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NDI AN
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: July 9, 2010
To: Plan Commission
From: Adrienne Keeling
Department of Community Services
Re: Docket No. 100040014 OA: Patch VIII
Enclosed is revised draft of the Patch Ordinance. Items revised as a result of the Special Studies Committee
meeting are outlined below and corresponding revisions are highlighted in the ordinance draft. If you have any
questions, please contact me at akeelinq @carmel.in.gov or 571 -2417.
FARM ANIMALS, MINIMUM ACREAGE REQUIREMENT:
PROPOSAL: Amend the definition of Farm in the zoning ordinance to require a minimum of 3 acres
(instead of 5 acres) to match the City Code.
COMMITTEE REVISIONS: In an effort to address a request to explore the raising of hens, the Committee
approved language allowing up to 3 hens per property under 3 acres, and no roosters. See language
on page 4 of the ordinance draft.
FOOD STANDS, PROCEDURES FOR TEMPORARY PLACEMENT:
ISSUE: The Department has fielded several questions this spring regarding Food Stands locating on
Private Property. Currently, there is no clear process for their review or approval.
COMMITTEE REVISIONS: The Committee suggested Food Stands should have a separate section of
requirements with standards regarding size, music, lights, time limits and hours. See new Food Stands
section on page 5 of the ordinance draft.
The Committee further requested language be added to prohibit customer seating areas and to re uire
Food Stands to be removed from the premises when not in operation. This new language is
on page 5.
PROPOSED SOLUTION: CHAPTER 3, CHAPTER 25: Modify Food Stand definition to include fruits,
vegetables and prepared food items. Include food stands as separate a type of Temporary Use. See
also Docket 10050001 OA, amendment to Appendix A.
SEASONAL SALES TIMELINES
ISSUE: The Ordinance currently places a 30 day limit on Seasonal Outdoor Sales. Some types may be
appropriate to extend for longer periods.
0 PROPOSED SOLUTION: CHAPTER 25: Establish a 30, 60, 90 or 120 day time limit for Seasonal Outdoor
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Sales which is based upon the type of item sold.
COMMITTEE DISCUSSION: There was no objection to the current practice of requiring non profit proposals
to be reviewed under the same process as others, with no filing fee.
NOTE: One -day and weekend sales /events are subject to a similar, but shorter approval period, for up
to 5 days each. For more information, see Special Outdoor Events and Outdoor Sales in Chapter 25 of
the Zoning Ordinance.
OVERLAY ZONE BOUNDARIES (WHEN PARCEL IS BOTH IN AND OUT OF AN OVERLAY)
ISSUE: Questions have recently been raised about parcels whose boundaries fall only partially in an
overlay. The ordinance requires DP and /or ADLS approval for the entire parcel; however, the
ordinance does not specifically state that the DP or ADLS must meet the requirements of the overlay.
PROPOSED SOLUTION: CHAPTERS 23B, 23C, 23E: Add /re- arrange consistent language across US 31,
Michigan Rd and Home Place Overlay zones which specifies that the DP and /or ADLS must meet the
overlay zone requirements.
REDUCE FAST FOOD PARKING RATIO
ISSUE: Until an amendment in 2006, fast food parking requirements were calculated by the number of
patron seats and employees. For long term tracking, it was amended to be based on square footage of
the building; however, this forces extra spaces for areas devoted to offices, kitchen or storage. You
can see in the table below that the fast food restaurants approved since 2006 have either obtained
variances or have involved re- construction of existing sites.
COMMITTEE DISCUSSION: The Committee did not believe that a reduction to one space per 100 square
feet was appropriate, but did approve a reduction to one space per 80 square feet, which is closer to
the average ratio of existing restaurants.
PROPOSED SOLUTION: CHAPTER 27: Reduce ratio from one space per 50 sqft. to one space per 80.
sqft. of floor area based upon some existing parking ratios.
