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Home My WebLink AboutCorrespondence 't @ /3(P-o/ cf7#' #H~ !Zt;!~ Sponsor: Councilor Wayne Wilson RESOLUTION NO. CC-04-01-02-01 (Formerly Resolution No. CC03-18-02-01) A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AN AMENDMENT TO THE CARMEUCLA Y COMPREHENSIVE PLAN REGARDING THE HOME PLACE DISTRICT WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit oflocal 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 2020 Vision Comprehensive Plan (the "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, I 996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Carmel Clay Plan Commission appointed the Home Place Task Force to study the needs of the Home Place area and to make recommendations on specific policies to address those needs; and WHEREAS, the Carmel Clay Plan Commission has duly approved, and recommended to the Common Council, an amendment to the community's Comprehensive Plan that determines policies for the Home Place District; .. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-509, it hereby adopts this Resolution to approve the following amendment to the comprehensive plan regarding the Home Place District. . [See attached Exhibit A] After its adoption, this Resolution shall be filed in the office of the Clerk- Treasurer of the City of Carmel, who shall also forward one (1) copy ofthis Resolution to the secretary of the Carmel Clay Plan Commission and one (1) copy to the office of the Hamilton County Recorder, all in accordance with IC 36-7-4-509 and other applicable laws. PASSED by the Common Council of the City of Carmel, Indiana this J ~+ day of ~, 2002, by a vote of ~ ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL 1\ .~ OV~f:RJi Il{ .-- IL.:.. I~.byLttc {cSn}fiL ../.. ~. reasurer '" 1 , 'ented by me to the Ma3 of the City of Cannel, Indiana the / dr-day of . 1;' ~ , 2002, at .' l..:>P.M. ~~ J5..L:- Approved by me, Mayor of the City of Carmel, Indiana, this ~ day of }} Pel L ,2002, at P ~ P.M. . ATTEST: Diana L. Cordray, lAMC, Clerk-Treasurer Prepared By: John R. Molitor Cannel/Clay Plan Commission Attorney Cannel City Hall One Civic Square Cannel, IN 46032 ..,....~.*.......... '-- .1__ _._ ~ Resolution No. CC-03.18-o2-G1 EXHIBIT a Home Place Community Policies The Home Place Community is identified as a strongly mature area comprised of mixed density residential neighborhoods and commercial areas. Much of the community is suited for redevelopment, but there still exists areas able to accommodate new development. These policies are meant to continue and improve the quality of life the community enjoys by providing guidelines for new development and redevelopment while protecting the existing neighborhood stability. 1.1 GENERAL RESIDENTIAL POLICIES 1.1.1 In residential neighborhoods, land use should be primarily for residential pmposes. Commercial development within residential areas generally should not occur unless the commercial use is neighborhood serving and with an intensity and scale that is compatible with the neighborhood where it is proposed. 1.1.2 Transitions, in scale and density, should occur between residential and commercial areas to maintain neighborhood stability. Landscape buffers should be standard development requirements to aid in "softening" these transitions. 1.1.3 In the plattingfreplatting of residential areas, the process shall require the preservation of unique landscapes in accordance with the Standards for Open Space found in Chapter 7, of the CarmeVClay Subdivision Control Ordinance. 1.1.4 Sidewalks, landscaping, and pedestrian walkways should be standard development requirements for any development or redevelopment project (i.e. plattinglreplatting, development plan, special use, and ADLS approvals). 1.1.5 Consistent with the objectives identified in the 2020 visioning process, the plattingfreplatting process may require dedication of useable properties for the expansion of the public open space system within the CarmeVClay area. 1.1.6 The land development process shall provide for development of multiple modes of accessing certain areas of the community including schools, parks, civic buildings, and neighborhood serving commercial areas. This should include development of the pedestrian and bicycle network system by providing both internal and external linkages through trails, paths, stub streets, or other connections to adjacent residential, recreational, and nearby commercial areas. 1.1.7 A long-term plan for the installation of sidewalks and pathways should be devised to link neighborhoods with destinations such as schools, parks, commercial areas, and the Monon Greenway. 1.1.8 These policies are not intended to preclude consideration of innovative mixed use residential sectors occurring adjacent to cultural, educational, or neighborhood service centers within the Home Place community, provided such are designed so as to serve and enhance the greater community, complement the general architectural theme of the immediate area, and do not generate significant traffic congestion. 1.1.9 New development should maximize the preservation of trees to maintain and enhance the cohesive quality of existing tree groves, and require, when new development is proposed, open space preservation or dedication of land on which there are significant trees or trees that may be reforested or afforested. 