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Keeling, Adrienne M
From: Donahue-Wold, Alexia K
Sent: Tuesday, August 21, 2007 3:27 PM
To: Donahue-Wold, Alexia K; Stewart, Lisa M; Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M;
Brewer, Scott 1; Hancock, Ramona B; Brennan, Kevin S; Littlejohn, David W; DeVore, Laura B;
Lillard, Sarah N; Holmes, Christine B; Molitor, John R; Boone, Rachel M.; Tingley, Connie S;
Duncan, Gary R; Conn, Angelina V
Subject: Docket No. Assignment: (OA) Carmel Dr-Range Line Road Overlay Sunset Amendment
I have issued the necessary Docket Number for (OA) Carmel Dr-Range Line Road Overlay Sunset
Amendment. It is the following:
Docket No. 07080028 OA
Total Fee:
$0.00 (exempt)
$0.00
Docket No. 07080028 OA: Carmel Dr-Range Line Road Overlay Sunset Amendment
The applicant seeks to Amend the Zoning Ordinance, Chapter 23F: Carmel Drive-Range Line Road
Overlay Zone in order to extend the sunset clause.
Filed by the Carmel Department of Community Services.
1. This Item will not be onan agenda of the Technical Advisory Committee (TAC).
2. Published Public Notice will occur Friday, August 24, in the Indianapolis Star.
3. Fifteen (15) Informational Packets will be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, September 7, 2007.
4. Proof of Notice will be received by this Department no later than Noon, Friday,
September 14, 2007.
5. The Item will appear on the September 18, 2007 agenda of the Plan Commission (under
"Public Hearings").
6. The Item will also appear on the October 2, 2007 agenda of the Plan Commission Special
Studies Committee.
Thanks,
Alexia Donahue Wold
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
J("~Qld@~jlX:r:D~ljJl.go\,
8/28/2007
EXHIBIT B
LOCATION MAP
1 st STREET S
Ordinance No. Z-463-04
5
'.
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE
23F.OO Carmel Drive - Range Line Road Overlay Zone.
23F.Ol District Boundaries.
23F.02 Plan Commission Approval.
23F.03 Permitted Uses.
23F.04 Special Uses: Prohibited Uses.
23F,05 Building Setbacks.
23F.06 Building Orientation.
23F.07 Building Height.
23F.08 Building Footprint.
23F.09 Construction Materials.
23F.10 Architectural Design.
23F.ll Landscaping.
23F.12 Lighting.
23F.13 Signage.
23F.14 Pedestrian Circulation.
23F.15 Parking.
23F.l6 Product. Material & Refuse Storage.
23F.17 Other Requirements.
23F.18 Sunset Provision.
23F.OO Carmel Drive - Range Line Road Overlay Zone.
23F.OO.Ol Pi.upose. 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 allowing for the
establishment of an uptown business district that. will support a range of activities and
opportunities to all segments of the community; with mixed-usel! in multi-story buildings; is
pedestrian oriented and supportive of multiple modes of transportation; with buildings and a
streetscape which are attractive and safely designed in order fu enhance the livability of the
city.
It is the City's intent to achieve the purpose of this zone by:
· Providing a consistent urban design treatment for private and public properties in central
Carmel;
· Providing additional opportunities for investment and reinvestment in real estate by
mandating higher intensity of development;
<) Minimizing suburban sprawl, through re-use and redevelopment of the community's land
resources;
o Minimize community infrastructure costs thru the more efficient use of land;
oil Providing controls for architecture and landscape design to establish continuity of design
between projects and to improve the physical relationship between new buildings and
overall community.
Chapter 23F: Carmel Drive - Range Line Road Overlay Zone
23F-l
as adopted per Z-444-04; as amended per Z-486-06; Z-497-06
Autumn 2006 vI
"
CITY OF CARMEL ZONING ORDINANCE
Further, it is the intent of this overlay zone to provide a temporary regulation, that will
support the ongoing redevelopment.ofCarmel City Center, and Old Town, and the Avenue of
Art and Design; acting as a transition regulation until a specific plan for Canners central
business district (CaD) is adopt~d, and which plan will serve as the basis. for CaD Zone
regulations.
This district is superimposed over the other primary zoning districts and. its regulations shall
supersede those ofthe primary zoning districts over which iHs'superimppsed. In establishing
this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq.
23F.OO.99 Application Procedure.
A. Development Plan. See Section 24. 99(A): Development Plan.
a. Architectural Design. Exterior Lighting. Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
23F.Ol District Boundaries. The boundaries of the Cannel Drive - Range Line Road Corridor Overlay Zone (the
Zone) are hereby established as approved on the Zoning Map.