Existing Fast Food Parking Ratios
Name Location Total Spaces Spaces SQFT Year
Spaces SQFT per 50 per 100 per
sqft. sqft. Space
Taco Bell 615 E Carmel Dr 50 4,455 0.6 1.1 89.1 2009 Remodel
(proposed) BostMkt
Dairy Queen 951 N Range Line 42 4,000 0.5 1.1 95.2 2008 Rebuild
KFC /Taco Bell Michigan Rd 36 2,912 0.6 1.2 80.9 2008 Variance
(proposed)
Burger King 9853 Michigan Rd 35 2,935 0.6 1.2 83.9 2007 Variance
KFC 1331 S Range Line 35 3,218 0.5 1.1 91.9 2005
Wendy's 10585 Michigan Rd 36 3,163 0.6 1.1 87.9 2001
Taco Bell 1391 S Range Line 23 2,121 0.5 1.1 92.2 1998
Hardee's 2350 E 116th St 48 3,315 0.7 1.4 69.1 1994
Wendy's 2370 E 116th St 51 2,940 0.9 1.7 57.6
AVG 83.1 MEDIAN 87.9
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
•IMPA?FEE CLARIFICATIONS
COMMITTEE DISCUSSION: After concerns from the Parks Board and Parks Department were raised, the
Committee asked the Department to revise the language. The revised language now has the support of
Parks.
PROPOSED SOLUTION: CHAPTER 29: Modify the language to add a second option (approval by the
Board of Public Works Safety) by which Parks and Recreation Impact Fees may Y) Y p Y be credited. See
page 6 of the draft
SIGN APPROVAL PROCESS, MAKING ADLS AMENDMENTS AN ADMINISTRATIVE APPROVAL
COMMITTEE DISCUSSION: Upon the request of the Special Studies Committee we have removed these
items from the Patch.
2010 -0709; 10040014 OA; July PC Memo.rtf
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
1 Sponsor: nsor: Councilor
P
2
3 ORDINANCE Z- -10
1 is AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance
8
9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
0 each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
1 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
2 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
3 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
4 approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the
5 official Comprehensive Plan of the City of Carmel and Clay Township; and
6 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined. Zoning Ordinance; and
7 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the text
8 of the zoning ordinance; and
9 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the text
o of the Subdivision Control Ordinance; and
1 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the
2 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
40 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 10040014 OA having received
5 favorable recommendations from the Carmel Advisory Plan Commission on Tuesday, 2010, it
6 hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended) to
7 read as follows:
8 Section I:
9
0 ZO Chapter 3: Definitions:
1 a. Amend the following definitions in Section 3.07: Definitions to read:
2 I FARM. A tract of land comprising an area of at least five -three (53) acres which is devoted to agricultural operations, such
3 as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, shrubs
4 and plants; and other recognized agricultural pursuits and including Accessory Buildings essential to the operation
5 of the farm. Accessory Buildings may include barns; equipment and animal sheds; farm residences for the owner,
6 operator or farm assistants; roadside sales Structure for the sale of products of the farm, not including industrial or
7 commercial operations or Structures or feedlots.
8
9 FOOD STAND. A portable structure used for the display and retail sale of food products with no space for customers within
.0 the structure itself. Food items may include fruits, vegetables, and other items requiring further preparation, or they
1 may include items pre prepared and ready for consumption.
2
3 SALES, OUTDOOR. The short-term outdoor display of products or merchandise in an unroofed and /or unenclosed area by a
4 business permanently established on the premise of which the sale is located. This shall include, but is not limited to
5 grand opening sales, sidewalk sales, food stands, kiosks, and specialty sales.