1.1.10 In areas where zoning changes are requested, the following factors shall be considered: Adequate transition, in scale, architecture, and landscaping is provided between residential and commercial uses 03/08/2002 1 . Resolution No. CC-G3-18-G2-G1 'J Transportation access and internal circulation The size and configuration of the area to be rezoned does not compromise the cohesiveness of adjacent residential neighborhoods The development is designed to discourage cut-through traffic in surrounding residential neighborhoods Traffic calming and streetscape plans EXHIBIT a j 1.2 MEDRJM-INTENSITY RESIDENTIAL AREA POLICIES 1.2.1 Zoning classifications S-2, R-I, R-2, R-3, and Planned Unit Development (POO) shall be considered in Medium-Intensity Residential Areas (MIR). 1.2.2 MIR should be located adjacent to a collector roadway or secondary arterial roadway. 1.2.3 A MIR. should be adequately buffered from community/regional employment areas, neighborhood serving areas, and high-intensity areas through the existence of at least one of the following: · Roads · Public or private open space · Perimeter landscape buffering · Public or institutional buildings · Sensitive site design 1.2.4 A MIR should be served by and be accessible to nearby: · Neighborhood conunercial areas · Parks or playgrounds .. Bicycle and pedestrian ways (i.e. sidewalks and paths) · Police, :fire, and public safety 1.3 IDGH INTENSITY RESIDENTIAL AREA POLICIES 1.3.1 Zoning classifications R-4 and R-S shall be considered in High-Intensity Residential Areas (HIR). 1.3.2 An HIR should only occur: · Along the edge of residential community areas; or · Adjacent to the West Home Place Commercial Corridor; or · A3 part of intensive mixed use projects such as a PUD 1.3.3 An HIR shall only be permitted where access is directly available to the development site by at least a secondary arterial or secondary parkway. 1.3.4 Primary access should not be through MIR neighborhoods. 1.3.5 An HIR. should be adequately buffered from a MIR through the existence of at least one of the following: · Roads · Public or private open space · Perimeter landscape buffering · Public or institutional building · Sensitive site design 03/08/2002 2 - 1- .. Resolution No. CC..cJ3.18.Q2.Q1 EXHIBIT a .. 1.4 HOME PLACE BUSINESS DISTRICT POUCIES 1.4.1 Home Place Business District (HPBD) office and retail uses should be conveniently located near residential community areas. These uses should be of an intensity and scale compatible with surrounding uses. both in scale and architecture. 1.4.2 HPBDuses should be buildings no more than two stories in height. The second story of these buildings may be for commercial or residential uses. 1.4.3 Some components of these areas could include. but are not limited to: . Comer grocer · Convenience store . Soda fountain . Barberlbeauty shop . Coffee shop . Pharmacy . Restaurant . Dry cleaner drop off/pick up . General/professional office uses · Second floor residential uses 1.4.4 Pedestrian and bicycle access to HPBD development should be available from adjacent residential areas. 1.4.5 Retail/commercial rezoning requests compatible with the policies for HPBD development shall be evaluated based in part on the existence of comparable retail facilities in the area. A new facility should not be located within one-half (1/2) mile of another comparable retail facility. 1.4.6 HPBD developments are to De loCations of varied community activity for the neighborhoods they serve. Multi-use development of residential, retail. and office uses will be encouraged in this area. 1.4.7 HPBD developments shall be adequately buffered from MIR. areas through the existence of at least one of the following: . Roads . Public or private open space . Perimeter landscape buffering . Public or institutional buildings . Sensitive site design 1.4.8 HPBD development should not negatively affect the nearby residential neighborhoods. The following factors shall be considered: . Delivery of goods . Outdoor storage . Removal and containment of refuse/recycling . Signage and lighting . Landscaping . Circulation. parking, traffic and access . Architectural appearance . Safety and vehicular and pedestrian access to area businesses and adjacent residential neighborhoods . Excess noise 03/08/2002 3 Resolution No. CC..Q3-18..Q2..Q1 EXHIBIT a .. . . Enhancement of the pedestrian environment Streetscape character and aesthetics 1.4.9 HPBD developments should have the following accessibility characteristics: . The site is at the intersection of at least a collector street; or . A location where access is adequate for the use and shall not adversely affect the surrounding residential neighborhood or create a nuisance 1.5 WEST HOME PLACE COMMERCIAL CORRIDOR POLICIES 1.5 .1 West Home Place Commercial Corridor (WHPCC) development should contain office and community- serving retail buildings. . Buildings located within the High-Intensity Area should not exceed 3 stories in height. . Buildings located within the Low-Intensity Area should not exceed 2 stories in height. 1.5.2 WHPCC developments should be located where regional access is available; including the intersection of at least a primary arterial, or parkway and secondary arterial or parkway. 1.5.3 Direct area access from regional thoroughfare systems shall be available on major thoroughfares and shall not pass through residential neighborhoods on collector streets. 