HomeMy WebLinkAboutPacket 02-06-12 City CouncilTO: Carmel City Council
FROM: Adrienne Keeling 14,
Department of Community Services
SUBJECT: Z- 554 -12 Z- 555 -12
DATE: January 27, 2012
MEMORANDUM
Please find information on the following item forwarded by the Plan Commission attached. This item will appear
on your February 6 agenda.
Forwarded with afavorable recommendation:
Ordinance Z- 554 -12 (Docket No. 11080011 Z):
Monon Overlay Rezone, Natural Section North
Petition amend the Official Zoning Map by rezoning properties which abut the Monon Greenway north of 1S Street NW to
146 Street, to establish the Monon Greenway Overlay Zone. Filed by the Carmel Department of Community Services on
behalf of the Carmel Plan Commission.
Ordinance Z- 555 -12 (Docket No. 11080013 OA):
Monon Overlay Text Amendment
Petition to amend Zoning Ordinance Chapter 23H: Monon Greenway Overlay Zone in order to modify the development
standards. Filed by the Carmel Department of Community Services on behalf of the Carmel Plan Commission.
Background:
In 2007 and early 2008 the Plan Commission and Council worked to establish a set of Development Standards specific to
developments along the Monon Greenway. The effort was made in response to concerns from citizens, Council and Plan
Commission members over the many developments, which were either proposed or under construction, along the Monon.
The result was Zoning Ordinance Chapter 23H: Monon Greenway Overlay Zone, which was adopted by Council
Ordinance Z- 515 -07, and effective April 21, 2008.
It is important to note that the 2007 -2008 process was only a TEXT AMENDMENT to the Zoning Ordinance. For the
Overlay Zone standards to be implemented and enforced, a REZONE is needed to identify property to be within the
Monon Greenway Overlay Zone. The first of likely three phases of rezoning is proposed by Ordinance Z- 554 -12.
Both proposals had a public hearing at the September Plan Commission meeting. Initially, there were no proposed
amendments to Chapter 23H; however, many questions, concerns and comments were raised by the public. Most of
which were addressed by adjusting the development standards. The proposed amendments to Chapter 23H are included
in Ordinance Z- 555 -12. Ultimately, both Ordinances received unanimous favorable recommendation to you by the Plan
Commission.
Proposed REZONE (Z- 554 -12):
The proposal before you is to REZONE property to be included in the Monon Greenway Overlay Zone. In an effort to
make the process manageable, the Department chose to begin with the northern segment of the Monon Trail from 146
Street to 1S Street NW. This segment of the Monon corresponds with the northern Natural Section according to Chapter
23H: Monon Greenway Overlay Zone.
After much discussion by the Plan Commission, it was determined that the best method of determining the boundary of
the Overlay Zone was to measure a consistent distance from the centerline rather than to follow property lines.
Therefore, a Boundary Distance of 88' on each side of the centerline is now proposed, as it would encompass
2012 -0206: Z- 554 -12 Z- 555 -12; Council Report.doc
Page 1 of 3
everything in the proposed required setbacks. There were some exceptions made. For instance, properties with fronts
facing a street located next to the Monon Trail were excluded (e.g. along the west side of Rohrer Road and the east side
of 2' Avenue NW). The enclosed ordinance includes exhibits which both describes and illustrates the proposed
boundaries.
Proposed ORDINANCE AMENDMENT (Z 554 12):
Most of the discussion at the Plan Commission and its Subdivision Committee revolved around the actual Development
Standards in Chapter 23H of the Zoning Ordinance. A revised ordinance is enclosed which shows the redline version of
the changes. The proposed amendments are summarized as follows:
1. Purpose, Intent Authority. A new sentence was added at the end of the first paragraph that mentions the 33'
Greenway easement. You'll see in the setback section that the setback distances have been re- stated to measure
from the centerline rather than the 33' Monon easement.
2. Section 23H.01 District Boundaries. We have adjusted the district boundary language to reflect the distance of
88' from the centerline to match the proposed boundary map. That distance also happens to be concurrent with
the largest required setback.