.6
40
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7/9/2010
1 ZO Chapter 23B: U.S. Highway 31 Corridor Overlay Zone
2 b. Add Section 23B.02(D) as follows:
3 23B.02 Commission Review:
4 D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the U.S.
5 Highway 31 Overlay Zone, a DP and ADLS in compliance with the US Highway 31 Overlay Zone shall be
6 submitted to the Commission for the entire tract. Wherever there exists a conflict between the requirements
7 of the underlying zoning and those of the U.S. 31 Overlay Zone, the requirements for the U.S. 31 Overlay
8 Zone shall prevail.
9
0 c. Delete Section 23B.07(B) as follows:
1 23B.07 Minimum Tract Size:
2 I A. Except as provided in Paragraph GB, below, the minimum area covered by a DP within the U.S. Highway
3 31 Overlay Zone must be 217,800 square feet (5 acres).
4 B. If a Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone, a DP
5 ehall be submitted to the Commission for the entire tract. Wherever there exists a conflict between the
6 'ng and those of the U.S. 31 Overlay Zone, the requirements for the U.S.
7 31 Overlay Zone shall prevail.
8 CB. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said
9 parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot "Undersized
0 Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that:
1 (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
2 the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
3 district(s);
4 (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a street
5 or public way) owned or owned by an affiliate on or before the Effective Date or at the time of
6 application which, if combined with the Undersized Lot would create a parcel which conforms, o
7 more closely conforms, to the requirements of this Paragraph; and,
8 (3) All other requirements applicable to the U.S. 31 Overlay Zone can be met.
9 1 DC. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent Tract after
0 the approval of a Development Plan (DP) for the entire tract. However, the development of the parcel must
1 still conform to the DP for the Parent Tract as approved or amended by the Commission, and all other
2 applicable requirements contained in the Zoning Ordinance.
3
4 ZO Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone
5 d. Amend Section 23C.02(A) to read:
6 23C.02 Commission Approval.
7 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the
8 Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public
9 hearing before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP
0 applications, shall examine factors concerning the site, Site Plan and the surrounding area, which include
1 but are not limited to the following items:
2 1. Topography;
3 2. Zoning on site;
4 3. Surrounding zoning and existing land use;
.5 4. Streets, curbs and gutters, bicycle paths, and sidewalks;
6 5. Access to public streets;
7
6. Driveway and curb cut locations in relation to other sites;
8 7. General vehicular and pedestrian traffic;
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1 8. Parking facilities and internal site circulation;
2 9. Special and general easements for public or private use;
3 10. On -site and off -site surface and subsurface storm and water drainage, including drainage
calculations;
5 11. On -site and off -site utilities;
6 12. The means and impact of sanitary sewage disposal and water supply techniques;
7 13. Dedication of streets and rights -of -way;
8 14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, platted
9 residential uses;
0 15. Storage area;
1 16. Protective restrictions and /or covenants;
2 17. Effects any proposed project may have on the entire Overlay Zone; and,
3 18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan.
4 If a Parent Tract is located both inside and outside of the U.S. Highway 421 Michigan Road Corridor
5 Overlay Zone, Development Plan and ADLS approvals arc required for the entire Parent Tract.
6
7 e. Add Section 23C.02(E) to read:
8 E. Partial Boundaries Conflicts. If a Parent Tract is located both inside and outside of the U.S. Highway
9 421 Michigan Road Corridor Overlay Zone, a DP and ADLS in compliance with the US Highway 421
0 Michigan Road Overlay Zone shall be submitted to the Commission for the entire Parent Tract. Wherever
1 there exists a conflict between the requirements of the underlying zoning and those of the US Highway 421
2 Michigan Road Overlay Zone, the requirements for the US Highway 421 Michigan Road Overlay Zone
3 shall prevail.
O ZO Chapter 23E: Home Place District Overlay Zone
6 f. Delete Section 23E.02(A)(4) as follows:
7 23E.02 Commission Approval.
8 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the
9 Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place
0 Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit Development.
1 e
2 Zone, a DP shall be submitted to tho Plan Commission for the entire tract. Whcrovcr there exists a
3 conflict between thc requirements of the underlying zoning and those of thc Home Place District
4 Overlay Zone, tho requirements for thc Home Place District Overlay Zone shall prevail.
5
6 g. Add Section 23E.02(D) to read:
7 23E.02 Commission Approval.
