HomeMy WebLinkAboutPacket from Remonstrators_K.Koons 02-28-22 r ,ee 'd 2 - 2.F -22_
CARMEL BOARD OF ZONING APPEALS
Village of West Clay )
Gas Station Appeal )
) Docket No. PZ-2022-00002
)
)
)
)
SUBMISSION OF RESIDENTS OF
VILLAGE OF WEST CLAY
CORY AND JACKIE PHILLIPS
Respectfully submitted,
KROGER GARDIS & REGAS, LLP
/s/ Kevin D. Koons
Kevin D. Koons, Atty. No. 27915-49
KROGER, GARDIS & REGAS, LLP
111 Monument Circle, Suite 900
Indianapolis, Indiana 46204-5125
kkoons@kgrlaw.com
(317) 692-9000 telephone
(317) 264-6832 Fax
1
Developer trying to avoid a clear requirement in UDO
Current UDO § 5.65. (Ex. 1)
2
Developer’s Claim No. 1—UDO is an “entirely separate”
ordinance from the PUD.
• Not so. They are linked…where the PUD is silent,
the UDO applies (“gap-filling”):
Current UDO § 9.05(A)(4)(c). (Ex. 2)
3
• Applies to new PUDs and to PUD amendments
(Ex. 2)
• This “gap-filling” language has been in effect since
2013 (Ord. Z-578-13):
Ord. Z-578-13 (amending former Section 31.06.04 of Carmel Zoning Ordinance, adopted
9/23/2013). (Ex. 3)
4
• WestClay PUD was amended in 2016 (Z-608-16),
- Rezoned subject property
- “Primary Area (SH)” “Peripheral Retail Area”
Ord. Z-608-16 (adopted 2/15/2016) (Ex. 4)
5
Primary Area (SH) =
• “senior housing”
• mixed use structures “associated with senior housing”
Thus, WestClay PUD is subject to the UDO’s “gap-filling” provision
6
Developer’s Claim No. 2—The PUD Ordinance is sufficiently
specific as to gas station development standards.
• Points to some specific standards
o Setback requirements – 15.8.1
Applies to all commercial uses in PRA, not just gas
stations
o Gas pumps permitted in yards – 15.15
o Vehicle stacking requirements – 16.17(D)(5).
Wrong question—
• not whether some specific standards exist,
• but whether PUD is silent in a particular instance.
Current UDO § 9.05(A)(4)(c). (Ex. 2)
7
• Here, the “instance” is separation distance between pumps
and residential property (500 feet), regardless of yard
setbacks:
Current UDO § 5.65. (Ex. 1)
• PUD only addresses whether pumps may be located in
yards:
Ord. Z-465-04 (adopted 2005) (Ex. 5)
• Where does the PUD specify the distance separating gas
pump and residential property (regardless of whether it’s in
a yard)?
o It doesn’t—it’s silent
• UDO “breaks the silence” as to distance separating gas
pumps and residential property
Thus, UDO governs in this instance
8
Other examples—Bike racks
• PUD requires bike racks but is silent as to how many:
• UDO governs:
Current UDO § 5.29 (Ex. 6)
UDO “gap filling” was applied to following WestClay PUD
development:
• Carmel-Clay Library (West Branch)
• Danny Boy
• Little Gym
• National Bank of Indianapolis
• Prudentia Building
• Puccini & West Clay Wine and Spirits
(Ex. 7)
9
CONCLUSION
BZA should deny the appeal and uphold the Director’s
correct application of the governing ordinances and standards.
