HomeMy WebLinkAboutPacket 06-19-07
City of Carmel
CARMEL PLAN COMMISSION
, -MEMORANDUM-
Date:
To:
From:
June 8, 2007
Plan Commission Members
Adrienne Keeling Au...
Department of CommunitY Services
Re:
June 19th Plan Commission meeting - Docket No. 07050023 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a
call at 571-2417.
9H. Docket No. 07050023 OA: Monon Trail Overlay Zone
The applicant seeks to adopt Chapter 23H: Monon Trail Overlay Zone into the Carmel
Zoning Ordinance. Filed by the Carmel Department of Community Services.
Enclosed is a proposed new chapter of the Zoning Ordinance establishing development standards along
the Monon Greenway. This proposal is in response to the many recent developments, either proposed or
under construction, along the Monon. The Department has received many concerns from citizens,
Council and Plan Commission members about establishing standards along the Trail.
Included within the proposed chapter are standards for use, building height, setback, landscaping and
architectural design. In an effort to recognize and allow for varying character along the Monon, two
different areas of the Greenway are proposed with differing development standards. The Urban Section
has been identified as the approximately one-mile area between Old Town and Carmel Drive. In addition
to a widening of the Trail to accommodate more users, it is envisioned that future buildings address the
trail rather than turning their backs. The Natural Section is everything north and south of the Urban
Section, where the building setbacks and buffering requirements are larger.
Please note that this is item is text amendment only. For this to be implemented and enforced, a map
amendment (rezoning) will be required to establish the exact boundaries of the Overlay Zone.
2007-0608; 07050023 OA; PC Memo
Page 1
ONE CMC SQUARE
CARMEL, INDIANA 46032
317/571-2417
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 23H: MONON GREENWAY OVERLAY ZONE
23H.00 Monon Greenway Overlay Zone.
23H.00.0 I Purpose. Intent and Authority. The purpose of this overlay zone is to protect and enhance the
health, safety and welfare of the citizens and property owners of Carmel by protecting the
physical integrity of the Monon Greenway and its ballast foundation and drainage ways, and
by complying with the Monon Greenway easement covenants as they pertain to the natural
character and existing vegetation of the trail and its protection.
It is the City's intent to achieve the purpose of this zone by:
. Providing a consistent design treatment for private and public properties along more
urbanized sections of the Monon Greenway;
. Providing controls for architecture and landscape design to establish continuity of design
between projects and to improve the physical relationship between new buildings and the
Monon Greenway;
. Protecting the remaining Greenway character;
. Protecting the physical integrity of the Monon Greenway.
This district is superimposed over the other primary zoning districts and its regulations shall
supersede those of the primary zoning districts over which it is superimposed. In establishing
this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq.
23H.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
23H.OI District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby
established as approved on the Zoning Map.
23H.0 1.0 I Urban Section Boundary. First Street NW to the southern property line of properties fronting
the south side of Carmel Drive.
23H.01.02 Natural Section Boundary. 146lh Street to First Street NW and Carmel Drive to 96th Street.
23H.02 Plan Commission Approval.
23H.02.0l The Plan Commission must approve, approve with conditions, or disapprove the Development
Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for
any tract of land in the Monon Greenway Overlay Zone.
23H.02.02 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the
Chapter 23H: Monon Greenway Overlay Zone
23H-I
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CITY OF CARMEL ZONING ORDINANCE
dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent
(35%). Any approval to permit such a waiver shall be subject to the following criteria:
A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes
and neighborhoods.
B. 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 or the District, and
shall not adversely affect emergency vehicle access.
C. The proposal shall exhibit 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 Section 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.
23H.03 Permitted Uses. See Appendix A - Schedule of Uses.
23H.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses
expressly prohibited by Section 23H.04, are permitted in the Zone.
23H.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent
(75%) of a project's gross floor area in districts where residential is not permitted by
underlying zoning.
