HomeMy WebLinkAboutZ-333 US 31 Overlay Amends 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 Cannel and Clay Township; and
WHEREAS, the Common Council finds that, ai~er 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 Cannel 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 Cannel, Indiana, that,
pursuant to IC 36-7-4-600 et seq. and IC 36-74-1400 et seq. and after having a received a favorable
recommendation from the Cannel 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 mended, to read
as follows:
23B.0
23B.0.1
U.S. HIGIt'WAY 31 OVERLAY ZONE
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 rebqng on IC 36-7-4-600
et seq. and IC 36-7-4-1400 et seq. This zoning district is, likexvise, 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 lira/ted access highway and an important entrance
corridor to Carmel and Clay Township. The U.S. Highway 31 Corridor is a premier office
location and emplo?ment 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
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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 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 3 t
in Clay Township, Hamilton County, Indiana, ex'~ending 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
23B.2 Commission Review:
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.
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 vekicular and pedestrian traffic;
(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 and 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;
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(13) Dedication of streets and rights-of-way, or reservation of land to be sold to
governmental authorities for the future development of streets and fights-of-way;
(14) Provision for adequate and acceptable setbacks, site landscaping and screening, and
compatibility with existing platted residential uses;
(15) Outside storage areas;
(16) Protective restrictions and/or covenants;
(17)Effects any proposed projec~ may have on the architectural character of the U.S.
Highway 31 Corridor; and
(18) Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan.
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.
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.
Commission review and approval of the site layout and ckcutation, 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.
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 they are permitted in the underl,vin~ primary, zoning district(s):
Clinic or medical health center Colleg. e or Uaiversi~'
Financial Institution General Offices
Home Occupation I Hospital
Insurance Office
Ho~L Mo~l
Meeting or Party Hall
Office building
Radio or television studio
Research lnborato~,
Stadium, auditorium, or coliseum
Utilt~ company business office
Nursing, retirement or convalescent facility'
Professional Office
Recording Studio
Restaurant
Travel ~r~ice bureau
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23B.4
23B.SA.
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.
Excluded Uses:
indusuial uses - hen ,~,
Commercial kennel'
min/amre gol~
movie theater (indoor & outdoor);
plant nursery,
r¢finlng or manufactur~g ofpetroleam products
retail uses comprising more than fifteen percent
(I 5%) of the DP', (must conform to Paragraph B,
below)."
~nd and ~avel extraction or sales;
sexually oriented business;
~""!! en~ine sales or re~air, ·
track stop;
automobile sales or leazin~
boat sales;
car wash:
comme~'c/~l warehouse stora~e~
equ/pment sales or
fica markct:
fer, ilizer manufacturing;
~ elcva~on
ju~ and/or saiva.~e yard;
Manufactured housin.~ sales;
mobile home courq
~ or correctional i.,x~tution;
reclaiming processes involving materials and/or chemicals that
are considered dangerous to thc health, safety, and welfare of
the general public as determined by the State of Indiena.
I-lnmilton Court .ty or the City.
: refining or manufactur~g asphalt, cement, gypsum, lime, wood
pxeservatives;
roadside sales stand; parldng lot or outdoor temporaO, sales
sal f-st ora.~dmini-warehouse facilities;
sin[le-family residence;
stock yards, sla .ugh. term~ leather. ~ and
water slide.
23B.$.B 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 (25%) 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 ~:ceed fifteen percent (15%) of ~ny~uildings; or,
(b) Provided that retail uses over fifteen percent (15%) of any one building be located
on the ground floor or belo~v grad~
(3) The Commission may, in its discretion, allow for the thirty percent (30%) retail use to
be Floors other titan ground or beirut-grade, if any development plan ,,~hibits
~'ctraordinary site design, landscaping treatment, or site amenities or features, or that
includes above or belm~-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 permit-ted, except That any attached or detached
accessory building in any DP shall have on all sides the same building proportions,
architectural features, construction materials, and in general be arckitecturally compatible
with the principal building(s) with which it is associated.
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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. Ifa 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.
All tracts to be developed in the U.S. Highway 3.1 Overlay Zone shall contain a minimum
area of 217,800 square feet (5 acres). However, ifa 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 wqth the Undersized Lot, would create a tract which conforms, or more
closely conforms, to the minimum tract size requirements oftkis Paragraph; and
(3) All other development requirements applicable to the U.S. 31 Overlay Zone can be
me{.
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 lteight and Area Requirements.
23B.8.1 Maximum Building Heights: As specified in the underlying primary, zoning district(s),
except as follows:
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 S-2 or R-1 residential
property line.
B-6 District - AIl uses. between 1-465 and 131a 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
less.
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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.
U.S. HIGHWAY 31 FRONT YARD MAXIMUM MINIMUM
All uses 90 feet 90 feet
PARALLEL ROADS FRONT YARD
Buildings 35 feet tall or less
Buildings greater than 35 feet tall
MAXIMUM MINIMUM
20 feet 10 feet
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. F'ffteen (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 (I/2) the depth of the parcel. However, ifa parcel &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 wh/ch, 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 oft}tis minimum goss floor area requirement is to preclude small, freestanding
buildings and uses not in character with the Corridor.
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23B.8.7 Maximum Parcel Coverage and Density:
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 desig~a, landscaping treatment, or
site amen/ties or features, or that includes above or below-grade parking facilities.
Maximum Floor Area Ratio (F.A.R.) shall be 0.20, 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 desi~cm, landscaping treatment, or site
amen/ties 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.
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 comers, in order to
eliminate monotonous box buildings.
D. Building penthouses must be incorporated into the building facade design, including
exterior materials specifications.
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, li~zhtin__., 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
Landscape Plan for the entire tract.
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23B.10.2 Areas to be Landscaped.
Greenbelt:
(1) The greenbelt along U.S. Highway 31 shag 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 snail be unoccupied except for plant material, steps, walks, terraces,
bike paths, driveways, lighting standards, signs, and other similar structures (excluding
a private parking area). Mound'mg and other innovative treatments are to be especially
encouraged in this area. Pedestrian wall<ways 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 often (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:
(I) 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 ori~nal designs are encouraged.
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.
Planting Wkhin 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 (I0) 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.)
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Entry Drives: Same planting unit standards as on parallel roads.
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.
Landscape Buffering Adjacent to Residential Areas: Bufferyard width and planting
specifications shall occur per the Commission guidelines for landscape buffeting
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.
23B.10.3 Landscaping Standards.
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.
be used:
Canopy Trees:
Ornamental Trees:
Shrubs (only):
The following minimum widths for interior planting areas shall
9 feet wide
7 feet wide
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 (I 00) 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.
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Ii. Materials: All plants proposed to be used in accordance with any landscaping plan shall
meet the following specifications:
(I) 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 heist.
(3) Evergreen trees: a minimum height of eight (8) feet, a width of not less than 3/5 oS
the height.
(4) Deciduous shrubs: Minimum height of twenty-four (24) inches, with no less than
six (6) main branches upon planting.
($) 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.
Installation: All required landscaping shall be installed prior to the issuance of a Certificate
of Occupancy by the Department. l. fit 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.
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.
Changes Al~er Approval: No landscaping which has been approved by the Comnfission
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.
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Inspection: The Director shall have the authority to visit any tract ~xSthin 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 desig'n, 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.
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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.I2
Parking Requirements:
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 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 ofurdform desi~, color
and materials.
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 fii~een (15) feet.
All site pole lights and wall mounted lights shall be low-level, 90° cutoffluminaires and
shall not spill over into adjoining properties in excess of 0.3 foot candles in commercial
areas, and 0. I foot candles in residential areas.
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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 lmdividual Tracts: As U.S. Highway 31 is a limited access highway, and as access
to individual tracts along tiffs 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 ~eenbelt, 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 ;o funnel traffic onto
major arterial roads rather than into residential areas and roads that may adjoin or be near tkis
Overlay Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular
access, greenbelt design and parking.
23B.16 Other ADLS Requirements.
23B. 16.1 Outside Storage of Refuse: No outside, unenclosed storage of refuse (whether or not in
containers) or display ofmemhandise shall be permitted on any tract..&il refuse shall be
contained completely with/n 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 requ'zrements 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. Higahway 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
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l~J8 US 31 Overt~F Amendmen~ Color.doc
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, parldng, signage, lighting and access (ADLS), as well as ali necessary supporting
documents and mater/als. 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: Foliowing the receipt of the written
application, DP and/or the required information on architectural design, landscaping, parking,
siguage, 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. Ir'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 ~'o (2)
year per/od, the DP and/or ADLS request must be re-submitted to the Commission.
B. If the DP anek'or .-kDLS 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
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1998 US 31 Overlay Amendment C;oJor.doc
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 fn'm 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.
Whenever an apphcant 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 HardsbAp Exception from the terms
ofParagraph A. Upon receipt ora 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 aider the applicant has notified the Commissioner of the Indiana
Depam~ent 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.
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 Para.apb 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 eam/ng 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 3 I, 2002.
DEFINITIONS
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 re'flew
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 Sl Overlay ~mendment Color.doc
14
PASSED by the Common Council of the City of Carmel, Indiana this ._~day of /~/~.~e./-u
,1999, by a vote of ~ ayes and ~ nays.
'lfer, President, Comm~ Counc'fl
R6nald E. Carter Billy L. Walker
Diana L. Cordr~y, Clerk-Treast~r '
Presented by me to the Mayor of the City of Carmel, Indiana, this
1999, at q~,,~ o'clock.
day of
Diana L. Cordray, Clerk-Treasure{'~
Approved by me, Mayor of the City of Carmel, Indiana, this/? day of
ATTEST:
Diana L. Cordray, Clerk-Treasur~l'
1999 US 31 Overlay Zone Amendment Draft. doe
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