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HomeMy WebLinkAboutDraft OrdinancesCERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-444-04 Add Chapter 23F: Range Line Road/Carmel Drive Overlay Zone. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 04010027 OA) to the Commission to Add Chapter 23F: Range Line Road/Carmel Drive Overlay Zone. The Cannel Plan Commission's recommendation on the petition of the Department of Community Services is No Recommendation. At its regular meeting of September 21, 2004, the Carmel Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-444-04 with a No Recommendation vote. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to lC 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 this Certification (Sept. 29, 2004) is Tuesday, December 28, 2004. RamOna H~cock, Secretary ' Carmel Advisory Plan Commission Dated: Wednesday, September 29, 2004 2004-0929; Z-444-04; Range Linc Rd Carmel Dr Overlay Certification CARME~ p~LAN COMMISSION merc' an, Received SEP 2 9 MEMORANDUM TO: Land Use, Annexation & Economic Development Committee FROM: Adrienne Keeling Department of Community Services SUBJECT: Z-444-04 DATE: December 3, 2004 Please lind attached a revised Carmel Drive Range Line Road Overlay Ordinance reflecting the Committee's amendments from November 18. If you have any questions, please do not hesitate to contact me at 317-571-2417. Cotmcil Report 2004 1203 12/03/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sponsor(s): Councilor Rattermann ORDINANCE NO. Z-444-04 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23F: Carmel Drive - Range Line Road Overlay Zone. 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 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by providing a temporary regulation that will complement the ongoing redevelopment of Carmel City Center and Old Town, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted; 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 Carn~el Ordinance No. D- 1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel 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. 04010027 OA having received no recommendation from the Carmel Advisory Plan Commission on Tuesday, September 21, 2004, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: a. Adopt Chapter 23F: Carmel Drive - Range Line Road Overlay Zone to read as follows: 23F.00 Carmel Drive - Range Line Road Overlay Zone. 23F.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 by allowing for the establishment of an uptown business district that will support a range of activities and opportunities to all segments of the community; with mixed-uses in multi-story buildings; is pedestrian oriented and supportive of multiple modes of transportation; with buildings and a Ordinance No. Z-444-04 1 12/03/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 23F.01 23F.02 23F.00.99 strcctscape which are attractive and safely designed in order to enhance the livability of the city. It is the City's intent to achieve the purpose of this zone by: · Providing a consistent urban design treatment for private and public properties in central Carmel; · Providing additional opportunities for investment and reinvestment in real estate by mandating higher intensity of development; · Minimizing suburban sprawl, through re-use and redevelopment of the community's Iand resources; · Minimize community infrastructure costs thru the more efficient use of land; · Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall community. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations. 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. In establishing this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 etseq, Application Procedure. 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. Limdscaping and Signage (ADLS). District Boundaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. 23F.01.01 Parcels in the C-l/City Center and C-2/Old Town Districts shall be exempt from the requirements of the Zone. 23F.02.02 23F.02.03 Plan Con~nission Approval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive Range Line Road Corridor Overlay Zone as [cquhTed in Sections 23F.02.02 and 23F,02.03. Development Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions o~: ~ra~difications to existing structures which exceed either of the following: A. Fifty percent (50%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, or l:~; Five th~msam~{5;Ol~g,t) ~lm~r~,4'eet: Architectural Design, Exterior Lighting, Landscaping and Signage, The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23 F. 16, Section 24.03 and such approvals shall be necessary prior to: Ordinance No. Z-444-04 2 12/03/2004 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 23F.02.04 A. The establishment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, maintenance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under lC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted Uses. See Appendix A Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent (75%) of a project's gross floor area in districts where residential is not permitted in the underlying zoning district. 23F.04 Special Uses; Prohibited Uses. See Appendix A - Schedule of Uses. 23F.04.01 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to Section 23F. 03: Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying zoning district(s), shall be deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require SpeciaI Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23 F.04.02 Prohibited Uses. A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A 23F.04.03 Restoration after Destruction of Building. Ordinance No. Z-444-04 3 12/03/2004 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Nothing in this Chapter shall prevent the restoration of a building or structure destroyed less than nintqyonc h~ndrcd percent (90100%) ~!~ !ess of its square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less fl~an mt~e[y ~)nc hut~dred percent (90100%) pr !ess and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans t~rest~t4+}g a bui4,~Img o~ s~meture desm~yed nhtevyj ~t ~00%) or m~shall be subject to obtaining an Improvement Location Permit and payment of fees a!!d comply wit!~ Sections 23F~09 a!!d 23F.!0. 23F.05 23F.05.02 23F.05.03 Building Setbacks. 23F.05.01 Build-to Line. A. Minimum: Zero (0) feet, subject to recorded utility easement(s). B. Maximum: Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C below. C. Up to seventy-percent (70%) of the front faCade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Comrmssion approval. Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. Conflicting Requirements. Wherever there exists a cot~flict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive - Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall govern. 23F.06 Building Orientation. 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Ordinance. 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. 23F.07 Building Height. 23F.07.01 Principal Buildings must have at least two floors ofoccupiable space. The second and higher floors must be at least fifty percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. Ordinance No. Z-444-04 4 12/03/2004 23F.07.02 2 23F.07.03 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 Minimum height: twenty-six (26) feet Maximum height: A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family residential zone. B. Fifty-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Footprint. 23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR). 23F.08.02 Maximum: 40,000 square feet. 23F.09 Construction Materials. 23F.09.01 Principal Buildings must be faced on front and sides with brick, stone, stucco or similarly detailed precast concrete and trimmed in metal, stone, precast concrete, wood, {n stucco, or br/ck. 23F.09.02 Rear building fagade materials may vary, however, its material colors and composition must be coordinated with the front and side faq:ades. 23F. 10 Architectural Design. Buildings in the Zone must t~ built as mnlti s~ory commercial stureli-on~ lypesq whose cha~'ae~e6qic~i~hnieinclude !he following characteristics: 23F.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F.10.02 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.10.03 The faqade shall be provided relief by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F. 10.04 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F.10.05 When applicable, retail storefi'onts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23F.10.06 Every face of the building with frontage on a public street must have openings lbr windows. 23F.10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F. 10.08 Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair faqade composition; and are designed as an integral part of the fasade. Metal or aluminum awnings are prohibited. 23F.10.09 Pedestrian scale detailing is encouraged on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F.10.10 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. Ordinance No. Z-444-04 5 12/03/2004 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 23F.11 Landscaping. 23F.11.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F. 11.02 A five-foot (5~) wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. 23F. 11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. 23F. 11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F.11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F.11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of .the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in this zone will be maintained by the City. All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using wails, fencing, landscaping, or other method approved by the Commission. 23F.11.07 23F.11.08 23F.11.09 23F.11.10 23F.12 Lighting. 23F.12.01 23F.12.02 23F.12.03 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and ora design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single- family residentiaI uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Ordinance No. Z-444-04 6 12/03/2004 23F.12.04 2 3 23F.12.05 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 231:.13 Signage. 23F.13.01 23F.13.02 23F.13.03 Prohibited signs: A. Ground Signs B. All other signs specified in Section 25.07.01-4: Prohibited Signs. Wall signs are allowed provided that they fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line ora building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 23F.14 Pedestrian Circulation. 23F. 14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways 3hall be six (6) feet. 23F. 14.03 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 14.04 Pedestrian access shall be coordinated with and provided to adjoining properties. 23F.15 Parking. 23F.15.0l 23F.15.02 23F.15.03 23F.15.04 23F.15.05 23F.15.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section 23F. 1/.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.16 Product Material & Refuse Storage. 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building. 23F. 16.02 Any Accessory Building for storage shall: Ordinance No. Z-444-04 7 12/03/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 23F.16.03 A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the comrmssion. Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. 23F.17 Other Requirements. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F.18 Sunset Provision. This Chapter expires December 31, 2006. Section II: All prior Ordinances or parts thereof inconsistent with a:ny provision of this Ordinance are hereby repealed. Ordinance No. Z-444-04 8 12/03/2004 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-444-04 PASSED by the Common Council of the City of Carmel, Indiana this day of ,2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fred Glaser, District 5 Joe Griffiths, District 4 Kevin Kirby, District 2 Brian Mayo, District 3 Mark Rattermann, At-Large Rick Sharp, District 1 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 9 12/03/2004 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 this Ordinance No. Z-444-04 Presented by me to the Mayor of the City of Carmel, Indiana day of ,2004, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 Approved by me, Mayor of the City of Carmel, Indiana, this day of ,2004, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z-444-04 IO MEMORANDUM TO: FROM: SUBJECT: Land Use, Annexation & Economic Development Committee Adrienne Keeling Department of Community Services Z-444-04 DATE: November I 0, 2004 Please find a revised Carmel Drive - Range Line Road Overlay Ordinance amendment attached. This item will be discussed again at your November 18th meeting. ~qnmmary of Revi~inn~: 1. 23F.02.02 Strike "or modifications" from Development Plan language. 2. 23F.04.03 Increase 90% to 100% for Restoration after Destruction of Building. 3. 23F. 15.01 Exempt upper floor space from parking requirement calculation. 4. 23F. 18 Extend Sunset Provision to July 1, 2008. If you have any questions, please do not hesitate to contact me at } 17-571-2417. Council Repmt 2004-1 I I0b ORDINANCE NO. Z-444-04 ASAMENDED Sponsor{s): Councilor Rattermann AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23F: Carmel Drive - Range Line Road Overlay Zone. WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit of Iocal 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 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by providing a temporary regulation that will complement the ongoing redevelopment of Carmel City Center and Old Town, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted; 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 Carmel Ordinance No. D- 1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE 1T 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. 04010027 OA having received no recommendation from the Carmel Advisory Plan Commission on Tuesday, September 21, 2004, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section l: a. Adopt Chapter 23F: Carmel Drive - Range Line Road Overlay Zone to read as follows: 23F.00 Carmel Drive Range Line Road Overlay Zone. 23F.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 by allowing for the establishment of a uptown business district that will support a range of activities and opportunities to all segments of the community; with mixed-uses in multi-story buildings; is pedcsihan oriented and supportive of multiple modes of transportation; with buildings and a Ordinance No. Z-444-04 23F.00.99 streetscape which are attractive and safely designed in order to eohance the livability of the city. It is the City's intent to achieve the purpose of this zooe by: · Providing a consistcnt urban design treatment for private and public properties in central Carmel; · Providing additional opportunities for investment and reinvestment in real estate by mandating higher intensity of development; · Minimizing suburban sprawl, through re-use and redevelopment of the com~nunity's land resources; · Minimize community infrastructure costs thru the more efficient use of land; · Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall community. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Towa~, and the Avenue of Art and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will sm~e as the basis lbr CBD Zone regulations. 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. In establishing this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq. Application Procedure. A. Development Plan. See Section 24.99(,4): Development Plan. B. Architectural Design, Exterior Lighting, Landscapin~ and Signauc (ADI.S). See Section 24.99(B): Architectural Design, Exterior Lighting, Lamtscaping and Signage (ADLS). 23F.01 District Boundaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. 23F.01.01 Parcels in the C-l/City Center and C-2/Old Town Districts shall be exempt from the requirenrents of the Zone. 23F.02 Plan Commission Approval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone. 23F.02.02 Development Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions ~r mc, di.qcr, tions to existing structures which exceed either of the following: A. Fifty percent (50%) of the original gross floor area of thc existing structure, applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. 23F.02.03 Archilectural Design, Exterior Lighting, Landscaping and Signage. Thc Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set lbrth in Section 23F. 08 through Section 23F. 16, Section 24.03 and such approvals shall be necessary prior to: Ordinance No. Z-444-04 2 23F.02.04 A. The establishment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, maintenance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining st~eetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-%4-918.5 and this Zoning Ordinance. 23F.03 Permitted Uses. See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent (75%) of a project's gross floor area in districts where residential is not permitted in the underlying zoning district. 23F.04 Special Uses; Prohibited Uses. See Appendix A - Schedule of Uses. 23F.04.01 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to Section 23F. 03: Permitted I~'es but which otherwise does conform to the applicable Use provisions of the underlying zoning disn-ict(s), shall be deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23t:.04.02 Prohibited Uses. A. Automobile, Truck, Boat, Mobile ltome, Manufactured 1 tousing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A 23F.04.03 Restoration after Destruction of Building. Ordinance No. Z-444-04 3 Nothing in this Chapter shall prevent the restoratioo of a building or structure destroyed less than ninely percent (90100%) of its square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the coutinuance of thc use, except an illegal nonconforrrfing use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereo£ All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration ora building or structure destroyed less than ninety percent (90104%) and restored according to its state of existence prior to destruction. Ail restorations resulting in a divergence from original plans ar re:grating a ~ui!ding c,r structur,: degtrc, yed ninet3 .........~,~.v~.., x~,-~nno/x ~r marc shall be subject to obtaining an Improvement Location Permit and payment of fees. 23F.05 Buildiug Setbacks. 23F.05.01 Build-to Line. A. Minimum: B. Maximum: below. 23F.05.02 23F.05.03 Zero (0) feet, subject to recorded ut ty easement(s). Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C C. Up to seventy-percent (70%) of the front fagade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. Side and Rear Setbacks. There are no n~nimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the State ltighway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive - Range Line Road Overlay Zone, the State Highway 43I/Keystone Avenue Corridor Overlay Zoue shall govern. 23F.06 Building Orientation. 23F.06.01 Every parcei with frontage on Carmel Drive and/or Range Linc Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parceI must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occopy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Ordinance. 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildiugs shall face a public street, with a primary entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a pronfinent architectural feature and visible from the street. 23F.07 Building Height. 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fifty percent (50%) the size of the building footprint aud must be oriented to the front of the building such that its front line is equal to that of the first floor. Ordinance No. Z-444-04 4 23F.07.02 23F.07.03 Minimum height: twenty-six (26) feet Maximum height: A. Thirty-five (35) feet, or three stories, whichever is greater, il' adjacent to single-family residential zone. B. Fifty-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Footprint. 23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR). 23F.08.02 Maximum: 40,000 square feet. 23F.09 Construction Materials. 