3. Section 2311.01.04: Existing PUDs will continue to follow the requirements of the approved PUD Ordinance,
thereby eliminating conflicts and creating nonconformities for previously approved projects such as Traditions on
the Monon, Village Green and Cobblestone Commons.
4. Section 23H.01.05: Conflicts. All language regarding conflicting ordinances /overlay zones was consolidated
into this section. Verbiage was also added to require the Monon Setbacks apply in the US 31, Old Town and
Home Place Overlays, even though those Overlays would supercede the Monon Greenway when they conflict in
other instances.
5. Section 23H.05: Building Setbacks. Several revisions have been made to this section, as it has been the main
focus of discussion. The revisions are summarized as follows:
a. The Minimum Greenway Setback sections have been re- stated to measure the distance from the
centerline.
b. Exemptions have been established for structures on existing lots so property owners, primarily existing
residences, may continue under their existing zoning. This eliminates conflicts and creating
nonconformities for existing residents.
c. Restrictions on Room Additions have been removed.
d. Restrictions on Accessory Buildings were removed and replaced with a reference to the existing zoning
ordinance section for Accessory Buildings.
e. New Principal Buildings would need to be 88' feet from the Monon Centerline (55' from the 33'
Greenway Easement). This would only apply to new subdivisions, rezones, or plat amendments resulting
in additional Principal Buildings.
f. The Conflicting Requirements sections have been moved to 23H.01.
6. Section 23H.06: Greenway Access Points. This section addresses the process to make a connection to the
Monon Greenway from a private property. It has been re- arranged to differentiate between new construction and
existing buildings.
7. Remaining Revisions Sections 23H.11.02, 2311.11.03, 23H.12 &23H.14: These revisions are simply to clarify
that the requirements only apply for projects which require Plan Commission Approval.
8. Potential Nonconformities. These concerns are addressed by exempting existing lots and PUDs from the
Minimum Greenway Setback.
In conclusion, the Department believes both the Proposed Rezone and Revised Overlay Zone are suitable solutions to the
concerns raised by property owners regarding undue restriction on their existing or approved homes as well as to the
2012 -0206; Z- 554 -12 Z- 555 -1 Council Report.doc
Page 2 of 3
original concerns raised about maintaining the character of the Monon Greenway. As such, following appropriate review
and discussion we ask for the Council's approval of both Ordinances.
The information on this item has been arranged in the following format:
1. Copy of PC Certifications
2. Copy of the Ordinance Proposal Z- 554 -12
3. Copy of the Ordinance Proposal Z- 555 -12
2012 -0206; Z- 554 -12 Z- 555 -12; Council Report.doc
Page 3 of 3
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE OFFICIAL ZONING MAP OF CARMEL /CLAY TOWNSHIP TO
INCLUDE THE MONON OVERLAY ZONE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
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 (Docket No. 11080011 Z)
of the City of Carmel, petitioning the Commission for a favorable recommendation to rezone properties
generally located along the Monon Greenway, between 146` Street and First Street NW to include them in
the Monon Greenway Overlay District.
The Carmel Plan Commission's recornmendaiion on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on January 18. 2012. the Carmel Plan Commission voted ten (10) in
Favor, zero (0) Opposed. zero (0) Abstaining to forward to the Common Council the proposed Ordinance
Z 554 with a FAVORABLE recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7
4- 608(f)(4), 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 this Certificath n (January 26, 2012) is Wednesday, April
25, 2012.
ATTEST:
Ramona Hancock, Secretary
Carmel Plan Commission
Dated: January 26, 2012
201241125: Z- 544 -12 Monon Overlay PC Certification.doc
ORDINANCE Z- 554 -12
CARMEL PLAN CO MISSION
BY: r/ 1 diiI41
Ja j or Vin, President
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
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
An Ordinance to Amend Chapter 23H: Monon Greenway Overlay Zone of the Zoning Ordinance.
The Carmel Plan Commission offers you the following report on the application to the (inunission
(Docket No. 11080013 OA) to Amend Chapter 23H: Monon Greenway Overlay Zone in orde4o modify
several regulations that were changed during the rezoning of the affected parcels in the Natal Section
North of the Overlay. w
The Carmel Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on January 18, 2012 the Commission voted ten (10) in Favor. zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z 555 with a
Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36 -7 -4-
607(c)(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 (January 26, 2012) is
Wednesday. April 25, 2012.