23F.01.0l Parcels in the C-l/City Center and C-2IOld Town Districts shall be exempt from the
requirements of the Zone.
23F.02 Plan Commission Approval.
23F.02.01 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 Cannel Drive - Range Line Road Corridor
Overlay Zone as required in Sections 23F.OZ.02 and 23F.02.03.
23F.02.02 Development Plan. A public hearing shall be .held by the Commission before iitdecides
whether to approve or disapprove a DP. A DP shall be required for additions to existing
structures which exceed the following:
A. Fifty percent (50%) of the original gross'floor area of the existing structure, applicable
from the date of this ordinance.
23F.02.03 Architectural Design. Exterior. Lighting. Landscaping and Signage. The Commission shall
review and approve or approve with conditions the ArchitecturalPesign, Exterior Lighting,
Landscaping and Signage (APLS), access to property, site layout, parking arid site
circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16,
Section 24.03 and such approvals shall be necessary prior to:
A. The establishment of any use of larid;
B. The issuance of any Improvement Location Permit, except maintenance and/or repairs
consistent with previously approved ADLS. In cases where properties were developed
prior to. ADLS requirement, maintenance and/or repairs shall be consistent with the
previously approved Improvement Location Permit;
C. Any change in site improvements which are not consistent with previously approved
ADLS. In cases where"properties 'were developed prior to ADLS requirement, changes
in site improvements shall be consistent with the previously approved Improvement
Location Permit.
23F.02.04 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the
Chapter 23F: Carmel Drive - Range Line Road Overlay Zone
23F-2
as adopted per Z-444-04; as amended per Z-486-06; Z-497-06
Autumn 2006 vi
;>
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 detiact 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 tl).at 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
underIC 36-7-4-918.5 and this Zoning Ordinance.
23F.03 Permitted Uses. See App~ndix A - Schedule of Uses.
23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses
expressly prohibited by Section 23F.04, are permitted in the Zone.
23F.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 in the
underlying zoning district.
23F.04 Special Uses; Prohibited Uses. See Appendix A - Schedule of Uses.
23F.04.01 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 this Section or in
Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the
Board. In addition, any Use existing at the time of the passage of this Chapter which does not
conform to Section 23F.03: Permitted Uses but which. otherwise does conform to the
applicable Use provisions of the underlying zoning district(s), shall be deemed to be and shall
be a Special Use under this Chapter. Such Uses shall.notbe considered legal nonconforming
uses nor require Special Use approval for continuance butshaUrequire Special Use approval
for any alteration, enlargement or extension.
23F.04.02 Prohibited Uses.
A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales.
B. Sexually Oriented Businesses
C. All Industrial Uses in Appendix A
23F.04.03 Restoration after Destruction of Building.
Nothing in this Chapter shall prevent the restoration of a building or structure destroyed one
hundred percent (100%) or less of its square footage at the time of such destruction by
explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy,
subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except
an illegal nonconforming use, of such building, structure orp.art thereof, as such use existed
at the time of such impairment of such building, structure or part thereof. All such restorationo
Chapter 23F: Carmei Drive - Range Line Road Overlay Zone
23F-3
as adopted per i-444-04; as amended per 2-486-06; Z-497-06
Autumn 2006 vi
CITY OF CARMEL ZONING ORDINANCE
and c(}nstruction shall besubject.to the obtaining of an Improvement Location Permit, with
the fees waived for the restoration ora building or structure destroyed one hundred percent
(100%) or less and restored according to its state of existence prior to destruction. All
rflstorations resulting in a divergence from original plans shall. be subject to obtaining an
Improvement Location Permit and payment of fees and comply with Sections 23F.09 and
23F.1O.
23F.05 Building Setbacks.
23F.05.0l Build-to Line.
A. Minimum: Zero (0) feet, subject to recorded utility easement(s).
B. Maximum: Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C
below.
C. Up to seventy-percent (70%) of the front fa~ade may be recessed for entrances and
outdoor seating; however, no entrance shall be recessed more than ten (I 0) .feet, and. no
outdoor seating area shall be recessed more than twenty (io) feet, subject to Commission
approval.
23F.05.02 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.
23F.05.03 Conflicting Requirements. Wherever there exists a conflict between the building setback
requirements of the State Highway 43lIKeystone Avenue Corridor Overlay Zone and the
Carmel Drive - Range Line Road Overlay Zone, the State Highway 43l/Keystone Avenue
Corridor Overlay Zone shall govern.
23F.06 Building Orientation.