23H.04 Prohibited Uses. See Appendix A - Schedule of Uses.
23H.04.01 Prohibited Uses.
A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales.
B. Sexually Oriented Businesses
C. All Industrial Uses in Appendix A
23H.05 Building Setbacks.
23H.05.01 Urban Cross Section.
A. Build-to Line.
1. Minimum: Twelve feet (12'), measured from the actual right-of-way, or a thirty-
three feet (33') half right-of-way, whichever is greater.
2. Maximum: There is no maximum setback; however, the area adjacent to the
Greenway may not be used for parking. In addition, this area must
reflect an awareness of the Greenway and shall not adversely impact the
character of the Greenway.
3. Horizontal movement of the building fal;ade is encouraged within the setback area;
however, must occur in no less than thirty feet (30') increments.
B. Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no
buildings or other permanent improvement shall encroach into required
landscape areas.
Chapter 23H: Monon Greenway Overlay Zone
23H-2
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CITY OF CARMEL ZONING ORDINANCE
C. Conflicting Requirements. Wherever there exists a conflict between the building setback
requirements of the Old Town District Overlay Zone and the Monon Greenway
Overlay Zone, the Monon Greenway Overlay Zone shaH govern.
23H.05.02 Natural Cross Section.
A. Minimum Trail Setback: Thirty (30) feet, measured from a presumed thirty-three feet
(33') half right-of-way.
B. Side and Rear Setbacks. Requirements per underlying primary zoning district.
C. Conflicting Reauirements. Wherever there exists a conflict between the building setback
requirements of the Old Town District Overlay Zone and the Monon Greenway
Overlay Zone, the Monon Greenway Overlay Zone shall govern.
23H.06 Trail Specifications.
23H.06.0 I Urban Cross Section.
A. Right of Way: Thirty-three feet (33') halfright-ofway.
B. Trail Width: Minimum thirty-six feet (36') travel way including:
I. Minimum sixteen feet (16') continuous asphalt path throughway.
2. Dual ten feet (10') throughway on both sides for slower moving pedestrians.
C. Trail Connections: Shall be designed in accordance with an approved Development Plan,
Carmel Clay Parks, and the Alternative Transportation Coordinator.
Connection intervals shaH be determined by the Director and in
coordination with a plan for primary pedestrian connection.
23H.06.02 Natural Cross Section.
A. Right of Way: Thirty-three feet (33') half right-of way.
B. Trail Width: Asphalt path shall be a minimum of 12' In width with no less than 2'
crushed stone shoulders.
C. Trail Connections: AH trail connections, whether resididential or commercial, shaH be
designed by the Direct'Or of Carmel Clay Parks and/or the City of Carmel
Alternative Transportation Coordinator. Permitted trail connections shall be
constructed of durable materials and shall be designed as to not impede
drainage ways.
23H.07 Building Orientation.
23H.07.01 Urban Cross Section. Every parcel with frontage on the Monon Greenway must have at least
one building which fronts on the Greenway.
23H.08 Building Height.
23H.08.01 Urban Cross Section.
A. Minimum Height:
Two (2) stories.
B. Maximum Height: Forty-two feet (42'). However, additional building height may be
permitted with each twelve feet (12') fa<;ade step back from the Greenway.
23H.08.02 Natural Cross Section.
A. Minimum Height:
None.
Chapter 23H: Monon Greenway Overlay Zone
23H-3
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CITY OF CARMEL ZONING ORDINANCE
B. Maximum Height: As permitted in the primary underlying zoning district or applicable
Overlay Zone.
23H.09 Building Requirements.
23H.09.01 New principal buildings with a gross floor area containing more than 15,000 square feet shall
contain a shower and changing facility for employee use.
23H.09.02 New principal buildings with a gross floor area containing more than 15,000 square feet shall
provide covered, long term bicycle parking at a rate of one space per 5,000 square feet. Long
term bicycle parking may include an indoor storage area and/or exterior bicycle lockers, as
approved as part of an ADLS plan.