8 D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the Home
9 Place Business District or West Home Place Commercial Corridor, a DP and ADLS in compliance with the
.0 Home Place Business District or West Home Place Commercial Corridor provisions shall be submitted to
.1 the Commission for the entire tract. Wherever there exists a conflict between the requirements of the
.2 underlying zoning and those of the Home Place District Overlay Zone, the requirements for the Home
3 Place District Overlay Zone shall prevail.
4
5 ZO Chapter 25: Additional Use Regulations
Amend Section 25.01: Accessory Buildings and Uses to read:
7 25.01 Accessory Buildings and Uses.
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1 25.01.01 Residential Districts.
2 C. Accessory Uses.
3 9. Raising of Hens. Up to three (3) hens may be kept on residential properties, provided
4 they are confined by a coop or similar Accessory Building. The presence of more th
5 three (3) hens, or any rooster, shall be considered a Farm.
6
7 i. Amend Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read:
8 25.24 Sales, Seasonal Outdoor, Temporary Use.
9 25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses,
0 such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. Local non profit
1 organizations shall be exempt from all fees associated with this type of Temporary Use permit.
2 25.24.02Submittal of a site plan, indicating sales areas, signage and parking areas, shall be required before the
3 issuance of any permits related to Seasonal Outdoor Sales. Signage plans are also required. Areas
4 designated for Seasonal Outdoor Sales shall not be located within nor encroach upon:
5 A. Any minimum required setback yard;
6 13. Any drainage easement;
7 C. A fire lane;
8 D. A maneuvering aisle,
9 E. Any right -of -way, greenway or trail;
0 EF. A parking space or spaces necessary to meet the minimum parking requirements of the other
1 use(s) of the lot or parcel.
2 25.24.03 Seasonal Sales may be located within parking areas, provided it:
3 A. Does not interfere with pedestrian or vehicular access or parking.
4 B. Does not create a visibility obstruction to moving vehicles within a parking lot.
5 25.24.04Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) feet
6 in height.
7 25.24.05 Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property per year.
8 Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of thirty (30), sixty (60), ninety
9 (90), or one hundred twenty (120) consecutive days per permit, depending on use.unless otherwise
0 One -time extensions may be granted for all Seasonal Outdoor Sales,
1 unless otherwise approved by the Board of Zoning Appeals. Seasonal Outdoor Sales may not be renewed
2 beyond the time period indicated in the Time Limits for Seasonal Outdoor Sales table. Periods of time are
3 considered to include one (1) calendar year.
4 TIME LIMITS FOR SEASONAL OUTDOOR SALES
4 Items) Sold
Plants.
Fruits/ Flowers
Vegetables Holiday items
30 Days x x
0 60 Days x x*
a 90 Days x
120 Days x
nonrenewable
5 25.24.06Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07.03 -06: Signage
6 for Temporary Uses of this Ordinance.
7 25.24.07 Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the
8 1 proposed temporary use with adjoining areas, the Director shall review the Architectural
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1 Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal
2 f Outdoor Sale. Once approved by the Commission Director, the Architectural Design, Exterior Lighting,
3 Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the
4 prior approval of the Commission Director. Plan Commission approval is required prior to the issuance of
Temporary Use Permit. An applicant may continue to use an ADLS Approval to obtain subsequent
Temporary Use Permits provided that the proposed Temporary Use is consistent with such ADLS
7 Approval, including time limits.
8
9 25.27 Food Stands.
0 25.27.01 Food Stands shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, and shall
1 be allowed only as a Temporary Use, requiring a Temporary Use Permit.
2 25.27.02Submittal of a site plan, indicating sales and seating areas, shall be required before the issuance of any
3 permits related to Food Stands. Signage plans are also required. Areas designated for Food Stands shall not
4 be located within nor encroach upon:
5 A. Any drainage easement;
6 B. A fire lane;
7 C. A maneuvering aisle,
8 D. Any right -of -way, greenway or trail;
9 E. A parking space or spaces necessary to meet the minimum parking requirements of the other
0 use(s) of the lot or parcel.
