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HomeMy WebLinkAboutZ-372-02 Amend C-1/City Center Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-372-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance amending Certain Provisions of Chapter 20E: C-I/City Center District of the Carmel~Clay Zoning Ordinance WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by amending the C-l/City Center District Ordinance in order to preserve and promote the quality of life for new and existing residents; and WHEREAS, the Carmel/Clay Plan Commission has duly approved and recommended to the Common Council the following amendments to the Zoning Ordinance for the City and Township that will update the Ordinance procedures therein, pursuant to the Advisory Planning Law of the State of Indiana as well as the 2020 Vision Comprehensive Plan, such plan having been duly approved by resolution of the Common Council on September 24, 1996, and remaining in effect as the official Comprehensive Plan of the City of Carmel and Clay Township; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: that pursuant to IC 36-7-4-600 et seq. and IC 36-7-4-700 et seq., it adopts this Ordinance as an amendment to the Carmel/Clay Zoning Ordinance, No. Z-160, as amended (the "Ordinance"), and amends and adds certain provisions to the ordinance as follows: Section I: CARMEL/CLAY ZONING ORDINANCE CHAPTER 20E: C-l/CITY CENTER DISTRICT 20E.0 C-l/City Center District. 20E.0.1 Purpose and Intent. The purpose of the C-1 City Center District is to create and protect land areas for the development of the Carmel City Center, a central mixed-use complex of retail, residential, office, and community facilities designed to meet the cultural and economic needs of the community. The development is intended to stabilize an area that has fallen into disuse, and provide an energetic focus to the city's central business district. The combination of retail shopping and entertainment is intended to provide a destination for families. The office complex included in the project is intended to attract the very best corporate citizens to the community. The City Center will be bisected by the Monon Trail, further developing the attractiveness of the linear park project. When coupled with a museum/exhibit hall and performing arts center, the City Center will provide the am'actions necessary to support a retail and entertainment complex and will lend itself to hosting Ordinance No. Z-372-02 p. 1 large cultural and entertainment events. To promote the development of the City Center district, the City of Carmel will provide master land planning, land acquisition, street improvements, landscaping and utility infrastructure. 20E.0.2 Tract Requirements. Land areas shall be rezoned C-1 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. Visual screening of the outside activities including, but not limited to, storage and trash collection areas shall be included. 20E.0.3 Approval of Development Plan. Following approval by the Carmel Redevelopment Commission~ the City of Carmel shall submit for approval a Development Plan (DP) that includes the following development requirements for that nronertv: architectural design, exterior li~hfinu, landscaping and signaoe fADLSI. The Director~ as the staff of the Carmel/Clay Plan Commission~ shall review a DP application to determine if the DP satisfies the development requirements of the C-1 District. The Director must approve, approve with conditions~ or disapprove the Development Plan {DP) for any tract of land in the C-1 District. A public hearing shall be held by the Director before it decides whether to approve or disapprove a DP. However~ no DP is required for additions to existing structures which: a. Are attached to the existing structurel Continue the architectural design of the existing structure~ including exterior color and materials; doors and windows, other detailino: c. Meet with requirements of the C-1 District; Do not exceed twenty percent (20%) of the original gross floor area of the existing structuren applicable from the date of this sectionl and e. Have received a prior ADLS approval from the Plan Commission. __.__~__ ,,_~.