23F.09.01 Principal Buildings must be thccd on fi-ont and sides with brick, stone or similarly detailed precast concrete and trinmaed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building lhcade nmterials may vary, however, its material colors and composition must be coordinated with the front and side facades. 23F. 10 Architectural Desitin. Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F.10.02 A distract cornice line at the top of the wall and intermediate horizontal elements, such as a irim at the top of the ground floor are optional. 23F. 10.03 The facade shall be provided relief by windows and sun'ounds, storefi'onts, doors, and features such as special brick coursing, pilasters and lintels. 23F.10.04 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F.10.05 When applicable, retail storel¥onts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies tbr upper floors. 23F.10.06 Every lhce of the building with frontage on a public street must have openings for windows. 23F.10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F. 10.08 Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair facade composition: and are designed as an integral part of the facade. Metal or aluminum awnings are prohibited. 23F. I0.09 Pedestrian scale detailing is encouraged on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F. lO.10 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. Ordinance No. Z-444-04 5 23F.11 23F.11.03 23F.11.04 23F.11.05 23F.11.06 23F.11.07 Landscaping. 23F.11.01 Shade trees shall be planted within thc street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F.11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. Parkiug areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, Iow fences, or hedges. Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plau must preserve not less than 50% of'all trees that are 6" DBH or larger and located within the required yard/setback areas. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy fbr the amount equal to the total installed cost of the remaining, uninstalled landscape material. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, sbmbs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area fi'ee of refuse, debris, rank vegetation and weeds. Street trees in this zone will be maintained by the City. All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, elinfinated or sacrificed without first obtaining further Commission approval. Ilowever, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/teleconmaunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F. 11.08 23F.11.09 23F.11.10 23F. 12 Lighting. 23F. 12.01 23F.12.02 23F.12.03 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single- family residential uses, illumination levels shall not exceed 0.5 loot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Ordinance No. Z-444-04 6 23F. 12.04 23F.12.05 Ail exterior architectural, display, decorative and sign lighting shall be generated /'rom concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 Si~age. 23F.13.01 23F.13.02 23F.13.03 Prohibited signs: A. Ground Signs B. All other signs specified in Section 25.07.01-4.. Prohibited&~,,ns. Wall signs are allowed provided that they fit within the horizontal and vertical elements of the built, lng and not obscure details of the building. No sign shall be allowed to extend above the cornice line ora building. Size shall be determined by Sign Chart A of Section 25.07.. Sign Ordinance. In cases where Wall Signs are located less than five feet (5') ['rom a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine tbe allowable sign area. 23F. 14 Pedestrian Circulation: 23F. 14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the buildiug and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width lbr walkways shall be six (6) feet. 23F. 14.03 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 14.04 Pedestrian access shall be coordinated with and provided to adjoining properties. 23F.15 Parking. 23F'!~'0! ReqU~'~,d n~n~ ~b?0£parking ~Pa~:es shal!:b~ a~ selfo~h Jn Scxtio~27,05.~cxce~t on!i&thc floor area o~ tne~trst l~oQr ol)lle s~ru¢ture~hall be inclu~ied for purpo3es of calculi tion. 23F. 15.0402 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. 23F.15.0303 Parking areas shall be located at the rear or side of buildings, and screened per Section 23F. 1L 03. 23F.15.O304 Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet lbr bumper overhang. 23F. 15.0405 Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. 23F.15.0506 Paths withiu parking lots of ~nore than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. 23F. 15.0607 Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F. 16 -Product Material~&& Re/hse S~tora~,e 23F. 16.0I Material or product slorage shall occur within the Principal building or an Accessory building. Ordinance No. Z-444-04 7 23F.16,02 23F. 16.03 Aoy Accessory Building tbr storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. Any Accessory Building for storage or disposal of refuse shall: A. Acc°mm°date waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. 23F. 17 Other Requirements. All other requirements not mentioned m this Section shall remain as stated for that primary zoning classification district mapped. 23F. 18 Sunset Provision. This Chapter expires~ecember 2 !, 2006 J~lll Section Il: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Ordinance No. Z-444-04 8 Section I11: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-444-04 PASSED by the Common Council of the City of Carmel, Indiana this --_ day of _, 2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fred Glaser, District 5 Joe Griffitbs, District 4 Kevin Kirby, District 2 Brian Mayo, Distr/ct 3 Mark Rattermann, At-Large -- Rick Sharp, District I ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 9 this Ordinance No. Z~444-04 Presented by me to the Mayor of the City of Carmel, Indiana day of ,2004, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 Approved by me, Mayor of the City of Carmel, Indiana, this __ day of ,2004, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z-444-04 I 0 Sponsor(s): Councilor Mark Rattermann ORDINANCE NO. Z-444-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23F: Carmel Drive - Range Line Road Overlay Zone. 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 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by providing a temporary regulation that will complement the ongoing redevelopment of Cannel City Center and Old Town, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the C~mmon Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel 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. 04010027 OA having received no recommendation from the Carmel Advisory Plan Commission on Tuesday, September 21, 2004, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: a. Adopt Chapter 23F: Carmel Drive - Range Line Road Overlay Zone to read as follows: 23F.00 Carmel Drive - Range Line Road Overlay Zone. 23F.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 by allowing for the establishment of a uptown business district that will support a range of activities and opportunities to all segments of the community; with mixed-uses in multi-story buildings; is pedeslrian oriented and supportive of multiple modes of trausportation; with buildings and a Ordinance No. Z-444-04 I 23F.00.99 streetscape which are attractive and safely designed in order to enhance the livability of the city. It is the City's intent to achieve the purpose of this zone by: · Providing a consistent urban design treatment for private and public properties in central Carmel; · Providing additional opportunities for investment and reinvestment in real estate by mandating higher intensity of development; · Mimmizing suburban sprawl, through re-usc and redevelopment of the community's land · Minimize community infrastructure costs thru the more efficient use of land; · Providing cona:ols for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall commua/ty. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations. This disthct is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. In establishing this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq. Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design. Exterior Li~htinr,, Landscavin~ and Si~na~e (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, ~andscaping and Signage (/IDLS). 23F.01 District Boundaries. The boundaries of the Carmel Drive - Range Linc Road Corridor Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. 23F.01.01 Parcels in the C-l/City Center and C-2/Old Town Districts shall be exempt from the requirements of the Zone. 23F.02 Plan Commission Approval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in thc Carmel Drive - Range Line Road Corridor Overlay Zone. 23F.02.02 Development Plan. A public hcuring shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions or modifications to existing stmcturas which exceed either of the following: A. Fifty percent (50%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. 23F.02.03 Architectural Desi~:a, Exterior Liehtine. Landscar>in~' and Si~na~e. The comrmssion shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F. 16, Section 24.03 and such approvals shall be necessary prior to: Ordinance No. Z-444-04 2 23F.02.04 A. The establishment of any use of land; B. The issuance of any Improvement Location Permir, except maintenance and/or repairs consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, maintenance and/ur repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. Zoning Waiver. The Commission may, after a public hear~g, gram a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than th~y-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining street,scapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under lC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted Uses. See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the andedying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent (75%) of a project's gross floor area in districts where residential is not permitted in the underlying zoning district. 23F.04 Special Uses; Prohibited Uses. See Appendix A - Schedule of Uses. 23F.04.01 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to Section 23F. 03: Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying zoning district(s), shag be deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23F.04.02 Prohibited Uses. A. Automobile, Track, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A 23F.04.03 Restoration after Destruction of Building. Ordinance No. Z-444-04 3 Nothing in this Chapter shall prevent the restoration of a builc~tng or structure destroyed less than ninety percent (90%) of its square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such bnilcYmg, structure or part thereof, as such use existed at the time of such impaixment of such building, s~racture or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than ninety percent (90%) m~d restored according to its state of existence prior to dest~cfion. Ail restorations resulting in a divergence from original plans or restoring a bnilcYmg or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Locatiun Permit and payment of fees. 23F.05 Building Setbacks. 23F.05.01 Build-to Line. A. Minimum: B. Maximum: below. 23F.05.02 23F.05.03 Zero (0) feet, subject to recorded utility easement(s). Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C C. Up to seventy-percent (70%) of the front facade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive - Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall govern. 23F.06 Building Orientation. 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the mammum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Ordinance. 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible fi:om the street. 23F.07 Building Height. 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fifty pement (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the frrst floor. Ordinance No. Z.-444-04 4 23F.07.02 23F.07.03 Minimum height: twenty-six (26) feet Maximum height: A. Thirty-five (35) feet, or three stories, wbJchever is greater, if adjacent to single-family residential zone. B. Fifry-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Footorint. 23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR). 23F.08.02 Maximum: 40,000 square feet. 23F.09 Construction Materials. 23F.09.01 Principal Buildings must be faced on front and sides with brick, stone or sinfilarly detailed precast concrete and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building fagade materials may vary, however, its material colors and composition must be coordinated with the front and side fagades. 23F.10 Architectural Design. Buildings in the Zone must be built as multi-story commercial storefrom types, whose characteristics include: 23F.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F.10.02 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F. 10.03 The facade shall be provided rel/efby windows and surrounds, stomfronts, doors, and features such as special brick coursing, pilasters and lintels. 23F. 10.04 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F. 10.05 When applicable, retail storefronts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23F. 10.06 Every face of the building with frontage on a public street must have openings for windows. 23F. 10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F. 10.08 Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair faqade composition; and are designed as an integral part of the facade. Metal or aluminum awnings are prohibited. 23F. 10.09 Pedes~an scale detailing is encouraged on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F.10.10 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. Ordinance No. Z444-04 5 23F.11 Landscaping. 23F.I1.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F.11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. 23F. 11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, Iow fences, or hedges. 23F. 11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23FA 1.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F.11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F. 11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. 23F.11.08 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in this zone will be maintained by the City. 23F.I 1.09 All landscaping is subject to approval by the comnUssion. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 23F. I 1.I 0 Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F.12 Liehtine. 23F.12.01 23F.12.02 23F.12.03 SU:eet lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single- family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Ordinance No. Z ~4d 04 6 23F.12.04 23F.12.05 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 Signage. 23F.13.0I 23F.13.02 23F.13.03 Prohibited signs: A. Ground Signs B. All other signs specified inSection 25.07.0l-4: Prohibited Signs. Wall signs are allowed provided that they fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line ora building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 23F. 14 Pedestrian Circulation. 23F. 14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the slxeet. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F. 14.03 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 14.04 Pedestrian access shall be coordinated with and provided to adjoimng properties. 23F.15 Parking. 23F.15.01 23F.i5.02 23F.15.03 23F.15.04 23F.15.05 23F. 15.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section 23F. 11.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than tlu'ee rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.16 Product Material & Refuse Storage. 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building. 23F.16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall Ordinance No. Z-444-04 7 23F.16.03 site layout. B. Be approved by the Commission. Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. 23F.17 Other Requirements. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification dis~ict mapped. 23F.18 Sunset Provision. This Chapter expires December 3 I, 2006. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Ordinance No. Z-444-04 8 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-444-04 PASSED by the Common Council of the City of Carmel, Indiana this __ day of ., 2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fred Glaser, District 5 Joe Griffiths, District 4 Kevin Kirby, District 2 Brian Mayo, District 3 Mark Rattermarm, At-Large Rick Sharp, District 1 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 9 this Ordinance No. Z-444-04 Presented by me to the Mayor of the City of Carmel, Indiana day of ,2004, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 Approved by me, Mayor of the City of Carmel, Indiana, this __ day of ., 2004 at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Camael Plan Commission Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z-444-04 10 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-444-04 Add Chapter 23F: Range Line RoaWCarmel Drive Overlay Zone. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 04010027 OA) to the Commission to Add Chapter 23F: Range Line Road/Carmel Drive Overlay Zone. The Cannel Plan Commission's recommendation on the petition of the Department of Community Services is No Recommendation. At its regular meeting of September 21, 2004, the Carmel Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-444-04 with a No Recommendation vote. Please be advised that by virtue of the Plan 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 this Certification (Sept. 29, 2004) is Tuesday, December 28, 2004. ATT~/~/T: ,- '] RamOna'H:~cock, ~ecretary ' Carmel Advisory Plan Commission Dated: Wednesday, September 29, 2004 2004-0929; Z4444)4; Range Line Rd Carmel Dr Overlay Certification CARMEL pLAN COMMISSION Received sEP 2 9 2004 Carmel CAR.M~L ZONING ORDINANCE CHA~TER 23F: CA_RM]~L DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00.01 P~rl?n~a' lnt.nt and Anthnei~/ The purpose ofthls overlay zone is to protect ~d ~nhancc ~e hcal~ s~ ~d w~lf~c of ~a c~ ~d g~p~ o~cm of C~I by aHo~g for ~c esmb~nt of a ~to~ bm~ess ~ct ~t ~ suppo~ a r~g~ of acfi~fies ~d oppo~fies to a~ se~ of ~e com. ami~ ~ ~ed-~es ~ m~-sto~ b~d~gs; is pedes~ off.ted and suppo~w of ~fipla modes of ~o~6on; ~& b~gs ~d a s~ee~cape w~ch ~e a~acfive ~d safely desired ~ urd~ ~ ~ce ~e HvabiliW of&e ciW, It is the City's intent to achieve the purpose of this zone by: · Providing a conSistent urban design treatment for private and public properties m central Carmel; · Providing additional opportunities for investment and rcinvestment in real estate by mandating higher intensity of development; · Minlrni~ing suburban sprawl, through re-nse and redevelopment of the community's land · Minimize community infrastructure costs thru the more efficient use of land; · Providing controls for architecture and landscape design to establish continuity of design between projects and to izr~rove the physical relationship between new buildings and overall community. Further, it is the intrnt of this overlay zone to provide a temporary regulation, that wi~ support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Desig~ acting as a transition regulation until a spe.eifie plan for Carmel's eanUal business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulationS. 23F.00.99 This district is superimposed over the othe~ pr/mary zoning districts and its regulationS shall supersede those of the primat7 zoning districts over which it is superimposed. In establishing this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq, A. Develn?nent Plan. Sec Section 24,99(A): Development Plan. 24.99(B): ,4rchitectural Design, Exterior Lighting, Landscaping and Signage (AD£$). 23F.01 D{~et Rn, md,6~, The boundaries of the Cannel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. 23F.01.01 Pamela in the C-l/City Center and C-2/Oid Town Dis~cts shall be exempt from the requirements of the Zone. 23F.02 P1~n Cnrnmi~inn Apprnval. 