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HomeMy WebLinkAboutCity Council SuggestionsSEASONAL OUTDOOR SALES 4. Require display of applicable permits /licenses 5. Be more specific about types of Holiday items APPENDIX A Z- 543 -10 PATCH VIII: SUGGESTIONS FROM COUNCIL MEMBERS FOOD STANDS 1. Require display of applicable permits /licenses 2. Exempt Lemonade Stands and similar child stands 3. Increase maximum height of Food Stands from 8' to 10' (to accommodate EZ -up Canopies) RAISING OF HENS 6. Reference hens as allowable under Residential Kennel (still exclude roosters) PRIF CREDIT 7. Draw distinction between Parks Board issued Credits from the Zone Improvement Plan (ZIP) and BPW- issued Credits for infrastructure items not included in the ZIP 1 18 October 2010 2 3 ORDINANCE Z- 543 -10 Sponsor: Councilor Rider 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE 5 CITY OF CARMEL, INDIANA 6 7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch VIII} 8 9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7- 10 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by 11 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and 12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was 13 given a favorable recommendation by the Cannel Advisory Plan Commission on November 18, 2008, and 14 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore 15 the official Comprehensive Plan of the City of Carmel and Clay Township; and 16 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; 17 and 1 8 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 19 text of the zoning ordinance; and 20 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the 21 text of the Subdivision Control Ordinance; and 2 2 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, 23 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City 24 Code; 25 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 26 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7-4 -700 et seq. and after Docket Nos. 10040014 OA and 27 10050001 OA having received favorable recommendations from the Carmel Advisory Plan Commission on 28 Tuesday, July 20, 2010, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance 29 No. Z -289, as amended) to read as follows: 30 Section I: 31 32 ZO Chapter 3: Definitions: 33 a. Amend the following definitions in Section 3.07: Definitions to read: 34 I FARM. A tract of land comprising an area of at least five-three (53) acres which is devoted to agricultural operations, 35 such as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, 36 shrubs and plants; and other recognized agricultural pursuits and including Accessory Buildings essential to the 37 operation of the farm. Accessory Buildings may include barns; equipment and animal sheds; farm residences 38 for the owner, operator or farm assistants; roadside sales Structure for the sale of products of the farm, not 39 including industrial or commercial operations or Structures or feedlots. 40 41 FOOD STAND. A portable structure used for the display and retail sale of food products with no space for customers 42 within the structure itself. Food items may include fruits. vegetables. and other items requiring further 43 preparation, or they may include items pre prepared and ready for consumption. 44 45 SALES, OUTDOOR. The short-term outdoor display of products or merchandise in an unroofed and/or unenclosed area 46 by a business permanently established on the premise of which the sale is located. This shall include, but is not 47 1 limited to grand opening sales, sidewalk sales, food stands, kiosks and specialty sales. 48 49 Ordinance Z- 5- S43 -10 1 8/6/2010 1 ZO Chapter 23B: U.S. Highway 31 Corridor Overlay Zone 2 b. Add Section 23B.02(D) as follows: 3 4 5 6 7 8 9 to c. Delete Section 23B.07(B) as follows: 11 23B.07 Minimum Tract Size: 12 A. 13 14 15 16 17 18 19 20 29 30 31 32 23B.02 Commission Review: D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone, a DP and ADLS in compliance with the US Highway 31 Overlay Zone 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. Except as provided in Paragraph GB, 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 h U.S. 31 Overlay Zone shall prevail. CB. 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: 21 (1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot 22 met the requirements for minimum lot size then in effect for a lot in the underlying primary 23 zoning district(s); 24 (2) The owner of the Undersized Lot must include any adjoining vacant land (not separated by a 25 street or public way) owned or owned by an affiliate on or before the Effective Date or at the 26 time of application which, if combined with the Undersized Lot would create a parcel which 27 conforms, or more closely conforms, to the requirements of this Paragraph; and, 28 (3) All other requirements applicable to the U.S. 31 Overlay Zone can be met. DC. 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. 33 34 ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone 35 d. Amend Section 23C.02(A) to read: 36 23C.02 Commission Approval. 37 A. Development Plan. The Commission must approve, approve with conditions, or disapprove the 38 Development Plan (DP) for any tract of land in the Overlay Zone. The Commission shall hold a public 39 hearing before it decides whether to approve or disapprove a DP. The Commission, in reviewing DP 40 applications, shall examine factors concerning the site, Site Plan and the surrounding area, which 41 include but are not limited to the following items: 42 1. Topography; 43 2. Zoning on site; 44 3. Surrounding zoning and existing land use; 45 4. Streets, curbs and gutters, bicycle paths, and sidewalks; 46 5. Access to public streets; 47 6. Driveway and curb cut locations in relation to other sites; 48 7. General vehicular and pedestrian traffic; Ordinance Z -5 -543 -10 2 8/6/2010 I 8. Parking facilities and internal site circulation; 2 9. Special and general easements for public or private use; 3 10. On -site and off -site surface and subsurface storm and water drainage, including drainage 4 calculations; 5 11. On -site and off -site utilities; 6 12. The means and impact of sanitary sewage disposal and water supply techniques; 7 13. Dedication of streets and rights -of -way; 8 14. Provision for adequate and acceptable setbacks, screening, and compatibility with existing, 9 platted residential uses; 10 15. Storage area; 11 16. Protective restrictions and /or covenants; 12 17. Effects any proposed project may have on the entire Overlay Zone; and, 13 18. Consistency with the policies for the Overlay Zone which are set forth in the Comprehensive 14 Plan. 15 16 17 18 19 20 21 22 23 24 25 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e. Add Section 23C.02(E) to read: E. Partial Boundaries Conflicts. If a Parent Tract is located both inside and outside of the U.S. Highway 421 Michigan Road Corridor Overlay Zone, a DP and ADLS in compliance with the US Highway 421 Michigan Road Overlay Zone shall be submitted to the Commission for the entire Parent Tract. Wherever there exists a conflict between the requirements of the underlying zoning and those of the US Highway 421 Michigan Road Overlay Zone, the requirements for the US Highway 421 Michigan Road Overlay Zone shall prevail. 26 ZO Chapter 23E: Home Place District Overlay Zone 27 f. Delete Section 23E.02(A)(4) as follows: 28 23E.02 Commission Approval. g. A. Development Plan. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Home Place Business District or West Home Place Commercial Corridor that is to be developed for commercial purposes or as a Planned Unit Development. 4. If a parent Tract (Tract) is located both inside and outside of the Horne Placc District Overlay Add Section 23E.02(D) to read: 23E.02 Commission Approval. D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the Home Place Business District or West Home Place Commercial Corridor, a DP and ADLS in compliance with the Home Place Business District or West Home Place Commercial Corridor provisions 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 Home Place District Overlay Zone, the requirements for the Home Place District Overlay Zone shall prevail. Ordinance Z-5- 543 -10 3 8/6/2010 1 2 ZO Chapter 25: Additional Use Regulations 3 h. Amend Section 25.01: Accessory Buildings and Uses to read: 4 5 6 7 8 9 10 11 i. Amend Section 25.24: Sales, Seasonal Outdoor, Temporary Use to read: 12 25.24 Sales, Seasonal Outdoor, Temporary Use. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Does not interfere with pedestrian or vehicular access or parking. 29 B. Does not create a visibility obstruction to moving vehicles within a parking lot. 30 25.24.04Goods or merchandise displayed in conjunction with a Seasonal Outdoor Sale shall not exceed nine (9) 31 feet in height. 32 33 34 35 36 37 38 39 25.01 Accessory Buildings and Uses. 25.01.01 Residential Districts. C. Accessory Uses. 9. Raising of Hens. Up to three (3) hens may be kept on residential properties, provided they are confined by a coop or similar Accessory Building. The presence of more than three (3) hens, or any rooster, shall be considered a Farm. 25.24.01 Seasonal Outdoor Sales shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, such uses shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. Local non profit organizations shall be exempt from all fees associated with this type of Temporary Use permit. 