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HomeMy WebLinkAboutZ-239 421 Corridor Overlay ZoneORDINANCE NO. Z-239 ORDINANCE AMENDING THE CARMEL CLAY ZONIN,~ ORDINANCE Z-160~ AS AMENDED TO ESTABLISH A U.S. 421 CORRIDOR OVERLAY ZONE WHEREAS, the as amended, and; city of Carmel has established a Zoning Ordinance, Z-160 WHEREAS, pursuant to I.C. 36-7-4-601, in order to secure adequate lighting, ailr, convenience of access of safety from fire, flood and other damages; to iessen avoid congestion in the public way, and to promote the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel, NOW, THEREFORE, BE IT ORDAINED by Carmel, Indiana as follows: I Preamble This Ordinance Indiana; the Common Council of the City of establishes an Overlay Zone on all real property on either side of the boundaries of U.S. Highway 421 from a point 400 feet each side of the right-of-way of said highway, and encompassing that pro- perty from the Boone County Line south to 96th Street or the Marion County Line, together with that area bounded by 96th Street on the south, Shelbourne Road on the east, and an east-west line measured 1250 feet north of 96th Street, to a north south line measured 400 feet from the parallel to the U.S. 421 right-of-way. This Overlay Zone restricts and on the above described real estate, precluding the development in this ces. Additionally, this Ordinance limits the uses that will be allowed specifically, but not limited to Overlay Zone of single family residen- describes developmental standards which will apply to the aforementioned real estate within the Overlay Zone. II Provisions PurposeI Intent and Authority It is the purpose of the U.S.Hlghway 421, Michigan Road Corridor Overlay Zone 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. Hwy. &21, Michigan Rd. in Clay Township, EBilton County, Indiana. The Plan Commission, in establishing this zone, is relying on I.C. 36-1-1 et seq. It is recognized that U.S. H~y. 421, Michigan Rd. is an important corridor to Caruml and to Clay Township. Therefore, it is the further purpose of the U.S. 421 Overlay Zone to promote coordinated qgality development per the Land Use reco~nendation of the Carmel Compreheflsive Plan; the estab- lishment of basic standards for structures on the properties within the Overlay Zone which promote high quality, innovative site designs, and at the sa~ time encourage efficient land usage; and, the establishment of lot development standards which will encourage capital investments for the development of those properties along and abuting U.S. Hwy. 421. Boundaries.;.. U.S. 421 Overlay Zone Boundaries The boundaries of the U.S. 421 Overlay Zone ara hereby established as shown on the Zoning Map. Definitions~ 1)~velopment Plan - A plan encompassing 3 acres or more of land, that is Submitted for Plan Commission approval, showing the proposed development. Refer to Development Plan requirements, page 2. Effective Date - .~ , 19 , the date this Ordinance deal- ing with the U.S. Highway 421.Overlay Zone was passed and became effective. Yront ~ar~ - The side(s) of a lot, which is adjacent to a road right-of- Green Belt ~ That portion of the front yard of the lot which is immediately adjacent and parallel to the right of way of U.S. 421 having a minimu~ depth of thirty (30) feet. Improvement - Any change in use, major exterior remodeling of structure or grounds, and any addition to structure or parkinB area, or interior remodeling over 301 of existing structure gross square footage on existing site area. Landscaping - The improvement of a lot with grass and mounding, shrubs, trees, other vegetation. Landscaping may include flower beds, fountains, retention ponds, or other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. Lot - is a legally established tract, parcel, or area of land as recorded with the Hamilton County Recorders Office. Undersized Lot - A lot recorded prior to the effective date of this Or dinance which is less than 130~680 square feet ( 3 acres) in overall size and/or narrower than one-half (1/2) the depth of the lot shall be merged with other ground to create a Development Plan site of a minimum of three (3) acres. Yard - that area in front or to the side or rear of the building, that is measured between the greenbelt setback and the building. (refer to defini- tion of Greenbelt) Plan Commission Approval: The Plan Commission shall approve a site development plan for any proposed improvement in the U.S. Hwy. 421 Overlay Zone. Plan Commission approval of the architectural design, landscaping, parking, slgnage, lighting and access to the property shall be necessary prior to: (i) the establishment of any use of land; (ii) the issuance of any improvement location permit; (iii) the erection, reconstruction or structural alteration of any building (s) in the U.S. 421 Overlay Zone, and (iv) any changes in any site improvements. The Plan Commission, in review- ing applications, shall examine factors concerning the site, site plan and the surrounding area, which include but are not limited to the following items: Sec. I Development Plan Requirements 1. Topography; 2. Complete site plan. 3. Location site map. 4. Zoning on site; 5. Surrounding zoning and existing land use; 6. Streets, curbs and gutters and sidewalks; 7. Access to public streets; 8. Driveway and curb cut locations in relation to other sites. 9. General vehicular and pedestrian traffic 10. Parking facilities and internal site circulation; 11. Special and general easements for public or private use; 12. On-site and off-site surface and subsurface storm and water drainage; drainage calculations; 13. On-site and off-site utilities; 14. The means and impact of sanitary sewage disposal and water supply techniques. 15. Dedication of streets and rights-of-way; 16. Provision for adequate and acceptable setbacks, screening, and compatability with existing platted residential uses. 17. Lighting plan 18. Landscape plan 19. Signage plan 20.' All elevations of proposed buildings - including materials to be used. 21. Show location of mechanical equipment. 