HomeMy WebLinkAboutPacket 10-02-07 yW 00/11 /lop
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CARMEL PLAN COMMISSION
MEMORANDUM-
Date: September 21, 2007
To: Plan Commission Members
From: Adrienne Keeling 4r
Department of Community Services
Re: October r Subdivision Committee 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 Depaitntent of Community Services.
The following additional information is enclosed for your review:
1. Updated Draft (September 21). Highlighted sections indicate changes since the
September 4 Committee.
2. Clean Draft (September 21). If you prefer to not read through the edit marks.
Again, 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 -0921; 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
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.
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, 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 Proposes of this
Zon- the non Greenwa hall •e d- fine..s :n .ro. rt onv• e to he it armel
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 along mefe
Monon Greenway;
Providing controls for architecture and landscape design to -that establish continuity of
design between projects and to improve the physical relationship and human scale
between new buildings and the Monon Greenway;
Protecting the ning -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 LC. 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).
Chapter 23H: Monon Greenway Overlay Zone
23H -1
Draft 09 -21 -2007
I
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 Diagram 1: Urba Na ur I Sectiops
the Monon Greenway from First Street NW to the
southern property line of properties fronting the,
south side of Carmel Drive. o
23H.01.02 Natural Section Boundary. Properties which abut R «K
the Monon Greenway from 146` Street to First O
Street NW and Carmel Drive to 96`h Street. CAME'
23H.02 Plan Commission Approval.
23H.02.01 The Plan Commission must approve, approve with
conditions, or disapprove the Development Plan
(DP) and Architectural Design, Exterior Lighting, URBAN
Landscaping and Signage (ADLS) for any tract of ECTIO;
land in the Urban Section of the Monon Greenway
Overlay Zone.
23H.02.02 Zoning Waiver. The Commission may. after a
public hearing, grant a Zoning Waiver of the
dimensional and quantitative standards of this G..
Chapter, by not greater than thirty -five percent
(35 Any approval to permit such a waiver shall NATURAL r
be subject to the following criteria: ECION
A. The proposal shall enhance the overall
Development Plan and the adjoining
streetscapes and neighborhoods.
463
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 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.
Chapter 23H: Monon Greenway Overlay Zone
23H -2
Draft 09 -21 -2007
CITY OF CARMELZONING ORDINANCE
231104 Prohibited Uses. See Appendix A Schedule of Uses.
231104.01 Prohibited Uses.
Mobile Home •urt Pena •r Correctional I titu n o -r ial ewa•e or ar•a•e
Disposal Plant. Water Manamement and Use Facility, Lumber/Building Materials Sales
enclos- Aut•mobil- -rvi -e Statio e t.uran with drive hru .le Automoe'le •.t
ales Auto Bile Truck e.air ins or omm rcial nn -1 1-anin• stablish -nt
(with on -site 'ant). Funeral Home/Mortuary /Crematory, Self service Laundry. Veterinary
H•s•ital wi h c•mmer ial enne Wh•le ale .les a•ium or C•lise m Taver i_ht Cl
C• -rcial Greenhouse eed S ore r.in E1-v_ o o.ting allerX, Sexual Oriented.
Businesses. All Industrial Uses in Appendix A
B. Sexually Oriented Businesses,
23H.05 Building Setbacks.
23H.05.01 Urban Cross Section.
A. Minimum Greenway Setbackli ild o 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 sde1.�! for parking. In addition, this area
must reflect an awareness of the Greenway and shall not adversely
impact the character of the Greenway.
.1',b SEE 23H.10.01
B. Side and Rear Setbacks. Fifteen (15) feet. There are no minimum side or rear setbacks;
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. However,
oar el in th- Ov-rl. w' frenta•e on a•ubli s -t t adher- to he Front
Yar• re.uir-me e .b 'she. b h•r ale lic Ile Overla Zone or their
underlyin z nin i tricts.
23H.05.02 Natural Cross Section.
