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HomeMy WebLinkAboutPacket 11-20-072007 -1109; 07050023 OA; PC Memo City of Carmel CARMEL PLAN COMMISSION Date: November 9, 2007 To: Plan Commission Members From: Adrienne Keeling Department of Community Services MEMORANDUM- Re: November 20 Plan Commission Meeting Docket No. 07050023 OA Enclosed is additional information for the following item. If you have any questions, please give me a call at 571 -2417. Docket No: 07050023 OA: Monon Trail Overlay Zone The applicant seeks to adopt Chapter 23H: Monon Trail Overlay Zone into the Carmel Zoning Ordinance. Filed by the Carmel Department of Community Services. This item remains at the Subdivision Committee; however, a Special Meeting is scheduled for Thursday, November 15 to discuss the Monon Overlay, with intent that it will be forwarded back to the full Commission on November 20 To assist with review, enclosed is the Overlay Zone draft as of this mailing. Two versions are included to accommodate different reviewing preferences one includes edit marks (since public hearing) and the other is clean. *Please note that additional changes may be made as a result of the November 15 Special Committee meeting. However, we expect that changes will generally be limited to a few sections. Sections 23H.05: Building Setback and 2311.08: Building Height are the main sections to be discussed. Also note that this is item is a zoning ordinance text amendment only. For this Overlay to be fully implemented and enforced, a map amendment (rezoning) will be required to establish the exact boundaries of the Overlay Zone. The Department expects to bring the rezoning phase forward in coming months. ONE CIVIC SQUARE Page 1 CARMEL, INDIANA 46032 317/571 -2417 EXISTING ZONING: Urban Section: R -2, B -2, B -5, C -1, C -2, I -1 Old Town OL, Range Line OL Natural Section: P -1, S -2, R -1, R -2, R -3, R -4, M -3, PUD Old Town OL, Home Place OL, US 31 OL 23H.00 Monon Greenway Overlay Zone. CARMEL CITY CODE CHAPTER 10: ZONING SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23H: MONON GREENWAY OVERLAY ZONE Chapter 23H: Monon Greenway Overlay Zone 23H -1 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.00.01 Purpose, 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 and Clay Township by protecting the physical integrity of the Monon Greenway, including -and-its ballast foundation and drainage ways, and by complying with the Monon Greenway easement covenants as they pertain to the natural character and existing vegetation of the trail and its protection. For purposes of this Zon the Monon Greenway shall be defined as any prone cone ed to the City of Carmel, by title or easement for nurnoses of establishment of the Monon Trail. It is the City's intent to achieve the purpose of this zone by: Providing a consistent design treatment for private and public properties along mace Monon Greenway; Providing controls for architecture and landscape design te-th Lestablish continuity of design between projects and to improve the physical relationship and human scale between new buildings and the Monon Greenway; Protecting the femaifting -Monon Greenway character; Protecting the physical integrity of the Monon Greenway. This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. In establishing this zone, the Plan Commission and Council relies on I.C. 36 -7 -4 -1400 et seq. 23H.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23H.01.02 Natural Section Boundary. Properties which abut the Monon Greenway from 146 Street to First Street NW and Carmel Drive to 96 Street. Chapter 23H: Monon Greenway Overlay Zone 2311-2 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.01 District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. Diagram 1 illustrates, generally, the boundaries of the Urban and Natural Sections. 23H.01.01 Urban Section Boundary. Properties which abut the Monon Greenway from First Street NW to the southern property line of properties fronting the south side of Carmel Drive. 2311.02 Plan Commission Approval. 23H.02.01 The Plan Commission or its Hearing Officer in 1_Qr C -2 Districts, 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 Urban Section of the Monon Greenway Overlay Zone. DP and ADLS review is required in the Natural Section, pursuant to the requirements of the underlying primary zoning district. 2311.02.02 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the 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 detract 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 that 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 of Zoning Appeals for a variance from development standards provided under IC 36 -7 -4 -918.5 and this Zoning Ordinance. 23H.03 Permitted Uses. See Appendix A Schedule of Uses. 2311.