22. Storage area. 2 23. Site development includes landscaping, parking, drainage, erosion control, signage, lighting, screening, buildings, mechani- cal equipment locations, trash enclosure facilities. 24. Any other materials the Commission deems necessary. Permitted Uses. Ail uses which are permitted in the underlying zoning district(s), except the uses expressly excluded by Section , are per- mitted in the Corridor Overlay Zone. Special Uses. Ail special uses which are permitted (upon obtaining a spe- cial use authorization from the Carmel Board of Zoning Appeals) in the un- derlying zoning district(s), except the uses expressly excluded by Section are permitted in the U.S. 421 Overlay Zone. Excluded Uses. Disposal of radioactive materials The refining or manufacturing of petroleum products The bulk storage of petroleum products not used for on-site manufacturing, excluding service stations. The refining or manufacturing of wood preservatives, cement, lime, and gypsum. Fertilizer Manufacturing, Stock Yards, Slaughtering, Leather Curing and Tanning. Reclaiming processes involving materials and/or chemicals that are con- sidered dangerous to the health, safety, and welfare of the general public as determined by the State of Indiana, Board of Health or City of Carmel. Single family residences (existing residential structures and residentially platted lots, as of April 21, 1980, when used for residential purposes are exempt from the requirements contained within this section). Roadside Sales Stands Garbage Disposal Plants/Sanitary Landfills Junk and Salvage Yards Mobile Home Court Carnivals, Circuses and Fairs Outdoor Theatre Penal - Correctional Institution Accessory BuildinEs and Uses. - Ail accessory buildings and uses which are permitted in the underlying zoning district(s), except that any detached accessory building on any lot shall have on all sides the same architec- tural features or shall be architecturally compatible with the principal building (s)' w~th which it is associated. 3 Minimum Pro~ect Development Plan Size. Minimum area covered by Development Plan; 3 acres, must be within the Corridor Overlay Zone. However, if a lot was recorded prior to 1987 ("Effective Date"), and said lot does not contain the minimum area required by this section, said lot ("Undersized Lot") may be used for any use permitted in the U.S. 421 Corridor Overlay Zone provided that: (a) at the time of recordation of the Undersized Lot or on the Effec- tive Date, the Undersized Lot met the requirements for minimum lot size then in effect for a lot in the underlying zoning district(s) (b) the owner of the Undersized Lot must include, up to the minimum lot size, any adjoining vacant land that he owns, or an affiliate owns (not separated by a street or public way) on or before the effective date or at the time of application which, if combined with the Undersized Lot, would create a lot which conforms, or more closely conforms, to the minimum development plan size requirements of this section} and (c) all other applicable regulations of the U.S. 421 Corridor Overlay Zone can be met. (d) Lots both inside and outside of Corridor Overlay Zone. A concept Land Use Plan shall be submitted to the Plan Commission for the entire parcel (recorded after April 21, 1980) any part of which is included in this submission and is located both inside and outside of the 421 Corridor Overlay Zone. Maximum Building Height: as specified in underlylnK zoninK district. Minimum Greenbelt Front: Thirty (30) feet from the right of way, and shall include landscaping. Minimum Greenbelt Side and Rear: a. Next to existing residence(s) - thirty (30) feet b. Next to Undeveloped Zoned Residential District (S-i, S-2, R- I, R-2 R-3, R-4 and R-5) - thirty (30) feet. c. ~Next to Zoned Business District or Development - side eight (8) feet rear - ten (10) feet d. Nextlto Zoned Manufacturing District or Development - side - eight (8) feet rear - ten (10) feet 4 Green belt areas shall be composed of grass and landscape areas, but no parking lotsl, through roads, buildings, accessory structures, etc. Minimum Gross Floor Area All buildings shall have a minimum of 2500 ~quare feet of flooir area, excluding the floor area of any basement or accessory buildings shall not be used in the computation of floor area. Accesory buildings need not meet the minimum floor area requirements. Minimum Buildin~ Setback Line Ail new commercial buildings shall be located a minimum of three (3) times their total height from any existing residential struc- ture or the greater of any other setback requirement of this 421 Corridor Overlay Zone. (shall be measured from structure to structure). b. Front of Building - fifty (50) feet from road right-of-way. c. Side and Rear of Building 1. Next to Existing Residence(s) - fifty (50) feet or two (2) times building height whichever is greater. 2. Next to Undeveloped Zoned Residential District fifty (50) eet or two (2) times building height, whichever is greater. 