Carmel Clay Board of Zoning Appeals
Index of Exhibits
1 Current UDO § 5.65
2 Current UDO § 9.05
3 Ord. Z-578-13 (amending former Section 31.06.04 of Carmel Zoning Ordinance, adopted 9/23/2013)
4 Z-608-16 (adopted 2/15/2016)5 Ordinance No. Z-465-04 As Amended (excerpts) 6 Current UDO § 5.29
7 UDO Bike Rack regulations applied to West Clay’s “silent” bike parking requirement
A Carmel-Clay Library (West Branch)
B Danny Boy C Little Gym
D National Bank of Indianapolis
E Prudentia Building
F Puccini & West Clay Wine and Spirits
TAB 1
TAB 2
TAB 3
Sponsor: Councilor Rider
ORDINANCE Z-578-13, As Amended
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance amending Ordinance Z-574-13 regarding the procedures and
development requirements for Planned Unit Developments (PUDs)
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4),
each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
duly approved by Resolution No. CC-05-04-09-02 of the Common Council on May 4, 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, pursuant to Indiana Code 36-7-4-1506 the text of the zoning ordinance must specify
any limitation on planned unit development and any standards, requirements and procedures that govern the
establishment and administration of planned unit development districts; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the
text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-1600-02,
the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that, pursuant to IC 36-7-4-600 and IC 36-7-4-1500 et seq. and after Docket No. 13010013 OA having
received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, April 16,
2013, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as
amended), to read as follows:
Section I:
ZO Chapter 31: General Provisions:
a.Amend Section 31.06.04: Proposals to Adopt or Amend Planned Unit Development District
Ordinances to read:
31.06.04 Proposals to Adopt or Amend Planned Unit Development District Ordinances.
The following procedure applies to a proposal to adopt or amend a PUD District Ordinance:
1.Initiation. The proposal must be initiated by a petition signed by property owners who own
all of the land to be included in the Planned Unit Development District.
2.Definition. The petitioners shall prepare the proposal so that it is consistent with the definition
of a PUD District Ordinance provided in Chapter 3: Definitions.
Ordinance Z-578-13.Version B
1
09/16/2013
3.Decision Criteria. In considering the proposal, both the Commission and the Council shall pay
reasonable regard to:
a.the extent to which the PUD District Ordinance provides (1) a mixed use development
or (2) address unusual site conditions or surroundings;
b.the Comprehensive Plan and any other applicable, adopted planning studies or reports;
c.the extent to which the proposal fulfills the general purposes of the Subdivision
Control and Zoning Ordinances;
d.current conditions and the character of current structures and uses in each district and
its surroundings;
e.the most desirable use for which the land in each district is adapted;
f.the conservation of property values throughout the City and the Township, and
g.responsible development and growth.
4.District Ordinance. The District Ordinance shall be the governing document for the
development of the Planned Unit Development. The District Ordinance and corresponding
exhibits may be formatted to no larger than ledger or tabloid sized (11"x 17") pages and shall
conform to the following:
a.Cover Page and Table of Contents. The cover page shall include the Docket Number
and, when applicable, the Council Ordinance number, the title of the PUD District,
and the submittal date. A Table of Contents shall identify all sections and exhibits
included in the District Ordinance. (See Sample Outline & Ordinance — available in
the Department of Community Services).
b.Development Requirements. The District Ordinance shall clearly indicate in text
and/or map form the subject location as well as the permitted uses and development
requirements to be applied to the real estate. The District Ordinance shall include, but
is not limited to:
i.Concept Plan, which defines the boundaries of the PUD District, delineates any
sub-districts or planning areas and which also illustrates building areas,
parking areas and the basic street and connectivity patterns within the project.
ii. Land Uses proposed, including a specific list of permitted uses in the PUD
District or, when applicable, within each sub-district.
iii. Transportation Systems, including plans for thoroughfares, bicycle and
pedestrian connectivity, as well as specifications for each.
iv. Open Spaces, including minimum acreage and overall percentage.
v.Natural Features, including any streams, regulated drains, floodplains,
wetlands, wooded areas or preserved trees.
vi. Lot Area, Building Height and Setback Standards.
vii. Architectural Standards.
viii. Lighting Standards.
ix. Landscaping Requirements.
x.Sign Standards.
Ordinance 7_-578-13.Version 13
2
09/16/2013
xi. Parking Requirements.
xii. Definitions.
xiii. Approval Process, including a list of approvals required prior to obtaining an
Improvement Location Permit, e.g. Development Plan, ADLS, Primary Plat,
Secondary Plat, Modification procedures.
xiv. Violations &Enforcement.
xv. Schedule of Exhibits, including all text and/or maps required to describe,
depict, illustrate or characterize any of the project details. Any Conditions or
Commitments required per Subparagraph 7, shall also be included in the
Schedule of Exhibits.
c.Any portion of the Carmel Subdivision Control or Zoning Ordinance may be
referenced in the District Ordinance. However, the Subdivision Control and/or Zoning
Ordinance shall govern in instances where the PUD District Ordinance is silent.
d. The Council Signature Page shall occur at the end of the District Ordinance, following
all exhibits and appendices necessary to describe, regulate and illustrate the PUD
District.
