HomeMy WebLinkAboutZ-340 US 31 OverlayOrdinance No. Z-340
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 Cannel 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 Carreel Clay Plan Commission had prepared a Comprehensive Plan Amendment, which
dealt specifically with issues of the U.S. Highway 31 Corridor, and created policies and objectives to better
position the Corridor for future development; and
WHEREAS, the Comprehensive Plan Amendment was approved and recommended by the Carmel Clay
Plan Commission on June 17, 1997, and duly approved by resolution of the Common Council on July 7, 1997,
and
WHEREAS, which Common Council finds that, after giving due consideration to the general policy and
pattern of development set out in the Comprehensive Plan and the 1997 Comprehensive Plan Amendment, for
that part of the community commonly known as the Cannel 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 Cannel 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
Cannel and Clay Township by establishing development requirements that must be satisfied before the Cannel
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 36-74-600 et seq. and IC 36-7-4-1400 et seq. and after having a received a favorable
recommendation from the Cannel Clay Plan Commission, it hereby adopts this Ordinance to restate and amend
Section 23B (U.S. Highway 31 Overlay Zone) of the Cannel/Clay Zoning Ordinance Z-289, as amended, to
read as follows:
23B.0 U.S. HIGHWAY 31 OVERLAY ZONE
23B.0.1 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. High~vay 31 (also known
as the Cannel Meridian Corridor) in Clay Township, Hamilton County, Indiana. The Commission
and Council, in establishing this zone, are relying on IC 36-74-600 et seq. and IC 36-74-1400 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 business corridor to the City of Carmel and Clay Township. The
U.S. Highway 31 Corridor is a premier office location and emplo,vment 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
Ove~ay Zone to preserve the aesthetic qualities of those bordering properties through: (1) the
promotion of coordinated development in the U.S. Highway 31 Ove~ay 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.
23B.1
DISTRICT BOUNDARIES: The boundaries of the U.S. Highway 31 Overlay Zone are hereby
established as follows:
A,
Beginning at north right-of-way line of 961h Street and extending to the north right-of-way line
of Interstate Highway 465, the boundary shall follow the centerlines of Spring Mill Road on the
west and College Avenue on the east.
B,
Beginning at north right-of-way line of Interstate Highway 465 and extending to the south right-
of-way line of 13 1 st Street, the boundary shall follow the centerlines of the proposed or
constructed parallel roads, namely Pennsylvania Street on the east, and Illinois Street (and
Meridian Comers Boulevard) on the west.
C,
From the south right-of-way line of 13 1st Street to the south right-of-way line of 146th Street, or
the southern boundary of any TIF District that is contiguous to 146 Street, the boundary shall,
(unless otherwise shown on the official Zoning Map) include all land that is within six hundred
(600) feet of the right-of-way for U.S. Highway 31.
23B.2
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.
B,
A public heating 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 structures which:
(1) Are attached to the existing structure;
(2) Continue the architectural design of the existing structure, including exterior color and
materials; doors and windows, other detailing;
(3) Meet with requirements of the underlying primary zoning district; and
(4) Do not exceed twenty percent (20%) of the original gross floor area of the existing
structure, applicable from the date of this ordinance, and,
(5) Have received a prior ADLS approval from the Plan Commission.
C,
The Commission shall review a DP application to determine if the DP satisfies the development
requirements specified in Sections 23B.3 through 23B.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;
Eo
G,
(s)
(9)
(lo)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
Vehicle and bicycle parking facilities and internal site circulation;
Special and general easements for public or private use;
On-site and off-site surface and subsurface storm water drainage including drainage
calculations;
On-site and off-site utilities;
The means and impact of sanitary sewage disposal and water supply techniques;
Dedication of streets and fights-of-way, or reservation of land to be sold to governmental
authorities for future development of streets and fights-of-way;
Proposed setbacks, site landscaping and screening, and compatibility with existing platted
residential uses;
Project signage;
Protective restrictions and/or covenants;
Compatibility of proposed project with existing development within the U.S. Highway 3 1
Corridor; and
Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan, including the Thoroughfare Plan.
The Commission shall make written findings concerning 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 an ADLS may be reviewed and approved by a committee of the Commission
according to their Rules of Procedure. However, any interested party may appeal the decision of
the committee directly to the Commission.
