first story may incorporate storefront materials for retail display; windows shall be painted wood with insulated glazing; if canvas awnings are utilized, the awnings at the first story may protect more than one (1) window and an entry, but may not extend uninterrupted across individual facade segments, and awnings above the first story may not protect more than one (1) individual window. ay of ~/. PASSED by the Common Council of the City of Carreel, Indiana this I~,B~d '~ bfft ~. w', 2000, by a vote of · . Council 20F-4 PROPOSED ADDITION TO ZONING ORDINANCE ,-,,_-~-"j'~hn Koven ATTEST: Presented by me to the Mayor of the City of Carmel, Indiana, this /~)*"day of % [, ~ r/,~ t it; 2000, at J/Bs B~rainar~l, Mayor 2000. ATTEST: 20F-5 TOl CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION TO AMEND ~ CARMEL CLAY ZONING ORDINANCE 7?289, TO CRANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSFHP PURSUANT TO INDIANA CODE 36-7-4-605 The Honorable Common Council of the City of Carrnel, Hamilton County, Indiana Dear Members: The Cannel/Clay Plan Commission offers you the following report on an Ordinance Amendment to change the official Zoning Map for the City of Carmel and Clay Township: The proposed amendment would create a new zone district, "C-2, City Center District," to create and protect land areas for the redevelopment of parcels in Old Town Carrnel consistent with plans approved by the Cannel Redevelopment Commission for mixed-use, multi-story buildings designed to meet the housing and economic needs of the Cannel community. The Cannel/Clay Plan Commission's recommendation on the Ordinance Amendment is FAVORABLE. At its regularly scheduled meeting held June 20, 2000, the Cannel/Clay Plan Commission approved the Ordinance Amendment by a vote of 13 in favor, none opposed, none abstaining. CARMEL/CLAY PLAN COMMISSION avi . remeans, Presi ent ~ECEIVED DATED: June 30, 2000 LINE COUNT General Form No. 99P (Revised 2000] PUBLISHER'S CLAIM Display Matter {Must not exceed two actual lines, neither of which shall total more than four solid lines of t!~pe in which the body of the advertisment is set) -- number of equivalent lines ........................ Head - number of lines ............................................. Body -- number of lines ............................................. Taft -- number of lines .............................................. Total number of lines in notice ' COMPUTATION OF CHARGES 3 e,.-,s 3 ¢ e,ui .nt lines at, ~ , ts per mine ......................................... Additional charge for notices containing rule or tabular work (50 percent of above mount) ..................................... Charge for extra proofs of publication [$1.00 for each proof in excess of two] ............................................... 'IYYI'AL A1VIOUI'~rF OF CIAh'V[ ...................................... $ · DATA FOR COMPUTING COST Width of single column 7. y ewe Number of insertions . / Size of type /~ . point Pursuant to the provisions and penalties of Chapter 155. Acts 1953, I hereby certify that the foregoing account is Just and correct,' that the mount claimed is legally due, after allowing all Just credits. and that no part of the same has Date c~'/7 NOTICE TS TAXPAYERS CARME~ INDIANA NOTICE OF PUBLIC HEARING TO AMEND THE CARMEL PUBLISHER'S AFFIDAVIT State of Indiana Hamilton County Personally appeared before me, a notary public in and for said county and state, the undersigned David L Lewis who, being duly sworn, says that he is Pabllsher of The Daily I~dg~r a daily newspaper of general circulation print- ed and published in the English language in the town of FIshers in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for .... ] time.. , the date of pub- licatlon being as follows: Type Size 5.5 6 6.'3 7 7.5 8 9 10 12 Rate/Square LEGAL ADVERTISING TABLE SHOWING PRICE PER LINE AND PER INSERTION , ~ ' ~ 7.4 Em Column · Number of Insertions 0.274 0.409 0.546 0.681 0.251 0.375 0.500 0.625 0.232 0,346 0.462 0.577 0.215 0.322 0.429 0.535 0.201 0.300 0.460 0.500 0.188 0.281 0,375 0.468 0. 167 0.250 0.333 0.416 0.151 0.225 0.300 0.375 0,126 0.188 0.250 0.312 4.24 6.34 8.45 10.55 CLAy CLAy~ d, :/v ~/ ,~",~'-/x /~-"-' PROOF OF PUBLICATION Dr4. ~ - ~ ¢~ the ~b~sher. 'of ~e Topics N~spapers, the newspaper of gene~ Ncwspape~ have been publ~hed commuously for more ~an ~e ~m l~t p~t. m ~ co~es ~d state; ~at ~e No~e ~ pub~ca~ n~spaper.... which pub~ca~o~ we~ ride ~ fo~o~: ........................... ............................ And that all of said publications were made In full compliance with ~..,.~.~.....%...o. 2%t~,~o. me .. ....../..~ ........dsy ..?~.~...~~ .........