23F.06.0l Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building
that fronts on those streets.
23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must
have a building that occupies a thinimuinof70% of that frontage.
23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the
maximum amount of frontage, except for driveways,. sidewalks and landscape areas, as
required by the Ordinance.
23F.06.04 Additional buildings may be built in the rear of the property.
23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street.
23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and
visible from the street.
23F .07 Building Height.
23F.07.01 Principal Buildings must have at least two floors of occupiable. space. The s~cond and higher
floors must be at least fifty percent (50%) the size of the building footprint amJ must be
oriented to the front of the building such that its front line is. equal to that of the first floor.
23F.07.02 Minimum height: twenty-six (26) feet
23F.07.03 Maximum height:
Chapter 23F: Carmel Drive - R.ange Line Road Overlay Zone
23F-4
as adopted per Z-444-04;as amended per Z-486-06; Z-497-06
Autumn 2006 vI
'""
,
CITY OF CARMEL ZONING ORDINANCE
A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family
residential zone.
B. Fifty-five (55) feet, or five (5) stories, whichever is,greater.
23F.08 Building Footprint.
23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR).
23F.08.02 Maximum: 40,000 square feet.
23F.09 Construction Materials.
23F.09.01 Principal Buildings must be faced on front and sides with brick, stone, stucco or similarly
detailed precast concrete and trinuned in metal, stone, precast concrete, wood, stucco, or
brick.
23F.09.02 Rear building fayade materials may vary, however, its material colors and composition must
be coordinated with the front and side fayades.
23F.1O Architectural Design. Buildings in the Zone must include the following characteristics:
23F.IO.0l Ground and upper floors. with transparent glass; ground tloorelevations must incorporate the
transparent glass as a significant component.
23F.IO.02 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a
trim at the top of the ground floor are optional.
23F.IO.03 The f~ade shall be provided relief by windows and surrounds, storefronts, doors, and
features such as special brick coursing, pilasters and lintels.
23F.IO.04 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.
23F.IO.05 When applicable, retail storefronts shall be oriented along the public street front of the first
floor of the building, except for pedestrian entrances to parking areas or small entrance
lobbies for upper floors.
23F.IO.06 Every face of the building with frontage on a public street must have openings for windows.
23F.IO.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a
metal and glass curtain wall.
23F.1O.08 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 far;:ade composition; and are designed as an
integral part of the fayade. Metal or aluminum awnings are prohibited.
23F.IO.09 Pedestrian scale detailing is encouraged on the front elevation of the building at tbe ground
level. Because the buildings are viewed very close up, all buildings should exhibit articulated
detail and ornament that is scaled to the pedestrian.
23F.lO.IO Rooftop mechanical ~d 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.
Chapter 23F: Cannel Drive - Range Line Road Overlay Zone
23F-5
as adoptedper Z-444-04; as amendedper 2-486-06; Z-497-06
Autumn 2006 vI
"
CITY OF CARMEL ZONING ORDINANCE
23F.ll Landscaping.
23F.ll.Ol Shade trees shall be planted within the street right-of-way, parallel to each street, per the
standards of the City. MaxiItlum spacing between trees shall be fifty (50) feet, and a
minimum of thirty (30) feet.
23F.ll.02 A five-foot (5') wide planting strip shall be provided along the sides and rear orall parking
areas. The minimum planting.shaUinclude two (2) shade trees and thirty (30) shrubs per 100
linear feet.
23F.ll.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk
by low walls, low fences, or hedges.
23F.ll.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall
be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces.
23F.l1.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate
the architecture of the Principal building(s) in construction material and detailing.
23F.'11.06 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.
23F.ll.07 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 O\VIler 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.
23F..ll.08 It shall be the responsibility of the owners and their agents to insure proper maintenance of aU
trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with
the standards set by this Ordmance. This is to include, but is not liniIted 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. Street trees in
this zone will be maintained by the City.
23F .11.09 All landscaping is subject to approval by the Commission. No landscaping which has been
. approved by the Plan Commission may laterbe substantially altered, elimihatedor sacrificed
without first obtaining further Commission approval. However, minor material alterations in
landscaping maybe approved by the Director or his designee in order to conform. to specific
site conditions.
23F. n .10 Ground level mechanicaV telecommunication equipment shall be screened from the Street and
any adjoining residential zones or uses using walls, fencing, landscaping, or other method
approved by the Commission.
23F.12 Lighting.
23F.12.01 Street lighting shall be provided as part of all projects, on both sides of the street. when
possible, and spaced no less than one hundred (100) feet apart, and of a design per the
adopted City style.