5.Supplemental Information. In addition to the District Ordinance and its exhibits, the following
additional information shall be submitted to aid in the review of the PUD District:
a.PUD Comparison Exhibit. A table completed by the Department which compares the
proposed District Ordinance development requirements to the requirements of the
existing zoning District and surrounding neighborhood(s).
b.Character Renderings. One or more renderings shall be submitted which illustrate the
style of the architecture and other site details proposed in the PUD District and sub-
district.
c.Vicinity Map. A map that shows adjacent use(s) and zoning district(s).
d.Existing Site Conditions. A description and/or map of existing conditions on the
subject property, including structures, streets, trails, established open spaces, utility
lines, easements, topography, natural features, or any other feature that may influence
the design of the development.
e.Historic Structures and Features. A description and/or map of historic structures and
features, as determined by the Hamilton County Interim Report or Carmel Historic
Preservation Commission.
6. Public Hearing. The Petitioner and Commission shall give notice and hold a public hearing on
the proposal in accordance with its Rules of Procedure.
7.Conditions & Commitments.
a.When adopting or amending a PUD District Ordinance, the Council may impose
reasonable conditions on a Planned Unit Development.
b.Whenever the Commission deems it advisable in regard to the matters contained in
Subparagraph (12 Modifications) or (3 Decision Criteria) herein, the Commission may
permit or require the owner of a parcel of real property to make a Commitment subject
to the rules prescribed for Commitments by Section 31.06.05. By permitting or
Ordinance Z-578-I3,Version 13
3
09/16/2013
requiring a Commitment, the Commission does not become obligated to recommend
or not recommend the adoption of the proposal.
c.During the time when the proposal is being considered by the Council, the owner of a
parcel of land may make a new Commitment or modify the terms of a Commitment
made when the proposal was before the Commission. No further action of the
Commission is required for a new Commitment to be effective. If a Commitment
made when the proposal was before the Commission is modified and the effect of the
modification is to make the Commitment more stringent, no further action of the
Commission is required for the modified Commitment to be effective; however, if the
effect of such a modification is to make the Commitment less stringent, then the
modified Commitment must be ratified by the Commission to be effective. A
Commitment made or modified under this provision is subject to the rules prescribed
for Commitments by Section 31.06.05.
d.To the extent that any of the required Conditions or Commitments is a direct alteration
of a development requirement listed in the District Ordinance, then the District
Ordinance shall be amended to reflect the required Commitment.
8.Certification. Within ten (10) business days after the Commission determines its
recommendation (if any), the Commission shall certify the proposal to the Council with a
favorable recommendation, an unfavorable recommendation, or no recommendation from the
Commission.
9.Council Action. The Council shall vote on the proposal within ninety (90) days after the
Commission certifies the proposal. The Council's consideration of the proposal is governed
by IC 36-7-4-608 and IC 36-7-4-1512.
10. Maps. If the proposal is adopted, the Commission shall update the zone maps that it keeps
available with the Zoning Ordinance and the City's Code of Ordinances to reflect the
designation of the parcel as a Planned Unit Development District.
11. Effective Date. Unless the proposal provides for a later effective date, the PUD District
Ordinance takes effect when the proposal is duly adopted.
12. Modification.
a.The same procedure as is contained in Section 31.06.02 for the amendment or partial
repeal of the Zoning Ordinance applies to a proposal to amend or partially repeal the
text of a PUD District Ordinance
b.No alterations from an approved Development Plan, ADLS, or Primary Plat may be
made except those that comply with all applicable development standards contained in
the PUD District Ordinance, or those that are approved in accordance with
Subparagraph c or d below.
c.The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the
dimensional standards of the PUD District Ordinance, by less than ten percent(10%)
of the specified standard. Any approval of such waiver is subject to the following
criteria:
i.The proposal shall be in harmony with the purposes and land use requirements
contained in the District Ordinance.
Ordinance Z-578-13.Version B
4
09/16/2013
ii. The proposal shall complement the overall development plan and the adjoining
streetscapes and neighborhoods.
iii. The proposal shall not produce a site plan or street/circulation system that
would be impractical or detract from the appearance of the PUD District, and
must not adversely affect emergency access in the area.
d.The Board of Zoning Appeals may also review and approve Variances from the terms
of the PUD District Ordinance, pursuant to Chapter 30.