1.5.4 Some components ofWHPCC developments could include, but are not limited to: . Office/showroom . Flex space developments . Medical and other professional offices 1.5.5 WHPCC developments may be adjacent to MIR areas, however, should be buffered from MIR areas through the existence of at least one of the following: . Roads . Public or private open space . Perimeter landscape buffering . Public or institutional buildings . A secondary arterial thoroughfare . Scale and sensitivity of site design 1.5.6 WHPCC developments should not negatively affect the nearby residential neighborhoods. The following factors shall be considered: . Delivery of goods . Outdoor storage . Removal and containment of refuse/recycling . Signage and lighting . Landscaping . Circulation, parking, traffic and access . Architectural appearance . Excess noise 03/08/2002 4 ~- ~-------~- -------~------- -----~-- u u u CARMEL CITY COUNCIL March 18, 2001 5. Z-375-02, Home Place Overlay Zone Petitioner seeks adoption of an ordinance for the establishment of the Home Place District Overlay Zone & Comprehensive Plan Policies. The area affected is generally known as Home Place. Filed by the Department of Community Services for the Home Place Task Force. The CarmeVClay Plan Commission forwards this ordinance to the Common Council with a unanimous (10-0) Favorable Recommendation (see enclosed certification). This Ordinance is one of three parts the Council will be acting on to implement the proposed Home Place Overlay. This Ordinance establishes the text in the Zoning Ordinance. Another item on this same agenda, Resolution No. CC-03-18-02-01, adopts new comprehensive plan policies for Home Place (see tab number 7). Another Ordinance addressing the area where the text will be applied to the zoning map, a map amendment will be submitted to the Council at the April 1, 2002 meeting. The map amendment could be acted upon at the same time as this ordinance. The Department recommends that this item be forwarded to the Annexation and Land Use Committee for review and that the Council adopt the Ordinance upon receiving a recommendation from the committee. Rrief description and hack~rollnd information~ The Home Place Task Force was formed to create Comprehensive Plan policies and an Overlay Zone that would serve the Home Place area. Several factors make this area particularly sensitive now and in the future for redevelopment. First, the US 31 upgrade with a potential interchange to be located at 106th Street. Second, the recent road improvements on Pennsylvania Street. Last, the availability of relatively reasonably priced real estate. These factors will make the Home Place area even more viable for commercial development in the future. Recognizing this and the need to protect the established neighborhoods, the Task Force set out to establish basic design standards to guide commercial development and redevelopment in the area. Within the entire area (bounded on the east by the Monon Trail, on the west by Pennsylvania Street, on the south by 1-465 and on the north by I 16th Street), commercial development, redevelopment, renovations, and additions would be required to comply with the general guidelines for landscaping, lighting, parking, pedestrian circulation, and material storage. Those properties falling within the Home Place Business District (around the intersection of 106th Street & College Avenue) and the West Home Place Commercial Corridor (east side of Pennsylvania Street) would have, in addition, site design, architectural, and buffer standards that would ensure commercial development would be compatible with and sensitive to nearby neighborhoods. The proposed Overlay Zone and Comprehensive Plan policies attempt to foster growth in this Council Report 2002-3-8.rtf u area by focusing commercial development in areas where it already exists and establishing reasonable design standards to protect residential areas. The standards proposed are drawn from the Comprehensive Plan policies and from standards established in other Overlay Zones throughout the Township. The standards are based on significant public input and by examining development patterns within the area. The goal is to maintain the urban village character while accommodating future development or redevelopment. u u Council Report 2002-3-8.rtf · · · · · · Home Place District Boundaries .11.11. West Home Place Commercial Corridor-High Intensity - - - West Home Place Commercial con1lridor-LOW Intensity Home Place Business District I I I I I "\ /'/ // /I /' 'I f--- I. 1/ , ..-/ ----~ 07 ::::::'1) \ h~ ~~~~~;IiI~ L. I I I Villi II 1 1 V /I \ \1J(=l'rl, IL "^ ,J)l-W (:j- ~~ l~il'I\II~\3 ~""~[] ~ I=~~~~~~ I P ~III- ~ II' fT ~~; III ::~~ -l- ~II 17 rx - " I I tti J. ~ - ~'( 1\ ~ I I I ^ .u~a ~~ 81-\J 11 ~W~ r c-- 2j% /11 I ~ ~ IlHrnm= -:0 \1 II I : I I!-rrtk} --!1 :: ~~ leO rl,\I,I,I,I,III,I,I,,~ -c- IIIIII~_~~ \ I ~ I-+- II-+- ::r:: - \ V f- f- 11:-:-_1-1 I-- ..-'- I!- ~ 1"<1:;;:{ ):::f::] j- j-J ;- r I:-:- f-l),.of- -+- - 1 L .1">-. ""'"" '<l1\ Fl F1 lli'1- I FT,. '11I\ F t - \- ~ .,~~~............. .. II -400 Q) · · · .. ..... ==i ~hd@ud},~': I I~~ -- -- - - 116th - - - - . . ~ \.11: fnl 111th s_u~ c - 106th f- Home Place District Overlay Zone Map ../ ~ o i ....... '. u u u Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-375-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23E: Home Place District Overlay Zone a/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 establishing the Home Place District Overlay Zone in order to preserve and promote the quality of life for new and existing residents; and WHEREAS, the Carmel/Clay Plan Commission has du1y 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/CLA Y ZONING ORDINANCE CHAPTER 23E: HOME PLACE DISTRICT OVERLAY ZONE 23E.O Home Place District Overlay Zone. 23E.0.1 purpose. Intent and Authority. It is the purpose of the Home Place District to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties located in the Home Place neighborhood in Clay Township, Hamilton County, Indiana. The Commission Ordinance No. Z-375-02 p. 1 and Council, in establishing this zone, are relying on IC 36-7-4-600 et seq. and IC Q.. 36-7-4-1400 et seq. This zoning district is, likewise, intended to serve as a tool for implementing the development policies and guidelines set for the Home Place District in the Comprehensive Plan. 23E.I District Boundaries. The Home Place District Overlay Zone is generally bounded by the following streets; to the west by Pennsylvania Street, to the north by East 1 I 6th Street, to the east by the Monon Greenway, and to the south by 1-465. The Home Place District is comprised of the following sub-districts as shown on the Home Place District Boundaries Map, Exhibit A: A Home Place Business District, which is primarily comprised of the properties located near the intersection of East 106th Street and North College Avenue. B West Home Place Commercial Corridor, which is comprised of properties on the East side of Pennsylvania Street from East 103rd Street to East I 16th Street. 