25.24.02Submittal of a site plan, indicating sales areas, signage and parking areas, shall be required before the issuance of any permits related to Seasonal Outdoor Sales. Signage plans are also required. Areas designated for Seasonal Outdoor Sales shall not be located within nor encroach upon: A. Any minimum required setback yard; B. Any drainage easement; C. A fire lane; D. A maneuvering aisle, E. Any right -of -way, greenway or trail; EF. A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel. 25.24.03 Seasonal Sales may be located within parking areas, provided it: 25.24.05 Only one (1) Seasonal Outdoor Sales, Temporary Use permit shall be issued per property per year. Seasonal Outdoor Sales, Temporary Use Permits shall be issued for a term of thirty (30), sixty (60), ninety (90), or one hundred twenty (120) consecutive days per permit, depending on use.unIe otherwise approved by the Plan Commission. One -time extensions may be granted for all Seasonal Outdoor Sales, unless otherwise approved by the Board of Zoning Appeals. Seasonal Outdoor Sales may not be renewed beyond the time period indicated in the Time Limits for Seasonal Outdoor Sales table. Periods of time are considered to include one (1) calendar year. Ordinance Z- 5- 543 -10 4 8/6/2010 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2 3 25.27 Food Stands. TIME L MITS FOR SEASONAL OUTDOOR SALES !twills) Sold 30 Days 0 60 Days E� a 90 Days, 120 Days Fruits/ Vegetables x x x Plants Flowers Holiday items x nonrenewable 25.24.06Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07.03 -06: Signage for Temporary Uses of this Ordinance. 4 25.24.07Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the 5 1 proposed temporary use with adjoining areas, the Geinfflissien- Director shall review the Architectural 6 Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed Seasonal 7 1 Outdoor Sale. Once approved by the Commission Director, the Architectural Design, Exterior 8 Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered 9 1 without the prior approval of the issien Director. Plan Commission approval is required prior to 10 the issuance of Temporary Use Permit. An applicant may continue to use an ADLS Approval to obtain 11 subsequent Temporary Use Permits provided that the proposed Temporary Use is consistent with such 12 ADLS Approval, including time limits. 13 14 25.27.01 Food Stands shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses, and shall be allowed only as a Temporary Use, requiring a Temporary Use Permit. 25.27.02Submittal of a site plan, indicating sales and seating areas, shall be required before the issuance of any permits related to Food Stands. Signage plans are also required. Areas designated for Food Stands shall not be located within nor encroach upon: A. Any drainage easement: B. A fire lane; C. A maneuvering aisle, D. Any right -of -way, greenway or trail; E. A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel. 25.27.03 Food Stands may be located within parking areas, provided it: A. Does not interfere with pedestrian or vehicular access orparking. B. Does not create a visibility obstruction to moving vehicles within a parking lot. 25.27.04Food Stands shall be removed from the premises when not in operation. 25.27.05 The height of the Food Stand, including all accessory eo iu�ment, shall not exceed eight (8) feet. 25.27.06Signage in conjunction with a Food Stand shall be attached to the Food Stand and may not exceed ten (10) square feet in area. 25,27.07Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights or noisemakers, such as bells, horns or whistles. 25.27.08 Customer seating areas associated with Food Stands shall be prohibited. 25.27.09Temporary Use Permits for Food Stand may be issued for up to one (1) year. 25.27.10A11 Food Stand requirements listed herein are in addition to health and safety codes administered by the State or County Health Departments. Ordinance 2- 5- 543 -10 5 8/6/2010 1 ZO Chapter 27: Additional Parking Loading Regulations 2 j. Amend Section 27.08 Amount of Parking Spaces Required to read: 3 27.08 Amount of Parking Spaces Required. 4 Off street parking spaces shall be provided and maintained for all uses in accordance with the following 5 minimum requirements, unless otherwise specified herein: Use: Parking Reuuirements:, 6 7 ZO Chapter 29: Administration 8 k. Amend Section 29.07.05to read: 9 29.07 Parks and Recreation Impact Fees. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Restaurant, with Walk- Up(Drive -Thin Food Sales Ordinance Z-5- 543 -10 6 8/6/2010 One space per 58-80 sq. ft. of floor area 29.07.05 Credit in Lieu of Payment; Exemptions. 1. Pursuant to IC 36 -7 -4 -1335, any person obligated to pay a fee pursuant to the terms of this PRIF Ordinance may be granted the option of financing, constructing and dedicating Parks and Recreation Infrastructure instead of making all or part of any impact fee payment which may be due, so long as such financing, construction and dedication are accomplished either (A) pursuant to the 2010 -2015 Zone Improvement Plan and with the consent and acceptance of the Parks Board. or (B) wider a request by the Carmel Board of Public Works and Safety and with the consent and acceptance of the Board of Public Works and Safety. 