23F.02.01 The Plan Conmfission must approve, approve with conditiom, ur ~approve ~c DeveIopment PI~ ~P) ~d ~c~tec~al Desi~ Exm~or Ligh~g, Lan~cap~g ~d Si~ge (~LS) for ~y tract ofl~d ~ ~ C~el Dfiw - ~e L~c Road Co~dor Overlay Zone. 23F.02,02 Develnp~ent Pl~ A p~b~c he~g s~U be held by t~ Commln~ion before it decide~~ 23F.02.03 23F.02.04 to approve or disapprove a DP. A DP shall be required for additions or modifications to existing s~aetures which exceed either of the following: A. FLRy percent (50%) of the original gross floor area of the exisfng structure, applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. A1~,blt~e~,ral T3~i~; ~x~er?or T.{~hfing; T~nd~eapln~ and ~i?n? The Coxranission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall be necessazy prior to: A. The establishment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In cases where propeaies were developed prior to ADLS requirement, maintenance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. Zo,~i,~_~ Waiver. The Commission may, afler a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than th~ty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining stxeetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or stxeat/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhfoit extraordinary site design characteristics, iucluding, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Cou~fission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the epplieant under Indiana law to petition the Board for a variance from development standards provided under IC 35-7-4-918.5 and this Zoning Ordinance. 23F.03 perl~tted tT~e~. See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent (75%) of a project's gross rom' area in districts where residential is not permitted in the underlying zoning district. 23F.04 g?eial ! ]'~ee~ Proh~itecl l l~e~ See Appendix A - Schedule of Uses. 23F.04.01 Sp~I All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Chapter ~'~F! Cnrm~l ]3riw - R an~e T.ine R a~cl Cnrridnr Overlay 7~na 9/1/2004 23F-2 23F.04.02 23F.04.03 Board. In addition, any Use existing at the time of the passage of this Chapter which does not co~fform to Secaon 23F. 03: Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying zoning district(s), shall be deemed to be and ihall be a Special Use under this Chapter. Such Uses shnll not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. A, Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A Nothing in this Chapter shall prevent the restoration of a building or slzuctore destroyed less thn~ ninety percent (90%) of its squire footage at the time of such destruclion by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public euemy, subsequent to the passage of this Chapter; or shall prevent the conlinuance of the use, except an illegal nonconforming use, of such bui]diz~, struct'Ltre or part thereof, as such use existed at the time of such impaim~nt of such buikling, slractt~e or part thareof. All such restoration and construction shall be subject to the obtaining of an Improvcmcut Locatiou Permit, with tha foes waived for the restoration of a building or structure destroyed loss than ~inety percent (90%) and restored aceorcling to its state of existence prior to destruction. All restorations resulti~ i~ a divergence from ori§inal plans or restorin~ a buildi~ or structure destroyed ninety percent (90%) or moro shall be subject to obtaining an Improvement Location Permit and payment of fees. 23F.05 ~n~ilaln~ R~thncl~ 23F.05.01 'lRnild.tn T,ine 23F.05.02 23F.05.03 A. Minlmunc Zero (0) feet, subject to recorded utility easement(s). B. Maximm~ Ten (I0) feet' subject to recorded utility easement(s) and to subparagraph C below. C. Up to seventy-percent (70%) of the front fagade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more thsn twenty (20) feet, subject to Cowmlssion approval. gide ~d llenr .qeth~elr~ There are no minimum side or rear setbacks; however, no buildings or other pen'ranant improvement shall encroach into required landscape areas. Cn~fllcfin~ I~eq. lr~m~n~, Wherever there exists a conflict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive - Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall goverm 23F.06 ~.~lrli~g O~t~n~ 23F.06.01 Every parcel with frontage on Carmel Drive and/or Raage Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of fitontsge on a public street must occupy the ina~irnum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Chn?~r 2~lg: C:nrmel ~dw - RnnE~ T.ine Rnad Cnrrignr I"~Vtrlny ~ntl~ 9/1/2004 23F-3 23F.06.04 23F.06.05 23F.06.06 Ordinance. Additional buildiugs may bc built in the rear of the properl3,. All Principal Buildings shall face a public street, with a primary entrance from a public street. The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. 23F.07 B,,ildlng Hei_oht 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fffiy percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front lh2¢ is equal to that of the fast floor. 23F.07.02 Minimum height: twenty-six (26) feet 23F.07.03 Maximum Might: A. Thirty-five (35) feet, or three stories, whiohever is greater, if adjacent to single-family residential zone. B. Fifty=five (55) feet, or five (5) stories, whichever is greater. 23F.08 B,,ildi~g l~'nr~rlnt 23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR). 23F.08.02 Maxirrmm~ 40,000 square feet. 23F.09 Constmetlnn M, terlal/ 23F.09.01 Principal Buildings must be faced on front and sides with brick, stone or similarly detailed precast concrete and trimmed ill metal, stoue, precast concrete, wood, or stucco. 23F.09.02 Rear building fagade materials may vary, however, its material colors and composition must be ooordlnated with the front and side fagades. 23F.10 Arehiteetnrst riehl? Buildings hi the Zone mast be built as multi-story commercial storefront types, whose characteristics include: 23F.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a si~i~cant component. 23F.10.02 A distinct cornice lhie at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F. I0.03 The facade shall be provided relief by windows and surrounds, storefrunts, doors, and features such as special brick coursing, pilasters and li~teis. 23F.10.04 The first floor aud all other floors will have a coordinated composition, which will usually be indicated by the ali~nment of upper floor windows and other features with openings and features of the fast floor. 23F. 10.05 When applicable, reta~ storefronts shall be oriented along the public street front of the fu-st floor of th~ building, except for pedestrian entrances to parking ~xeas or small entrance lobbies for upper floors. 23F. 10.06 Every face of the building with frontage on a pubhc street must have openings for windows. 23F.10.07 Large expanses of glass are allowed, but the buildhig may ~ot be constructed entirely of a metal Chapter 2~I~: Carrnel Drive -- Ran~ I.in. Rnad (?nrrldnr f3verlay 7,nne 9/1/2004 23F-4 23F.10.09 23F.10.10 and glass curtain wail. Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, colnmn% pilasters, or decorative details); do not impair faqade composition; and are designed as an integral part of the fagade. Metal or a]umlnum awnings are prohi%ited. Pedeslrian scale detailing is encouraged on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit ar'dculated detail and ornament that is scaled to the pedestrian. Rooftop meehanlcal and telecomrmmlcation equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the 23F.11 23F.11.01 Shade trees shall be planted w~thin the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a m~nlr~um · of thirty (30) feet 23F. 11.02 A five-foot (5') wide planting s~rip shah be provided along the sides and rear of all parking areas. The mlnlmum planting ~hall include two (2) shade trees and thirty (30) shrubs per 100 linear feet· 23F.11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. ~-Y ~ t 23F.I1.04 Shade trees shall be planted within parldng areas greater than 10,000 square feet There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F. 11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in coustmction material and 23F.11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The Landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located w~thin the required yard/setback areas. 23F.11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Cer6ficate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total imtalled cost of the remaining, ,,~in~talled landscape material. 23F.11.08 It shall be the respom~ility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to inolude, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the asea free of refuse, debris, rank vegetation and weeds. Street trees in this zone wig be maintained by the City. 23F.11.09 All landscaping is subject to approval by the Commission. No landscaping which Las been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obt~inln$ farther Comlltission approval. However, minor material alteratiom in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 23F.11.10 Ground level mechanical/telecommunicatiun equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. Drive - Range l'.in~ Rnad O. nrHdar C~v~rl~y Znne 9/1/2004 23F-5 23F.12 T J~h~n~. 23F.12.01 23F.12.02 23F.12.03 23F.12.04 23F.12.05 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded fi:om direct offsite viewing. For any use abutting single-family residential uses, illumination Ievels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Ail exterior architectural, display, decorative and sign lighting shall be generated fi:om concealed, Iow level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fif~en (15) feet. 23F.13 23F.13.01 23F.13.02 23F.13.03 Prohfoited signs: A. C~ouad Sigas B. All other signs specified inSection 25.07.01-4: Prohibitexl$igns. Wall signs are allowed provided that they fit w~thln the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. Ia cases where Wall Signs are loca~ed less than five feet (5') f~om a right-of-way line, the Wall Sig~ shall be deemed to be located five (5) feet fi:om the tight-of-way for purposes of applying Sign Chart A to determine the allowable sign arcs. 23F.14 Peden~elnn (~irenlafion 23F. 14.01 SidewaYlen along public streets shall be a ml,irvatm of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the ~,~mum width for walkways shall be six (6) feet. 23F. 14.03 Neither sidewalle~ nor walkways shall be used by automotive traffic. 23F. 14.04 Pedestrian access shall be coordinated with and provided to adjoining properties. 23F.15 ParKing 23F. I$.01 23F.15.02 23F.15.03 23F.15.04 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Park/rig areas shall be located at the rear or side of buildings, and screened per Section 23F. I1.05. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shali be interconnected either by alley or internal driveway, and coordinated to accommodate pedes~an access. Chapter 7'4F! C~arrne113Hve - Range Tine R~ad C~nrridnr C)verlay 7~n~ 9/1/2004 23F-6 .,d~,~ 23F.15.05 Paths v~thln parking lots of more than three rows shall be designated to acco odate ~ ~.~ '~ - pedas~,-, safely from parking areas to sidewalks, walk-ways and/or building(s). Such paths '~ may consist of striping. 23F. 15.06 Bicycle parking shall be provided, one space per 100 feet of s~eet frontage. 23F.16.01 Material or product storage shall occur within the Principal building or an Accessory building. 23F.16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. 23F. 16.03 Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compaffble with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F,18 Snne~t Prnvi~inn. This Chapter expixes December 31, 2006. 23F-7 Ordinance No. Docket No. (~t~lmt~l A~rnwl F.~ef'er.t~ve 13~te Re~tinn~ A~q'eeted Chapter 7~,1~! C~arrne! Dr~ve - RRn~ T.ine Rnzd ~rrldnr C)Verlzy 7~nne 9/1/2004 23F-8 October 19, 2004 Ca~ro~l/Cla¥ Plan Co~m,~ssicn Agenda 12h. 'Docket No. 04080064 OA: Ordinance Amendment Sections 11.01.05; 30.05.04; and 31.06.06 The City of Carmel seeks to amend the following Zoning Ordinances: 21.02.05; 30.05.04; and 3106.05. These amendments affect properties that are the subject of denied Board of Zoning Appeals and Plan Commission petitions. Filed by the City of Canncl. 13h. Docket No. 04080047 Z: Elliot's Mohawk Place The applicant seeks to rezone 1 parcel from the I-l/Industrial District to the CA/City Center Zoning Classification. The site is located at the northwest comer of Range Line Rd and Canter Dr (126th St). Filed by the Carmel D~pa~iment of Community Services. 14h. Docket Nos. 04070019 OA: Temporary Use Regulations Ordinance & Resubdivision; Lots containing Two-Family Dwellings The applicant seeks to amend Chapters 3, 25, 25.07, and Appendix A of the Carmel/Clay Zoning Ordinance. The applicant also seeks to add Section 5.8 to the Carmel Subdivision Control Ordinance regarding resubdivision of lots containing two-family dwellings. Filed by the Cannel Depaxi~ent of Community Services. O!d Rl~siness: li. Docket No. 04070033 DP/ADLS:. Medical Office Building The applicant seeks approval for a medical office building. The site is located at 10801 North Michigan Road. The site is zoned B-27Business within the US 431 Overlay Zone. Filed by Mary Solada of Bingham McHale for BW Partners. Ii. Docket Nos. 04070035 Z and 04070036 DP/ADLS: Monon& Main PUD The applicant seeks to rezone approximately 4 acres from B-l/and B-3/Business Classifications in the Old Town Character Sub-area to a Planned Unit Development and create a liv~-work development. The site is located at 320 West Main. Filed by Jim Shinavex of Nelson & Frankenberg~r for Eden Land Company, Inc. 3i. Docket No. 04080048 Z: Carmel Dr - Range Line Rd Overlay: Rezone The applicant seeks to rezone multiple parcels to the Carmel Drive, Range Line Rd Overlay District. The parcels are located along Range Line Rd and Carmel Drive. Filed by the Carmel Depa~tcaant of Community Services. New Business ONE CMC SQUARE Page 3 CARMEL, INDIANA 46032 317/571-2417 Affected Parcels MEMORANDUM TO: Carmel City Council FROM: Adrienne Keeling Department of Community Services SUBJECT: Items forwarded by the Plan Commission for action by the City Council DATE: October 8, 2004 Please find information on the following items forwarded by the Plan Commission attached. These items will appear on your October 18th agenda. Forwarded with nr~ recommendation: Ordinance No. Z-444-04 (Docket No. 04010027 OA) Proposed Chapter 23F: Carmel Drive - Range Line Road Overlay Zone Petition to Add Chapter 23F: Carmel Drive - Range Line Road Overlay Zone to the Carmel Zoning Ordinance adding new provisions regarding development standards for properties along portions of Carmel Drive and Range Line Road. Fnrwarded withfavarahle recnmmendatlon: Ordinance No. Z458-04 (Docket No. 04080046 OA) Histoi'ic Structures & Sites; Warren House - Ordinance Amendment Petition to Amend Section 7.05.09: Historic Structures & Sites of the Carmel Subdivision Control Ordinance to add the Warren House property to the official inventory of Historic Structures and Sites. The information on these items has been arranged in the following format: 1. Copy of the Ordinance, supporting information 2. Copy of Plan Commission Certification Council Report 2004-1008 Sponsor(s): Councilor Mark Rattermann ORDINANCE NO. Z-444-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23F: Carmel Drive - Range Line Road Overlay Zone. WHEREAS, pursuant to the Advisory Plarming 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 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by providing a temporary regulation that will complement the ongoing redevelopment of Carmel City Center and Old Town, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the ~ommon Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel 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. 04010027 OA having received no recommendation from the Carmel Advisory Plan Commission on Tuesday, September 21, 2004, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: a. Adopt Chapter 23F: Carmel Drive - Range Line Road Overlay Zone to read as follows: 23F.00 Carmel Drive - Range Line Road Overlay Zone. 23F.00.01 Pm'pose, 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 by allowing for the establishment of a uptown business district that will support a range of activities and opportunities to ali segments of the community; with mixed-uses in multi-story buildings; is pedestrian oriented and supporhve of multiple modes of transportation; with buildings and a Ordinance No. Z-444-04 1 23F.00.99 streetscape which are attractive and safely designed in order to enhance the livability of the city. It is the City's intent to achieve the purpose of this zone by: · Providing a consistent urban design treatment for private and public properties in central Carmel; · Providing additional opportunities for investment and reinvestment in real estate by mandating higher intensity of development; · Minim/zing suburban sprawl, through re-use and redevelopment of the commtmity's land resources; · Minimize community infrastructure costs thru the more efficient use of land; · Providing controls for architecture and landscape design to estabhsh continuity of design between projects and to improve the physical relationship between new buildings and overall community. Fmther, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations. 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. In establishing this zone, the Plan comrmssion and Council relies on I.C. 36-7-4-1400 et seq. Application Procedure. A. Development Plan. See Section 24.99(A): Development Plan. B. Architectural Design, Exterior Lighting, Landscanina and Sinnaee (ADLS). See Section 24.99(B): Architectural Design, Exterior Lighting, ~andscaping and Signage (ADLS). 23F.01 District Boundaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as approved on the Zoning Map. 23F.01.01 Parcels in the C-l/City Center and C-2/Old Town Districts shall be exempt from the requirements of the Zone. 23F.02 Plan Commission Approval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive - Range Line Road Corddur Overlay Zone. 23F.02.02 Development Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions or modifications to existing structures which exceed either of the following: A. Fifty percent (50%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. 23F.02.03 Architectural Design, Exterior Lighting. Landscavin~, and Si~na~,e. The Comrmssion shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to properS, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall be necessary prior to: Ordinance No. Z-444-04 2 23F.02.04 A. The establishment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, maintenance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. Zonine Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscepes and neighborhoods. B. The proposal shall not produce a Site Plan or streeffcirculafion system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exkibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Cormmssion may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted Uses. See Appendix A - Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are perm/ned; however, it shall not comprise more than seventy-five percent (75%) of a project's gross floor area in districts where residential is not permitted in the underlying zoning district. 23F.04 Special Uses; Prohibited Uses. See Appendix A - Schedule of Uses. 23F.04.01 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded hi this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to Section 23F. 03: Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying zoning district(s), shall be deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23F.04.02 Prohibited Uses. A. Automobile, Tmck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A 23F.04.03 Restoration after Destruction of Building. Ordinance No. Z-444-04 3 Nothing in this Chapter shall prevent the restoration of a buil~fmg or structure destroyed less than ninety percent (90%) of its square footage at the time of such destruction by explosion, f~re, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and coustmction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than ninety percent (90%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Location Permit and payment of fees. 23F.05 Building Setbacks. 