23E.2 Commission Approval. o A. Development Plan. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit Development. I. A public hearing. 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: a. Are attached to the existing structure and continue the architectural design of the existing structure, including exterior color and materials; doors, windows and other detailing; and, b. Do not exceed twenty percent (20%) of the original gross floor area of the existing structure, applicable from the date of this ordinance. 2. Commission shall review a DP application to determine if the DP satisfies the development requirements specified in Section 23E.8 and Section o Ordinance No. Z-375-02 p.2 \ u 23E.9. The Commission's review shall include but not be limited to the following items: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Surrounding zoning and existing land use; d. Streets, curbs and gutters, sidewalks, and bicycle paths; e. Access to public streets; f. Driveway and curb cut locations in relation to other sites; g. General vehicular and pedestrian traffic; h. Vehicle and bicycle parking and internal site circulation; 1. Special and general easements for public and private use; J. On-site and off-site surface and subsurface storm water drainage including drainage calculations; u k. On-site and off-site utilities; 1. The means and impact of sanitary sewage disposal and water supply techniques; ffi. Dedication of streets and rights-of-way, or reservation of land to be sold to governmental authorities for future development of streets and rights-of-way; n. Proposed setbacks, site landscaping and screening; and compatibility with existing platted residential uses; o. Project signage; p. Protective restrictions and/or covenants; q. Compatibility of proposed project with existing development within the Home Place Business District or West Home Place Commercial Corridor; and, .u Ordinance No. Z-375-02 p.3 /1 r. Consistency with the policies for the Home Place District that are set forth in the Comprehensive Plan, including the Thoroughfare Plan. o s. Excess Noise. 3. 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. 4. If a Parent Tract (Tract) is located both inside and outside of the Home Place District Overlay Zone, a DP shall be submitted to the Plan Commission for the entire tract. Wherever there exists a conflict between the requirements of the underlying zoning and those of the Home Place District Overlay Zone, the requirements for the Home Place District Overlay Zone shall prevail. B. Architectural Design. Landscaping. Exterior Lighting and Signage. Except as provided in Section 23E.2(B), for all projects in the Home Place Business District and West Home Place Commercial Corridor, the Commission shall review and approve or approve with conditions the Architectural Design, Landscaping, Exterior Lighting and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Section 23E.8 and Section 23E.9, and such approvals shall be necessary prior to: o 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 commercial building(s) in the Home Place Business District or West Home Place Commercial Corridor; or 4. Any changes in site improvements. C. Zoning Waiver. The Commission may, after a public hearing, grant a Zoning 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 Home Place neighborhood. o Ordinance No. Z-375-02 p.4 ;, u u u 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 Home Place neighborhood, 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, provisions for bicycle and pedestrian traffic. 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 the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23E.3 Permitted Uses. All uses which are permitted in the underlying primary zoning district(s), except those uses expressly excluded by Section 23E.5, are permitted in the Home Place District Overlay Zone. 23E.4 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in Section 23E.5, are permitted in the Home Place District Overlay Zone. 23E.5 Excluded Uses. Amusement Park Mobile Home Sales Boat Sales Bulk storage of petroleum products for on-site manufacturing Commercial Kennel Disposal of Radioactive materials Farm Implement Sales Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning Grain Elevator Helicopter/Airplane Facilities Industrial Uses, Heavy Industrial Uses, Light Junk Y ard/Salvage Yard Ordinance No. Z-375-02 p.5 Lumber/Building Materials (Unenclosed Storage) Manufactured housing sales Mineral Extraction, Borrow Pit, Top Soil Removal and Their Storage Mobile Home Court Pawn Shop Penal or Correctional Institution Race Track Raising Non-Farm and Farm Animals & Fowl Recreational Vehicle Sales Restaurants with Drive-through Service Roadside Sales Stand Sand and gravel extraction or sales Sanitary Landfill/Refuse Dump Sexually oriented businesses Storage, Commercial Warehouse Veterinary Hospital, With Kennel Welding Shop o 23E.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 detached Accessory Building shall be architecturally compatible with the Principle Building(s) with which it is associated. 