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HomeMy WebLinkAboutAffidavit of Aangelina V ConnSTATE OF INDIANA SS: COUNTY OF HAMILTON IN THE HAMILTON SUPERIOR COURT CAUSE NO. 29D03- 0805 -MI -565 MIDWEST HOSPITALITY GROUP, INC., and MOTELS OF CARMEL, LLP, Petitioners, Honorable David K. Najjar, Special Judge v. THE CITY OF CARMEL, and THE CARMEL PLAN COMMISSION, Respondents. AFFIDAVIT OF ANGELINA V. CONN Angelina V. Conn, being first duly sworn upon her oath, deposes and states as follows: 1. I am more than eighteen (18) years of age, am competent to testify to the facts stated herein, and have first -hand knowledge of such facts. 2. I am a planning administrator with the Department of Community Services (DOCS) of The City of Carmel, and in that capacity I provide staff services to The Carmel Plan Commission "Commission which services include coordinating the review of each pending application and submitting a Department Report regarding each application on behalf of DOCS to the Commission members. 3. Attached hereto as Exhibit A is a table that lists the ten motels that have been approved for construction since 1986 within Carmel's U.S. 31 Overlay Zone, along with the dates that they were approved by the Commission and aerial photographs or site plans that accurately depict each building' s orientation to the highway. 4. Attached hereto as Exhibit B is a copy of a U.S. Highway 31 Corridor Overlay Zone amendment that took effect on June 7, 1999, page 5 of which shows that there were no provisions in Section 23B.8 of the Carmel /Clay Zoning Ordinance "Ordinance as of that date which regulated the orientation of buildings to the highway. 5. Attached hereto as Exhibit C is a copy of a U.S. Highway 31 Corridor Overlay Zone amendment that took effect on May 5, 2000, page 5 of which shows the initial inclusion of provisions in Section 23B.8 of the Ordinance as of that date which regulated the orientation of buildings to the highway, namely the two sentences which read: Zone amendment that took effect on August 16, 2004, page 5 of which shows the continued inclusion of the two sentences (adding references to the "I -465, Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors in Section 23B.8 of the Ordinance which are set forth above in paragraph 5. It should also be noted that the pages contained in said Exhibit D correspond to the following pages in the Commission's Return to the Writ of Certiorari: CARMEL 0000327 -42. I affirm, under the penalties of perjury, that the foregoing representations are true. Dated: VeP/0 Aff -avc The purpose of this section is to provide site design requirements that align buildings along the edges of a parcel, towards the public right -of -way of the U.S. 31 Corridor, and, where applicable, the Pennsylvania/Illinois Street Corridors. It is the intent of these regulations to orient new buildings with their longest axis parallel to the adjoining highway or street to create a sense of enclosure along the streets, with parking located to the rear, and, if necessary, to the side of a building. 6. Attached hereto as Exhibit D is a copy of a U.S. Highway 31 Corridor Overlay _A' n t2Jf V Angelina V. Conn MOTELS IN U.S. 31 OVERLAY ZONE IN CARMEL, IN NAME ADDRESS DOCKET NO. APPROVED BLDG ORIENTATION TO US 31 Radisson Hotel (Wyndham Garden Hotel) 251 East Pennsylvania Pkwy 31 -89 ADLS 6/20/1989 parallel to 1 -465 Jameson Inn (Signature Inn) 10201 N. Meridian St 27 -96 ADLS 5/8/1996 perpendicular Courtyard by Marriott 10290 N Meridian St 98 -87 DP /ADLS 10/20/1987 parallel Doubletree Guest Suites (Picket Suite Hotel) 11355 North Meridian St 64 -88 ADLS 6/7/1988 entry faces us 31. but bldg length is perpendicular Residence Inn 11895 N Meridian St 61 -00 DP /ADLS 4/18/2000 perpendicular Springhill Suites 11855 N. Meridian St 61 -00 DP /ADLS 4/18/2000 perpendicular Renaissance Hotel 11925 North Meridian St 6080014 DP /ADLS 10/17/2006 parallel and perpendicular Hampton Inn 12197 N Meridian St 4 -99 DP Amend /ADLS 3/16/1999 perpendicular Hilton Garden Inn 13090 Pennsylvania St 97 -01 DP /ADLS 10/16/2001 parallel Hotel Indigo NEC 131st St US 31 08080020 ADLS 3/17/2009 parallel i,Y Ex hi b.+ 130 AN ORDINANCE TO AMEND THE PROVISIONS OF THE CARMEL CLAY ZONING ORDINANCE WHICH RELATE TO THE U.S. HIGHWAY 31 OVERLAY ZONE WHEREAS, the City of Carmel and Clay Township, pursuant to a joinder agreement adopted under the Township Joinder law (IC 36 -7-4 -1200 et seq.), have caused to be prepared a comprehensive plan for the City and Township, is known and referred to as the 2020 Vision Comprehensive Plan; and WHEREAS, the 2020 Vision Comprehensive Plan was approved and recommended by the Carmel Clay Plan Commission on August 20, 1996, and duly approved by resolution of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Common Council finds that, after giving due consideration to the general policy and pattern of development set out in the Comprehensive Plan for that part of the community commonly known as the Meridian Corporate Corridor, it is reasonable and necessary to promote and accommodate the orderly growth and development of the City and Township by providing that a Development Plan is required for the development of real property within such Corridor; and WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel and Clay Township by establishing development requirements that must be satisfied before the Carmel Clay Plan Commission may approve a Development Plan for real property in such Corridor; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36 -7-4 -600 et seq. and IC 36 -7 -4 -1400 et seq. and after having a received a favorable recommendation from the Carmel Clay Plan Commission, it hereby adopts this Ordinance to restate and amend Section 23B (U S Highway 31 Overlay Zone) of the Carmel/Clay Zoning Ordinance Z -289, as amended, to read as follows: 23B.0 U.S. HIGHWAY 31 OVERLAY ZONE 23B.0.1 Purpose, Intent and Authority: The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 31 (also known as the Carmel Meridian Corridor) in Clay Township, Hamilton County, Indiana. The Commission and Council, in establishing this zone, are relying on IC 36 -7 -4 -600 et seq. and IC 36 -7 -4 -1400 et seq. This zoning district is, likewise, intended to serve as a tool for implementing the development policies and guidelines set for the Corridor in the Comprehensive Plan. U.S. Highway 31 is a limited access highway and an important entrance corridor to Carmel and Clay Township. The U.S. Highway 31 Corridor is a premier office location and employment center whose viability, quality, and character are important to the community as a whole, adjacent residents, employees, business owners, and taxing districts. Therefore, it is the further purpose of the U.S. Highway 31 Overlay Zone to preserve the aesthetic qualities of those bordering properties through (1) the promotion of coordinated development in the U.S. Highway 31 Overlay Zone; (2) the establishment of high standards for buildings, landscaping, and other improvements constructed on the properties within the U.S. 1 1998 US 31 Overlay Amendment Color.doc ORDINANCE 3 3 y 23B.2 Commission Review: 1998 US 31 Overlay Amendment Color.doc Highway 31 Overlay Zone which permit innovative site designs and at the same time encourage efficient land usage; and (3) the establishment of development requirements which will encourage substantial capital investments for the development of those properties and promote the quality, scale, and character of development consistent with the Corridor's existing and planned uses. 23B.1 District Boundaries: The boundaries of the U.S. Highway 31 Overlay Zone are hereby established as shown on the Zoning Map. The U.S. Highway 31 Overlay Zone generally includes an area six hundred (600) feet on either side of the right -of -way for U.S. Highway 31 in Clay Township, Hamilton County, Indiana, extending from the north right -of -way line of 96th Street to the south right -of -way line of 146th Street. Where the proposed or constructed Illinois Boulevard, and Pennsylvania Parkway parallel roads are further than six hundred (600) feet from the U.S. Highway 31 right -of -way, the Overlay Zone is intended to include all properties between the U.S. Highway 31 right -of -way and the parallel roads A. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone. Except as provided in paragraph E, a public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. However, no DP is required for additions to existing residential structures which: (1) are attached to the existing residence; (2) follow a similar architectural design; (3) do not exceed forty percent (40 of the existing structure, and (4) meet with requirements of the underlying primary zoning district. B. The Commission shall review a DP application to determine if the DP satisfies the development requirements specified in Sections 23B.3 through 23B.8. The Commission's review shall include but not be limited to the following items: (1) Existing site features, including topography and wooded areas; (2) Zoning on site; (3) Surrounding zoning and existing land use; (4) Streets, curbs and gutters, sidewalks, and bicycle paths; (5) Access to public streets; (6) Driveway and curb cut locations in relation to other sites; (7) General vehicular and pedestrian traffic; (8) Vehicle and bicycle parking facilities and internal site circulation; (9) Special and general easements for public or private use; (9) On -site and off -site surface and subsurface storm and water drainage including drainage calculations; (10) On -site and off -site utilities; (11) The means and impact of sanitary sewage disposal and water supply techniques; (12) Dedication of streets and rights -of -way, or reservation of land to be sold to governmental authorities for the future development of streets and rights -of -way; 2 Clinic or medical health center College or University Financial Institution General Offices Home Occupation Hospital Hotel, Motel Insurance Office Meeting or Party Hall Nursing, retirement or convalescent facility Office building Professional Office Radio or television studio Recording Studio Research laboratory Restaurant Stadium, auditorium, or coliseum Travel service bureau Utility company business office (13) Provision for adequate and acceptable setbacks, site landscaping and screening, and compatibility with existing platted residential uses; (14) Outside storage areas; (15) Protective restrictions and/or covenants; (16) Effects any proposed project may have on the architectural character of the U.S. Highway 31 Corridor; and (17) Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan. C. The Commission shall make written findings concerning each decision to approve or disapprove a DP. The President of the Commission shall be responsible for signing the written findings of the Commission. D. An amendment to a DP which does not alter the use of any land may be reviewed and approved by a committee of the Commission according to the rules of the Commission. However, any interested party may appeal the decision of the committee directly to the Commission. E. Commission review and approval of the site layout and circulation, architectural design, landscaping, lighting, signage, and access to the property (ADLS) pursuant to Sections 23B.9 through 23B.15 shall be necessary prior to: (1) the establishment of any use of land; (2) the issuance of any Improvement Location Permit; (3) the erection, reconstruction or structural alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or (4) any changes in any site improvements. F. A committee of the Commission may review and approve any ADLS application, according to the rules of procedure of the Commission. However, any interested party may appeal the decision of the committee directly to the Commission. 23B.3 Permitted Uses: All uses which are permitted in the underlying primary zoning district(s), except the uses expressly excluded by Section 23B.5, are permitted in the U.S. 31 Overlay Zone. In addition, the following uses are permitted in the U.S. 31 Overlay Zone whether or not the ar permitted in the underlying primary zoning district(s): 1998 US 31 Overlay Amendment Color.doc 3 amusement park; automobile sales or leasing; automobile service station or filling station; boat sales; bulk storage of petroleum products; car wash; carnivals, fairs, circuses commercial warehouse storage; disposal or storage of hazardous or radioactive materials; equipment sales or repair, fast food restaurants; drive -thru window food sales; flea market; garbage disposal plant/sanitary landfill; fertilizer manufacturing; go -cart track; grain elevator; industrial uses heavy, junk and/or salvage yard; Commercial kennel; Manufactured housing sales; miniature golf, mobile home court; movie theater (indoor outdoor); penal or correctional institution; plant nursery; reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety, and welfare of the general public as determined by the State of Indiana, Hamilton County or the City refining or manufacturing of petroleum products refining or manufacturing asphalt, cement, gypsum, lime, wood preservatives; retail uses comprising more than fifteen percent (15 of the DP', (must conform to Paragraph B, below)." roadside sales stand; parking lot or outdoor temporary sales sand and gravel extraction or sales; self storage/mini- warehouse facilities; sexually oriented business; single family residence; small engine sales or repair; stock yards, slaughtering, leather curing and tanning; truck stop; water slide. 23B.4 Permitted Special Uses: All special uses which are permitted (upon obtaining a special use approval from the Board) in the underlying primary zoning district(s), except the uses expressly excluded by Section 23B.5, are permitted in the U.S. Highway 31 Overlay Zone. 23B.5A. Excluded Uses: 23B.5 Retail Uses: Retail Uses may be included in one or more buildings within a DP, subject to the following: (1) Retail Uses may comprise up to fifteen percent (15 of the buildable square footage of any building; or, (2) Up to thirty percent (30 of the buildable square footage of one building may be retail uses, provided that: (a) Total square footage designated in the development plan which contain said building does not exceed fifteen percent (15 of all buildings; or, (b) Provided that retail uses over fifteen perce t (15 of any one building be located on the ground floor or below grade. (3) The Commission may, in its discretion, allow for the thirty percent (30 retail use to be Floors other than ground or below grade, if any development plan exhibits extraordinary site design, landscaping treatment, or site amenities or features, or that includes above or below -grade parking facilities. 