~__ ,__a .... ~ .... ~ -: ..... ' ' ~ °L P~suant to IC 36-7-4-1400 et seq., the Dkector (as ~e stuff of ~e Plan Comssion) is hereby au~ofized to conduct a public heahng to dete~ne whe~er ~e Development Plan co~lies in all respects ~th ~e Zon~g Or&n~ce and any co~ents ~de by ~e omer of the real prope~ under IC 36-7-4-613. The Director shall ~en ~ke ~aen fmd~gs concemng his or her decision to approve or disapprove the Development Pla~ and ~e Director is hereby desi~ated as ~e official who is respomible for si~ing the ~i~en findings, The approval or disapproval of a Development Plan by the Director under this Section is a fmal decision of the comnUssion that may be reviewed only as provided in IC 36-7-4- 1016. After imtial approval of the architectural design, exterior lighting, landscaping and Ordinance No. Z-372-02 p. 2 signage (ADLS) under this Section, the ADLS shall not be materially or substantially changed or altered without the prior approval of the Commission trader its roles of procedure. The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of the C-I District by not greater than thirty-five percent (35%)~ consistent with requirements set forth below: The proposal shall be in harmony with the purposes and the land-use standards contained in this chapter; bo The proposal shall enhance the overall Development Plan, the adioining streetscapes and neighborhoods, and the overall City Center District. 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 City Center District, and shall not adversely affect emergency vehicle access or deprive adioining properties of adequate light and air. The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, public arh provisions for bicycles and/or mass transih 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 iudgment, secure the purposes of this chapter. This subsection 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 Code. 20E. 1 Permitted Uses: Commercial recreational enterprise or facility Commercial (Retail) Sales Commercial (Wholesale) sale of products, Community Center, including service establishments General Offices Hotel Museum Performing Arts Center Residential uses Restaurant Theater 20E. l.1 Minimum Area Requkements: None. 20E.l.2 Other Requirements: None. 20E.2 Permitted Special Uses: (See Chapter 21 for additional regulations.) Other uses similar and comparable to the above permitted uses. 20E.2.1 Minimum Area Requirements: None. Ordinance No. Z-372-02 p. 3 20E.2.2 Other Requirements: None. 20E.3 Accessory Buildings and Uses: (See Chapter 25 for additional requirements.) 20E.3.1.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. 20E.3.2. Any detached accessory building on any lot shall be compatible in architectural style and construction materials with the Principle Building(s) with which it is associated. 20E.4 Height and Area Requirements (See Chapter 26 for additional requirements.) 20E.4.1 Maximum Height - Residential Uses: 1. Forty-five (45) feet, fifty-five (55) feet if adjacent to an existing or platted single-family residence or residential subdivision. 2. Adjacent to all other uses: Fit~y-five (55) feet. 20E.4.2 Maximum Height - Commercial and Civic Uses: 1. Adjacent to an existing or platted single-family residence or residential subdivision: Forty-five (45) feet. 2. Adjacent to all other uses: Eighty-five (85) feet. 20E.4.3. Minimum Lot Frontage: 1. Residential use: Tlfirty-five (35) feet. 2. All other uses: One hundred (100) feet. 20E.4.4 Minimum Lot Size: 1. Residential use: Four thousand (4000) square feet with public sewer and public water. 2. All other uses: Twenty thousand (20,000) square feet per Principle Building. 20E.4.5 Maximum Lot Coverage: eighty pement (80%). 20E.5 Architectural Design. 20E.5.1 Bnildln~.~ shall be designed and constructed in accordance with the adopted architectural style and materials palette established for the City Center by the City of Carmel Redevelopment Commission. 20E.6 Landscaping Requirements. 20E.6.1 Landscaping shall be designed in accordance with the adopted landscapin~ style and species palette established for the City Center by the City of Carmel Redevelopment Commission. Ordinance No. Z-372-02 p. 4 20E.6.2 Street Trees. Shade trees shall be planted along all streets within the rights-of-ways, parallel to the street. Species, size, and installation shall be per the standards of the City of Carmel. P:r Lot n~.~*~. Plan prc;'ided a!cng thc a!! :idc: 1,~,',].~C?. abut adjcink'~g prc. pc~ca. 20E.6.3 Landscaping Installation and Maintenance. Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department 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 reqtfired landscaping prior to the issuance of the Final Certificate of Occupancy. Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this Ordinance. 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. Ordinance No. Z-372-02 p. 5 20E.7 Permanent Signs. 20E.7.1 All permanent signs in the C-1 District shall be designed and constructed in accordance with the adopted architectural style and materials palette established for the City Center by the City of Carmel. 20E.7.2 Except as noted below~ the placement and number of permanent signs shall be in accordance with the pro]ect standards established by the City of Carmel Redevelopment Commission. 20E.7.3 All Signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. 20E.7.4 No sign shall extend above the cornice line of the building. 20E.8 Fencing. 