Except as provided in paragraph 'B' above, for all projects in the U.S. Highway 31 Ove~ay
Zone, the Commission shall review and approve the architectural design, landscaping, lighting,
signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to
Sections 23B.9 through 23B. 15, and such approvals 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.
The Commission may, after a public hearing, grant a Plan Commission Waiver of certain
Development Requirements of this Chapter, so noted within. Any approval to permit such a
waiver shall be subject to the following criteria:
(1) The proposal shall be in harmony with the purposes and the land-use standards contained
in this Chapter;
(2) The proposal shall enhance the overall Development Plan, the adjoining streetscapes and
neighborhoods, and the overall U.S. 3 1 Corridor.
(3) The proposal shall not produce a site plan or street/circulation system that would be
impractical or detract from the appearance of the Development Plan and the U.S. 3 1
Corridor, and shall not adversely affect emergency vehicle access or deprive adjoining
properties of adequate light and air.
(4) The proposal exhibits extraordinary site design characteristics, including, but not limited to:
Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or
mass transit, reduced surface parking coupled with provisions for above or below ground
parking facilities.
In granting a waiver, the Commission may impose such conditions that will, in its judgment,
secure the purposes of this Chapter. This paragraph does not affect the right of an applicant
under Indiana law to petition the Board for a variance from development standards, as provided
in IC 36-7-4-918.5 and this Zoning Ordinance.
23B .3
PERMITFED 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 Ove~ay Zone. In
addition, Office Buildings and Full Service Hotels are permitted in the U.S. 31 Overlay Zone
between the north right-of-way line of I465 and 136~ Street, whether or not they are permitted in
the unde~ying primary zoning district(s).
23B.4 PERMITTED SPECIAL USES: There shall be no special uses permitted in the U.S. Highway 31
Overlay Zone.
23B.5.1
EXCLUDED USES: Amusement park;
Automobile service station or filling station;
Bulk storage of petroleum products;
Carnivals, fairs, circuses
Disposal or storage of hazardous or radioactive materials;
Fast food restaurants; drive-th~ window food sales;
Garbage disposal plant/sanitary landfill;
Go-cart track;
Hotel
Industrial uses - heavy,
Commercial kennel;
Miniature golf;
Motel;
Penal or correctional institution;
Reclaiming processes involving materials and/or chemicals
that are considered dangerous by the State of Indiana,
Hamilton CounW or the City
Reth~ing or manufacturing asphalt, cement, ~psttm, lime,
wood preservatives;
Roadside sales stand; parking lot or outdoor temporary sales
Self-storage/mini-warehouse facilities;
Single-family residence;
Stock yards, slaughtering, leather curing and tanning;
Water slide.
Automobile sales or leasing;
Boat sales;
Car wash;
Commercial warehouse storage;
Equipment sales or repair,
Flea market;
Fertilizer manufacturing;
Grain elevator;
Junk and/or salvage yard;
Manufactured housing sales;
Mobile home court;
Movie theater (indoor & outdoor);
Plant nursery;
Refining or manufacturing of petroleum products
Retail uses comprising more than fifteen percent
(15%) of the DP, (must conibm to 23B.5.2 below).
Sand and gravel extraction or sales;
Sexually oriented business;
Small engine sales or repair,
Truck stop;
23B.5.2
RETAIL USES: Retail Uses may be included in one or more buildings within a DP, subject to the
following:
A,
Retail Uses may comprise up to:
(1) fifteen percent (15%) of the Gross Floor Area (GFA) of any building; or,
(2) Up to thirty percent (30%) of the GFA of one building may be retail uses, provided that:
(a) Total square footage of retail uses designated in the development plan does not exceed
fifteen percent (15%) of the GFA of all buildings combined; or,
(b) Retail uses over fifteen percent (15%) of the GFA of anv one building be located on
the ground floor or below grade.
B. The Commission may grant a waiver to allow retail use to be located on floors other than
ground or below-grade, pursuant to the criteria found in Section 23B.2.G.
23B.5.3
RETAIL USES LISTED: For purposes of this Section 23B.5, all uses permitted in the B-8 District
(Section 19.1) except for uses permitted in the B-5 District (Section 16.1) shall be considered retail
uses.