1 25.27.03 Food Stands may be located within parking areas, provided it:
2 A. Does not interfere with pedestrian or vehicular access or parking.
3 B. Does not create a visibility obstruction to moving vehicles within a parking lot.
4
25.27.05 The height of the Food Stand, including all accessory equipment, shall not exceed eight (8) feet.
6 25.27.06Signage in conjunction with a Food Stand shall be attached to the Food Stand and may not exceed ten (10)
7 square feet in area.
8 25.27.07 Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights or
9 noisemakers, such as bells, horns or whistles.
0
1 25.27.09Temporary Use Permits for Food Stand may be issued for up to one (1) year.
2 25.27.10All Food Stand requirements listed herein are in addition to health and safety codes administered by the
3 State or County Health Departments.
4
5 ZO Chapter 27: Additional Parking Loading Regulations
6 j. Amend Section 27.08 Amount of Parking Spaces Required to read:
7 27.08 Amount of Parking Spaces Required.
8 Off- street parking spaces shall be provided and maintained for all uses in accordance with the following minimum
9 requirements, unless otherwise specified herein:
Use: Parking Requirements:
Restaurant, with Walk -Up /Drive -Thru Food One space per 50 80 sq. ft. of floor area
Sales
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1 ZO Chapter 29: Administration
2 k. Amend Section 29.07.05to read:
3 1 29.07 Parks and Recreation Impact Fees.
4 29.07.05Credit in Lieu of Payment; Exemptions.
5 1. Pursuant to IC 36 -7 -4 -1335, any person obligated to pay a fee pursuant to the terms of this PRIF
6 Ordinance may be granted the option of financing, constructing and dedicating Parks and
7 Recreation Infrastructure instead of making all or part of any impact fee payment which may be
8 due, so long as such financing, construction and dedication are accomplished either (A) pursuant
9 to the 2010 -2015 Zone Improvement Plan and with the consent and acceptance of the Parks Board,
0 or (B) under a request by the Carmel Board of Public Works and Safety and with the consent and
1 acceptance of the Board of Public Works and Safety.
2 2. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a
3 credit in an amount equal to the sum of (A) the actual cost of constructing or providing the
4 infrastructure or improvements, plus (B) the fair market value of the land, real property interests,
5 and site improvements provided.
6 3. The amount of the credit shall be determined by agreement (the "Credit Agreement between the
7 person constructing or providing the infrastructure or improvement and either (A) the Parks Board
8 or (B) the Board of Public Works and Safety, depending upon which board is to accept the
9 dedication of the infrastructure or improvement. A fee payer shall make a request for credit prior
0 to the issuance of the improvement location permit. In the event the credit is less than the amount
1 of the impact fee due pursuant to Section 29.07.04 above, the remaining balance shall be due in
2 accordance with the provisions stated hereafter.
3 4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all
4 infrastructure and improvements constructed or furnished in accordance with IC 36 -7 -4 -1313 and
5 IC 36 -7 -4 -1335 since January 1, 1989. In addition, a fee payer or other person responsible for
6 installing infrastructure or improvements may designate in writing a method of allocating its
7 credits to future fee payers who may be successors in interest to the credits earned by the fee payer
8 or others, as part of the Credit Agreement provided for above.
9 5. Any person otherwise obligated to pay the fee established by this PRIF Ordinance whose property.
0 was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall
1 be exempt from said fee if such person repairs or replaces the destroyed structure without creating
2 a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed
3 structure. In the event of such additional burden, the fee shall be calculated based only on the
4 increased burden created by the structure.
5
6
7 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
8 repealed.
9 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
.0 Mayor.
1
2 PASSED by the Common Council of the City of Carmel, Indiana this day of 2010,
.3 by a vote of ayes and nays.
4
.5
7
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