0 23E.7 General Provisions. These guidelines apply to commercial development, expansion, additions, or construction in The Home Place District Overlay Zone. A. Landscaping. 1. Parking areas shall be landscaped as follows: a. A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and twenty (20) shrubs per one hundred (100) linear feet or three (3) shade trees and ten (10) shrubs per one hundred (100) linear feet. b. Parking areas that are located in Side Yards shall be screened from the street right-of-way with a six-foot (6') wide planting strip consisting of: o Ordinance No. Z-375-02 p.6 -: 1. Three (3) shade trees and thirty (30) shrubs per one hundred (100) linear feet, or; u 11. A forty-two-inch (42") decorative wall, or; 111. A combination of the above as approved by the Commission. c. Shade trees shall be planted within parking areas greater than ten thousand (10,000) square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) parking spaces. 2. A three-foot (3') wide or greater strip of foundation plantings shall be provided along the front building fa9ade. 3. The design of fencing, sound walls, carports, trash enclosures and similar site elements shall replicate the architecture of the Principle Building(s) in construction materials and detailing. 4. Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The Landscape Plan must preserve not less than sixty percent (60%) of all trees that are: u a. Six-inch (6") DBH or larger, or b. Located within the required yard/setback areas. If tree preservation is not possible due to other site constraints, the Director or his appointed designee may require a reforestation or afforestation plan. 5. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall be issued a Temporary Certificate of Occupancy until the final site inspection can be performed. The Temporary Certificate of Occupancy shall not last longer than six (6) months. 6. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead planting with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. o Ordinance No. Z-375-02 p. 7 7. No landscaping, which has been approved by the Commission, shall later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. o 8. The Director, or his duly appointed representatives, shall have the authority to visit any lot or parcel within the Home Place Business District. B. Lighting. 1. Storefronts shall be internally illuminated to prominently and attractively display the business or its products. 2. Exterior lighting may be affixed to the building. 3. Pedestrian passages to parking lots (walkways) must be lit to a minimum of three (3) footcandles. 4. All exterior architectural, display, decorative, and sign lighting shall be generated from concealed, low level fixtures. 5. Exterior lighting shall be architecturally integrated with the building style, material, and color. Rooftop lighting shall be prohibited. o 6. The maximum height of lighting standards in parking areas shall not exceed the Building Height or twenty-five (25) feet, whichever is less. When light standards abut or fall within ninety (90) feet of single-family residential areas, their height shall not exceed fifteen (15) feet. C. Parking and Loading. 1. No parking shall be allowed in the Front Yard. 2. All parking shall be paved with asphalt or concrete, and curbed using poured-in-place concrete curbing. 3. Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. 4. Parking space dimensions shall be nine feet by twenty feet (9' x 20'), or ten feet by eighteen feet (10' x 18'), including two (2) feet for bumper overhang. o Ordinance No. Z-375-02 p. 8 .r Q Q o 5. AdjacentJadjoining lots shall be interconnected either by alleys or internal driveways. D. Pedestrian and Bicycle Circulation. 1. Neither sidewalks nor walkways shall be used by auto traffic. 2. Bicycle parking shall be provided at one (1) space per one hundred (100) feet of building frontage. Where fractional spaces result, the parking spaces required shall be the nearest whole number. 3. Walkways, shall be provided, as applicable, between buildings to provide access between rear parking areas and principle building entrance or the street. Unless otherwise noted in this Ordinance, the minimum width for walkways shall be eight (8) feet. E. Product Material & Refuse Storage. 1. Material or product storage shall occur within the Principle Building or an Accessory Building. 2. Any Accessory Building for storage shall: a. Be architecturally compatible with the Principle Building and integrated into the overall site layout. b. Be approved by the Commission. 3. Any Accessory Building for storage or disposal of refuse shall: a. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. b. Be architecturally compatible with the Principle Building and integrated into the overall site layout. c. Be approved by the Commission. F. The applicant may request a Zoning Waiver to the dimensional and quantitative standards of this Section 23E. 7, by not greater than thirty-five percent (35%), consistent with requirements set forth in Section 23E.2(C). 23E.8 Home Place Business District. Ordinance No. Z-375-02 p.9 This zone is intended to foster urban neighborhood village-like commercial activity, in keeping with the intention of the Comprehensive Plan. It is to contain office and retail 0 uses that are of an intensity and scale compatible with the surrounding residential areas, both in scale and architecture. These commercial uses should provide services and support the existing residential areas and nearby U.S. 31 Commercial Corridor. The purpose of this section is to provide site design requirements that orient buildings to the street and are pedestrian in scale. The object is to align buildings in order to create a sense of an outdoor room, encompassing sidewalks and the street. A. Building Height. 