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23H.04, are permitted in the Zone. 23H.03.02 Residential uses are permitted in the Zone, regardless of the underlying primary zoning district.; however, it shall not comprise more than seventy five percent (75 of a project's gross floor area in districts where residential 23H.04 Prohibited Uses. See Appendix A Schedule of Uses. 23H.04.01 Prohibited Uses. Mobile Home Court, Penal or Correctional Institution, Commercial Sewaee or Garba e Dis al P1. nt Wat r Mana ement an se Facili Lu rBui in M. terials S. les Automobile /Boat en a losed Auto ile rvi e S ti n e tau nt with ve -t CITY OF CARMEL ZONING ORDINANCE ale 10 O r. g.. -r i, -nn Establishment (with .n- ite a t Fun-ral H•me .rtu. re ato Self- service Laundry, Veterinary Hospital with commercial kennel. Wholesale Sales. Stadium or Coliseum Commer ial r- -nhouse Fee tore rain Elevator Shootin Gall endix A T ue of Uses Sexually Orient-d Business-s All In trial Uses in A A. Automobile, Truck, Boat, Mobile Home, Manufactured HouGing er RV Sale° B. Sexually Oriented Businesses C. All Industrial Uscs in Appendix A 23H.05 Building Setbacks. TO BE DISCUSSED BY COMMITTEE NOVEMBER 15 23H.05.01 Urban Cross Section. A. Minimum Greenway SetbackBuild-te -Line. 1. Minimum: Twelve feet (12'), measured from the actual right -of -way, or a thirty- three feet (33') half right -of -way, whichever is greater. 2. Maximum: There is no maximum setback; however, the area adjacent to the Greenway may not be used solely for parking. In addition, this area must reflect an awareness of the Greenway and shall not adversely impact the character of the Greenway. 3. Horizontal movement of the building facade is encouraged within the setback ar a; however, must occur in no less than thirty feet (30') increments. 23H 10.01 B. Side and Rear Setbacks. Fifteen f5)� eee There arc no minimum side or r ar setbacks; however, no buildings or other permanent improvement shall encroach into required landscape ar as. C. Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the Old Town District Overlay Zone and the Monon Greenway Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, parcels in the Overlay with frontage on a public street, must adhere to the Front Yard requirements established by other applicable Overlay Zones or their underlying zoning districts. 23H.05.02 Natural Cross Section. A. Minimum Greenway Setback.= Setbacks shall beThirty (30) feet, measured from Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 11 -9 -2007 23H.06.01 the edge of Monon Greenway. generally a presumed thirty -three feet (33') half right -of -way. 1 Principal Buildings: Sixty (60) feet. 2. Accessory Buildings: Thirty (30) feet. B. Side and Rear Setbacks. Requirements per underlying primary zoning district. C. Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the Old Town District Overlay Zone and the Monon Greenway Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, .arcels in the Overla with f onta•e on a •ublic street, must adhere to the Front Yard requirements established by other applicable Overlay Zones or their underlying zoning districts 23H.06 Greenway Spccification'Access Points. r-enwa Access Points, for new residential or commercial construction, shall be designed and built in accordance with an approved Plan and to Parks Board Standards. Access Points from existing buildings must receive the approval of the Director of Carmel Clay Parks. Connection intervals shall he approved b if Carmel Clay Parks. All access points shall be constructed of durable materials and shall be designed as to not impede drainage ways. Where determined appropriate. a non access agreement may be required to be recorded. A. Right of Way: Thirty three feet-(3-3- right of way. B. Trail Width: Minimum thirty six feet (36') travel way including: 1. Minimum sixteen feet (16') continuous asphalt path throughway. 2. Dual ten feet (10') throughway on both sides for slower moving pede Connection intervals shall be determined by the Dircctor and in 23H.06.02 Natural Cross Section. A. Right of Way: Thirty three feet (33')-hal €right -erwoy. crushed stone shoulders. Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE designed by the Director of Carmel Clay-Parks- and/or the City -ef -Carte Alternative Transportation Coordinator. Permitted trail connections shall be constructed of durable materials and shall be designed as to not impede drainage ways. 23H.07 Building Orientation Footprint. 23H.07.01 Urban Cross Section. A. Orientation_Every parcel with frontage on the Monon Greenway must have at least one building elevation that which fronts on the Greenway. B. Maximum Building Footprint: 15,000 square feet. C. Maximum Facade Length: 150 feet. 23H.07.02 Natural Section. A. Maximum Buil. in Footprint: 15,000 square feet. 23H.10.01 Larpe ow an nk fac the Greenway. Long r facad ual t• .0 e- f the ut e line -t rient CITY OF CARMEL ZONING ORDINANCE utt n at an n 1 1 the Gr-en e r.1-1. ter han r 2314.08 Building Height, TO BE DISCUSSED BY COMMITTEE NOVEMBER 15 23H.08.01 Urban Cross Section. A. Minimum Height: Two (2) stories. B. Maximum Height: Buildin facades within thin -two feet 321 of the Greenwa shall be limited to a height of fForty -two feet (42'). However, additional building height t. that .hic i •e_ 't the .ri I► un rl i zonin district or they plicable Qverlay_Zone may be mod achieved with a facade step back from the Greenway: Each fa ade te. •ack hall at 1 ast t ent feet 2 in de.t n. shall •e constructed as usable outdoor space such as a rooftop patio or garden Building facades located reater then thirty -two feet (32') from the Greenway ma hav• h-itht whi h i -rmitted t e •rima underl inp zonin• di trict or other applicable v-rla Zone ar not allo ed B it 23H.08.02 Natural Cross Section. A. Minimum Height: None. B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay Zone. 23H.09 Building Requirements. 