23F.05.01 Build-to Line. A. Minimum: Zero (0) feet, subject to recorded utility easement(s). B. Maximum: Ten (I0) feet, subject to recorded utility easement(s) and to subparagraph C below. C. Up to seventy-percent (70%) of the front faCade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. 23F.05.02 Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 23F.05.03 Conflicting Requirements. Wherever there exists a conflict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive - Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall govern. 23F.06 Building Orientation. 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Ordinance. 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. 23F.07 Building, Hei~,ht. 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fifty percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. Ordinance No. Z-444-04 4 23F.07.02 23F.07.03 Minimum height: twenty-six (26) feet Maxinaum height: A. Thir~y-five (35) feet, or three stories, whichever is greater, if adjacent to single-family residential zone. B. Fifty-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Footprint. 23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR). 23F.08.02 Maximum: 40,000 square feet. 23F.09 Construction Materials. 23F.09.01 Principal Buildings must be faced on front and sides with brick, stone or similarly detailed precast concrete and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building faqade materials may vary, however, its material colors and cornposition must be coordinated with the front and side facades. 23F.10 Architectural Design. Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F.10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F.10.02 A distinct cornice tine at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.10.03 The faqade shall be provided relief by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F.10.04 The fast floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the fzrst floor. 23F. 10.05 When applicable, retail storefronts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23F. 10.06 Every face of the building with frontage on a public street must have openings for windows. 23F.10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F. 10.08 Fixed or retractable awnings are permitted if they complement a bullding's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, colunms, pilasters, or decorative details); do not impair facade composition; and are designed as an integral pan of the faqade. Metal or aluminum awnings are prohibited. 23F. 10.09 Pedestrian scale detailing is encouraged on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F.10.10 Rooflop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. Ordinance No, Z-444-04 5 23F.11 Landscaping. 23F.11.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F. 11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 linear feet. 23F. 11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. 23F. 11.04 Shade trees shall be planted within parking areas greater than I 0,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F. 11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F. 11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located witlfm the required yard/setback areas. 23F. 11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Cetxificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. 23F. I 1.08 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part oftha ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in this zone will be maintained by the City. 23F.11.09 All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 23F. 11. I 0 Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commassion. 23F.12 Lighting. 23F. 12.01 23F.12.02 23F.12.03 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single- family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Ordinance No. Z-444-04 6 23F.12.04 23F.12.05 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 Signage. 23F.13.01 23F.13.02 23F.13.03 Prohibited signs: A. Ground Signs B. All other signs specified in Section 25.07.01-4: Prohibited Signs. Wall signs are allowed provided that they fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line ora building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') fi.om a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 23F.14 Pedestrian Circulation. 23F. 14.01 Sidewalks along public s~xeets shall be a mimmum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F. 14.03 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 14.04 Pedestrian access shall be coordinated with and provided to adjoining properties. 23F.15 Parking. 23F.15.01 23F.15.02 23F.15.03 23F.15.04 23F.15.05 23F.15.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section 23F. 11.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely fi:om parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.16 Product Material & Refuse Storage. 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building. 23F. 16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall Ordinance No. Z-444-04 7 23F.16.03 site layout. B. Be approved by the Commission. Any Accessory Buildmg for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. 23F. 17 Other Requirements. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F. 18 Sunset Provision. This Chapter expires December 31, 2006. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Ordinance No. Z-444-04 8 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-444-04 PASSED by the Common Council of the City of Carmel, Indiana this __ day of _, 2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fred Glaser, District 5 Joe Griffiths, District 4 Kevin Kirby, District 2 Brian Mayo, District 3 Mark Rattermarm, At-Large Rick Sharp, District 1 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 9 this Ordinance No. Z-444-04 Presented by me to the Mayor of the City of Carmel, Indiana __ day of ., 2004, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 Approved by me, Mayor of the City of Carmel, Indiana, this __ day of ,2004 at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel Plan Conuaission Aitomey One Civic Square Cannel, IN 46032 Ordinance No. Z-444-04 I0 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-444~04 Add Chapter 23F: Range Line Road/Carmel Drive Overlay Zone. To'- The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 04010027 OA) to the Commission to Add Chapter 23F: Range Line Road/Carmel Drive Overlay Zone. The Carmel Plan Commission's recommendation on the petition of the Department of Community Services is No Recommendation. At its regular meeting of September 21, 2004, the Carmel Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-444-04 with a No Recommendation vote. Please be advised that by virtue of the Plan 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 this Certification (Sept. 29, 2004) is Tuesday, December 28, 2004. ATT : ,~ ., RamOna H~cock, ~ecretary ' Carmel Advisory Plan Commission Dated: Wednesday, September 29, 2004 2004-0929; Z444-04; Range Line Rd Carmel Dr Overlay Certification CARMEL PLAN COMMISSION ~Jt~o Die~aan, Received SEP 2 9 2004 C/e. rko Treasnr~ CARMEL ZONING ORDIi~ANCE CHAPTER 23F: CARMEL DRIVE - RANGE LI]~E ROAD CORRIDOR - OVERLAY ZONE 23F.00.01 IA~rl?o~e' Tntent and Antt~r~l'¥ Thc purpose of this overlay zone is to protect and enhance the health, safety and welfare of thc citizens and property owners of Carmel by allowing for thc nstablishnznt of a uptown busineas dis~ct that will support a rangc of activities and opportanitics to all scgn~nts of the conformity;, with mixed~uses in multi-story buildings; is pedestrian orinntcd and supportive of multiple modes of transportation; with buildings and a strectscape which are attractive and safely designed in order to enhance the livabflity of thc city. It is the City's intent to achieve the purpose of this zone by: · Providing a consistent urban design treatn~nt for privat~ and public properties in central Cm-m~l; · Providing additional opportunities for invnslment and reuivestment in real estate by mandating high~'r intensity of devclopment; · Mi'nlmi~i~ag suburban sprawl, through re-use and redevelopment of the commUmty's land reSOurCeS; · Minimize comrmt~ty in~astl~tore costs thru the more efficient use of land; · Providing controls for architecture and landscape design to establish continuity of design between projects and to improve th~ physical relationship between new buildings and ov~m~all Further, it is the intent of this overlay zone to provide a t~mporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Torah and the Avenue of .Mi and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations. 23F.00.99 This district is superimposed over the other primary zoning districts and its regulations sMll supersede those of the primary zoning districts over which it is superimposed. In establishing this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq. A. ~ See Section 24.99(,d): Development Plan. B. Ar~hlt~emral D~ni_m~. Rxt~ri~r l.iEh6~: l'.and~ea?in~ and ,~i?a? (.ADLg). See Section 24.99(B): Architectural Design, Exterior £ighting, Landscaping and Signage 23F.01 Di~et l~o,mdafie~. The boundaries of the Cannel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established ns approved on the Zoning Map. 23F.01.01 Parcels in th~ C-l/City Center and C-2/Old Town Districts shall be exempt from the requirements of the Zone. 23F.02 Plan C, arnmli~inn A??rnval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan CDP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone. 23F.02.02 T3eveln?m~nt pin, A public hearing shall be held by the Commission before it decides whether Cbc?er 9'~g' Carmel 1~v~ - l~a~Ee Line g~att C~rrlttrw Clverlay Zane 9/1/2004 23F-1 23F.02.03 23F.02.04 to approve or disapprove a DP. A DP shall be required for additions or modifications to existing structures which exceed either of the following: A. Fifty percent (50%) of the original gross floor area of the exisKag structore, applicable from the date oftl~ or,41nance, or B. Five thousand (5,000) square feet. Archit~nn,ra~ ]3ee~on. Rwter{nr T.i~h6n~; T.and~eapin~ anrl ,qi~o~a_.~e Tile ColTirllission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Lan&caping and Signsge (ADLS), access to Property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16, Section 24.03 and sue}, approvals shall be necessary prior to: A. The establislmaant ofanyuse of land; B. The issuance of any Tmptovement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In cases where proparties were developed prior to ADLS requirement, malntellance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change ia site improvements which are not consistent with previonsly approved ADLS. Ia cases where properties were developed prior to ADLS requirement, changes in site improveraeats shall be consistent with the previously approved Improvement Location Penrfit. 7cmlno_ Waiver. The Cox~.Lssion may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirw-flve percent (35%). Any approval to permit suoh a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining slxeetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or deixact from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhthit extraoraln~ site design characteristics, iaeludiag, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. Ia granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the ptuposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permlned Uses, See Appendix A - Schedule of Uses. 23F.03.0I All Uses which are permitted in the underlying ptmary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent (75%) of a project's gross floor area in districts where residential is not permitted ia the underlying zoning district. 23F.04 S?elal ! TheM pmh~iterl I rhea. See Appendix A - Schedule of Uses. 23F.04.01 S?ei,I lT~e~ All Special Uses which are permitted (upon obt~inlng a Special Use approval from the Board) ia the underlying zoning district(s), except those uses expressly excluded in this Section or ia Appe~lix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Chapter ~:[P' ~rrn~l T'ir~ve - I~.~'~ Tine l~nad C. nrrirlnr f)verlay 7nne 9/1/2004 23F-2 23F.04.02 23F.04.03 Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to Section 23F. 03: Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying zoning dis~ct(s), shall be deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. prnhlhlted 1 lnes. A. Automobile, Track, Boat, Mobile Home, Manufactured Homing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A Not~g in tl~ Chapter shall prevent the restoration of a building or s~-ueture des~oyed less than ninety percent (90%) of its square footage at the time of ~ach deslractiun by explosion, fire, flood, earthqualc~, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of ~ Ohapter; or shall prevent the continuance of the use, except an illegal noncouform~ng use, of such building, stmctore or part th~eof, as such nsc existed at the time of such knpa~t of such building, structure or part thereof. All such restoration and comtmction shall b~ subject to the obtai.l.g of an Improvement Location Perm/t, with tha fees waived for the restoration of a building or s~a'ucture destroyed less tl~a~ ninety percent (90%) and restored according to its stat~ of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a bnlldir~ or structure des~oyed ninety percent (90%) or more shall be subject to obt*i,.inS an Improvement Location Permit and payment of fees. 23F.05 Rnildi~g Rethaekn 231'.05.01 Bnilrt-tn l.lne B. Ma~ below. 23F.05.02 23F.05.03 Zero (0) feet, subject to recorded utility easement(s). Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C C. Up to seventy-percent (70%) of the front fagade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed mom th.~ ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. Rid~ ~nd l~ar .qethaclen There are UO minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required lan&cape areas. (~nnfl{efing ~eflJl{r~msn~. Wherever there exists a conflict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Cannel Drive - Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall goverm 23F.06 Rllilrli~g ~Hen~'.'Hnn 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minlmm~l of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street nmst occupy the maximum amount of frontage, except for driveways, sidewalks and landscape ~reas, as required by the 23F-3 23F.06.04 23P.06.05 23F.06.06 Addifio~l buildings may b~ b~t ~ ~ r~ of~ pr~. A~ P~ip~ B~s s~ face a public s~ee~ ~ a p~ en~ce ~om a public s~eet. ~e p~ en~ce ~ be really app~ent ~ a prominent ~c~tec~ faa~ ~d ~ible ~om ~e s~ce~ 23F.07 B,,ildlng T-l'elght 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The socond and higher floors must be at least fifry percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the fixst floor. 23F,07.02 Minlraum height: twenty-six (26) feet 23F.07.03 Maximum height: A. Thirty-five (35) feet, or three stories, whichever is greater, ff adjacent to single-family reside~6al zone. ]3. Fifty~five (55) feet, or five (5) stories, whichever is greater, 23F.08 Bu~lrli~g ~r~rlnt 23F.08.01 Minimunx 0.5 Floor Area Ratio (FAR). 23F.08.02 Maximum: 40,000 square feet. 23F.09.01 Principal Buildings must be faced on front and side~ with brick, stone or similarly detailed precast concrote and tx;,,~,~ed in m~tal, stone, pr~cast concrete, wood, or stucco. 23P.09.02 Kcar building fac~ materials may vaxy, however, its material colors and composition must be coordinated with the front and side facades. 23F. 10 A~'.hltee'flwaJ I3e~ign Buildings in the Zone must be built ~ ~fi-sto~ co~crci~ store~ont ~es, whose c~actefisfics ~clude: 23F.10.01 ~o~d ~d u~er floo~ ~& ~p~cnt glass; ~o~d floor elcva~om m~t ~co~orate ~c e~t ghss ~ a si~c~t co.orient. 23F.10.02 A ~ co.ce l~e at &e top of ~e ~ ~d ~ediate ho~ontal elcmems, ~ch as a ~ at ~ top of~e ~o~d floor ~ op~o~. 23F.10.03 ~e fa~adc shah be pro~ded relief by ~o~ ~ ~o~, store~on~, doors, ~d feazes such ~ special brick co~s~g, pfl~t~ ~d l~tels. 23F.10.04 ~c ~t floor ~d a~ o~r floo~ ~H ~vc a coordinated co~osifio~ wMch ~1 us~lly bc ~cated by ~e ali~m of upp~ floor ~dows and o~er feazes ~ ope~gs ~d faa~cs of ~c ~st floor. 23F.10.05 ~cn app~cable, m~ stom~n~ sma be o~cnted ahi~ ~e public sU~et tont of ~ ~st floor of ~ b~, exc~t for pedes~ en~ces to p~ ~e~ or s~ ~n~ lobbies for upper floo~. 23F.10.06 Eve~ face of ~e b~g M~ ~on~ge on a public s~t ~t Mv~ opemgs for ~dows. 23F. 10.07 L~e e~es of glass ~e ~o~ but ~e b~ ~y not be co~cted on.ely of a metal 23F-4 ~'-~' 23F.10.08 23F.10.09 23F.10.10 and glass curtain wall. Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair fagade composition; and are designed as an integral part oftha fagade. Metal or ah,mltmm awnings arc prohibited. Pedes~an scale detailing is encouraged on the front elevatinn of the building at the ground level Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. Rooftop me¢~,~,~ieal and telecommunication equipment shall be f~lly screened on all sides using parapets, penthouse screens or other slmiIar method and which are integrated into the overall building design and approved by the Commission. 23F.11 T.andee?~n~ 23F.11.01 Shade trees shall be planted within the s~eet right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fil~ (50) feet, and a miniroum · of thirty (30) feet. 23F.11.02 A five-foot ($') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade ~rees and thirty (30) slmabs per 100 linear feet. 23F.11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. 23F.11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet There shall be planted one (1) shade tree and five (5) shrubs per eve~ nine (9) spaces. 23F. 11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in constrnctio~l material and demillng. 23F. 11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape phu must preserve not less th,n 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F.11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not poss~le to install the approved lar~dscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remalning~ unln~talied landscape material. 23F. 11.08 It shall be the respons~ility of the owners and their agents to insure proper maintenance of all ttees, shrubs and other laudscaping approved as part of the ADLS Plans in accordance with the standards set by this Oral-b-ce. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in this zone will be maintained by the City. 23F.11.09 All landscaping is subject to approval by the Co~mlesiun. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 23F.11.10 Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. C~n?et 9~g' ~nrmal T~Hv. -RnnEe T.in. Rnn~ (~nrHdnr [3ye. tiny Znne 9/1/2004 23F-5 23F.12 T.iEhti~E. 23F.12.01 23F.12.02 23F.12.03 23F. 12.04 23F.12.05 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and oft design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed offthe site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. P, oofrop lighiing shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fmturos. The maximum height of light standards in parking areas shall not exceed the buildin~ height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) fa~t of single family residential their height shall not exceed fii~an (15) feet. 23F.13 RiLCnage 23F. 13.01 23F.13.02 23F.13.03 Prohibited signs: A. Ground Signs B. All other signs specified in Section 25.07.01-4: Prohibited Signs. Wall signs are allowed provided that they fit wlthi,~ the horizontal and veaical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. Ia cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemad to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine thc allowable sign area. 23F, 14,01 Sidewalks along public streets ahall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between roar parking areas and Principal building entrances or the street Unless otherwise noted in this ordina-oe, tha minimum width for walkways shall be six (6) feet. 23F. 14.03 Neithar sidewalks nor walkways shall be used by automotive traffic. 23F.14.04 Pedestrian access shall be coordinated with and provided to adjolnlno~ properties. 23F.15 Parklnt~. 23F.15.01 23F.15.02 23F. 15.03 23F. 15.04 Parking areas shall be setback not less than six (6) feet behind the From Build-to-Line. Parking areas shall be located at the r~ar or side of buildings, and screened per Section 23F. 11.