3. Next to Zoned Business District or Development - fifteen (15) feet. 4. Next to Zoned Manufacturing District or Development - twenty (20) feet. ParkinK Requirements a. Spaces required: see underlying zoning district. b. Space Size: 9'0" x 20'0" or 10'0" x 18'0". Ail parking lots and drives shall be paved with asphalt or con crete, and poured in place concrete curbs shall be used. Parking lots within front yards shall be limited to 85% of the front yard area, excluding sidewalks and greenbelt. Parking areas within front yards shall be properly screened and subject to Plan Commission approval. Handicapped parking shall meet state requirements and be in close proximity to entrance. Curb Cuts. Frontage roads and common entrances shared by several businesses and developments shall be encouraged, and may be required at the discretion of the Plan Commission. Commission will encourage maximum distance between 5 curb cuts on to U.S. 421 in cooperation with the Indiana Department of Highways. LightinK. A Lighting Plan for the proposed development shall be presented as part of the presentation. All lighting standards, including on buildings, security and architectural lights within the development area shall be of uniform design and materials. Parking lot and street lights shall also be of uniform height. All lights shall be of a "down lighting" type with the light element completely shielded on all sides and top. Lighting shall not cause illumination beyond any lot line or road right of way line in excess of 0.1 foot candles of light. Signs. A Sign Plan for the proposed development shall be presented as a part of the Development Plan. All signs shall conform to the Sign Ordinance. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Plan Commission. Loading Bert~s Loading berths and trash collection areas shall be permitted per the demand of the business establishments and shall be identified on the development plan. Trash ~ollection areas shall be properly screened and enclosed. Loading berths and overhead doors shall face to the side or rear of all buildings and be properly screened per Plan Commission approval. F~ergency Access Ail emergency access areas and facilities shall be shown on the site plan and reviewed by the Carmel Fire Chief. Outside Storage Outside storage areas shall be allowed as shown on the Development Plan. Storage areas shall be screened and subject to Plan Commission approval. Landscaping A landscaping plan shall be submitted as part of the Development Plan requirements. Foundation plantings shall be included around the building. These planting areas need not be rectangular in shape. * Screening shall be required per Plan Commission approval for a visual break from large expanses of overhead doors, storage areas, parking lots (see section ) large expanses of building walls, etc. Landscaping Installation and Maintenance Installation - Ail required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department of Community Development 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. 6 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 varieities or a suitable substitute, and keeping the area free from refuse and debris. Changes after Approval. No landscaping whic~has been approved by the Plan Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Plan Commission approval. Inspection. The Department of Community Development Administrator, or their duly appointed representatives, shall have the authority to visit any lot within the U.S. 421 Overlay Zone to inspect the landscaping and check it against the approved plan on file. Architectural Design Requirements. In reviewing the architectural design of building(s) proposed to be built in the U.S. 421 Overlay Zone, factors to be considered by the Commission shall include but are not limited to: 1. Scale and proportion: 2. Suitability of building materials: 3. Design in relation to surrounding buildings; 4. Design in relation to topography of the site; 5. Design in relation to proposed landscaping; and 6. Aesthetics of the proposed building, including color, ExistinK Use and Site A Development Plan which requires a public hearing shall be submitted and approved by the Carmel Plan Commission when a legal non conforming use is changed to a conforming use. 1. Any new building is to be constructed. 2. Any existing building or site development (addition of parking lot) is expanded by more than 30%. 3. A building is destroyed by more than 60%. Any expansion of a building or site development which has a legal nonconforming status. * A change of ownershipof a property which has a legal non conform- ing status. 6 ' If property or building is vacated for more than one year. *Normal maintenance and repair will be exempt from a Development Plan Application. 7 Application Procedure. Consultation with the Director~ Department of Community Development and Application. Applicants shall meet with the Director to review the zoning classification of their site, obtain copies of the regulatory ordinances and materials; if necessary, 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 ap- plication form, two (2) copies of the site development plan and the required information on architectural design, landscaping, parking, signage, lighting and access, as well as all necessary supporting documents and materials; along with the application fee of $250.00 Initial Review of the Application and Support Documents and Materials by the Director~ Submission to the Commission. Following the receipt of the written application, site plan and required information, necessary support- ing 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. ~f the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts ~the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. Within thirty (30) 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, ac- cording to Commission rules of procedures. The applicant shall submit to each Plan Commission member a copy of the Development Plan and supportive materials. The approved~ Development Plan shall be valid for two years from the date of approval; if construction of the buildinss have not started at the end of the two year period, the Development Plan must be reapproved by the Plan Commissien. If the Development Plan is changed in any way, it must be resubmitted :to the Plan Commission per Section for approval. Passed and adopted by the Common Council for the City of Carmel, Indiana, this ~ day of September, 1988. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ATTESTATION' ~ Clerk-Treasurer By /~OROTH~ HANCOCK Presiding Officer ATTESTATION: SUSAN J 0 NE~// erk-Treasurer APPROVED: Mayor, City of Carmel