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 this I day of 0-i-'m1
2013, by a vote of Lo ayes and I nays.
Ordinance Z-578-13,Version B
5
09/16/2013
COMMON COUNCIL FOR THE CITY OF CAR A E
4. )L7./.:K
iIIIIIMINIA9111111111411"
Presiding Officer evin D. Rider
1) 1
i (4,_&49. /•,-
Richar 7L. Sharp, Pr sident Pro Tempore Carol Schleif U
e--- e74
Ronald E. Carter W. Eric Sei ensticker
A'
O Po s c,L. j Mimi
Sue Finkam Luca-Snyder
ATTEST:
i
I ' • /,
Diana L. Cordray, IAMC, Clerk-T •asurer
Presented by me to the Mayor of the City of Carmel, Indiana this
17f
day of
r.tpw J)VL 2013, at 9:4-6— G.M.
141;4k.& `
f
2
Z?
2Cth %,
Diana L. Cordray, IAMC, Clerk-Tr(asutrer
Approved by me, Mayor of the City of Carmel, Indiana, this a 3 day of
649t21wdi-h. 2013, at !0:1S A.M.
7
J es Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Tre. ur-r
Prepared by:
Adrienne Keeling,Planning Administrator,One Civic Square,Carmel,IN 46032
Ordinance Z-578-13.Version B
6
09/16/2013
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE
PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-578-13 (formerly Z-574-13):
PUD Requirements Ordinance Amendment
Petition to amend Chapter 3: Definitions and Chapter 31: General Provisions of the Zoning
Ordinance for the purpose of modifying the definitions, procedures, and development
requirements for new Planned Unit Development district ordinances(PUDs).
To: The Honorable Common Council
Of the City of Carmel
Hamilton County,Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the rejection of the petition (Docket No.
13010013 OA) to amend the definitions, procedures, and development requirements for new Planned
Unit Development district ordinances (PUDs).
The Plan Commission has duly considered the Common Council's rejection of Z-574-13, as well as the
Council's reasons for such rejection, and the Plan Commission has voted to DISAPPROVE the rejection
and also to forward the proposed Ordinance back to the Council with corrective amendments.
At its meeting on August 6, 2013, the Executive Committee, acting on behalf of the Commission voted
four (4) in Favor, zero (0) Opposed, zero (0) Abstaining, to disapprove the rejection of Common Council
Ordinane Z-574-13 and also to forward the proposed Ordinance Z-578-13 with a Favorable
Recommendation.
k
Please bea°dvised that by virtue of the Commission's Disapproval, pursuant to IC 36-7-4-607(e)(4)(B),
the Council has forty-five (45) days to confirm its vote on Z-574-13 or to act upon Z-578-13. If the
Council fails to act, then Ordinance Z-574-13 becomes effective as originally Certified by the
Commission on April 17, 2013. Forty-five days from the date of this Certification (August 12, 2013) is
Thursdayl September 26,2013.
CARMEL PLAN COMMISSION
BY: ``t"C..l?-e - R 3+KCY -Cb k 64-41--K
Steven R. Stromquist, President
ATTEST:
1 Y
Lisa Motz, Secretary
Carmel Plan Commission
Dated: August 12, 2013
2013-0812:Z-574-13:PC ReCertification and forward Z-578-13.revised.docx
TAB 4
Sponsors: Councilor Kimball
CARMEL, INDIANA
W estClay Village
PLANNED UNIT DEVELOPMENT DISTRICT
(Text .4me11dment)
ORDINANCE Z-608-16
January 23, 2016
ExJ1i bit "A" -Page 1 of 4
TABLE OF CONTENTS
Section 1. Applicability of Ordinance .............................................................................................. 3
Section 2. Exhibits ....................................................................................................................... 3
Exhibit A. Amendments
Exhibit B. Amendment Locations
Exhibit C. District Development Plan
Note: All of the above Exhibits (A-C) are attached to this 2015 WestClay Amendment
Ordinance, are incorporated by reference into this 2015 W estClay Amendment Ordinance and
are part of this 2015 WestClay Amendment Ordinance.