ATTEST:
Ramona Hancock, Secretary
Carmel Plan Commission
Dated: January 26, 2012
2012 -0126; L- 555 -12; PC Certitication.doc
ORDINANCE Z- 555 -12
CARMEL PLAN CO
BY:
MISSION
Ja For President
ORDINANCE Z- 554 -12
Sponsor: Councilor Rider
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, REZONING PROPERTIES ALONG THE MONON GREENWAY
Rezoning properties along the Northern portion of the Monon Greenway, between 146` Street and 1'` Street
NW from the R -1 /Residence, R -2 /Residence, R -4 /Residence, P -1 /Park and Recreation, and PUD /Planned
Unit Development District Classifications to the following: R -1 /Residence within. the Monon Greenway Overlay,
R -2 /Residence within the Monon Greenway Overlay, R -4 /Residence within the Monon Greenway Overlay, P -1 /Park
and Recreation within the Monon Greenway Overlay, and PUD /Planned Unit Development within the Monon
Greenway Overlay District Classifications
WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning
ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the
City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which
zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the
map that is part of the zoning ordinance; and
WHEREAS, the Carmel City Council of the City of Carmel, Indiana received a favorable
recommendation from the Carmel Advisory Plan Commission on Wednesday, January 18, 2012, regarding the
rezoning of the real property as described in Exhibit A, and which is illustrated in the location maps of
Exhibit B also attached hereto.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as
follows:
Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby
changed to designate real property from the from the R -1 /Residence, R- 2/Residence, R- 4/Residence, P- 1/Park and
Recreation, and PUD /Planned Unit Development District Classifications to the following: R -1 /Residence within the
Monon Greenway Overlay, R- 2/Residence within the Monon Greenway Overlay, R -4 /Residence within the Monon
Greenway Overlay, P -1 /Park and Recreation within the Monon Greenway Overlay, and PUD /Planned Unit
Development within the Monon Greenway Overlay District Classifications.
Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed.
Section 3. 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 2012,
by a vote of ayes and nays.
2/6/2012
Ordinance Z- 554 -12 DRAFT
1
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
Ronald E. Carter W. Eric Seidensticker
Sue Finkam
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Prepared by:
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
2/6/2012
Luci Snyder
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2012, at .M.
Diana L. Cordray, IAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2012, at .M.
James Brainard, Mayor
Ordinance Z- 554 -12 DRAFT
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EXHIBIT A
PROPERTY DESCRIPTION
Rezone of properties located along the Monon Greenway, between 146 Street and 1" Street NW, bound by
the following area:
2/6/2012
Beginning at the intersection of the eastern right -of -way of Rohrer Road and the southern right -of -way of 146th
Street;
thence east along the southern right -of -way of 146th Street to a point eighty -eight feet (88') east of the
centerline of the Monon Greenway;
thence southward, maintaining a distance of eighty -eight feet (88') parallel with the centerline of the Monon
Greenway, to the northern right -of -way of 3` Street NW;
thence west along the northern right -of -way of 3' Street NW to the western right -of -way of 2 Avenue NW;
thence south along the western right -of -way of 2 Avenue NW to the centerline of l Street NW;
thence west along the centerline of 1st Street NW to a point eighty -eight feet (88') west of the centerline of the
Monon Greenway;
thence northward, maintaining a distance of eighty -eight feet (88') parallel with the centerline of the Monon
Greenway, to the eastern right -of -way of Rohrer Road;
thence north along the eastern right -of -way of Rohrer Road to the point of beginning.