23B.6
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 attached or detached
Accessory Building in any DP/ADLS shall have on all sides the same building proportions,
architectural features, construction materials, and in general be architecturally compatible with the
Principal Building(s) with which it is associated.
23B.7
M1NhMUM TRACT SIZE:
A. ExCept as provided in Paragraph C, below, 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 Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Ove~ay
Zone, a DP shall be submitted to the Commission for the entire tract. Wherever there exists a
conflict between the requirements of the underlying zoning and those of the U.S. 31 Overlay
Zone, the requirements for the U.S. 31 Overlay Zone shall prevail.
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. 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 size then in effect for a lot in the underl.ving
primary zoning district(s);
(2) The owner of the Undersized Lot must include 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 requirements of this Paragraph; and
(3) All other requirements applicable to the U.S. 31 Overlay Zone can be met.
D,
Section 23B.7 does not preclude the sale or other transfer of any parcel of land within a Parent
Tract after the approval of a Development Plan (DP) for the entire tract. However, the
development of the parcel must still conform to the DP for the Parent Tract as approved or
amended by the Commission, and all other applicable requirements contained in the Zoning
Ordinance.
23B.8
HEIGHT AND YARD REQUIREMENTS. The purpose of this section is to provide site
design requirements that align buildings along the edges of a parcel, towards the public right-of-
way of the U.S. 31 Corridor, and, where applicable, the Pennsylvania/Illinois Street Corridors. It
is the intent of these regulations to orient new buildings with their longest axis parallel to the
adjoining highway or street to create a sense of enclosure along the streets, with parking located to
the rear, and, if necessary, to the side of a building.
23B.8.1 BUILD-TO-LINES:
23 .B.8.2
23B.8.3
23B.8.4
A. Except as allowed in "B" below, all Principal Buildings shall be located on the U.S. 31 Comdor
Build-to-Line, defined in 'C' below.
Bo
For Development Plans on Through Lots with two or more Principal Buildings (buildings), up
to one-half (1/2) of the buildings may be placed on the Pennsylvania/Illinois Corridor Build-to-
line instead of the U.S. 31 Build-to-line.
Dimensional requirements for Build-to-lines shall be measured from the highway or street
Right-of-way line:
( 1 ) U.S. 31 Comdor: nmeW (90) feet
(2) Pennsylvania/Illinois Comdor: twenty (20) feet
D. Principal Buildings that are also located adjacent to any arterial or parkway (e.g. 96m Street or
116m Street) shall be sited consistent with the Building Setback Line of the underl,ving zoning.
MINIMUM SIDE AND REAR YARDS:
A. Forty-five (45) feet when located adjacent to any residential use or zone.
B. Fifteen (15) feet when located adjacent to business use or business zone.
BUILDING HEIGHT: As specified in the underlying primary zoning district(s), except as follows:
MINIMUM BUILDING HEIGHT:
(1) All uses along U.S. 31; thirty-eight (38) feet.
(2) All uses along Pennsylvania/Illinois corridors, or adjoining arterial/parkway; twenty-six
(26) feet.
MAXIMUM BUILDING HEIGHTS: As specified in the underlying primal, zoning district(s),
except as follows:
(1) B-5 District- Between 1465 and 13 1,t Street: eighty (80) feet, except that the maximum
height may not exceed forty. percent (40%) of the distance from any residential use or zone.
(2) B-6 District - All uses, between I465 and 13 1st Street: one hundred fit~ (150) feet, except
that the maximum height may not exceed forty percent (40%) of the distance from any
residential use or zone.
(3) Maximum height for all buildings along Pennsylvania Street and Illinois Street frontages
shall be fifty-five (55) feet.
MINIMUM PARCEL WIDTH: For all uses, the parcel width shall equal or exceed that mount
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. 31 Overlay Zone provided that:
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);
B. 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
C. All other Development Requirements applicable to the U.S. 31 Ove~ay Zone can be met.
23B.8.5
MINIMUM GROSS FLOOR AREA: All buildings shall have a miramum of fifmen 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 this minimum floor area 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.8.6 MAXIMUM PARCEL COVERAGE AND DENSITY:
A. Maximum Parcel Coverage shall be sixty-five percent (65%) of any parcel covered by a DP.
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.