2
Sponsors: Councilor Kimball
ORDINANCE Z-608-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA AMENDMENG THE WESTCLAY VILLAGE PLANNED UNIT
DEVELOPMENT DISTRICT ORDINANCE
Synopsis:
Ordinance amends certain provisions of the West Clay Planned Unit Development District
Ordinance (the "West Clay PUD"). These amendments relate solely to two (2) mixed use
(commercial/residential) areas: the Village Center and WestClay Uptown. The changes are
necessitated by the cun-ent limit on residential density within the West Clay PUD, and are in
response to changes in economic conditions over the course of a decade that render it unfeasible
to build out the Village Center and WestClay Uptown exclusively for office and retail uses. The
amendment for (i) Area 1, as identified in the ordinance, will permit a maximum of 52 additional
dwellings, (ii) Area 2 would allow an addition of approximately thirty (30) loft units and an
additional nine (9) Townhomes, and (iii) Area 3 would subject Area s to the same standards as
other businesses within WestClay Uptown (the Peripheral Retail Area of the West Clay PUD).
WHEREAS, a petition has been filed, as Docket No. 15090010 OA (the "2015 WestClay
Amendment"), to amend the development requirements of the Z-330, The WestClay Village
Planned Unit Development District as amended (the "District"); and
WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") has
given a Favorable recommendation to this 2015 WestClay Amendment to the Common Council
of the City of Cannel, Indian (the "Council").
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-
7-4-1500 et seq., the Council adopts this 2015 Westclay Amendment Ordinance, as an
amendment to the District, (ii) all prior ordinances or parts thereof inconsistent with any
provision of this 2015WestClay Amendment and its exhibits are hereby made inapplicable to the
use and development of the real estate subject to the District, (iii) this 2015 Westclay
Amendment Ordinance shall be in full force and effect from and after its passage and signing.
Section 1. Applicability of Ordinance. The provisions the District shall be amended by the
standards established in what is attached hereto and incorporated herein by reference as Exhibit
"A" which are applicable to the areas within the District as identified in Exhibit "B". In all other
respects, the District Ordinance shall remain in effect and unchanged.
Section 2. Exhibits. All of the Exhibits (A-C) on the following pages are attached to this
2015 W estClay Amendment Ordinance, are incorporated by reference into this 2015 WestClay
Amendment Ordinance and are part of this 2015 W estClay Amendment Ordinance.
The remainder of this page is left blank intentionally.
3
Exhibit "A"
(Amendments)
Section 1. The District shall be amended to include the following standards on the real estate
identified as Area 1 on Exhibit "B" Page 1 of 3.
A. Section 7 .1 of the District Ordinance shall be amended to permit a maximum of
fifty-two (52) dwellings in addition to the number of dwellings allowed under the
permitted residential density in the District.
B. The development of all dwellings shall not be subject to the Peripheral Retail
Area Design Guidelines and shall be subject to the Village of WestClay Building
Guidelines and Requirements for Residential Construction.
C. A Secondary Plat shall be required for development of dwellings.
Section 2. The District shall be amended to permit the following standards on the real estate
identified as Area 2 on Exhibit "B" Page 2 of 3.
A. Section 7 .1 shall be amended to calculate the residential density in the District
exclusive of all Village Center Lofts and Townhomes located in Area 2.
B. The Amended Section 7 .1 shall be as follows: "The gross residential density in
the District exclusive of (i) 216 units of Senior Housing, (ii) all Village Center
lofts, (iii) eighteen (18) Townhomes in Block F, (iv) and fifty-two (52) dwellings
in the Peripheral Retail Area shall not exceed 2.1 dwellings per acre and the gross
residential density in the Secondary Area shall not exceed 1.3 dwellings per acre."
Section 3. The District shall be amended to remove the real estate identified as Area 3 on Exhibit
"B" Page 3 of 3 from P1imary Area (SH) and designate the real estate identified as
Area 3 on Exhibit "B" Page 3 of 3 Peripheral Retail Area on the District
Development Plan (see Exhibit "C" for reference).
The remainder of this page is left blank intentionally.