23B.6 Accessory Buildings and Uses: All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted, except that any attached or detached accessory building in any DP shall have on all sides the same building proportions, architectural 4 1998 US 31 Overlay Amendment Color.doc features, construction materials, and in general be architecturally compatible with the principal building(s) with which it is associated. 23B.7 Minimum Tract Size: A. Except as provided in Paragraph C, the minimum area covered by a DP within the U.S. Highway 31 Overlay Zone must be 217,800 square feet (5 acres). B. If a tract is located both inside and outside of the U.S. Highway 31 Overlay Zone, a DP shall be submitted to the Commission for the entire tract to be developed. C. All tracts to be developed in the U.S. Highway 31 Overlay Zone shall contain a minimum area of 217,800 square feet (5 acres). However, if a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot "Undersized Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that: (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot size then in effect for a lot in the underlying primary zoning district(s); (2) The owner of the Undersized Lot must include, up to the minimum tract size, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the Effective Date or at the time of application which, if combined with the Undersized Lot, would create a tract which conforms, or more closely conforms, to the minimum tract size requirements of this Paragraph; and (3) All other development requirements applicable to the U.S. 31 Overlay Zone can be met. D. Section 23B.7 does not preclude the sale or other transfer of any parcel of land within a tract after the approval of a Development Plan (DP) for the entire tract. However, the development of the parcel must still conform to the DP for the entire tract as approved or amended by the Commission, and all other applicable requirements contained in the Zoning Ordinance. 23B.8 Height and Area Requirements. 23B.8.1 Maximum Building Heights: As specified in the underlying primary zoning district(s), except as follows: A. B -5 District Between I -465 and 131 Street: eighty (80) feet, except that the maximum height may not exceed forty percent (40 of the distance from any S -2 or R -1 residential property line. B. B -6 District All uses, between I -465 and 131 Street: one hundred fifty (150) feet, except that the maximum height may not exceed forty percent (40 of the distance from any S -2 or R -1 residential property line. 23B.8.2 Minimum Building Height: All uses, two (2) stories or twenty -five (25) feet, whichever is 1998 US 31 Overlay Amendment Color.doc 5 less. 23B.8.3 Front Yard Setback: A. Front Yard Setback is measured from road/highway right -of -way line. B. All principal buildings shall be located on either the U.S. 31 Front Yard, or the parallel road front yard setback line. C. U.S. HIGHWAY 31 FRONT YARD MAXIMUM MINIMUM All uses 90 feet 90 feet D. PARALLEL ROADS FRONT YARD MAXIMUM MINIMUM Buildings 35 feet tall or less 20 feet 10 feet Buildings greater than 35 feet tall 20 feet 20 feet 23.B.8.4 Minimum Side and Rear Yards: A. Forty -five (45) feet when located adjacent to residentially zoned or used land. B. Fifteen (15) feet when located adjacent to business uses or business zoned land 23B.8.5 Minimum Parcel Width: For all uses, the parcel width shall equal or exceed that amount which is one -half (1/2) the depth of the parcel. However, if a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said parcel or lot does not contain the minimum width required by this Paragraph, said parcel or lot "Undersized Lot may be used for any use permitted in the U.S. Highway 31 Overlay Zone provided that: A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot width then in effect for a lot in the underlying primary zoning district(s); B. The owner of the Undersized Lot must include, up to the minimum parcel width, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the Effective Date or at the time of application which, if combined with the Undersized Lot, would create a parcel which conforms, or more closely conforms, to the minimum parcel width requirements of this Paragraph, and C. All other development requirements applicable to the U.S. 31 Overlay Zone can be met. 23B.8.6 Minimum Gross Floor Area: All buildings shall have a minimum of fifteen thousand 15,000 square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). Accessory buildings permitted need not meet the minimum floor area requirement. The intent of this minimum gross floor area requirement is to preclude small, freestanding buildings and uses not in character with the Corridor. 1998 US 31 Overlay Amendment Color.doc 6 238.8.7 Maximum Parcel Coverage and Density: A. Maximum Parcel Coverage shall be sixty -five percent (65 of any parcel covered by a DP. However, the Commission may, in its discretion, allow Parcel Coverage up to seventy percent (70 for any DP that exhibits extraordinary site design, landscaping treatment, or site amenities or features, or that includes above or below -grade parking facilities. B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of a building or buildings on any parcel by the area of such parcel. However, the Commission may, in its discretion, allow a Floor Area Ratio up to 1.0 for any DP that exhibits extraordinary site design, landscaping treatment, or site amenities or features, or that includes above or below -grade parking facilities. 23B.9 Architectural Design Requirements: In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 31 Overlay Zone, factors to be considered by the Commission shall include but not be limited to the following: A. Scale and proportion: All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1. B. Suitability of building materials: A minimum of three materials shall be used for building exteriors, from the following list: stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal. C. All buildings shall be designed with a minimum of eight external corners, in order to eliminate monotonous box buildings. D. Building penthouses must be incorporated into the building facade design, including exterior materials specifications. E. Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. 23B.10 Landscape Requirements. 23B.10.1 Landscaping Plan: A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan (1) shall be drawn to scale, including dimensions and distances; (2) shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures; and (3) shall delineate the location, size and description of all landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the 1998 US 31 Overlay Amendment Color.doc 7 Landscape Plan for the entire tract. 23B.10.2 Areas to be Landscaped. A. Greenbelt: (1) The greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 23B.10.3 as well as per the U.S. 31 Corridor Master Plan. (2) Greenbelt areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures (excluding a private parking area). Mounding and other innovative treatments are to be especially encouraged in this area. Pedestrian walkways and bikeways are encouraged to be incorporated into the greenbelt. B. Parallel Roadways (1) There shall be landscape planting areas located adjacent to the Range Line Road extension, Illinois Boulevard and Pennsylvania Parkway rights -of -way, shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 23B.10.3, and the recommendations of the U.S. 31 Corridor Master Plan. (2) These landscape areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures. C. Planting Adjacent to Buildings: (1) A planting area equal to an area measuring twenty -five (25) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed along building facades that face U.S. 31. (2) A planting area equal to an area ten (10) feet in depth by the remaining sides of the building shall be installed on all other sides of the building(s). (3) Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not occupy the entire area on any side of the building(s). (4) If an approach driveway cuts into a planting area displaced by the driveway, additional area shall be added to the building perimeter planting. (5) These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped; innovative and original designs are encouraged. D. Parking Lot Perimeter Planting: There shall be a peripheral landscaping strip five (5) feet in depth located along the side of any private parking area which abuts any side or rear property line. E. Planting Within Parking Lots: All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area, representing no less than six percent (6 of the total surface parking area. Landscaping within parking lots shall occur in any combination of planting islands, planting peninsulas and entranceways, and provide not less than one (1) tree and ten (10) shrubs for each four hundred (400) square feet of interior landscaped area. (For purposes of this computation, landscaping in the greenbelt(s), adjacent to the building(s) and on the periphery of the tract shall not be included.) 1998 US 31 Overlay Amendment Color.doc 8 F. Entry Drives: Same planting unit standards as on parallel roads. 23B.10.3 Landscaping Standards. G. Side Yard Landscaping: Planting unit shall include one (1) canopy tree, one (1) ornamental tree, and two (2) evergreen trees per one hundred (100) lineal feet. H. Landscape Buffering Adjacent to Residential Areas: Bufferyard width and planting specifications shall occur per the Commission guidelines for landscape buffering I. Total Landscaping Required: Inclusive of the greenbelt, the planting adjacent to the building(s), the peripheral planting, and the planting within parking lots, a minimum of fifteen percent (15 of the tract shall be landscaped. A. Interior Areas: The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide B. Greenbelt: Landscape design within the greenbelt areas shall be consistent with design concepts in the U.S. 31 Corridor Master Plan. The primary landscaping materials used in the greenbelt areas and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground covers, grasses, and flowers. A base planting unit of one hundred (100) linear feet has been designated for the U.S 31 greenbelt which includes: Five (5) shade trees; Three (3) ornamental trees or three (3) evergreen trees; and Fifteen (15) shrubs. C. Illinois Boulevard, Range Line Road extension and Pennsylvania Parkway: A base planting unit of one hundred (100) linear feet has been designated for parallel roads which includes: Three (3) shade trees; Two (2) ornamental trees or two (2) evergreen trees; and Ten (10) shrubs. D. Parking Lot Perimeter Planting: The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity and low shrubbery, hedges, and other planting materials may be used to complement the landscaping, but shall not be the sole contribution to the landscaping. A base planting unit of one hundred (100) linear feet has been designated for this area which includes a two (2) shade trees and thirty (30) shrubs. E. Materials: All plants proposed to be used in accordance with any landscaping plan shall 1998 US 31 Overlay Amendment Color.doc 9 meet the following specifications: (1) Shade trees: a minimum trunk diameter of 2 1/2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. (2) Ornamental trees: a minimum trunk diameter of 1 1/2 inches at six (6) inches above the ground line, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. (3) Evergreen trees: a minimum height of eight (8) feet, a width of not less than 3/5 of the height. (4) Deciduous shrubs: Minimum height of twenty -four (24) inches, with no less than six (6) main branches upon planting. (5) Evergreen shrubs: Minimum height and spread of twenty -four (24) inches. F. Landscaping materials selected shall be appropriate to local growing and climate conditions 23B.10.4 Landscaping Installation and Maintenance. A. Installation: All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department. 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 agents to insure proper maintenance of project landscaping approved in accordance with the development requirements specified for this Overlay Zone. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. C. Changes After Approval: No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director in order to conform to specific site conditions. D. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23B.10.5 Tree Preservation: Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate them into the overall site design, including within greenbelt areas, plantings adjacent to buildings, and project buffering. Site design which includes tree preservation may make a project eligible for the density bonus as suggested in 23B.8.7. 1998 US 31 Overlay Amendment Color.doc 10 23B.11 Public Art: Public art will normally be expected as part of any development plan and shall be considered an integral part of the site design. Art shall be displayed in a location that is accessible to the public and visible from either U.S. Highway 31, Pennsylvania Parkway, Range Line Road, or Illinois Boulevard. The provision of a major piece of public art may make the project eligible for a site density bonus as suggested in 23B.8.7. 23B.12 Parking Requirements: A. Except as provided in Paragraph B, parking is prohibited between the U.S. 31 right -of- way and the front set -back line of the building. (1) Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas wherever possible. Pedestrian access to and through parking areas shall be provided in the DP along with bicycle parking and access. (2) The number of parking spaces required are established in Section 27, depending upon the zoning and intended land use. (3) There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. (4) Above grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) with which they are associated. B. The Commission may, in its discretion, allow a minimal number of visitor or handicapped parking spaces between the U. S. 31 greenbelt and the front yard line. 23B.13 Lighting Requirements: A. A site lighting plan shall be submitted along with the DP. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: (1) parking lot and service /storage area lighting; (2) architectural, display lighting; (3) security lighting; (4) lighting of pedestrian and bicycle ways; (5) landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The maximum height of light standards shall not exceed twenty -five (25) feet high, However, when light standards abut or fall within ninety (90) feet of a residential district or use, they shall not exceed fifteen (15) feet. D. All site pole lights and wall mounted lights shall be low- level, 90° cutoff luminaires and shall not spill over into adjoining properties in excess of 0.3 foot candles in commercial areas, and 0.1 foot candles in residential areas. 1998 US 31 Overlay Amendment Color.doc 11 23B.16 Other ADLS Requirements. 1998 US 31 Overlay Amendment Color.doc E. Exterior architectural, display, decorative and sign lighting visible to the public from either U.S. Highway 31, or the parallel roadways shall be generated from concealed light source, low level light fixtures. F. All lighting for pedestrian pathways, bicycle ways, parking lots and building entrances shall be a maximum of three (3) foot candles. 23B.14 Bicycle and Pedestrian Access: The DP shall include specific provisions for accommodating pedestrian and bicycle access, circulation and amenities into the development. This shall include design considerations related to the site and its own parking, buildings and amenities as well as consideration for linking pedestrian and bicycle facilities and features to adjacent development, the U.S. 31 Corridor, and the community's overall system of bicycle and pedestrian trails and routes. 23B.15 Access to Individual Tracts: As U.S. Highway 31 is a limited access highway, and as access to individual tracts along this highway is either not in existence or not clearly defined in many cases, access roads will need to be built. In order to preserve the aesthetic benefits provided by the greenbelt, access roads shall be provided at the rear of all tracts, whenever possible. Access roads to contiguous tracts shall be coordinated so as to form one main access road serving adjoining developments. These roads should be designed so as to funnel traffic onto major arterial roads rather than into residential areas and roads that may adjoin or be near this Overlay Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular access, greenbelt design and parking. 23B.16.1 Outside Storage of Refuse: No outside, unenclosed storage of refuse (whether or not in containers) or display of merchandise shall be permitted on any tract. All refuse shall be contained completely within the principal or accessory building(s). Any accessory structure designed for refuse storage shall be architecturally compatible with the principal building. 23B.16.2 Loading Berths: Loading berth requirements shall be specified in the underlying primary zoning district(s), except that any loading or unloading berth or bay shall not be visible from U.S. Highway 31 and, when visible from a public right -of -way be screened per Commission approval. 23B.16.3 Additions to Existing Residential: Uses and detached structures accessory to single family dwelling units are permitted provided that the use and /or structure meets the requirements of the underlying primary zoning district. Additionally, any detached structure must: A. be of compatible architectural design with the principal structure; B. be set back thirty (30) feet from the right -of -way line nearest to and running most parallel with U.S. Highway 31; and 12 C. be accompanied by adequate adjacent landscaping. 23B.17 Application Procedure. 23B.17.1 Consultation with Director and Application: Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall submit two (2) copies of the written application form; two (2) copies of the DP and/or the required information on architectural design, landscaping, parking, signage, lighting and access (ADLS), as well as all necessary supporting documents and materials. Filing fees shall not be required for applications for additions to residential housing required to be reviewed under this Section 23B. 23B.17.2 Initial Review; Submission to the Commission: Following the receipt of the written application, DP and/or the required information on architectural design, landscaping, parking, signage, lighting and access (ADLS), and necessary supporting documents and/or materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. Within twenty (20) days of the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission, according to the Commission's Rules of Procedure. The applicant shall file for each Commission member a copy of the DP and/or ADLS plans and supporting documents and/or materials. 23B.17.3 Approval or Denial of the Application by the Commission: A. An approved DP or ADLS petition shall be valid for two (2) years from the date of approval. If construction of the building(s) has (have) not started at the end of the two (2) year period, the DP and/or ADLS request must be re- submitted to the Commission. B. If the DP and/or ADLS plans is (are) materially changed in any way, resubmission to the Commission per Section 23B.2 is required. C. If an ADLS petition is denied by the Commission, the Commission shall provide the applicant with a written copy of said reasons, if requested. 23B.17.4 Reservation of Land for Pending State Highway Improvements: A. In addition to the development requirements specified in Sections 23B.3 through 23B.8, a 13 1998 US 31 Overlay Amendment Color.doc B. Whenever an applicant believes that the reservation of such land as required by Paragraph A would result in the loss of all reasonable and beneficial use of or return from the applicant's property, then the applicant may request an Economic Hardship Exception from the terms of Paragraph A. Upon receipt of a request for an Economic Hardship Exception, the Commission shall hold a public hearing on such request. The hearing may not be held until at least ninety (90) days after the applicant has notified the Commissioner of the Indiana Department of Transportation of the proposed DP as described above in Paragraph A. In determining whether to grant an Economic Hardship Exception, the Commission may consider the following criteria: (1) the applicant's knowledge of the State's plans at the time of acquisition; (2) the current level of economic return on the property, including the date of purchase, the purchase price, income from the property, any remaining mortgage debt, real estate taxes, and recent appraisals of the property; (3) any recent offers for sale or purchase, including offers to purchase which the State itself may have made; (4) the feasibility of profitable alternative uses for the property; and (5) whether the State can reasonably be expected to provide just compensation to the applicant for any taking of the applicant's property within one (1) year from the date of the Commission's decision. DEFINITIONS DP must reserve for acquisition by the State of Indiana all land that the State expects to need for pending improvements to U.S. Highway 31, as shown on plans developed for the Indiana Department of Transportation by the consulting firm Bernardin, Lochmueller and Associates. An applicant must notify in writing the Commissioner of the Indiana Department of Transportation of any proposed DP that includes land within the projected right -of -way for those pending improvements. C. An applicant for an Economic Hardship Exception must prove by clear and convincing evidence both (1) that the existing use (if any) of the applicant's property is economically infeasible; and (2) that, if the terms of Paragraph A are applied to the property, the sale, rental, or rehabilitation of the property will not be possible, resulting in the property not being capable of earning any reasonable economic return. The Commission's decision must be in writing and must contain the factual findings that constitute the basis for its decision, consistent with the criteria in Paragraph B. D. This Section 23B.17.4 expires December 31, 2002. DEVELOPMENT PLAN. A specific plan for the development of real property that is submitted for Plan Commission approval showing proposed facilities and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and buildings information for a site. A development plan may include only parcels that are contiguous and not separated by the right -of -way of any highway in the state highway system. 1998 US 31 Overlay Amendment Color.doc 14 PASSED by the Common Council of the City of Carmel, Indiana this 2" day of 1999, by a vote of ,5 ayes and n nays. ATTEST: Diana L. Cordray, IAMC, Cl: surer e City of Carmel, Indiana the 7t -day of Presented by me to the Mayor ATTEST: 1999. Diana L. Cordray, IAMC, Clerk- urer Approved by me, Mayor of the City of Carmel, Indiana, this 7/6 day of 2 u4k f 1999. COMMON COUNCIL FOR THE CITY OF CARMEL Diana L. Cordray, IAMC, Clerk -T urer ci Sny• r, President N.L. l�d 4:67x, Bil13//W es Brainard, Mayor AN ORDINANCE TO AMEND THE PROVISIONS OF THE CARMEL CLAY ZONING ORDINANCE WHICH RELATE TO THE U.S. HIGHWAY 31 OVERLAY ZONE WHEREAS, the City of Carmel and Clay Township, pursuant to a joinder agreement adopted under the Township Joinder law (IC 36 -7-4 -1200 et seq.), have caused to be prepared a comprehensive plan for the City and Township, which plan was prepared by HNTB Corporation and is known and referred to as the 2020 Vision Comprehensive Plan; and WHEREAS, the 2020 Vision Comprehensive Plan was approved and recommended by the Carmel Clay Plan Commission on August 20, 1996, and duly approved by resolution of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Carmel Clay Plan Commission had prepared a Comprehensive Plan Amendment, which dealt specifically with issues of the U.S. Highway 31 Corridor, and created policies and objectives to better position the Corridor for future development; and WHEREAS, the Comprehensive Plan Amendment was approved and recommended by the Carmel Clay Plan Commission on June 17, 1997, and duly approved by resolution of the Common Council on July 7, 1997, and C Ordinance No. Z -340 WHEREAS, which Common Council finds that, after giving due consideration to the general policy and pattern of development set out in the Comprehensive Plan and the 1997 Comprehensive Plan Amendment, for that part of the community commonly known as the Carmel Meridian Corridor, it is reasonable and necessary to promote and accommodate the orderly growth and development of the City and Township by providing that a Development Plan is required for the development of real property within such Corridor; and WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel and Clay Township by establishing development requirements that must be satisfied before the Carmel Clay Plan Commission may approve a Development Plan for real property in such Corridor; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36 -7-4 -600 et seq. and IC 36 -7 -4 -1400 et seq. and after having a received a favorable recommendation from the Carmel Clay Plan Commission, it hereby adopts this Ordinance to restate and amend Section 23B (U.S. Highway 31 Overlay Zone) of the Carmel/Clay Zoning Ordinance Z -289, as amended, to read as follows: 23B.0 U.S. HIGHWAY 31 OVERLAY ZONE 23B.0.1 PURPOSE, INTENT AND AUTHORITY: The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 31 (also known as the Carmel Meridian Corridor) in Clay Township, Hamilton County, Indiana. The Commission and Council, in establishing this zone, are relying on IC 36 -7-4 -600 et seq. and IC 36 -7-4 -1400 et seq. This zoning district is, likewise, intended to serve as a tool for implementing the development policies and guidelines set for the Corridor in the Comprehensive Plan. U.S. Highway 31 is a limited access highway and an important business corridor to the City of Carmel and Clay Township. The U.S. Highway 31 Corridor is a premier office location and employment center whose viability, quality, and character are important to the community as a whole, adjacent residents, employees, business owners, and taxing districts. Therefore, it is the further purpose of the U.S. Highway 31 1 Overlay Zone to preserve the aesthetic qualities of those bordering properties through: (1) the promotion of coordinated development in the U.S. Highway 31 Overlay Zone; (2) the establishment of high standards for buildings, landscaping, and other improvements constructed on the properties within the U.S. Highway 31 Overlay Zone which permit innovative site designs and at the same time encourage efficient land usage; and (3) the establishment of development requirements which will encourage substantial capital investments for the development of those properties and promote the quality, scale, and character of development consistent with the Corridor's existing and planned uses. 23B.1 DISTRICT BOUNDARIES: The boundaries of the U.S. Highway 31 Overlay Zone are hereby established as follows: A. Beginning at north right -of -way line of 96th Street and extending to the north right -of -way line of Interstate Highway 465, the boundary shall follow the centerlines of Spring Mill Road on the west and College Avenue on the east. B. Beginning at north right -of -way line of Interstate Highway 465 and extending to the south right of -way line of 131` Street, the boundary shall follow the centerlines of the proposed or constructed parallel roads, namely Pennsylvania Street on the east, and Illinois Street (and Meridian Corners Boulevard) on the west. C. From the south right -of -way line of 131" Street to the south right -of -way line of 146 Street, or the southern boundary of any TIF District that is contiguous to 146 Street, the boundary shall, (unless otherwise shown on the official Zoning Map) include all land that is within six hundred (600) feet of the right -of -way for U.S. Highway 31. 23B.2 COMMISSION REVIEW: A. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone. B. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: (1) 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 underlying primary zoning district; and (4) Do not exceed twenty percent (20 of the original gross floor area of the existing structure, applicable from the date of this ordinance, and, (5) Have received a prior ADLS approval from the Plan Commission. C. The Commission shall review a DP application to determine if the DP satisfies the development requirements specified in Sections 23B.3 through 23B.8. The Commission's review shall include but not be limited to the following items: (1) Existing site features, including topography and wooded areas; (2) Zoning on site; (3) Surrounding zoning and existing land use; (4) Streets, curbs and gutters, sidewalks, and bicycle paths; (5) Access to public streets; (6) Driveway and curb cut locations in relation to other sites; (7) General vehicular and pedestrian traffic; 2 (8) Vehicle and bicycle parking facilities and internal site circulation; (9) Special and general easements for public or private use; (10) On -site and off -site surface and subsurface storm water drainage including drainage calculations; (11) On -site and off -site utilities; (12) The means and impact of sanitary sewage disposal and water supply techniques; (13) Dedication of streets and rights -of -way, or reservation of land to be sold to governmental authorities for future development of streets and rights -of -way; (14) Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses; (15) Project signage; (16) Protective restrictions and/or covenants; (17) Compatibility of proposed project with existing development within the U.S. Highway 31 Corridor; and (18) Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan, including the Thoroughfare Plan. D. The Commission shall make written findings concerning each decision to approve or disapprove a DP. The President of the Commission shall be responsible for signing the written findings of the Commission. E. An amendment to an ADLS may be reviewed and approved by a committee of the Commission according to their Rules of Procedure. However, any interested party may appeal the decision of the committee directly to the Commission. F. Except as provided in paragraph 'B' above, for all projects in the U.S: Highway 31 Overlay Zone, the Commission shall review and approve the architectural design, landscaping, lighting, signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 23B.9 through 23B.15, and such approvals shall be necessary prior to: (1) The establishment of any use of land; (2) The issuance of any Improvement Location Permit; (3) The erection, reconstruction or structural alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or (4) Any changes in any site improvements. G. The Commission may, after a public hearing, grant a Plan Commission Waiver of certain Development Requirements of this Chapter, so noted within. Any approval to permit such a waiver shall be subject to the following criteria: (1) The proposal shall be in harmony with the purposes and the land -use standards contained in this Chapter; (2) The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods, and the overall U.S. 31 Corridor. (3) 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 and the U.S. 31 Corridor, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. (4) The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This paragraph does not affect the right of an applicant 3 Amusement park; Automobile sales or leasing; Automobile service station or filling, station; Boat sales; Bulk storage of petroleum products; Car wash; Carnivals, fairs, circuses Commercial warehouse storage; Disposal or storage of hazardous or radioactive materials; Equipment sales or repair, Fast food restaurants; drive -thru window food sales; Flea market; Garbage disposal plant/sanitary landfill; Fertilizer manufacturing; Go -cart track; Grain elevator, Hotel lnn Industrial uses heavy, Junk and/or salvage yard; Commercial kennel; Manufactured housing sales; Miniature golf, Mobile home court; Motel; Movie theater (indoor outdoor); Penal or correctional institution; Plant nursery; Reclaiming processes involving materials and/or chemicals that are considered dangerous by the State of Indiana, Hamilton County or the City Refining or manufacturing of petroleum products Refining or manufacturing asphalt, cement, gypsum, lime, wood preservatives; Retail uses comprising more than fifteen percent (15 of the DP, (must conform to 23B.5.2 below). Roadside sales stand; parking lot or outdoor temporary sales Sand and gravel extraction or sales; Self storage/mini- warehouse facilities; Sexually oriented business; Single- family residence; Small engine sales or repair, Stock yards, slaughtering, leather curing and tanning; Truck stop; Water slide. under Indiana law to petition the Board for a variance from development standards, as provided in IC 36 -7-4 -918.5 and this Zoning Ordinance. 23B.3 PERMITTED USES: All uses which are permitted in the underlying primary zoning district(s), except the uses expressly excluded by Section 23B.5, are permitted in the U.S. 31 Overlay Zone. In addition, Office Buildings and Full Service Hotels are permitted in the U.S. 31 Overlay Zone between the north right -of -way line of I-465 and 136 Street, whether or not they are permitted in the underlying primary zoning district(s). 23B.4 PERMITTED SPECIAL USES: There shall be no special uses permitted in the U.S. Highway 31 Overlay Zone. 23B.5.1 EXCLUDED USES: 23B.5.2 RETAIL USES: Retail Uses may be included in one or more buildings within a DP, subject to the following: A. Retail Uses may comprise up to: (1) fifteen percent (15 of the Gross Floor Area (GFA) of any building; or, (2) Up to thirty percent (30 of the GFA of one building may be retail uses, provided that: (a) Total square footage of retail uses designated in the development plan does not exceed fifteen percent (15 of the GFA of all buildings combined; or, (b) Retail uses over fifteen percent (15 of the GFA of any one building be located on the ground floor or below grade. B. The Commission may grant a waiver to allow retail use to be located on floors other than ground or below grade, pursuant to the criteria found in Section 23B.2.G. 4 23B.5.3 RETAIL USES LISTED: For purposes of this Section 23B.5, all uses permitted in the B -8 District (Section 19.1) except for uses permitted in the B -5 District (Section 16.1) shall be considered retail uses. 23B.6 ACCESSORY BUILDINGS AND USES: All Accessory. Buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted, except that any attached or detached Accessory Building m any DP /ADLS shall have on all sides the same building proportions, architectural features, construction materials, and in general be architecturally compatible with the Principal Building(s) with which it is associated. 23B.7 MINIMUM TRACT SIZE: A. Except as provided in Paragraph C, below, the minimum area covered by a DP within the U.S. Highway 31 Overlay Zone must be 217,800 square feet (5 acres). B. If a Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone, a DP shall be submitted to the Commission for the entire tract. Wherever there exists a conflict between the requirements of the underlying zoning and those of the U.S. 31 Overlay Zone, the requirements for the U.S. 31 Overlay Zone shall prevail. C. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot "Undersized Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that: (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot size then in effect for a lot in the underlying primary zoning district(s); (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a street or public way) owned or owned by an affiliate on or before the Effective Date or at the time of application which, if combined with the Undersized Lot would create a parcel which conforms, or more closely conforms, to the requirements of this Paragraph; and (3) All other requirements applicable to the U.S. 31 Overlay Zone can be met. D. Section 23B.7 does not preclude the sale or other transfer of any parcel of land within a Parent Tract after the approval of a Development Plan (DP) for the entire tract. However, the development of the parcel must still conform to the DP for the Parent Tract as approved or amended by the Commission, and all other applicable requirements contained in the Zoning Ordinance. 23B.8 HEIGHT AND YARD REQUIREMENTS. The purpose of this section is to provide site design requirements that align buildings along the edges of a parcel, towards the public right -of- way of the U.S. 31 Corridor, and, where applicable, the Pennsylvania/Illinois Street Corridors. It is the intent of these regulations to orient new buildings with their longest axis parallel to the adjoining highway or street to create a sense of enclosure along the streets, with parking located to the rear, and, if necessary, to the side of a building. 5 23B.8. 1 BUILD -TO- LINES: A. Except as allowed in "B" below, all Principal Buildings shall be located on the U.S. 31 Corridor Build -to -Line, defined in 'C' below. B. For Development Plans on Through Lots with two or more Principal Buildings (buildings), up to one -half (1/2) of the buildings may be placed on the Pennsylvania/Illinois Corridor Build -to- line instead of the U.S. 31 Build -to -line. C. Dimensional requirements for Build -to -lines shall be measured from the highway or street Right -of -way line: (1) U.S. 31 Corridor: ninety (90) feet (2) Pennsylvania/Illinois Corridor: twenty (20) feet D. Principal Buildings that are also located adjacent to any arterial or parkway (e.g. 96 Street or 116 Street) shall be sited consistent with the Building Setback Line of the underlying zoning. 23.B.8.2 MINIMUM SIDE AND REAR YARDS: A. Forty-five (45) feet when located adjacent to any residential use or zone. B. Fifteen (15) feet when located adjacent to business use or business zone. 23B.8.3 BUILDING HEIGHT: As specified in the underlying primary zoning district(s), except as follows: A. MINIMUM BUILDING HEIGHT: (1) All uses along U.S. 31; thirty-eight (38) feet. (2) All uses along Pennsylvania/Illinois corridors, or adjoining arterial/parkway; twenty -six (26) feet. B. MAXIMUM BUILDING HEIGHTS: As specified in the underlying primary zoning district(s), except as follows: (1) B -5 District Between 1-465 and 131" Street: eighty (80) feet, except that the maximum height may not exceed forty percent (40 of the distance from any residential use or zone. (2) B -6 District All uses, between I-465 and 131` Street: one hundred fifty (150) feet, except that the maximum height may not exceed forty percent (40 of the distance from any residential use or zone. (3) Maximum height for all buildings along Pennsylvania Street and Illinois Street frontages shall be fifty -five (55) feet. 23B.8.4 MINIMUM PARCEL WIDTH: For all uses, the parcel width shall equal or exceed that amount which is one -half (1/2) the depth of the parcel. However, if a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said parcel or lot does not contain the minimum width required by this Paragraph, said parcel or lot "Undersized Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that: A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot width then in effect for a lot in the underlying primary zoning district(s); B. The owner of the Undersized Lot must include, up to the minimum parcel width, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or 6 before the Effective Date or at the time of application which, if combined with the Undersized Lot, would create a parcel which conforms, or more closely conforms, to the minimum parcel width requirements of this Paragraph, and C. All other Development Requirements applicable to the U.S. 31 Overlay Zone can be met. 23B.8.5 MINIMUM GROSS FLOOR AREA: All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). Accessory Buildings permitted need not meet this minimum floor area requirement. The intent of this minimum gross floor area requirement is to preclude small, freestanding buildings and uses not in character with the Corridor. 23B.8.6 MAXIMUM PARCEL COVERAGE AND DENSITY: A. Maximum Parcel Coverage shall be sixty -five percent (65 of any parcel covered by a DP. B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of a building or buildings on any parcel by the area of such parcel. 23.B.8.7 WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this section, 23.B.8, by not greater than thirty -five (35) percent, consistent with requirements set forth in Section 23B.2.G. 23B.9 ARCHITECTURAL DESIGN REQUIREMENTS: In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 31 Overlay Zone, factors to be considered by the Commission shall include but not be limited to the following: A. Context: All buildings shall be designed with respect to the general character of the U.S. 31 Corridor and, particularly, with due consideration to buildings located on lots that abut the project site. B. Scale and proportion: All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1. C. A minimum of three materials shall be used for building exteriors, from the following list: stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal. Large expanses of glass are allowed, up to 70% of the facade area. The building may not be constructed entirely of a metal and glass curtain wall. Concrete block is not allowed as an exterior finish material. D. All buildings shall be designed with a minimum of eight external corners, in order to eliminate box buildings. E. Building penthouses must be incorporated into the building facade design, including exterior materials specifications. F. Sloped roofs shall not exceed one hundred (100) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. G. Exhibits. The following architectural exhibits shall be provided to the Commission in addition 7 to normal submission requirement of any DP or ADLS application: (1) A Site Plan showing the proposed building in the context of adjoining buildings, including buildings across U.S. 31. (2) Perspective computer enhanced color renderings showing the proposed building, signage, parking areas (shown loaded) and any displays within the context of the actual existing site conditions, including how it will look from any adjoining residential areas, as well from as three locations, whose distance is no less than 300 linear feet away, nor more than 1000 linear feet away (from the property line), along U.S. 31: (a) U.S. 31 Southbound lane (b) Immediately across the highway, from approximately first floor level (c) U.S. 31 Northbound lane (3) Golden section analysis, providing building elevations which define how the proposed building has been designed utilizing the proper ratio. H. WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this section, 23.B.9 by not greater than thirty -five (35) percent, consistent with requirements set forth in Section 23B.2.G. 23B.10.1 LANDSCAPING PLAN: A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan shall: A. Be drawn to scale, including dimensions and distances; B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures; C. Delineate the location, size and description of all plant material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral /coordinated part of the Landscape Plan for the entire lot. 23B.10.2 LANDSCAPE AREA REQUIREMENTS A. Greenbelt: (1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 23B.10.3.B (2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces, bike paths, lighting standards, signs, and other similar structures (excluding a private parking area). Mounding and other innovative treatments are to be encouraged in this area. (3) A base planting unit for each one hundred (100) linear foot increment of the Greenbelt has been designated, as follows: (a) Five (5) shade trees; (b) Three (3) ornamental trees; (c) Fifteen (15) shrubs or, three (3) evergreen trees; B. Planting Strip: (1) A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to any Collector or Arterial Street, or Parkway right -of -way within the U.S. 31 Overlay Zone. (2) Adjacent to an Entry Drive. Minimum width ten (10) feet. (3) Adjacent to any parking area, minimum width as follows: (a) 5' wide when adjacent to business zoned property. 