A. Minimum Greenway,Setback: Principal Buildings shall be setback Tthirty (30) feet,
measured from he sre of Monon Greenway generally_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. aolygver,
parcels in the Overlay with frontage on a public street, must adhere to the Front
Chapter 23H: Monon Greenway Overlay Zone
23H -3
Draft 09 -21 -2007
CITY OF CARMEL ZONING ORDINANCE
Yard requirements established by other applicable Overlay Zones or their
underlying zoning districts.
23H.06 T ai4Gr- nwa Access Points.
NOTE: TRAIL SPECS HAVE BEEN REMOVED IN FAVOR OF PLACING THEM IN THE
THOROUGHFARE PLAN.
23H.06.01 Urban Cross Section. All Greenway Access Points. whether residential or commercial, shall
he designed and built in accordance with an approved Plan and to Parks Board Standards. All
access points shall be constructed of durable materials and shall be designed as to not impede
drainage ways. Connection intervals shall be determined by the Director. Where determined
appropriate. a non access agreement may be required to be recorded
1. Minimum sixtccn feet (16') continuous asphalt path throughway.
2. Dual ten feet (10') throughway on both sides for slower moving pedestrians.
C. Trail Connections: Shall be designed in accordance with an approved Development Plan,
Carmel Clay Parks, and the Alternative Transportation Coordinator.
Connection intervals shall be determined by the Director and in
coordination with a plan for primary pedestrian connection.
23H.06.02 Natural Cross Section.
A. Right of Way: Thirty three feet (33') half right of way.
crushed stone shoulders.
C. Trail Connections: All trail connections, whether residential or commercial, shall be
designed by tho Director of Carmel Clay Parks and /or the City of Carmel
Altcrnativc Transportation Coordinator. Permitted trail connections shall be
constructed of durable materials and shall be designed as to not impede
drainage waya.
23H.07 Building Orientation Footorin.
23H.07.01 Urban Cross Section.
A. Onentation. Every parcel with frontage on the Monon Greenway must have at least one
building elevation that which fronts on the Greenway.
B. Maximum Buildin. F.. •rin 1 000 s• uare f-
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 shall be parallel with the
Greenway.
23H.08 Building Height.
Chapter 23H: Monon Greenway Overlay Zone
23H -4
Draft 09 -21 -2007
CITY OF CARMEL ZONING ORDINANCE
23H.08.01 Urban Cross Section.
A. Minimum Height: Two (2) stories.
B. Maximum Height: Forty -two feet (42'). However, additional building height to
#haf which is pernutt tinder' r�tt1 zoning may be permitted- achieved
with &each twelve feet (12') facade step back from the Greenway. Each
gip` back shall beat least tw_e_nty 21* 'e e t h e
•e !t -i' el` •e• J •f 't•• •.ti• n
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 non-residential
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.
23H.10 Architectural Design. Buildings in the Urban Cross Section with frontage on the Greenway must include
the following characteristics:
23H.10.01 Large blank facade in a ..e fi
s ar- allowed.
(5O' or greater .in t i i e e 'hole re
eight fe't ('a deers and a interval cif not greater than thirty fe
All elevations shall exhibit variety through inclusion of architectural elements such as
windows and surrounds. storefronts. doors. sneci l brick coursin ilas ers lintels can ies
and covered walkways or recesses.
t e" s all b e arrana-d in b.lanced relativel uniform fa hion. Faux
window so- nin. s and •eci.1 m. onr c•ursin. ma b- us-d in service areas es• -ciall_ areas wher- roo o• sk li.htina i d- i.ned.
23H.10.02 Ground and up>♦er floors with trans are t class: round floor elevations must inco orate the
.n ent •la si.n• ant erne ent.
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 storefronts shall be-have one elevation 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.
Chapter 23H: Monon Greenway Overlay Zone
23H -5
Draft 09 -21 -2007
CITY OF CARMEL ZONING ORDINANCE
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 r it at
the ground level. Because As the buildings may will be viewed very close up, igs
should -it is important to exhibit articulated detail and ornament that is scaled to the pedestrian.
23H.10.09 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides
overall building design and approved by thc Commission.Modulation of the roof and /or roof
line will be required in order to eliminated 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 -five (25) feet. whichever is greater.
23H.11 Landscaping and Tree Preservation.
23H.11.01 Urban Cross Section.
A. Tree Preservation Requirements: Preservation requirements shall be evaluated and
determined upon application for and finalized prior to Lommission approval 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 be removed until Commission approval.
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. is
accompanied by the re design and/or re construction of the Greenway, shade
trees shall be planted in the Grcenway Right of Way, per thc standard3 of the
City and Carmel Clay Parks. Maximum spacing between trees shall be fifty feet
(59') -and a minimum of thirty fcct (30').
2. The Greenwav setback shall he land 'caged with a combination of stade trees,
low shrubs, planting beds and grass or ground cover, with exceptions for
appropriate pedestrian access to building entrances.
Alternative! the front and setback ma he covered with decorative hard
surfaces :no /o av r o allow seatin areas or outdoor table h eas hall
be surrounded by low shrubs or planting beds.
B. Preservation Requirements: PFescrvation requirements shall be evaluated and
and thereafter in accordance with tho Monon Greenway covenants. The
1 1
Howcver, existing vegetation within thc Grcenway Easement or Right of
Chapter 23H: Monon Greenway Overlay Zone
23H -6
Draft 09 -21 -2007
CITY OF CARMEL ZONING ORDINANCE
23H.11.02 Natural Cro:f, Section.
A. Planting Requirements: Plantings shall be provided mat a rate equivalent to a Bufferyard
D, as prescribed in Chapter 26.04: Perimeter Buffering Requirements.
B. q 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. 1 1.03 General Landscapine 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 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 be provided along the-all sides and r ur of a14
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 (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.
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 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.
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.
Chapter 23H: Monon Greenway Overlay Zone
23H -7
Draft 09 -21 -2007
CITY OF CARMEL ZONING ORDINANCE
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:
23H.13.01 Prohibited signs:
A. Ground Signs which orient themselves to the Monon Greenway.
B. All other signs specified in Scction 25.07.01 4: Prohibited Signs.
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 Gix foot (6')20 feet 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 Monon Greenway property line. Prior to commencing and
1Throughout 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 throughout the duration of
construction.
Chapter 23H: Monon Greenway Overlay Zone
23H -8
Draft 09 -21 -2007
CITY OF CARMEL ZONING ORDINANCE
23H.15.02 Monon Documents. Upon an lication for Commi ion as 'royal as licant must ,rovide a
cos of the deed which the title and an associated easements were conve ed.
23H.15.03 All other requirements not mentioned in this Section shall remain as stated for that primary
zoning classification district mapped.
II I
Chapter 23H: Monon Greenway Overlay Zone
23H-9
Draft 09 -21 -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 -10
Draft 09 -21 -2007
4
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 2311: MONON GREENWAY OVERLAY ZONE
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, Horne Place OL, US 31 OL
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, includingits 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 proposes of this Zone, the
Monon Greenway shall he 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 along Monon
Greenway;
Providing controls for architecture and landscape design that establish continuity of
design between projects and to improve the physical relationship and human scale
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).
Chapter 23H: Monon Greenway Overlay Zone
23H- l
Draft 09 -21 -2007
3 V
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 Diagram 1: Urba NaI Sections
the Monon Greenway from First Street NW to the
146,
southern property line of properties fronting the
south side of Carmel Drive.
23H.01.02 Natural Section Boundary. Properties which abut 11R =•z
the Monon Greenway from 146` Street to First z mt
Street NW and Carmel Drive to 96 Street. 1
23H.02 Plan Commission Approval.
23H.02.01 The Plan Commission must approve, approve with a x
conditions, or disapprove the Development Plan
(DP) and Architectural Design, Exterior Lighting, k, UR BAN
Landscaping and Signage (ADLS) for any tract of azECTIO
land in the Urban Section of the Monon Greenway N
Overlay Zone.
23H.02.02 Zoning Waiver. The Commission may, after a 1"
public hearing, grant a Zoning Waiver of the
dimensional and quantitative standards of this
Chapter, by not greater than thirty -five percent v
(35%). Any approval to permit such a waiver shall NATURAL
be subject to the following criteria: SECTION
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 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.
Chapter 23H: Monon Greenway Overlay Zone
23H -2
Draft 09 -21 -2007
b
CITY OF CARMEL ZONING ORDINANCE
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), Commercial Kennel, Dry Cleaning Establishment
(with on -site plant), Funeral Home/Mortuary /Crematory, SeIf service Laundry, Veterinary
Hospital with commercial kennel, Wholesale Sales, Stadium or Coliseum, Tavern /Night Club,
Commercial Greenhouse, Feed Store, Grain Elevator, Shooting Gallery. Sexually Oriented
Businesses, All Industrial Uses in Appendix A
23H.05 Building Setbacks.
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. Fifteen (15) feet.
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: Principal Buildings shall be setback thirty (30) feet,
measured from the edge of Monon Greenway, generally 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. 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.06 Greenway Access Points.
23H.06.01 All Greenway Access Points, whether residential or commercial, shall be designed and built in
accordance with an approved Plan and to Parks Board Standards. All access points shall be
constructed of durable materials and shall be designed as to not impede drainage ways.
Connection intervals shall be determined by the Director. Where determined appropriate, a
non- access agreement may be required to be recorded.
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2311.07 Building Orientation Footprint.
2311.07.01 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 shall be parallel with the
Greenway.
23H.08 Building Height.
23H.08.01 Urban Section.
A. Minimum Height: Two (2) stories.
B. Maximum Height: Forty -two feet (42'). However, additional building height up to
that which is permitted by underlying zoning may be achieved with a facade
step back from the Greenway. Each facade step back shall be at least twenty
feet (20') in depth and shall be constructed as usable outdoor space, such as
a rooftop patio or garden.
23H.08.02 Natural Section.
A. Minimum Height: None.
B. Maximum Height: As permitted in the primary underlying zoning district or applicable
Overlay Zone.
2311.09 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 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.
23H.10 Architectural Design. Buildings in the Urban Section with frontage on the Greenway must include the
following characteristics:
2311.10.01 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') deep, and at intervals of not greater than thirty feet (30').
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.
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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 with transparent glass; ground floor elevations 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 When applicable, retail storefronts shall have one elevation 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 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.
23H.10.09 Modulation of the roof and /or roof line will be required in order to eliminated 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 -five (25)
feet, whichever is greater.
23H. 1 1 Landscaping and Tree Preservation.
23H.1 1.01 Urban Section.
A. Tree Preservation Requirements: Preservation requirements shall be evaluated and
determined upon application for and finalized prior to Commission approval 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 be removed until Commission approval.
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 stade trees,
low shrubs, planting beds and grass or ground cover, with exceptions for
appropriate pedestrian access to building entrances.
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CITY OF CARMEL ZONING ORDINANCE
3. Alternatively, the front yard 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.
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.
Any preservation plan brought forth under this Chapter shall also be approved by the
Director of Carmel Clay Parks.
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 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 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.
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 (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.
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.
I. 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.
23H.12 Lighting.
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CITY OF CARMEL ZONING ORDINANCE
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 he 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:
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 Parkin
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 20 feet 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 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 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.
Chapter 23H: Monon Greenway Overlay Zone
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CITY OF CARMEL ZONING ORDINANCE
23H.15.03 All other requirements not mentioned in this Section shall remain as stated for that primary
zoning classification district mapped.
Chapter 23H: Monon Greenway Overlay Zone
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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
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