4
Exhibit "B"
(Amendment Locations)
Tax Parcel Numbers: Pali of l 7-09-29-00-20-002.000
Part of 17-09-29-00-20-003.000
(Total of 12.4+/-Acres)
Exhibit "B'' Page 1 of 3
Tax Parcel Numbers: All of l 7-09-28-00-06-004.000
All of l 7-09-28-00-07-001.000
All of l 7-09-28-00-07-002.000
All of l 7-09-28-00-07-002.008
(Total of 7.94+/-Acres)
Exhibit "B" Page 2 of 3
Tax Parcel Number: Pai1 of l 7-09 -29-00-20-002.000
(Total of 1.3 +/-Acres)
Exhibit "B" Page 3 of 3
Exhibit "C"
(Amended District Development Plan)
Exhibit "C" Page 1 of 1
PROPOSED
DISTRICT EXHIBIT
0 Primary Area (MU)
■ Primary Area (RLI)
0 Secondary Area
0 Village Center Area
Primary Area (MU)
0 Open Space
0 Peripheral Retail Area
■ Primary Area (SH)
ADOPTED by the Common Council of the City of Cannel, Indiana this /t.Jfv/ day o f _Pt-b r-u~:/\'1 , 2016, by a vote of 7 ayes and Q nays.
I
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
)£.~~help ,¥~
~
d E . Carter, Council President
Sue i;ut/4
J
Ch'astine S. P_auley, t lerk-Treasurer0
This Instrument prepar ed by: James E. Shinaver, attorney at law , NELSON &
FRANKENBERGER and Jon C. Dobosiewicz , land use professional , NELSON &
FRANKENBERGER . 550 Congressional Blvd , Carmel, fN 46032.
Wes lclay Vill a~e PUD /\mendmenl with synoi,s is-0123 16 CC
TAB 5
Ordinance No. Z-465-04 As Amended
(Excerpts)
ORDINANCE NO. Z-465-04
AS AMENDED
Sponsor: Councilor Rattermann
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA, AMENDING THE WESTCLAY VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE
Amending the WestClay Village Planned Unit Development District Ordinance
WHEREAS, a petition has been filed, as Docket No. 04060035 OA, to (i) amend the
development requirements under, and amend and restate, Ordinance No. Z-330 establishing the
WestClay Village Planned Unit Development District (the "District"), as previously amended
and restated, as provided in Exhibit "A" attached hereto and (ii) to amend the provisions of
Section 31.06.04.1 of the Carmel Zoning Ordinance to add at the end thereofi "...provided the
foregoing shall'not apply to proposals to (i) amend Ordinance No. Z-330, establishing The
WestClay Village Planned Unit Development District, as the same is amended or restated from
time to time, or (ii) add land to The WestClay Village Planned Unit Deveiopment District"; and
WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission")
conducted hearings on Docket No. 04060035 OA at its August 17, 2004 and November 16, 2004
meetings as required by law;
WHEREAS, the Plan Commission, sent a favorable recommendation relating to Docket
No. 04060035 OA to the Common Council of the City of Carmel, Indiana; (the "Council") and
WHEREAS, the Council, acting pursuant to lC 36-7-4-607(f), has amended the proposal
to, inter alia, (i) reduce increases in the permitted residential density of the District and limit the
permitted number of Village Center Lofts, (ii) limit the number of"fast food" mstaurams, (iii)
limit the number of buildings in the Peripheral Retail Area providing drive-thru service, (iv)
increase buffer yard requirement and (v) limit hours of operation in the Peripheral Retail Area,
and desires to return the proposal to the Plan Commission
NOW, THEREFORE, BE IT ORDAiNED by the Council:
Section I. Pursuant to IC 36-7-4-1500 et. seq., Ordinanc~ No. Z-330 is amended and
restated as provided in Exhibit "A" attached hereto and as thus amended and restated constitutes
and amendment to the Carmel/Clay Zoning Ordinance Z-289, as amended.
Section II. The provisions of Section 31.06.04.1 of the Cam~el Zoning Ordinance are
hereby amended to add at the end thereof: "...provided the foregoing shall not apply to
proposals to (i) amend Ordinance No. Z-330, establishing The WestClay Village Planned Unit
Development District, as the same is amended or restated from time to time, or (ii) add land to
The WestClay Village Planned Unit Development District."
14.4. Bike racks shall be provided in the Village Center, the Peripheral Retail Area and in
community areas located elsewhere in the Development.