23H.IO Architectural Design. Buildings in the Urban Cross Section with frontage on the Greenway must include
the following characteristics:
23H.1O.0 I Ground and upper floors with transparent glass; ground floor elevations must incorporate the
transparent glass as a significant component.
23H.IO.02 The fa~ade shall be provided relief by windows and surrounds, storefronts, doors, and features
such as special brick coursing, pilasters and lintels.
23H.IO.03 The first floor and all other 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 of the first floor.
23H.IO.04 When applicable, retail storefronts shall be oriented along the Greenway on the first floor of
the building, except for pedestrian entrances to parking areas or small entrance lobbies for
upper floors.
23H.IO.05 Every face of the building with frontage along the Greenway must have openings for windows.
23H.1O.06 Large expanses of glass are allowed, but the building may not be constructed entirely of a
metal and glass curtain wall.
23H.IO.07 Fixed or retractable awnings are permitted if they complement a building's architectural style,
material, colors, and details; do not conceal architectural features (such as cornices, columns,
pilasters, or decorative details); do not impair fa~ade composition; and are designed as an
integral part of the fa~ade. Awnings may not be internally illuminated.
23H.IO.08 Pedestrian scale detailing is encouraged on the Greenway elevation of the. building at the
ground level. Because the buildings may be viewed very close up, all buildings should exhibit
articulated detail and ornament that is scaled to the pedestrian.
23H.IO.09 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides
using parapets, penthouse screens or other similar method and which are integrated into the
overall building design and approved by the Commission.
23H.ll Landscaping.
23H.II.0 I Urban Cross Section.
A. Planting Requirements: When a Development Plan or other Commission approval is
accompanied by the re-design and/or re-construction of the Greenway,
shade trees shall be planted in the Greenway Right-of-Way, per the
standards of the City and Carmel Clay Parks. Maximum spacing between
Chapter 23H: Monon Greenway Overlay Zone
23H-4
Draft 06-08-2007
CITY OF CARMEL ZONING ORDINANCE
trees shall be fifty feet (50') and a minimum of thirty feet (30').
B. Preservation Requirements: Preservation requirements shall be evaluated and
determined upon application for and finalized prior to Commission approval
and thereafter in accordance with the Monon Greenway covenants. The
Director of Carmel Clay Parks shall also approve the Preservation Plan.
However, existing vegetation within the Greenway Easement or Right-of-
Way shall be preserved until Commission approval
23H.I 1.02 Natural Cross Section.
A. Planting Requirements: Plantings shall be provided in at a rate equivalent to a Bufferyard
D, as prescribed in Chapter 26.04: Perimeter Buffering Requirements.
B. Preservation Requirements: Existing vegetation within the Greenway Easement or
Right-of-Way shall be preserved in accordance with the Monon Greenway covenants.
Any preservation plan brought forth under this Chapter shall also be approved by the
Director of Carmel Clay Parks.
23H.II.03 General Requirements.
A. 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 50% of all trees that
are 6" DBH or larger and located within the required yard/setback areas.
B. 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 thirty (30)
shrubs per 100 linear feet.
C. Parking areas shall be located at the rear or side of buildings, and screened from the
Greenway by low walls, low fences, or hedges.
D. Shade trees shall be planted within parking areas greater than 10,000 square feet. There
shall be planted one (I) shade tree and five (5) shrubs per every nine (9) spaces.
E. The design of fencing, sound walls, trash enclosures and similar site elements shall
replicate the architecture of the Principal buiIding(s) in construction material and
detailing.
F. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a
Certiticate of Occupancy by the Department. If it is not possible to install the approved
landscaping because of weather conditions, the property owner shall post a bond prior to
the issuance of the Final Certificate of Occupancy for the amount equal to the total
installed cost of the remaining, uninstalled landscape material.
G. 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 plantings 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.