23 .B.8.7
WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and
quantitative standards of this section, 23 .B . 8, by not greater than thirty-five (35) percent, consistent
with requirements set forth in Section 23B.2.G.
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 not be limited to the following:
Context: All buildings shall be designed with respect to the general character of the U.S. 31
Corridor and, particularly, with due consideration to buildings located on lots that abut the
project site.
B. 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.
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, ornamental
metal. Large expanses of glass are allowed, up to 70% of the facade area. The building may not
be constructed entirely of a metal and glass curtain wall. Concrete block is not allowed as an
exterior finish material.
D. All buildings shall be designed with a minimum of eight extemal comers, in order to eliminate
box buildings.
E. Building penthouses must be incorporated into the building facade design,. including exterior
materials specifications.
F. Sloped roofs shall not exceed 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.
G. Exhibits. The following architectural exhibits shall be provided to the Commission in addition
to normal submission requirement of any DP or ADLS application:
( 1 )A Site Plan showing the proposed building in the context of adjoining buildings, including
buildings across U.S. 31.
(2) Perspective computer enhanced color renderings showing the proposed building, signage,
parking areas (shown loaded) and any displays within the context of the actual existing site
conditions, including how it will look from any adjoining residential areas, as well from as
three locations, whose distance is no less than 300 linear feet away, nor more than 1000
linear feet away (from the property line), along U.S. 31:
(a) U.S. 31 Southbound lane
(b) Immediately across the highway, from approximately first floor level
(c) U.S. 31 Northbound lane
(3) Golden section analysis, providing building elevations which define how the proposed
building has been designed utilizing the proper ratio.
WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and
quantitative standards of this section, 23 .B.9 by not greater than thirty-five (35) percent,
consistent with requirements set forth in Section 23B.2.G.
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 shall:
A. Be dram to scale, including dimensions and distances;
B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for
handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar structures;
Delineate the location, size and description of all plant 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/coordinated part of the Landscape Plan for the entire lot.
23B.10.2 LANDSCAPE AREA REQUIREMENTS
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 23 B. 10. 3 . B
(2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces, bike
paths, lighting standards, signs, and other similar structures (excluding a private parking
area). Mounding and other innovative treatments are to be encouraged in this area.
(3) A base-planting unit for each one hundred (100) linear foot increment of the Greenbelt has
been designated, as follows:
(a) Five (5) shade trees;
(b) Three (3) ornamental trees;
(c) Fif[een (15) shrubs or, three (3) evergreen trees;
Planting Strip:
(1) A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to any
Collector or Arterial Street, or Parkway right-of-way within the U.S. 31 Overlay Zone.
(2) Adjacent to an Entry Drive. Minimum width ten (10) feet.
(3) Adjacent to any parking area, minimum width as follows:
(a) 5' wide when adjacent to business zoned property.
C,
(4)
(5)
(b) 15' wide when adjacent to residential use or zoned property.
The planting strip shall be unoccupied except for plant material, steps, terraces, driveway
and pathway crossings, lighting standards, signs, benches, and other similar structures.
The base planting unit for planting strips shall be as follows:
(a) Adjacent to Parallel Collector/Arterial Roadways, for each one hundred (100) linear
foot increment:
(i) Three (3) shade trees
(ii) Two (2) ornamental trees
(ii) Ten (10) shrubs
(b) Adjacent to entry drives: Same planting unit standards as for Parallel Collector/Arterial
Roadways, above.
(c) Adjacent to parking areas: per Appendix "A", Perimeter Buffering
Planting Adjacent 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 along building facades that face U.S. 31.
(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 planting area on any side of the building(s).
(4) If an approach driveway or sidewalk cuts into a planting area, the area displaced by the
driveway or sidewalk shall be added to the building perimeter planting.
(5) These adjacent planting areas need not be rectangular in shape as long as the required
amount of space is landscaped; innovative and original designs are encouraged.
Planting Within Parking Lots: A minimum of one (1) shade tree and five (5) shrubs shall be
planted within each parking lot for every nine (9) spaces provided, or not less than eighteen
(18) trees per acre of parking.-See Section 23B. 10.3.B for minimum planting area
requirements.
E. Side/Rear Yard Landscaping: Planting unit shall occur per paragraph "F " below.
G,
Greenbelt Buffers shall be established within required side and rear yards pursuant to Appendix
"A", Perimeter Buffering.