14.5. Sidewalks in the Primary Area and the Peripheral Retail Area may be penetrated by tree
lawns and/or planting areas.
Section 15. Area and Bulk Regulations.
15.1. Large lot single family detached dwellings in the Primary Area.
B.
C.
D.
Minimum lot area: 8,400 square feet
Minimum lot width at build-to line: 70 feet
Minimum lot depth: 120 feet
Minimum yard dimensions
Build-to line: 20 feet unless otherwise specified on.an approved final
plat
Front yard: minimum of 10 feet
Side yard: minimum of 5 feet per side; aggregate 15 feet
Rear yard: 20 feet (12 feet if access is available from an alley)
Maximum building height: 35 feet
Maximum building coverage: 50 percent
Garage required
15.2. Large lot single family detached dwellings in the Secondary Area shall comply with the
area .and bulk regulations established for the R-2 District in the Zoning Ordinance, except as
provided in Section 7.5 of this Ordinance and except as follows:
A. Minimum lot width at the building setback line: 70 feet.
B. Maximum building height: 35 feet.
C. Minimum front yard: 20 feet.
D. Minimum rear yard: 20 feet (12 feet if access is available from an alley)
H. On site parking at rear of Lot required; supplemental screened side yard parking
permitted
15.8. Commercial Uses, Mixed-Use and Vertical Dwelling Buildings in the Primary Area.
B.
C.
D.
Lot area: minimum of 1,000 square feet
Lot width at build-to line: minimum of 25 feet
Minimum lot depth: 40 feet
Yard dimensions
Build-to line (unless otherwise indicated on an approved final plat or
in another recorded instrument): 5 feet
Front yard: a minimum of 0 feet, a maximum of 20 feet
Side yard: none
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required
Maximum building height: 50 feet
Maximum building coverage: 100 percent
All off-street parking must be to rear, in screened side yards or in common
parking lots complying with Section 16.
15.8.1 Commercial uses in the Peripheral Retail Area.
B.
C.
D.
Lot area: minimum of 5,000 square feet
Lot width at the build-to line: 50 feet
Minimum lot depth: 100 feet
Yard dimensions:
Build-to line: 10 feet unless otherwise indicated on an approved final plat
or in another recorded instrument.
Front: 10 feet
Side: 10 feet
Rear: 10 feet
Maximum building height: 40 feet
On-site parking must comply with the requirements of Section 16.1
15.9. Civic Buildings (Exclusive of Day Care), Bed and Breakfast Establishments and Inns not
located in a Community Area.
B.
C.
D.
Lot area: a minimum of 5,000 square feet
Lot width at build-to line: a minimum of 50 feet
Minimum lot depth: 110 feet
Yard dimensions
Build-to line
Community facilities, bed and breakfast establishments and inns:
15 feet
Religious: 25 feet
Institutional: 20 feet
30
Front yard: mininmm of 10 feet
Side yard (each side): minimum of 15 feet
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required
Maximum building height: 50 feet if~n the Village Center; otherwise, 45 feet.
Maximum building coverage: 60 percent
All required off-street parking must be in the rear yards, screened side yards or in
common parking lots complying with Section 16.
15.10. Commercial Child Day Care and Elderly Day Care Facilities: as required by the Zoning
Ordinance (exclusive of Section 25.0 thereof) to the extent not inconsistent with the specific
provisions of this Ordinance. No front or side yard setback shall be required, but a rear yard of
not less than 20 feet will be required unless abutting a common parking lot, in which evem no
rear yard is required.
15.l 1. Accessory buildings may be located in the rear yard and in the side yard behind the rear
facade of the principal structure. Residential garages, whether attached or unattached to the~
principal dwelling structure, may be located in a rear yard if access thereto is afforded from an
alley. An accessory building (including accessory dwellings) located in the Secondary Area may
not exceed 25 feet in height. Accessory buildings (including accessory dwellings) located
elsewhere in the District shall not exceed 35 feet in height.
15.12. Threshold elements may encroach into a from or side yard and shall not count against lot
coverage limitations. In addition, architectural features such as cornices, eaves, bays, sills, belt
courses, awnings, stoops, stairs, balconies, chimneys, gutters and fire escapes may encroach into
an established or required yard up to (i) five feet if the lot is located in the Primary Area and (ii)
three feet in the Secondary Area.
