HomeMy WebLinkAboutPacket 03-07-11 City Council MEMORAN ¢"UM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z- 549 -11
DATE: February 25, 2011
Please find information on the following item forwarded by the Plan Commission attached. This item will appear
on your March 7 agenda.
Forwarded with favorable recommendation:
Ordinance Z- 549 -11 (Docket No. 10110001 OA): R -4 District Setback Keystone Overlay Amend
The applicant seeks to amend the Zoning Ordinance, Chapter 10: R -4 Residence District in order to amend the
setback requirements and Chapter'23A: State Highway 431 Keystone Avenue Corridor Overlay Zone in order
to change the title. Filed by the Carmel Department of Community Services on behalf of the Cannel Plan
Commission.
Summary:
Please find enclosed the Plan Commission certified ordinance to amend the setbacks in the R 4 Residence District,
and to change the title of the Keystone Overlay, as it is no longer a State Highway. The initial intent of the setback
amendments was to assist with the discussions between the City and the Woodland Springs Manor Apartments
regarding compliance with the Zoning Ordinance as a result of roadway improvements to the corner of Keystone
and 116` Street. As the proposal was proceeding through Plan Commission review, agreements were reached
between the two parties resolving the need to pursue an ordinance amendment. However, the Department felt
an amendment was worth pursuit to provide flexibility for R -4 properties which do NOT currently exist as, or sit
adjacent to, Single family or Two family dwellings.
Below is a list of the proposed amendments:
Chapter 10: R -4 District
1. FRONT YARDS: Single- family and Two family dwellings will keep a 30' minimum front yard setback. Other
uses will use a range froin.5' -30', subject to utility easements and Thoroughfare Plan requirements.
2. SIDE REAR YARDS: Side and rear yards remain the same for Single and Two family dwellings, but
adjustments have been made to require larger side and rear setbacks when adjacent to Single/Two- family
dwellings.
Chapter 23A: Keystone Overlay
3. Change title from SR 431 to reflect Keystone Parkway.
4. Remove section that states Parking is prohibited in greenbelt. The Plan Commission feels it is redundant to state
that a landscaped greenbelt cannot include parking.
The information on this item has been arranged in the following format:
1. Copy of PC Certification
2. Copy of the Ordinance Proposal (Z- 549 -11)
2011 0307; Z -549 -1 l; Council Reporidocx
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE 2011 FEB 25 A f l
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 549 -11
An Ordinance to Amend Chapter 10: R -4 Residence District and Chapter 23A: State Highway
431 Keystone Avenue Corridor Overlay Zone of the Zoning Ordinance.
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application to the Commission
(Docket No. 10110001 OA) to Amend Chapter 10:. R -4 Residence District and Chapter 23A: State
Highway 431 Keystone Avenue Corridor Overlay Zone in order to amend the setback requirements.
The Carmel Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on February 15, 2011 the Commission voted nine (9) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 549 -11 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 (February 25, 2011) is
Thursday, May 26, 2011.
CARMEL PLA OMMISS ON
RY: /1l_,:e.�.-
7 �'l l ()C n, President
A T/EST: 1 bt
y
R mona Hanco Secretary
Carmel Plan Commission
Dated: February 25, 2011
2011 -0221; Z- 549 -11; PC Certification.doc
1 Sponsor: Councilor Rider
2
3 ORDINANCE Z- 549 -11
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance amending the setbacks in the R -4 /Residence District and the State Highway 431 Keystone
8 Avenue Corridor Overlay Zone in the Cannel Zoning Ordinance
9
10 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
11 each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
12 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
13 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
14 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
15 approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the
16 official Comprehensive Plan of the City of Carmel and Clay Township; and
17 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and
18 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the text
19 of the zoning ordinance; and
20 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the
21 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
22 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
23 that, pursuant to IC 36 -7 -4 -600 et seq. and after Docket No. 10110001 OA having received a favorable
24 recommendation from the Carmel Advisory Plan Commission on Tuesday, February 15, 2011, it hereby adopts
25 this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as follows:
26 Section I:
27 ZO CHAPTER 10: R- 4/RESIDENCE DISTRICT
28 a. Amend Section 23D.02(B)(5) as follows:
29 10.04.03 Minimum Lot Standards:
30 A. Mini Front Yard:444ft +30) feet.
31 1. Single- and Two family dwellings: Thirty (30) feet minimum.
32 2. A11 other uses:
33 a. Minimum: Five (5) feet, subject to recorded utility easement(s), provided that the portion
34 of the structure(s) less than 30' from the property line are either new or existing principal
35 structures. No additions shall be constructed which are less than 30' from the property line.
36 b. Maximum: Thirty (30) feet, subject to recorded utility easement(s).
37 B. Minimum Side Yard:
38 1. Single- and Two family dwellings: Five (5) feet;
39 2. All other uses when adjacent to Single- and Two-family dwellings: Twenty (20) feet..
40 3. All other uses when not adjacent to Single -and Two family dwellings: Five (5) feet.
41 C. Minimum Aggregate of Side Yard:
42 I 1. Single- and Two fancily dwellings: Fifteen (15) feet;
3107/2011
Ordinance Z -549 -11
1
1 2. All other uses: Forty (40) feet.
2 D. Minimum Rear Yard:
3 1. Single- and Two family dwellings: Twenty (20) feet;
4 2. All other uses when adjacent to Single- and Two family dwellings: Twenty (20) feet;
5 3. All other uses when not adjacent to Single- and Two family dwellings: Fifteen (15) feet.
6
7 E. Minimum Lot Width:
8 1. Single- and Two family dwellings: Sixty (60) feet;
9 2. All other uses: Two hundred (200) feet.
10 F. Maximum Lot Coverage: Thirty -five percent (35 of lot.
11
12 ZO CHAPTER 23A: STATE HIGHWAY 431 KEYSTONE AVENUE CORRIDOR OVERLAY ZONE
13 b. Amend Section 23A as follows:
14 CHAPTER 23A: Sr 431 KEYST '':KEYSTONE PARKWAY
15 CORRIDOR OVERLAY ZONE
16
17
18 1 23A.00 State Hi„ Keystone Parkway Overlay Zone.
19 23A.01 District Boundaries.
20 23A.02 Minimum Front Yard.
21 23A.03 Landscaping.
22 23A.04 Parking.
23 23A.05 unassigned.
24 23A.06 Other Requirements.
25
26
27
28 1 23A.00 431 Keystone Parkway Overlay Zone.
29 23A.00.01 Purpose, Intent and Authority. The purpose of this zone is to provide consistent treatment for
30 1 properties bordering the limited access highway, known as State 1- ligliwa,y- -1- IKeystone Parkway, to preserve the
31 aesthetic qualities of these properties, and to protect the health and safety of the property owners. This district is
32 superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning
33 districts over which it is superimposed. The Plan Commission, in establishing this zone, is relying on I.C. 36 -7 -4-
34 100 et seq.
35 23A.00.02 Plan Commission Approval.
36 A. Development Plan (DP). Not required.
37 B. Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS).
38 1. Property Zoned and Used for Single- and Two Family Dwellings. Architectural Design, Exterior
39 Lighting, Landscaping, Parking, and Signage (ADLS) not required.
40 2. Multi Family, Business, Industrial, and Manufacturing Districts and /or Uses. Commission
41 approval of the Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage
42 (ADLS) is required. If a Parent Tract is located both inside and outside of the Sta4e- 1=1i�l1way- 1-
43 keystonc Av°enueKeystone Parkway Corridor Overlay Zone, ADLS approval is required for the
44 entire Parent Tract.
45 23A.00.99 Application Procedure.
46 A. Development Plan. Not required.
3107/2011
Ordinance Z -549 -1
2
1 B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B):
2 Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
3
4
5 23A.01 District Boundaries.
6 The boundaries of the Statee-- 11- ighway 434Keystone Parkway Overlay Zone are hereby established as shown on the
7 Zoning Map. The zone shall include an area of one hundred twenty (120) feet on either side of the right -of -way for State
8 ldighway- 43- 4Keystone Parkway.
9
10
11 23A.02 Minimum Front Yard.
12 j From the right -of -way of State- Fl- ighwu-y -434- Keystone Parkway:
13
14 A. Residential Zones: Thirty (30) feet.
15 B. Business, Industrial, and Manufacturing Districts and /or Uses: One hundred twenty (120) feet.
16
17
18 23A.03 Landscaping.
19 I A landscaped greenbelt area shall extend along the right -of -way of State HU_.iliway 13 Keystone Parkway with a
20 depth of thirty (30) feet.
21
22
23 23A.04 P" unassigned.
24 Parkins feet of the of Wily its -t1-le greet; 4t --fa-
25
26
27 23A.05 unassigned.
28
29
30 23A.06 Other Requirements.
31 A. Primary Zoning Districts. All other requirements not mentioned in this Section shall remain as stated for
32 that primary zoning classification district mapped.
33 B. Conflicting Ordinances. Wherever there exists a conflict between the requirements of the U.S. 31 /Meridian
34 1 Street Overlay Zone and those of the 4444— Highway 13 I/Keystone :lvenucKeystone Parkway Corridor
35 Overlay Zone, the requirements for the U.S. 31 /Meridian Street Corridor Overlay Zone shall govern.
36
37
38 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
39 repealed.
40
41 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
42 Mayor.
43
44 PASSED by the Common Council of the City of Carmel, Indiana this day of 2010,
45 by a vote of ayes and nays.
46
47
3/07/2011
Ordinance Z- 549 -11
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1 COMMON COUNCIL FOR THE CITY OF CARMEL
2
3
4
5 Presiding Officer Joseph C. Griffiths
6
7
8
9 W. Eric Seidensticker, President Pro Tempore Kevin Rider
10
11
12
13 John V. Accetturo Richard L. Sharp
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 2011, 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 2011, 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
3 /07/2011
Ordinance Z -549 -11
4