1. Minimum: Twenty (20) feet. 2. Maximum: Thirty-five (35) feet. B. Front Yard Setback. 1. Minimum: Five (5) feet from Front Lot Line. 2. Maximum: Fifteen (15) feet from Front Lot Line. 3. Uses which require outdoor seating shall be set back no less than ten (10) feet. o C. Minimum Side Yard Setback. 1. There are no Minimum Side Yard Setbacks; however, walkways to rear parking must be a minimum of six (6) feet wide. 2. See also Section 23E. 7(A): Landscaping. D. Minimum Rear Yard Setback. 1. Minimum: Ten (10) feet 2. See also Section 23E. 7(A): Landscaping. E. Building Orientation. 1. All buildings must face the public street. 2. The primary entrance shall be from a public street. 3. Secondary entrances must face the side or rear of the building. o Ordinance No. Z-375-02 p. 10 -'. F. Maximum Gross Floor Area. u Fifteen thousand (15,000) square feet G. Architectural Design. 1. Buildings shall be a maximum of two (2) stories. 2. The building shall be primarily composed of brick and/or stucco with other materials used for accent. 3. The first and second floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features on the first floor. 4. Front and side fayades of buildings on Comer Lots shall be of the same materials and similarly detailed. 5. In general, buildings will have flat fronts with large window or door opemngs. 6. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the architectural style of the structure. u 7. The second story of buildings may be for commercial or residential uses. 8. Rooftop equipment must be screened from view. H. Parking. Parking shall be provided at the minimum ratio of one (1) space per one thousand (1000) square feet of Gross Floor Area. 1. Buffer Requirements. Any properties adjacent to or abutting an existing residence or residential area must create at least a five-foot (5') wide buffer consisting of a minimum of three (3) shade trees, two (2) ornamental trees, and nine (9) shrubs per one hundred (100) linear foot increment. J. The applicant may request a Zoning Waiver to the dimensional and quantitative standards of this Section 23E.8, by not greater than thirty-five percent (35%), consistent with requirements set forth in Section 23E.2(C). u Ordinance No. Z-375-02 p.11 23E.9 West Home Place Commercial Corridor. o The purpose of this section is to provide site design, architectural, and landscaping requirements that will create a transition between the U.S. 31 Commercial Corridor buildings and nearby residential areas. The buildings in this corridor will serve as a buffer between the intensive commercial uses along U.S. 31 and the existing residential areas. Higher intensity commercial development will be considered desiI;able in the northern portion of this area while lower intensity, residential scale commercial development will be desirable in the southern half. These two areas are shown in the Home Place District area map, Exhibit A. A. Building Height. 1. Buildings located in the Low Intensity area shall be a maximum of two (2) stories tall or thirty (30) feet, whichever is less. 2. Buildings located in the High Intensity area shall be a maximum of three (3) stories tall or forty-five (45) feet, whichever is less. B. Front Yard Setback. o 1. Minimum: Fifteen (15) feet C. Side Yard Setback. 1. Next to existing residence(s): Forty (40) feet 2. Next to existing business: Twenty (20) feet D. Rear Yard Setback. 1. Next to existing residence(s): Forty (40) feet 2. Next to existing business: Fifteen (15) feet E. Building Orientation. 1. All buildings must face Pennsylvania Street. 2. The primary entrance shall be from at least a Secondary Arterial. 3. Secondary entrances shall not be through residential areas. o Ordinance No. Z-375-02 p. 12 u u o F. Architectural Design. 1. Low Intensity Area: a. Buildings must be residential in character. b. Buildings must be designed to contribute to the neighborhood scale environment and to be compatible with residential uses in nearby single-family areas. c. Buildings must be faced in brick and trimmed in metal, stone, pre- cast concrete, wood, or stucco. d. Every face of the building must have windows. e. Concrete block is not allowed on the exterior. f. Entrances must be clearly articulated. g. The architectural style, including materials and detailing, must be consistent on all sides of the building. h. Rooftop equipment must be screened from view. 2. High Intensity Area: a. Large expanses of glass are allowed, but the building shall not be constructed entirely of a metal and glass curtain wall. b. A minimum of three (3) materials shall be used for building exteriors, from the following list: stone, brick, architectural pre- cast (panels or detailing), architectural metal panels, glass, and ornamental metal. c. Concrete block is not allowed as an exterior fmish material. d. Entrances must be clearly articulated. e. The architectural style, including materials and detailing, must be consistent on all sides of the building. f. 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. g. Rooftop equipment must be screened from view. Ordinance No. Z-375-02 p. 13 G. Buffer Standards. o 1. Low Intensity Area: Any properties adjacent to or abutting an existing residence or residential area must create at least a five-foot (5') wide buffer consisting of a minimum of three (3) shade trees, two (2) ornamental trees, and nine (9) shrubs per one hundred (100) linear foot increment. 