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Home My WebLink AboutPacket 02-01-11 o ,J\ 1 ty of Carmel go CARMEL PLAN COMMISSION -MEMORANDUM Date: January 21, 2011 To: Subdivision Committee From: Adrienne Keeling AL Department of Community Services Re: Docket No. 10110001 OA Enclosed is the information packet for the following item. If you have any questions, please give me a call at 571 -2417. Docket No. 10110001 OA: R -4 District Setback Amend. The applicant seeks to amend the Zoning Ordinance, Chapter 10: R -4 Residence District and Chapter 23A: State Highway 431 Keystone Avenue Corridor Overlay Zone in order to amend the setback requirements. Filed by the Carmel Department of Community Services on behalf of the Carmel Plan Commission. Please see the revised proposal to amend the setbacks in the R -4 Residence District. Discussion at the last meeting relating to the proposed ordinance guided the Department to consider keeping duplex (Two family dwellings) setbacks in line with the proposed Single- family setbacks, rather than grouping them with multi- family. Also, the Department was asked to consider increasing the front setback from 0' to 5' to allow for more space. Other discussion was held regarding the possibility of the Department rezoning the neighborhood pockets of R -4 located east of Keystone to match their surroundings. The Department is still taking that suggestion under advisement. It would be a separate process from this ordinance amendment, requiring additional public notice in the form of certified letters, posted signs and a new legal notice in the newspaper. Revisions have been made as follows: Chapter 10: R -4 District 1. Single- family and Two family dwellings will keep a 30' minimum setback. 2. The Build -to Line for other uses (multi- family) will now have a minimum of 5' (instead of 0'). 3. Added a provision for larger side and rear setbacks if a development occurs adjacent to Single and Two family dwellings. Chapter 23A: Keystone Overlay 1. The 30' residential landscaped greenbelt area remains in effect. 2011 -0121; Committee Memo.docx Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Sponsor: Councilor Rider ORDINANCE Z- -11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance amending the setbacks in the R- 4/Residence District and the State Highway 431 Keystone Avenue Corridor Overlay Zone in the Carmel Zoning Ordinance WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code; 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 after Docket No. 10110001 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, 2011, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as follows: Section I: ZO CHAPTER 10: R- 4/RESIDENCE DISTRICT a. Amend Section 23D.02(B)(5) as follows: 10.04.03Minimum Lot Standards: A. Yard:41hirty 30) feet. 1. Single- and Two family dwellings: Thirty (30) feet minimum. 2. All other uses: a. Minimum: Five (5) feet. subject to recorded utility easement(s), provided that the portion of the structure(s) Less than 30' from the property line are either new or existing principal structures. No additions shall he constructed which are less than 30' from the property line. b. Maximum: Thirty (30) feet, subject to recorded utility easement(s). B. Minimum Side Yard: 1. Single- and Two family dwellings: Five (5) feet; 2. All other uses when adjacent to Single- and Two family dwellings: Twenty (20) feet: 3. All other uses when not adjacent to Single -and Two family dwellings: Five (5) feet. C. Minimum Aggregate of Side Yard: 1/21/2011 Ordinance Z- -11 DRAFT 1 I 1. Single- and Two family dwellings: Fifteen (15) feet; 2. All other uses: Forty (40) feet. D. Minimum Rear Yard: 1. Single- and Two family dwellings: Twenty (20) feet; 2. All other uses when adjacent to Single- and Two family dwellings: Twenty (20) feet; 3. All other uses when not adjacent to Single- and Two family dwellings: Fifteen (15) feet. E. Minimum Lot Width: 1. Single- and Two family dwellings: Sixty (60) feet; 2. All other uses: Two hundred (200) feet. F. Maximum Lot Coverage: Thirty -five percent (35 of lot. ZO CHAPTER 23A: STATE HIGHWAY 431— KEYSTONE AVENUE CORRIDOR OVERLAY ZONE b. Amend Section 23A as follows: CHAPTER 23A: KEYSTONE PARKWAY CORRIDOR OVERLAY ZONE 23A.00 Keystone Parkway Overlay Zone. 23A.01 District Boundaries. 23A.02 Minimum Front Yard. 23A.03 Landscaping. 23A.04 Parking. 23A.05 unassigned. 23A.06 Other Requirements. 23A.00 State- h Keystone Parkway Overlay Zone. 23A.00.01 Purpose, Intent and Authority. The purpose of this zone is to provide consistent treatment for properties bordering the limited access highway, known as State Iiigl} way '131 Keystone Parkway, to preserve the aesthetic qualities of these properties, and to protect the health and safety of the property owners. This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. The Plan Commission, in establishing this zone, is relying on I.C. 36 -7 -4- 100 et seq. 23A.00.02 Plan Commission Approval. A. Development Plan (DP). Not required. B. Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS). 1. Property Zoned and Used for Single- and Two Family Dwellings. Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) not required. 2. Multi- Family, Business, Industrial, and Manufacturing Districts and /or Uses. Commission approval of the Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) is required. If a Parent Tract is located both inside and outside of the State Hi =1hway '131 Keystone AvenucKeystone Parkway Corridor Overlay Zone, ADLS approval is required for the entire Parent Tract. 1/21/2011 Ordinance Z- -11 DRAFT 2 23A.00.99 Application Procedure. A. Development Plan. Not required. B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23A.01 District Boundaries. The boundaries of the State- Highway 131Keystone Parkway Overlay Zone are hereby established as shown on the Zoning Map. The zone shall include an area of one hundred twenty (120) feet on either side of the right -of -way for State Highway 431 Keystone Parkway. 23A.02 Minimum Front Yard. From the right -of -way of Fligh 431 Keystone Parkway: A. Residential Zones: Thirty (30) feet. (do not strike; leave as is currently in ordinance) B. Business, Industrial, and Manufacturing Districts and /or Uses: One hundred twenty (120) feet. 23A.03 Landscaping. A landscaped greenbelt area shall extend along the right -of -way of State Highway 431 Keystone Parkway with a depth of thirty (30) feet. 23A.04 Parking.unassigned. Parking is prohibited withal- thirty (30) feet of the right of way in the greenbelt area, 23A.05 unassigned. 23A.06 Other Requirements. A. Primary Zoning Districts. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. B. Conflicting Ordinances. Wherever there exists a conflict between the requirements of the U.S. 31 /Meridian Street Overlay Zone and those of the 2 one AytienueKeystone Parkway Corridor Overlay Zone, the requirements for the U.S. 31 /Meridian Street Corridor Overlay Zone shall govern. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this day of 2010, by a vote of ayes and nays. 1/21/2011 Ordinance Z- -11 DRAFT 3 COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths Richard L. Sharp, President Pro Tempore Kevin Rider John V. Accetturo W. Eric Seidensticker Ronald E. Carter Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2010, at .M. Diana L. Cordray, IAMC, Clerk- Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2010, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 1/21/2011 Ordinance Z- -11 DRAFT 4