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper Adjacent/adjoining parking lots shall be intarcoanected either by alley or internal driveway, and coordinated to accommodate pedestrian access. t'lhn?mr ~2g'! C~,rrn~T T3rlv~ - R sn~e T.ine g anti (2nrrldnr Ov~rlny ~nn, 9/1/2004 23F-6 23F.15.06 Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F,I 6.01 Mat~fi~ or product storage shall occ~ ~ ~ P~cipal b~g or ~ Acccsso~ b~g. 23F.16.02 ~y Accesso~ B~g for storage s~ll: A. Be ~c~toc~y co~a~le ~ ~e P~cipal b~l~g ~d ~te~ ~to ~e ov~ll site layout. B. Be approwd by ~c Comm{ssio~ 23F.16.03 ~y Acc~sso~ B~g for s~ge or ~osal ofr~e s~: A. Acco~o~ta w~te ~d ~cyc~ble ~t~, ~ ff applicable, ~ease or o~er coo~g rede. B~ ~y e~loscd cxc~t for doo~ or gates wMch are k~t closed ~ess loa~g or ~oa~g. C. Bc ~cMtc~y co~a~lc ~ ~e P~cipal b~ding ~d ~t~d ~to ~e over~ site layout. D. B~ approved by ~e Co~ssion. 23F.17 C)ther R ~q~,iremen~. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F. 18 ghm~et Prnvi~inn. This Chapter expires December 31, 2006. 23F-7 ~2'~~ Dm-v'~ RANGE L~ ROAD OVZRLA¥ ZONE C~TER 23F: C~L ~~ LOG Ordinance No. Docket No. C2nnneil Approval l~f~'ecfiv~ ]3ate gecfinn~ Af~e~eted C~hnpt~r 2~'~' C~arm~l r)riw - Ran_ye I.ine. Rnad t~nrrldnr OWrlay 7~ne 9/1/2004 23F-8 CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00 Carmel Drive - Range l.ine Rand Overlay Znnm 23F.00.01 pnrpoa~. 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 by allowing for the establishment of a uptown business district that will support a range of acfivities and opportunities to all segments of the community; .~m~ ~Ii~ '.,,~,~t.d with mixed-uses in multi-story buildings; Is pedestrian oriented and supportive of multiple modes of transportation-; diohlct iL~ is ~a,% aad ~:.=~ii,~ with buildings and a streetscape which are attractive and safely designed in order to enhance the livability of the city. ¢ ,~.%,2.~ a It is the City's intent of thla z,~aa to achieve the purpose of this zone by: · p~ovidProviding* a consistent urban design treatment for private and public properties ia ccii~.al[n central Cml; · ~ v.~..idProviding additional ~-opportunities for investrr~nt and reinvestment in real estate by mandating higher intensity of development; · t~ ...;,,:,,.:..Minimizing, suburban sprawl, through re-use and redevelopment of the community's land resources; · Minimize community ~.d iafi-astructure costs thru the more efficient use of land-; ,-~ · Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall community. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and thc Avenue of Art and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations. 23F.00.99 This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning dis~cts over which it is superimposed. In establishing this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq. Applinat/nn Prne~dnre. A. Develn?nent Plan See Section 24.99(,~): Development Plan. B. Arehlt~c~lral Design; ]~xter/nr l.iEhhng, l ,nnttnanping and ,qi~age (ADI.,R) See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and $ignage 23F.01 Di~et Bmmttar/es The boundaries of the Cannel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as sho~a approved on the Zoning Map. ~', .~ ............. .~..~,, ~,,~,~,,y .~ .~.~. as Chapter 2glo! Carmel Drive - Range line Rnn~l C~nrrldnr Overlay 7nne 8/26/2004 23F-1 23F.01.01 Parcels in the C-l/City Center and C-2/Old Town Districts shall be exempt from the requirements of the Zone. 23F.02 Plan (~nrrm~i~eir~n Apprnval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive - Range Idme Road Corridor Overlay Zone. 23F.02.02 Develn?n~nt Plan. A pubhc hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions or modifications to existing structures which exceed either of the following: A. Tl~;y-fiwFifty percent (ff550%) of the original gross floor area of the existing stmcture, apphcable from the date of this ordinance, or B. Five thousand (5,000) square feet. 23F.02.03 Archlt~vmrnl DesiLm; Rxterlnr T.ightlng: I.and~eaplng and .qi~maag~ The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F. 16, Section 24.03 and such approvals shall be necessary prior to: A. The estabhshment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In ease~ where properties were developed prior to ADLS requirement, maintenance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In eases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. 23F.02.04 Zoning Waiver. The Commission may, after a public hearing, g~ant a Zoning Waiver of the dimensionsl and quantitative standards of this Chapter, by not greater than thirty-five pement (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from devehipment standards provided under lC 36-7-4-918.5 and this Zoning Ord/nance. C~hapte. r 2'~F: C~armel Driv* - Ran~ T.ine Rnatt C~nrridnr Overlay Znn* 8/26/2004 23F-2 23F.03 permitted 1 l~e~ See Appendix A - Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primaxy zoning district(s), except those uses expressly prohibited by Section 23F.04, are pemfitted in the Zone. 23F.03.02 Residential uses are permitted; however, it shall not comprise more than fitYy-seventy-five percent (5075%) of a project's gross floor area in districts where residential is not permitted in the underlying zoning district. 23F.04 Speeial ll~ec; Prohibited lI~e~. See Appendix A - Schedule of Uses. 23F.04.01 Epeeial All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to Section 23F. 03: Permitted Uses but which otherwise does conform to the applicable Use provisions of the underlying zoning district(s), shall be ~,;~d o~deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23F.04.02 Prohibited 1 lae~ 23F.04.03 A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A Re~tnrntirm after I')e~tnmficm nfI:hlilding. Nothing in th/s Chapter shall prevent the restoration of a building or structuro destroyed less than ninety pement (90%) of its square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a pubhc enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to thc obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or s~ucturo desttoyed less than ninety percent (90%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Location Permit and payment of fees. 23F.05 FhHldin~o Rethaeke 23F.05.01 l:lnild-to I.ine A. Minimum: B. Maximum: below. 23F.05.02 Zero (0) feet, subject to recorded utility easement(s). Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C C. Up to seventy-percent (70%) of the front faqade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (I0) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. Ride and Rear Rethaek~ There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. Chapter 2RF. Carmel DHve - Range T.ine Rnad (~nrHdnr C~verlay Zn~e 8/26/2004 23F-3 23F.05.03 Conflietin_o Reqnlrementg~ Wherever there exists a conflict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive - Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall govern. 23F.06 Building Orlentatlnn 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.05.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.05.03 Builffmgs on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Ordinance. 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildings shall face a public street, with a prima~ entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible from the stxeet. 23F.07 Building l-leight 23F.07.01 Principa! Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fifty percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. 23F.07.02 Minffnum height: twenty-six (26) feet 23F.07.03 Maximum height: A. Thkty-five (35) feet, or three stories, whichever is greater, ff adjacent to single-family residential zone. B. FiRy-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Foo~rlnt 23F.08.01 Miinmurm 5000 o,~,~.~ f~0.5 Floor Area Ratio (FAR). 23F.08.02 Maximum: 20,~,0G40,000 square feet. 23F.09 Cnn~tn,efinn Material~ 23F.09.01 Principal Buildings must be faced on front and sides with brick, stone or similarly detailed precast concrete and trrmmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building fagade materials may vary, however, its material colors and composition must be coordinated with the front and side facades. 23F. 10 Arehlteetnral r)~.~ign Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F. 10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a si~cmificant component. Carmel F)rivm - Range T.inm Rmacl C~orrldnr Overlay 71~nm 8/26/2004 23F-4 23F.10.02 23F.10.03 23F. 10.04 23F. I0.05 23F.10.06 23F.10.07 23F.i0.08 23F.10.09 23F.10.10 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. The fagade shall be provided relief by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. The first floor and all other floors will have a coorcl~nated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. When applicable, retail storefrunts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. Every face of the building with frontage on a public street must have openings for windows. Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. Fixed or retractable awnings are permitted ff they complement a builcYmg's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair fagade composition; and are designed as an integral part of the facade. Metal or aluminum awnings are prohibited. Pedestrian scale detailing is ~',:q,~,¢d encouraged on the front elevation of the building at the ground level. Because the buildings are viewed very close up, ail buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. Rooftop mechauical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other sinxilar method and which are integrated into the overall building design and approved by the Commassion. 23F.11 l.and~eaping. 23F.11.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F. 11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shxubs per 100 linear feet. 23F.11.03 23F. 11.04 23F. 11.05 23F.11.06 23F. 11.07 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by Iow walls, Iow fences, or hedges.Pmk~t~ Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. The design of fencing, sound walls, trash enclosures and shnilar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. Sites with existing trees or stands of trees shah protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total i~talled cost of the remelnlng, unin~talled landscape material. Chapter ~gg: Carmel Drive - Range l.ine Rnad (?nrridnr Overlay Znne g/26/2004 23F-5 23F. I 1.08 23F. 11.09 23F.11.10 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in this zone will be maintained by the City. All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further ?I,,~ ,Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/telecommanieatiun equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F.12 Lighting, 23F.12.01 23F.12.02 23F.12.03 23F.12.04 23F.12.05 Sl~eet lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and ora design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed offthe site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shah be architecturally integrated with the building style, materiaI and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 51iLgnage 23F.1.,.,,, 23F.13.01 23F.13.02 23F.13.03 Prohibited signs: A, Ground Signs B. All other signs specified in Section 25.07.01-4: Prohibited Signs. Wall signs are allowed provided that they fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be detenuined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 23F.14 Pede~tr/an Circulation. 23F. 14.01 Sidewalks along public streets shall be a mum of eight (8) feet in width. Chapter 9'4F: Carmel DHve - Range T,ine Rnad Cnrrldnr Overlay Znne 8/26/2004 23F-6 23F.14.02 23F.14.03 23F.14.04 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shah be six (6) feet. Neither sidewalks nor walkways shall be used by automotive traffic. Pedestxian access shah be coordinated with and provided to adjoining properties. 23F.15 parking 23F.15.01 23F.15.02 23F.15.03 23F.15.04 23F. 15.05 23F. 15.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shah be located at the rear or side of builcYmgs, and screened per Section 23F. 11.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedes~xians safely fi.om parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. Bicycle parking shall be provided, one space per 1 O0 feet of street frontage. 23F.16 Prndnct Material ,g- R crime Rtrwage 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building. 23F.16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integxated into the overall site layout. B. Be approved by the Commission. 23F.16.03 Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and reeyelable materials, and, ff applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal builffmg and integrated into the overall site layout. D. Be approved by the Commission. 23F.17 C~ther R eqnlrementn. All other requirements not mentioned in this Section shall remain as stated for that primary zoffmg classification district mapped. 23F.18 5hmget Prnvi~inn This Chapter expires December 31, 2006. Chapter 2:~I~! Carmel Drive - Range Tin~ Rnarl ~nrrittnr Clverlay Znne~ 8/26/2004 23F-7 CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council Annmval ~ffe~ive~ Dnte ,qe~tinn~ Affected Z- Carmel Drive - RanE~ T,ine ]~nnd C~nrrldnr C~ve, rl~y 7nn~, 8/26/2004 23F-8 City of Carmel CARMEL PLAN COMMISSION -MEMORANDUM- Date: August 13, 2004 To: Plan Commission Members From: Adrienne Keeling Department of Community Services Re: Docket No. 04010027 OA: Carmel Drive - Range Line Road Overlay Please find enclosed the latest draft of the Carmel Drive - Range Line Road Overlay. This draft will be discussed Monday night at a Special Meeting of the Subdivision Committee. Please review this draft, as the Committee may ask to have this item added to Tuesday night's Plan Commission Agenda. If you have any questions please give me a call at 571-2417. PCMEMO-2004-0813 ONE CIVIC SQUARE Page 1 CARM2EL, INDIANA 46032 317/571-2417 DRAFT ZONING ORDINANCE CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00 Carmel Drive - R an~e T'ine Rnad Civerlay Znne' 23F.00.01 pumo~e lnt~nt and Anthnri~. ~C p~OSC of ~S overlay zone is to allow for ~e cs~blis~ent of a more ~lly ~te~ated ~xed-use pedes~i~ oriented dis~ct that is safe and a~acfive offe~g a range of activities and oppo~fies to all se~ents of socie~. It is ~e ~tant of ~s zone to provide a co~istent ~b~ design ~ea~ent for properties ~ cen~al C~el; to provide oppo~ities for inves~ent; to ~zc sub~han sprawl ~d i~as~cmrc costs; to e~ance ~e aesthetic qualities of prope~, and to protect ~e hcal~ and safe~ of prope~ o~ers and cit~ens. F~er, it is ~c ~tent of ~is overlay zone to provide a tempora~ re~latioa, ~at ~ll support ~e ongo~g redevelopment of Ca~el Ci~ Center, and Old To~, and ~e Avenue of A~ nad Design, act~g as a ffa~itiou ~til a specific plan for C~el's cen~al bus,ess dis~ct (CBD) is adopted, and w~ch plan will se~e ns ~e basis for CBD Zone. T~s dis~ict is superimposed over ~e other p~ zun~g dis~icts and its regulations s~ll supersede ~ose of ~e p~ zoning dis~icts over which it is superimposed. In establishing this zone, ~the Plan Co~ssion and Council, ~ ~bliol~ag ~Id~ ~nc, ~ ~l:i,,~relies on I.C. 36-7-4~1400 et seq. 23F.00.99 Applicatlnn Procedure. A. Development Plan. See Section 24.99(~): Development Plan. Architectural ~egi~: Exterior T.i~hfin~; Tnnd~capin~ and ~i~n~e (A~T.~). See Section 24.99(B): Architectural Design, E~terior Ligh~ng, Landscaping and Silage (ADLS). 23F.01 r)i~triet Ronndarie~ The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F.01.01 Carmel Drive. The District shall affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive to the west, including all corners of Gradle Drive. 23F.01.02 Range Line Road. The District shall affect all parcels of land that abut Range Line Road between 116th Street to the south and 1st Street South, to the north, including all parcels with frontage on both 116ts Street and Range Line Road. 23F.01.03 Parcels in the C-l/City Center and C-2/Old Town Districts shall be exempt from the requirements of the Zone. 23F.02 Elan (~nrnrni~inn Apprnval~ 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone. 23F.02.02 Development Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions or modifications to existing structures which exceed either of the following: Chapter 23F: f'arrnol Dr/ye - Rnnge line R~ad Cnrrlclor Overlay Znne 8/3/2004 23F-1 23F.02.03 DRAFT ZONING ORDINANCE A. Thirty-five percent (35%) of the original gross floor area of the existing structure, applicable from the date of tiffs ordinance, or B. Five thousand (5,000) square feet. Architectural Design. g~t~rior T.ight/ng' Tand~naping n'nrl .qi~nage. The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, pm~u,~it toconslstent with the provisions set forth in Section 23F.08 through Section 23F. 16, Section 24.03 and such approvals shall be necessary prior to: A. The establishment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS; C. ,m ~' L~h~[ion ,~' St, a,.L~al~,~,.,,~L,,~,~' .... ~, ,my o~ ~,~ ~*~ ,~m,% or Any change in site improvements which are not consistent with previously approved 23F.02.04 7nnln~, Waiver The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining stteetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. ~,~ deprive,~,~j,,,,,,,,~"'"" }''~'w~'~' of C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted 1 ~sea. See Appendix A - Schedule of Uses. 23F.03.01 All Uses which are pem~itted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are perrdtted; however, it shall not comprise more than fifty percent (50%) of a project's gross floor area in districts where residential is not permitted. 23F.04 Speniallleo~;Prohihitedll~e~ SeeAppendixA-ScheduleofUses. 23F.04.01 Spe'eial All Special Uses which are perm/tted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use ufa Buildh~, l~d 6i v~,i,:~o existing at the time of the passage Chanter ?RI:- Carmel Drive - Range I.ine Road Corridor (3verlay 2~nne 8/3/2004 23F-2 23F.04.02 23F.04.03 of this Chapter which does not conform to ,,II ,,f ~I,,~ ,,ppli,~,*bl~ p,,,visio~Section 23F. 03: Permitted Uses of ~hl, Cli,~k,[,., but which othenvise does conform to ,all ,,f the applicable Use provisions of the C ..... 1 Z,,,~i~t50, di ..... 2,,.I~,d2~ iL.,, underlying zoning district(s), shall be treated as a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. Prohibited 1 A. Automobile, Track, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A Restoration after De~tnmtinn nfglnilding. Nothing in this Chapter shall prevent the restoration of a building or structure destroyed less than ninety percent (90%) of its ,,~,~k,.t ,,,1,,,.square footage at the time of such destruction ~,.,,.,,,,,, ,~, ,~,~ ....... ,,~ ,,ov by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impakrment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than ninety percent (90%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Location Permit and payment of fees. A ...................... 3 fl Co ' ' ' .... ......... ~he ................ tl .......... der Chapter 2qler Carm~.l Drive - Range l.ine Rnad Cnrridnr Overlay 7nm- 8/3/2004 23F-3 23F.05 ghlilcling Sethack~ 23F.05.01 lin/Id-to I.ine. A. Minimum: Zero (0) feet B. Maximum: ten (10) feet, subject to subparagraph C below. C. Up to thin'ysevanty-parcent (~070%) of the front faqade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. 23F.05.02 Side and Rear Rethaeke There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 23F.06 gluiltling Orientation 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. 23F.07 glnilding I4eight 23F.07.0I Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fifty percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. Minimum height: twenty-six (26) feet 23F.07.02 23F.07.03 Maximum height: Chapter 2gg: Carmel Drive - Range Line Rnacl Cnrridnr Overlay Znne 8/3/2004 23F4 A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family residential zone. B. Fifty-five (55) feet, or five (5) stories, whichever is greater. 