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HomeMy WebLinkAboutPacket 08-07-07 \ti V U 4 oFc C ity of arme CARMEL PLAN COMMISSION MEMORANDUM- Date: July 27, 2007 To: Plan Commission Members From: Adrienne Keeling Department of Community Services Re: August 7"' Subdivision Committee Meeting Docket No. 07050023 OA Enclosed is an updated version of the following item. If you have any questions, please give me a call at 571 -2417. 4. 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. Enclosed is a proposed new chapter of the Zoning Ordinance establishing development standards along the Monon Greenway. This proposal is in response to the many recent developments, either proposed or under construction, along the Monon. The Department has received many concerns from citizens, Council and Plan Commission members about establishing standards along the Trail. A number of changes have been made to the ordinance since the Public Hearing on June 19 a redline copy is enclosed for your review. Included within the proposed chapter are standards for use, building height, setback, landscaping and architectural design. In an effort to recognize and allow for varying character along the Monon, two different areas of the Greenway are proposed with differing development standards. The Urban Section has been identified as the approximately one -mile area between Old Town and Carmel Drive. In addition to a widening of the Trail to accommodate more users, it is envisioned that future buildings address the trail rather than turning their backs. The Natural Section is everything north and south of the Urban Section, where the building setbacks and buffering requirements are larger. Please note that this is item is a zoning ordinance text amendment only. For this to be implemented and enforced, a map amendment (rezoning) will be required to establish the exact boundaries of the Overlay Zone. 2007 -0727; 07050023 OA; Committee Memo Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 10: ZONING SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23H: MONON GREENWAY OVERLAY ZONE 23H.00 Monon Greenway Overlay Zone. 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 by protecting the physical integrity of the Monon Greenway 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. 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 more urbanized sections of the Monon Greenway; Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and the Monon Greenway; Protecting the remaining 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(8).• Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). Chapter 23H: Monon Greenway Overlay Zone 23H -1 Draft 07 -27 -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. Dia am 1 illustrates. _eneral the boundaries of the Urban and Natural Sections. 23H.01.01 Urban Section Boundary. First Street NW to the Diagram 1: Urban vs. Rural Sections southern property line of properties fronting the south side of Carmel Drive.. ,..tie 23H.01.02 Natural Section Boundary. 146 th Street to First NATURAL. Street NW and Carmel Drive to 96 Street. SECTION 23H.02 Plan Commission Approval. t ±t�?Es 23H.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, 3 r� i Landscaping and Signage (ADLS) for any tract of URBAN land in the Monon Greenway Overlay Zone. SECTION 23H.02.02 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this lill Chapter, by not greater than thirty -five percent 1 (35 Any approval to permit such a waiver shall r y t be subject to the following criteria: n, NATURA A. The proposal shall enhance the overall l 1 SECTION Development Plan and the adjoining 1 1 r streetscapes and neighborhoods. ter B. The proposal shall not produce a Site Plan or a street/circulation system that would be w. f 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 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; however, it shall not comprise more than seventy -five percent (75 of a project's gross floor area in districts where residential is not permitted by underlying zoning. 23H.04 Prohibited Uses. See Appendix A Schedule of Uses. Chapter 23H: Monon Greenway Overlay Zone 23H -2 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.04.01 Prohibited Uses. A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A 23H.05 Building Setbacks. 23H.05.01 Urban Cross Section. A. Build -to 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 ol1for 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 required within the setback area, and; however, must occur in no less than thirty feet (30') increments. B. Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 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. 23H.05.02 Natural Cross Section. A. Minimum Trail Setback: Thirty (30) feet, measured from a presumed thirty -three feet (33') half right -of -way. 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. 23H.06 Trail onne ti•n NOTE: TRAIL SPECS ARE BEING REMOVED IN FAVOR OF PLACLNG THEM IN THE THOROUGHFARE PLAN LNSTEAD. 23H.06.01 Urban Cross Section. Trail Connections shall be design -d in .c ors nc- wit .n as .r•ve Development Plan. Carmel Cl Parks. and the Alternative Trans•ortation Coordinator. Con ecti.n int-rv.Is ha 1 •e -termi e. the Dir-ctor .ni i c• .r.in.t on w•t 'Ian for primary pedestrian connection. A. Right of Way: Thirty three fcct (33') half right of way. e' p estr-i ns-; Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE :1--Coordinator coordination with a plan -for -prey pedestrian connection. 23H.06.02 Natural Cross Section. All trail connections, whether residential or commercial. shall be designed t e ire or of el Cla P. ks •nd/.r the it of •All el Ahern dive Transportation Coordinator. Permitted trail connections shall be constructed of durable materials and shall be desi d as to not im i d- raina wa s A. Right of Way: Thirty three feet (33'` ha'�ight -ef way designed by the Director of C drainage way i. 23H.07 Building Orientation. 23H.07.01 Urban Cross Section. Every parcel with frontage on the Monon Greenway must have at least one building which fronts on the Greenway. 23H.08 Building Height. 23H.08.01 Urban Cross Section. A. Minimum Height: Two (2) stories. B. Maximum Height: Forty -two feet (42'). However, additional building height may be permitted with each twelve feet (12') facade step back from the Greenway. 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 containing more than 15,000 square feet shall contain a shower and changing facility 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. 1 23H.10 Architectural Design. Buildings in the Urban Cross Section with frontage on the Greenway must include the following characteristics: 23H.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. Chapter 23H: Monon Greenway Overlay Zone 23H-4 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.10.02 The facade shall be provided relief by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23H. 10.03 The first floor and all other floors will have a coordinated composition, which will usually he 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 storefronts shall be oriented along the Greenway on the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23H.10.05 Every face of the building with frontage along the Greenway must have openings for windows. 23H.10.06 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23H.10.07 Fixed or retractable awnings are permitted 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 encouraged on the Greenway elevation of the building at the ground level. Because the buildings may be viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23H.I0.09 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. 23H.11 Landscaping.. 23H.11.01 Urban Cross Section. A. Planting Requirements: When a Development Plan or other Commission approval is accompanied by the re- design and /or re- construction of the Greenway, shade trees shall be planted in the Greenway Right -of -Way, per the standards of the City and Carmel Clay Parks. Maximum spacing between trees shall be fifty feet (50') and a minimum of thirty feet (30'). B. Preservation Requirements: Preservation requirements shall be evaluated and determined upon d u application for and finalized prior to Commission approval PP and thereafter in accordance with the Monon Greenway covenants. The Director of Carmel Clay Parks shall also approve the Preservation Plan. However, existing vegetation within the Greenway Easement or Right-of- Way shall be preserved until Commission approval and may not he removed until Commission approval. 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. B. Preservation Requirements: Existing vegetation within the Greenway Easement or Right-of-Way shall be preserved in accordance with the Monon Greenway covenants. Any preservation plan brought forth under this Chapter shall also be approved by the Director of Carmel Clay Parks. 23H.11.03 General LandscaninQ Requirements. Chapter 23H: Monon Greenway Overlay Zone 23H -5 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 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 50% 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 he provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. 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. D. Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (I) 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. 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 he approved by the Director or his designee in order to conform to specific site conditions. I. A I.n.sca•in. D to a••r•val b t Director o mel la P. No 1.nesca•inl whi h has •een L 'roved b t Director m. 1. -r •e ubstan i.11 altered elim'n. es or sacrifices wi he t fir t in'n. fur her a. •roval. •w-ver minor -rial alter.ti•n in lanes •i m. be a•.r.ve. b th- Director •r hi se i.nee in •rd-r conform to specific site conditions. U. Ground level mechanical telecommunication equipment shall be screened from the Greenway and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 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. Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 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, 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: which orient themselves to the Monon Grecnway. B': All o' .9 a� 23H.13.02 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. 23H.13.03 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. 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 In addition to long -term bicycle parking required in Section 23H.09.02, bicycle parking shall be provided in accordance with Section 27.06: Bicycle Parking. However, the required number of bicycle parking spaces in the Overlay shall be double. 23H.14.03 Parking areas shall be set back not less than six feet (6') behind the Front Line of Building, and shall include landscaping as required in Section 23H.11.03. 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. Uses may be residential or non residential in nature, and shall comply with Sections 23H.03 and 23H.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 Greenway property line. Throughout the duration of construction, boundary markers shall he 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 boundary throughout the duration of construction. 23H.15.02 All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 1 lop Chapter 23H: Monon Greenway Overlay Zone 23H -7 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE CHAPTER 23H: MONON GREENWAY OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Chapter 23H: Monon Greenway Overlay Zone 23H -8 Draft 07 -27 -2007