23F.12.02 Exterior lighting of the building or site shall be. designed so that light is not directed off the
site and the light source i8'Shieldedfrom direct offsite viewing, For any use abutting single-
family residential uses, illumination levels shall hot exceed 0.5 foot candles at the property
line.
23F.12.03 Exterior lighting shan be architecturally integrated with the building style, material and color.
Rooftop lighting .shall be prohibjted.
Chapter 23F: Carmel Drive - Range Line Road Overlay Zone.
23F-6
as adopted per Z-444~04; as amended per Z-486~06; Z-497-06
Autumn 2006 vi
.'
CITY OF CARMEL ZONING ORDINANCE
23F.12.04
All exterior architectural, display, decorative and sign lighting shall be generated from
concealed, low level fixtures.
The maximum heigh~ ofIight standards in parking areas shall not exceed the building height,
or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety
(90) feet of single family residential, their height shall not exceed fifteen (15) feet.
23F.12.05
13 S. I
23F. Ilmage.
23F.13.01 Prohibited signs:
A. Ground Sigils
B. All other signs specified in Section 25.07.01-4: Prohibited Signs.
23F.13.02 Wall signs are allowed provided that they fit within the horizontal and vertical elements ofthe
building and not obscure details of the building. No sign shall be allowed to extend above the
cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign
Ordinance.
23F.13.03 In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the
Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of
applying Sign Chart A to determine the allowable sign area.
23F.13.04 Projecting Signs are allowed for new or existing buildings which comply with setback,
orientation and height requirements, as specified in Sections 23F.05, 23F.06 and 23F.07 of
this Chapter.
23F.14 Pedestrian Circulation.
23F.14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width.
23F.I4.02 Walkways shall be provided on at least one side of the building and shall provide access
between rear parking areas and Principal building entrances or the street. Unless otherwise
noted in this ordinance, the minimum width for walkways shall be six (6) feet.
23F.14.03 Neither sidewalks nor walkways shall be used by automotive traffic.
23F.14.04 Pedestrian access shall be coordinated with and provided to adjoining properties.
23F.15 Parkin!!.
23F.15.01 Parking areas sha1l be setback not less. than six (6) feet behind the Front Build-to-Line.
23F.J5.02 Parking areas shall be located at the rear or side of buildings, and screened per Section
23F.ll.03.
23F.J5.03 Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper
overhang.
23F.15.04 AdjacenUadjoiningparking lots shall be interconnected either by alley or internal driveway,
and coordinated to accommodate pedestrian access.
23F.J5.05 Paths within parking lots of more than three rows shall be designated to accommodate
pedestrians safely from parking areas to sidewalks, walkwaysandlor building(s). Such paths
may consist of striping.
I Section 23F. /3 amended per Ordinance No. 2-486-06. fi.
Chapter 23F: Carmel Drive - Range Line Road Overlay Zone
23F-7
as adopted per 2-444-04; as amended per 2-486-06; 2-497-06
Autumn 2006 vI
CITY OF CARMEL ZONING ORDlNANCE
23F.15.06 Bicycle parking shall be provided, one space per 100 feet of street frontage.
23F.l6 Product. Material & Refuse Storage.
23F,16.0l Material or product storage shall occur within the Principal building or an Accessory
building.
23F.16.02 Any Accessory Building for storage shall:
A. Be architecturally compatible with the Principal building and integrated into the overall
site layout.
B. Be approved by the Commission.
23F.16.03 Any Accessory Building for st9rage or disposal of refuse shall:
A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking
refuse.
B. Be fully enclosed except for doors or gates which are kept closed unless loading or
unloading.
C. Be architecturally compatible with the Principal building and integrated into the overall
site layout.
D. Be approved by the Commission.
23F.17 Other Requirements.
All other requirements not mentioned in this Section shall remain as stated for that primary zoning
classification district mapped.
23F.18 Sunset Provision.
This Chapter expires December 31, 2007.
Chapter 23F: Carmel Drive- Range Line Road Overlay Zone
23F-8
as adopted per Z-444-04; aJ amended per Z-486-06; Z-497-Q6
Autumn 2006 vI
;-
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-444-04 040100270A December 20, 2004 January 19, 2005
Z-486-06 051200020A February 20,2006 March 22, 2006 23F.13
Spring 2006 vI
Z-497-06 06080022 OA October 16,2006 October 16, 2006 23F.18
Autunm 2006 vi
Chapter 23F: Carmel Drive - Range Line Road Overlay Zone
23F-9
as adopted per Z-444-04; as amended per Z-486-06; Z-497-06
Autumn 2006 vi