23F.08 ghfilding Fnn~rint 23F.08.01 Minimum: 5000 square feet. 23F.08.02 Maximum: 20,000 square feet. 23:F.09 {2nn~mmtlnn MateHal~ 23F.09.01 Principal Buildings must be faced on front and sides with brick, crt-stone or similarly detailed precast concrete and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building fagade materials may vary, however, its material colors and composition must be coordinated with the front and side fagades. 23F. 10 A rehiteetnral Design Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F. 10.01 glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F. 10.03 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.10.04 The fagade shall be provided relief ,q,~t, ~,itl~ ,~Ii,,£ ~,~,vldcd by whadows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F.10.05 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F. 10.06 When applicable, B,41d;~ ,,~t h,~v~ ~etail storefronts shall be oriented along the public street front o£ the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23F. 10.07 Every face of the building with frontage on a public street must have openings for windows. 23F. 10.08 Large expanses of glass are allowed, but the building may not be cons'reacted entirely of a metal and glass curtain wall. 23F. 10.09 FLxed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair faqade composition; and are designed as an integral part of the fagade. Metal or aluminum awnings are prohibited. 23F.10.10 Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F. 10. I 1 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the commassion. Chapter ')~F: Carmel Drive - Range l./ne Rnacl C~nrr/dnr Overlay Znno 8/3/2004 23F-5 23F. 11 I.andseaping 23F.11.01 Shade trees shall be planted within the street fight-of-way, parallel to each street, per the standards nfthe City. Maximum spacing between trees shall be fit~y (50) feet, and a minimum nf thirty (30) feet. 23F.11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and twenty-thirty (~O30) shrubs per 100 linear feet. 23F.11.03 Parking areas shall be completely screened from the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masonry walls, or combination thereof. 23F. 11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F. 11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F. 11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F. I 1.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uinnstalled landscape material. 23F. I 1.08 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 23F. 11.09 All landscaping is subject to approval by the Commission. No landscaping which has been approved by the Plan Comrmssion may later be substantially altered, eliminated or sacrificed without first obtaining farther Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 23F.11.i0 Ground level mechaincal] telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F. 12 LightinE 23F.12.01 23F.12.02 23FA2.03 23F.12.04 23F. 12.05 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed offthe site and the light source is shielded fi:om direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated fi.om concealed, iow level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or Chapter 2'tF: Carmel Drive - 't~ange I~int- Rnncl Cnrridnr Overlay 7nn~ 8/3/2004 23F-6 twenty-five (25) feet, which ever is less. When light standards abut or fall w/thin ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 Ri~onage 23F.13.01 23F.13.02 23F.13.03 23F. 13.04 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25. 7.02-13 shall apply to the Zone. Prohibited signs: A. Ground Signs B. All other signs specified in Section 25.07. 01-4: Prohibited Signs. Wall signs are allowed provided that they fit w/thin the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 23F.14 Pedestrian Circulation 23F. 14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F. 14.03 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 14.04 PedesUian access shall be coordinated with and provided to adjoining properties 23F. 15 Parking. 23F,15.01 23F. 15.02 23F. 15.03 23F.15.04 23F.15.05 23F.15.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section 23F. 11.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or intemal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.16 Prnduet Mater/al/~.- R crime gtarage 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building.; Chapter ~RF' Carmel Drive - Range T./ne Rand Cnrrldnr Overlay Znnf' 8/3/2004 23F-7 23F. i7 23F.18 23F. 16.02 23F.16.03 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Comm/ssion. Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal buiIdmg and integrated into the overall site layout. D. Be approved by the Commission. Other R en?irement~, All other requirements not mentioned in this Section shall remain as stated for that primary zormag classification district mapped. S~lrteet Prc~v~nn This Chapter expires December ] 1, 2006. Chapter )'~F: Carmel Drive - Range ~'.~ne gnad Corridor (3verlay Zone 8/3/2004 23F-8 CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. C~n~mni] Annrnvn! g~ffentive Date glectin~ Affent~'d Z- C~hn?er 2RF: C~nrrnel Drive - Range l.ine Rnad C]nrr~dnr Overlay Znrle 8/3/2004 23F-9 City of Carmel CARMEL PLAN COMMISSION -MEMORANDUM- Date: August 3, 2004 To: Subdivision Committee Members From: Adrienne Keeling Department of Community Services Re: Carmel Drive - Range Line Road Overlay Draft Please find attached the latest draft of the proposed overlay zone. This draft is in response to comments received at the last meeting of the Subdivision Committee as well as written comments provided by Paul Reis dated July 26. Below is a summary of the changes made to the Ordinance since the draft provided at the last committee meeting. 23F.00.01 pnrpn~e: Intent and Antbr~rity, Clarified language to include the Council as the legislative body, 23F.01 I-)i~triet P~onnclarie~ Added language to clarify the boundaries, as seen on exhibit map (includes all comers of Camel/Cradle and Range Line/116th). 23F.02.03 ADI.g. Comments: Vague language in subsections C & D. Department: Clarified that repairs and maintenance do not trigger approval. Only changes not consistent with previous approval need amendment. 23F.02.04 Zoning Waiver. Deleted language relating to adequate light and air. Comment: Minor ADLS applications to be heard by Director. Department: This should be considered across the board, and not just for purposes of this zone. 23F.03 permitted ll~es, Adjusted language as to not restrict residential uses where it is currently allowed. This will actually allow limited residential uses where it is not allowed currently. 23F.04 ~qpecial lIsea. Adjusted language to essentially match what was suggested, except for the provision that Special Uses be heard by Hearing Officer (see also 23F.04.05). ONE CMC SQUARE Page 1 CA~, INDIANA 46032 317/571-2417 23F.04.03 23F.04.05 23F.05.01 23F.06 23F.07 23F.08 23F.09 23F.10 23F.13 23F.14 23F.15 Regtnration nfl.er Degtnmtion of Bnilding. Change "market value" to "square footage," for the 90% test. This language comes straight from Nonconforming use chapter of the Ordinance, and should be changed as well. The Department has chosen not to add the proposed language that would allow for a Hearing Officer to determine DSV requests resulting in destruction of more than 90%. Alternate Procedure for .qpeeial U'~eg in the Overlay Zone. DELETED. Build-tn Line Comment: Utility lines may extend outside the R/W. Department: This is not a requirement, only a minimum to allow for buildings to be situated on the property line. In the unlikely event that lines are located outside, there is still 10' of setback room. Comment: 30% recession may not be enough. Department: Changed language to allow for 70% of the building to be recessed for purposes of entrances and outdoor seating. ~uilding Orientation. Clarified seemingly vague language pertaining to lots with less than 120 feet of frontage by defining driveways, sidewalks, and landscape areas as being allowed as exemptions to the 70% rule. Rnilding l-leight, No change in language. Fhfilding Footprint, No change in language. Ace Hardware is approximately a 20,000 square foot building footprint. (2ongtnmt/on MatecriMa Added Precast concrete as a material choice (not just trim). Arc. hitecmral De~i~ma Comment: .01 (transparent storefont glass) what about pure office uses. Department: Adjust language to require transparent glass as a significant component on first floor- not an actual storefront. This is still acceptable for office uses. Rignage No change. The Old Town Carmel sign section allows for unique signs that are not allowed in other districts (suspended, porch). This ordinance allows for wail signs, where the Old Town District does not. Pedestrian Circulation Deleted section requiring covered walkways. Parking. Added language clarifying that parking lot pathways may be as simple as striping. This is just to designate, in larger parking lots, a safe route to the building or adjacent sidewalk. This is not uncommon in commercial development, the PC has required this before. If you have any questions please give me a call at 571-2417. PCMEMO-2004-0803 ONE CIVIC SQUARE Page 2 CARMEL, INDIANA 46032 317/571-2417 CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00 Carmel Drive - Range Line Road Overlay Zone- 23F.00.01 Pgrpose, Intent and Authority. The purpose of this overlay zone is to allow for the eslablishment of a more fully integrated mixed-use pedes~-ian oriented district that is safe and atlxactive offering a range of activities and opportonities to all segments of society. It is the intent of this zone to provide a consistent urban design rreaiment for properties in central Carmel; to provide opportunities for investment; m minimize suburban sprawl and infrastructure costs; to enhance the aesthetic qualities of property, and to protect the health and safety of property owners and citizens. Further, it is the intent of this overlay zone to provide a ten~ootary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone. 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. In establishing this zone, the Plan Commission and Council,, relies on LC. 36-7-4-1400 et seq. 23F.00.99 Application Procedure. A. Develonment Plan. See Section 24.99(A): Development Plan. B. Architectural Design. Exterior Liehtinm Landscatfn~ and Si~na~e/ADLS). See Section 24. 99(B}: Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23F.01 District Boundaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. I The zone.~al~ ggneml!y be t~fine~ as fol!ows: 23F.01.01 Carmel Drive The District shall affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive to the west, including all comers of Gradle Drive 23F.01.02 Range Line Road. The District shall affect all parcels of land that abut Range Line Road between 116'h Street to the south and 1'~ Street South, to the north, including all parcels with frontage on both 116t~ Street and Range Line Road. 23F.01.03 Parcels in the C-I/City Center and C-2/OId Town Districts shall be exempt from the requirements oftbo Zone. 23F.02 Plan Commission At>omval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signagn (ADLS) for any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone. 23F.02.02 Develot~ment Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions or modifications to existing structures which exceed either of the following: A. Thirty-five percent (35%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, or Chgptcr 23F: Carmel [)rive Range Line Road Corridor Overlay Zone 8D/21)04, 23F 02.03 23F.02.04 B. Five thousand (5,000) square feet. Architectural Desitin. Exterior Li~htint. Landscanin~ and Si~na~te. The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signagn (AD[S), access to property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall be necessary prior to: A. The establishment of any use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with prey ously approved AD[St I C. Any change in site improvements which are not consistent w/th previously approved ADLSl Zoning Waiver. The Commission may, after a public heating, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscepes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be imprachcal or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure lhe purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-74-918.5 and this Zoning Ordinance. 23F.03 permitted Uses. See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in ~he Zone. 23F.03.02 Residential use~are permitted) h0wever, ~[ shall no[ comprise more thap fifty percg'nt (50°/o) of a project's gross floor area in districts where residenfial~e¢~!/~,pot petrol(ted: 23F.04 Special Uses; Prohihited Uses. See Appendix A- Schedule of Uses. 23F.04.01 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zomng district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use existing at the time of the passage of this Chapter which does not conform to St,clion 23F. 03: Permitted Use,* but which otherwise does conform to the applicable Usc provisions of the underlying zoning district(s), shall be ~d cgp).t:~ ..t!Lleq al!~! 5J!~a!.~: a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23F.04.02 Prohibited Uses A. Automobile, Truck, Boat, Mobile Home, Manufactered Housing or RV Sales. Comment [pgr3]: Same comment as I Chapter 23F: Carmel Drive - Range Line Road Corridor Overlay Zone 8t9/2004, 23F-2 23F.04.03 B. Sexually Oriented Businesses C All Industrial Uses in Appendix A Restoration after Destruction of Buildint. Nothing in this Chapter shall p~event the restoration of a building or structure destroyed less than ninety percent (90%) o fits square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use. except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than nineiy percent (90%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Location Perm/t and payment of fees. I 5 23F.05 Buildin~ Setbacks. 23F.05.01 Build-to Line. A. Minimum: Zero (0) fee~ B. Maximum: ten ( I 0) feet, subject to subparagraph C below. 23F.05.02 C. Up to seventy-percent (70%) of the front facade may be recessed for entrances and outdoor seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall bc recessed mom than iv, enty (20) feet, subject to Commission approval. Sidle and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 23F.06 Buildine Orientation. 23F.06.01 Evcry parcel with frontage on Cannel Drive and/or Range Line Road must have a building that fronts on those streets. [ 23F.O6.02 Except for those lots with 120 feet or ]ess of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 thet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by thc Ordinance. 23F.06.04 Additional buildings tray be built in the rear of thc property. 23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06 Thc primary entrance must be readily apparent as a prominent architectora] feature and visible from thc street. 23F.07 ~[610ine Height 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at least fifty percent (50%) the size oftbe building footprint and must be oriented to the front of the building such that its front line is equal to that of the first fluor. ! 23F.07.02 Minimum height: twenty-six (26) feet 23F.07.03 Maximum height: Comment [pgr7] Noi'sn hs and ng Comment [Pill]: Does this require Comment [pgr/O]: ~is bad penny Chapter 23F: Carmel Dnv~ - Range Line Road Corridor Overlay Zone 8/9/2004, 23F-3 A Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-fatuity residential zone~ B. Fiflyofive (55) l~et, or five (5) stories, whichever is greater,I 23F.08 Build/nM Foot~rint. 23F.O8.0l Minimum: 5900 square feet. 23F.08.02 Maximum: 20,000 square feet.i 23F.09 Con~'uc*ion Materials. 23F.09.01 Principal Buildings must be faced on front and sides with brick, stone or similarly detailed prccast concrete and trinm~d in metal, stone, precast concrete, wood, or stucco. 23F.0q.02 Rear building ~hgade materials may vary, however, its material colors and composition must be coordinated with the front and side faqades. 23F.10 Architectural Desien. Buddthgs in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F. lO.Ol Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F.10.03 A distinct cornice line at the top of the wall and intem~diate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.10.04 The facade shall be provided relief by windows and surrounds, storefl'onts, doors, and features such as special brick coursing, pilasters and lintels.Il 23F.10.05 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the a]ignmen! of upper floor windows and other features with openings and features of the first floor. 23F.10.06 When applicable, retail storefronts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for 23F.10.07 Every face of the building with frontage on a public street must have openings for windows. 23F.10.08 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F.10.09 Fixed or retractable awnings are permitted if they complement a bui]ding's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair facade composition; and are designed as an integral part of the fa~:ade. Mehal or aluminum awningsare prohibited. 23F.10.10 Pedestrian scale detailth~ is requ!red on ~he fron~ e!evation of the bu!!ding at the ground level Because the buildings are viewed very close up, all buildings should exhibit articulated detail and oraamcnt that is scaled to the pedestrian. 23F.10.1 ] Rooftop mechanical and telecommunication equipment shall be fully sereened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. 23F.1 ] Landscanin~. Comment [porl2]: This may Chapter 23F: Carny41 Drive - Range Line Road Comdor Overlay Zone 8~)/2904, 23F-4 23F.11.03 23F.I 1.05 23F.11.07 23F.1 ] .09 23F.I1.10 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing betv~en trees shall he filly (50) feet, and a minimum of thiriy (30) feet. I A five-foot (5') wide planting stap shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 hnear feet.I Parking areas shall be completely screened fi.om the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masonry walls, or combination thereof. ] Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces.I The design of l~ncing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of aH trees that are 6" DBH or larger and located within the required yard/setback areas. All landscaping approved as part of an ADLS plan shall be installed prior m issuance of a Certificate of Occupancy by the Department. If it is not possible to instalI the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, unmstalled landscape material. It shall be the responsibility of thc owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds~I All landscapthg is subject to approval by the Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. i Comment What is thc [pgr17]: Comment [pgrl.8]: same comment Comment [pgrl9]: Urban design ,.?ro_vide~adequate on site j>a[kin~ 23F.12.02 23FA2.03 23F.12.04 23FA2.O5 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed offthe site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shah be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, Iow level fixtures. The maximum height of light standards in parking areas shall not exceed the building heighL or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) Ibet of single thmily residential, their height shall not exceed fifteen (I 5) feet. Chapter 23F: Carl3~l Drive Range Line Road Corridor Overlay Zone 8/9/20(14, 23F-5 23F.13 Signage. 23FA3.02 23F.13.03 23F.13.04 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining ~ Old Town Carmel, Section 25. 7.02-13 shall apply to the Zone. ~ Prohibited signs: A. Ground Signs B. All other signs specified in Section 2.5.07.01-4.' Prohibited Signs. Wall signs arc allowed provided that they fit within the horizontal and vertical elements of the building and not obscure details oftbe building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Char~ A to determine the allowable sign area. Comment [pgr21]: This is a major issue. The Old Town sign standards are 23F.14 Pedestrian Circulation. 23F.14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F.14.03 Neither sidewalks nor walkways shall be used by automotive traffic. 23F.14.04 Pedestrian access shall be coordinated with and provided to adjoining properties 23F.15.02 23F,15.03 23F.15.04 23F,15.05 23FA 5.