HomeMy WebLinkAboutPacket to City Council 06-17-02
'iI
MEMORANDUM
TO: Carmel City Council
FROM.: The Department of Community Services
SUBJECT: Item forwarded by the Plan Commission for action by the City Council
DATE: May 31, 2002
Please fmd information on the fonowing recommendation made by the Plan Commission
attached. This item will appear on your June 1 ih Agenda.
1. Z-369-02, Amendments to the Zoning Ordinance
(New provisions & corrective amendments)
PC Docket No. 160-01 OA (Text Amendment)
The information has been arranged in the following format:
1. First page(s) include brief description of Ordinance and background information.
2. Copy of Ordinance. Copied on yellow paper.
3. Copy of Plan Commission Certification. Copied on blue paper.
Council Report 2002-5-31
CARMEL CITY COUNCIL
June 17, 2002
1. Docket No. 38-02 OA; Amendments to the Carmel/Clay Zoning Ordinance
The petitioner seeks to add new provisions and make several corrective amendments
to the Zoning Ordinance.
Filed by the Department of COlllinunity Services.
This set of amendments to the Zoning Ordinance encompasses a number of unrelated topics:
First, ~a amends a scrivener's error in Chapter 20E: C-I/City Center District regarding the
maximum height requirement for structures adjacent to residential uses and zones. The
maximum height requirement is intended to be forty-five (45) feet.
Second, ~b eliminates the clause in Chapter 23B: US Highway 31/Meridian Street Overlay
Zone District that currently allows office and hotel uses regardless of underlying zoning.
Third, ~c, d & f, extend the build-to line and building height requirements of Chapter 23B: US
Highway 31/Meridian Street Overlay Zone District to properties along 1-465, Pelillsylvania
Parkway and Meridian Comers Boulevard.
Fourth, ~e makes a structural amendment to the setback language of Chapter 23B: US Highway
31/Meridian Street Overlay Zone District that does not affect content.
Finally, ~g clarifies language in Section 26.2.7 originally adopted as part of Ordinance Nos. Z-
327 and Z-329 (ROSO II). The language addresses fayade offset requirements for residential
structures on lots taking advantage of the relaxed front yard setbacks allowed under the
Residential Open Space Ordinance.
In summary, the amendments move permitted uses originally identified as permitted into the
Special Use category and add Schools to the list of Special Uses. These changes have been
reviewed by the Annexation and Land Use Committee of the City Council and meet with their
approval.
The Cannel/Clay Plan Commission forwards this ordinance to the Conul1on Council with a
unanimous (12-0) Favorable Recommendation (see attached certification).
The Department recommends tbat 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.
COLlncil Report 2002-5-31
..
Sponsor(s): Councilor Wayne Wilson
ORDINANCE NO. Z-382-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Amending the Maximum Height Requirement in the C-lICity Center District;
Repealing the US 31/1\1eridian Street Corridor Overlay Zone exemption from underlying zoning
for Office Buildings and Full Sen1ice Hotels; Extending the US 31/Meridian Street Corridor
Overlay Zone yard, build-to, and height requirements to include 1-465, Pennsylvania Parhvay,
and Meridian Corners Boulevard; and Clar~fving thefront yard requirement reductionfor Open
Space Subdivisions.
WHEREAS, a Scrivener's Error has misstated the Maximum Height limitation in the C-
l/City Center District; and
WHEREAS, the Common Council finds that it is reasonable and necessary to promote
and accommodate the orderly growth and development of the City of Cannel and Clay Township
by requiring all development within the US 31/Meridian Street Corridor Overlay Zone to adhere
more closely to the limitations of the underlying zoning district with respect to use; and
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 requiring all development within the US 31/Meridian Street Corridor Overlay Zone occurring
along 1-465, PelIDsylvania Parkway, and Meridian Corners Boulevard to adhere to the uniform
standards ofthe disttict with respect to yard, build-to, and height; and
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 clatifying the language of the Zoning Ordinance with respect to allowed reductions in the
front yard requirements for Open Space Subdivisions;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Cannel, Indiana, as follows:
Section 1:
a. Amend Section 20E.4.1(l) to read as follows:
20EA J-Ieight and Area Requiremcnts. (See Chapter 26 for additional requirements.)
20EA.l Maximum Height - Rcsidential Uses:
I. Adjacent to any rcsidential use or zonc: Forty-five (45) feet, fifty five (55)
feet if adjacent to an e;6stiRg or platted single family residence or residefltial
subdivision.
Ordinance No 2-382-02
]
".
b. Amend Section 23B.3: Permitted Uses to read as follows:
23B.3 Permitted Uses:
All uses which are permitted in the underlying primary zoning district(s), except the uses
expressly excluded by Sectiun 23B.5, are permitted in the U.S. 31 Overlay Zone. In addition,
Office Buildings and F~l11 Service Hotels are pemlitted in the U.S. 31 O'/otlay Zone betvleen the
AAfll1 right sf ,yay line of I /165 and 13 61h~treet, whether or not they are permitted in the
:mdcdying primary :wnin,; district(sj.
c. Amend Section 23B.8: Height and Yard Requirements to read as follows:
23B.8 HeiQht and Yard Requirements.
The purpose of this Section is to provide site design requirements that align buildings along the
edges of a parcel, towards the public right-of-way of the U.S. 31 Corridor, and, where applicable,
the 1-465, Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and
IIllinois Strcet Corridors. It is the intent of these regulations to orient new buildings with their
longest axis parallel to the adjoining highway or street to create a sense of enclosure along the
streets, with parking located to the rcar, and, if necessary, to the side of a building.
d. Amend Section 23B.8.1: Build-to Lines to read as follows:
23B.8.1 Build-To Lines:
A. Except as allowed in Paragraph B below, all Principal Buildings shall be
located on the U.S. 31 Corridor Build-to Line, defined in Paragraph C below.