2. High Intensity Area: Any properties adjacent to or abutting an existing residence or residential area must create at least a ten-foot (10') wide buffer consisting of a minimum of five (5) shade trees, four (4) ornamental trees, and fifteen (15) shrubs per one hundred (100) linear foot increment. H. The applicant may request a Zoning Waiver to the dimensional and quantitative standards of this Section 23E.9, by not greater than thirty:-five percent (35%), consistent with requirements set forth in Section 23E. 2(C). 23E.I0 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 must be of compatible architectural 0 design with the Principle Building. 23E.ll Application Procedure. A. 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: 1. Two (2) copies of the written application form; 2. Two (2) copies of the Development Plan (DP) and/or the required information on Architectural Design, Exterior Lighting, Landscaping, Signage, Parking and Access (ADLS); 3. as well as all necessary supporting documents and materials. B. Initial Review: Submission to the Commission. o Ordinance No. Z-375-02 p. 14 u u o Following receipt of the written application, DP and/or the required information on Architectural Design, Exterior Lighting, Landscaping, Signage, Parking 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. 1. 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 purposes of proceeding to succeeding steps toward approval as hereinafter set forth. 2. If the materials submitted by the applicant are determined to be complete and in compliance, the materials shall be forwarded to the Commission. a. Within twenty (20) days of 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. b. 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's Rules of Procedure, Article VII, Section 4. C. Approval or Denial of the Application by the Commission. 1. 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 must be resubmitted to the Commission for a time extension. 2. If the DP and/or ADLS plan is materially changed in any way, resubmission to the Commission per Section 23E.2 is required. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Ordinance No. Z-375-02 p. 15 Section III: This Ordinance shall be in full force and effect from and after its passage and (. ."\. signing by the Mayor. \J Ordinance No. Z-375-02 PASSED by the Common Council of the City of Cannel, Indiana this day of , 2002, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Wayne Wilson, President Pro Tempore John R. Koven Robert Battreall N. L. Rundle Ronald E. Carter Luci Snyder o o Ordinance No. Z-375-02 p.16 '5 u u o ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-375-02 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of , 2002, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-375-02 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of ,2002, at .M. ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney Carmel City Hall One Civic Square Carmel, IN 46032 James Brainard, Mayor Ordinance No. Z-375-02 p. 17 __ _I ~ U \'- I_ aiel I, ~ ~-l~SIO~ - - "",.~",,_.-,_.. \ . H()~L ~~~2-__J~_~~_()\__~r&___ - kEf 4-..:~--- ~~~~.- ,.".,..- - ~ -- ~\!ffottt'" . . - ~ - _~~.~~<~_E.~\Af~ - o~~_~.s..._:j:I_elz:..ltM-A- - ~. ~,,~"'( ~~~ - ~- - ~~:DLt1_b~ ~~ - c..,.~ ~'~=l5IiNl.~.s~~_G~ ~"'_~U~SS - L~_~_tDit:>_Sl~R-~ J:f?tc.. ~- -. . . . ~\..:...~.~~ ~J::)_&~~QQ "" ~LaJl.RYbE__ , \ '. .. 'I -~ .- t. ')rl1 O~ I ...... , ~.-- . ~ 1/ ~._~~ \-\'{ \ ~\(.. .- ~~~1-_~~~_~ I ---..-,,-~._- - - ~..~~-:l~_~~~ ~____.~_ ~""" I ~. - s..OJll'E_uL:~~t):a,,_E:. .- II .. i ~ ~ \..-~\ . j~~nef~l~s.v-e:s: . ~-~ .- j - \...\~T3 19>~ ~~~~",",E&c.._l P1_...._t:;:::o_UJ....b)y.LOJ).~_ I - iL'E-_.~-ee~ ~ II - ~~~.,,~~..Q~~G~.i:s.::n t)~ S . bF\>J~~~ J1I.L~ . , - '-0 ~~~fct..~SrJlt)\.$ , ~~ a"'DI . . """- - . . ~ - - .- ~~~_'_O" -- -- ----..-. _. -=r'--_~_=___.c-.....~,_,__ ""~ -,~-=-._.....,,_._--_. .~ I _~....__.<.,...>..,."',..,'''~....-.!~=~_____~..........o='_....'''_c'...-~_~__...,''''_-=....~__,,~~~..",...~-~, .- ...._~~~--~ i 1 '" '""-1 w o FREQUENTLY ASKED QUESTIONS REGARDING THE PROPOSED HOME PLACE DISTRICT OVERLAY ZONE (135...01 Z) AND COMPREHENSIVE PLAN POLICIES (136...01 CPA)*** Why were these proposals initiated? The proposals were initiated to provide guidance and design consistency to commercial developments located within the Home Place area. The goal was to create a plan that would concentrate commercial development in areas where it currently exists and create architectural, landscaping, and lighting standards for commercial development. It was also imperative to protect and preserve the existing character oEHome Place through these design standards. Is this plan intended to annex the Home Place area into the City of Carmel? This plan was not created as an attempt to annex the Home Place area into Carmel. It would not result in the annexation of the area into the city. What does the term Overlay Zone mean? An overlay zone is a zoning tool that would overlay a set of guidelines on top of the existing underlying zoning. It does not change the underlying zoning of a property. For example, a commercial property will stay commercial and a residential property will stay residential. What effect would this Overlay Zone have on residential properties? The Overlay Zone would have little effect on residential properties within the entire Home Place area. It does not change the use of the property from residential to commercial. The Overlay Zone is targeted at establishing architectural, landscaping, and lighting standards for commercial construction, additions and renovations. Is the City going to buy my property? No, this plan was not initiated so the City could buy property in the Home Place area. This plan, if implemented, would be done so by private developers. My home is in the area described as the Home Place Business District (HPBD) or West Home place Commercial Corridor (WHPCC), what does that mean? o o This does not mean that your property is now