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walk~ays and/or building(s). Such paths may consist of striping1 Bicycle parking shall be provided, one space per lO0 feet of street frontage. 23F.16 Product Material & Refuse Storage. 23F, I 6,01 Material or product storage shall occur within the Principal building or an Accessory building. 23F.I 6.02 Any Accessory Building 1hr storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. ~, C. omment [p~r22]: Yet another I , challenge to provide adequate pal~ing on Chaoter 23F: Carmel Drive - Range Line Road Corridor Overlay Zone 8/9/2004, 23F-6 DRAFT ZONING ORDINANCE 23F,16.03 B. Be approved by the Commission. Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission, 23F.17 Other Reauirements. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classificaOon district mapped, 23F.18 Sunset Provision. This Chapter expires December 3 I, 2006. Chat)ter 23F: Carmel Drive Range Line Road Comdor Overlay Zone 8/9/2004, 23F-7 CHAPTER 23F: CARMEL DRIVE- RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No, Council At~roval Effective Date Sections Affected Z- Chapter 23F: Carmel Drive Ranee Line Road Corridor Overlay Zone 8/9/2004~ 23F-8 DREWKY SIMMONS VORNEHM, LLP 8888 Keystone Crossing, Suite 1200 * Indianapolis, Indiana 46240 · (317) S80-4848 telephone · (317) 580-~85S facsimile · www. drewrysimmons.com Paul G. Reis preis@drewrysimmons.com July 26, 2004 Ms. Stephanie Blackman 5350 Rippling Brook Way Carmel, Carmel 46033 RE: Proposed Carmel Drive - Range Line Road Corridor - Overlay Zone Dear Ms. Blackman: In furtherance of our comments presented to you at your last Sub-Division Committee meeting on July 6, we have prepared our suggested revisions and comments for your review and discussion at the next Committee meeting scheduled for Tuesday, August 3. Enclosed with this correspondence is a markup of the proposed ordinance with those comments and proposed revisions. Should you have any questions or if you would like to discuss this matter in the interim, please feel free to contact me. Thank you very much for your consideration of these comments and proposed revisions. Best Regards, PGR/lg CC' DKEWRY SiMMONS VORNEHM, LLP Jon Dobosiewicz, Adrienne Keeling - DOCS Mo Merhoff, Chamber of Commerce CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE- RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00 Carmel Drive - Range Line Road Overlay Zone. 23F.00.01 Puroose. Intent and Authofitv. The purpose of this overlay zone is to allow for the establishment of a moro fully integrated mixed-use pedcslrinn oriented dislrict that is safe and attractive offering a range of activities and opportunities to all segments of society. It is the intent of this zone to provide a consistent urban dcsign frealraent for propcrtics in central Carmel; to provide opportunities for inveslment; to minimize suburban sprawl and / supersede those or the primmy zoning districts over which it is superimposed, Thc ~7.~u__n. fi~[ j_n_~ ...--- 23F.02 Plan Commission Aooroval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Amhbectural D~sigll, Exterior Lighting, Landscaping and Signage (ADLS) for any h'act of land in the Carmel Drive- Range Line Road Corridor Overlay Zone. 23F.02.02 Dev¢looment Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. A DP shall be required for additions or modifications to existing structures which exceed either of the following: A. Thirty-five percent (35%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, or B. Five thousand (5,000) square fuet. Chaoter 23F; Carmel Drive - RanEe Linc Road Corridor Overlay Zone Reis Markun %26-04 23F-1 23F.02.03 23F.02.04 Architectural Design. Ex~erior Linhtin;. LandscaDin~ and Si~na2e. Thc Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping a~d Signage (,MDLS), access to property, site layout, parking and site circulation, .... ~, D~let:~' pursuant to ~/ j ~,s~nd suclr approvals ~hall ~o~-~cessm7 pr~or ~ ~ ............................................. CI ....................... "f Co~ment: l'~is co~ld ~elu~e ~r' ...... !, ~o tha h~prove~a ~ts. Th s would r~quire D. ~1 ....................................................................................................... ,.:,. /.~...,~.,o,~d I ZOn n~ Waiver. The Commission may ~t~¢r a public bemng, grant a Zoning Waiver of the \',", / dimensional and quantitative standards &this Chapter, by not ~r~ater than thin-five percent !,?', (35%). ~y~pprovaltope~t sucha wsive~shall ~suNcct m ~c ~ollowinsc~teris: ~',' '" A. The pro~sal shall c~.c= ~e ovc~l ~velopment Plan and the adjoining ~ce..pes '?,,,' ".,(' ~u* .'~s,~ of~ ~p~mt. 'J and neighborhoods. B. The proposal shall not produce a Site Plan or strceV¢ircalation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle acccs{ ........................................... C, The proposal shall cxhthit extraordinary site design characteristics, including, but not limited to: Increased landscape tr~alanent, tree preservation, provisions for bicycle and p~estrlan traffic. in granting a waiver, the Conunission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of thc applicant under ?,,, ;; Indiana law to petition the Board for a variance from development standards provided under lC 36;7-4-918.5 and this Zoning Ordinance. '? 23F.03 Permitted Uses. See Appendix A- Schedule of Uses. 23F.03.01 All Us~s which are permitted in the underlying ptima~ zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitred in the Zone. 23F.03.02 Reside,ntinl uses are permitted, ho',vcvcr~it shall not comprisc]~ more than fi~y perccnL(SQ~) of~ Chapter 23F: Carmel Drive - Range Line Road Corridor Overlay Zone Reis Markun 7-26-04 23F-2 23F.04 Soecial Uses: Prohibited Uses. See Appendix A- Schedule of Uses. 23F.04.01 Soe¢ial Uses. All Sp~ial Uses which are p~rmiU~d (upon oblaining a Special Use approval ~m ~e Bo~d) in the underlying ~n~g didier(s), ex~pt ~o~ uses axp~ssly oxcluded in ~is S~on or Appendix A: Schedule of Us~, ~ p~i~ in &e Owrlay Zone unon the aooroval of the addition ~y Use ~xi~g at ~e fi~ of ~e ~ge of ~ ChaR~r which d~ not ~o~ to underlying ~ning distichs) shall bed~;~.h~;.r~j.~;g..~e~[ U~, Us~ shall not be considerM legal non~n~ing ~ nor require Spec~ Use approval for ~ntin~ce but shall r~ui~ Special Use approvg for any alteration, enlugement or e~emion. 23F.04.02 prohibimd Uses. * ~'. ~.. A. Automobile, Tmc~ Boa~ Mobile Home, Manu~c~ Housing or RV Sales. B. Sexually Orient~ B~esses C. Alllndus~ialUsesmAppendixA ~ , ' ~ 1~ ~. ~Nothing in thi~ Ch~p~r ~h~ll p~t ~ r~fion of · bulldog or mc~r~ des~oyed less ~ nin~ ~ent (90%) of' ' · e value of~e lot) by explosion, ~, flood, ~q~ke, ~ndsm~, act of God, ~ot or ~t of a public enemy, sub~uent ~ ~e pusage of~is Chap~; or sh~l prevent ~e ~nfinuance use, except ~ illegal non~ng use, of such building, s~cmre or pm ~f, ~ such ~e exis~d at ~e time of such impai~ent of such building s~mre or p~ ~emo[ ~1 such restoration and cons~cfion sh~l be subjem m ~e obtaining of ~ Impmve~nt ~cadon Pe~ with ~e ~es ~ived ~r ~e maturation of a building or s~cmre de~yM less nine~ ~rcent (90%) ~d r~o~ ~erd~g to i~ s~e of existence prior m des~cdon. ~1 restorations resulting in a div~gen~.~.ROg[~.p)~.9[.~.~[q[~Og~.~i)~S.R[.~q~R.. des~oyed nine~ p~ent (90%) or more sh~l ~ subject to obtaining an Improvement ~cafion P~it ~d payment offs. ~pter 23F: Carmel Drive - Ranee Line Road Corridor Overlay Zone Reis Mi~rktln 7-26-04 23F-3 23F.04.05 Altcmato Proc~dur~ for Snecial Uses in the Overlay Zone. '. A. Pursuant to Section 30.08.01 and I.C, 36-7-4-923, thc Commission ha~ previously cstablishexi thc position of Hearing Officer. In addition to thc powers granted undar Seetinn 30.08.02, a H~aring Officer shall have the power of thc Board to approve or deny a special use under this Chapter, in acenrdanc,~ with I,C. 36-7-4-918.2. Except m provided in this S¢~tinn 23F.03, all procedural rexluir~mcnts for Sp~ial Uses imposed by thc Rules of Procedure of thc Board, by thc Zoning Ordinance, and by I.C. 36-%4-900 et s~q. apply generally to the Hearing Officer and the altomat~ procedure, Spocificafiy, the provisions of I.C. 36-7-4-920(g) regulating eommuincation with any member of the Board shall bc construed to prohibit communication by any porson (other than thc s~aff as pormitt~d by law) with a H~aring Officer befor~ the hearing with intent to influence the Hearing Officer's action on a matter I~ading before him or her. B. Aitcr the Director has formally accepted any Special Use application as complete and in legal compliance, the Director shall, if thc Director determines that thc application concerns a Spoinal Use as descrilmd in Section 23F.03.01 above, place thc mat~er upon a Hearing Officer's agenda instead of placing thc mat~er upon thc Board's agcnda. C. The Director may, not less than five (5) days bcfor~ a h~aring before a H~ring Officer, indicat~ that hc or she do~s not obj~t to the approval of a Special Usc by thc Hearing Officer if specified Conditions ar~ attached. If thc applicant does not accept these Conditions, thc application shall bc consrdcr~d withdrawn, or shall bc transferred to thc agenda of thc Board if r~[ucst~d by thc applicant. D. Following thc hearing of a Spocial Usc application under thc alt~rnat~ procedure, a Hearing Officer may impose Conditions and may permit or r~quir~ the owner ora parcel of property to make a ~aa'jt~n Commi~ncnt con.ming thc usc or devalopmcnt of that parcal, as provid~l in I,C. 36-7-4-921 and thc Rules of Procadur~ of the Board. If the applicant for the Special Use fails to accept these Conditions or fails to make the Commitment, the application shall bc considered withdrawn, or shall bc transferred to thc agenda of the Board if r~uestcd by thc applicant. The Hcarthg Officer may not modify or t~rminal~ any Commi~nent, whether made under the alternate pro~dur~ or pursuant to an approval by thc Board. Only thc Board itself may modify such a Commitment. E, A decision of a Hearing Officer may not bca basis for judicial review, but it may be appoal~ to the Board. Thc Board shall conduct a new hearing on the matmr and shall not be bound by any Findings of Fact made by the Hearing Officer. A porson who wishes to appeal a decision of thc Hearing Officer must tile thc appeal with thc Board within fou~een (14) days al~r the decision is made, as provided in LC. 36-7-4-924. 23F.05 Building Setbacks. Chanter 23F: Carmel Drive - Rane¢ Line Road Corridor Ovcrinv Zone Reis Markun 7-26-04 23F-4 23F.05.01 tk2~3F.05.02 Build-to Line. A. Minimum: Zero(0)feet[ ..................... .,.'' B. Maximum: tan (10) fl~et subject 1o subnara~rranb C below. C, Up to thin'y-pemcnt (30%) of the front facade may be r~cessed for entsances and outdoor seating; however, no entrance shill be recessed more than tan (10) feet, and no outdoor seating area shall be recessed mom than ~nty (20) feet, subject to Commission approval. [. Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other p~rm~ent improvement shall encroach into required I~nd~¢ape 23F.06 Buildin~ Orientation. 23F.06,01 Every parcel with heritage on a public street must have a building that fronts on 23F.06.02 Except for those lots with 120 f~ct or less of frontage on a public stxeet, every parcel must have ',',", a building that occupies a mimmum of 70% of that frontage( ........................................ d 23F.06.03 Buildings on lots with i20 feet or less of frontage on a public street must occupy thc maximum ',, '., ".. amount of frontage except for driveways, sidewalks and other similar feature% as detanthned ~ by the Corem ss on.[ .................................................................................... '"", "", 23F.06.05 All Principa[ Buildings shah face a public street, with a primary entrance from a public street. 23F.06.06 The primiuy eatrancc must bc readily apparent as a prominenl arehitactura[ feature ned visible from thc street. 23F.07 Buildine Heiiht. 23F.07.01 1 ............................................................................................................. 23F.07.02 Minimum height: twenty-six (26) feet Chaoter 23F: Carmel Drive - Ranee Line Road Corridor Overlay Zone Reis Marku~ 7-26-04 23F-5 23F.07.03 Maximum height: A. Thirty-five (35) feet, or three stories, whichever is grea~ter, if adjacent to single-family residential zone. B. Fifly-flvc (55) feet, or five (5) stories wbichcvcr is grcater 23F.08 Buildin~ Fooitrint. 23F.08.01 Minimum: 5000 square feet.[ ........................................................................... Ma mu :20,000s efeet 23F.09 Construction Materials. 23F.09.01 Principal Buildings must be faced on front and sides with brick or stone and trimmed in metal, 23F.09.02 Rear building fag~dc materials may v~ry, how*vet, its rtmcrial colors and composition must be coordinatad with the fi-ont and side f~e~dcs. 23F.10 Architactural Design. Buildings in thc Zonc must be built as multi-stoB' commercial stomfront types, whose chamct~rictics includ~ ............................................................................................... · 23F.10.01 A ground floor with Itansparcnt stomfront glas{ ....................................................... 23F.10.02 Upper floors built of brick with windo~s insert~i init the wall 23F.10.03 A distinct cornice linc at thc top oftbe vail and intermediate horizontal elements, such as a ~im at thc top of the ground floor are optional. 23F.10.04 The fagade shall be flat, with relief provided by windows and surrounds, sitrcfronts, doors, and features such as special brick coursing, pilasters and Imtals. I .................................... 23F.10.05 Thc first floor and all other floors will have a coordinated composition, which will usually bc indicated by thc alignment of uppcr floor windows and other features with opcningn and features of thc first floor. 23F.10.06 Buildings must have retail sitmfronts along the public strut front of thc first floor of thc building, except for pedestrian entrances to p~rking m or small entrance Iobbi~ for upper floors.[ ................................................................................... ' ...................... j ¢ommentr Wrat about 23F. 10.07 Evcvd face oftbe building with frontage on a public st~-eet must have openings for windows. [ ~fe~siowl office u~? 23F.10.05 Large cxpanscs of glass are allowed, but the building may not be construcitd entirely of a metal and glass curtain wall. 23F. 10.09 Fixed or retractable awnings arc pcnnit~d if they complement a building'$ architectural sole, material, colors, and details; do not conceal architectural featotes (such as cornices, colunms, pilasters, or decorative details); do not impair fagade composition; and arc designed as an integral part of the fugade. Metal or alumthum awnings are prohibited, 23F.10.10 23F.10.11 ~~~onthe front eeva onofthebu dnga th~und eve .... , . ' Because fee buildings arc viewed very close up, all buildings should exhibit arhculatcd detail / and omamcnt that is scaled to the pcdcstrian. Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse scrccns or other similar method and which are integrated into the overall building design and approved by the Commission. Chanter 23F; Carmcl Drive - Range Line Road Corridor Overlay Zone Reis Marlrtm 7-26-04 23F-6 .. I 23F.11 Landscauin~. 23F.11.01 Shade trees shall be planted within the street right-of-way, parallel to each sitter, per the sumdards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum 23F.12.01 23F.12.02 23F.12.03 SU'eet lighting shall be provided as part of all projects, on both sides of the street when possible~ and spaced no less than one hundred (100) feet apart, and of a design per thc adopmd City style.L ....... f Commant: Is there au ovarall lighting Exterior ght ng of the bud ng or site shall be designed so that Ight ~s not thrected off he s te Laao~t~ ~le? and thc light source is shielded from direct off-site viewing. For any use abutting single-family rcsidential uses, illumination levels shall not exceed 0.5 foot candles at the prolmny line. Exterior righting shall be architecturally integrated with the building style, material and color. Chaoter 23F: Carmel Drive - R~nee Line Road Corridor Overlay Zone 23F-7 23F.12.04 23F.12.05 Roo f~op lighting shall be prohibited. All exterior archile~t~ral, display, decorative and sign lighting shall be generated from concealed, Iow level fixtures. Thc maximum height of light standards in parking areas shall not ~xce~d the building height, or twenty-five (25) feet, which ~vcr is less. When light standards abut or fall within ninety (90) feet of single family residential, their hcigh! shall not exceed fit~e~n (15) feet. 23F.13 $i~nalc. 23F. 13.01 Unless spccificd as ex~.m.p.t or prohibited signagc, or otherwisc noted b~low, ~c Si~ Ordnance ' regu at ons~ ~' ' , . n~ ................ C~ment: ~is is a m~ i~ue ~e 23F,13.02 Prohibi~ si~: Wall ~ign* ~ ~llowed provided ~t ~y fit wi~in ~ hor~n~l and wffic~l elom*n~ oftha building ~d not ob*cure det~il~ of~ building, No ~ign ~MII ~ allow~ m o~end ~bow the comie~ Ith~ of~ building. S~ s~ll b~ d~min~d by Sign C~ A of Sectmn 25.07: Sign Ord~ce. 23F.13.04 In c~es wh*m Wdl Si~ ~m lomted les~ ~an five f*~t (5~) ~om ~ righl-of-way line, ~ Wall Si~ ~hall ha d*~d to b~ located fiw (5) f~t ~m ~ right-of-~y ~r p~o~ of applying 23F.14.01 Si~*wal~ along public ~ ~11 ~ ~ minimum of oight (8) f~t ~ ~d~. 23F.14.02 Wal~y* ~hall b~ provided on at I~ on~ *id* of ~{ building and *hall provid~ not~ th ~i~ ordin~n~, ~ minimum wid~ for wal~y* ~hall b~ ~ix (6) f*ot~ 23F.14.05 Pcdes~ian ac~ss shall b~ ~ordinatod wi~ ~d provided to ~joining propc~i~s ". [ ~ J 23F.15 Parking. 23F.15.01 Park~g ~ ~hall ~ sethack not 1~ ~n ~m (6) ~*t behind ~e Front Build-to-Line. 23F.i5.02 P~k~g ~e~ ~hall be Ioca~d ~t ~ re~ or ~ide of buildings, ~d scroen~ per Sectlon 23F.15.03 Parking ~pae~ ~im*n~ion~ ~hall be 9~ x 20', or 10' x 18~, including ~o (2) f~t for bmper ov~r~g. 23F. 5.04 Adj~cenffad~ointhg p~king 1o~ sha0 be int~mnn*c~d eider by ~lle7 or internal drive,y, ~nd 23F.15.05 Pa~s wi~in ~k~g 1o~ of mo~ ~an ~c rows s~ll bc designated to accommodate / p~d~s~ians safely tom p~king ~e~ to sidewalks, ~l~ys ancot b~lding(s)~ ................ . -- [ 23F.15.06 Bicycl~ p~king shall be provided, one space p~r 100 f~e~ of s~et ~onteg~. Chauter 23E: Carmel Drive - Range Linc Road Corridor Overlav Zone ~ 23F-8 23F.16 p~-0duct Matorial & Refuse Storage 23F.16.01 23F.16.02 23F.16.03 Mater/al or product storage shall occur within the Principal building or an Accessory building. Any Accessory Building for storage shall: A. Be architocU~ally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. Any A~ccssory Building for storage or disposal of refuse shall: A. Accommodate ~ and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architocturally compatible with the Principal building and intogratod into the overall sito layout. D. Be approved by the Commission, 23F.17 Other Reauirements. All other requirements not mentioned in this Section shall remain as stated fur that primary zoning classification dis~ct mapped. 23F.18 ~;unset Provision. This Chapter expires December 31, 2006. Chapter 23F: Carmel Drive- Ranic Line Road Corridor Ovcrlav Zone 23F-9 CHAPTER 23F: CARMEL DRIVE- RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Chaoter 23F: Carmel Drive - Range Linc Road Corridor Qvcrlav Zone Rei5 Marktm 23F-10 City of Carmel CARMEL PLAN COMMISSION -MEMORANDUM- Date: July 1,2004 To: Plan Commission Subdivision Committee Members From: Adrienne Keeling Department of Community Services Re: 04010027 OA: Carmel Drive - Range Line Road Overlay On June 30, the Department met with the Chamber of Commerce and other representatives to discuss the latest draft of the proposed Carmel Drive- Range Line Road Overlay. Per our discussion, the department recommends the following modifications: 23F.02.03D. A~y ~I,~**~ in site i~,~,,,v~m~iit~. Substantial change in the Architectural Design, Exterior Lighting, Landscaping or Signage-on site. 23F.04.04 Qu~.~fi,,i~ ;,, ,q~ P,~;,~,~d l,y P,,,,~,,I ,,,"7.,,ii;hg A!,?M~. DELETE SECTION 23F.05.01C. Increase allowed percentage for building facades to be recessed from 30% to 70%. 