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Home My WebLink AboutZ-549-11 State Highway 431-Keystone Avenue Overlay Zone - Amend3/07/2011 ORDINANCE Z- 549 -1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA Sponsor: Councilor Rider 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 Cannel 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 Cannel Ordinance No. D- 1600 -02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Cannel 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, February 15, 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: 10.04.03 Minimum Lot Standards: A. Front Yard:. 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) Tess than 30' from the property line are either new or existing principal structures. No additions shall be constructed which are less than 30' from the property line. b. Maximum: Thirty (30) feet, subject to recorded utility easement(s). 13. 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. Single- and Two family dwellings: Fifteen (15) feet; Ordinance Z- 54.9 -11 1 ZO CHAPTER 23A: STATE HIGHWAY 431 KEYSTONE AVENUE CORRIDOR OVERLAY ZONE b. Amend Section 23A as follows: 3/07/2011 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. 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 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 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 Conunission, 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. Ha Parent Tract is located both inside and outside of the Keystone Parkway Corridor Overlay Zone, ADLS approval is required for the entire Parent Tract. 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). Ordinance Z -549 -1 1 2 23A.01 District Boundaries. The boundaries of the Keystone 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 Keystone Parkway. 23A.02 Minimum Front Yard. From the right -of -way of Keystone Parkway: A. Residential Zones: Thirty (30) feet. 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 Keystone Parkway with a depth of thirty (30) feet. 23A.04 unassigned. 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 slapped. Conflicting Ordinances. Wherever there exists a conflict between the requirements of the U.S. 31/Meridian Street Overlay Zone and those of the Keystone 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 1 day of by a vote of 7 ayes and C7 nays. 3/07/2011 Ordinance Z -549 -I 1 3 2010, Presi ng Officer hn V. Accetturo Ronald E. Carter ATTEST: Diana L, Cordray, IAMC, Clerk -Tre ATTEST: 3/07/201 COMMON COUNCIL FOR THE CITY OF CARMEL W. Eric Seidenstie Cer, President 1 r eempore 6 1- cee—r_ Diana L. Cordray, IAMC, Clerk -Tr surer Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Cannel, IN 46032 Richard L. Sharp J Presented by me to the Mayor of the City of Carmel, Indiana this I$ day of 2011, at b'.`-fO P.M. Diana L. Cordray, IAMC, Clerk- T surer Approved by me, Mayor of the City of Cannel, Indiana, this (400 day of 2011, at 10'.40 i.M. Ines C rainard, Mayor Ordinance Z -549 -1 I 4 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 36-72416M 25 A II: 08 Dear Members: ORDINANCE Z 549 1 1 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 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, 201 1) is Thursday, May 26, 2011. AT ST: 1// J& R. ona Hanc i ck, Secretary Carmel Plan Commission Dated: February 25, 2011 2011-0221; Z-549-11; PC Certification.doc CARMEL PL s, COMMISSION BY: an, President