commercial. These areas are perceived to have the greatest potential for commercial development in the future due to the current presence of commercial uses. Designation as HPBD or WHPCC means that there are design standards in place to assure that any commercial development is done so in a way that contributes and is sensitive to the nearby residential and commercial areas. If I have a commercial property, will I be forced to rebuild or renovate in order to comply with these regulations? No, any building/use that exists can remain that way in perpetuity in accordance with our adopted Nonconforming Use regulations (Carmel/Clay Zoning Ordinance, Chapter 28). The new regulations would go into effect when/if the property owner erects a new building or alters their existing building. What process is involved in the adoption of the Overlay Zone &: Comprehensive Plan Policies? The public hearing on December 18,2001 at 7 PM in the Council Chambers (2nd Floor) of Carmel City Hall is the first step in the adoption process. At this time the Plan Commission will hear public comments regarding the proposal. The petition will likely be forwarded to a committee of the Plan Commission. The committee will then make a recommendation to the full Plan Commission. The Plan Commission will then vote to send it forward to the City Council with either a favorable or negative recommendation. The City Council will hold a public hearing on the petition. They will likely forward it to the Annexation &: Land Use Committee of the City Council. This committee will make a recommendation to the entire City Council. The City Council will have the final vote to approve or deny the petition. *** This document is intended to provide simplified answers to commonly asked questions regarding the Overlay Zone. Please refer to the official document for more detail and clarification. '.- (J) 11.- \ QL!/'~ "i- .<,~/~ ~ / ~ ~t.Ct.\'Jt.t) ~\ WI \W.C \~ ?~~\ ~) ~; \)QC~ j~1 '\", ~/. ,,1 . ,,"'-', "\Y 1('" . -<; '~ \');7 [. l- BROWNING INVESTMENTS. INC. /.\ ~. December 18~ 2001 Suite 200 Oaplal CcIIlCf 351 HonIa JIliDoia 51-. ,_..t:.~ IDdiaaa 46204 GIn 2a7~OO Members of the City of Cannel PJAnning Commission Ms. Kelli Hahn One Civil Square Carmel. IN 46032 ra-.-" ReII~~1 LcuIAI8 PIoperty ~- Re: HOllll! PltICe District Overlll)1 Zone Dear Members of the Plan Commission: I am writing on behalf of Standard Management Corporation C'SMC") as it relates to their Corporate Campus which resides within the proposed district. Upon our review of the proposed ordinance, we are concerned about the affect of certain guidelines on SMC's future development plans which include a second building. Specifically, the building height restriction of 45 feet is far more constraining than the height restriction in the existing US Highway 31 Overlay Zone Ordinance. The current SMC building is 63.5 feet. This new height restriction would inhibit our ability to build their proposed companion building using similar architectural features as contemplated in our originally submitted development plan. In this particular case. it seems that this restriction will actually dissuade high density buildings or buildings of prominence within the proposed district. . Secondly. the parking restriction which prohibits parking inside the front setback will also have a negative effect on our cmrent development plan. The US Highway 31 Overlay Zone at least allows for some flexibility within this guideline. As it has been determined with some buildings which have been constructed on US Highway 31, flexibility has been required. This is either because of inherent site ~strietioDS or because companies need visitor parking in front of their buildings. It is sometimes difficult or impractical to design a building which complies with the existing architectural standards and have the entrances to the building in the rear. In SMC's case there is an underground gas line numing through the property which dictated the placement of the buildings on the site. Ultimately. this will require some parking spaces in front of the second building. ~/G0'd 618c~~c~1~ lN3W1S3~NI 8NINMO~8 9v:91 100e-81-J3a CD Q ~;;:- E0'd It:llOl Ms. Kelli Hahn December 18, 2001 Page 2 of2 The proposed buffer areas should not be required if a tree line already exists between the site and a residential area. This site already has many mature trees along the property line and the requirement for nine (9) trees and fifteen (15) shrubs for each 100 feet is not appropriate. Requiring specific numbers of plantings and ignoring the existing enviromnent is not in either parties best interest. In this case, the requirement to install additional trees and sluubs would be costly and ineffective as a buffer area CUJTently exists. In any event, if the intent of creating this district is to enhance and promote economical development in this area, we believe several of the guidelines have the opposite result. Thank you for your attention in this matter. If you have any questions, please feel free to call me at (317) 237-2828. Sincerely, BROWNING INVESTMENTSt INC. James W. Browniq Vice President Real Estate Development ~ cc: Ron Hunter Ed Stahl JwbJlcacnlhalm1218.doc: ~0/~0'd 6l8G~EG~lE lN3W1S3nNI 9NINMO~8 9v:9l l00G-8l-~3a .> Q) ~ Pfd<<.Ufl5-~1 /'3'-~1 5 Jflz ~ t':~ t':c,t.~~ ~\ ~\.; \CQ 't~". ~\ \\X.'\, <::. ~ BROWNING INVESTMENTS, I ~_ \I\\\r; 251 North Illinois Street, Suite 200 Indianapolis, Indiana 46204 (317) 237-2800 ~t~j~:~\~t~f:r.. . Date: To: Company: Fax: December 18, 2001 Kelli Hahn Carmel Planning ComlDissiOD 317/571-2426 From: Company: Direct: Fax: James W. Browning BrowniDg Investments, IDc. 317/237-2828 317/237-2819 Please see the attached. ~/l0.d 6l8c~~c~l~ lN3W1S3~NI 8NINMO~8 9v:9l l00c-8l-J3a