Total Landscaping Required: Inclusive of the Greenbelt, the planting adjacent to the building(s),
the Greenbelt Buffers, and the planting within parking lots, a minimum of ~een percent (15 %)
of the project area shall be landscaped.
23B. 10.3 LANDSCAPING INSTALLATION AND MAINTENANCE.
A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet
the following specifications:
(1) Shade trees: 2 1/2 inch caliper, 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) Ornamental trees: 11/2 inch caliper 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.
(4) Deciduous shrubs: A minimum height of twenty-four (24) inches, and no less than six (6)
main branches upon planting.
(5) Evergreen shrubs: A minimum height and spread of twenty-four (24) inches.
B. The dimensions, specifications and design of any planting area or planting median shall be as
follows:
( 1 )Shade Trees: 9 feet wide
(2) Ornamental Trees: 7 feet wide
(3) Shrubs (only): 5 feet wide
C. Landscaping materials selected shall be appropriate to local growing and climate conditions
Installation: All required landscaping shall be installed prior to the issuance of a final
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 not yet installed, prior to the issuance of the
Final Certificate of Occupancy.
Maintenance: It shall be the responsibility of the owners and their agents to insure maintenance
of project landscaping approved in accordance with the Ove~ay Zone requirements. 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.
F,
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.
G. 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. 10.4 PROTECTION OF EXISTING TREES: Sites with existing trees or stands of trees should make
reasonable efforts to protect and incorporate them into the overall site design. The landscape plan
must preserve not less than 70% of all trees that are:
A. 9" DBH or larger, and
B. located within the Greenbelt, Planting Strips and perimeter buffering.
23B. 10.5 WAIVERS. The Plan Commission may grant a waiver to the dimensional and quantitative standards
of this section, 23 .B. 10, by not greater than thirty-five (35) percent, consistent xvith requirements set
forth in Section 23B.2.G.
23B. 11 PUBLIC ART: Public art that is included as part of a development plan shall be displayed in a
location that is visually accessible to the public and visible from either U.S. Highway 31,
Pennsylvania Street, Range Line Road, or Illinois Street/Meridian Comers Boulevard.
23B.12
PARKING REQUIREMENTS:
A. Except as provided in Paragraph B, there shall be no (0) parking between the U.S. 31 right-of-
way and the front build-to line of the building.
10
(1) The required number of parking spaces is established in Section 27.0, depending upon the
zoning and intended land use.
(2) There shall be an appropriate number of parking spaces reserved for use by handicapped
individuals, per State and Federal requirements.
(3) Direct, articulated pedestrian access shall be provided from the street to the building's
primary entrance
(4) A bicycle parking area should be provided for each building.
(5) 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.
WAIVERS. The applicant may request a Plan Commission Waiver-to the dimensional and
quantitative standards of this section, 23.B. 12, by not greater than thirty-five (35) percent,
consistent with requirements set forth in Section 23B.2.G.
23B.13
LIGHTING REQUIREMENTS:
A,
A site lighting plan shall be submitted along with any DP or ADLS plan. The site lighting plan
shall include the type, standards, layout, spread & 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) architectural and landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of uniform design, color and
materials.
The maximum height of light standards shall not exceed the building height proposed, or twenty-
five (25) feet, whichever is less. However, when light standards abut or fall within ninety (90)
feet of a residential use, they shall not exceed fifteen (15) feet.
D. All exterior architectural, display, decorative and sign lighting. shall be generated from
concealed, low level light fixtures.
E. The average illumination for site lighting shall be a maximum of three (3) foot-candles.
F. All site lighting shall be designed to not exceed 0.3-foot candles at the property line in business
or manufacturing districts, and 0. 1-foot candles at the property line of adjoining residential uses.
G. WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and
quantitative standards of this section, 23.B. 13, by not greater than thirty-five (35) percent,
consistent with requirements set forth in Section 23B.2.G.
23B.14
BICYCLE AND PEDESTRIAN ACCESS: The DP shall include specific provisions for
incorporating pedestrian and bicycle access, circulation and amenities into the development. Such
bicycle and pedestrian access considerations shall include linking pedestrian and bicycle facilities to
adjacent development, the overall U.S. 31 Corridor, and, the Cannel community's overall system of
bicycle and pedestrian trails and routes.