8 (b) 15' wide when adjacent to residential use or zoned property. (4) The planting strip shall be unoccupied except for plant material, steps, terraces, driveway and pathway crossings, lighting standards, signs, benches, and other similar structures. (5) The base planting unit for planting strips shall be as follows: (a) Adjacent to Parallel Collector /Arterial Roadways, for each one hundred (100) linear foot increment: (i) Three (3) shade trees (ii) Two (2) ornamental trees (ii) Ten (10) shrubs (b) Adjacent to entry drives: Same planting unit standards as for Parallel Collector /Arterial Roadways, above. (c) Adjacent to parking areas: per Appendix "A Perimeter Buffering C. Planting Adjacent to Buildings: (1) A planting area equal to an area measuring twenty -five (25) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed along building facades that face U.S. 31. (2) A planting area equal to an area ten (10) feet in depth by the remaining sides of the building shall be installed on all other sides of the building(s). (3) Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not occupy the entire planting area on any side of the building(s). (4) If an approach driveway or sidewalk cuts into a planting area, the area displaced by the driveway or sidewalk shall be added to the building perimeter planting. (5) These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped; innovative and original designs are encouraged. D. Planting Within Parking Lots: A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking. -See Section 23B.10.3.B for minimum planting area requirements. E. Side/Rear Yard Landscaping: Planting unit shall occur per paragraph "F" below. F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Appendix "A Perimeter Buffering. G. Total Landscaping Required: Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and the planting within parking lots, a minimum of fifteen percent (15 of the project area shall be landscaped. 23B.10.3 LANDSCAPING INSTALLATION AND MAINTENANCE. A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: (1) Shade trees: 2 1/2 inch caliper, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. (2) Ornamental trees: 1 1/2 inch caliper a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. (3) Evergreen trees: A minimum height of eight (8) feet. (4) Deciduous shrubs: A minimum height of twenty -four (24) inches, and no less than six (6) main branches upon planting. 9 (5) Evergreen shrubs: A minimum height and spread of twenty -four (24) inches. B. The dimensions, specifications and design of any planting area or planting median shall be as follows: (1) Shade Trees: 9 feet wide (2) Ornamental Trees: 7 feet wide (3) Shrubs (only): 5 feet wide C. Landscaping materials selected shall be appropriate to local growing and climate conditions D. Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. 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 not yet installed, prior to the issuance of the Final Certificate of Occupancy. E. Maintenance: It shall be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with the Overlay Zone requirements. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. F. Changes After Approval: No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director in order to conform to specific site conditions. G. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23B.10.4 PROTECTION OF EXISTING TREES: Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate them into the overall site design. The landscape plan must preserve not less than 70% of all trees that are: A. 9" DBH or larger, and B. located within the Greenbelt, Planting Strips and perimeter buffering. 23B.10.5 WAIVERS. The Plan Commission may grant a waiver to the dimensional and quantitative standards of this section, 23.B.10, by not greater than thirty-five (35) percent, consistent with requirements set forth in Section 23B.2.G. 23B.11 PUBLIC ART: Public art that is included as part of a development plan shall be displayed in a location that is visually accessible to the public and visible from either U.S. Highway 31, Pennsylvania Street, Range Line Road, or Illinois Street/Meridian Corners Boulevard. 23B.12 PARKING REQUIREMENTS: A. Except as provided in Paragraph B, there shall be no (0) parking between the U.S. 31 right -of- way and the front build -to line of the building. 10 (1) The required number of parking spaces is established in Section 27.0, depending upon the zoning and intended land use. (2) There shall be an appropriate number of parking spaces reserved for use by handicapped individuals, per State and Federal requirements. (3) Direct, articulated pedestrian access shall be provided from the street to the building's primary entrance (4) A bicycle parking area should be provided for each building. (5) Above grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) with which they are associated. B. WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this section, 23.B.12, by not greater than thirty -five (35) percent, consistent with requirements set forth in Section 23B.2.G. 23B.13 LIGHTING REQUIREMENTS: A. A site lighting plan shall be submitted along with any DP or ADLS plan. The site lighting plan shall include the type, standards, layout, spread intensity of all site lighting, including: (1) parking lot and service/storage area lighting; (2) architectural display lighting; (3) security lighting; (4) lighting of pedestrian and bicycle ways; (5) architectural and landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The maximum height of light standards shall not exceed the building height proposed, or twenty five (25) feet, whichever is less. However, when light standards abut or fall within ninety (90) feet of a residential use, they shall not exceed fifteen (15) feet. D. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level light fixtures. E. The average illumination for site lighting shall be a maximum of three (3) foot candles. F. All site lighting shall be designed to not exceed 0.3 -foot candles at the property line in business or manufacturing districts, and 0.1 -foot candles at the property line of adjoining residential uses. G. WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this section, 23.B.13, by not greater than thirty-five (35) percent, consistent with requirements set forth in Section 23B.2.G. 23B.14 BICYCLE AND PEDESTRIAN ACCESS: The DP shall include specific provisions for incorporating pedestrian and bicycle access, circulation and amenities into the development. Such bicycle and pedestrian access considerations shall include linking pedestrian and bicycle facilities to adjacent development, the overall U.S. 31 Corridor, and, the Carmel community's overall system of bicycle and pedestrian trails and routes. 11 23B.15 ACCESS TO INDIVIDUAL TRACTS: As U.S. Highway 31 is a limited access highway, and as access to individual tracts along this highway is either not in existence or not clearly defined in many cases, access roads will need to be built. In order to preserve the aesthetic benefits provided by the greenbelt, access roads shall be provided at the rear of all tracts, whenever possible. Access roads to contiguous tracts shall be coordinated so as to form one main access road serving adjoining developments. These roads should be designed so as to funnel traffic onto major arterial roads rather than into residential areas and roads that may adjoin or be near this Overlay Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular access, greenbelt design and parking. 23B.16.1 OUTSIDE STORAGE OF REFUSE: Unenclosed storage of refuse (whether or not in containers) or display of merchandise shall not be permitted on any project. All refuse shall be contained completely within the Principal Building or Accessory Building. Any Accessory Building for refuse storage shall be: A. Designed to include a roof structure; and B. Architecturally compatible with the Principal Building. 23B.16.2 LOADING AND UNLOADING AREAS: Loading and Unloading Berths or Bays shall be designed as specified in the underlying primary zoning district(s), except that any Loading and Unloading Berth or Bay shall not be oriented to U.S. Highway 31. Loading and Unloading Berths or Bays oriented toward any other public right -of -way, shall be landscaped/screened using masonry wall(s), plant material, or a combination thereof, subject to Commission approval. 23B.16.3 ADDITIONS TO EXISTING RESIDENTIAL: Uses and Detached Buildings accessory to single family dwelling units are permitted provided that the use and/or structure meets the requirements of the underlying primary zoning district. Additionally, any detached structure: A. Must be of compatible architectural design with the Principal Building; B. Must be set back a minimum of thirty (30) feet from the right -of -way line nearest to and running most parallel with U.S. Highway 31; and be accompanied by the minimum applicable perimeter buffer per Appendix A. C. WAIVERS. The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this section, 23B.16.3, by not greater than thirty -five (35) percent, consistent with requirements set forth in Section 23B.2.G. 23B.17 APPLICATION PROCEDURE. 23B.17.1 CONSULTATION WITH DIRECTOR AND APPLICATION: Applicants shall meet with the Director to review the zoning classification of their site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Director shall aid and advise the applicant in preparing his application and supporting documents as necessary. The applicant shall submit two (2) copies of the written application form; two (2) copies of the DP and/or the required information on architectural design, landscaping, parking, signage, lighting and access (ADLS), as well as all necessary supporting documents and materials. Filing fees shall not be required for applications for additions to residential housing required to be reviewed under this Section 23B. 12 23B.17.2 INITIAL REVIEW; SUBMISSION TO THE COMMISSION: Following the receipt of the written application, DP and/or the required information on architectural design, landscaping, parking, signage, lighting and access (ADLS), and necessary supporting documents and/or materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the applicant of the deficiencies in said materials. Unless and until the Director formally accepts the application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. Within twenty (20) days of the formal acceptance of the application by the Director, he shall formally file the application by placing it upon the agenda of the Commission, according to the Commission's Rules of Procedure. The applicant shall file for each Commission member a copy of the DP and/or ADLS plans and supporting documents and/or materials pursuant to the Commission Rules of Procedure, Article VII, Section 4. 23B.17.3 APPROVAL OR DENIAL OF THE APPLICATION BY THE COMMISSION: A. An approved DP or ADLS petition shall be valid for two (2) years from the date of approval. If a full and complete application for an Improvement Location Permit (ILP) has not been submitted at the end of the two (2) year period, the DP and/or ADLS request must be re- submitted to the Commission for a time extension. B. If the DP and/or ADLS plan is materially changed in any way, resubmission to the Commission per Section 23B.2 is required. C. If an ADLS petition is denied by the Commission, the Commission shall provide the applicant with a written copy of said reasons, if requested. 