23H.09.01 New principal buildings with a gross floor area containin h square feet shall contain a shower,-and changing gin' facility q g g` ty for employee use. 23H.09.02 New principal buildings with a gross floor area containing more than 15,000 square feet shall provide covered, long term bicycle parking at a rate of one space per 5,000 square feet. Long term bicycle parking may include an indoor storage area and/or exterior bicycle lockers, as approved as part of an ADLS plan. 23H.10 Architectural Design. Buildings in the Urban Cross Section with frontage on the Greenway must include the following characteristics: more than 15,000 non residential •th co tinu. s faca•es that ar- fi f•et a feet 8' in &nth and c•ntinu.us for net l s t n en -five feet (2 alone thellength of the facade. All elevations shall exhibit variety through inclusion of architectural elements such as win• rrounds tor fronts d. or s ecial •rick c.ursin�•ilast lintels ano•ies Chapter 23H: Monon Greenway Overlay Zone 23H -5 Draft 11 -9 -2007 23H.10.09 CITY OF CARMEL ZONING ORDINANCE and covered walkways or recesses. Facades shall also exhibit variable roof heights, a diversity of building materials and varied buildingmass within a given structure Architectural elements shall be anat ed in a b. 1. need, relativel uniform fashion. Fa x window openings and special masonry coursing may be used in service areas, especially areas where rooftop skvlighting is designed. 23H.10.02 Ground and upper floors shall utilize transparent glass; the ground floor elevations of non- residential uses must incorporate the transparent glass as a significant component. special brick coursing, pilasters and lintels. 23H.10.03 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. 23H.10.04 When applicable, retail Retail storefronts shall be -have a primary entrance oriented along the Greenway on the first floor of the building, except -other entrances such as€er pedestrian entrances to parking areas shall be permitted on non Greenway facades. 23H.10.05 Every facc facade of a building abutting must have openings for windows. 23H.10.06 Large expanses of glass are allowed, but no facade may be constructed entirely of a metal and glass curtain wall. 23H.10.07 Fixed or retractable awnings are pefFeit.teif 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 facade composition; and are designed as an integral part of the facade. Awnings may not be internally illuminated. 23H.10.08 Pedestrian scale detailing is wired at the ground level. Becai c As the buildings may will be viewed very close up, all buildings should it is important to exhibit articulated detail and ornament that is scaled to the pedestrian. Examples include, but are not limited to cornices, columns, pilasters, lighting, decorative moldings, sills and quoins, as well as canopies. awnings covered walkways and other similar sheltering features. Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 11 -9 -2007 the Greenway .Modulation of the roof and/or roof line will be required in order to eliminate box shaped buildings Parapets must be fully integrated into the architectural design of the building and provide seamless design transitions. including exterior materials between the main building mass, mechanical penthouses and other roof structures, Should they be used, partial parapets shall have a return that extends inward to at least the first structural bay. or twenty (20) feet, whichever is greater. Parapet heights shall vary by no less than 3 feet, including between neighboring structures on the same or adjacent parcel. 23H.10.10 Architectural styles, primary materials, building setbacks, separations, heights and mass shall vary among neighboring buildings along the Greenway_ 23H.11 Landscaping aittd -iYee Preset vt►t. 23H.11.01 Urban Cross Section. A. Tree Preservation Requirements: It IS the a 't f °fihe 1VIo r erlay to CITY OF CARMEL ZONING ORDINANCE preserve exist' r vet .ti.n ithin r- nw Ea me t .f Rit t -.f -W accordine o the Monon Greenway covenants Alterations to the existing vegetation in the Monon Greenway may be sought through_, a DP /ADLS ro Such alteration require the approval of the Director of Carmel Clay Parks Otherwise no ehanges to_She Greenway vegetation may be made. Any proposed Ares rvation or alte t' n it e .f G en a sh,11 be vi wed by the Urban Forester and Plan Commission and must be in accordance with Sectio_u_23H.11.03. When deemed appropriate, and upon the approval of the Urban Forester mitigation a occur within the M.n.n Gre-nwa Y B. Planting Requirements: 1. When a Development Plan or other Commission approval includes or requires reconstruction of the Greenway, the landscape plan shall comply with the Monon Greenway Cross Section requirements and must meet the approval of the Director of Carmel Cla Park and the Ci f Carm-1 Urban Forester. is accompanied by the re design and/or rc construction of the Greenway, shade trees shall be planted in the Greenway Right of Way, per the standards of tho (50') and a minimum of thirty fcct (30'). .e I. rt� .m.:j.tt.n low shrubs planting beds and grass or ground cover, with exceptions for Appropriate pedestrian access to building entrances. 