Ordinance Z- 554 -12 DRAFT
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WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance amending the development standards of the Monon Greenway Overlay Zone in the Carmel
8 Zoning Ordinance
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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
15 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
16 the official Comprehensive Plan of the City of Carmel and Clay Township; and
ORDINANCE Z- 555 -12
19 WHEREAS, pursuant to Indiana Code 36 -7-4 -602 the Common Council is authorized to amend the
20 text of the zoning ordinance; and
21 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the
22 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
23 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
24 that, pursuant to IC 36 -7-4 -600 et seq. and after Docket No. 11080013 OA having received a favorable
25 recommendation from the Carmel Advisory Plan Commission on Wednesday, January 18, 2012, it hereby
26 adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as
27 follows:
28 Section I:
29 ZO CHAPTER 23H: MONON GREENWAY OVERLAY ZONE
30 a. Amend Chapter 23H.• Monon Greenway Overlay Zone to read as follows:
31 23H.00 Monon Grecnway Overlay Zone.
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02106.12
Ordinance Z- 555 -I2
Sponsor: Councilor Rider
23H.00.01 Purpose, Intent and Authority. The purpose of this overlay zone is to protect and enhance the health,
safety and welfare of the citizens and property owners of Carmel and Clay Township by protecting the
physical integrity of the Monon Greenway, including its ballast foundation and drainage ways, and by
complying with the Monon Greenway easement covenants as they pertain to the natural character and
existing vegetation of the trail and its protection. For purposes of this Zone, the Monon Greenway shall be
defined as any property conveyed to the City of Carmel, by title or easement, for purposes of establishment of
the Monon Trail. Typically, the Monon Greenway is established at a width of thirty -three feet (33') on each
side of the surveyed centerline.
It is the City's intent to achieve the purpose of this zone by:
Providing a consistent design treatment for properties along Monon Greenway;
Providing controls for architecture and landscape design that establish continuity of design between
projects and to improve the physical relationship and human scale between new buildings and the Monon
Greenway;
Protecting the Monon Greenway character;
Protecting the physical integrity of the Monon Greenway.
1 This district is superimposed over the other primary zoning districts and its rcgulations shall superscdc those
2 of the primary zoning districts over which it is superimposed. In establishing this zone, the Plan Commission
3 and Council relies on I.C. 36 -7 -4 -1400 et seq.
4 23H.00.99 Application Procedure.
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A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). See Section 24.99(B):
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
23H.01 District Boundaries. The boundaries of the Monon Greenway Overlay Zone (the Zone) are hereby established as approved
on the Zoning Map, generally extending eighty -eight (88) feet from the centerline of the Monon Greenway. Diagram 1
illustrates, generally, the boundaries of the Urban and Natural Sections.
13 23H.01.01 Urban Section Boundary. Properties which abut the Monon
14 Greenway from First Street NW to the southern property line of
15 properties fronting the south side of Carmel Drive.
16 23H.01.02 Natural Section Boundary. Properties which abut the Monon
17 Greenway from I46' Street to First Street NW and Carmel Drive
18 to 96 Street.
19 23H.01.03 Parcels in the C -1 /City Center and C-2/01d Town Districts
20 shall be exempt from the requirements of the Zone.
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23H.01.04
24 23H.01.05 Conflicts. The US Highway 31 Corridor, Old Town District
25 and Home Place District Overlay Zones shall govern over the
26 Monon Greenway Overlay Zone where conflicts exist, except the
27 requirements in Section 23H.05: Building Setbacks shall apply.
28 The Monon Grecnway Overlay Zone shall also govern in instances
29 where other Overlay Zones arc silent.
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32 23H.02 Plan Commission Approval.
33 23H.02.01 The Plan Commission must approve, approve with conditions,
34 or disapprove the Development Plan (DP) and Architectural
35 Design, Exterior Lighting, Landscaping and Signage (ADLS) for
36 any tract of land in the Urban Section of the Monon Greenway
37 Overlay Zone. DP and ADLS review is required in the Natural
38 Section, pursuant to the requirements of the underlying primary
39 zoning district.
40 23H.02.02 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional
41 and quantitative standards of this Chapter, by not greater than thirty-five percent (35 Any approval to
42 permit such a waiver shall be subject to the following criteria:
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Structures within an approved Planned Unit Development
(PUD) may continue to follow the requirements of the approved
PUD Ordinance.
Diagram 1: Urban Natural Sections
Sr ra
A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and
neighborhoods.
45 B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or
46 detract from the appearance of the Development Plan or the District, and shall not adversely affect
47 emergency vehicle access
48 C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to:
49 Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic.