23B.17.4 RESERVATION OF LAND FOR PENDING STATE HIGHWAY IMPROVEMENTS: A. In addition to the development requirements specified in Sections 23B.3 through 23B.8, a DP must reserve for acquisition by the State of Indiana all land that the State expects to need for pending improvements to U.S. Highway 31, as shown on plans developed for the Indiana Department of Transportation by the consulting firm Bernardin, Lochmueller and Associates for the Major Investment Study (1997), or, as shown on plans from the Parsons Transportation Group prepared for the Environmental Impact Study. An applicant must notify in writing the Commissioner of the Indiana Department of Transportation (INDOT) of any proposed DP that includes land within the projected right -of -way for those pending improvements. B. Whenever an applicant believes that the reservation of such land as required by Paragraph A would result in the loss of all reasonable and beneficial use of or return from the applicant's property, then the applicant may request an Economic Hardship Exception from the terms of Paragraph A, pursuant to the Plan Commission Rules of Procedure. C. Upon receipt of a request for an Economic Hardship Exception, the Commission shall hold a public hearing on such request. The hearing may not be held until at least ninety (90) days after the applicant has notified the Commissioner of INDOT of the proposed DP as described above in Paragraph A. In determining whether to grant an Economic Hardship Exception, the Commission may consider the following criteria: (1) the applicant's knowledge of the State's plans at the time of acquisition; (2) the current level of economic return on the property, including the date of purchase, the 13 purchase price, income from the property, any remaining mortgage debt, real estate taxes, and recent appraisals of the property; (3) any recent offers for sale or purchase, including offers to purchase which the State itself may have made; (4) the feasibility of profitable alternative uses for the property; and (5) whether the State can reasonably be expected to provide just compensation to the applicant for any taking of the applicant's property within one (1) year from the date of the Commission's decision. D. An applicant for an Economic Hardship Exception must prove, by clear and convincing evidence, both: (1) that the existing use (if any) of the applicant's property is economically infeasible; and (2) that, if the terms of Paragraph A are applied to the property, the sale, rental, or rehabilitation of the property will not be possible, resulting in the property not being capable of earning any reasonable economic return. The Commission's decision must be in writing and must contain the factual findings that constitute the basis for its decision, consistent with the criteria in Paragraph C. 14 BUFFERYARD SINGLE FAMILY DUPLEX MULTI FAMILY ACTIVE RECREATION INSTITIUTIOAL OFFICE; RETAIL WAREHOUSE; LT. INDUSTRY HEAVY INDUSTRY COLLECTOR STREET PARKWAY (Prim. or Sec.) ARTERIAL (Prim. or Sec.) EXPRESSWAY OR INTERSTANTE HIGHWAY SINGLE FAMILY B C C D D D 0 0 C D 0 D DUPLEX C A C B B C C D B D D D MULTI- FAMILY C C B B B C C D C D D D ACTIVE D B B A C C C C B D D D INSTITUTIONAL; D B B C A A C C B 0 0 D OFFICE; RETAIL D C C C A A C 0 B 0 D D WAREHOUSE; 0 C C C C C A B B D D D HVY. INDUSTRY D 0 D C C D B B B 0 D D BUFFERYARD MINIMUM YARD WIDTH SIDE REAR SHADE TREES ORNAMENTAL TREES SHRUBS' A 5' 10' 3 2 9 B 5' 10' 3 3 15 C 10' 20' 3 4 21 D 15' 25' 5 5 27 Perimeter Buffering A. Perimeter buffering shall be located along the side and rear lot lines of a lot/parcel and shall extend the entire length of the side and rear lot lines. B. Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the public right -of -way, per the Tables below. C. Perimeter buffering shall not be located within any portion of a dedicated public street right -of- way, private street right -of -way, or County legal drain easement. D. Existing vegetation may be used to achieve project buffering if: (i) the vegetation located upon the subject parcel is of a quality and state of health to achieve buffering, and, (ii) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. E. BUFFERYARD DETERMINATION. To determine the applicable bufferyard requirements: (1) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use category of the proposed project use. (2) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use(s) of the adjoining property (s), or identify the street classification adjoining the proposed use by referring to the Official Thoroughfare Plan of Carmel Clay Township. (3) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the TABLE FOR BUFFERYARD DETERMINATON. RMINATION APPENDIX 'A' F. Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment. *Evergreen trees may substitute in Lieu of shrubbery, on a 1:3 basis (1 conifer equals three shrubs) 15 3.0 DEFINITIONS Repeal the following definition: HOTEL OR MOTEL. A building offering temporary housing to the public for compensation, which is available to transient guests and in which no individual cooking facilities are provided. Insert the following definitions: HOTEL: Any building or group of buildings containing five (5) or more rooms without direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee, often with a common kitchen and dining room facilities provided within the building or an accessory building, and which caters to the traveling public. HOTEL, FULL SERVICE: A commercial building or buildings with guest rooms for sleeping, a common kitchen, and a full service dining room to provide meals for paying guests, a 24 hour reception desk, a lobby, and conference rooms with a minimum of forty (40) square feet of conference room per guest room. The rooms shall be primarily designed for and occupied by transients renting them on a daily basis and usually staying less than 7 days. Recreational amenities shall be included within the hotel, or within three hundred (300) feet (walking distance) of the hotel. INN: An establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short -term rent (less than 30 consecutive days) to tenants, in which rooms are furnished for the accommodations of such guests, which may have as an accessory use one or more dining rooms, and which may include individual kitchen facilities MOTEL: Any building or group of buildings containing five (5) or more rooms with direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee, often with a common kitchen and dining room facilities may be provided within the building or an accessory building, and which caters to the traveling public. BUILD -TO LINE: A line appearing on the development plan, stated as the setback dimension from the right -of -way along which a building facade must be placed. DEVELOPMENT REQUIREMENTS. Development standards, plus any additional requirements specified in this ordinance which must be satisfied in connection of the approval of a subdivision or development plan PARENT TRACT. A tract of land described by metes and bounds, the description of which has been recorded in the office of the Hamilton County Recorder of Deeds and which existed prior to the date of adoption of this ordinance. FLOOR AREA RATIO (FAR) A figure expressing the total gross floor area as a multiple of the area of a lot or parcel. This figure is determined by dividing the gross floor area of all buildings including basements, but not covered parking on a lot or parcel, by the area of that lot or parcel. 16 PA ED by the Common Council of the,City of Carmel, Indiana this Sf day of (1.! 2000, by a vote of s and nays. ATTEST: Diana L. Cordray, Clerk -Tr James Brainard, Mayor ATTEST: N.L. undle, Presi Diana L. Cordray, Clerk- Treasurer ent, Comm 'n Council Robert Battreall Presentee .y me to the Mayor of the City of Carmel, Indiana, this day of 2000, at o'clock. ti Diana L. Cordray, Clerk -Tre Approved by me, Mayor of the City of Carmel, Indiana, this day of 2000. 17 CERTIFICATION OF PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36 -7 -4 -605 TO AMEND THE PROVISIONS OF THE CARMEL /CLAY ZONING ORDINANCE WHICH RELATE TO THE U.S. HIGHWAY 31 OVERLAY ZONE ORDINANCE No. Z -340 TO: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel /Clay Plan Commission offers you the following report on the Ordinance Amendment Application filed by the U.S. 31 Task Force, Paul Spranger, Chairman, to amend the provisions of the Carmel /Clay Zoning Ordinance which relate to the U.S. Highway 31 Overlay Zone, Ordinance No. Z -340, copy attached. The Carmel /Clay Plan Commission's recommendation on the petition of the applicant is FAVORABLE. At its regularly scheduled meeting of April 18, 2000, the Carmel /Clay Plan Commission approved the requested Amendment by a vote of 14 in favor, none opposed. AT ST: mona Hancock, Secretary DATED: April 27, 2000 CARMEL /CLAY PLAN COMMISSION BY: David A. Cremeans, r sident RECEIVED APR 2 ?fl CARMEI. 'it Section 23B.00 amended per Ordinance No. Z- 453 -04, ,¢cv -cw. ExIli i+ D CARMEL CITY CODE CHAPTER 10: ZONING SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL /CLAY ZONING ORDINANCE CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE 23B.00 TJ S Highway 31 Corridor Overlay lone 23B.01 District Boundaries 23B.02 Commission Review 23B.03 Permitted TJses 23B.04 Special Uses 23B.05 UNTITLED. 23B.06 Accessory Buildings and I Jses 23B.07 Minimum Tract Size 23B.08 Height and Yard Requirements 23B.09 Architectural Design Requirements 23B.10 Landscaping Requirements 23B.11 Public Art 23B.12 Parking Requirements 23B.13 Lighting Requirements 23B.14 Bicycle and Pedestrian Access 23B.15 Access to Individual Tracts 23B.16 Additional Requirements 23B.17 Reservation of T, and for Pending State Highway Improvements Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -1 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vi CITY OF CARMEL ZONING ORDINANCE 23B.00 11.S. Higjiway 31 Corridor Overlay Zone 23B.00.01 Purpose, Intent and Authority The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 31 (also known as the Carmel Meridian Corridor) in Clay Township, Hamilton County, Indiana. The Commission and Council, in establishing this zone, are relying on IC 36 -7 -4 -600 et seq. and IC 36 -7 -4 -1400 et seq. This zoning district is, likewise, intended to serve as a tool for implementing the development policies and guidelines set for the Corridor in the Comprehensive Plan. U.S. Highway 31 is a limited access highway and an important business corridor to the City of Carmel and Clay Township. The U.S. Highway 31 Corridor is a premier office location and employment center whose viability, quality, and character are important to the community as a whole, adjacent residents, employees, business owners, and taxing districts. Therefore, it is the further purpose of the U.S. Highway 31 Overlay Zone to preserve the aesthetic qualities of those bordering properties through: (1) the promotion of coordinated development in the U.S. Highway 31 Overlay Zone; a, i rt t Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -2 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl CITY OF CARMEL ZONING ORDINANCE (2) the establishment of high standards for buildings, landscaping, and other improvements constructed on the properties within the U.S. Highway 31 Overlay Zone which permit innovative site designs and at the same time encourage efficient land usage; and (3) the establishment of development requirements which will encourage substantial capital investments for the development of those properties and promote the quality, scale, and character of development consistent with the Corridor's existing and planned uses. 23B.00.02 Plan Commission Approval A. Development Plan The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. See Section 24.02: Development Plan. B. Architectural Desig Exterior Lighting, Landscaping and Signage To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor Overlay Zone prior to the issuance of an Improvement Location Permit by the Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage. 23B.00.99 Application Procedure A. Development Plan See Section 24.99(A): Development Plan. B. Architechural Design Exterior Lighting, Landscaping and Signage (ADI S) See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23B.01 District Roundaries: The boundaries of the U.S. Highway 31 Overlay Zone are hereby established as follows: A. Beginning at north right -of -way line of 96 Street and extending to the north right -of -way line of Interstate Highway 465, the boundary shall follow the centerlines of Spring Mill Road on the west and College Avenue on the east. B. Beginning at north right -of -way line of Interstate Highway 465 and extending to the south right of -way line of 131 Street, the boundary shall follow the centerlines of the proposed or constructed parallel roads, namely Pennsylvania Street on the east, and Illinois Street (and Meridian Corners Boulevard) on the west. C. From the south right -of -way line of 131 Street to the south right -of -way line of 146 Street, or the southern boundary of any TIF District that is contiguous to 146 Street, the boundary shall, (unless otherwise shown on the official Zoning Map) include all land that is within six hundred (600) feet of the right -of -way for U.S. Highway 31. CITY OF CARMEL ZONING ORDINANCE 23B.02 Commission Review: A. Development Plan The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone. 1. The Commission shall hold a public hearing before it decides whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of the underlying primary zoning district; d. Do not exceed twenty percent (20 of the original gross floor area of the existing structure, applicable from the date of this ordinance, and, e. Have received a prior ADLS approval from the Commission. 2. The Commission shall review a DP application to determine if the DP satisfies the development requirements specified in Sections 23B.03 through 23B.08. The Commission's review shall include, but not be limited to, the following items: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Surrounding zoning and existing land use; d. Streets, curbs and gutters, sidewalks, and bicycle paths; e. Access to public streets; f. Driveway and curb cut locations in relation to other sites; g. General vehicular and pedestrian traffic; h. Vehicle and bicycle parking facilities and internal site circulation; i. Special and general easements for public or private use; j. On -site and off -site surface and subsurface storm water drainage including drainage calculations; k. On -site and off -site utilities; 1. The means and impact of sanitary sewage disposal and water supply techniques; m. Dedication of streets and rights -of -way, or reservation of land to be sold to governmental authorities for future development of streets and rights -of -way; n. Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses; o. Project signage; P. q. 2 Section 23B.02 amended per Ordinance No. Z- 453 -04, §cx -dh. Protective restrictions and/or covenants; Compatibility of proposed project with existing development within the U.S. Highway 31 Corridor; and, Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -3 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -4 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl (3) CITY OF CARMEL ZONING ORDINANCE r. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive Plan, including the Thoroughfare Plan. 3. Findings-of -Fact The Commission shall make written findings concerning each decision to approve or disapprove a DP. The President of the Commission shall be responsible for signing the written findings of the Commission. B. Architectural Design, Exterior Lighting, Iandscaping and SigpagP Except as provided in Paragraph (A)(1) above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission shall review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 23B.09 through 23B.15. 1. ADLS approval shall be necessary prior to: a. The establishment of any use of land; b. The issuance of any Improvement Location Permit; c. The erection, reconstruction or structural alteration of any building(s) in the U.S. Highway 31 Overlay Zone; or d. Any changes in any site improvements. 2. An amendment to an ADLS may be reviewed and approved by a committee of the Commission according to the Rules of Procedure. However, any interested party may appeal the decision of the committee directly to the Commission. C. Zoning Waiver. The Commission may, after a public hearing, grant a Plan Commission Waiver of certain Development Requirements of this Chapter, so noted within. Any approval to permit such a waiver shall be subject to the following criteria: (1) The proposal shall be in harmony with the purposes and the land -use standards contained in this Chapter. (2) The proposal shall enhance the overall Development Plan, the adjoining streetscapes and neighborhoods, and the overall U.S. 31 Corridor. 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 and the U.S. 31 Corridor, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. (4) The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, public art, provisions for bicycles and/or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Paragraph does not affect the right of an applicant under Indiana law to petition the Board for a variance from development standards, as provided in IC 36 -7 -4- 918.5 and this Zoning Ordinance. 23B.03 Permitted 11ses: All uses which are permitted in the underlying primary zoning district(s), except the uses expressly excluded by Appendix A: Schedule of Uses, are permitted in the U.S. 31 Overlay Zone. 23B.04 Special I Ises: There shall be no Special Uses permitted in the U.S. Highway 31 Overlay Zone. 23B.05 5 23B.05.01 Excluded Uses- See Appendix A: Schedule of Uses. 23B.05.02 Retail IJses• Retail Uses may be included in one or more buildings within a DP, subject to the following: A. Retail Uses may comprise up to: (1) Fifteen percent (15 of the Gross Floor Area (GFA) of any building; or, (2) Up to thirty percent (30 of the GFA of one building may be retail uses, provided that: (a) Total square footage of retail uses designated in the development plan does not exceed fifteen percent (15 of the GFA of all buildings combined; or, (b) Retail uses over fifteen percent (15 of the GFA of any one building be located on the ground floor or below grade. B. The Commission may grant a waiver to allow retail use to be located on floors other than ground or below grade, pursuant to the criteria found in Section 23B.02(G). 23B.06 Accessory Buildings and Uses: All Accessory Buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted, except that any attached or detached Accessory Building in any DP /ADLS shall have on all sides the same building proportions, architectural features, construction materials, and in general be architecturally compatible with the Principal Building(s) with which it is associated. 23B.07 Minimum Tract Size: A. Except as provided in Paragraph C, below, the minimum area covered by a DP within the U.S. Highway 31 Overlay Zone must be 217,800 square feet (5 acres). B. If a Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone, a DP shall be submitted to the Commission for the entire tract. Wherever there exists a conflict 3 Section 23B.03 amended per Ordinance No. Z- 382 -02, §b; Z- 415 -03, §bu. 4 Section 23B.04 amended per Ordinance No. Z- 415 -03, §bv. 5 Section 23B.05 amended per Ordinance No. Z- 415 -03, §bw -bx. Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -5 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 v 1 CITY OF CARMEL ZONING ORDINANCE between the requirements of the underlying zoning and those of the U.S. 31 Overlay Zone, the requirements for the U.S. 31 Overlay Zone shall prevail. C. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot "Undersized Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided that: (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot size then in effect for a lot in the underlying primary zoning district(s); (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a street or public way) owned or owned by an affiliate on or before the Effective Date or at the time of application which, if combined with the Undersized Lot would create a parcel which conforms, or more closely conforms, to the requirements of this Paragraph; and, (3) All other requirements applicable to the U.S. 31 Overlay Zone can be met. CITY OF CARMEL ZONING ORDINANCE D. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent Tract after the approval of a Development Plan (DP) for the entire tract. However, the development of the parcel must still conform to the DP for the Parent Tract as approved or amended by the Commission, and all other applicable requirements contained in the Zoning Ordinance. 23B.08 Heigbt and Yard Requirements The purpose of this Section is to provide site design requirements that align buildings along the edges of a parcel, towards the public right -of -way of the U.S. 31 Corridor, and, where applicable, the I -465, Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors. It is the intent of these regulations to orient new buildings with their longest axis parallel to the adjoining highway or street to create a sense of enclosure along the streets, with parking located to the rear, and, if necessary, to the side of a building. 23B.08.01 Build -To Lines. A. Except as allowed in Paragraph B below, all Principal Buildings shall be located on the U.S. 31 Corridor Build -to Line, defined in Paragraph C below. B. For Development Plans on Through .Lots with two or more Principal Buildings (buildings), up to one -half ('/2) of the buildings may be placed on the Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and fIllinois Corridor Build -to -line instead of the U.S. 31 Build -to Line. C. Dimensional requirements for Build -to -lines shall be measured from the highway or street Right -of -way line: (1) U.S. 31 Corridor and I -465: Ninety (90) feet (2) Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Corridors: Twenty (20) feet. 6 Section 23B.08 amended per Ordinance No. Z- 382 -02, §c -f Z- 453 -04, §di -dj. Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -6 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -7 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl CITY OF CARMEL ZONING ORDINANCE D. Principal Buildings that are also located adjacent to any arterial or parkway (e.g. 96` Street or 116` Street) shall be sited consistent with the Building Setback Line of the underlying zoning. 23B.08.02 Minimum Side and Rear Yards A. Adjacent to any residential use or zone: Forty -five (45) feet. B. Adjacent to business use or business zone: Fifteen (15) feet. 23B.08.03 Ruilding Height As specified in the underlying primary zoning district(s), except as follows: A. Minimum Building Heights 1. All uses along U.S. 31 and I -465: Thirty -eight (38) feet and three (3) occupiable floors. 2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors, or adjoining arterial /parkway: Twenty- six (26) feet and two (2) occupiable floors. B. Maximum Ruilding Heights. As specified in the underlying primary zoning district(s), except as follows: (1) B -5 District Between I -465 and 131 Street: Eighty (80) feet, except that the maximum height may not exceed forty percent (40 of the distance from any residential use or zone. (2) R -6 District All uses, between I -465 and 130 Street: One hundred fifty (150) feet, except that the maximum height may not exceed forty percent (40 of the distance from any residential use or zone. (3) Maximum height for all buildings along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street frontages: Fifty -five (55) feet. 23B.08.04 Minimum Parcel Width. For all uses, the parcel width shall equal or exceed that amount which is one -half the depth of the parcel. However, if a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date and said parcel or lot does not contain the minimum width required by this Paragraph, said parcel or lot "Undersized Lot") may be used for any use permitted in the U.S. 31 Overlay Zone provided that: A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met the requirements for minimum lot width then in effect for a lot in the underlying primary zoning district(s); B. The owner of the Undersized Lot must include, up to the minimum parcel width, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the Effective Date or at the time of application which, if combined with the Undersized Lot, would create a parcel which conforms, or more closely conforms, to the minimum parcel width requirements of this Paragraph, and C. All other Development Requirements applicable to the U.S. 31 Overlay Zone can be met. 23B.08.05 Minimum Gross Floor Area- A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). Accessory Buildings permitted need not meet this minimum floor area requirement. The intent of this minimum gross floor area requirement is to preclude small, freestanding buildings and uses not in character with the Corridor. B. Distribution of Gross Floor Area CITY OF CARMEL ZONING ORDINANCE 1. All uses along U.S. 31 and I -465: a. Maximum First floor GFA: Forty percent (40 b. Maximum Second floor GFA: Thirty-five percent (35 2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors, or adjoining arterial /parkway: a. Maximum First floor GFA: Sixty percent (60 23B.08.06 Maximum Parcel Coverage and Density A. Maximum Parcel Coverage shall be sixty -five percent (65 of any parcel covered by a DP. B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of a building or buildings on any parcel by the area of such parcel. 23B.08.07 Waivers- The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this Section 23B.08, by not greater than thirty-five percent (35 consistent with requirements set forth in Section 23B.02(G). 23B.09 Architectural fesigp Requirements In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 31 Overlay Zone, factors to be considered by the Commission shall include but not be limited to the following: A. Context All buildings shall be designed with respect to the general character of the U.S. 31 Corridor and, particularly, with due consideration to buildings located on lots that abut the project site. B. Scale and proportion. All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1. C. A minimum of three materials shall be used for building exteriors, from the following list: stone, brick, architectural pre -cast (panels or detailing), architectural metal panels, glass, ornamental metal. Large expanses of glass are allowed, up to seventy percent (70 of the facade area. The building may not be constructed entirely of a metal and glass curtain wall. Concrete block is not allowed as an exterior finish material. D. All buildings shall be designed with a minimum of eight external corners, in order to eliminate box buildings. E. Building penthouses must be incorporated into the building facade design, including exterior materials specifications. F. Sloped roofs shall not exceed one hundred (100) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -8 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 v 1 G. Exhibits The following architectural exhibits shall be provided to the Commission in addition to normal submission requirement of any DP or ADLS application: (1) A Site Plan showing the proposed building in the context of adjoining buildings, including buildings across U.S. 31. (2) Perspective computer enhanced color renderings showing the proposed building, signage, parking areas (shown loaded) and any displays within the context of the actual existing site conditions, including how it will look from any adjoining residential areas, as well from as three locations, whose distance is no less than three hundred (300) linear feet away nor more than one thousand (1000) linear feet away (from the property line), along U.S. 31: (a) U.S. 31 Southbound lane (b) Immediately across the highway, from approximately first floor level (c) U.S. 31 Northbound lane Golden Section analysis, providing building elevations which define how the proposed building has been designed utilizing the proper ratio. (3) H. Waivers. CITY OF CARMEL ZONING ORDINANCE The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this Section 23B.09 by not greater than thirty -five percent (35 consistent with requirements set forth in Section 23B.02(G). 23B.10 1,andseaping Requirements 23B.10.01 Landscape Plan A Landscape Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan shall: A. Be drawn to scale, including dimensions and distances; B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures; C. Delineate the location, size and description of all plant material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral /coordinated part of the Landscape Plan for the entire lot. 23B.10.02 T andscape Area Requirements A. Greenbelt. (1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 23B.10.03(B). (2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces, bike paths, lighting standards, signs, and other similar structures (excluding a private parking area). Mounding and other innovative treatments are to be encouraged in this area. 7 Section 23B.10 amended per Ordinance No. Z- 365 -01. Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -9 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl (3) A base planting unit for each one hundred (100) linear foot increment of the Greenbelt has been designated, as follows: (a) Five (5) shade trees; (b) Three (3) ornamental trees; (c) Fifteen (15) shrubs or, three (3) evergreen trees; B. Planting Strip- (1) A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to any Collector or Arterial Street, or Parkway right -of -way within the U.S. 31 Overlay Zone. (2) Adjacent to an Entry Drive. Minimum width ten (10) feet. (3) Adjacent to any parking area Minimum width as follows: (a) five feet (5') wide when adjacent to business zoned property. (b) fifteen feet (15') wide when adjacent to residential use or zoned property. (4) The planting strip shall be unoccupied except for plant material, steps, terraces, driveway and pathway crossings, lighting standards, signs, benches, and other similar structures. (5) CITY OF CARMEL ZONING ORDINANCE The base planting unit for planting strips shall be as follows: (a) Adjacent to Parallel Collector /Arterial Roadways. For each one hundred (100) linear foot increment: (i) Three (3) shade trees (ii) Two (2) ornamental trees (iii) Ten (10) shrubs (b) Adjacent to entry drives. Same planting unit standards as for Parallel Collector /Arterial Roadways, above. (c) Adjacent to parking areas- per Section 26.04: Perimeter Buffering. C. Planting Adjacent to Ruildin&s A planting area equal to an area measuring twenty -five (25) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed along building facades that face U.S. 31. A planting area equal to an area ten (10) feet in depth by the remaining sides of the building shall be installed on all other sides of the building(s). Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not occupy the entire planting area on any side of the building(s). If an approach driveway or sidewalk cuts into a planting area, the area displaced by the driveway or sidewalk shall be added to the building perimeter planting. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped; innovative and original designs are encouraged. Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -10 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl CITY OF CARMEL ZONING ORDINANCE D. Planting Within Parking Tots- A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking. -See Section 23B.10.03(B) for minimum planting area requirements. E. Side/Rear Yard 1aandscaping• Planting unit shall occur per Paragraph F below. F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Section 26.04: Perimeter Buffering. G. Total Landscaping Required- Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and the planting within parking lots, a minimum of fifteen percent (15 of the project area shall be landscaped. 23B.10.03 I andscaping Installation and Maintenance A. Materials- All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: (1) Shade trees• two and one -half inch (2'h caliper, a minimum height of eight (8) feet, and a branching height of not less than one -third (1/3) nor more than one- half /z) of tree height. (2) Ornamental trees• one and one -half inch (1'h caliper a minimum height of six (6) feet, and a branching height of not less than one -third (1/3) nor more than one -half ('h) of tree height. (3) Evergreen trees- A minimum height of eight (8) feet. (4) Deciduous shrubs. A minimum height of twenty -four (24) inches, and no less than six (6) main branches upon planting. Evergreen shrubs. A minimum height and spread of twenty -four (24) inches. (5) B. The dimensions, specifications and design of any planting area or planting median shall be as follows: (1) Shade Trees: nine (9) feet wide (2) Ornamental Trees: seven (7) feet wide (3) Shrubs (only): five (5) feet wide C. Landscaping materials selected shall be appropriate to local growing and climate conditions. D. Installation- All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. 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 not yet installed, prior to the issuance of the Final Certificate of Occupancy. E. Maintenance. It shall be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with the Overlay Zone requirements. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -11 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vI CITY OF CARMEL ZONING ORDINANCE F. Changs After Approval- No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director in order to conform to specific site conditions. G. Inspection- The Director shall have the authority to visit any tract within the U.S. Highway 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23B.10.04 Protection of Existing Trees- Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate them into the overall site design. The Landscape Plan must preserve not less than seventy percent (70 of all trees that are: A. nine -inch (9 DBH or larger, and B. located within the Greenbelt, Planting Strips and perimeter buffering. 23B.10.05 Waivers- The Plan Commission may grant a waiver to the dimensional and quantitative standards of this Section 23B.10, by not greater than thirty-five percent (35 consistent with requirements set forth in Section 23B.02(G). 23B.11 Public Art Public art that is included as part of a Development Plan shall be displayed in a location that is visually accessible to the public and visible from either U.S. Highway 31, Pennsylvania Street, Range Line Road, or Illinois Street/Meridian Corners Boulevard. 23B.12 Parking Reguirementt A. Except as provided in Paragraph B, there shall be no (0) parking between the U.S. 31 right -of- way and the front build -to line of the building. (1) The required number of parking spaces is established in Chapter 27: Additional Parking Loading Regulations, depending upon the zoning and intended land use. (2) There shall be an appropriate number of parking spaces reserved for use by handicapped individuals, per State and Federal requirements. (3) Direct, articulated pedestrian access shall be provided from the street to the building's primary entrance. (4) A bicycle parking area should be provided for each building. (5) Above grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) with which they are associated. B. Waivers. The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this Section 23B.12, by not greater than thirty-five percent (35 consistent with requirements set forth in Section 23B.02(G). Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -12 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl CITY OF CARMEL ZONING ORDINANCE 23B.13 I ,igting RequiremeniA. A. A Site Lighting Plan shall be submitted along with any DP or ADLS plan. The Site Lighting Plan shall include the type, standards, layout, spread intensity of all site lighting, including: (1) parking lot and service /storage area lighting; (2) architectural display lighting; (3) security lighting; (4) lighting of pedestrian and bicycle ways; (5) architectural and landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The maximum height of light standards shall not exceed the building height proposed, or twenty five (25) feet, whichever is less. However, when light standards abut or fall within ninety (90) feet of a residential use, they shall not exceed fifteen (15) feet. D. All exterior architectural, display, decorative and sign lighting_shall be generated from concealed, low level light fixtures. E. The average illumination for site lighting shall be a maximum of three (3) footcandles. F. All site lighting shall be designed to not exceed 0.3 footcandle at the property line in business or manufacturing districts, and 0.1 footcandle at the property line of adjoining residential uses. G. Waivers: The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this Section 23B.13, by not greater than thirty -five percent (35 consistent with requirements set forth in Section 23B.02(G). 23B.14 Bicycle and Pedestrian Access. The DP shall include specific provisions for incorporating pedestrian and bicycle access, circulation and amenities into the development. Such bicycle and pedestrian access considerations shall include linking pedestrian and bicycle facilities to adjacent development, the overall U.S. 31 Corridor, and, the Carmel community's overall system of bicycle and pedestrian trails and routes. 23B.15 Access to Individual Tracts. As U.S. Highway 31 is a limited access highway, and as access to individual tracts along this highway is either not in existence or not clearly defined in many cases, access roads will need to be built. In order to preserve the aesthetic benefits provided by the greenbelt, access roads shall be provided at the rear of all tracts, whenever possible. Access roads to contiguous tracts shall be coordinated so as to form one main access road serving adjoining developments. These roads should be designed so as to funnel traffic onto major arterial roads rather than into residential areas and roads that may adjoin or be near this Overlay Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular access, greenbelt design and parking. Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -13 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -14 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl 23B.16 Other Requirements 23B.16.01 °inside Storage of Refuse Unenclosed storage of refuse (whether or not in containers) or display of merchandise shall not be permitted on any project. All refuse shall be contained completely within the Principal Building or Accessory Building. Any Accessory Building for refuse storage shall be: A. Designed to include a roof structure; and, B. Architecturally compatible with the Principal Building. 23B.16.02 Loading and inloading Areas Loading and Unloading Berths or Bays shall be designed as specified in the underlying primary zoning district(s), except that any Loading and Unloading Berth or Bay shall not be oriented to U.S. Highway 31. Loading and Unloading Berths or Bays oriented toward any other public right of -way, shall be landscaped/screened using masonry wall(s), plant material, or a combination thereof, subject to Commission approval. 23B.16.03 Additions to Existing Residential Uses and Detached Buildings accessory to single family dwelling units are permitted provided that the use and/or structure meets the requirements of the underlying primary zoning district. Additionally, any detached structure: A. Must be of compatible architectural design with the Principal Building; B. Must be set back a minimum of thirty (30) feet from the right -of -way line nearest to and running most parallel with U.S. Highway 31; and be accompanied by the minimum applicable perimeter buffer per Section 26.04: Perimeter Buffering. C. Waivers- 23B.17 Reservation of band for Pending State Highway Improvements A. In addition to the development requirements specified in Sections 23B.03 through 23B.08, a DP must reserve for acquisition by the State of Indiana all land that the State expects to need for pending improvements to U.S. Highway 31, as shown on plans developed for the Indiana Department of Transportation by the consulting firm Bernardin, Lochmueller and Associates for the Major Investment Study (1997), or, as shown on plans from the Parsons Transportation Group prepared for the Environmental Impact Study. An applicant must notify in writing the Commissioner of the Indiana Department of Transportation (INDOT) of any proposed DP that includes land within the projected right -of -way for those pending improvements. B. Whenever an applicant believes that the reservation of such land as required by Paragraph A would result in the loss of all reasonable and beneficial use of or return from the applicant's property, then the applicant may request an Economic Hardship 8 Section 23B.16 amended per Ordinance No. Z- 365 -01. 9 Section 238.17 amended per Ordinance No. Z- 453 -04. §dk -dn. CITY OF CARMEL ZONING ORDINANCE The applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this Section 23B. 16.03, by not greater than thirty -five percent (35 consistent with requirements set forth in Section 23B.02(G). Exception from the terms of Paragraph A, pursuant to the Plan Commission's Rules of Procedure. C. Upon receipt of a request for an Economic Hardship Exception, the Commission shall hold a public hearing on such request. The hearing may not be held until at least ninety (90) days after the applicant has notified the Commissioner of INDOT of the proposed DP as described above in Paragraph A. In determining whether to grant an Economic Hardship Exception, the Commission may consider the following criteria: (1) the applicant's knowledge of the State's plans at the time of acquisition; (2) the current level of economic return on the property, including the date of purchase, the purchase price, income from the property, any remaining mortgage debt, real estate taxes, and recent appraisals of the property; any recent offers for sale or purchase, including offers to purchase which the State itself may have made; the feasibility of profitable alternative uses for the property; and, whether the State can reasonably be expected to provide just compensation to the applicant for any taking of the applicant's property within one (1) year from the date of the Commission's decision. D. An applicant for an Economic Hardship Exception must prove, by clear and convincing evidence, both: (3) (4) (5) that the existing use (if any) of the applicant's property is economically infeasible; and, (2) that, if the terms of Paragraph A are applied to the property, the sale, rental, or rehabilitation of the property will not be possible, resulting in the property not being capable of earning any reasonable economic return. The Commission's decision must be in writing and must contain the factual findings that constitute the basis for its decision, consistent with the criteria in Paragraph C. (1) Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -15 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl CITY OF CARMEL ZONING ORDINANCE Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z -289 6 December 1993 Z -323 3 September 1997 Z -324 15 December 1997 Z -334 7 June 1999 Z -340 1 May 2000 Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 23B.10.2(B)(5); 23B.10.2(F); 23B.16.3(B) Z- 382 -02 38 -02 OA July 15, 2002 July 15, 2002 23B.3; 23B.8; 23B.8.1; 23B.8.2; 23B.8.3 Summer 2002 vl Z- 415 -03 39 -02 OA November 17, 2003 November 18, 2003 23B.03; 23B.04; 23B.05 Autumn 2003 vl Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 23B.00; 23B.02; 23B.08; 23B.17 Summer 2004 v I CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE AMENDMENT LOG CITY OF CARMEL ZONING ORDINANCE Chapter 23B: US Highway 31 Corridor Overlay Zone 23B -16 as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Summer 2004 vl