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HomeMy WebLinkAboutPacket 09-16-08 :t " . ~ {. City of Carmel CARMEL PLAN COMMISSION aMEMORAND:UM.. Date: September'~,'2Q08 To: Plan Comm'ission Members From: Angje COlIn - Depar.tIlleBlt of Com.munity Servic,es Re: Septe'mber 16,Plan,CommisSion.ineeting ,....Docket No. ,08080016 OA Enclased is the information packet far the folIawiIlgitem, H you have any questians, please give me a call at 571-2417. Docket No. 08080016 OA: Amendment, Carmel Clay Schools; Partial Exemption The applicaritseeksappraval taadd Z6ning Ordinance Sectian 28',08: Cr.irinel Cl'aySchoolsi Partial Exemption, jn order to layout approval requirements and procedures for new facilities and buildings prqposed .by~he Clj.ll1le! Clay Schaals.Fikd by the Department .of Cammllnity Services, .00 behalf of the, Carmel Plan Commission, Back~,round: , . the Department seeks appraval to add Zoning Ordinance SecLion,28.08: Ccitrnel Clay Schools; Partial ExeinJition, in order to layout approv'aLrequirements aodprocedutes for he,!\, facilities and buildings proposed byCarmel Clay Schools. TlJis way, the Plan Cammission Director is able to review and approve any-facility or building proposed by the Scho,ol ta make sure it complies with the requirements set forth in th~ zonIng ordinance, and it does not need ta appear before the Board of Zoning Appeals for Special Use appro:val. Please see the attached ordinance amendment text proposed. Fiilename: 2008c0905: 08080003 OA,i PC,Memo.rtf- Page 1 ONE ClVle SQUARE CARMEL, INDIANA 460:32 317/571-2417 :> . .,v J Sponsor: CounCilol' Carter ORDINANCEZ-5##-08 AN ORDINANCE .QF THE CQlvtMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Section 28JJ8: CarmetClay Scl~uols'; Partial Exemption WHEREAS, pursuant to th~ AdY:lsOJ::Y Pl@ning l.,~w ()Fth~ state of Indiana (contained in IC 36- 7-4), each unit of local government that wishes to adopt land use and zoning ordinances IpuSt first appr.ove by resolution a comprehensive plan for the gebgraphicarea over whichithasjurisdictipn; and WHEREAS, the 2020 Vision COInpreh~nsive Plan (the "CompreheI1sivePlan") Docket No. ] 6- 96 CP Was given a favorable recommendation by the {;;:armeIIClay Advisory Plan GOJTImissic;m on August 20, 1996, arid duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, ahdis therefore the'offi'ciaJ "Comprehensive Plan of the, City of Carmel and ClayTownship; and WHEREAS, the Common Council tInds that it.is re~sonable and necessary to promote and accommodate tfleorderly growth and developmentoftne City or Carmel and Clay Township by adopting an ordinance which provides consistent urban and natural design treatments for private properties along the Manon Greenway; and WlIEREAS; p!lrsuant to Indiil.pa C.ode 36~7-4.-602 the c:ommori CounciLis authorized to amend the' text ofth'e zoning ordinance; and WHEREAS; pl;lrsuant to Indiana Code 36"7-4c610 and C::ity of Carmel OrdinariCe No. D~~1600- 02, the Cannel Zoning and Subdivision Control Ordinances are incorporated by reference into the' Carmel City Cod.e; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indi?na, tbat.. pursuant, to It 36~7-4-606 et seq. and after Dbcket No. 08080016 OA having received a (favorab!~ne~ative) recolpl1,1.emiation from,the C~rl11el Aqvisory Plan CommiSSIon .on Tuesday, (DATE], 200S" it here'Qy ac.lopts, thisOrqinance to;:amend th~ Garmel Zoning Ordinance (Ordinance No. Z-289, 'as amended), as :}mended,to read a<; follows: Se(;tioil' I: a. Add Section 28.08: Carmel Clay Schools; Partial Exemption to read as follows: 28.08 Carmel Clay Schools; Partial Exemption. 28.08.0 iExemution Ree:ardine: Suecial Uses. All facilities and buildimrs owned bv the Carmel Clay Schools are exemot from the SpeCial Use requirements and procedures in this Zoning Ordinance. but onlvto the extent. provided in this Section: 28.08.02 Election to SeekDP Approva.L In lieu of submitting to the Board an application for a Special Use within the iurisdi'ction of this Zoning Ordinance. the Carmel Clav Schools mav elect, instead. to submit to the Director for his or 'her approval a Development Plan (DP) appliCation that includes the following development requirements for the site: Architectural DeSIgn. Exterior LightiTlg,Landscapinz and Sil;mage (ADLS). 28.08.03 Consideration' bv Director. Whenever the Carmel Clay Schools makes the election pennittedllnder ~28.0g;02. then DF and ADLS approval by the Director shall be necessary prior to the Schools; establishment of any"useor ouildlrlg:, anhe issuance 'of an Improvement Locatio!'}' Pennit fot said use or building, However, DP and ADLS VERSION A -09:{02120Q8 OrdinaIJce.Z"5##C07. 1 " .. 'i .' ~ applications submitted by the Carmel Clay Schools shall generally be considered favorably by the DireCtor. 28.08.04 Review bv Director. The Director shall review a DF'application submitted by the Cannel Clay Schools to detennine if the DP satisfies all development requiremen'ts specified in this Section and in the applicable'zonin!! district. The Director's review shall include. out not be limited to. the followin g .items: 1. Compatibility of thed~velopment with surroundIng hind uses; specificallY: a. Consistency with the policies for the district asset forth in the Comprehensive Plan; b. Surrounding zoning and existing land uses; c. Compatibility with existing platted residl::htial uses: and d. Compatibility of proposed proiect with existing' development within the district: 2. A vailabilitv and coordination of: a. The means and impact of water supply techniques: b. The means and impact of sanitary sewers; c. On-site and off-site surface and subsurface sturin water drainage indudin!!. dni.inageca1culations: and d. Other on-site and off-site utilities. 3. Management of traffic in a manner that creates conditions fa vOTable' to health. safety. . convenience. and the hannonious development of the community such that: . ' a. The design and location of proposed street and highway access points minimize safetv hazards and congestion: ~ . ' b. The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that wllj be g"eberated by the new development; and c. The entrances. 'streets. and intemal traffic cfrculation facilities in the DP are compatible with exist!n!!. and planned stTeets and adiacent developments. 4. Building setback lines. 5. Building coverage, 6. Building separation. 7. Vehicle circulation. a. Consistency with.the policies.for the district as set forth in the Thoroughfare Plan; b. Deaicati'cjh of streets andri'~hts~of:way, and/or reservation of land to be sold to 'govemmental aiJth6riti,es fat future development of streets and rights-of- way. Indevel6prhents' thatadioio or include existing streets that do not conform t(ythe rilihifuum right-of~wav diniensions as established by the ThoroughfarePJ'all, the Carmel Clay'Scho'Ols shall dedicate additional width along either one' or both 'sides Of such streets of inadequate width VERSION A - 0910212008 OnJinance.Z~:S##,07 , 2 ~' .. .. so as to brio2. them up to standards. provided the area to be used for widening: is owned by the Schools oT.under their control; c. Location and character of streets; d. Acce"ss to public streets; e. Drivewav and .curbcut locations in relation to other sites: f. Location and character of curbs and 2:utters: 2:: General vehicular traffic:. h. Location and character of vehicle parking facilities: i. Vehicular internal site circulation: 8. Pedestrian and bicvCle circulation. a.Consistency with the policies for the district as set fonh in the Thorou2:hfare Plan: b. Location aDd character of sidewalks. pedestrian trails: and bicycle paths: c. Access to public sidewalks and multi-use paths: d. General pedestriimand bic~Ycle'traffic: e. Location and character ofbicvde parkin 2: and storage facilities: f. Pedestrian and bicycle internal site circulation. 9. Site landscaping and screening. 10. Height, scale, materials, and style of improvements. ] I.Proiect si gna~e. . 12. Recreation space, 13. Exteribrli'ghtirfg. 14. Existing -site features, including topography and wooded area,>. 15. Special .and general easements for public or private use. 16. Protective restrictions and/or covenants. 28.08.05 Plan Documentation. A DP application under this Section must include: 1. The location and character of the following: a. Existing and proposed principal structures and accessory structures. i. Exterior Elevations, Renderings: Etc. Exterior elevations. renderings depicting the exterior materials to be used. and a list of exterior materials relating to all buildings and other structures proposed fn the .area subiect to DP approvaL together with ADLS. Plans, :shaH be 'submitted to the Director in order to better define the ihtehtcif the proposed development. The architectural desi!?n 'should retlecta unified desi'~ which is in character and proper rel'aiionship with the surroillldlng area. ii. Site Plan. VERSION A - 09102/2008 Ordimince,Z-5##-07, :3 ... .:r \ .~ ',i' (a) Locatioa of special and general easements for public or private',use; (b) Building setback lilies; (c) Buildrn~ coverage:" (d) Building separation. b. Utilities. . c. Signal!e: 1'. Sign PlaiL Afl exterior' signage proposed to be located in the development. subiect to approvaL and obtaining of a Sign Pennit prior to erection under.the requirements of the Sign Ordinance, shall be shown and conforinance or nonconformance with said Ordinance,shall be so noted. d. Landscaving. .1. Landscape Plan'. A detailed plan of the eXIstIng and prop'osed landscaping 'showing location. kind and caliper measurement ~ize of trees, shrubbery and, screening materials. as appropriate andrequired by the Director. 2. The nature and lntensity of usesin the development. 3. The condition and size of pu~lic thof'oughfares and parking:, vehicle. and j)edestrian facilities. - . . a. Traffic Study. A traffic study to include a comparative analysis of present volumes on streets bordering the deveiopme'nt or with a direct bearing on the development versus potential capacity volumes of those streets. COilSidehHiolf should be. made of the effect of the proposed development and the. traffic it, would enl!ender. particularlv at peak periods. A CirciJlatlbIi Plan should be included tor all e'xisting and proposed streets, both public and prl'vate, which will show recommendations for controllinl!', signalizing.. chimnelizinl!:, parking, storing and waminl! both pedestrian and vehicular traffic. 4. The location and capacity of drainal!e .facilities and sewer systems serving the development. 3, Drainage'-Plan, Detailed drawirigs311d Construction Plans for all elements of the storm water drairiage"system. including curbs and gutters; stann sewers; open drainage waterWays. drain tiles; culverts. retention teservoirs and other netessarv appurtenances. shall be included. Among the neCeSSaFY items ofinfonnatidn, are locations. grades. 'sizes. capacity and typical 'Cross-sections of 'the Drainage' Plan elements. A report shall be:inc1uded concerning: iRel!i.llated drains tocated in the development or relatinl! to the development'. ii. The flooding potentia.l ohhe development, iii. The design of the storm water System to deal with such fIoodim! potentiaL ahd VERSION A - 09/02/2008 Ordinance,Z.S##c07. 4 ". iv. The expected impactof the development's stonn water runoff on any receiving stream or downstreamproperty. Where flood plains as indicated bvFP, FF or FW Districts herein. are involved. a statement from the Indiana Department of Natural Resources to the extent ithas iurisdiCtion shall be required with respecno location of floodwavs and flood plains, 5. Other information: a. Metes & Bounds Description. An accurate metes and boundsdescriotion of the boundary of the tract that is subjecrto DF approval. b. Covenants. Conditions &Restrittibns. A list of the covenants. conditions. and restrictions, if any,which will run with the lahdand affeCt the use of the property within the are~Lsubiect to DP. The approved covenants shall be recorded with .the RecordetofHamilton County. Indiana. c. Erosion Control & Sedimentation Plan. A statement and plan setting forth the method ofcontrolliM erosion and sedimentation before, dming and followihg development - aild construction. e.g., teml?orary seeding. sedirnent detenti'on ,basins. erosion prevention devices and other similar means: that meet the Hamilton County Soil and Water Conservation District guidelines. for urban development. d. Li!2htin2 Fran. Specifics:'are fequifedcoricerning-tBe easements, locations. size. 'height.type; inten'slfy and illumination of proposed street and outdoor lightin!2. e: Service Reports. ServiCe'reports or statements, as necessary. may include but not'lklimited.tb thef61!owing sources:. L City. County or State highway departments; ii. Iildiana'IJepaftmerit of Natural ~esources; iii. Carmel Board of Public' Works &Safetv; i v. member ontanlzatJ'ons of the Technical Advisory COnimittee. f. Other Construction Plans-. Other specific Construction Flans shall be submitted as necessary detaili n!2. information on, but not limited to. streets. lighting:. sanitary sewer system. storm water drainage system. curbs and gutters. sidewalks and the related appurtenances. The required information shall inc\ude.locations, grades~ sizes. capacities. fypicarcross~sections and so forih. These plans.shaH be drawn bya. Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with 'State Statutes. g. Constructlbn Timetable. Aconstruction timetable or schedule shallinclude the approximate timin!2 of completion . and/or occupancy of the impro~ements pf0posed in the area subiect to DF approval. h.Deeds of Dedication. C\frtific:ifion of dedication of streets, rights,of-way and other public Prop~rty to the proper authorities. except,so much thereof as are intended to remain private. I. Certificate of ADPrOvaL Certificate of- AOVTovlil bv the Director shall be on each and ev~rv sheet of the DP. VERSION A -09102/2008 Ofdirianee:Z"5##C07, 5 .. ,. ) 28.08.06 Development Plan Procedure. 1. Pre-Application Consultation with the Director. Representatives of the Carmel Ciay Schools shalL meet with the Director to review the zoning dassifitatlonof the site. review the'reglilatoryordinances and materials. review the procecltires, and examine the'proposed use and development of the site. 2. Application. a., Director. The followin!! shall be submitted to the Director: L Two (2) copies of the written applicati'on form: ii. Two (2) copies of the Existing Fea!ures & Site Analysis Plan: Iii. Two (2) copies of the DP: iv., AsweU as two (2) copies of all necessary supporting documents and materials. ,b. Technical Advisory Committee. The,followi'ng shall be submitted to the each memb7r of the Technical Advisory Committee (TAC): i. One (l)cOPy of the written application form: ii. One (l)'copy ofthe'Existing Features & Site Analvsis Plan: iii. One (1) COPY of the DP; iv. As well as one (1) COpy of all necessary supporting documents and materi al s. c. Initial Review of the Application and Supportin g Documents and Materials. 1. Director, Following the receipt of the written application. DP. and necessary supportin!! documents and/or materials, the Director shall review the materials- for the sole purpose of determining whether ,the application is complete and in technical compliance with all applicable ordinances. laws and regulations. ii. Technical Advisory 'Committee. Following the receipt of the written application~ DP. and necessary supporting documents and/or materials; the Director shall place the application on the agenda of the Technical Advisorv Committee. d. Submittal to the Dlrector. 1. If the materfals submitted arena. complete or do not comply with the necessary le!:!:al reQUifements. the Director shall inform the Carmel Clay Schools of the deficiencies in said materials. Unless arid 'until the Director formally accepts the application as complete and 'in legal compliance. it shall oot be considered as formally filed for the purpose of proceeding to succeedin!:!: steps toward a[Jproval ':l8_hereinafterset forth. ll. If the materials submitted are determined to be complete and in compliance. the DIrector shal1-formally file the application by: (a) Assigning a docket number; and VERSION A - 09/0212008 Ordinance'Z'5##--07. 6 VERsr.oN A - ((9/02/2008 r.... cr. (b) Setting a date and time for a public hearing. 3. Fees. See ~29.06. 4. Rublic Notice The' Carmel Clay Schools shall be responsible for the cost and publication of the required published legal 'notification of the public hearing, alone with the notification of aU interested parties and propertvowners as required by the Commission"s Rules of Procedure. S. Public Hearing by the Director. The conduct of the public hearing shall be In accordance with the Commission's Rules of Procedure. 6. Review~ The 'Director shall reviewaDP to deterinineif the DP: a. Is consistentwith the Comprehensive Plan: and b. Satisfies the development requirements specified in~28.08.04 above. 7'. Approval. a. In determining wheiher approval shall be granted. the Director shall consider . genenillv ifthe DP: i. Createsahd maintains a desirable. efficient and economical use of land with hig.h 'functional and aesthetic value; attractiveness and compatibility of land uses. within the District and with adiacent 11 ses : 11. Provides sufficient and well-clesigned access. parking and loading areas; iii. Provides traffic control and street plan integration with existing and , planned publIc. streets and tiiteribr access roads: IV: Provides adequately for sanitation, drainage and public utilities: and . , v. Ai16cates adequate .sites. fot all uses proposed. the desigri, character. grade, locati'on and orientation thereof being appropriate for the uses proposed, lOQically related to existing and. proposed topographical and other conditions. and consistent with the Comi)n~hensive Plan. b. In determining whether approval shall be granted. the Director may: 1. Impose- conditions On 'the approval of a DP if the conditions are reasonably necessary to satisfy the development requirements specified in this Section for approval of the DP. ii. Provide that approval of a. DP is conditioned on the furnishing to the Director of a bOnd or written assurance that: (a) Guarantees the timely completion of a proposed public 'irnprovementin the proposed development: and (b)Is satisfactory',t6 the Director. J1J. Permit or require the Carmel Clay Schools to make a written commitment to the Commission. c. Time Limit. An approved DP shall be vafid for two .(2) years from the date of approval. Upon written application to the Director before the expiration Ordimmce Z-5##;-07, 7 -. ii l. Pre-Application Consultation' with the Director. Representatives of the Cannel Clay Schools shall meet with the Director to review the zonih~ classification' of the site, review the regulatory ordinances and materials, review the procedures and ex a.tIIi ne the proposed use and development of the property. . 2. Application. a. Director. The following shall be submitted to the Director: i.. Two (2) copies ofthe written application form; ii. Two (2) copies of the Existing Features & Site Analysis Plan; iiL Two (2hopies of the Exterior Elevations and/or Renderings: iv. Two (2) copies ofttieLightingPlan: v. Two (2)'copies or the Landscape Plan; vi. Two (2) copies of the Si~agePlan: vii. As well :as two (2) copies of aHnecessary supporting documents and materials. b; Technical.Advisory Committee'. 17he' following shall be submitted to each rilember of the. Technical Advisory Committee(T AC): i, Ond}) COpy of the written application fomi: ii. One (1) COpy of the Existing Features & Site Analysis Plan: iii. One (1) copy of die Exterior Elevations and/or-Renderings: iv. Ohe(l) COPY of the Lighting Plan: 'v. One'<l).copyofthe Landscape Plan: :vi. bne (] ) copy of the Signage Plan: VERSION A - 09/0212008 Ordinance Z:S##'07. 8 'f ". vii. As well as one (J) cOPy of nl1 necessnry supporting documents and materials. c.Jnitial geviewof the Application ,and SupportinQ. Documents and Materials. . i. Director. Following the receipt of the written application. Plans. and necessarvsupporting doc;uments and/or lTlaterials.the Director shall review the materials for the sole purpose of detennining: whether the application is 'Complete _ and in technidtl compliance with al1 applicab1eordinances. laws and regulations. ii. Technical Advisorv Committee. Following the receipt of the written application, Plans, and necessarysupporfing documents and/or materials,. the Director shall plnce the application on the aQ.enda ofthe:~Technica] Advisory Committee. d. Submittal to the Director. i. If the matetials stlbrriittedare not complete Of. do not comply with the necessarv legal requirements, the Director shall inform the Carmel 'Clay Schools of the deficiencies in said materials. Unless and ,until the Director formally accepts the application as complete and in legal co"moliance. it shall not be considered as {oomilly filed for the purpose-of proceeding to succeeding steps townrdaporovalas hereinafter setforth. 11. If the: materials submitted are determined to be complete and in compliance. the Director shall formally file the application by: (a) AssiQ.Jlinga'docketnumber: and' (b) Settinit a date and time for final review. 3. Fees. See ~29.06. 4. Review. The Director shal1 review an ADLS application to determine if it: a. Is consistent with the Comprehensive Plan; and b. Satisfies the,development requirements specified in *28.08.04.above. 5. AlJproval. a. In determininfr whether approval shall be frranted. the Director shall consider . generallv if the ADLS proposal: i. Creates: and maintains a desirable, effiCient and economical use of land with high functional and .aesthetic value, attractiveness and . compntibility of land uses. within the district and with adiacent uses; 11.. Provides sufficient and well-designed access; parking and loading a:t'eas,aiid iii., Allocates adequate sites for all uses proposed. the. desi!m. character. grade.loc~tion ana orientation ihereofbeing appropriate for the uses proposed. 16gically related to existing and proposed . tODdgraphicaland other conditions, and consistent with the Comprehensive Plan. VERSION A - 09/02/2008 Oidinance Zi~II:#~07, 9 ~ .. j b. In determinine: whether approval shall be granted. the Director may: i. Impose conditionS on 'the approval. of the' ADLS: if the conditions are reasonably necessarv. tosatisfv the development requl.'remeTlts specified in this Section for approval of the ADLS. . 11. l)ennit or require the Carmel Clay Schools to make a written commitment to the Commission. c. Time Limit: Approved ADLS proposals shaH be valid for two' (2) years from the date of approval. Upon written application,to the Director before the expiration of said approvaL and upon good cause shown. the Director may extend the approval for a period not to exceed six (6) months. d. If the Architectural Design. Exterior Lighting, Landscaping and/or Signa!2:e are substantially or materially altered in any wav. resubmission to the Directoris required. 6. Amendment. a. Requirements. See ~28,08,04 above, b. Fees. See &28.08.07.3 above. c. Review. See *28.0'8.07.4 above. d. Approval. See ~28.08.07.5 above. 28.08.08 Zooio!! Waiver. In connection with any Dr or ADLS application under this Section, the Carmel Clay Schools may also apply for a Zoning Waiver of any dimensional and quantitative standards in thIS Zoning Ordinance by not greater than thirty-five percent <35 % ), . consistent with' requirements set forth below: a. The proposal must be in harmony with the purposes and the land use standards , applicable to the site. . b. The proposal must enhance the overall Dr and the adjoinimz streetscapes and neig:hborhoods. c. The proposal may not produce a site plan or street/circulation system that wbuld be impractical or detract from the'appearance of theoDr. and may not adversely affect emergency vehicle access or deprive adjoining properties of adequatelight and air. . d. The proposal must exhibit extraordinary site design characteristics. including but not limited to: Increased landscape treatment, tree preservation, public art; provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. e. In I!rantihg a waiver, the'Director may impose such conditions that wilL in his or berjudirment,secure the purposes ofthisSection. f. Nothing ill this Section affects the ril!ht of tile Carmel Clay Schools under Indiana.law to petition, the Board for a variance from development st:mdafds, as provided in Ie 36-7-4-91&.5 and this Zoning Ordinance. VERSION A - 09102f2008 Ordinance,z"5##-07. to {. 'l; Section D: An prior Ordi'nanees or parts tl)ereof jncQflsjst~n.t with any provision of this O#:Hha!1Ge{lreher~J)y repealed; SectionII1: This Orclinance shall ~e in full force and effect from ahd after its passage and signi:ng by lhe Mayor: ~ASSEf) b.y th~ Common Council ofthe'Cily of CanTlel, Indiana this _ day of 2n08, by a vote of ayes and. nays. COMMON COUN:,CIL FOR THE CITY OF CARMEL Presiding Offieer J os~ph C. Griffiths Richard L. Sharp, President Pro Tempore Kevin D. Rid,er John V. Aceetturo W. Eric Seldenslieker Ronalcl..E. C<irter Luci Snyder ATTEST: Djana L. Cordray, lAMe, Clerk-Treasurer Presented byrne.t()the~Mayor of the City ofCatrnel, Ihdiana this _ day of 2008, at .M. Dian<.1L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City ofCa.rmeJ, Inchan;;1., this _ day of 2008, at . . _,M. Jaines Brainard, Mayor VER,sION A -09/0212008 ordinance Z-5##"07, 11 .. , ....