2. Such fee payer, or other person providing the infrastructure or improvement, shall be allowed a credit in an amount equal to the sum of (A) the actual cost of constructing or providing the infrastructure or improvements, plus (B) the fair market value of the land, real property interests, and site improvements provided. 3. The amount of the credit shall be determined by agreement (the "Credit Agreement between the person constructing or providing the infrastructure or improvement and either (A) the Parks Board or (B) the Board of Public Works and Safety. depending upon which board is to accept the dedication of the infrastructure or improvement. A fee payer shall make a request for credit prior to the issuance of the improvement location permit. In the event the credit is less than the amount of the impact fee due pursuant to Section 29.07.04 above, the remaining balance shall be due in accordance with the provisions stated hereafter. 4. Credits against impact fees otherwise due shall be allowed pursuant to this section for all infrastructure and improvements constructed or furnished in accordance with IC 36-7 -4 -1313 and IC 36 -7 -4 -1335 since January 1, 1989. In addition, a fee payer or other person responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future fee payers who may be successors in interest to the credits earned by the fee payer or others, as part of the Credit Agreement provided for above. 5. Any person otherwise obligated to pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall be exempt from said fee if such person repairs or replaces the destroyed structure without creating a burden on Parks and Recreation Infrastructure greater than the burden imposed by the destroyed structure. 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E.3 c 3 4.916 tl 3 8 sn 'g O t w.S 4r• x aa1:81 �i�`� ill c -s E s x o l i I.. p. c c o o 2aF »33 i'� j' 'a k a 2 g pp W t. o m E .%3•9- 3 t e3 c a 3 e U g a w s 1 p g o g 'ivIt c ruck Stop 8 G a Q 1 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are 2 hereby repealed. 3 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the 4 Mayor. 5 6 PASSED by the Common Council of the City of Carmel, Indiana this day of 7 2010, by a vote of ayes and nays. 8 9 Ordinance Z- 5- 543 -10 7 8/6/2010 1 COMMON COUNCIL FOR THE CITY OF CARMEL 2 3 4 5 Presiding Officer Joseph C. Griffiths 6 7 8 9 Richard L. Sharp, President Pro Tempore Kevin Rider 10 11 12 13 John V. Accetturo W. Eric Seidensticker 14 15 16 17 Ronald E. Carter Luci Snyder 18 19 20 ATTEST: 21 22 23 24 Diana L. Cordray, IAMC, Clerk Treasurer 25 26 27 Presented by me to the Mayor of the City of Carmel, Indiana this day of 28 2010, at .M. 29 30 31 32 Diana L. Cordray, IAMC, Clerk Treasurer 33 34 35 Approved by me, Mayor of the City of Carmel, Indiana, this day of 36 2010, at .M. 37 38 39 40 James Brainard, Mayor 41 42 ATTEST: 43 44 45 46 Diana L. Cordray, IAMC, Clerk Treasurer 47_ 48 Prepared by: 49 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 Ordinance Z-5- 543 -I0 8 8/6/2010 Dear Members: CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 543 -10 An Ordinance to Amend Chapter 3: Definitions; Chapter 23B: US Highway 31 Corridor Overlay Zone; Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone; Chapter 23E: Horne Place District Overlay Zone; Chapter 25: Additional Use Regulations; Chapter 27: Additional Parking &Loading Regulations; Chapter 29: Administration; and Appendix A: Schedule of Uses of the Zoning Ordinance. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana The Carmel Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 10040014 OA 10050001 OA) to Amend Chapter 3: Definitions; Chapter 23B: US Highway 31 Corridor Overlay Zone; Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone; Chapter 23E: Home Place District Overlay Zone; Chapter 25: Additional Use Regulations; Chapter 27: Additional Parking Loading Regulations; Chapter 29: Administration; and Appendix A: Schedule of Uses of the Zoning Ordinance, in order to modify the development standards. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on July 20, 2010 the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z 543 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36- 7- 4- 607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of the original Certification (August 3, 2010) is Monday, November 1, 2010. R ona Hancock, Secretary Carmel Advisory Plan Commission Dated: August 3, 2010 2010 -0723 Z -543 -10; Patch VIII PC Certification.doc CARMEL ADV Y PL CO T SION B A. rfi i ierckman, President 11 4 V E snv soz