20E.8.1 Maximum Height: a. Side and Rear Yard: eight (8) feet. b. Front Yard: four (4) feet. 20E.8.2 Materials. Fences shall be consttucted solid wood or masonry, and shall be approved by the Director at the time of final Development Plan approval. Stockade or shadow box fences shall not be permitted within the C-1 District. 20E.9 Parking. 20E.9.1 Parking lots shall generally be located at the rear or at the side of buildings and shall be screened from the sidewalk/sttcet by low walls, fences or hedges. 20E.9.2 In parking areas designed to accommodate more than four (4) rows of vehicles, a landscaped, separated pedestrian pathway shall be provided for safe access through the parking area to the fi'ont door. 20E.9.3 Bicycle parking with bike racks should be provided. 20E. 10 Streets and Circulation. 20E. 10.1 Vision clearance on comer lots and at the intersections of streets and driveways shall be observed. 20E.10.2 Conflicts between pedestrians, bicycles and autos shall :~cu!d be minimized. Separation of circulation systems shall :ker:!d be created through design elements such as changes in grade, material, screens, stmctores, etc. 20E.10.3 Sidewalks shall be required along all public streets, and shall be constructed to the standards of the City of Carmel. Where pedestrians are forced to cross traffic lanes, changes in paving and narrowing of roadways can alert drivers to pedestrian traffic. 20E.10.4 Vehicular traffic serving the C-1 District should not be routed into or through a residential development or onto a stteet serving a school or community facility. Ordinance No. Z-372-02 p. 6 20E.10.5 Truck traffic serving the C-1 District should be prohibited from using surrounding residential streets. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. ~PASSED by the Common Council of the City of Carmel, Indiana thisj lq~/-day of [,~?~,~)' / ,2002, by a vote of 5- ayes and (~ nays. t~ COMMON COUNCIL FOR THE CITY OF CARMEL Wayne Wilson, President Pro TemPore~ov~gn ~.~ ~--------~-----~~~ov .,~-~- ~ ~Robert Battreall .~ ~ c gr ATTEST: Di~a L. Cordray, ~C, ~l~-Treasurer .~Preseoted by me to the Mayor of ~e City of C~el, Ndi~a this day ,=00=,a, ~i~a L. Cordray, ~C, Clerk-~r~surer Ordinance No. Z-372-02 p. 7 Approved by me, Mayor of the City of Carmel, Indiana, this /"°~d~y of /r~lf, bi / ,2002, at q" ~_~a' ~.M. Jt~es Brainard, Mayor ATTEST: Eliana L. Cordray, IAMC~easurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. Z-372-02 p. 8 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-372-02 C-l/City Center District Amendment 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 application of the Department of Community Services (Docket No. 3-02 OA) petitioning the Commission to amend Chapter 20E: C-I/City Center District. The Carmel/Clay Plan Commission's recommendation on the petition of the Department of Community Services is FAVORABLE. At its regularly scheduled meeting of February 19, 2002, the Carmel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-372-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4-607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Thursday, May 30, 2002. / DATED: March 1, 2002 CARMEL/(~Y PLA~gCOMMISSION Pa~l-'Spra~r, Vic~resid~fii~*-~ RECEIVED I" L c~ Form 'Prescri~)ed by State Board of Accounts To: General Form No. 99P (Revised 2002) The Daily Ledaer Dr. Hamilton County, Indiana Noblesville. Indiana 46060 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of type in which the body of the advertisment is set) -- number of equivalent lines ........................ Head'-- number of lines ............................................. Body -- number of lines ........... .................................. Tail -- number of lines .............................................. Total number of lines in notice .................................. COMPUTATION OF CHARGES ~-~_lin,es, .._~columns wide equals ~-~.at'~ equivalent lines at .2'7/.2 cents per line ......................................... $ Additional charge for notices containing rule or tabular work {50 percent of above amount) ........................ ' .......... Charge for extra proofs of publication {$1,00 for each proof in excess of two) ............................................... TOTAL AMOUNT OF CLAIM ...................................... $ DATA FOR COMPUTING COST Width of single column '7' ~/ ems 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 amount claimed is legally due, after allowing all just credits, and that no part of the sam~p~.~ Date Wr~_~ 7 , 20./~ ~'- Title: General Managc[// ' PUBLISHER'S AFFIDAVIT State of Indiana ss: Hamilton County Personally appeared before me, a notary public in and for said county and state, the undersigned Thomas H. Jekel who, being duly sworn, says that he is General Manager of The Daily Ledger a daily newspaper of general circulation . printed 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- lication being as follows: