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HomeMy WebLinkAboutCorrespondence Page 1 of 1 Conn, Angelina V From: Keeling, Adrienne M Sent: Thursday, March 06, 2008 12:11 PM To: Conn, Angelina V; Donahue -Wold, Alexia K; Hollibaugh, Mike P; Hancock, Ramona B Subject: FW: Monon Overlay Attachments: 2008 -0218; Z- 515 -07; Monon Greenway Overlay, As Amended, Version A.pdf Plan Commission Members: At your last regular meeting we reported that the Council approved an amended "Version A" of the Monon Overlay (see attached). This will be on your agendas March 18 as an Old Business item. As is the case with any Council- Amended Ordinance, the Plan Commission has 45 days (until April 3) to approve or disapprove the amendment. In summary, the Council's amendments achieve the following: 1. Exempts C -1 C -2 Districts from the Development Standards. 2. Eliminates the 30' Minimum Building Separation from Urban Section. 3. Adds provision for additions to existing buildings to be within 30' (rather than 60') of the Trail Right -of -Way in the Natural Section. 4. Increases Maximum Building Height to 60' (or underlying zoning) in the Urban Section. 5. Clarifies that parking structures adjacent to the Monon should be wrapped with a non parking use on all floors, not just the ground floor. -7" A ct 0A--e/d-s (OLli10/S a C- z ai/Liv MOuly Ltd, hi 3/10/2008 r i 1 Sponsor: Councilor Carter 2 3 ORDINNANCE 2-515 17 4 AS AMENDEp" ;A` 5 AN ORDINANCE OF THE COMMON COUNCIL OF THE 6 CITY OF CARMEL, INDIANA 7 8 An Ordinance adopting Chapter 23H: Monon Greenway Overlay Zone. 9 10 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in 11 IC 36 -7 -4), each unit of local government that wishes to adopt land use and zoning ordinances 12 must first approve by resolution a comprehensive plan for the geographic area over which it has 13 jurisdiction; and 14 WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan Docket 15 No. 16 -96 CP was given a favorable recommendation by the Carmel /Clay Advisory Plan 16 Commission on August 20, 1996, and duly approved by Resolution No. CC- 09- 03 -96 -03 of the 17 Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of 18 the City of Carmel and Clay Township; and 19 WHEREAS, the Common Council finds that it is reasonable and necessary to promote 20 and accommodate the orderly growth and development of the City of Carmel and Clay Township 21 by adopting an ordinance which provides consistent urban and natural design treatments for 22 private properties along the Monon Greenway; and 23 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to 24 amend the text of the zoning ordinance; and 25 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 26 1600 -02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference 27 into the Carmel City Code; 28 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 29 Carmel, Indiana, that, pursuant to IC 36 -7 -4 -600 et seq. and after Docket No. 07050023 OA 30 having received a favorable recommendation from the Carmel Advisory Plan Commission on 31 Tuesday, November 20, 2007, it hereby adopts this Ordinance to amend the Carmel Zoning 32 Ordinance (Ordinance No. Z -289, as amended), as amended, to read as follows: 33 Section I: 34 a. Adopt Chapter 23H.• Monon Greenway Overlay Zone to read as follows: 35 36 23H.00 Monon Greenway Overlay Zone. 37 38 23H.00.01 Purpose, Intent and Authority. The purpose of this overlay zone is to protect and enhance 39 the health, safety and welfare of the citizens and property owners of Carmel and Clay 40 Township by protecting the physical integrity of the Monon Greenway, including its ballast 41 foundation and drainage ways, and by complying with the Monon Greenway easement 42 covenants as they pertain to the natural character and existing vegetation of the trail and its 43 protection. For purposes of this Zone, the Monon Greenway shall be defined as any property 44 conveyed to the City of Carmel, by title or easement, for purposes of establishment of the 45 Monon Trail. 46 VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 1 1 2 It is the City's intent to achieve the purpose of this zone by: 3 Providing a consistent design treatment for private and public properties along Monon 4 Greenway; 5 Providing controls for architecture and landscape design that establish continuity of 6 design between projects and to improve the physical relationship and human scale 7 between new buildings and the Monon Greenway; 8 Protecting the Monon Greenway character; 9 Protecting the physical integrity of the Monon Greenway. 10 11 This district is superimposed over the other primary zoning districts and its regulations shall 12 supersede those of the primary zoning districts over which it is superimposed. In establishing 13 this zone, the Plan Commission and Council relies on I.C. 36 -7 -4 -1400 et seq. 14 23H.00.99 Application Procedure. 15 A. Development Plan. See Section 24.99(A). Development Plan. 16 B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 17 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 18 19 20 23H.01 District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby 21 established as approved on the Zoning Map. Diagram 1 illustrates, generally, the boundaries of the Urban 23 and Natural Sections. 25 23H.01.01 Urban Section Boundary. Properties which Diagrarn 1: Urban 8�_Na 3i I Sections 27 abut the Monon Greenway from First Street NW to r js r 6`hit 29 the southern property line of properties fronting Y 31 the south side of Carmel Drive. w In N A RL 33 23H.01.02 Natural Section Boundary. Properties which g� T1i 35 abut the Monon Greenway from 146 Street to t 37 First Street NW and Carmel Drive to 96 Street. 9 M L CARME 39 23H.01.03 Parcels in the C -1 /City Center and C -2 /01(1 o 41 Town Districts shall be exempt from the j 41117._,. 43 requirements of the Zone. f i dr„ t- ECTIO r T 47 23H.02 Plan Commission Approval. 4 5 SECTIO i 49 23H.02.01 The Plan Commission, or its Ilearinz Officer +l k4 -1 s. 3 51 in C 1 or C Districts, must approve, approve f 53 with conditions, or disapprove the Development 31 c 55 Plan (DP) and Architectural Design, Exterior 1 t 57 L ighting, Landscaping and Signage (ADLS) for t 59 any tract of land in the Urban Section of the SC K 61 Monon Greenway Overlay Zone. DP and ADLS 63 review is required in the Natural Section, pursuant 65 to the requirements of the underlying primary g 1- r 67 zoning district. --t i,t rr 44 ATJRAL 69 23H.02.02 Zoning Waiver. The Commission may, after a E i t iSEC"CION 71 public hearing, grant a Zoning Waiver of the _ti 1 i t i 73 dimensional and quantitative standards of this v in I 75 Chapter, by not greater than thirty -five percent 1 77 (35 Any approval to permit such a waiver shall z 44j 79 be subject to the following criteria: VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 2 1 A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes 2 and neighborhoods. 3 B. The proposal shall not produce a Site Plan or street /circulation system that would be 4 impractical or detract from the appearance of the Development Plan or the District, and 5 shall not adversely affect emergency vehicle access. 6 C. The proposal shall exhibit extraordinary site design characteristics, including, but not 7 limited to: Increased landscape treatment, tree preservation, provisions for bicycle and 8 pedestrian traffic. 9 In granting a waiver, the Commission may impose such conditions that will, in its judgment, 10 secure the purposes of this Chapter. This Section does not affect the right of the applicant 11 under Indiana law to petition the Board of Zoning Appeals for a variance from development 12 standards provided under IC 36 -7 -4 -918.5 and this Zoning Ordinance. 13 14 15 23H.03 Permitted Uses. See Appendix A Schedule of Uses. 16 23H.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those 17 uses expressly prohibited by Section 23H.04, are permitted in the Zone. 18 23H.03.02 Residential uses are permitted in the Zone, regardless of the underlying primary zoning 19 district. 20 21 22 23H.04 Prohibited Uses. See Appendix A Schedule of Uses. 23 23H.04.01 Prohibited Uses. 24 Mobile Home Court, Penal or Correctional Institution, Commercial Sewage or Garbage 25 Disposal Plant, Water Management and Use Facility, Lumber/Building Materials Sales 26 (enclosed), Automobile Service Station, Restaurant (with drive -thru sales), Automobile /Boat 27 Sales, Automobile/ Truck Repair (indoor), Car Wash, Commercial Kennel, Dry Cleaning 28 Establishment (with on -site plant), Funeral Home/Mortuary/Crematory, Self service Laundry, 29 Veterinary Hospital with commercial kennel, Wholesale Sales, Stadium or Coliseum, Feed 30 Store, Grain Elevator, Shooting Gallery, Sexually Oriented Businesses, All Industrial Uses in 31 Appendix A (Type of Uses). 32 33 34 23H.05 Building Setbacks. 35 23H.05.01 Urban Section. 36 A. Minimum Greenway Setback. 37 1. Minimum: Twelve feet (12'), measured, from the actual right -of -way, or a 38 thirty-three feet (33') half right -of -way, whichever is greater. See 39 corresponding Building Heights, as prescribed by Section 23H.08.01. 40 2. Maximum: There is no maximum setback; however, the area adjacent to 41 the Greenway may not be used solely for parking. In addition, this area 42 must reflect an awareness of the Greenway and shall not adversely 43 impact the character of the Greenway. 44 B. Side and Rear Setbacks. Fifteen (15) feet. 45 C. Minimum Building Separation: Thirty (30) feet between principal building. 46 DC. Conflicting Requirements. Wherever there exists a conflict between the building setback 47 requirements of the Old Town District Overlay Zone and the Monon Greenway 48 Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, 49 parcels in the Overlay with frontage on a public street, must adhere to the Front VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 3 1 Yard requirements established by other applicable Overlay Zones or their 2 underlying zoning districts. 3 4 23H.05.02 Natural Section. 5 A. Minimum Greenway Setback. Setbacks shall be measured from the edge of Monon 6 Greenway, generally a presumed thirty-three feet (33') half right -of -way. 7 1. New Principal Buildings: Sixty (60) feet. 8 2. Additions to Existin_ Princi al Buildin Thirt 30 fcct. 9 3. Accessory Buildings: Thirty (30) feet. 10 B. Side and Rear Setbacks. Requirements per underlying primary zoning district. 11 C. Conflicting Requirements. Wherever there exists a conflict between the building setback 12 requirements of the Old Town District Overlay Zone and the Monon Greenway 13 Overlay Zone, the Monon Greenway Overlay Zone shall govern. However, 14 parcels in the Overlay with frontage on a public street, must adhere to the Front 15 Yard requirements established by other applicable Overlay Zones or their 16 underlying zoning districts. 17 18 19 23H.06 Greenway Access Points. 20 2311.06.01 Greenway Access Points, for new residential or commercial construction, shall be 21 designed and built in accordance with an approved Plan and to Parks Board Standards. 22 Access Points from existing buildings must receive the approval of the Director of Carmel 23 Clay Parks. Connection intervals shall be approved by the Director of Carmel Clay Parks. All 24 access points shall be constructed of durable materials and shall be designed as to not impede 25 drainage ways. Where determined appropriate, a non access agreement may be required to be 26 recorded. 27 28 29 23H.07 Building Orientation Footprint. 30 2311.07.01 Urban Section. 31 A. Orientation. Every parcel with frontage on the Monon Greenway must have at least one 32 building elevation that fronts on the Greenway. 33 B. Maximum Building Footprint: 15,000 square feet. 34 C. Maximum Facade Length: 150 feet. 35 23H.07.02 Natural Section. 36 A. Maximum Building Footprint: 15,000 square feet. 37 B. Maximum Facade Length: No facade greater than 80 feet in length shall be parallel with 38 the Greenway. Longer facades must be oriented at an angle greater than or 39 equal to 60 degrees from the property line abutting the Greenway. 40 41 42 23H.08 Building Height. 43 23H.08.01 Urban Section. 44 A. Minimum Height: None. 45 B. Maximum Height: Sixty feet (60'l. or as permitted in the primary underlying 46 zoning district. 6 1 VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 4 1 2 Greenway -shall be limited to two stories. 3 4 4 5 6 from the Grccnway. 7 3. Building facades with a di tancc greater than fifty s vcn feet (57') from the 8 Greenway may have a height which is permitted by the primary underlying 9 10 may be achieved by setting the building back, or by designing one or more 11 facade step backs from the Grccnway. 12 41. When used, facade step backs shall be at least twenty feet (20') in depth and 13 shall be constructed as usable outdoor space, such as a rooftop patio or 14 garden. 15 23H.08.02 Natural Section. 16 A. Minimum Height: None. 17 B. Maximum Height: As permitted in the primary underlying zoning district or 18 applicable Overlay Zone. 19 20 21 23H.09 Building Requirements. 22 23H.09.01 New principal buildings with a gross floor area containing more than 15,000 non 23 residential square feet shall contain a shower, changing and locker facility accessible for 24 employee use. 25 23H.09.02 New principal buildings with a gross floor area containing more than 15,000 square feet 26 shall provide covered, long term bicycle parking at a rate of one space per 5,000 square feet. 27 Long term bicycle parking may include an indoor storage area and/or exterior bicycle lockers, 28 as approved as part of an ADLS plan. 29 30 31 23H.10 Architectural Design. Buildings in the Urban Section with frontage on the Greenway must include the 32 following characteristics: 33 23H.10.01 Large blank facades are not allowed. Buildings with continuous facades that are fifty feet 34 (50') or greater in width, shall be designed with offsets (projecting or recessed) not less than 35 eight feet (8') in depth and continuous for not less than twenty-five feet (25') along the length 36 of the facade. 37 All elevations shall exhibit variety through inclusion of architectural elements such as 38 windows and surrounds, storefronts, doors, special brick coursing, pilasters, lintels, canopies 39 and covered walkways or recesses. Facades shall also exhibit variable roof heights, a 40 diversity of building materials and varied building mass within a given structure. 41 Architectural elements shall be arranged in a balanced, relatively uniform fashion. Faux 42 window openings and special masonry coursing may be used in service areas, especially areas 43 where rooftop skylighting is designed. 44 23H.10.02 Ground and upper floors shall utilize transparent glass; the ground floor elevations of 45 non- residential uses must incorporate the transparent glass as a significant component. 46 23H.10.03 The first floor and all other floors will have a coordinated composition, which will 47 usually be indicated by the alignment of upper floor windows and other features with 48 openings and features of the first floor. VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 5 1 23H.10.04 Retail storefronts shall have a primary entrance oriented along the Greenway on the first 2 floor of the building, other entrances such as pedestrian entrances to parking areas shall be 3 permitted on non Greenway facades. 4 23H.10.05 Every facade of a building abutting the Greenway must have openings for windows. 5 2311.10.06 Large expanses of glass are allowed, but no facade may be constructed entirely of a metal 6 and glass curtain wall. 7 23H.10.07 Fixed or retractable awnings are encouraged if they complement a building's architectural 8 style, material, colors, and details; do not conceal architectural features (such as cornices, 9 columns, pilasters, or decorative details); do not impair facade composition; and are designed 10 as an integral part of the facade. Awnings may not be internally illuminated. 11 23H.10.08 Pedestrian scale detailing is required at the ground level. As the buildings will be viewed 12 very close up, it is important to exhibit articulated detail and ornament that is scaled to the 13 pedestrian. Examples include, but are not limited to cornices, columns, pilasters, lighting, 14 decorative moldings, sills and quoins, as well as canopies, awnings covered walkways and 15 other similar sheltering features. 16 23H.10.09 Modulation of the roof and/or roof line will be required in order to eliminate box shaped 17 buildings. Parapets must be fully integrated into the architectural design of the building and 18 provide seamless design transitions, including exterior materials between the main building 19 mass, mechanical penthouses and other roof structures. Should they be used, partial parapets 20 shall have a return that extends inward to at least the first structural bay, or twenty (20) feet, 21 whichever is greater. Parapet heights shall vary by no less than 3 feet, including between 22 neighboring structures on the same or adjacent parcel. 23 23H.10.10 Architectural styles, primary materials, building setbacks, separations, heights and mass 24 shall vary among neighboring buildings along the Greenway. 25 26 27 23H.11 Landscaping and Tree Preservation. 28 23H.11.01 Urban Section. 29 A. Tree Preservation Requirements: It is the goal of the Monon Greenway Overlay to 30 preserve existing vegetation within the Greenway Easement of Right -of -Way 31 according to the Monon Greenway covenants. Alterations to the existing 32 vegetation in the Monon Greenway may be sought through a DP /ADLS 33 proposal. Such alterations require the approval of the Director of Carmel Clay 34 Parks. Otherwise no changes to the Greenway vegetation may be made. Any 35 proposed preservation or alteration outside of the Greenway shall be reviewed 36 by the Urban Forester and Plan Commission and must be in accordance with 37 Section 23H.11.03. When deemed appropriate, and upon the approval of the 38 Urban Forester, mitigation may occur within the Monon Greenway. 39 B. Planting Requirements: 40 1. When a Development Plan or other Commission approval includes or requires 41 reconstruction of the Greenway, the landscape plan shall comply with the 42 Monon Greenway Cross Section requirements and must meet the approval of the 43 Director of Carmel Clay Parks and the City of Carmel Urban Forester. 44 2. The Greenway Setback shall be landscaped with a combination of shade trees, 45 low shrubs, planting beds and grass or ground cover, with exceptions for 46 appropriate pedestrian access to building entrances. 47 3. Alternatively, the Greenway Setback may be covered with decorative hard 48 surfaces arid/or pavers to allow seating areas or outdoor tables, such areas shall 49 be surrounded by low shrubs or planting beds. VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 6 1 4. Remaining facades shall have foundation plantings in beds no less than five (5) 2 feet in width, with exceptions for appropriate pedestrian access to building 3 entrances. Initially, plantings shall cover at least 50% of the base of the building 4 (horizontally) and be at mature height and coverage within three (3) years. 5 23H.11.02 Natural Section. 6 A. Planting Requirements: Plantings shall be provided at a rate equivalent to a Bufferyard 7 D, as prescribed in Chapter 26.04: Perimeter Buffering Requirements. 8 B. Tree Preservation Requirements: Existing vegetation within the Greenway Easement 9 or Right -of -Way shall be preserved in accordance with the Monon Greenway 10 covenants. Proposed preservation plans or alterations to the existing vegetation in 11 the Greenway require the approval of the Director of Carmel Clay Parks. Otherwise 12 no changes to the Greenway vegetation may be made. Any proposed preservation 13 or alteration outside of the Greenway shall be reviewed by the Urban Forester and 14 must be in accordance with 23H.11.03. 15 23H.11.03 General Landscaping Requirements. 16 A. Sites with existing trees or stands of trees shall protect and incorporate them into the 17 overall site design. The landscape plan must preserve not less than 75% of all trees that 18 are 6" DBH or larger and located within the required yard/setback areas. 19 B. A five -foot (5') wide planting strip shall be provided along all sides of parking areas. 20 The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 21 linear feet. In areas where the planting strip is isolated from other lawn or green areas by 22 sidewalks, drives or other impervious surfaces, then the Plan Commission may require 23 structural soil technologies be applied to sustain the life of plantings. 24 C. Parking areas shall be located at the rear or side of buildings, and screened from the 25 Greenway by low walls, low fences, or hedges, or a combination thereof. Plant materials 26 shall be at least four feet (4') in height within three (3) years. 27 D. Shade trees shall be planted within parking areas greater than 10,000 square feet. There 28 shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 29 E. The design of fencing, sound walls, trash enclosures and similar site elements shall 30 replicate the architecture of the Principal building(s) in construction material and 31 detailing. No openings or access gates for trash enclosures shall face the Monon 32 Greenway. 33 F. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a 34 Certificate of Occupancy by the Depai tment. If it is not possible to install the approved 35 landscaping because of weather conditions, the property owner shall post a bond prior to 36 the issuance of the Final Certificate of Occupancy for the amount equal to the total 37 installed cost of the remaining, uninstalled landscape material. 38 G. It shall be the responsibility of the owners and their agents to insure proper maintenance 39 of all trees, shrubs and other landscaping approved as part of the ADLS Plans in 40 accordance with the standards set by this Ordinance. This is to include, but is not limited 41 to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and 42 mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation 43 and weeds. 44 H. All landscaping is subject to approval by the Commission. No landscaping which has 45 been approved by the Plan Commission may later be substantially altered, eliminated or 46 sacrificed without first obtaining further Commission approval. However, minor material 47 alterations in landscaping may be approved by the Director or his designee in order to 48 conform to specific site conditions. VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 7 1 I. Ground level mechanical/ telecommunication equipment shall be fully screened so that it 2 is not visible from the Greenway and any adjoining residential zones or uses using walls, 3 fencing, landscaping, or other method approved by the Commission. 4 5 6 23H.12 Lighting. 7 23H.12.01 Exterior lighting of the building(s) or site shall be designed so that light is not directed off 8 the site and the light source is shielded from direct offsite viewing. 9 23H.12.02 Exterior lighting shall be architecturally integrated with the building style, material and 10 color. Rooftop lighting shall be prohibited. 11 2314.12.03 All exterior architectural, display, decorative and sign lighting shall be generated from 12 concealed, low level fixtures. 13 23H.12.04 The maximum height of light standards in parking areas shall not exceed the building 14 height, or twenty -five (25) feet, which ever is less. When light standards abut or fall within 15 ninety (90) feet of single family residential properties, their height shall not exceed fifteen 16 (15) feet. 17 18 19 23H.13 Signage. All signs shall be in accordance with Chapter 25.07: Sign Ordinance and other applicable 20 District Overlay Requirements. In addition, the following standards shall apply to signs facing the Monon 21 Greenway: 22 2311.13.02 Wall Signs are allowed in the Urban Section provided that they fit within the horizontal 23 and vertical elements of the building and do not obscure details of the building. No sign shall 24 be allowed to extend above the cornice line of a building. Wall Signs shall be no larger than 25 ten (10) square feet and shall be in accordance with an approved ADLS. 26 23H.13.03 Projecting Signs no larger than six (6) square feet are allowed for new or existing 27 buildings in the Urban Section which comply with setback, orientation and height 28 requirements, as specified in Sections 23H.05, 23H.07 and 23H.08 of this Chapter. 29 30 31 23H.14 Parking. 32 23H.14.01 Parking shall be provided per Chapter 27: Additional Parking Loading Regulations, 33 unless otherwise stated for parcels in the Old Town District Overlay Zone. 34 23H.14.02 Bicycle parking shall be provided in accordance with Section 27.06: Bicycle Parking; 35 however, the required number of bicycle parking spaces in the Overlay Zone shall be double. 36 The number of spaces may include the long -term bicycle parking required in Section 37 2311.09.02. Upon approval by the Alternative Transportation Coordinator, bicycle parking 38 may be located in the Monon Greenway Easement (Urban Section only).. 39 231-1.14.03 Parking areas shall be set back not less than 20 feet behind the Front Line of Building, 40 and shall include landscaping as required in Section 23H.11.03. Open spaces created by this 41 setback shall become pocket parks, landscaped gathering spaces or space for other greenway- 42 related amenities. 43 2311.14.04 Parking structures are permitted adjacent to the Monon Greenway; provided that t e 44 Udall levels of the facade facing the Greenway is-arc a non parking use, or a below -gradc 45 parking structure acts as a building foundation completely screened from the view of the 46 Greenway. Uses may be residential or non residential in nature, and shall comply with 47 Sections 23H.03 and 23H.04 of this Chapter. 48 49 50 2314.15 Other Requirements. VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 8 1 23H.15.01 Boundary Markers. Upon application for Commission approval a staked survey must be 2 completed to determine the Monon Greenway property line. Prior to commencing and 3 throughout the duration of construction, boundary markers shall be placed at the edge of the 4 Monon Greenway Right -of Way. Monuments shall be at least twenty-four inches (24 in 5 height and placed at the property corners abutting the Greenway. In addition, a temporary 6 construction fence shall be placed along the Greenway boundary prior to site work 7 commencing and throughout the duration of construction. 8 23H.15.02 Monon Documents. Upon application for Commission approval applicant must provide a 9 copy of the deed by which the title and any associated easements were conveyed. 10 23H.15.03 All other requirements not mentioned in this Section shall remain as stated for that 11 primary zoning classification district mapped. 12 13 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this 14 Ordinance are hereby repealed. 15 16 17 Section III: This Ordinance shall be in full force and effect from and after its passage and 18 signing by the Mayor. VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 9 1 PASSED by the Common Council of the City of Carmel, Indiana this day of 2 2008, by a vote of ayes and nays. 3 4 5 COMMON COUNCIL FOR THE CITY OF CARMEL 6 7 8 9 Presiding Officer Joseph C. Griffiths 10 11 12 Richard L. Sharp, President Pro Tempore Kevin D. Rider 13 14 15 John V. Accetturo W. Eric Seidensticker 16 17 18 Ronald E. Carter Luci Snyder 19 20 ATTEST: 21 22 23 24 Diana L. Cordray, IAMC, Clerk- Treasurer 25 26 Presented by me to the Mayor of the City of Carmel, Indiana this day of 27 2008, at _.M. 28 29 30 31 Diana L. Cordray, IAMC, Clerk- Treasurer 32 33 34 Approved by me, Mayor of the City of Carmel, Indiana, this day of 35 2008, at .M. 36 37 38 39 James Brainard, Mayor 40 41 ATTEST: 42 43 44 45 Diana L. Cordray, IAMC, Clerk Treasurer 46 47 Prepared by: John R. Molitor, Carmel Plan Commission Attorney VERSION A 02/18/2008 Ordinance Z- 515 -07, As Amended 10 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, 1 -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 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: 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.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 souther 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 N and Carmel Drive to 96 Street. 23H.02. Application and Approval Procedure. 23H.02.01 Approval of Development Plan in the Urban Section Boundary. A. Following approval by the Carmel Redevelopment Commission, the City of Carmel shall submit for approval a Development Plan (DP) that includes the following development requirements for that prope in the Urban Section Boundary: Architectural Design, Exterior Lighting, Landscaping and Signage (ADL B. The Director, as the staff of the Carmel/Clay Plan Commission, shall review a DP application to determine if the DP satisfies the development requirements of the Zone. C. The Director must approve, approve with conditions, or disapprove the Development Plan (DP) for a tract of land in the in the Urban Section Boundary of the Zone. Version A (Pedcor suggested revisions) 1 -09 -08 CITY OF CARMEL ZONING ORDINANCE D. The Director shall hold a public hearing before deciding whether to approve or disapprove a D However, no DP is required for additions to existing structures which: a. Are attached to the exil. Are attached to the existing structure; 2. Continue the architectural design of the existing structure, including exterior color and materials doors and windows, other detailing; 3. Meet with requirements of the Urban Section Boundary in the Zone; 4. Do not exceed twenty percent (20 of the original Gross Floor Area of the existing structi applicable from the date of this Section; and 5. Have received a prior ADLS approval from the Commission. E. Pursuant to IC 36 -7 -4 -1400 et seq., the Director (as the staff of the Plan Commission) is hereby authori: to conduct a public hearing to determine whether the Development Plan complies in all respects with Zoning Ordinance in the Urban Section Boundary in the Zone and any commitments made by the own( of the real property under IC 36 -7 -4 -613. The Director shall then make written findings concerning his or her decision to approve or disapprove the Development Plan, and the Director is hereby designated as the official who is responsible for signing the written findings. F. The approval or disapproval of a Development Plan by the Director under this Section 23H.01.01 is a final decision of the Commission that may be reviewed only as provided in IC 36 -7 -4 -1016. After inith approval of the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) under this Section 23H.01.01, the ADLS shall not be materially or substantially changed or altered without t prior approval of the Commission under its rules of procedure. 23H.02.02 Approval in the Natural Section Boundary. 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). C. DP and ADLS review is required in the Natural Section, pursuant to the requirements of th( underlying primary zoning district. 23H.02.03 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 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 streetscape 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. 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. Version A (Pedcor suggested revisions) 1 -09 -08 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 histitution, 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, Sexually Oriented Businesses, All Industrial Uses in Appendix A (Type of Uses). 23H.05 Building Setbacks. 23H.05.01 Urban Section. A. Minimum Greenway Setback. 1. Minimum: Forty Five feet (45'), measured from the actual center line of the right -of- way. 2. Maximum: There is no maximum setback. B. 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. 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, 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 within the Natural Section Boundary. 23H.06.01 Greenway Access Points within the Natural Section Boundary, 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 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. 3H.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. Version A (Pedcor suggested revisions) 1 -09 -08 A CITY OF CARMEL ZONING ORDINANCE 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 Building Height. 23H.08.01 Urban Section. A. Minimum Height: None. B. Maximum Height: As permitted in the primary underlying zoning district or 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 locker facility accessible 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: 23H.10.01 Buildings shall be designed and constructed in accordance with the adopted architectural style and materials palette established for the Zone by the City of Carmel Redevelopment Commission. 23H.11 Landscaping and Tree Preservation. 23H.11.01 Urban Section. A. Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department Administrator. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the Final Certificate of Occupancy. B. Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, 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, and keeping the area free of refuse and debris. 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 Version A (Pedcor suggested revisions) 1 -09 -08 CITY OF CARMEL ZONING ORDINANCE covenants. Proposed preservation plans or alterations to the existing vegetation in the Greenway require the approval of the Director of Carmel 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 must be in accordance with 23H.11.03. 23H.11.03 General Landscaping Requirements within the Natural Boundary Section. 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. 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 Plan Commission 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 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. 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. 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 Version A (Pedcor suggested revisions) 1 -09 -08 CITY OF CARMEL ZONING ORDINANCE 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. 23H.13.01 All permanent signs in the Urban Section Boundary of the Zone shall be designed and constructed in accordance with the adopted architectural style and materials palette established for the Urban Section Boundary by the City of Carmel 23H.13.02 Except as noted below, the placement and number of permanent signs shall be in accordance with the project standards established by the City of Carmel Redevelopment Commission. 23H.13.03 All Signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. 23H.13.04 No sign shall extend above the cornice line of the building. 23H.14 Parking.. 23H.14.01 [NEED TO DISCUSS FURTHER]. 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 [NEED TO DISCUSS FURTHER] 23H.14.04 [NEED TO DISCUSS FURTHER] 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 All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. Version A (Pedcor suggested revisions) 1 -09 -08 CITY OF CARMEL ZONING ORDINANCE CITY OF CARMEL ZONING ORDINANCE CHAPTER 23H: MONON GREENWAY OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected 1.i I 1 CITY OF CARMFI.70NINC; ORDINANCE 3 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 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 Ci ty 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: Greenway; Providing controls for architecture and landscape design that establish continuity of between now buildings and the Monon Groenway; 5 6 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. 7 `r- 10 I .b b b Version A Pedcor su•. ested revisions 1 -09 -082 1 CITY OF CARMFT ZONING ORDINANCF. Chaptor 231-1: Monon Groenway Overlay Zone 11 23H 1 12 Draft 11 9 2007 14 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 abotthe the Monon Greenway from First Street NW theseuthem '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 1■ and Carmel Drive to 96 Street. 23H.02 Plan Commission Application and Approval 2 Procedure. 22 23H.02.01 Tho Plan Commission, or its Hearing Officer in C 23 A. .roval of Development Plan in the Urban Section B un A. Following approval by the Carmel Redevelopment Commission. the City of Carmel shall submit for approval a Development Plan (DP) that includes the following development requirements for that prone in the Urban Section Boundary: Architectural Design. Exterior Lighting, Landscaping and Signage (ADLS). 25 B. The Director, as the staff of the Carmel/Clay Plan Commission, shall review a DP application to determine if the DP satisfies the development requirements of the Zone. 1 or C 2 Districts, The Director must approve, approve witheeEkElitien 29 with conditions or disapprove the Development Plan (DP4 and Aroh iitootural Doslin, Exterior Lighting,Landscaping and Signago (ADDS 31 for any tract e1 3 of land in the in the Urban Section of the Monon e e 35 Boundary of the Zone. D. The Director shall hold a public hearing before deciding whether to approve or disapprove a D However, no DP is required for additions to existing structures which: a. Are attached to the exi 1. Are attached to the existing structure: 2. Continue the architectural design of the existing structure, including exterior color and materia doors and windows. other detailing;'' 3. Meet with requirements of the Urban Section Boundary in the Zone: 4. Do not exceed twenty percent (20 of the original Gross Floor Area of the existing structi applicable from the date of this Section; and 5. Have received a prior ADLS approval from the Commission 4 E. Pursuant to IC 36 -7 -4 -1400 et seq., the Director (as the staff of the Plan Commission) is hereby authori: to conduct a public hearing to determine whether the Development Plan complies in all respects with Zoning Ordinance in the Urban Section Boundary in the Zone and any commitments made by the own( of the real property under IC 36 -7 -4 -613. The Director shall then make written findings concerning his or her decision to approve or disapprove the Development Plan. and the Director is hereby designated as the official who is responsible for signing the written findings. 4 F. The approval or disapproval of a Development Plan by the Director under this Section 23H.01.01 is a final decision of the Commission that may be reviewed only as provided in IC 36 -7 -4 -1016. After initi; as royal of the Architectural Desi n, Exterior Li htin Landsca. in and Si na e ADLS under this Section 23H.01.01. the ADLS shall not be materially or substantially changed or altered without t prior approval of the Commission under its rules of procedure. 44 Version A (Pedcor suggested revisions) 1 -09 -082 1 CITY OF CARMFI 70NING ORDINANCF 23H.02.02 At 'royal in the Natural Section Bound. 45 A. Development Plan See Section 24.99(A): Development Plan. 46 B. Architectural Desi Exterior Li htin Landsca• in and Si na e ADLS See ection 47 24.99 (B): Architectural Desi <rn Exterior Landsca in and Si•naoe ADLS C. DP and ADLS review is required in the Natural Section, pursuant to therequifeffients 50 the requirements of the underlying primary zoningdistrict district 23H.02.02 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of ti dimensional and quantitative standards of this Chapter, by not greater than thirty -five percent (35 An y approval permit to ermit such a waiver shall be subject to the following criteria: A. The proposal 1 adjoining osal shall enhance the overall Development Plan and the J nin g streetscape and neighborhoods. Version A Pedcor sue.ested revisions 1 -09 -082 1 CITY OF CARMFT 7ONTNO ORDINANCE Version A (Pedcor suggested revisions) 1 -09 -082 CITY OF CARMFI 70NINC; ORDINANCF 56 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. 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. Chapter 23H: Monon Grccnway Overlay Zone 57 23H 2 58 Draft 11 9 2007 CITY OF CARMEL ZONING ORDINANCE 60 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, Sexually Oriented Businesses, All Industrial Uses in Appendix A (Type of Uses). 23H.05 Building Setbacks. TO BE DISCUSSED BY COMMITTEE NOVEMBER 15 61 23H.05.01 Urban Section. A. Minimum Greenway Setback. 1. Minimum: Twelve 2 Forty Five feet 0644565' measured from the actual center line of the b right -of -way, or a thirty three foot (33') half right of way, whichever is greater. 67 68 2. Maximum: There is no maximum setback; however, the area adjacent to the Grccnway may not be used solely for parking. In addition, this arc must reflect an awareness of the Greenway and shall not adversely impact tho character of tho Grconway B. Side and Roar Setbacks. Fifteen (15) foot. 70 Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the Old Town District Overlay Zone and the Monon Greenway Version A (Pedcor suggested revisions) 1 -09 -082 1 CITY OF CARMFI 70NING ORDINANCE 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. 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, 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 72 Draft 11 9 2007 73 CITY OF CARMEL ZONING ORDIP'ANCE 74 23H.06 Greenway Access Points within the Natural Section Boundary 23H.06.01 Greenway Access Points within the Natural Section Boundary for new residential or commercial construction, shall be designed 77 and built in accordance with an approved Plan and to Parks Board Standards. Access Points 78 from existing buildings must receive the approval of the Director of Carmel Clay Parks. 7 g o Connection intervals shall be approved by the Director of Carmel Clay Parks. All access points shall be constructed of durable materials and shall be designed as to not impede 8 1 drainage ways. Where determined appropriate, a non- access agreement may be required to be recorded. 83 3 84 H.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 squaro foot. 85 C. Maximum Facado Length: 150 feat. 86 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. Version A (Pedcor suggested revisions) 1 -09 -082 1 CITY ()F CARMFI ZONING ORDINANCF 23H.08 Building Height. e 9 e 87 23H.08.01 Urban Section. A. Minimum Height: Two (2) storios B. Maximum Height: t; bo limitod to a height of forty two feet (12'). However, additional building height up to that which is permitted in tho permitted in the 91 primary underlying zoning 92 district or other applicable Overlay Zone may bo achieved with a facade step back from tho Grccnway. Each facade stcp back shall be at least twonty foot (20') in depth and shall bo 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 othcr applicable Overlay Zone. 9 applicable Overlay Zone. 94 23H.08.02 Natural Section. A. Minimum Height: None. B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay Zone. 23.H.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 locker facility accessible for employee use. Chapter 2311: Monon Greonway-9ve ne- 23H 1 96 Draft 11 9 2007 CITY OF CARMEL ZONING ORDINANCE 98 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 :2 tt3att length- of tho facado. 99 Buildings shall be designed and constructed in accordance with the ado.ted architectural s le and materials_.alette established for the Zone b the Ci of Carmel Redevelo I ment Commission. All elevations shall exhibit variety through inclusion of architect rel e sue as Version A Pedcor su• ested revisions 1 -09 -082 1 CITY OF CARMFI. ZONING ORDINANCE and covered walkways or recesses. Facades shall also exhibit variable roof heights, a diversity of building materials and varied building macs within a given structure. 101 Architectural elements shall be arranged in a balanced, relatively uniform fashion. Faux window opcnings and special masonry coursing may be used in service areas, especially arcs where rooftop skylighting is dosignod. 102 23H.10.02 Ground and upper floors shall utilize transparent g1az; the ground floor elevations of non residential uses must incorporate the transparent gla✓.; as a significant component. 103 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 foaturos with openings and feature^ of -the first fi ^^r 104 of tho building, other entrances cuch as podeLtrian entrances to parking areas shall bo permitted on non Greenway facades. 105 106 23H.10.06 Largo expanses of glair arc allowed, but no facade may bo constructed entirely of a metal and 07 e, gla curtain wall.' u8 23H.10.07 Fixed or retractable awnings arc encouraged if they complement a building's architectural style, material, colors, and details; do not conceal architectural foaturos (such as cornices, columns, pilasters, or dccorativo details); do not impair facade composition; and are designed as an integral part of the facade. Awnings may not be internally illuminated. 109 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 sealed to the pedestrian. Examples include, but aro not limited to cornices, columns, pilasters, lighting, decorative moldings, sills and quoins, as well as canopies, awnings covered walkways and other similar sheltering foaturos. 110 23H.10.09 Modulation of the roof and /or roof line will be required in order to eliminate box shaped buildings. Parapets must bo fully integrated into the architectural design of the building- and provide soamlers 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 1 whichever is greater. Parapet heights shall vary by no less than 3 feet, including between neighboring structures on tho same or adjacent parcel. 111 23H.10.10 Architectural styles, primary materials, building setbacks, separations, heights and max, shall 112 Chapter 23H: Monon Greonway Overlay Zone 113 23H5 114 Draft 11 9 2007 116 117 23H.11 Landscaping and Tree Preservation. 23H.11.01 Urban Section. A. Tree Preservation Requirements: It is the goal of the Monon Grconway Overlay to preserve existing vegetation within the Grconway Easement of Right of Way according to the Monon Grconway covenants. Alterations to the existing vegetation in tho Monon Grconway may be sought through a DP /ADLS Version A (Pedcor suggested revisions) 1 -09 -082 CITY OF CARMFI 70NING ORDINANCF 1 proposal. Such alterations require the approval of the Director of Carmel Clay Parks. Otherwise no changcf to the Groonway vogotatio proposed preservation or alteration outside of the Grcenway shall be reviewed by the Urban Forester and Plan Commi:Fion and must be in accordance with Section 23H.11.03. When deemed appropriate, and upon the approval of the Urban Forostor, mitigation may occur within the Monon Groonway. a_ 119 1. When a Development Plan or other Commi°r.:ion approval includes or requires reconstruction of tho Greonway, the landscape plan shall comply with the Monon Groonway Cross Section requirements and must meet the approval of the Director of Carmel Clay Parks and the City of Carmel Urban Forester. planting beds and ra: over, with exceptions for c or ground c low shrubs, p g g g 121 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 buds. 1. Remaining facades shall have foundation plantings in beds no le& than five (5) entrances. Initially, plantings shall cover at least 50% of the base of the building (horizontally) and bo at mature height and coverage within throe (3) years. A. Installation. All re uired landsca.in• shall be installed .rior to the issuance of a124 Certificate of Occu•anc b the De .artment Administrator. If it is not .ossible to install the required landsca sin. because of weather conditions the .role owner shall lost a bond for an amount canal to the total cost of the re• uired landsca. in rior to the issuance of the Final Certificate of Occupancy. B. Maintenance. It shall be the res. onsibili of the owners and their a encies to insure proper maintenance of the landscaping. in accordance with the standards set by this Ordinance. This is to include but is not limited to re .lacin dead lantin s with identical varieties or a suitable substitute. and keeping the area free of refuse and debris. 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 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 must be in accordance with 23H.11.03. 23H.11.03 General Landscaping Requirements within the Natural Boundary Section 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 6 132 Version A Pedcor su ested revisions 1 -09 -0822 1 CITY OF CARMFI 7ONIN0 ORDINANCE Draft Il 9 2007 134 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 Plan Commission 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 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. 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. 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. Version A (Pedcor suggested revisions) 1 -09 -082 1 CITY OF CARMF.I 7ONIN0 ORDINANCF 23H 7 136 Draft 11 9 2007 138 23H.13 Signage. All sins shall bo in accordance with Chapter 25.07: Sign Ordinance and other applicable 140 23H.13.01 All ermanent si s in the Urban Section Bounda of the Zone shall be desi ned and constructed in accordance with the adopted architectural style and materials palette established for the Urban Section Boundary by the City of Carmel 41 23H.13.02 Wall Signs arc allowed in tho Urban Section provided that thoy as noted below, the e lacement and number of ermanent si ns shall be in accordance with the 143 project standards established by the City of Carmel Redevelopment Commission. 23H.13.03 All SiAns must fit within the horizontal and vertical elements of the building and de 146 mav 147 not obscure details of the building. 23H.13.04 148 No sign shall be- allowed to 149 extend above the cornice line of 150 the 1 51 building. 152 153 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. 154 23H.14 Parking. 23H.11.01 Parking shall bo provided per Chapter 27: Additional Parking Loading Regulations, unless otherwise stated for parcels in the Old Town District Overlay Zone. 23H.14.01 NEE TO DISCUSS FURTHER 156 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).. 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 grcenway related amenities. 23H.11.01 Parking structures aro permitted adjacent to tho Monon Grconway; provided that the ground level of the facade facing the Grconway is a non parking uco, or acts as a building foundation completely screened from tho view of the Greenway. Uses may bo residential or non recidontial in nature, and shall comply with Sections 23H.03 and 23H.01 of this Chapter. 158 23H.14.03 NEED TO DISCUSS FURTHER 159 23H.14.04 NEED TO DISCUSS FURTHER 160 23H.15 Other Requirements. Version A Pedcor sug. ested revisions 1 -09 -082 1 CITY OF CARMFJ. TONING ORDINANCF 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 convoyed. 161 23H.15.03 162 A11 other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. Chapter 23H: Monon Greenway Overlay Zone 23H 8 163 Draft 11 9 2007 Version A (Pedcor suggested revisions) 1 -09 -082 CITY OF ('ARMFI, ZONING ORDINANCE 1111.11111.1111111.1.11111111111.11.111.1.1.11 1111.111.111.1111 CITY OF C A RMFT, 7ONINCL ORDINANCE. Chapter 23H: Monon Groenway Overlay Zone 23H 9 165 Draft 11 9 2007 166 Version A (Pedcor suggested revisions) 1 -09 -082 cument comparison done by Workshare Professional on Wednesday, January 09, 2008 11:17:41 AM gut: file: /M: /MS /BANKS /Carmel City Center, LLC /City Center cument 1 Project/Ordinance rewrite /2007 -1109 ZO Ch 23H Monon Trail Overlay DRAFT Committee Packet (ORIG).doc file:/ /M: /MS /BANKS /Carmel City Center, LLC /City Center cument 2 Project/Ordinance rewrite /2007 -1109 ZO Ch 23H Monon Trail Overlay DRAFT Committee Packet (W- COMMENT- CLEAN).doc ndering set standard Bend: ;rtion ction ved from ved to le change mat change ved deletion erted cell feted cell ved cell it/Merged cell iding cell itistics: Count ertions 54 letions 106 ved from 3 ved to 3 le change 0 mat changed 0 al changes 166 Page 1 of 1 Conn, Angelina V From: Keeling, Adrienne M Sent: Thursday, November 15, 2007 10:22 PM To (SallyShapiro @indy.rr.com); Dorman, Jay; kevin @indianatrails.org; Leo Dierckman; Madeleine Torres madeleinetorres @ameritech.net); rripma @usavingsbank.com; schleif @indy.rr.com; Seidensticker, Eric; sstromquist @wbmi.com; suewestermeier @aol.com; Wayne Haney (haneywh @aol.com) Cc: jmolitor @prodigy.net; Conn, Angelina V; Hollibaugh, Mike P; Littlejohn, David W; Hancock, Ramona B Subject: Monon Overlay Updated Draft Attachments: 2007 -1115; ZO Ch 23H Monon Trail Overlay DRAFT; Committee Packet; Clean w highlights.pdf; 2007 -1115; ZO Ch 23H Monon Trail Overlay DRAFT; Committee Packet; Redline.pdf Plan Commission: Attached are redline and clean versions of the Monon Overlay, which is included on Tuesday's agenda under old business. The Subdivision Committee met earlier this evening, and after much discussion and a few additional changes, forwarded this back to the full commission with a favorable recommendation. Gray highlights indicate changes made as a result of this evening's meeting, and therefore, the differences from your drafts dated 11/09/07. Hard copies will be mailed tomorrow (Friday). Please let me know if you have questions. Thanks, Adrienne 11/16/2007 i g 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 an Clay Township by protecting the physical integrity of the Monon Greenway, includi g -ems -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 p poses of this Zone the Monon Greenway shall be defined as anypro e rty 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 iileFe urbanized ctions o fthe 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 remaining-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 -1 Draft 11 -15 -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 Diagram Urba &.aa i Sections is ram the Monon Greenway from First Street NW to the southern property line of properties fronting the t i M south side of Carmel Drive. nur Lady t.UMnal 23H.01.02 Natural Section Boundary. Properties which abut p era, the Monon Greenway from 146 Street to First O Ma�P Street NW and Carmel Drive to 96 Street. laaaiark Park 4riRt•IG 6 23H.02 Plan Commission Approval.' 23H.02.01 The Plan Commission or its Hearing Officer in C- s 9,,,„, 1 or C Districts,_must approve, approve with t,,, E i conditions, or disapprove the Development Plan URBAN (DP) and Architectural Design, Exterior Lighting, ECTIO a lakSnaarl Landscaping and Signage (ADLS) for any tract of land in the Urban Section of the Monon Greenway az x sr i p Overlay Zone. DP and ADLS review is required in the Natural Section, pursuant to the z. requirements of the underlying primary zoning Central Park district Q lltth t aunt GM. 23H.02.02 Zoning Waiver. The Commission may after a I E public hearing, grant a Zoning Waiver of the ,•slam 1 dimensional and quantitative standards of this +s! g nrcna.'''' Chapter, by not greater than thirty-five percent aS 4 i v lst t (35 Any approval to permit such a waiver shall NA t RALI be subject to the following criteria: 40N g 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. 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^n the Zone, regardless of the underlying primary zoning Chapter 23H: Monon Greenway Overlay Zone 23H -2 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE district.; however, it shall not comprise more than seventy five percent (75 of a project') 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 Repairlindoor), Car W. sh, Commercial Kennel, Dry Cleani g Establishment (with on -site plant), Funeral Home/Mortuary/Crematory, Self service Laundry, Veterina Hos I ital with commercial kennel, Wholesale Sales, Stadium or Coliseum, F-ed Store Grain El- v.t.r Shootin• Galle Sexually Oriented Businesses, All Industrial Uses in Appendix A (Type of Uses). A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. C. All Industrial Uses in Appendix A 23H.05 Building Setbacks. 23H.05.01 Urban Cross Section. A. Minimum Greenway SetbackBuild to Lino. 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. See corres I ondin. Buildin Hei •hts. as prescribed by Section 23� 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. however, must occur in no less than thirty feet (30') increments. B. Side and Rear Setbacks. i t 15) feet There arc no minimum side or rear setbacks; however, no buildings or other permanent C. Minim ro i fir i iii is iciii 4o y t D. 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 govem. However, parcels in the Overlay with frontage on a public street, must adhere to the Front Yard re uirements established by other a..licable Overla Zones or their underlying zoning districts. 23H.05.02 Natural Cross Section. A. Minimum Trail Greenway Setback.= Setbacks shall beThirty (30) feet, measured from Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE 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, parcels in the Overlay with frontage on a public street, must adhere to the Front Yard r-: established b other a••licable Ov -rla Zone or their underlying zoning districts. 23H.061Greenway SpecificationsAccess Points. 23H.06.01 Urban Cross Section. Greenway Access Points for new r-sidential or •mmercial 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 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 (33 ght of way. 2. Dual ten feet (10') throughway on both sides for slower —meg pedestrians. ned in accordance with an approved Development Plan, Carmel Clay Parks, and the Alternative Transportation Coordinator. Conncction intervals shall be determine: 1= B. Trail Width: Asphalt path shall be a minimum of 12' in width with no less than 2' crushed stone shoulders. C. Trail Connections: All trail connections, whether residential or commercial, shall be designed by the Director of Carmel Clay Parks and/or the City of Carmel 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 whieh fronts on the Greenway. B. Maximum Building Foo rint: 15,000 square feet. Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE 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 Building Height. 23H.08.01 Urban Cross Section. A. Minimum Height: Two (2) storiesNone. B. Maximum Height: be limited to a height of fForty two feet (12'). However, additional ,,..n :,R sus 1. Building facades with a distance 1-ss than thi s-ven_feet 37' from th- ,a shall be limited to two stories. 2. Building facades with a distance less than fifty -seven feet (57') from the Greenway shall be limited to four stories. This additional height may be achieved by setting the building back or b desi: in a fa ade ste back from the Greenway. 3. Buildin: facades with a distance eater than fifty -seven feet (57') from the Greenwa ma have a height which is ermitted by the primary underlying zoning district or other applicable Overlay Zone. This additional height may be achieved by setting the buildin: back or b desi: in: one or more facade step backs from the Greenway. 4, When used, facade step backs 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 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 and locker facility accessible for employee use. Chapter 23H: Monon Greenway Overlay Zone 23H -5 Draft 11 -15 -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. 1 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 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 -five feet (25') along the 1en th of the facade. All elevations shall exhibit variety through inclusion of architectural elements such as windows and surrounds storefronts doors s ecial brick coursin: •ilasters lintels canopies and covered walkways or recesses. Facades shall also exhibit variable roof hei hts 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 o enin s nd cial maso coursin ma be used in servic- ar- eciall areas where rooftop skylighting is designed. ground floor elevations must incorporate the transparent glass as a significant component. 23H.10.02 Ground and upper floors shall utilize trans arent !lass- the ound floor elevations of non- residential uses must incorporate the transparent glass as a significant component. upecial 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 asfef pedestrian entrances to parking areas or small entrance lobbies for upper floorashall be permitted on non Greenway facades. 23H.10.05 Every face facade of a building abutting_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 notno facade may be constructed entirely of a metal and glass curtain wall. 23H.10.07 Fixed or retractable awnings are permitted 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 reauired at the ground level. Because As the buildings may will be viewed very close up, all building;, 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 moldin s sill an. u• ins as well as cano. i- s a in• s covered walkwa s and other similar sheltering features. 23H.10.09 Rooftop mechanical and telecommunication equipment shall be fully screened on all side: overall building design and approved by the Commission.Modulation of the roof and/or roof line will be required in order to eliminate box shaped buildings. Parapets must be fully Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE i t o r t into a r i ion_ of 1 ilan .r. i -a 1- ion 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 adiacent 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 and Tree Preservation. 23H.11.01 Urban Cross Section. A. T -rv.ti.n Re ir-me I th- ..1 of h- M. on r--n ev -r preserve existing vegetation within the Greenway Easement of Right -of -Way according to the Monon Greenway covenants. Alterations to the existing v-•-t.ti.n I the .n. r—n ma so.•ht t oh DL proposal. Such alterations require the approval of the Director of Carmel 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 23H 11 03 When deemed ap pro r1L and upon the approval of the Urban Forester, mitigation may occur within the Monon Greenway. .:r1.2 approval- B. Planting Requirements: 1. When a Development Plan or other Commission approval includes or requires reconstruction of the Greenway, the landsca ee 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 ro 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 foot (50') and a minimum of thirty fcct (30'). 2. The Greenway Setback shall he 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 faca• es shall have foundation plantings in beds no less than five (5) Chapter 23H: Monon Greenway Overlay Zone 23H -7 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE feet in width, with exceptions for appropriate pedestrian access to building entrances. Initially, plantings shall cover at least 50% of the base of the building (horizontally) and be at mature height and coverage within three (3) years_ determined upon application for and finalized prior to Commission 23H.11.02 Natural 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. Tree Preservation Requirements: Existing vegetation within the Greenway Easement or Right -of -Way shall be preserved in accordance with the Monon Greenway covenants. Pro.. I res- .tfon elan or alt-rati. to th- -xi tint vegetation in the Greenway require the approval of the Director of Carmel Clay Parks. Otherwise no changes to the Greenway vegetation may be made. Clay Park Anv proposed preservation or alteration outside of the Greenway shall be reviewed by the Urban Forester and must be in accordance with 23H.11.03. 23H.11.03 General Landscaping Reauirements. 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 3975% 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 a 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 Plan Commission 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 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 Chapter 23H: Monon Greenway Overlay Zone 23H -8 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE 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. 41. 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. 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: A. Ground Signs which orient themzclvcs to the Monon Greenway. 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 mess- 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 I i corq,n ith e '.i 2 l.• Bi P. Chapter 23H: Monon Greenway Overlay Zone 23H -9 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE however, the required number of bicycle parking spaces in the Overlay Zone shall be double. h- n -r *f u i e th- 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)., bicycle ancc with Section 27.06: Bicycle Parking. 23H.14.03 Parking areas shall be set back not less than six-feet-0 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 g. in! s a or e ft 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. 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 commenci g and tThroughout 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 23H: Monon Greenway Overlay Zone 23H -10 Draft 11 -15 -2007 1 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 -11 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE CHAPTER 40: 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 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 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 -1 Draft 11 -15 -2007 ♦r 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 rUrban 8, Na 31 I Sectio s the Monon Greenway from First Street NW to the h- southern property line of properties fronting the t 1 i oar ?at t:u u F i S south side of Carmel Drive. i ,.0:. 23H.01.02 Natur Section Boundary. Properties which abut N the Monon Greenway from 146 Street to First l +o y i_ a^ Y N -"SECTION, Street NW and Carmel Drive to 96 Street. I 23H.02 Plan Commission Approval. i� r f i i y nyn 23H.02.01 The Plan Commission, or its Hearing Officer in C- 1 i g w a c F Ju l A 1 or C -2 Districts, must approve, approve with j 1 -1- conditions, or disapprove the Development Plan --I g •,.,e' (PT,. -IRB N; 5 (DP) and Architectural Design, Exterior Lighting, '-q.,‘. ,)3 g1 in SEC 3 Landscaping e 11 S ut P g and Signage g g( ADLS (ADLS) for any tract of r land in the Urban Section of the Monon Greenway ,4 t• —..a }1 Overlay Zone. DP and ADLS review is required .....7•L ,--.7. I 6 1 in the Natural Section, pursuant to the t requirements of the underlying primary zoning 1� district. L iutm a m r 1— r.- 23H.02.02 Zoning Waiver. The Commission may, after a `I L e public hearing, grant a Zoning Waiver of the town dimensional and quantitative standards of this I i 11 1., F l� Chapter, by not greater than thirty -five percent ".7 �iu9 4. t -4 t I 35% Any approval to permit such a waiver shall 4 o Y PP P m r-1 be subject to the following criteria: 464 i 4 1 ON i'IMIE A. The proposal shall enhance the overall CI I'. w 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. 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 Chapter 23H: Monon Greenway Overlay Zone 23H -2 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE 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). 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. S e Corresponding Building Heights, as prescribed by Section 23H.08.04. 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. Minimum Building Separation: Thirty (30) feet between principal buildings' D. 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. 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, 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 -15 -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 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. 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 Building Height. 23H.08.01 Urban Section. A. Minimum Height: None. B. Maximum Height: 1. Building facades with a distance less than thirty-seven feet (37') from the Greenwa 'shall be limited to two storiesi f 2. Building facades with a distance less than fifty-seven feet (57') from the Greenway shall be limited to four stories. This additional height may be achieved b setting the building back, or by designing a facade step back from the Greenwa f 3. Building facades with a distance greater than fifty-seven feet (57') from the Greenway may have a height which is permitted by the primary underlying f zoning district or other applicable Overlay Zone. This additional height may be achieved by setting the building back, or by designing one or morq f ade step backs from the Greenway r 4.° When used facade step backs shall be at least twenty feet (20') in depth and shall be constructed as usable outdoor space, such as a rooftop .patio or garden[ Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE 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 locker facility accessible 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: 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-five 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 also 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, Chapter 23H: Monon Greenway Overlay Zone 23H -5 Draft 11-15-2007 CITY OF CARMEL ZONING ORDINANCE 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 vary among neighboring buildings along the Greenway. 23H.11 Landscaping and Tree 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 Carmel 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 23H.11.03. 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, plantings 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 Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE covenants. Proposed preservation plans or alterations to the existing vegetation in the Greenway require the approval of the Director of Carmel 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 must be in accordance with 23H.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. 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 Plan Commission 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 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. 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. 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 11 -15 -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.13.02 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 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 prior to site work commencing and throughout the duration of construction. Chapter 2311: Monon Greenway Overlay Zone 23H -8 Draft 11 -15 -2007 CITY OF CARMEL ZONING ORDINANCE 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 23H: Monon Greenway Overlay Zone 23H -9 Draft 11 -15 -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 11 -15 -2007 Page 1 of 1 Keeling, Adrienne M From: Keeling, Adrienne M Sent: Wednesday, October 31, 2007 5:27 PM To: 'Ron Judy Hagan' Cc: Forwarding E -mail, Carter, Ron E; Westermeier, Mark Subject: RE: Judy Hagan cellphone Judy, I will raise your question regarding the front vs rear yard experience at CCAT tomorrow morning. I do agree that most of the trail is currently a rear yard experience. I also think we have a good opportunity to create and build on the change taking place in the mile or so between City Center and Old Town. Over the past couple of years the CRC and Pedcor have paid a great deal of attention to the Monon as it passes through City Center. In some respects, I believe that attention has been because of CCAT. We wanted to make sure the Monon was not treated as the left -over space or a rear yard experience. As for a parallel street or row of parking next to the trail, I don't mind the parking area next to the Monon in Old Town, but I don't think we would want that the entire length either. The apartments to the east do face the street (and the Monon), and I think that is appropriate. Without the art, benches and water fountains to add interest and comfort, it is mostly a place for cars the parking is arguably needed, but is not necessarily a contribution to the "place I'II let you know where the discussion goes both tomorrow morning and tomorrow evening. Thanks and hope your visit is going well, Adrienne From: Ron Judy Hagan [mailto:r172jf @sbcglobal.net] Sent: Sunday, October 28, 2007 10 :38 PM To: Keeling, Adrienne M Cc: Forwarding E -mail, Carter, Ron E; Westermeier, Mark Subject: Judy Hagan cellphone Adrienne, will be heading to Nebraska Tuesday morning and will miss CCAT and Sub. subcommittee. If my email is not clear you can reach me on my cell at 317- 446 -8778 while I am out of town. One of the questions that has arisen that I think is a good one is this.... is the Monon Greenway a front yard experience or a back yard experience? For all of the Greenway it is a back yard except maybe for Bub's Burgers. Bazbeaux's is a side yard experience. It might be helpful to get some discussion on how the CCAT members feel about that question. It is a question that will need to be addressed to answer what the Greenway cross section should look like. Ron Carter and Mark Westermeier and I have talked about it. No conclusion yet so would like to know what others think. If it is a backyard, then the cross section could be simpler... much like it is today. A local street parallel may be just fine for some distance. Treating it as a front yard is what is raising the larger number of questions because it causes the use to reverse and now we have to figure out lots of different posibilities. It is back to the esplanade concept but I don't think we have a consensus on what it should be. What do you think? Judy 11/1/2007 oS Q1 WaG °AJ t '6. P I 4 I r From: Ron Judy Hagan [mailto:r172jf ©sbcglobal.net] Sent: Sunday, October 28, 2007 10:27 PM To: Keeling, Adrienne M Subject: Re: CCAT and Monon Overlay Adrienne, Since I will not be able to attend the CCAT or the Subdivision Subcommittee meeting and the file is a pdf attachment I will send my notes herein. Hopefully my suggestions will clarify who needs approval jurisdiction. The Park Dept. is concerned with what happens in the Monon Greenway easement/right of way because they manage that portion. The Urban Forester is concerned with what happens in the Overlay setback as is the Plan Commission. l Who is the 'Board" in the last paragraph of 23H.02.02? 2. In 23H.06.01 Greenway Access Points would it be clearer to conbine first 2 sentences and say "all access points must receive the approval of the Director of Carmel Clay Parks" and "be built to Park Dept standards" etc....? otherwise it sounds as if new access points do not need approval of the Park Director. 3. In 23H.11.01 A Landscaping and Tree Preservation Urban Section suggested wording start with "It is the goal of the Monon Greenway Overlay to preserve existing vegetation within the Greenway Easement or Right of Way according to the Monon Greenway covenants. Alterations t. the the xis g vegetation in the Monon Greenway ma be through a DP and ADLS' ♦It Any chang equires the approval of the Carmel Clay Park Director. Preservation or improvements in the arearequire approval of the Urban Forester and Plan Commission." h b "v`t -VIA ff VIP el-- 045 �1� K-� 4. In 23H.11.02 B. Landscaping and Tree Preservation Natural Section The goal is to preserve existing vegetation in the Greenway so the first sentence is fine. Perhaps the second could say "Any improvements to the existing vegetation in the Monon Greenway require the approval of the Carmel Clay Park Director. A .12 it area- t fie. whae pp 0- 44 COLS aR. rrftJ re6,1, 4 Another thought that keeps recurring to me is this why do we not want a street or additional parking along the Greenway? A street on one side may get us the distance between buildings t;rrxiv�'Sl�+� along the Greenway many of us would like to see. Maybe that issue could be revisited? Perhaps traffic circulation in downtown could be improved with such a plan? I just wanted it given (01'`°n'tMn4 some specific thought. 9t -u,j aft Judy A.., ri i4i nC fin- (Y' Page 1 of 2 Keeling, Adrienne M From: Ron Judy Hagan [r172jf ©sbcglobal.net] Sent: Sunday, October 28, 2007 10:27 PM To: Keeling, Adrienne M Subject: Re: CCAT and Monon Overlay Adrienne, Since I will not be able to attend the CCAT or the Subdivision Subcommittee meeting and the file is a pdf attachment I will send my notes herein. Hopefully my suggestions will clarify who needs approval jurisdiction. The Park Dept. is concerned with what happens in the Monon Greenway easement/right of way because they manage that portion. The Urban Forester is concerned with what happens in the Overlay setback as is the Plan Commission. 1. Who is the "Board" in the last paragraph of 23H.02.02? 2. In 23H.06.01 Greenway Access Points would it be clearer to conbine first 2 sentences and say all access points must receive the approval of the Director of Carmel Clay Parks" and "be built to Park Dept standards" etc....? otherwise it sounds as if new access points do not need approval of the Park Director. 3. In 23H.11.01 A Landscaping and Tree Preservation Urban Section suggested wording start with "It is the goal of the Monon Greenway Overlay to preserve existing vegetation within the Greenway Easement or Right of Way according to the Monon Greenway covenants. Alterations to the existing vegetation in the Monon Greenway may be sought through a DP and ADLS plan which enhances or improves the existing vegetation. No changes to the Greenway vegetation can be made otherwise. Any change requires the approval of the Carmel Clay Park Director. Preservation or improvements in the setback area require approval of the Urban Forester and Plan Commission." 4. In 23H.11.02 B. Landscaping and Tree Preservation Natural Section The goal is to preserve existing vegetation in the Greenway so the first sentence is fine. Perhaps the second could say "Any improvements to the existing vegetation in the Monon Greenway require the approval of the Carmel Clay Park Director. Any change or improvement within the setback area requires the approval of the Urban Forester and Plan Commission." Another thought that keeps recurring to me is this why do we not want a street or additional parking along the Greenway? A street on one side may get us the distance between buildings along the Greenway many of us would like to see. Maybe that issue could be revisited? Perhaps traffic circulation in downtown could be improved with such a plan? I just wanted it given some specific thought. Judy Original Message From: Keeling, Adrienne M To: Littlejohn, David W Olds, Les Keeling, Adrienne M Carter Ronald E Drew Williams (E -mail) Duncan, Gary_ I. Duffy John M r172jf@sbcglobal..net Karen Bohn (E- mail) Kevin Heber (E- mail) ._(E-mail) Westermeier,.._Mark Klitzing,Michael Hollibaugh Mike F. McBride, Mike .T Heck Nancy S Nick Kestner_(E- mal�{E mail Steve Dillon (E- mailt(E -mail) Sent: Thursday, October 25, 2007 4:07 PM Subject: RE: CCAT 11/1/2007 r 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: P4, S -2, R -1, R -2, R -3, R-4, M -3, PUD Old Town OL, Home Place OL, US 31 OL As of 10-1 -07 (Carol Judy) 1 23H.00 Monon Greenwav Overlay Zone. 2311.00.01 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 pr of this Zon6, the Mores i y shall be iined as any proms Conveyed inthe to City °o Caannrc1, by title or yent, for purposes' of establishment of the Morton 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- 44400 et seq. 23H.00.99 Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. 13. 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 CITY OF CARMEL ZONING ORDINANCE 231.10 1 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. 2311.01.01 Urban Section Boundary. Properties which abut Diagram 1 NatZ7 Section the Monon Greenway from First Street NW to the 3 P southern property line of properties fronting the south side of Carmel Drive. .1 _r gs� 231101.02 Natural Section Boundary. Properties which abut t i j'_ the Monon Greenway from 146 Street to First '4 O Stmt NW and Carmel Drive to 96 Stmt. E 231102 Plan Commission Approval. 'l'i ;fit 23H.02.01 The Plan Commission must approve, approve with L rr ----..1 n I conditions, or disapprove the Development Plan I (DP) and Architectural Design, Exterior Lighting, URBAN Landscaping and Signage (ADLS) for any tract of SECTION13,i land in the Urban Section of the Monon Greenway Overlay Zone. 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 NATURAL r, s be subject to the following criteria: rEC ION A. The proposal shall enhance the overall i Development Plan and the adjoining streetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or 1 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 1 standards provided under IC 36 -7-4 -918.5 and this Zoning Ordinance. 23H.03 Permitted Uses. See Appendix A Schedule of Uses. 231103.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 2311.04, ii e permi ed in thf Zoilg. 2311.03.02 Residential uses are permitted and This requires commercial uses shouldn't this be an option rather than required? I Chapter 23H: Monon Greenway Overlay Zone 2311-2 1 Draft 09 -21 -2007 I 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, Self service Laundry, Veterinary Hospital with commercial kennel, Wholesale Sales, Stadium or Coliseum, Tavern/Night Club, Commercial Greenhouse, Feed Store, Gram Elevator, Shooting Gallery, Sexually Oriented Businesses, and car wash. Do not eliminate all uses allowed in Indust ial zone because some of those are desirable. (industrial uses also include roadside sales stands, art galleries, banks, offices, clinics, business schools general retail ....do we want them on the Monon 23H.05 Building Setbacks. 23H.05.01 Urban Section. A. Minimum Greenway Setback. The minimum greenway setback is dependent upon building height and step -back configuration. (If entire greenway overlay setback is 150 feet, the setbacks along the greenway are not affected by building height.) 1. Minimum: Twelve feet (12') only if building is stepped back at the first or second floor, otherwise the building shall be set back 42' as, measured from the actual right -of -way, or a thirty-three feet (33') half right -of -way, whichever is greater. An additional 25' set back shall be included for outdoor dining at grade. (See illustrated cross sections for determination.) 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. or side yards shall equal to the height of the tallest of an existing and new building, whichever is greater for new commercial and multi family structures. (See Ch 26.02.05) For new buildings that abut existing residential districts side and rear yards shall increased an additional foot for each foot such structure exceeds twenty five (25) feet in height. (See Ch 26.01.01) Additionally, setbacks shall be larger if fire safety becomes an issue, or if section drawings show that human scale, privacy and sun rights for existing buildings are infringed upon by proposed projects. 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 Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 09 -21 -2007 CITY OF CARMEL ZONING ORDINANCE their underlying zoning districts as long as section drawings show that fire safety, human scale, privacy and sun rights for existing buildings are not infringed upon by proposed projects. 23H.05.02 Natural Section. A. Minimum Greenway Setback: Principal Buildings shall be setback thirty (30) sixty (60) 1 feet, measured from the edge of Monon Greenway, generally a presumed thirty three feet (33') half right -of -way. •B. Side and Rear Setbacks. 15' or side yards shall equal to the height of the tallest of an existing and new building, whichever is greater for new commercial and multi- family structures. (See Ch 26.02.05) For new buildings that abut existing residential districts side yards shall increase side yard setbacks an additional foot for each foot such structure exceeds twenty -five (25) feet in height from underlying zoning. (See Ch 26.01.01) Additionally, setbacks shall be larger if fire safety becomes an issue, or if section drawings show that human scale, privacy and sun rights for existing buildings are infringed upon by proposed projects. 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 as long as section drawings show that human scale, privacy and sun rights for existing buildings are not infringed upon by proposed projects. 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 must receive the approval of the Director of Carmel Clay Parks. Where determined appropriate, a non- access agreement may be required to be recorded 23H.07 Building Orientation At 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. 231107.02 Natural Section. A. Maximum Building Footprint: 15,000 square feet. B. lvlaximum Facade Length: No facade greater than 80 feet shall be parallel with the Greenway. Larger facades must be oriented greater than or equal to 6 degrees from parallel to the greenway. Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 09 -21 -2007 CTTY OF CARMEL ZONING ORDINANCE 2311.08 Building Height. 2311.08.01 Urban Section. A. Minimum Height: Two store° One story. B. Maximum Height: Twenty five feet or two stories, However, an additional story may be added for one step back in building envelope, and a second additional story, or up to Forty -two feet (42'), would be allowed if LEED Certified. 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. All proposed new structures shall be no more than one story taller than a neighboring structure, especially in existing residential areas, unless sectional drawings show that human scale, privacy issues and sun rights are not negatively impacted by the proposed building(s). 2311.08.02 Natural Section. A. Minimum Height: None. B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay Zone. However, eave heights shall be limited to 25' 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 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, for the length of 20/30 feet 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. Facades shall also exhibit variable roof heights, and frequent facade setbacks and bump -outs, diversity in building materials, and vane 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. 2311.10.02 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. What is this saying? Explain 9999 wha Chapter 23H: Monon Greenway Overlay Zone 2311-5 Draft 09-21-2007 CITY OF CARMEL ZONING ORDINANCE if it is all residential 1 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. What is this saying? Explain 23H.10.05 Every face of the building with frontage along the Greenway must have openings for windows that face the greenway. 23H.10.06 Large expanses of glass are allowed, but *h .g- any facade may not be constructed entirely of a metal and glass curtain wall. 23H.10.07 Fixed or retractable awnings are permitted encouraged if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such a cornices, cohtmns, 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. Canopies, awnings, covered walkways or similar shelter giving elements of human scale shall be included on first floors of building that are over 1 story high abutting the greenway. 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) could do 20 feet ....synchronizes structurally with step backs....feet, whichever is greater. Parapet heights should vary by more than, or equal to 3 feet between neighboring buildings, neighboring parcels, or segments within the same building. 23H.10.10 Architectural styles, major materials, building setbacks, building separations, building heights, building mass and shape of building envelope shall vary between neighborin buildings along the greenway. 23H.11 Landscaping and Tree Preservation. 23H.11.01 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 Conunission approval and may not be removed until Commission approval. Within the Greenway Easement, reforestation of previously lost trees and landscaping will be encouraged, especially during redevelopment. B. Planting Requirements: Chapter 23H: Monon Greenway Overlay Zone 23H-6 Draft 09 -21 -2007 CITY OF CARMEL ZONING ORDINANCE 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 stale -shad trees, low shrubs, planting beds and grass or ground cover, with exceptions for appropriate pedestrian access to building entrances. 3. Alternatively, the front yard setback may be covered with decorative hard surfaces andior pavers to allow seating areas or outdoor tables, such areas shall be surrounded by low shrubs or planting beds. 4. Foundation plantings shall be required in five (5) foot wide beds at the base of structures, except in areas needed for building access and egress locations. Initially, these plantings shall cover at least 50 of the base of the building (horizontally) and be at mature height and 100% coverage within 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. 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. 70-85% 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. Do we need structured soils for a 5' planting bed C. Parking areas shall be located at the rear or side of buildings, and screened from the Greenway by low walls, low fences, OF hedges, or a combination thereof, that are at least 4' tall. Plant materials shall be at least 4' tall within 3 years of planting. 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 Chapter 23H: Monon Greenway Overlay Zone 23H -7 Draft 09 -21 -2007 CITY OF CARMEL ZONING ORDINANCE 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 mnechanical/ 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. 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 shalt 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 Si ge. 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 2311.05, 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 To District Overlay Zone. 2311.14.02 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 Chapter 23H: Monon Greenway Overlay Zone 2311-8 Draft 09 -21 -2007 GTTY OF CARMEL ZONING ORDINANCE shall include landscaping as required in Section 23K 11.03. Open spaces created by this setback shall become pocket parks or a mix of landscaped gathering spaces, bike parking areas, or spaces for other greenway related amenities. Question: Do we have a way to prevent mass bike parking areas? 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 231103 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 prior to site wo 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 23H: Monon Greenway Overlay Zone 23H -9 Draft 09 -21 -2007 CITY OF CARMEL ZONING ORDINANCE CHAPTER 2311: 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 Page 1 of 1 Conn, Angelina V From: Dorman, Jay Sent: Friday, August 31, 2007 9:00 AM To: Conn, Angelina V Subject: Monon Trail Overlay and Staff Reports 1. I approve of revised August 27 draft for Monon Trail Overlay Zone. 2. I did NOT see any Uses in Appendix A that immediately seem objectionable and not already covered as Prohibited, Excluded or Special Uses. Perhaps one of the other committee members may find something, but 1 did not. V The email containing Special Studies and Sub taff Reports check out the first few Subd Staff Reports...as they mention the item be approved by th e Studies ommitte ...cut/paste error. First report is ATT signage. See the last sentence in the report. 8/31 /2007 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 Carol: As of 8 -16 -07 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 (what are these? Are these the 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 mere urbanized sections of the 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 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. Chapter 23H: Monon Greenway Overlay Zone 23H -1 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23H.01 District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. 23H.01.01 Urban Section Boundary. This part of the overlay comprises properties that 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. This part of the overlay comprises properties that abut the Monon Greenway from 146 Street to First Street NW and Carmel Drive to 96t Street. The map is misleading. It needs to be more exact....use a P -line to draw the shapes in AutoCad. 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, Landscaping and Signage (ADLS) for any tract of land in 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 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 eme icle access. C. The proposal shall ex it ex aerdinar s design characteristics, including, but not limited to: Increases and more mater: landscape treatment, tree preservation, provisions for bicycle d edestrian 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. Chapter 23H: Monon Greenway Overlay Zone 23H -2 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE 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. 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 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 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 Buildings with recessed and protruding facades is are required within the setback area; and must occur in no less than thirty feet (30') increments. B. Side and Rear Setbacks. w: no buildings or other ermanent improvement shall encroach into required landscape areas. Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE C. Conflicting Requirements. Wherever there exists a conflict between the building s requirements of the Old Town District Overlay Zone and the Monon Greenway Overlay Zone, the Monon Greenway Overlay Zone shall govern. Could you do a section through the urban and natural sections showing how close these changes would make buildings, and include a 6' tall person on the trail. 23H.05.02 Natural 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 Specifications. Can you give us a section of these two areas of the greenway? And a 3r if the non -city center urban area is different? 23H.06.01 Urban Cross Section. A. Right of Way: Thirty three feet (33') half right of way. B. Trail Width: Minimum thirty six fcct (36') travel way i l 2. Dual ten fcct (10') throughway on both sides for slower moving pcdc3triana. Chapter 23H: Monon Greenway Overlay Zone 2311 -4 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE C. Trail Connections: Shall be designed in aceordanc Carmel Clay Parks, and the Alternative Transportation Coordinator. Connection intervals Shall be determined by the Director and in 231-1.06:02—Natural Cross Section. A. Right of Way: Thirty three feet (33') half right of way. T Wid "sphalt path shall be a minimum of 12' in width with no less than 2' crushed stone shoulders. C. Trail Connections: All trail connection3, whether residential or commercial, shame dcsigncd by the Director of Carmel Clay Parks and/or the City of Carmel tion Coordinator. Permitted trail connections shall drainage ways. 23H.07 Building Orientation. 23H.07.01 Urban Cross Section. Every parcel with frontage on the Monon Greenway must have at least one building elevation that which fronts on the Greenway. 23H.08 Building Height. 23H.08.01 Urban Cross Section. A. Minimum Height: Two (2) stories 0001 1111400110111.1,1 w eta O N I B. Maximum Height: Forty-two feet (42'). However, additional building height may be permitted with each twelve fcct (12') facade step back from the Greenway. I would like to see a 42' limit to building heights stated only. 23H.08.02 Natural Cross Section. A. Minimum Height: None. C B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay Zone. Chapter 23H: Monon Greenway Overlay Zone 2311 -5 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE 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. 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. AM!ci11ri.�i'�.P k 23H.10.02 Large undifferentiated, blank facades are not allowed. by-All elevations shall exhibit variety through inclusion of architectural elements such as windows and surrounds, storefronts, doors, and f atu.- es—s.-,.w a° special brick coursing, pilasters and-jintels,_canopies and covered walkways or recesses. When used, they shall be arranged in a balanced, relatively uniform fashion. For example a grouping of openings on one part of a building might balance out a large opening on the far end of an elevation. Faux window openings and special masonry coursing may be used in service areas, especially areas where rooftop skylighting is designed. 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. OR nC\t\ c v 1 2 3H.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 buildin: 'rich •ntage along the Greenway must have openings for windows. (move up to 10. 1) 9 23H.1 0.06 Large expanses of glass ar a o but the bui ay not be constructed entirely of a metal and glass curtain wall. i n ve up to 10.01) 23H.10.07 Fixed or retractable awnings are permitted if they ement 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 ma /i t be internally illuminated. 23H.10.08 Pedestrian scale detailing is t i t the ground the buildings 444a3i. viewed very close up, Chapte 23H: Monon Greenway Overlay Zone `tk' AD 23H -6 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE 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 using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. OR (from US 31 overlay) 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 -five (25) feet, whichever is greater. 23H.11 Landscaping. f T 't F ser v 4-4, 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 on both sides of in the Greenway Right -of- i, Way, per the standards of the City and Carmel Clay Parks. Maximum F/ spacing between trees shall be fifty feet (50') at street crossings and other 1 Q greenway interruptions, a typical spacing of 30' o.c., and a minimum of al thirty feet (30') spacing and species as determined by the Urban jq [J Forester. (ok with Scott B.) QQ,,� B. reservation Requirements: Preservation requirements shall be evaluated and determined upon application for and fmalized prior to Commission approval after in accordance with the Monon Greenway covenants. The D -c or of Carmel Clay Parks shall a so approve the reserva ion Plan. ,I e st' g i et o it err�nt� t c' sh l b pres rve nti Co mis ro ap r al 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 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 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. Chapter 23H: Monon Greenway Overlay Zone 23H -7 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE r 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. 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. 23E12.02 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 Section 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 Chapter 23H: Monon Greenway Overlay Zone 23H -8 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE 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 2311.05, 23H.07 and 2314.08 of this Chapter. 23H.14 Parking. 2311.14.01 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')20 feet behind the Greenway Build -to Line. 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 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 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. Chapter 2311: Monon Greenway Overlay Zone 23H -9 Draft 06 -08 -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 06 -08 -2007 U E i C AR 1 virelitit CITY OF L ON G ORDINANCE 04 CARMEL CITY CODE tjJ) 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 and Clay Township 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 ke4A4Aitig Monon Greenway character; Protecting the physical integrity of the Monon Greenway. Definition of Monon Greenway? aAtie auvloptia y 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. (does DP /ADLS apply in Natural Section? Or does Subdivision Plat address (*Pm 04 �J A. Development Plan. See Section 24.99(A). Development Pla 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 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE a 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. First Street NW to the Diagram 1: Urban vs. Rural Sections southern property line of properties fronting the corn 74.0 south side of Carmel Drive. t 23H.01.02 Natural Section Boundary. 146 Street to First NATURAL 4/694(4.0,. Street NW and Carmel Drive to 96 Street. SEC ION 1 t Depth? rARME 23H.02 Plan Commission Approval. rK 23H.02.01 The Plan Commission must approve, approve with L. conditions, or disapprove the Development Plan v g. (DP) and Architectural Design, Exterior Lighting, dt 51 Landscaping and Signage (ADLS) for any tract of URBAN land in the Monon Greenway Overlay Zone. G: SECTION 23H.02.02 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the a t dimensional and quantitative standards of this A Chapter, by not greater than thirty -five percent (35 Any approval to permit such a waiver shall be subject to the following criteria: ava 1 f l A. The proposal shall enhance the overall 1 SECTION Development Plan and the adjoining streetscapes and neighborhoods. 1 1 B. The proposal shall not produce a Site Plan or 1 4. street/circulation system that would be impractical or detract from the appearance of�1 the Development Plan or the District, and shall not adversely a ergency 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 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.04 Prohibited Uses. See Appendix A Schedule of Uses. 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 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 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 required within the setback area, and 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. (If I understand Engineering Dept concerns, setbacks should be required for grading purposes) 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 Section. A. Minimum Trail Greenway Setback: Thirty (30) feet, measured from 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. 23H.06 ar it Greenway ,4e5 PMty► NOTE: TRAIL SPECS ARE BEING REMOVED IN FAVOR OF PLACING THEM IN THE THOROUGHFARE PLAN INSTEAD. Accuo P/s 2311.06.01 Urban Section. email Greenway. enneetions shall be designed and built in accagiv ith an approved Qmpliiiritimik. Plan and to Park Dept. standards. Any Greenway is subject to the approval of the Director of Carmel Clay Parks and the City of Carmel Alternative Transportation Coordinator. Connection intervals shall be determined by the Park Director z o t'o TA 141/43-1 Combine sections? As new development must be designed and built per DP and to Park standards. Chapter 2311: Monon Greenway Overlay Zone 23H -3 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 23H.06.02 Natural Section. All trail Greenway connections, whether residential or commercial, shall be designed is subject to approval by the Director of Cannel Clay Parks ands the City of Carmel Alternative Transportation Coordinator. Permitted trail connections shall be constructed of durable materials and shall be designed as to not impede drainage ways (this section addresses existing development must seek approval of Park Dir and ATP Co -or 23H.07 Building Orientation. 2311.07.01 Urban Section. Every parcel with frontage on the Monon Greenway must have at least one building which fronts on the Greenway. 23H.08 Building Height. 2311.08.01 Urban 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 Section. A. Minimum Height: None. B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay Zone. 23H.09 Building Requirements. 2314.09.01 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. 23H.10 Architectural Design. Buildings in the Urban Section with frontage on the Greenway must include the following characteristics: 2314.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 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 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 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. 2311.10.05 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 Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 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.10.09 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. Require mid -block pass throughs if building front more than feet? 23H.11 Landscaping. 23H.11.01 Urban Section. Doesn't this now belong in Greenway cross section? B. Planting Requirements: shade trees shall be plant- When a Development Plan or other Commission approval includes or requires reconstruction of the Greenway, the landscaping plan s a comply with the Monon Greenway Cross Section requirements and pproval of the Director of Carmel Clay Parks and the City of Carmel Urban Forester. A. Preservation Requirements: 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. until Commission approval. The Monon Greenway Covenants by which the Greenway was acquired, require preservation of existing vegetation as a buffer. Any disturbance of existing vegetation requires compliance with the Covenants VVLbe f 23H.11.02 Natural Section. Should move to Greenway Cross 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. 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 Chapter 23H: Monon Greenway Overlay Zone 23H -5 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 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 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 (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. b e landscaping which has been approved by the Director may later be substantially altered, alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. J. 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. 23H. 12.04 The maximum height of light standards in parking areas shall not exceed the building height, Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 07 -27 -2007 CITY OF CARMEL ZONING ORDINANCE 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: 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 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 Monon Greenway pr-eper-ty Boundary line. Y r- etighout 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. Provide deed by which the City took title to Monon Greenway as well as any landscape easement. V Convey all interest in the Monon Greenway to the City of Carmel. Record a Non Access Agreement where requested by the Park Director 23H.15.02 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 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 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 mere urbanized sections of the 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 remaining 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 -1 Draft 08 -20 -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. First Street. NW to the Diagram 1: Urba vs. N#Nral Sectipns southern property line of properties fronting the south side of Carmel Drive. 23H.01.02 Natural Section Boundary. 146`" Street to First Street NW and Carmel Drive to 96 Street. NA L 23H.02 Plan Commission Approval. ri p 4 E 23H.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of W` URBAN land in the Monon Greenway Overlay Zone. ,1 SECTION 23H.02.02 Zoning Waiver. The Commission may, after a public hearing. grant a Zoning Waiver of the at r �r dimensional and quantitative standards of this w Chapter, by not greater than thirty -five percent (35 Any approval to permit such a waiver shall be subject to the following criteria: v C.70.0 V A. The proposal shall enhance the overall NATURAL Development Plan and the adjoining 1 SECTION streetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or 7777 a 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. 23H.04 Prohibited Uses. See Appendix A Schedule of Uses. Chapter 23H: Monon Greenway Overlay Zone 23H -2 Draft 08 -20 -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 C -ress- 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 of .ly_for parking. In addition, this area must reflect an awareness of the Greenway and shall not adversely impact the character of the Greenway. 3 Buildings with recessed and protruding facade& isare encouraged required within the setback are 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 Greenway Setback: Thirty (30) feet, measured from W 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. 23H.06 Greenway SpeeifieatiensAccess Points. NOTE: TRAIL SPECS HAVE BEEN REMOVED IN FAVOR OF PLACING EM IN THE THOROUGHFARE PLAN. RV A 23H.06.01 Urban Cross Suction. All Greenway Access Points. whether residential o ial s he desi vied and built in accordance with an approved Plan and to Parks Standards. All access ••'n h•11 r t •f ra -ri._ .n• s 'm•-J1- 41r.ittage wa s. Connection intervals shall he determined by Director. A. Right of Way: Thirty three feet (33') half right of way. B. Trail Width: Minimum thirty six feet (36') travel way includin:. Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 08 -20 -2007 CITY OF CARMEL ZONING ORDINANCE 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 bc determined by the Dircctor 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. B. Trail Width: Asphalt path shall bc a minimum of 12' in width with no Icss than 2' crushed stone shoulders. C. Trail Connections: All trail connections, whether residential or commercial, shall be designed by the Dircctor of Carmel Clay Parks and /or the City of Carmel Alternative Transportation Coordinator. Permitted trail connections shall be constructed of durable materials and shall be designed as to not impede drainage way 23H.07 Building Orientation. 23H.07.01 Urban Cross Section. Every parcel with frontage on the Monon Greenway must have at least one building elevation that 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.09.0] 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. 23H.10.02 Lame, undifferentiated. blank facades are not allowed. All elevations shall exhibit variety throu. in lu ion f architectur.1 el- ents uch a Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 08 -20 -2007 CITY OF CARMEL ZONING ORDINANCE windows and surrounds, storefronts, doors, and f atures such as special brick coursing, pilasters, -ate lintels, canopies and covered walkways or recesses. When used. they shall be arranged in a balanced, relatively uniform fashion. Faux window openings and special m asonry coursing may be used in service areas es ep dally areas where rooftop skylighting is designed. 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. 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.10.09 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.1 1.01 Urban Cross Section. A. Preservation Requirements: Preservation requirements shall he evaluated and ••t-rmin•-. for •fr.liz-s i•r •ji ion ...r•v, and thereafter in accordance with the Monon Greenway covenants. The Director of Carmel Clav Parks shall also approve the Preservation Plan However, existi v-getation within the Greenwa e or Ri I Way shall he preserved until Commission approval and may not be removed until Commission approval. B. Planting Requirements: When a Development Plan or other Commission approval includes or requires reconstruction of the Greenway. the landsca e plan shall comnl with the Monon Greenway Cross Section requirements and must meet the ..•r•v. of he I'r: of -1 P.rk a he i of m-1 ..n Forester. 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 Cla b between trees shall be fifty feet (50') and a minimum of thirty fcct (30'). B. Preservation Requirements: Preservation requirements shall be evaluated and ..r Chapter 23H: Monon Greenway Overlay Zone 23H -5 Draft 08 -20 -2007 CITY OF CARMEL ZONING ORDINANCE Director of Carmel Clay Parks shall also approve the Preservation Plan. Way shall be preserved 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 andsca ila 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 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 (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 he 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. Il. Ground level mechanical/ telecommunication equipment shall be u 1 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. Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 08 -20 -2007 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 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 Section 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. 2311.14.01 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' )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 Chapter 23H: Monon Greenway Overlay Zone 23H -7 Draft 08 -20 -2007 CITY OF CARMEL ZONING ORDINANCE construction fence shall be placed along the Greenway boundary throughout the duration of construction. 23H.15.02 Documentation. 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 Where appropriate. 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 23H -8 Draft 08 -20 -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 -9 Draft 08 -20 -2007 CITY OF CARMEL ZONING ORDINANCE CARMEL CITY CODE eitfit6 CHAPTER 10: ZONING SUBDIVISIONS ARTICLE 1: ZONING CODE 4 b (1(0 CARMEL ZONING ORDINANCE CHAPTER 2311: MONON GREENWAY OVERLAY ZONE As of 8 -16 -07 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 (what are these? Are these the 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 mete ur-banieed-seet-iees-ef the 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 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. The following drawings will also be required: o Cross sectional drawing through the greenway, through the proposed project, and through the adjacent lot on the far side of the proposed project, showing the building to scale and the relation between the building and a 6 foot tall person on the greenway. o Cross sectional drawings to show sight lines from the top floor of U\.) r proposed building to adjacent residential areas for review of privacy impacts of the proposed project. o Drawings shall also include a section that shows that the proposed structure will not create shadow lines for 24 -hours a day on neighboring first floor residential windows. o Sectional drawings to sight lines from residential neighbors that show effectiveness of landscape buffers at time of planting for privacy and view impacts of the proposed project. o Tree preservation plan showing existing trees; trees to be saved trees to be removed, and new trees to be planted. Plans shall be Chapter 23H: Monon Greenway Overlay Zone 23H -1 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE labeled with species and size, and be legible without a magnifying glass. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23H.01 District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby established I s approved on the Zoning Map. 23H.01 t Urban Section Boundary. This part of the overlay comprises properties that 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. This part of the overlay comprises properties that abut the Monon Greenway from 146 Street to First Street NW and Carmel Drive to 96 Street. The map is misleading. It needs to be more exact....use a P -line to draw the shapes in AutoCad. A Should we split the urban section further? The City Center portion is actually going to be quite different i than the area north of 126 /City Center Drive. 1 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, Landscaping and Signage (ADLS) for any tract of land in 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 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. 1 C. The proposal shall exhibit extraerdinart site design characteristics, including, but not limited to: Increased and more mature 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. ‘4( We need to look at all the uses on the list Do we want to encourage night time use of Monon (taverns night clubs)? Mobile Home Parks? Penal Institutions? Truck repair shops? Etc.... VV Chapter 23H: Monon Greenway Overlay Zone 23H -2 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE Could you split the uses for urban and natural part u j It would be more clear, 24H.04 ap lies more to the urban part. W MAWS/ 64i WS 23H.03.02 Residential uses are permitted; however, it shall not comprise more tha 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. 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 There are more objectionable uses than listed here, even for the urban area. (I'll bring ist) V 23H.05 Building Setbacks. 23H.05.01 Urban 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 G reenway may not be used 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 t h e Buil dings with recessed and protruding faQades is are required within the setback area; and must occur in no less than thirty feet (30') inrrementc B. Side and Rear S etbacks. no buildings or other permanent improvement shall encroach into required l a nd scape ar Side setbacks are needed for ventilation and visual relief and human scale while on the greenway. The IBC reads 30' or to height of building, whichever is greater, or protected openings are required. (as is shown on conceptual plans of City Center) Rear setbacks should match the properties on the far side of the proposed project, supported up by drawings listed above to show that privacy and sun rights are not infringed upon for existing buildings. Building setbacks for restaurants that abut the greenway shall be set back 'II .125' to allow for 2 rows of tables circulation. 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. Could you do a section through the urban and natural sections showing how close these changes would make buildings, and include a 6' tall person on the trail. 23H.05.02 Natural Section. A. Minimum Trail Setback: Thirty (30) feet, measured from a presumed thirty -three feet (33') half right -of -way. Chapter 23H: Monon Greenway Overlay Zone 23H -3 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE 3 B. Side and Rear Setbacks. Requirements per underlying primary zoning district. Due to health and safety concerns, side yard setbacks shall be greater than or equal to 20', and shall not create conditions where neighboring residential or multi family dwelling windows are shaded 24 -hours at the first floor level. 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 Specifications. Can you give us a section of these two areas of the greenway? And a 3 if the non -city o center urban area is different? EEP Cross sections in this overlay are incredibly valuable to show human scale required for the greenway. I would add to the greenway section people and buildings using setbacks listed in this document. 23H.06.01 Urban Cross Section. A. Right of Way: Thirty three feet (33') half 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 pedestrians. C. Trail Connections: Shall bc designed in accordance with an approved Development Plan, Carmel Clay Parks, and the Alternative Transportation Coordinator. Connection intervals shall bc 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. B. Trail Width: Asphalt path shall be a minimum of 12' in width with no less than 2' crushed stone shoulders. C. Trail Connections: All trail conncctions, whether residential or commercial, shall be designed by the Director of Carmel Clay Parks and /or the City of Carmel Alternative Transportation Coordinator. Permitted trail connections shall be drainage ways. 23H 07 Building Orientation. 23H.07.01 Urban Cross Section. Every parcel with frontage on the Monon Greenway must have at least one building elevation that whieh fronts on the Greenway. 23H.08 Building Height. 23H.08.01 Urban Cross Section. A. Minimum Height: Two (2) stories IF elevation has included building elements that impart human scale over 80% of the length of the greenway eg. awnings, covered walks and porticos. If a 3 floor exists, the building must step back one story for 20', or one structural bay, whichever is greater. If no bulding elements impart human scale, the minimum shall be one story, but a 2ns story may step back to the Chapter 23H: Monon Greenway Overlay Zone 23H -4 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE 1 structural bay, or 20' whichever is greater, and again for the next floor. To the far side of a proposed project, the building height should not be more than 1 story taller than neighboring existing buildings. If not, the same step backs shall apply to the facade on the far side of the proposed project. B. Maximum Height: Forty -two feet (42'). However, additional building height may be permitted with each twelve fcct (12') farads stcp back forth Conway. I would like to see a 42' limit to building heights stated only. 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. 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. (state a 75 Indy does this) 23H.10.02 Large ff ti t blank facades are not allowed. by-All e va ons all exhibit variety through inclusion of architectural elements such as windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels, canopies and covered walkways or recesses. When used, they shall be arranged in a balanced, relatively uniform fashion. r example a grouping of openings on one part of a building might balance out a large opening on the far end of an elevation. Faux window openings and special masonry coursing may be used in service areas, especially areas where rooftop skylighting is designed. 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. OR Design elements of the elevation shall be organized such that openings line up horizontally and vertically with other openings. For example, window sills of the same height windows typically align horizontally with other same sized windows on a given floor, and windows of the same width align vertically with other windows of the same width on other floors of a building. Openings of varying sizes are often centered vertically along the center line of openings above or below them. 23H.10.04 When applicable, retail storefronts shall be have one evation oriented along the Greenway on the first floor of the building, except for pe rian 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 06 -08 -2007 a CITY OF CARMEL ZONING ORDINANCE (move up to 10.01) r\. 23H.10.06 Large expanses of glass are allowed, but the buil ing may not be constructed entirely of a metal and glass curtain wall. (move up to 10.01) 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.10.09 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. OR (from US 31 overlay) 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 -five (25) feet, whichever is greater. 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 on both sides of in the Greenway Right -of- Way, per the standards of the City and Carmel Clay Parks. Maximum e. cing between trees shall be fifty feet (50') at street crossings and other greenway interruptions, a typical spacing of 30' o.c., and a minimum e€ N thirty fcct (30') spacing and species as determined by the Urban orester. (ok with Scott B.) B. 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 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 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 Chapter 23H: Monon Greenway Overlay Zone 23H -6 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE 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 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 (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 tha t is not visible from the Greenway and any adjoining residential zones or uses usin lls, 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. 23H.12.04 The maximum height of light standards in parkin eas shall not exceed the building height, or twenty -five (25) feet, which ever is le s. en light standards abut or fall within ninety (90) feet of single family residential prop rti 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 Chapter 23H: Monon Greenway Overlay Zone 23H -7 Draft 06 -08 -2007 CITY OF CARMEL ZONING ORDINANCE Greenway: 23H.13.01 Prohibited signs: A. Ground Signs which orient themselves to the Monon Greenway. B. All other signs specified in Section 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 Par 'ng. However, the required number of bicycle parking spaces in the Overlay shall be doubl 23H.14.03 Parking areas shall be set back not less than cix fcct (6')20 t behind the Greenway Build -to Line. 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 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 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. Chapter 23H: Monon Greenway Overlay Zone 23H -8 Draft 06 -08 -2007 tl 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 -9 Draft 06 -08 -2007 10 v-t m 711 2_.00 .7* Carmel Chamber Singular Focus, Shared Success July 24, 2007 MEMORANDUM To: Business Issues Committee Joy Stafford, Dave Coots, Tom Dapp, Nick Kestner, John Leppert, Leeann Murray, David O'Malia, John Schuler, Frank Whelan, Jeff Worrell From: Mo Re: Draft of Monon Overlay Input for Committee Following is a draft of bulleted items representing our suggestions regarding the Monon Greenway Overlay Zone. We will send our suggestions to Mike Hollibaugh for inclusion in the committee discussion. Please let me know your thoughts no later than this Friday, 27 July. Thanks. Overall, the Chamber supports the creation of an overlay zone for the Monon Greenway and the inclusion of areas for business participation. Section 23H.02.02. The "less than" 35% dimensional and quantitative standards for all aspects is inflexible and defeats the overall purpose of a variance. If a proposal meets all other requirements for a variance, it shouldn't matter. Section 23H02.02A. The test should be that a proposal for variance "not detract" from the overall Development Plan rather than "enhance" it. Section 23H.02.02C. If a proposal meets all other requirements for a variance, why should it exhibit the subjective "extraordinary" site design characteristics? Section 23H.05.01. Maximum Build -to -Line. With proper landscape screening, why not allow parking? Section 23H.06.01 C. Trail Connections. "Shall be designed in accordance with an approved Development Plan, Carmel Clay Parks and the Alternative Transportation Coordinator." Does this imply approval from the Parks Board? We would suggest that another approval not be required. 23H.06.02. Trail Connections. Again, an additional approval body appears to be designated. Pick either the Director of Carmel Clay Parks or the City of Carmel Alternative Transportation Coordinator, not and/or. What if they don't agree? 23H.08 Building height in Urban Cross Section. Is 42 feet three stories? Section 23H.09.01. Although the promotion of use of the trail for bicycling to work is commendable, the installation of shower facilities is a very expensive requirement for developers, both to construct and to maintain. Additionally, what facility would employees of companies with buildings under 15,000 square feet utilize? We'd suggest the consideration of a facility that could be jointly used by a variety of employees in the area. Section 23H10.01. "significant component" is subjective. The more specific the directions, the easier for businesses to comply. Section 23H.10.03. "coordinated composition" is subjective terminology. Section 23H.10.07. Can we confirm whether the outer edge of the awning has to comply with the setback requirement? Additionally, "if they complement a building's architectural style" is pretty subjective. Section 23H.11.01. Preservation Requirements. Where are the Monon Greenway covenants recorded? Why is approval from the Director of Carmel Clay Parks and not the City's Urban Forester? Section 23H.11.02. Preservation Requirements. Again, why not the Urban Forester's approval? Section 23H.11.03 B. Can this number of plantings actually thrive in only 5' width? Section 23H.11.03 E. This is a subjective and difficult task. Section 23H.13.01. We would oppose the blanket prohibition of ground signs. Both the wall sign and the projecting sign requirements are very small, particularly in proportion to the facade. Accommodation for utilities is not mentioned in the overlay. They should be specified and included. Page 1 of 2 Mo Merhoff From: David (Walla [xubigsix @yahoo.com] Sent: Sunday, July 15, 2007 5:29 PM i To: DCoots @sbcglobal.net Cc: Mo Merhoff Subject: Overlay zones Dave: The following are my comments from review of the drafts of the referenced ordinances. I do not have much experience with overlay zones or their history and many of my comments may be "old news but here are my thoughts: Monon Greenway Overlay Zone" Section 23H.02.02: The "less than" 35% dimensional and quantitative standards for all aspects seems a bit inflexible and defeats the overall purpose of a variance. If a proposal meets all other requirements for a variance, it should not matter. Section 23H.02.02A: This may be anathema to the planners, but instead of a requirement that a proposal for variance "enhance" the overall Development Plan, I think that the "test" should be that it not "detract from" the overall Development Plan. Section 23H.02.02C: If a proposal meets all other requirements for a variance, why must it exhibit the subjective and higher standard of "extraordinary" site design characteristics? I noted the same requirement in the Meridian Street Corridor Overlay draft. Section 23H.06: I am not sure that I understand what a "cross section" is. Whatever it is, why should it have to meet higher standards than the trail itself? Section 23H.09.01: Why would a building have to have a shower in it? Section 23H.10.07: Do they include the awning within the setback requirement? In other words, does the outer edge of the awning have to comply with the setback requirement? Section 231113.01: I question the desirability of having a blanker prohibition against ground signs. US Highway 421 Michigan Road Corridor General: I am not that familiar with this area or the existing ordinance. It would be helpful to have an idea as to what is "new" under the draft. It is my sense that only a very small strip runs through Clay Township. That being the case, are the existing ordinance and the proposed revisions sensitive to the competitive needs of the businesses in the corridor as relates to other businesses to the northwest in Boone County and southeast in Marion County? That is, would businesses in the corridor be at a competitive disadvantage because the Boone and Marion County portions have more liberal rules? Section 23C.02: Why are only residential structures and lots platted before 1980 exempt? Why not commercial? Section 25C.14.06: As an example, what would the ordinance require of the shopping center on the northeast corner of 106th Street and 421 if a tornado were to level it? Would any rebuilding have to be in compliance with the ordinance? This could conflict with existing lender and lease obligations and could complicate insurance claims. 7/18/2007 Page 2 of 2 U. S. Highway 31: I did not have much time to review it, but note some of the same concerns as with the 421 overlay zone. Yahoo! oneSearch: Finally, mobile search that gives answers, not web links. 7/1 8/2007 Page 1 of 2 Keeling, Adrienne M From: Ron Judy Hagan [rl72jf @sbcglobal.net] Sent: Monday, June 18, 2007 8:17 PM To: Keeling, Adrienne M Cc: Karen Bohn; Forwarding E -mail, Carter, Ron E; Westermeier, Mark Subject: Monon Overlay clarifications Adrienne, I have a couple of questions after reviewing the overlay in preparation for the Plan Commission Public Hearing. Section 23H.05 Building setback minimum how do we get around the potential for development to end up in a row a minimum of 12' off the Greenway in the Urban Section or 30' in the Rural Section? The question is how to get development to move up to and back from the Greenway and not become a channel. How get development to "undulate Not a planning term, but I don't know how else to describe. Would a percentage of the whole urban length work better? Such as not more than 40% of total development at 12', then 40% at 20', and 20% at 30' so that we end up with permanent structures moving noticeably up to and back from the Greenway but not a monolithic monotonous line a min. of 2 stories high. City Center itself has a master plan of various footprints but the other smaller properties are a concern. Could. ari "urban facade foot print line" be established along the Monon Greenway? Sat is "horizontal movement of the building facade Under Trail Specs 23H.06 The Urban Cross Section is wider than a 33' half in some areas through town where railroad sidings existed. That wider right of way should be master planned to accomodate park and plaza areas with trees. Shouldn't the language be consistent for urban and natural Trail connections "C I know you were working on that one. I don't know that the Park Director or Alt. Tranportation Coord. wants to "design" but they need final approval of any connection. How is dual path actually accomplished in areas outside City Center? The concept is to have a Greenway Travel Way with parallel paths for local /slower users. The parallel paths should be on the developers property not the Greenway ROW. The Urban Cross Section Trail Width does not seem to allow for landscape or separation between main greenway and dual side paths. The dual paths could be narrower than 10' in some places. They should be located beyond the ditches within the development to serve as "collector paths" for the greenway. Is this section mainly addressing City Center cross section? If so, perhaps two urban sections need to be described. We need better info about drainage in the whole Greenway area. Are legal drain maps available? For example, where is drainage from Bazbeaux's and the townhouses going since -it is clear whatever ditching was there is gone or is underground? j O i ponsi biQA The Landscaping Section needs some additional thinking through. Is it clear that the Park Director has approval of the Greenway design and landscaping in the Urban Cross Section? It refers to re- design or re- construction of the Greenway. What role does the CRC play in re- design or reconstruction if the Park Dept has to manage and maintain it? It strikes me in rereading that the urban trail specs may be in conflict with the urban cross section landscape requirements. The Monon covenants part is a little confusing.... preservation is a requirement of the covenants urban or rural. The landscaping provisions under "General Requirements" probably make more sense up under "Landscaping 11.03 H could be clearer as to Park Director approval of changes in the Greenway itself vs Plan Commission /DOCS approval of landscape changes outside the Greenway. The Park Dept has to operate and maintain the Greenway so they have to have final approval of changes affecting that responsibility. 6/19/2007 Page 2 of 2 I still need to check out Bufferyard D requirements. I hope that the lighting standards do not result in the over -lit look of Main Street. Light should be directed down. Fixtures can serve their purpose and provide security but still control light spillage. We've done lighting well in the US 31 Corridor with the exception of "that lighthouse thing" north of Ritz Charles. Central Park lighting fixtures seems to be working well also. I know this is a work in progress. It helped to put it away for awhile and then take another look. Comments from others? See you Tuesday night! Judy 6/19/2007 Keeling, Adrienne M From: Kevin Heber [kevin @indianatrails.org] Sent: Monday, June 11, 2007 3:52 PM To: Keeling, Adrienne M Subject: Re: Monon Overlay, updated draft Thanks, Adrienne. Regarding 23H.06.01. Can we make the language flexible such that the 36' width can accommodate landscaping if desired? In other words, the three throughways are still 36' total but have the option of being delineated by landscaping or other non treadable buffering devices. Also, have you determined how this would impact the Justin Moffit (sp development? Would we want to see if Council could ask them to conform retroactively (assuming Overlay lags in approval)? thx Kevin Quoting "Keeling, Adrienne M" <AKeeling@carmel.in.gov CCAT, Attached is an updated draft based on your and others' comments last week. With the exception of changing "Trail" to "Greenway changes to the previous draft have been tracked. Ron, I think I was able to catch most of the changes you jotted down, but let me know if I missed something. Not reflected in this draft, but still in the works are 1) language to include Cool Creek North Trail, and 2) re- organization of the chapter to group the Urban vs Natural requirements. I will make these changes at the Plan Commission level. The Plan Commission was mailed a copy on Friday in preparation for the public hearing on June 19th. Since this is the first draft they've seen (except Kevin), their version is not red -lined to show the previous draft. Thanks for all of your comments; I will keep you updated as this progresses. Adrienne 1 Page 1 of 1 Keeling, Adrienne M From: Judith F. Hagan [judyhagan @indy.rr.com] Sent: Monday, May 08, 2006 9:55 AM To: Keeling, Adrienne M Cc: Forwarding E -mail, Carter, Ron E; Westermeier, Mark; Karen Bohn; Ryg, Karyn Subject: Monon Overlay Follow Up Flag: Follow up Due By: Tuesday, May 09, 2006 12:00 AM Flag Status: Red Adrienne, Been thinking about the Monon Overlay and have some suggestions to offer for purpose and intent section. "The purpose and intent is to protect the physical integrity of the Monon Trail and its ballast foundation and drainageways; comply with the Monon Trail easement covenants as they pertain to the natural character and existing vegetation of the trail and its protection." Do you know what the set back is north of Broad Ripple on the east side of the Monon where the townhouses front the trail? It looks like a comfortable distance. We can drive down and measure if you like. A retaining wall was installed but it appears to be out of the drainage way and clearly left the trees along the trail. Looks lots better than 136th St. I hope that builder has not made those units less attractive by being too close. Pd also like to see a tree alley included in currently open areas. That goes back to the urban cross section but could have application in the natural areas to improve natural setting. The tree alley could be at edge of the new "Monon Right of Way Not monoculture but a variety of trees species in the natural area. The Monon is really a street of a kind. I am not sure I care about 23X.09 Building Requirments. I think some of that will take care of itself. I was trying to shorten the whole Overlay document but that may not be possible. When could we run down and measure the Broad Ripple location? Judy Judith F. Hagan Clay Township Trustee 10701 N. College Ave. Ste B Indianapolis, IN 46280 317 846 -2773 317- 846 -0744 fax judyha an(h),indy.JT.com 5/11/2006