15.13. Lots may be consolidated as building sites, in which event the yard dimensions ~hall be
applied to the consolidated building site and setbacks measured from the exterior lot lines of the
consolidated building site.
15.14. Accessory uses such as public utility installations, private walks, driveways, retaining
walls, mail boxes, nameplates, lighting fixtures, patios at grade, birdbaths and structures of a like
nature ai'e permitted in any required front, side or rear yard.
15.i5. Where gasoline sales are permitted, pumps and light standards may be located in any
yard.
15.16. Fences and walls may be located in any yard subject to the provisions of Section 22.
15.13. Signs may be located in an established front setback or a side yard abutting a street as
permitted by Section 18.
15.18. Off-street parking areas, maneuvering areas for parking and loading areas are prohibited
in the established front building setback, in any established side yard abutting a street and in any
31
B. A six (6) foot wide perimeter planting area shall be provided along the perimeter of
parking.areas. The required planting unit for this area shall include: two (2) shade
trees, three (3) ornamental trees and thirty (30) shrubs per 100 linear feet.
C. Masonry walls not exceeding 48 inches in height may be substituted for perimeter
planting areas.
16.16 The parking spaces required for any building or use may be located in a common parking
lot, a shared parking area or a parking structure if such lot, area or structure is located
within 300 feet of the building or use.
16.17 The following shall apply to drive-thru lanes in the Peripheral Retail Area:
A. Stacking shall be confined to the sides and rear of the parcel.
B. Lanes for drive-thru facilities shall not be permitted along the front of a
building nor permitted to spill over onto adjoining properties.
C. Outlet from drive-thru lanes may be through any established ingress/egress
drive serving the parcel.
D. The minimum number of vehicle stacking spaces required for drive-thru
lanes shall be as follows:
1) Bank teller lane: '5 measured from the teller window
2) ATM: 3 measured from the ATM
3) Restaurant or fast food drive-thru: 10 measured from the pick-up
window
4) Car wash: 5 measured from the entrance
5) Gas pump island: 3 measured from the pump island
6) Drug store: 3 measured from the pick-up window.
E. No required stacking vehicle space shall block or obstruct access to a
public entrance to the building.
Section 17. Loading and Service Areas.
17.1. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be
placed to the rear or side of buildings.
17.2.Screening and landscaping shall prevent direct views of the loading areas and their
driveways from adjacent properties or from the public right-of-way. Screening and
buffering shall be achieved through walls, fences, and landscaping, shall be a minimum
of five feet tall, and shall be visually impervious. Recesses in the building, or depressed
access ramps may be used.
37
TAB 6
TAB 7
TAB 7-A
TAB 7-B
TAB 7-C
City of Carmel
DEPARTMENT OF COMMUNITY SERVICES NDTAN
December 7, 2007
Mr. Brandon T. Burke, P.E
The Schneider Corporation
12821 E. New Market Street, Suite 100
Carmel, IN 46032
Little Gym RE: Villas ge of West Clay
Dear Mr. Burke
The following letter represents comments for this project specifically addressing the area
I have reviewed the drawings submitted for the December of altemative transportation
19, 2007 Technical Advisory Committee meeting and offer the following comments
ALTERNATIVE TRANSPORTATION REVIEW COMMENTS
1) The City of Carmel Parking Ordinance requires all commercial venues to include
bicycle parking. Bicycle parking spaces are required at a rate of five (5) bicycle
parking spaces per one hundred (100) automobile parking spaces with a minimum
of four (4) spaces. In this instance it is highly recommended that at least four (4)
bicycle parking spaces are provided. Please revise your plans to show the bicycle
parking spaces on your site. Please see the City of Carmel 's Parking Ordinance in
order to determine appropriate locations and construction details for the above.
We request that all responses to our comments be provided in writing. Failure to provide
written responses may result in delay of the review process
It is critical that this office be made aware of all modification made on the plans being re-
submitted, particularly if any such changes are considered new or fall outside of our
6
Please notify us previous reviews. Please provide revised plans indicating all revisions
of any changes and specifically state any changes, including changes resulting from Plan
Commission, Special Studies or other committee meetings
Page 1
317/571-2417 CARMEL, INDIANA 46032 ONE CIVIC SQUARE
TAB 7-D
TAB 7-E
TAB 7-F