3. Alternatively, the Greenway Setback may be covered with decorative hard surfaces and /or pavers to allow seating areas or outdoor tables, such areas shall be surrounded by low shrubs or planting beds. Remainin facades shall have foundation .lantins in beds no less than ive 5 feet in width, with exceptions for appropriate pedestrian access to building entran Initially plantings shall cover at Least 5p °fo of the base of the burldin nz ntall.' n., �a, a -'•ht .�.a coy -rte phut tau' years. 23H.11.02 Natural Cross Section. A. Planting Requirements: Plantings shall be provided in--at a rate equivalent to a Bufferyard D, as prescribed in Chapter 26.04: Perimeter Buffering Requirements. Chapter 23H: Monon Greenway Overlay Zone 23H -7 Draft 11 -9 -2007 B. Tree Preservation Requirements: Existing vegetation within the Greenway Easement or Right -of -Way shall be preserved in accordance with the Monon Greenway covenants. amosed preservatio mans or alterations to the existing v_e etation in in the Greenway require the approval of the Director of Carmel Clay Parks. Otherwise no changes to_ reenwayvegctation may be made._ h re *g -4 unde tl =.is -C-l3 :ems proved by the Director of Carmel Clay Pam Any proposed preservation or alteration outside of the Greenway shall II 'itl CITY OF CARMEL ZONING ORDINANCE 23H.11.03 General Landscaping_Requirements. A. 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 of all trees that are 6" DBH or larger and located within the required yard/setback areas. B. A five -foot (5') wide planting strip shall be provided along the-all sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. In areas where the planting strip is isolated from other lawn or a een areas by sidewalks, drives or other impervious surfaces, then the Plan Commission 6 t om} i structural soil technologies be applied to sustain the life of plantings. C. Parking areas shall be located at the rear or side of buildings, and screened from the Greenway by low walls, low fences, or hedges, or a combination thereof. Plant materials shall be at least four feet (4') in height within three (3) years D. 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. E. 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. No openings or access gates for trash enclosures shall face the Monon Greenway, F. 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 owner 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. G. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited 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. H. All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 11. Ground level mechanical/ telecommunication equipment shall be 11 screened so that it is not visible from the Greenway and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. Chapter 23H: Monon Greenway Overlay Zone 23H -8 Draft 11 -9 -2007 23H.12 Lighting. 23H.12.01 Exterior lighting of the building(s) or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. 23H.12.02 Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 23H.12.03 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. 23H.12.04 The maximum height of light 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 properties, their height shall not exceed fifteen (15) feet. 23H.13 Signage. All signs shall be in accordance with Chapter 25.07: Sign Ordinance and other applicable District Overlay Requirements. In addition, the following standards shall apply to signs facing the Monon Greenway: 231-1.13.01 Prohibited signs: 23H.13.02 23H.13.03 23H.14 Parking. 23H.14.01 CITY OF CARMEL ZONING ORDINANCE Wall Signs are allowed in the Urban Cross Section provided that they fit within the horizontal and vertical elements of the building and do not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Wall Signs shall be no larger than ten (10) square feet and shall be in accordance with an approved ADLS. Projecting Signs no larger than six (6) square feet are allowed for new or existing buildings in the Urban Cross Section which comply with setback, orientation and height requirements, as specified in Sections 23H.05, 23H.07 and 23H.08 of this Chapter. Parking shall be provided per Chapter 27: Additional Parking Loading Regulations, unless otherwise stated for parcels in the Old Town District Overlay Zone. 23H.14.02 Bicy le •arkiiw¢ sha .e r.vi in a or..nc with S- tion 2 16: Bic le Par in. however, the required number of bicycle parkin• snaces in the Overla Zone shall be double. The number of spaces may include the long -term bicycle parking required in Section 23H.09.02. Up n anntoKal by the Alternative Transpo tiortan Coordinator bicycle parkin ma e located in th M non re nwa E em nt rban Se tion onl bicycle 1 23H. 14.03 Parking areas shall be set back not less than cix feet (6')20 feel behind the Front Line of Building, and shall include landscaping as required in Section 23H.11.03. Open spaces c e.t -d b thi et.a k sha l bec.me k-t ..rks_1.nd a atherinr s..ces .r .ace for other greenway- related amenities. 23H.14.04 Parking structures are permitted adjacent to the Monon Greenway; provided that the ground level of the facade facing the Greenway is a non parking use or acts as a building foundation completely screened from the view of the Greenway Uses may be residential or non- residential in nature, and shall comply with Sections 23H.03 and 23H.04 of this Chapter. Chapter 23H: Monon Greenway Overlay Zone 23H -9 Draft 11 -9 -2007 zoning classification district mapped. CITY OF CARMEL ZONING ORDINANCE 23H.15 Other Requirements. 23H.15.01 Boundary Markers. Upon application for Commission approval a staked survey must be completed to determine the Monon Greenway property line. Prior to commencing and tPhroughout the duration of construction, boundary markers shall be placed at the edge of the Monon Greenway Right -of Way. Monuments shall be at least twenty -four inches (24 in height and placed at the property corners abutting the Greenway. In addition, a temporary construction fence shall be placed along the Greenway boundary prior to site work commencing and throughout the duration of construction. 23H.15.02 Monon 1 um it ..n a..l• .n fo .mmi rov.1 a..licant mu t .rovide a copy of the deed by which the title and any associated easements were conveyed. 23H.15.03 All other requirements not mentioned in this Section shall remain as stated for that primary Chapter 23H: Monon Greenway Overlay Zone 23H -10 Draft 11 -9 -2007 CHAPTER 23H: MONON GREENWAY OVERLAY ZONE AMENDMENT LOG Chapter 23H: Monon Greenway Overlay Zone 23H -11 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE Ordinance No. Docket No. Council Approval Effective Date Sections Affected EXISTING ZONING: Urban Section: R -2, B -2, B -5, C -1, C -2, I -1 Old Town OL, Range Line OL Natural Section: P -1, S -2, R -1, R -2, R -3, R-4, M -3, PUD Old Town OL, Home Place OL, US 31 OL 23H.00 Monon Greenway Overlay Zone. CARMEL CITY CODE CHAPTER 10: ZONING SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23H: MONON GREENWAY OVERLAY ZONE Chapter 23H: Monon Greenway Overlay Zone 23H -1 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.00.01 Purpose, 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 and Clay Township by protecting the physical integrity of the Monon Greenway, including its ballast foundation and drainage ways, and by complying with the Monon Greenway easement covenants as they pertain to the natural character and existing vegetation of the trail and its protection. For purposes of this Zone, the Monon Greenway shall be defined as any property conveyed to the City of Carmel, by title or easement, for purposes of establishment of the Monon Trail. It is the City's intent to achieve the purpose of this zone by: Providing a consistent design treatment for private and public properties Greenway; Providing controls for architecture and landscape design that establish design between projects and to improve the physical relationship and between new buildings and the Monon Greenway; Protecting the Monon Greenway character; Protecting the physical integrity of the Monon Greenway. This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. In establishing this zone, the Plan Commission and Council relies on I.C. 36 -7 -4 -1400 et seq. 23H.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). along Monon continuity of human scale 23H.01 District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. Diagram 1 illustrates, generally, the boundaries of the Urban and Natural Sections. 23H.01.01 Urban Section Boundary. Properties which abut the Monon Greenway from First Street NW to the southern property line of properties fronting the south side of Carmel Drive. 23H.01.02 Natural Section Boundary. Properties which abut the Monon Greenway from 146 Street to First Street NW and Carmel Drive to 96 Street. 23H.02 Plan Commission Approval. 23H.02.01 The Plan Commission, or its Hearing Officer in C- 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 Urban Section of the Monon Greenway Overlay Zone. DP and ADLS R is required in the Natural Section, pursuant to the requirements of the underlying primary zoning district. Chapter 23H: Monon Greenway Overlay Zone 23H -2 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE Diagram 1 Urba Natuc�l Sections 23H.02.02 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the 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 detract 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 that 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 of Zoning Appall for a variance from development standards provided under IC 36 -7 -4 -918.5 and this Zoning Ordinance. 23H.03 Permitted Uses. See Appendix A Schedule of Uses. 23H.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23H.04, are permitted in the Zone. 23H.03.02 Residential uses are permitted in the Zone, regardless of the underlying primary zoning district. 23H.04 Prohibited Uses. See Appendix A Schedule of Uses. 23H.04.01 Prohibited Uses. Mobile Home Court, Penal or Correctional Institution, Commercial Sewage or Garbage Disposal Plant, Water Management and Use Facility, Lumber /Building Materials Sales (enclosed), Automobile Service Station, Restaurant (with drive -thru sales), Automobile/Boat Sales, Automobile/ Truck Repair (indoor), Car Wash, Commercial Kennel, Dry Cleaning Establishment (with on -site plant), Funeral Home/Mortuary/Crematory, Self- service Laundry, Veterinary Hospital with commercial kennel, Wholesale Sales, Stadium or Coliseum, Commercial Greenhouse, Feed Store, Grain Elevator, Shooting Gallery, Sexually Oriented Businesses, All Industrial Uses in Appendix A (Type of Uses). CITY OF CARMEL ZONING ORDINANCE 2314,05 Buildinit Setbacks, TO BE DISCUSSED BY COMMITTEE NOVEMBER 15 23H.05.01 Urban Section. A. Minimum Greenway Setback. 1. Minimum: Twelve feet (12'), measured from the actual right -of -way, or a thirty- three feet (33') half right -of -way, whichever is greater. 2. Maximum: There is no maximum setback; however, the area adjacent to the Greenway may not be used solely for parking. In addition, this area must reflect an awareness of the Greenway and shall not adversely impact the character of the Greenway. B. Side and Rear Setbacks. C. Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the Old Town District Overlay Zone and the Monon Greenway Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, parcels in the Overlay with frontage on a public street, must adhere to the Front Yard requirements established by other applicable Overlay Zones or their underlying zoning districts. 23H.05.02 Natural Section. A. Minimum Greenway Setback. Setbacks shall be measured from the edge of Monon Greenway, generally a presumed thirty-three feet (33') half right -of -way. Principal Buildings: Sixty (60) feet. 2. Acc.es.Gr dings: Thirty (30) feet, B. Side and Rear Setbacks. Requirements per underlying primary zoning district. C. Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the Old Town District Overlay Zone and the Monon Greenway Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, parcels in the Overlay with frontage on a public street, must adhere to the Front Yard requirements established by other applicable Overlay Zones or their underlying zoning districts. Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.06 Greenway Access Points. 23H.06.01 Greenway Access Points, for new residential or commercial construction, shall be designed and built in accordance with an approved Plan and to Parks Board Standards. Access Points from existing buildings must receive the approval of the Director of Carmel Clay Parks. Connection intervals shall be approved by- the Director of cannel flay, Parks. All access points shall be constructed of durable materials and shall be designed as to not impede drainage ways. Where determined appropriate, a non access agreement may be required to be recorded. 23H.07 Building Orientation Footprint. 23H.07.01 Urban Section. A. Orientation. Every parcel with frontage on the Monon Greenway must have at least one building elevation that fronts on the Greenway. B. Maximum Building Footprint: 15,000 square feet. C. Maximum Facade Length: 150 feet. 23H.07.02 Natural Section. A. Maximum Building Footprint: 15,000 square feet. B. Maximum Facade Length: No facade greater than 80 feet in length shall be parallel with the Greenway. Longer facades must be oriented at an angle greater than or equal to 60 degrees from the property line abutting the Greenway. 23H.08 Buildinu Height. TO BE DISCUSSED BY COMMITTEE NOVEMBER 15 23H.08.01 Urban Section. A. Minimum Height: Two (2) stories. B. Maximum Height: Building facades within thirty -two tee[ (32') o tl;e Greenway shall be limited to a height of forty -two feet (42'). However, additional building height up to that which is permitted in the primary underlying zoning district or other applicable Overlay Zone may be achieved with a facade step back from the Greenway. Each facade step batik shall be at least twenty feet (20') in depth and shall he constructed as usable outdoor space;, such as a rooftop patio or garden. Building facades located greater than thirty -two feet (32') from the Greenway may have a height which is permitted by in the primary underlying zoning district or other applicable Overlay Zone. 23H.08.02 Natural Section. A. Minimum Height: None. B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay Zone. 23H.09 Building Requirements. 23H.09.01 New principal buildings with a gross floor area containing more than 15,000 non residential square feet shall contain a shower, changing and lo facility acee for employee use. Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.09.02 New principal buildings with a gross floor area containing more than 15,000 square feet shall provide covered, long term bicycle parking at a rate of one space per 5,000 square feet. Long term bicycle parking may include an indoor storage area and/or exterior bicycle lockers, as approved as part of an ADLS plan. 23H.10 Architectural Design. Buildings in the Urban Section with frontage on the Greenway must include the following characteristics: 23H.10.01 Large blank facades are not allowed. Buildings with continuous facades that are fifty feet (50') or greater in width, shall be designed with offsets (projecting or recessed) not less than eight feet (8') in depth and continuous for not less than twenty -titre feet (25') along the length of the facade. All elevations shall exhibit variety through inclusion of architectural elements such as windows and surrounds, storefronts, doors, special brick coursing, pilasters, lintels, canopies and covered walkways or recesses. Facades shall alsp exhibit variable roof heights, a diversity of building materials and varied building mass within a given structure. Architectural elements shall be arranged in a balanced, relatively uniform fashion. Faux window openings and special masonry coursing may be used in service areas, especially areas where rooftop skylighting is designed. 23H.10.02 Ground and upper floors shall utilize transparent glass; the ground floor elevations of non- residential uses must incorporate the transparent glass as a significant component. 23H.10.03 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. 23H.10.04 Retail storefronts shall have a primary entrance oriented along the Greenway on the first floor of the building, other entrances such as pedestrian entrances to parking areas shall be permitted on non Greenway facades. 23H.10.05 Every facade of a building abutting the Greenway must have openings for windows. 23H.10.06 Large expanses of glass are allowed, but no facade may be constructed entirely of a metal and glass curtain wall. 23H.10.07 Fixed or retractable awnings are encouraged 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 facade composition; and are designed as an integral part of the facade. Awnings may not be internally illuminated. 23H.10.08 Pedestrian scale detailing is required at the ground level. As the buildings will be viewed very close up, it is important to exhibit articulated detail and ornament that is scaled to the pedestrian. Examples include, but are not limited to cornices, columns, pilasters, lighting, decorative moldings, sills and quoins, as well as canopies, awnings covered walkways and other similar sheltering features. 23H.10.09 Modulation of the roof and/or roof line will be required in order to eliminate box shaped buildings. Parapets must be fully integrated into the architectural design of the building and provide seamless design transitions, including exterior materials between the main building mass, mechanical penthouses and other roof structures. Should they be used, partial parapets shall have a return that extends inward to at least the first structural bay, or twenty (20) feet, whichever is greater. Parapet heights shall vary by no less than 3 feet, including between neighboring structures on the same or adjacent parcel. 23H.10.10 Architectural styles, primary materials, building setbacks, separations, heights and mass shall Chapter 23H: Monon Greenway Overlay Zone 23H -5 Draft 11 -9 -2007 vary among neighboring buildings along the Greenway. Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.11 Landscaping and_1'ree,Preservation. 23H.11.01 Urban Section. A. Tree Preservation Requirements: It is the goal of the Monon Greenway Overlay to preserve existing vegetation within the Greenway Easement of Right-of-Way according to the Monon Greenway covenants. Alterations to the existing vegetation in the Monon Greenway may be sought through a DP ADLS proposal. Such alterations require the approval of the Director of Cannel Clay Parks. Otherwise no changes to the Greenway vegetation may be made_ Any proposed preservation or alteration outside of the Greenway shall be reviewed by the Urban Forester and Plan Commission and must be in accordance with Section 2311.1 L03. When deemed appropriate, and upon the approval of the Urban Forester, mitigation may occur within the Monon Greenway. B. Planting Requirements: 1. When a Development Plan or other Commission approval includes or requires reconstruction of the Greenway, the landscape plan shall comply with the Monon Greenway Cross Section requirements and must meet the approval of the Director of Carmel Clay Parks and the City of Carmel Urban Forester. 2. The Greenway Setback shall be landscaped with a combination of shade trees, low shrubs, planting beds and grass or ground cover, with exceptions for appropriate pedestrian access to building entrances. 3. Alternatively, the Greenway Setback may be covered with decorative hard surfaces and/or pavers to allow seating areas or outdoor tables, such areas shall be surrounded by low shrubs or planting beds. 4. Remaining facades shall have foundation plantings in beds no less than five (5) feet in width, with exceptions for appropriate pedestrian access to building entrances. initially, planting' shall cover at least. 50% of the base of the building (horizontally) and be at mature height and coverage within three (3) years, 23H.11.02 Natural Section. A. Planting Requirements: Plantings shall be provided at a rate equivalent to a Bufferyard D, as prescribed in Chapter 26.04: Perimeter Buffering Requirements. B. Tree Preservation Requirements: Existing vegetation within the Greenway Easement or Right -of -Way shall be preserved in accordance with the Monon Greenway covenants. Proposed preservation plans or alterations to the existing vegetation in the Greenway require the approval of the Director of Carmel Clay Parks. Otherwise ro ehanges to the C rcenwa vegetation may be made. Any proposed preservation or alteration outside of the Greenway shall be reviewed by the Urban Forester and must be in accordance with 2311.11, 03. 23H.11.03 General Landscaping Requirements. A. 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 75% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23H.12 Lighting. 23H.12.01 Chapter 23H: Monon Greenway Overlay Zone 23H -7 D raft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE B. A five -foot (5') wide planting strip shall be provided along all sides of parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. In areas where the planting strip is isolated from other lawn or green areas by sidewalks, drives or other impervious surfaces, then the Plait Conutlia i.un may require structural soil technologies be applied to sustain the life of plantings. C. Parking areas shall be located at the rear or side of buildings, and screened from the Greenway by low walls, low fences, or hedges, or a combination thereof. Plant materials shall be at least four feet (4') in height within three (3) years. D. 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. E. 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. No openings or access gates for trash enclosures shall Lace the 1Vlo ion Greenway: F. 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 owner 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. G. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited 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. H. All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/ telecommunication equipment shall be fully screened so that it is not visible from the Greenway and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. Exterior lighting of the building(s) or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. 23H.12.02 Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 23H.12.03 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. 23H.12.04 The maximum height of light 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 properties, their height shall not exceed fifteen (15) feet. CITY OF CARMEL ZONING ORDINANCE 23H.13 Signage. All signs shall be in accordance with Chapter 25.07: Sign Ordinance and other applicable District Overlay Requirements. In addition, the following standards shall apply to signs facing the Monon Greenway: 23H.13.02 Wall Signs are allowed in the Urban Section provided that they fit within the horizontal and vertical elements of the building and do not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Wall Signs shall be no larger than ten (10) square feet and shall be in accordance with an approved ADLS. 23H.13.03 Projecting Signs no larger than six (6) square feet are allowed for new or existing buildings in the Urban Section which comply with setback, orientation and height requirements, as specified in Sections 23H.05, 23H.07 and 23H.08 of this Chapter. 23H.14 Parking. 23H.14.01 Parking shall be provided per Chapter 27: Additional Parking Loading Regulations, unless otherwise stated for parcels in the Old Town District Overlay Zone. 23H.14.02 Bicycle parking shall be provided in accordance with Section 27.06: Bicycle Parking; however, the required number of bicycle parking spaces in the Overlay Zone shall be double. The number of spaces may include the long -term bicycle parking required in Section 23H.09.02. Upon approval by the Alternative Transportation Coordinator, bicycle parking may be located in the Monon Greenway Easement (Urban Section only).. 23H.14.03 Parking areas shall be set back not less than 20 feet behind the Front Line of Building, and shall include landscaping as required in Section 23H.11.03. Open spaces created by this setback shall become pocket parks, landscaped gathering spaces or space for other greenway- related amenities. 23H.14.04 Parking structures are permitted adjacent to the Monon Greenway; provided that the ground level of the facade facing the Greenway is a non- parking use, or acts as a building foundation completely screened from the view of the Greenway. Uses may be residential or non- residential in nature, and shall comply with Sections 23H.03 and 2311.04 of this Chapter. 23H.15 Other Requirements. 23H.15.01 Boundary Markers. Upon application for Commission approval a staked survey must be completed to determine the Monon Greenway property line. Prior to commencing and throughout the duration of construction, boundary markers shall be placed at the edge of the Monon Greenway Right -of Way. Monuments shall be at least twenty -four inches (24 in height and placed at the property corners abutting the Greenway. In addition, a temporary construction fence shall be placed along the Greenway boundary prior to site work commencing and throughout the duration of construction. 23H.15.02 Monon Documents. Upon application for Commission approval applicant must provide a copy of the deed by which the title and any associated easements were conveyed. 23H.15.03 All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. Chapter 231-1: Monon Greenway Overlay Zone 23H -8 Draft 11 -9 -2007 CHAPTER 23H: MONON GREENWAY OVERLAY ZONE AMENDMENT LOG Chapter 23H: Monon Greenway Overlay Zone 23H -9 Draft 11 -9 -2007 CITY OF CARMEL ZONING ORDINANCE Ordinance No. Docket No. Council Approval Effective Date Sections Affected