H. All landscaping is subject to approval by the Commission. No landscaping which has
been approved by the Plan Commission may 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.
I. Ground level mechanical! telecommunication equipment shall be screened from the
Greenway and any adjoining residential zones or uses using walls, fencing, landscaping,
Chapter 23H: Monon Greenway Overlay Zone
23H-5
Draft 06-08-2007
CITY OF CARMEL ZONING ORDINANj::E
or other method approved by the Commission.
23H.12 Lighting.
23H.12.01 Exterior lighting of the building(s) or site shaU be designed so that light is not directed off the
site and the light source is shielded from direct offsite viewing.
23H.12.02 Exterior lighting shall be architecturaUy integrated with the building style, material and color.
Rooftop lighting shaU be prohibited.
23H.12.03 AU exterior architectural, display, decorative and sign lighting shaU be generated from
concealed, low level fixtures.
23H.12.04 The maximum height of light standards in parking areas shaU not exceed the building height,
or twenty-five (25) feet, which ever is less. When light standards abut or faU within ninety
(90) feet of single family residential, their height shall not exceed fifteen (15) feet.
23H.13 Signage. AU signs shaU be in accordance with Chapter 25.07: Sign Ordinance and other applicable
District Overlay Requirements. In addition, the foUowing standards shall apply to signs facing the Monon
Greenway:
23H.13.0 I Prohibited signs:
A. Ground Signs which orient themselves to the Monon Greenway.
B. All other signs specified in Section 25.07.01-4: Prohibited Signs.
23H.13.02 Wall Signs are allowed in the Urban Cross Section provided that they fit within the horizontal
and vertical elements of the building and do not obscure details of the building. No sign shaU
be aUowed to extend above the cornice line of a building. Wall Signs shall be no larger than
ten (10) square feet and shall be in accordance with an approved ADLS.
23H.13.03 Projecting Signs no larger than six (6) square feet are aUowed for new or existing buildings in
the Urban Cross Section which comply with setback, orientation and height requirements, as
specified in Sections 23H.05, 23H.07 and 23H.08 of this Chapter.
23H.14 Parking.
23H.14.0 I Parking shall be provided per Chapter 27: Additional Parking & Loading Regulations, unless
otherwise stated for parcels in the Old Town District Overlay Zone.
23H.14.02 In addition to long-term bicycle parking required in Section 23H.09.02, bicycle parking shall
be provided in accordance with Section 27.06: Bicycle Parking. However, the required
number of bicycle parking spaces in the Overlay shall be double.
23H.14.03 Parking areas shall be set back not less than six feet (6') behind the Greenway Build-to Line.
23H.14.04 Parking structures are permitted adjacent to the Monon Greenway; provided that the ground
level of the fa'1ade facing the Greenway is a non-parking use. Uses may be residential or non-
residential in nature, and shall comply with Sections 23H.03 and 23H.04 of this Chapter.
23H.15 Other Requirements.
23H.15.0l Boundary Markers. Upon application for Commission approval a staked survey must be
completed to determine the Greenway property line. Throughout the duration of construction,
Chapter 23H: Monon Greenway Overlay Zone
23H-6
Draft 06-08-2007
CITY OF CARMEL ZONING ORDINANCE
boundary markers shall be placed at the edge of the Manon Greenway Right-of Way.
Monuments shall be at least twenty-four inches (24") in height and placed at the property
corners abutting the Greenway. In addition, a temporary construction fence shall be placed
along the boundary throughout the duration of construction.
23H.15.02 All other requirements not mentioned in this Section shall remain as stated for that primary
zoning classification district mapped.
Chapter 23H: Manon Greenway Overlay Zone
23H-7
Draft 06-08-2007
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 23H: MONON GREENWAY OVERLAY ZONE
AMENDMENT LOG
Ordinance No.
Docket No.
Council Approval
Effective Date
Sections Affected
Chapter 23H: Monon Greenway Overlay Zone
23H-8
Draft 06-08-2007