11
23B.15
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 that may adjoin or be near this Overlay Zone. Bicycle
and pedestrian access shall likewise be coordinated with vehicular access, greenbelt design and
parking.
23B.16.1
23B.16.2
23B.16.3
OUTSIDE STORAGE OF REFUSE: Unenclosed storage of refuse (whether or not in containers) or
display of merchandise shall not be permitted on any project. All refuse shall be contained
completely within the Principal Building or Accessory Building. Any Accessory Building for refuse
storage shall be:
A. Designed to include a roof structure; and
B. Architecturally compatible with the Principal Building.
LOADING AND UNLOADING AREAS: Loading and Unloading Berths or Bays shall be designed
as specified in the underlying primary zoning district(s), except that any Loading and Unloading
Berth or Bay shall not be oriented to U.S. Highway 31. Loading and Unloading Berths or Bays
oriented toward any other public fight-of-way, shall be landscaped/screened using masonry wall(s),
plant material, or a combination thereof, subject to Commission approval.
ADDITIONS TO EXISTING RESIDENTIAL: Uses and Detached Buildings 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:
A. Must be of compatible architectural design with the Principal Building;
Must be set back a minimum of thirty (30) feet from the right-of-way line nearest to and
running most parallel with U.S. Highway 31; and be accompanied by the minimum applicable
perimeter buffer per Appendix A.
WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and
quantitative standards of this section, 23B. 16.3, by not greater than thirty-five (35) percent,
consistent with requirements set forth in Section 23B.2.G.
23B.17
23B.17.1
APPLICATION PROCEDURE.
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, 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.
12
23B. 17.2 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 hereinaRer 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 pursuant to the Commission Rules of Procedure,
· Article VII, Section 4.
23B. 17.3 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
a full and complete application for an Improvement Location Permit (ILP) has not been
submitted at the end of the two (2) year period, the DP and/or ADLS request must be re-
submitted to the Commission for a time extension.
B. If the DP and/or ADLS plan is materially changed in any way, resubmission to the Commission
per Section 23B.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. 17.4 RESERVATION OF LAND FOR PENDING STATE HIGHWAY IMPROVEMENTS:
A,
In addition to the development requirements specified in Sections 23B.3 through 23B.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 Bemardin, Lochmueller and Associates for
the Major Investment Study (1997), or, as shown on plans from the Parsons Transportation
Group prepared for the Environmental Impact Study. An applicant must notify, in writing the
Commissioner of the Indiana Department of Transportation (INDOT) of any proposed DP that
includes land within the projected right-of-way for those pending improvements.
Bo
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 retum from the applicant's
property, then the applicant may request an Economic Hardship Exception from the terms of
Paragraph A, pursuant to the Plan Commission Rules of Procedure.
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 of INDOT 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:
(I) the applicant's knowledge of the State's plans at the time of acquisition;
(2) the current level of economic retum on the property, including the date of purchase, the
13
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 or 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.
D. 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 C.
14
APPENDIX 'A '
Perimeter Buffering
A,
Perimeter buffering shall be located along the side and rear lot lines of a lot/parcel and shall
extend the entire length of the side and rear lot lines.
B,
Where residential or other buildings back onto a public thoroughfare, buffer planrings shall occur
outside of the public right-of-way, per the Tables below.
C,
Perimeter buffering shall not be located within any portion of a dedicated public street right-of-
way, private street right-of-way, or County legal drain easement.
D,
Existing vegetation may be used to achieve project buffering if: (i) the vegetation located upon
the subject parcel is of a quality and state of health to achieve buffering, and, (ii) the vegetation is
proposed to be preserved using accepted best management practices for tree protection during
construction.
BUFFERYARD DETERMINATION. To determine the applicable bufferyard requirements:
(1) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use category of
the proposed project use.
(2) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use(s) of the
adjoining property (s), or identify the street classification adjoining the proposed use by referring
to the Official Thoroughfare Plan of Carmel Clay Township.
(3) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel
by referring to the TABLE FOR BUFFERYARD DETERMINATON.
