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HomeMy WebLinkAboutZ-373-02 Amend C-2/Old Town Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-373-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance amending Certain Provisions of Chapter 2OF: C-2/Old Town District of the Carmel~Clay Zoning Ordinance WHEREAS, the Common Cotmcil 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-2/Old Town 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 20F: C-2/OLD TOWN DISTRICT 20F.0 C-2 Old Town District. 20F.0.1 Purpose and Intent. 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 opportanities 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 redevelopment 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 Ordinance No. Z-373-02 p. 1 20F.0.2 20F.0.3 "footprint" locations, along with public street access points and public space set-a-sides. The City further intends to facilitate the conversion of all utility and private communications lines and equipment to underground service in the C-2 zoning district. Tract Requirements. Land areas shall be rezuned 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. Approval of Development Plan. 1. Foilowin~ aoOroval by the Carmel Redevelopment Commi~sion~ the City of Carmel shall submit for approval a Development Plan that includes the following development requirements for that property: architectural design~ exterior liehtine. Innd~eaping and si~nage (ADLS). 2. 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-2 District. The Director must approve, approve with conditions~ or disapprove the Development Plan (DP) for any tract of land in the C-2 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 strueturel Continue the architectural design of the existing structure, including exterior color and materialsl doors and windows~ other detailing~ c. Meet with requirements of the C-2 District~ Do not exceed twenty percent (20%) of the original gross floor area of the existing structure~ applicable from the date of this section~ and e. Have received a prior ADLS approval from the Plan Commission. ' ' · ~ ...... : ..... : ..... , P~suant to IC 36-7-4-1400 et seq, · e D~ector (as ~e staff of ~e Plan Co~ssion) is hereby au~orized to conduct a public he~g to dete~e whether ~e Development PI~ complies in all respects M~ · e Zoning Ordi~nce ~d ~y co~ents ~de by ~e o~er of the real prope~ under IC 36-7~-613. The D~ector shall ~en ~ke ~en findings concerning his or her decision to approve or disapprove ~e Development Plan, and ~e D~ector is hereby desi~ated as ~e official who is responsible for sign~g ~e ~i~en findings. The approval or disapproval of a Development Plan by the Director under this Section is a final decision of the Commission that may be reviewed only as provided in IC 36-7-4- 1016. After initial approval of the architectural design, exterior lighting, landscaping and signage (ADLS) under this Section, the ADLS shall not be materially or substantially changed or altered without the prior approval of the Commission under its Rules of Ordinance No. Z-373-02 p. 2 Procedure. The applicant may request a Plan Commtssion Waiver to the dimensional and quantitative standards of the C-2 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; The proposal ahall enhance the overall Development Plan, the adjoining 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 adiolnino properties of adequate light and air. do 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 Comminsion 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. 2OF. 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.l.1 Minimum Area Requirements: None. 20F.1.2 Other Requirements: None. 20F.2 Permitted Special Uses: (See Chapter 21 for additional regulations.) Other uses similar and comparable to the above permitted uses. 20F.2.1 Minimum Area Requirements: None. 20F.2.2 Other Requirements: None. 20F.3 Accessory Buildings (See Chapter 25 for additional requirements.) Accessory buildings shall not be allowed except: Ordinance No. Z-373-02 p. 3 Pursuant to a developmental standards variance; or As stated in Section 20F. 6.2~ or Detached garage units approved as part of the ADLS. 20F.4 Height and Area Requirements (See Chapter 26 for additional requirements.) 20F.4.1 Maximum Height: forty-five (45) feet, comprising no more than th_tee (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 Streetscape and Landscaping Requirements. 20F.5.1 Landscaping shall be designed in accordance with the adopted landscaping style and species palette established for the City Center by the City of Carmel Redevelopment Commission. 20F.5.2 Street Trees. Shade txees 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. 20F.5.3 Landscaping 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 Administrator. If it is not possible to install the required landscaping because of weather conditions, the properS, 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 Fencing; 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) one and one-half (1'/2) spaces per dwelling unit; and (b) four (4) spaces per 1,000 square feet of retail floor space. Ordinance No. Z-373-02 p. 4 20F.7.2 Except as provided in Section 20F. 7.2 below, the roles 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 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, atlxactiveness 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 2OF. 7. 20F.8 Architectural Design Requirements. 20.F.8.1 Buildings 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. 2~F.~°?. ............................... ,~ ,~'.~I.~$ ............................. ,~ 20E.9 Permanent Signs. 20E.9.1 All permaneut signs in the C-2 District shall be designed and constructed in accordance with Ordinance No. Z-373-02 p. 5 the adopted architectural style and materials palette established for the City Center by the City of Carmel. 20E.9.2 Except as noted below, the placement and number of permanent signs shall be in accordance with the project standards established bv the City of Carmel Redevelooment Commission. 20E.9.3 All Signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. 20E.9.4 No sign shall extend above the cornice line of the building. 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. Ordinance No. Z-373-02 PASSED by the Conunon Council of the City of Carmel, Indiana this /cq¢ day of [,~ ~/,fC~t~/'/ , 2002, by a vote of ~ ayes and O nays. COMMON COUNCIL FOR THE CITY OF CARMEL Wayne W~llson, President Pro Tempore ~;~?/~Robert, eall ~'6~fild E. C~xter Diana L. Cordray, IAMC, ~o~k-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this _~.~ day of ,2002, at '7.' ~ ~M. Diana L. Cordray, IAMC, C~rk-Tteasurer Ordinance No. Z-373-02 p. 6 Approved by me, Mayor of the City of Cannel, Indiana, this /5)jv~; / ,2002, at day of J(a(-nes Brmnard, Mayor ATTEST: Diana L. Cordray, IAMG, Ck]rk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan comnUssion Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. Z-373-02 p. 7 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-373-02 C-2/Old Town District Amendment To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Cannel/Clay Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 4-02 OA) petitioning the Commission to amend Chapter 2OF: C-2/Old Town District. The Cannel/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-373-02 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/(~AY PLAN~ COMMISSION Paul S'pra~er, V~ Presi/d~n~ -- RECEIVED ' ~_ n~ Rr, vn Form Pres~ril~ed by State' Board of Accounts t ' Government Ufiit To: General Form No. 99P (Revised 2002) The Daily Ledoer 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 .~lines. ~.__columns wide equals -~,~"- equivalent lines at .' ,F /O' 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 columh ~' ~ 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, al~er allowing all just credits, and that no part of the sam~ ~ M - Date /'~ 7 , 20 ~ g.~ Title: General Manager 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 Dally 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 pr/nted matter attached hereto is a true copy. which was duly published in said paper for / time , the date of pub- lication being as follows: