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Conn, Angelina V
From: Conn, Angelina V
Sent: Monday, August 18, 2008 9:04 AM
To: Stewart, Lisa M
Cc: Boone, Rachel M,; Blancha.rd, Jim E; Brewer, Scotti; Coy, Sue E; DeVore, Laura B; Hancock, Ramona B;
Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Tingley, Connie S;
Duncan, Gary R; Redden, Nick; Weddington, Trudy A.; Donahue-Wold, Alexia K;Jmolitor@prodigy.net'
Subject: Docket No. Assignment (OA) Amendment, Carmel Clay Schools; Partial Exemption (#08080016 OA)
I have issued the necessary Docket Number for (OA) Amendment, Carmel Clay Schools; Partial Exemption.
It is the following: Docket No. 08080016 OA: Amendment, Carmel Clay Schools; Partial Exemption
Application Fee: I
Total Fee:
$0 (exempt) I
$0
Docke~ No. 08080016 OA: Amendmel1t, Carmel Clay Schools; Partial Exemption
The applicant seeks approval to add Zoning Ordinance Section 28.08: Carmel Clay Schools; Partial Exemption, in
order to layout approval requirements and procedures for new facilities and buildings proposed by the Carmel Clay
Schools. Filed by the Department of Coromunity Services, on behalf of the Carmel Plan Commission.
1. This item will NOT be on the agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice will occur on or before Friday, August22, within the Indianapolis Star.
3. Fifteen (15) Informational Packets will be delivered to Plan Commission Secretary Ramona Hancock no later
than NOON, Friday, Sept. 5.
4. Proof of Notice will be received by this Department no later than Noo'n, Friday, Sept. 12, 2008.
5. This item will appear on the Sept. 16,2008 agenda of the Plan Commission (under "Public Hearings").
6. This item may also appear on the Oct. 7, 2008 agenda of the Plan Commission Special Studies Committee.
Thank you,
Angie Conn
Planning Administrator
City of Carmel. DOCS
One Civic Square.
Carmel, IN 46032
317.571.2417
AConn@carmeLin.qov
riA Please consider the environment before printing this e-mail
8/18/2008
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Sponsor: Councilor Rider
ORDINANCE Z~524-08
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance adopting Section 28.08: Carmel Clay Schools; Partial Er:emption
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-
7-4), each unit of local 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") Docket No. 16-
96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August
20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September
24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; 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 adopting
an ordinance which provides consistent urban and natural design treatments for private propel1ies along
the Monon Greenway; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend
the text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-I600-
02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel
City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 08080016 OA having received a
negative recommendation from the Carmel Advisory Plan Commission on Tuesday, October 21, 2008, it
hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as
amended), as amended, to read as follows:
Section I:
a. Add Section 28.08: Carmel Clay Schools; Partial Exemption to read as follows:
28.08 Carmel Clav Schools: Partial Exemption.
28.08.01 Exemption Re~ardin~ Special Uses. All facilities and buildings owned by the Carmel
Clay Schools are exempt from the Special Use requirements and procedures in this
Zoning Ordinance, but only to the extent provided in this Section:
28.08.02 Election to Seek DP Approval. In lieu of submitting to the Board an application for a
Special Use within the jurisdiction of this Zoning Ordinance, the Carmel Clay Schools
may elect, instead, to submit to the Director for his or her approval a Development Plan
(DP) application that inchldes the following development requirements for the site:
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
28.08.03 Consideration bv Director. Whenever the Carmel Clay Schools makes the election
permitted under~28.08.02, then DP and ADLS approval by the Director shall be
necessary prior to the Schools' establishment of any use or building, or the issuance of an
Improvement Location Permit for said use or building. However, DP and ADLS
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 DP application submitted by the
Carmel Clay Schools to determine if the DP satisfies all development requirements
specified in this Section and in the applicable zoning district The Director's review shall
include, but not be limited to, the following items:
I. Compatibility of the development with surrounding land uses, specifically:
a. Consistency with the policies for the district as set forth in the Comprehensive
Plan;
b. Surrounding zoning and existing land uses;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development within the
district.
2. Availability 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 subsuriace storm water drainage including
drainage calculations; and
d. Other on-site and off-site utilities.
3. Management of traffic in a manner that creates conditions favorable to health, safety,
convenience, and the harmonious development of the community such that:
a. The design and location of proposed street and highway access points
minimize safety hazards and congestion;
b. The capacity of adjacent streets and highways is sufficient to safely and
efficiently accept traffic that will be generated by the new development;
and
c. The entrances, streets, and internal traffic circulation facilities in the DP are
compatible with existing and planned streets and adjacent 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. Dedication of streets and rights-of-way, and/or reservation of land to be sold to
governmental authorities for future development of streets and rights-ofe
way. In developments that adjoin or include existing streets that do not
conform to the minimum right-of-way dimensions as established by the
Thoroughfare Plan, the Carmel Clay Schools shaH dedicate additional
width along either one or both sides' or such streets of inadequate width
so as to bring them up to standards, provided the area to be used for
widening is owned by the Schools or under their control;
c. Location and character of streets;
d. Access to public streets;
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e. Driveway and curb cut locations in relation to other sites;
f. Location and character of curbs and gutters;
g. General vehicular traffic;
h. Location and character of vehicle parking facilities;
i. Vehicular internal site circulation;
8. Pedestrian and bicycle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare
Plan;
b. Location and character of sidewalks, pedestrian traUs, and bicycle paths;
c. Access to public sidewalks and multi-use paths;
d. General pedestrian and bicycle traffic;
e. Location and character of bicycle parking and storage facilities;
f. Pedestrian and bicycle internal site circulation.
9. Site landscaping and screening.
10. I-leight, scale, materials, and style of improvements.
11. Project signage.
12. Recreation space.
13. Exterior lighting.
14. Existing site features, including topography and wooded areas.
15. Special and generaL easements for public or private use.
16. Protecti ve restrictions and/or covenants.
28.08.05 Plan Documentation. A DP application under this Section must include:
1. The location and character ofthe foHowing:
a. Existing and proposed principaL structures and accessory structures.
L 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
in the area subject to DP approval, together with ADLS Plans,
shall be submitted to the Director in order to better define the
intent of the proposed development. The architectural design
should reflect a unified design which is in character and proper
relationship with the surrounding area.
ii. Site Plan.
(a) Location of special and general easements for public or
private use;
(b) Building setback lines;
(c) Building coverage;
(d) Building separation.
b. Utilities.
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c. Signage.
I. Sign Plan. All exterior signage proposed to be located in the
development, subject to approval and obtaining of a Sign Permit
prior to erection under the requirements of the Sign Ordinance,
shall be shown and conformance or nonconformance with said
Ordinance shall be so noted.
d. Landscaping.
I. Landscape Plan. A detailed plan of the eXlst1l1g and proposed
landscaping showing location, kind and caliper measurement
size of trees, shrubbery and screening materials, as appropriate
and required by the Director.
2. The nature and intensity of uses in the development.
3. The condition and size of public thoroughfares and parking, vehicle, and pedestrian
facil ities.
a. Traffic Study. A traffic study to include a comparative analysis of present
volumes on streets bordering the development or with a direct bearing on
the development versus potential capacity volumes of those streets.
Consideration should be made of the effect of the proposed development
and the traffic it would engender, particularly at peak periods. A
Circulation Plan should be included for all existing and proposed streets,
both public and private, which will show recommendations for
controlling, signalizing, channelizing, parking, storing and warning both
pedestrian and vehicular traffic.
4. The location and capacity of drainage facilities and sewer systems serving the
development.
a. Drainage Plan. Detailed drawings and Construction Plans for all elements of
the storm water drainage system, including curbs and gutters, storm
sewers, open drainage waterways, drain tiles, culverts, retention
reservoirs and other necessary appurtenances, shall be included. Among
the necessary items of information are locations, grades, sizes, capacity
and typical cross-sections of the Drainage Plan elements. A report shall
be included concerning:
i. Regulated drains located in the development or relating to the
development,
ii. The flooding potential of the development,
iii. The design of the storm water system to deal with such flooding
potential, and
iv. The expected impact of the development's storm water runoff on any
recei ving stream or downstream property.
Where flood plains as indicated by FP, FF or FW Districts herein, are
involved, a statement from the Indiana Department of Natural Resources
to the extent it has jurisdiction shall be required with respect to location
of flood ways and flood plains.
5. Other information:
a. Metes & Bounds Description. An accurate metes and bounds description of the
boundary of the tract that is subject to DP approval.
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b. Covenants. Conditions & Restrictions. A list of the covenants, conditions, and
restrictions, if any, which will run with the land and affect the use of the
property within the area subject to DP. The approved covenants shall be
recorded with the Recorder of Hami Iton County, Indiana.
c. Erosion Control & Sedimentation Plan. A statement and plan setting forth the
method of controlling erosion and sedimentation before, during and
following development and construction, e.g., temporary seeding,
sediment detention basins, erosion prevention devices and other similar
means, that meet the Hamilton County Soil and Water Conservation
District guidelines for urban development.
d. Lighting Plan. Specifics are required concerning the easements, locations, size,
height, type, intensity and illumination of proposed street and outdoor
lighting.
e. Service Reports. Service reports or statements, as necessary, may include but
not be limited to the following sources:
i. City, County or State highway departments;
ii. Indiana Department of Natural Resomces;
iii. Carmel Board of Public Works & Safety;
iv. member organizations of the Technical Advisory Committee.
f. Other Construction Plans. Other specific Construction Plans shall be submitted
as necessary detailing 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
include locations, grades, sizes, capacities, typical cross-sections and so
forth. These plans shall be drawn by a Registered Land Surveyor or a
Professional Engineer licensed to do business in the State of Indiana in
accordance with State Statutes.
g. Construction Timetable. A construction timetable or schedule shall include the
approximate tinring of completion and/or occupancy of the
improvements proposed in the area subject to DP approval.
h. Deeds of Dedication. Certification of dedication of streets, rights-of-way and
other public property to the proper authorities, except so much thereof as
are intended to remain private.
l. Certificate af' Approval. Certificate of Approval by the Director shall be on
each and every skeet of the DP.
28.08.06 Development Plan Procedure.
1. Pre-Application Consultation with the Director.
Representatives of the Carmel Clay Schools shall meet with the Director to review the
zoning classification of the site, review the regulatory ordinances and materials,
review the procedures and examine the proposed use and development of the site.
2. Application.
a. Director. The following shall be submitted to the Director:
i. Two (2) copies of the written application form;
ii. Two (2) copies of the Existing Features & Site Analysis Plan;
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iii. Two (2) copies of the DP;
iv. As well as two (2) copies of all necessary supporting documents and
materials.
b. Technical Advisorv Committee. The following shall be submitted to the each
member of the Technical Advisory Committee (T AC):
i. One (1) copy of the written application form;
ii. One (1) copy of the Existing Features & Site Analysis Plan;
iii. One (1) copy of the DP;
i v. As well as one (I) copy of all necessary supporting documents and
materials.
c. Initial Review of the Application and Supporting Documents and Materials.
\. Director. Following the receipt of the written application, DP, and
necessary supporting 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 Advisorv Committee. Following the receipt of the written
application, DP, and necessary supporting documents and/or
materials, the Director shall place the application 011 the agenda
of the Technical Advisory Committee.
d. Submittal to the Director.
i. If the materials submitted are 110t complete or do not comply with the
necessary 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 compliance, it shalt not be considered as
formally filed for the purpose of proceeding to succeeding steps
toward approval as hereinafter set forth.
II. If the materials submitted are determined to be complete and in
compliance, the Director shall formally file the application by:
(a) Assigning a docket number; and
(b) Setting a date and time for a public hearing.
3. Fees. See 929.06.
4. Public Notice. The Carmel Clay Schools shall be responsible for the cost and
publication of the required published legal notification of the public hearing,
along with the notification of all interested parties and property owners as
required by the Commission's Rules of Procedure.
5. Public Hearine: bv the Director. The conduct of the public hearing shall be 111
accordance with the Commission's Rules of Procedure.
6. Review. The Director shall review a DP to determine if the DP:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development requirements specified in ~28.08.04 above.
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7. Approval.
a. In determining whether approval shall be granted, the Director shall consider
generally if the DP:
i. Creates and maintains a desirable, efficient and economical use of land
with high functional and aesthetic value, attractiveness and
compatibility of land uses, within the District and with adjacent
uses;
II. Provides sufficient and well-designed access, parking and loading
areas;
iii. Provides traffic control and street plan integration with existing and
planned pu bl ic streets and interior access roads;
iv. Provides adequately for sanitation, drainage and public utilities; and
v. Allocates adequate sites for anuses proposed, the design, character,
grade, location and orientation thereof being appropriate for the
uses proposed, logically related to existing and proposed
topographical and other conditions, and consistent with the
Comprehensive 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
improvement in the proposed development; and
(b) Is satisfactory to the Director.
ilL Permit or require the Carmel Clay Schools to make a written
commitment to the Commission.
c. Time Limit. An approved DP shall 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 DP is substantially or materially altered in any way, resubmission to the
Director is required.
e. If a DP petition is denied, the Director shall provide the Carmel Clay Schools
with a written copy of the findings of fact.
8. Amendment.
a. Requirements. See g28.08.04 above.
b. Fees. See ~28.08.05 above.
c. Public Notice. See ~28.08.06.4 above.
d. Public Hearing. See ~28.08.06.5 above.
e. Review. See 928.08.06.6 above.
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f. Approval. See ~28.08.06.7 above.
28.08.07 ADLSProcedure.
1. Pre-Application Consultation with the Director.
Representatives of the Carmel Clay Schools shall meet with the Director to review the
zoning classification of the site, review the regulatory ordinances and materials,
review the procedures and examine the proposed use and development of the
property.
2. Application.
a. Director. The following shall be submitted to the Director:
i. Two (2) copies of the written application form;
ii. Two (2) copies of the Existing Features & Site Analysis Plan;
iii. Two (2) copies of the Exterior Elevations and/or Renderings;
iv. Two (2) copies of the Lighting Plan;
v. Two (2) copies of the Landscape Plan;
vi. Two (2) copies of the Signage Plan;
vii. As well as two (2) copies of all necessary supporting documents and
materials.
b. Technical Advisory Committee. The following shall be submitted to each
member of the Technical Advisory Committee (TAC):
i. One (I) copy of the written application form;
ii. One (1) copy of the Existing Features & Site Analysis Plan;
iii. One (1) copy of the Exterior Elevations and/or Renderings;
iv. One (1) copy of the Lighting Plan;
v. One (1) copy of the Landscape Plan;
vi. One (I) copy of the Signage Plan;
vii. As well as one (1) copy of all necessary supporting documents and
materials.
c. Initial Review of the Application and Supporting Documents and Materials.
i. Director. Following the receipt of the written application, Plans, and
necessary supporting documents and/or materials, the Director
shall review the materials for the sole purpose of determining
whether the. application is cOtnplete and in technical compliance
with all applicable ordinances, laws and regulations.
ii. Technical Advisory Committee. Following the receipt of the written
application, Plans, and necessary supporting documents and/or
materials, the Director shall place the appJ ication on the agenda
of the Technical Advisory Committee.
d. Submittal to the Director.
i. If the materials submitted are not complete or do not comply with the
necessary legal requirements, the Director shall inform the
Carmel Clay Schools of the deficiencies in said materials.
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Unless and until the Director formally accepts the application as
complete and in legal compliance, it shall not be considered as
forma]] y tiled for the purpose of proceeding to succeeding steps
toward approval as hereinafter set forth.
n. If the materials submitted arc determined to be complete and In
compliance, the Director shall formally file the application by:
(a) Assigning a docket number; and
(b) Setting a date and time for tinal review.
3. Fees. See S29.06.
4. Review. The Director shall review an ADLS application to determine if it:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development requirements specified in 928.08.04 above.
5. Approval.
a. In determining whether approval shall be granted, the Director shall consider
generally if the ADLS proposal:
i. Creates and maintains a desirable, efficient and economical use of land
with high functional and aesth~tic value, attractiveness and
compatibility of land uses, within the district and with adjacent
uses;
n. Provides sufficient and well-designed access, parking and loading
areas; and
iii. Allocates adequate sites Cor all uses proposed, the design, character,
grade, location and orientation thereof being appropriate for the
uses proposed, logically related to existing and proposed
topographical and other conditions, and consistent with the
Comprehensive Plan.
b. In determiningwhether approval shall be granted, the Director may:
i. Impose conditions on the approval of the ADLS if the conditions are
reasonably necessary to satisfy the development requirements
specified in this Section for approval of the ADLS.
11. Permit or require the Carmel Clay Schools to make a wrlLLen
commitment to the Commission.
c. Time Limit. Approved ADLS proposals shall 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 Signage are
substantially or materially altered in any way, resubmission to the
Director is required.
6. Amendment.
a. Requirements. See 928.08.04 above.
b. Fees. See ~28.08.07.3 above.
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c. Review. See ~28.08.07.4 above.
d. ApprovaL See S28.08.07.5 above.
28.08.08 Zonine Waiver.
In connection with any DP 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 DP and the adjoining streetscapes and
neighborhoods.
c. The proposal may not produce a site plan or street/circulation system that
would be impractical or detract from the appearance of the DP, and may
not adversely affect emergency vehicle access or deplive adjoining
propeliies of adequate light 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
faci lities.
e. In granting a waiver, the Director may impose such conditions that will, in his
or her judgment, secure the purposes of this Section.
f. Nothing in this Section affects the right of the Carmel Clay Schools under
Indiana law to petition the Board for a variance from development
standards, as provided in IC 36-7-4-918.5 and this Zoning Ordinance.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section III: This Ordinance shall be ill full force and effect from and after its passage and
signing by the Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this _ day of
2008, by a vote of ayes and nays.
1.0
COMMON COUNCIL FOR THE CITY OF CARMEL
Presidi ng Officer
Joseph C. Griffiths
Richard L. Sharp, President Pro Tempore
Kevin D. Rider
John V. Accetturo
W. Eric Seidensticker
Ronald E. Carter
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk~Treasurer
Presented by me to the Mayor of the City of Carmel, fudiana this _ day of
2008, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
2008, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, 1AMC, Clerk-Treasurer
Prepared by:
John R. Molltor, Carmel Plan Commission Attorney
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