TABLE FOR BUFFERYARD DETERMINATION
_ > z Om
z c c m~
~ q r m z
SINGLE FAMILY B C C D D D D D C D D D
DUPLEX C A C B B C C D B D D D
MULTI-FAMILY C C B B B C C D C D D D
ACTIVE D B B A C C C C B D D D
INSTITUTIONAL; D B B C A A C C B D D D
OFFICE; RETAIL D C C C A A C D B D D D
WAREHOUSE; D C C C C C A B B D D D
HVY. INDUSTRY D D D C C D B B B D D D
F. Bufferyard Design Standards in the table below are stated in terms of minimum width and number of
plants required per one hundred linear foot increment.
BUFFERYARD MINIMUM YARD WIDTH SHADE TREES
SIDE REAR
A 5' 10' 3
B 5' 10' 3
C 10' 20' 3
D 15' 25' 5
ORNAMENTAL TREES
S~S*
2 9
3 15
4 21
5 27
*Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis ( 1 conifer equals three shrubs)
15
3.0 DEFINITIONS
Repeal the following definition:
HOTEL OR MOTEL. A building offering temporary housing to the public for
compensation, which is available to transient guests and in which no individual cooking
facilities are provided.
Insert the following definitions:
HOTEL: Any building or group of buildings contaim'ng five (5) or more rooms without direct
entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a
fee, often with a common kitchen and dining room facilities provided within the building or an accessory
building, and which caters to the traveling public.
HOTEL, FULL SERVICE: A commercial building or buildings with guest rooms for sleeping,
a common kitchen, and a full service dining room to provide meals for paying guests, a 24 hour reception
desk, a lobby, and conference rooms with a minimum of forty (40) square feet of conference room per
guest room. The rooms shall be primarily designed for and occupied by transients renting them on a
daily basis and usually staying less than 7 days. Recreational amenities shall be included within the hotel,
or within three hundred (300) feet (walking distance) of the hotel.
INN: An establishment used, maintained or advertised as a place where sleeping accommodations
are supplied for short-term rent (less than 30 consecutive days) to tenants, in which rooms are furnished
for the accommodations of such guests, which may have as an accessory use one or more dining rooms,
and which may include individual kitchen facilities
MOTEL: Any building or group of buildings containing five (5) or more rooms with direct
entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a
fee, often with a common kitchen and dining room facilities may be provided within the building or an
accessory building, and which caters to the traveling public.
BUILD-TO LINE: A line appearing on the development plan, stated as the setback dimension from
the right-of-way along which a building faqade must be placed.
DEVELOPMENT REQUIREMENTS. Development standards, plus any additional requirements
specified in this ordinance which must be satisfied in connection of the approval of a subdivision or
development plan
PARENT TRACT. A tract of land described by metes and bounds, the description of which has
been recorded in the office of the HamiRon County Recorder of Deeds and which existed prior to the date
of adoption of this ordinance.
FLOOR AREA RATIO (FAR) A figure expressing the total gross floor area as a multiple of the
area of a lot or parcel. This figure is determined by dividing the gross floor area of all buildings including
basements, but not covered parking on a lot or parcel, by the area of that lot or parcel.
16
. N. nle, ouncil
Carter
day of
~ffa~'e W'lson~ , d ~'
ATTEST:
C
Diana L. Cordray, 1
Prese t~ the Mayor of the City of Carmel, Indiana, this ~ day of
,2000, at o'clock.
Diana L. Cordray, Clerk-T~~
Approved by me, Mayor of the City of Carreel, Indiana, this __ day of
,2000.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, Clerk-Treasurer
17
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 AMEND THE PROVISIONS OF
THE CARMEL/CLAY ZONING ORDINANCE
WHICH RELATE TO THE U.S. HIGHWAY 31 OVERLAY ZONE
ORDINANCE No. Z-340
TO:
The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the Ordinance
Amendment Application filed by the U.S. 31 Task Force, Paul Spranger, Chairman, to
amend the provisions of the Carmel/Clay Zoning Ordinance which relate to the U.S.
Highway 31 Overlay Zone, Ordinance No. Z-340, copy attached.
The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is
FAVORABLE.
At its regularly scheduled meeting of April 18, 2000, the Carmel/Clay Plan Commission
approved the requested Amendment by a vote of 14 in favor, none opposed.
~~m/ona Hanlx;ck, ecre ary
DATED: April 27, 2000
CARMEL/CLAY PLAN COMMISSION
RECEIVED