B. For Development Plans on Through Lots with two or more Principal Buildings
(buildings), up to one-half (\I,) of the buildings may be placed on the
PClillsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard,
and Illlinois Corridor Build-to-line instead of the U.S. 31 Build-to Line.
C. Dimensional requircments for Build-to-lines shall be measurcd from the
highway or street Right-of~way line:
(1) U. S. 31 Corridor and 1-465: Ninety (90) feet
(2) Pennsylvania Street, Pennsylvania Parkway, Meridian Corners
Boulevard, and IrIlinois Corridors: Twenty (20) feet
D. Principal Buildings that are also located adjacent to any arterial or parkway (e.g.
96th Street or 1161h Street) shall be sited consistent with the Building Setback
Line of the underlying zoning.
e. Amend Section 23B.8.2: Minimum Side and Rear Yards to read as follows:
23.B.8.2 Minimum Side and Rear Yards:
A. Adjacent to any residential use or zone: Fotty-five (45) feet when located
adjacent to any rGsidential use or zone.
Ordinance No. Z-382-02
2
B. Adj acent to business use or business zone: Fifteen (15) feet'.vhen loeated
adjacent to btlsincss use or business zone.
f. Amend Section 23B.8.3: Building Height to read as follows:
238.8.3 Building Height: As specified in the underlying primary zoning district(s), except as
follows:
A. Minimum Building Heights:
(1) All uses along U.S. 31 and 1-465: Thirty-eight (38) feet.
(2) All uses along Pennsylvania Street, Pennsylvania Parkway,
Meridian Corners Boulevard, and iHlinois Corridors, or adjoining
alieriallparkway: Twenty-six (26) feet.
B. Maximum Building Heights: As specified in the underlying primary zoning
district(s), except as follows:
(1) B-5 District - Between 1-465 and 131 sl Street: Eighty (80) feet, except
that the maximum height may not exceed forty percent (40%) of the
distance from any residential use or zone.
(2) B-6 District - All uses, between 1-465 and 131 st Street: One hundred
fifty (150) teet, except that the maximum height may not exceed forty
percent (40%) of the distance from any residential use or zone.
(3) Maximum height for all buildings along Pennsylvania Street,
Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois
Street frontages: ~ Fifty-five (55) feet.
g. Amend Section 26.2.7 to read:
26.2.7 Required Front Yards in residential districts shall be devoted entirely to landscaped area except for
Frontage Places, guest parking and the necessary paving of driveways and sidewalks to reach
parking or loading areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a
Qualifying Subdivision utilizing relaxed Front Yard standards per Section 7.0.1 of the
Subdivision Control Ordinance, ptRSHant to Chapter 7 ef tll0 Subdivision Reg:.l1ations shall be
as follows:
A. Dwelling with attached, front-loading garage: Twenty (20) feet for struerores with
front loading garages, with a m.iniA1Hm five (5) foot garage C1ffset.
Garage must be set baek a minimum of twenty-five (25) feet.
B. Dwelling with attached, side-loading garage: Fifteen (15) feet for structures ',',ith side
loading garage, or h'/ing an:!B forward of garage with minimum eight (8) foot ofIGet.
Garage must be set back a minimum of twenty-five (25) feet.
C Dwelling with attached, rear-loading; or detached, alley-access garage: Ten (10) feet
for structures with rear loadiflg or alley access garages.
Ordinance No 2-382-02
3
Section II: All prior Ordinances or parts thereof inconsistent with any provision ofthis
Ordinance are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance No. Z-382-02 PASSED by the Common Council of the City of Carmel,
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
Ordinance No. Z-382-02
4
. '
ATTEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Ordinance No. Z-382-02 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-382-02 Approved by me, Mayor of the City of Carmel, Indiana, this
, 2002, at
.M.
_ day of
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, lAMe, Clerk-Treasurer
Prepared by:
John R. Molitor
Carmel/Clay Plan Commission Attorn~y
One Civic Square
Cannel, IN 46032
Ordinance No. Z-382-02
5
CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-382-02
Patch HI Amendment
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Camlel/Clay Plan Commission offers you the fonowing report on the application of the Department of
Community Services (Docket No. 38-02 OA) the Commission to amend Section 20E.4: Height and Area
Requirements; }. Maximum Height - Residential Uses; (I); Section 23B.3' Permitted Uses; Section 23B.8: Height
and Yard Requirements; Section 23B.8.1: Build-to Lines; Section 23B.8.2: Minimum Side and Rear Yards; Section
23B.83. Building Height; and Section 26 2.7.
The Cannel/Clay Plan Commission's recommendation on the petition of the Department of Community Services is
FAVORABLE.
At its regularly scheduled meeting of May 21, 2002, the Carmel/ClayPlan Commission voted ten (10) in Favor, zero
(0) Opposed, zero (0) Abstaining, to fOTward to the Common Council the proposed Ordinance No. Z-382-02 with a
Fa.vorable Recommendation.
Please bc advised that by virtue of the Plan Commission's Favorable Recommcndation, pursuant to IC 36-7-4-
607(e)(3), the COllllcil has ninety (90) days to act on this petition before it becomes effective as Certified by the
Conmussion. Ninety days from the date of this Certification is Thursday, August 29,2002.
Rat ona Hancock, S 'retary
Carmel/Clay Plan Commission
Dated: Friday, May 31, 2002
Rec.::civcd
Carme I Clerk-Treasurer
05-31-02Al1 :46 RCVD