50 In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the
51 purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition
52 the Board of Zoning Appeals for a variance from development standards provided under IC 36 -7-4 -918.5 and
53 this Zoning Ordinance.
02e06112
Ordinance Z- 555 -12
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6 23H.03.02 Residential uses arc permitted in the Zone, regardless of the underlying primary zoning district.
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9 23H.04 Prohibited Uses. See Appendix A Schedule of Uses.
10 23H.04.01 Prohibited Uses.
11 Mobile Home Court, Penal or Correctional Institution, Commercial Sewage or Garbage Disposal Plant, Water
12 Management and Use Facility, Lumber/Building Materials Sales (enclosed), Automobile Service Station,
13 Restaurant (with drive -thru sales), Automobile/Boat Sales, Automobile/ Truck Repair (indoor), Car Wash,
14 Commercial Kennel, Dry Cleaning Establishment (with on -site plant), Funeral Home/Mortuary/Crematory,
15 Self service Laundry, Veterinary Hospital with commercial kennel, Wholesale Sales, Stadium or Coliseum,
16 Feed Store, Grain Elevator, Shooting Gallery, Sexually Oriented Businesses, All Industrial Uses in Appendix
17 A (Type of Uses).
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20 23H.05 Building Setbacks.
21 23H.05.01 Urban Section.
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3 23H.03 Permitted Uses. Scc Appendix A Schedule of Uses.
02/06,12
23H.03.01
All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly
prohibited by Section 23H.04, are permitted in the Zone.
A. Minimum Greenway Setback.
1. Minimum:
Twe}.re- Forty-five feet (12'•45'), measured from the
enterline of the Monon
Grcenway. See also corresponding Building Heights, as prescribed by Section
23H.08.01.
2. Maximum: There is no maximum setback; however, the area adjacent to the Greenway
may not be used solely for parking. In addition, this area must reflect an awareness of
the Greenway and shall not adversely impact the character of the Greenway.
B. Front Setbacks not abuttin&, the Monon Greenway. Requirements per underlying primary zoning district
or applicable Overlay Zone.
BC. Side and Rear Setbacks. Fifteen (15) feet.
23H.05.02 Natural Section.
A. Minimum Greenway Setback. Setbacks shall be measured from the edge centerline of the Monon
Greenway, which encompasses the gan&€al presumed thirty -three feet (33') half right -of -way
and/or easement.
Structures on Lots recorded prior to January 1, 2012 may continue to follow the requirements of
the underlying primary zoning district or Overlay Zone, when applicable. However, if any
Subdivision or Primary or Secondary Plat amendment recorded after January 1, 2012, allows for
the construction of more Principal Buildings within the affected subdivision, then any additional
Principal Building shall comply with the Minimum Greenway Setback for New Principal
Buildings.
2. New Principal Buildings: Nighty -eight (88) feet.
Ordinance Z- 555 -12
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23H.06 Greenway Access Points.
12 23H.06.01 New Principal Buildings: Greenway Access Points, for new residential or any commercial construction,
13 shall be designed and built in accordance with an approved Plan and to Parks Board Standards.
14 C
onnection intervals
15 shall be approved by the Director of Carmel Clay Parks. All access points shall be constructed of durable
16 materials and shall be designed as to not impede drainage ways. Where determined appropriate, a non access
17 agreement may be required to be recorded.
18 23H.06.02 Existing Buildings: Greenway Access Points from existing buildings must receive the approval of the
19 Director of Carmel Clay Parks. All access points shall be designed as to not impede drainage ways.
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22 23H.07 Building Orientation Footprint.
23 23H.07.01 Urban Section.
24 A. Orientation: Every parcel with frontage on the Monon Greenway must have at least one building
25 elevation that fronts on the Greenway.
26 B. Maximum Building Footprint: 15,000 square feet.
27 C. Maximum Facade Length: 150 feet.
28 23H.07.02 Natural Section.
29 A. Maximum Building Footprint: 15,000 square feet.
30 B. Maximum Facade Length: No facade greater than 80 feet in length shall be parallel with the Greenway.
31 Longer facades must be oriented at an angle greater than or equal to 60 degrees from the
32 property line abutting the Greenway.
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35 23H.08 Building Height.
36 23H.08.01 Urban Section.
37 A. Minimum Height: None.
38 B. Maximum Height: Sixty feet (60'), or as permitted in the primary underlying zoning district.
39 1. When used, facade step backs shall be at least twenty feet (20') in depth and shall be
40 constructed as usable outdoor space, such as a rooftop patio or garden.
41 23H.08.02 Natural Section.
42 A. Minimum Height: None.
43 B. Maximum Height: As permitted in the primary underlying zoning district or applicable Overlay
44 Zone.
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47 23H.09 Building Requirements.
48 23H.09.01 New principal buildings with a gross floor area containing more than 15,000 non residential square feet
49 shall contain a shower, changing and locker facility accessible for employee use.
02/06.
3. Accessory Buildings: See Section 25.01: Accessory Buildings Uses.
B. Setbacks not abuttin the Monon Greenwa.. Requirements per underlying primary zoning
district or applicable Overlay Zone.
Ordinance Z- 555 -I2
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1 23H.09.02 New principal buildings with a gross floor arca containing more than 15,000 square feet shall provide
2 covered, long term bicycle parking at a ratc of one space per 5,000 square feet. Long term bicycle parking
3 may include an indoor storage area and/or exterior bicycle lockers, as approved as part of an ADLS plan.
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6 23H.10 Architectural Design. Buildings in the Urban Section with frontagc on the Grecnway must include the following
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23H. 1 0.08
23H.10.09
Large blank facades are not allowed. Buildings with continuous facades that are fifty feet (50') or
greater in width, shall be designed with offsets (projecting or recessed) not less than eight feet (8') in depth
and continuous for not less than twenty -five feet (25') along the length of the facade.
11 All elevations shall exhibit variety through inclusion of architectural elements such as windows and
12 surrounds, storefronts, doors, special brick coursing, pilasters, lintels, canopies and covered walkways or
13 recesses. Facades shall also exhibit variable roof heights, a diversity of building materials and varied building
14 mass within a given structure.
15 Architectural elements shall be arranged in a balanced, relatively uniform fashion. Faux window openings
16 and special masonry coursing may be used in service areas, especially areas where rooftop skylighting is
17 designed.
18 23H.10.02 Ground and upper floors shall utilize transparent glass; the ground floor elevations of non residential
19 uses must incorporate the transparent glass as a significant component.
20 23H.10.03 The first floor and all other floors will have a coordinated composition, which will usually be indicated
21 by the alignment of upper floor windows and other features with openings and features of the first floor.
22 23H.10.04 Retail storefronts shall have a primary entrance oriented along the Greenway on the first floor of the
23 building, other entrances such as pedestrian entrances to parking areas shall be permitted on non Greenway
24 facades.
25 23H.10.05 Every facade of a building abutting the Greenway must have openings for windows.
26 23H.10.06 Large expanses of glass are allowed, but no facade may be constructed entirely of a metal and glass
27 curtain wall.
28 23H.10.07 Fixed or retractable awnings are encouraged if they complement a building's architectural style, material,
29 colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative
30 details); do not impair facade composition; and are designed as an integral part of the facade. Awnings may
31 not be internally illuminated.
Pedestrian scale detailing is required at the ground level. As the buildings will be viewed very close up,
it is important to exhibit articulated detail and ornament that is scaled to the pedestrian. Examples
include, but are not limited to cornices, columns, pilasters, lighting, decorative moldings, sills and quoins, as
well as canopies, awnings covered walkways and other similar sheltering features.
Modulation of the roof and/or roof line will be required in order to eliminate box shaped buildings.
Parapets must be fully integrated into the architectural design of the building and provide seamless design
transitions, including exterior materials between the main building mass, mechanical penthouses and other
roof structures. Should they be used, partial parapets shall have a return that extends inward to at least the
first structural bay, or twenty (20) feet, whichever is greater. Parapet heights shall vary by no less than 3 feet,
including between neighboring structures on the same or adjacent parcel.
42 23H.10.10 Architectural styles, primary materials, building setbacks, separations, heights and mass shall vary
43 among neighboring buildings along the Greenway.
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46 23H.1 I Landscaping and Tree Preservation.
47 23H.I 1.01 Urban Section.
48 A. Tree Preservation Requirements: It is the goal of the Monon Greenway Overlay to preserve existing
49 vegetation within the Greenway Easement of Right -of -Way according to the Monon Greenway
50 covenants. Alterations to the existing vegetation in the Monon Greenway may be sought
51 through a DP /ADLS proposal. Such alterations require the approval of the Director of Carmel
52 Clay Parks. Otherwise no changes to the Greenway vegetation may be made. Any proposed
53 preservation or alteration outside of the Greenway shall be reviewed by the Urban Forester and
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1 Plan Commission and must be in accordance with Section 2311.11.03. Whcn deemed
2 appropriate, and upon the approval of the Urban Forester, mitigation may occur within the
3 Monon Greenway.
4 B. Planting Requirements:
5 1. When a Development Plan or other Commission approval includes or requires reconstruction of
6 the Greenway, the landscape plan shall comply with the Monon Greenway Cross Section
7 requirements and must meet the approval of the Director of Carmel Clay Parks and the City of
8 Carmel Urban Forester.
9 2. The Greenway Setback shall be landscaped with a combination of shade trees, low shrubs,
10 planting beds and grass or ground cover, with exceptions for appropriate pedestrian access to
11 building entrances.
12 3. Alternatively, the Greenway Setback may be covered with decorative hard surfaces and/or
13 pavers to allow seating areas or outdoor tables, such areas shall be surrounded by low shrubs or
14 planting beds.
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4. Remaining facades shall have foundation plantings in beds no less than five (5) feet in width,
with exceptions for appropriate pedestrian access to building entrances. Initially, plantings shall
cover at least 50% of the base of the building (horizontally) and be at mature height and
coverage within three (3) years.
Natural Section.
A. Planting Requirements: When Perimeter Buffering is required per Chapter 26.04: Perimeter Buffering
arements, Plantings- plantings along the Monon Greenway shall be provided at a rate equivalent
to a Bufferyard
23 B. Tree Preservation Requirements: Existing vegetation within the Greenway Easement or Right -of -Way
24 shall be preserved in accordance with the Monon Greenway covenants. Proposed preservation plans
25 or alterations to the existing vegetation in the Greenway require the approval of the Director of
26 Carmel Clay Parks. Otherwise no changes to the Greenway vegetation may be made. Any
27 proposed preservation or alteration outside of the Greenway shall be reviewed by the Urban Forester
28 and must be in accordance with 23H.11.03.
23H.11.03 General Landscaping Requirements. The requirements of this section shall apply to projects which
require Plan Commission approval, including DP, ADLS and Primary Plat review.
31 A. Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design.
32 The landscape plan must preserve not less than 75% of all trees that are 6" DBH or larger and located
33 within the required yard/setback areas.
34 B. A five -foot (5') wide planting strip shall be provided along all sides of parking areas. The minimum
35 planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. In areas where the
36 planting strip is isolated from other lawn or green areas by sidewalks, drives or other impervious
37 surfaces, then the Plan Commission may require structural soil technologies be applied to sustain the life
38 of plantings.
C. Parking areas shall be located at the rear or side of buildings, and screened from the Greenway by low
walls, low fences, or hedges, or a combination thereof. Plant materials shall be at least four feet (4') in
height within three (3) years.
42 D. Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted
43 one (1) shade tree and five (5) shrubs per every nine (9) spaces.
44 E. The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the
45 architecture of the Principal building(s) in construction material and detailing. No openings or access
46 gates for trash enclosures shall face the Monon Greenway.
47 F. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of
48 Occupancy by the Department. If it is not possible to install the approved landscaping because of
49 weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of
50 Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape
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Ordinance Z- 555 -12
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1 G. It shall be the responsibility of the owners and their agents to insurc proper maintenance of all trees,
2 shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards sct by
3 this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties
4 or a suitable substitute, irrigation and mulching of planting areas, and keeping the arca free of refuse,
5 debris, rank vegetation and weeds.
6 H. All landscaping is subject to approval by the Commission. No landscaping which has been approved by
7 the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining
8 further Commission approval. However, minor material alterations in landscaping may be approved by
9 the Director or his designee in order to conform to specific site conditions.
10 I. Ground level mechanical/ telecommunication equipment shall be fully screened so that it is not visible
I 1 from the Greenway and any adjoining residential zoncs or uses using walls, fencing, landscaping, or
12 other method approved by the Commission.
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15 123H.12 Lighting. The requirements of this section shall apply to projects which require Plan Commission approval, including DP,
16 ADLS and Primary Plat review.
17 23H.12.01 Exterior lighting of the building(s) or site shall be designed so that light is not directed off the site and the
18 light source is shielded from direct offsite viewing.
19 23H.12.02 Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop
20 lighting shall be prohibited.
21 23H. 12.03 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low
22 level fixtures.
23 23H.12.04 The maximum height of light standards in parking areas shall not exceed the building height, or twenty-
24 I five (25) feet, whichever is less. When light standards abut or fall within ninety (90) feet of single
25 family residential properties, their height shall not exceed fifteen (15) feet.
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28 23H. 13 Signage. All signs shall be in accordance with Chapter 25.07: Sign Ordinance and other applicable District Overlay
29 Requirements. In addition, the following standards shall apply to signs facing the Monon Greenway:
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23H.14 Parking. The requirements of this section shall apply to projects which require Plan Commission approval, including DP,
ADLS and Primary Plat review.
23H. 14.01
23H.14.02
Wall Signs are allowed in the Urban Section provided that they fit within the horizontal and vertical
elements of the building and do not obscure details of the building. No sign shall be allowed to extend above
the cornice line of a building. Wall Signs shall be no larger than ten (10) square feet and shall be in
accordance with an approved ADLS.
Projecting Signs no larger than six (6) square feet are allowed for new or existing buildings in the Urban
Section which comply with setback, orientation and height requirements, as specified in Sections 23H.05,
23H.07 and 23H.08 of this Chapter.
Parking shall be provided per Chapter 27: Additional Parking Loading Regulations, unless otherwise
stated for parcels in the Old Town District Overlay Zone.
Bicycle parking shall be provided in accordance with Section 27.06: Bicycle Parking; however, the
required number of bicycle parking spaces in the Overlay Zone shall be double. The number of spaces may
include the long -term bicycle parking required in Section 23H.09.02. Upon approval by the Alternative
Transportation Coordinator, bicycle parking may be located in the Monon Greenway Easement (Urban
Section only)..
48 23H.14.03 Parking areas shall be set back not less than 20 feet behind the Front Line of Building, and shall include
49 landscaping as required in Section 231-1.11.03. Open spaces created by this setback shall become pocket
50 parks, landscaped gathering spaces or space for other greenway- related amenities.
51 23H.14.04 Parking structures are permitted adjacent to the Monon Greenway; provided that all levels of the facade
52 facing the Greenway are a non parking use, or a below -grade parking structure acts as a building foundation
53 completely screened from the view of the Greenway. Uses may be residential or non residential in nature,
54 and shall comply with Sections 23H.03 and 231-1.04 of this Chapter.
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Boundary Markers. Upon application for Commission approval a staked survey must be complctcd to
determine the Monon Greenway property line. Prior to commencing and throughout the duration of
construction, boundary markers shall be placed at the edge of the Monon Greenway Right -of Way.
Monuments shall be at least twenty-four inches (24 in height and placed at the property corners abutting the
Greenway. In addition, a temporary construction fence shall be placed along the Greenway boundary prior to
site work commencing and throughout the duration of construction.
Monon Documents. Upon application for Commission approval applicant must provide a copy of the
deed by which the title and any associated easements were conveyed.
All other requirements not mentioned in this Section shall remain as stated for that primary zoning
classification district mapped.
Section II: All prior Ordinances or parts
repealed.
Section III: This Ordinance shall be in
Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this
2012, by a vote of ayes and nays.
thereof inconsistent with any provision of this Ordinance are hereby
full force and effect from and after its passage and signing by the
Ordinance Z- 555 -12
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day of