23F.08.02 Eliminate Maximum Building Footprint of 20,000 square feet. Instead rome breaks in building facades. Require a minimum of 10' relief every 100 linear feet. 23F.14.03 Delete Section requiring walkways to be covered. If you have any questions please call at 571-2417. ONE CIVIC SQUAIUL Page 1 CARMEL, INDIAN,x. 46032 317/571 2417 City of Carmel CARMEL PLAN COMMISSION -MEMORANDUM- Date: June 25, 2004 To: Plan Commission Subdivision Committee Members From: Adrienne Keeling Department of Community Services Re: 04010027 OA: Carmel Drive - Range Line Road Overlay Please fred enclosed the latest draft and a map of the proposed Overlay District. This draft is the product of several meetings worth of comments and concerns from the Committee as well as from the Chamber of Commerce and business community. The department anticipates one more discussion with the Chamber of Commerce and its representative prior to the July 6 meeting. If you have any questions please call at 571-2417. ONE CIVIC SQUARE Page 1 C~, INDLANA 46032 317/571-2417 CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DKIVE - RANGE LINE ROAD CORRIDOR o OVERLAY ZONE 23F.00 ~armel Drive- Range I.ine Rnad Overlay Znne 23F.00.01 PaWnee: Intent anti Authority The purpose of this overlay zone is to allow for the establishment of a more fully integrated mixed-use pedestrian oriented district that is safe and attractive offering a range of activities and opportunities to all segments of society. It is the intent of this zone to provide a consistent urban design treatment for properties in central cityCarmel; to provide opportunities for investment; to minimize suburban sprawl and infrastructure costs; ,-to enhance the aesthetic qualities of th~ F,,,~,;i~property, and to protect the health and safety of property owners and citizens. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone. 23F.00.99 This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning dis~cts over which it is supemnposed. The Plan Commission, in establishing this zone, is relying on I.C. 36-7-4-1400 et seq. A.nplicatian Procedure. A. Devaln_nmant Plan. See Section 24. ff~: Development Plan. B. Architectural De~l_~n: F, xterinr I',iEhtin~_: I,nnd~en.nin_e nnd ~i_~nn~_e (AI~I,,R), See Section 24. gg: Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23F.01 Di~erict Bnlmdaties. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F.01.01 Carmel Drive. The District shah affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive to the west. 23F.01.02 Range Line Road. The District shall affect all parcels of land that abut Range Line Road between 116th S~xeet to the south and Ist Street South, to the north. 23F.01.03 Parcels ~,.~d in the C-Il-City Center;, and C-2/-Old Town Districts shall be exempt fzom the requirements of the Zone. 23F.02 Plan Cnmmig~inn Apprnvnl 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Cannel Drive - Range Line Road Corridor Overlay Zone. 'd~t i~ ;o 23F.02.02 Development Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. II,,~, ,ak DP shall iio~ be required for additions or modifications to existing structures which exceed either of the following: A, Thirty-five percent {35%) of the original gross floor area of the existing structure, Chapter ?ql~. Carmel Drive - Range l.ine Rnatt Cnrridnr Overlay Znne 6/23/20045/21/2g04 23F-1 23F.02.03 applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. ~C d~,v~,luF,,d. Areh t~et~ ral l}e~i_on. Exterior Li_ohtin_o. l,nnd~en.nln_o and ,~i_onao_~, The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, pursuant to Section 23F.08 through Section 23F. 16, and such approvals shall be necessary prior to: A. The establishment of any use of land; B. The issuance of any Improvement Location Permit; C. The erection, reconstruction or Structural Alteration of any building(s) in the Zone; or D. Any changes in site improvements. 23F.02.04 ?~nin_o Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Dev61opment Plan and the adjoining streetscapes and neighborhoods. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shah not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted Tlne~_ See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted, however, it shall not comprise more than fifty percent (50%) of a project's gross floor area. 23F.04 ~qpeeial Il'hen:' Prohihlted lTne~ See Appendix A - Schedule of Uses. Chapter ')'~g- Carmel Drive - Rang~ l.ine Road Cnrrldor Overlay Znne 6/23/20045,'2L'2g?,4 23F-2 23F.04.01 23F.04.02 23F.3.1 23F.3.2 23F.3.$ 23F.04.03 23F.04.04 23F.04.05 ~.necial linen. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone. In addition, any Use of a Building, land or premises existing at the time of the passage of this Chapter which does not conform to all of the applicable provisions of this Chapter but which otherwise does conform to all of the applicable provisions of the Carmel Clay Zoning Ordinance, including the underlying zoning district(s), shall be treated as a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. Prohibited Une~. A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A R~tnratinn after l}eatr,ction of Bnildln_~. Nothing in this Chapter shall prevent the restoration of a building or structure destroyed less than ninety percent (90%) of its market value at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. Ail such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than ninety percent (90%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed ninety percent (90 Ye) or more shall be subject to obtaining an Improvement Location Permit and payment of fees. Q.~tinna tn lie Decided by Board of 7xminE A_n?ealn. In circumstances where there is question whether or not a Use should be treated as a Special Use or a Prohibited Use pursuant to this Section, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the Rules of Procedure of the Board. Alternate Prneed.ra for ,qpacial llaaa in the Overlay Zone. Chapter 23Fr Carmel DHve - Range Iine Read Corridor Overlay Znn~ 6/23/20045/21/27,0,4 23F-3 A. Pursuant to Section 30.08.01 and I.C. 36-7-4-923, the Commission has previously established the position of Hearing Officer. In addition to the powers granted under Section 30.08.02, a Hearing Officer shall have the power of the Board to approve or deny a special use under this Chapter, in accordance with I.C. 36-7-4-918.2. Except as provided in this Section 23F.03, all procedural requirements for Special Uses imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by I.C. 36-7-4-900 et seq. apply generally to the Hearing Officer and the alternate procedure. Specifically, the provisions of I.C. 36-7-4-920(g) regulating communication with any member of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Officer before the hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. B. After the Director has formally accepted any Special Use application as complete and in legal compliance, the Director shall, if the Director determines that the application concerns a Special Use as described in Section 23F.03.01 above, place the matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's agenda. C. The Director may, not less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a Special Use by the Hearing Officer if specified Conditions are attached. If the applicant does not accept these Conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. D. Following the hearing of a Special Use application under the alternate procedure, a Hearing Officer may impose Conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in I.C. 36-7-4-921 and the Rules of Procedure of the Board. If the applicant for the Special Use fails to accept these Conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any Commitment, Whether made under the alternate procedure or pursuant to an approval by the Board. Only the Board itself may modify such a Commitment. E. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board within fourteen (14) days after the decision is made, as provided in I.C. 36-7-4- 924. 23F.05 Rnilding 23F.05.01 r,.,~t R,X|..L~k ~luild4n I,ine.- P.~,~C. L~. R~,ad ~d CamL*l Ddw A. Miinraurm ~w (5) f~.~Zero (0) feet B. Maximum:ten(10) feet arC. Up to ~.iy-thirty-percant (~030%) of the front fagade may be recessed "v f~t, for entrances and outdoor seating;-,; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval, 23F.05.02 Ride and Rear R~that:ltn Them are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. (~haptar 2'~F: Carmel Drive - Range Line Road C~arrldor Overlay Znne 6/23/20045/21/2g~,4 23F-4 23F.06 Fluildlng Orientation 23F.06.01 Every parcel with frontage on C.,~m,l DAv~. ,,~d/,,, l'.~s, Li,,. R~,,~d a public street must have a building that fronts on those s~xeeLs. ,~,d '~'-'-'~vJ '~ Ll'['~iimiL uf 70¢[ uf tlm~ ~ura;a~,. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and other similar features, as determined by the Commission. 23F.06.04~ Additional buildings may be built ui the rear of the property. 23F.06.05~ All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06~ The prunary entrance must be readily apparent as a prominent architectural feature and visible from the street. 23F.07 ~uilcllng t-leight 23F.07.01 Principal Buildings must be-have at least two floors of occupiable space. 23F.07.02 23F.07.03 The second and higher floors must be at least fifty percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. Minimum height: twenty-six (26) feet Max/mm height: A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family residential zone. B. fitu, Fifty-flve (55) feet, or five (5) stories, whichever is greater. 23F.08 Phfilding Yno~rint 23F.08.01 Minimum: 5000 square feet. 23F.08.02 Max/mum: 20,000 square feet. 23:F.09 C~on~mmtinn Material~ 23F.09.01 Principal Build'mgs must be faced on front and sides with brick or stone and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building fagade materials may vary, however, ils material colors and composition must be coordinated with the front and side fagades. 23F. 10 Arehlteemral D~iEn Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F. 10.01 A ground floor with txansparant storefront glass 23F. 10.02 Upper floors built of brick with windows inserted into the wall 23F. 10.03 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.10.04 The fagade shall be flat, with relief provided by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. Chnptox 2RF' C~nrrnol Drive - Range line Rnad Cnrrldnr Overlay 7nne 6/23/20045/21/2g~4 23F-5 23F.10.05 23F.10.06 23F.10.07 23F.10.08 23F.10.09 23F.10.10 23F. 10.11 The frrst floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the fa:st floor. Buildings must have retail storefronts along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. Every face of the building with frontage on a public street must have openings for windows. Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. Fixed or retractable awnings are permitted if they corr~plement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, colunms, pilasters, or decorative details); do not impair fagade composition; and are designed as an integral part of the fagade. Metal or aluminum awnings are prohibited. Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. Rooflop mechanical and telecomman/cation equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Comm/ssinn. 23F.11 l.and~eaplnE 23F.11.01 23F.11.02 23F. I 1.03 23F. 11.04 23F.11.05 23F.11.06 23F.11.07 23F. I 1.08 23F.11.09 Shade trees shall be planted within the street fight-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fffiy (50) feet, and a minimum of thirty (30) feet. A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and twenty~thirty (~030) shrubs per 100 linear feet. Parking areas shall be completely screened from the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masom'y walls, or combination thereof. Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. The design of fencing, sound wails, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. All landscaping is subject to approval by the Commission. No landscaping which has been Chapter ~q¥: Carmel DHw - RanEe l.ine Rnnd Cnrridnr Overlay Znne 6123120045/21/2~,04 23F-6 23F.11.10 approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/telecommun/cation equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F.12 l.lghfing 23F.12.01 23F.12.02 23F.12.03 23F.12.04 23F.12.05 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that hght is not directed offthe site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the builcVmg height, or twenty-five (25) feet, which ever is less. When light standards abm or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 RiLgnage- 23F. 13.01 23F.13.02 23F.13.03 23F.13.04 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25. 7.02-1 $ shall apply to the Zone. Prohibited signs: A. Ground Signs B. All other signs specified in ~i,. piovlsloi~ hi Section 25.07.01-4: Prohibited Signs. oh,~ll Wall signs are allowed provided that they lii~[ fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet {5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 23F.14 pede~ian Cirmllation 23F. i4.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walk'ways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F. 14.03 SM~,,dk~ ~,~d ~,,dk,-,,~:~oWalkways, ,~h~, ,~djo,.~ ;,~ cu ........ i,~l b~,ildi~i~ should be covered to shelter pedestrians. ,L,.,, ,-,,~iki~,~ ,q,m~ vl,~,.~ ~, el .... Chapter ?'4F: Carmel Drive - Range Line Rn~d Cnrriclnr Overlay 7nn~ 6/23/20045/~1-P200~ 23F-7 23F. 14.04 Neither sidewalks nor walk'ways shall be used by automotive traffic. 23F. 14.05 Pedestrian access shall be coordinated with and provided to adjoining properties 23F.15 ParlcinE 23F.15.01 23F.15.02 23F.15.03 23F.15.04 23F.15.05 23F.15.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section 23F.-I'011.03. Parking space dimensions shaI1 be 9~ x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.16 Prc~dnet M~terlal & R efi~e RtnraEe 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building.; 23F.16.02 Any Accesso~ Buil~g for storage s~: A. Be mc~tec~ally co~afible ~ ~e Pr~cipal bulldog and ~tegrated ~to &e overall site layout. B. Be approved by ~e Co~ssion. 23F.16.03~ ~y Accesso~ Bulldog fur storage ur dispnsal of re,se s~ll: A. Acco~odate w~te ~d recyclable ~tefials, and, if applicable, ~ease or o~er coo~g re,se. B. Be ~lly enclosed except fur doors or gates which me kept closed ~ess loading or ~load~g. C. Be ~c~tec~ally co~afible M~ ~e P~cipal b~l~g ~d ~te~ated ~to ~e overall site layout. D. Be approved by ~e Co~ssinn. 23F.17 Other R eq,,ir~menfS. All other requirements not mentioned m this Section shall remain as stated for that primary zouing classification district mapped. 23F.18 ~qunnet Provininn. This Chapter expires December 31, 2006. Chapter 2'¥fi': Carmel Drive - RanEe i',ine Rnad C~nrridnr Overlay Znne- 6/23/20045/21/2g?,4 23F-8 CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. C~o~mail A?prOVfll Effective Y)ate geafinng Affeated Z- C]hnnter 2qF' Carmel Dr~ve, - Rnnoe T3n~ Rnncl . 23F-9 PROPOSED Carmel Drive - Range Line Road Overlay District Boundaries 6/25/2004 [)RAFT ZONING ORDINANCE CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00 Carmel Drive - R~nge Iine Road Overlay Zone. 23F.00.01 purpose Intent and Amhority. The purpose of this overlay zone is to allow for the establishment of a more fully integrated mixed-use pedestrian oriented district that is safe and attractive ottering a range of activities and opportunities to all segments of society. It is the intent of this zone to provide a consistent urban design treatment for properties in th~ central cityCarmel; to provide opportunities for investment; to minimize suburban sprawl and infrastructure costs; 7-to enhance the aesthetic qualities of th~.~ [,,,~,~,ti,..property, and to protect the health and safety of property owners and citizens. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone. 23F.00.99 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 Conmfission, in establishing this zone, is relying on I.C. 36-7-4-1400 et seq. A. Development Plan. See Section 24.##: Development Plan. B. Architectural Deai?.n? Exterior I.ightinEr l,andnea_nin?_ and ~qignage (ADI.~q). See Section 24.##: ,4rchitectural Design, Exterior Lighting, Landscaping and Signage (ADLS). 23F.01 District l~mmdaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F.01.01 Carmel Drive. The District shall affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive to the west. 23F.01.02 Range Line Road. The District shall affect all parcels of land that abut Range Line Road between 116th Street to the south and 1 st Street South, to the north. 23F.01.03 Parcels ~ui~d in the C-U-City Center;, and C-2/-Old Town Districts shall be exempt from the requirements of the Zone. 23F.02 Plan Commission Approval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone. th,~t i~ to 23F.02.02 ~, A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. II ...... , ,~A DP shall i~,t be required for additions or modifications to existing structures which exceed either of the following: A. Thirty-five percent (35%) of the original gross floor area of the existing structure, Chapter 23F: Carmel Drive - Range 1 ine Road Corridor Overlay 7nne 6/23/20045/21/2g?,4 23F-1 DRAFT ZONING ORD[NAN( E 23F.02.03 applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. be ucv,-~,l-,~-u Archflectural I')e~ign. Exterior l.ighting, l.and~ea_ning and .glgnage. The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, pursuant to Section 23F.08 through Section 23F.16, and such approvals shall be necessary prior to: A. The establishment of any use of land; B. The issuance of any Improvement Location Permit; C. The erection, reconstruction or Structural Alteration of any building(s) in the Zone; or D. Any changes in site improvements. 23F.02.04 Zoning Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall he subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under lC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted Uaes. See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted, however, it shall not comprise more than fifty percent (50%) of a project's gross floor area. 23F.04 ~qpeeialllses:Pr,dhihitedN~e~ SeeAppendixA-ScheduleofUses. Chapter ?'~F: Carmel Drive - Range I Joe Road Corridor Overlay Zone 6/23/20045/21/2984 23F-2 DRAFt ZONING ORDINANCE 23F.04.01 23F.04.02 23F.3.1 23F.3.2 237.3.3 23F.3.4 23F.3.5 23F.3.6 23F.3.7 23F.3.g 23F.3.9 23F.3.10 23F.04.03 23F.04.04 23F.04.05 ~q.neeial likes. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone. In addition, any Use of a Building, land or premises existing at the time of the passage of this Chapter which does not conform to all of the applicable provisions of this Chapter but which otherwise does conform to all of the applicable provisions of the Carmel Clay Zoning Ordinance, including the underlying zoning district(s), shall be treated as a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. Prohibited Ilsen. A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A All ............ Restoration after Denlruefion of Bnildln~. Nothing in this Chapter shall prevent the restoration of a building or structure destroyed less than ninety percent (90%) of its market value at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Per,t, with the fees waived for the restoration of a building or structure destroyed less than ninety percent (90%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Location Petit and payment of fees. Que~fionn ~o Be Decided hy Board of 7aning Appealn_ In circumstances where there is question whether or not a Use should be treated as a Special Use or a Prohibited Use pursuant to this Section, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the Rules of Procedure of the Board. ll~rnat~ Proeednre for Special linen in the Overlay 7~ne. Chapter 23F: Carmel Drive Range l.ine Road Cnrriclor Overlay Znne 6/23/20045/21/2094 23F-3 DILAF'I ZONING OKDINANCE A. Pursuant to Section 30.08.01 and I.C. 36-7-4-923, the Commission has previously established the position of Hearing Officer. In addition to the powers granted under Section 30.08.02, a Hearing Officer shall have the power of the Board to approve or deny a special use under this Chapter, in accordance with I.C. 36-7-4-918.2. Except as provided in this Section 23F.03, all procedural requirements for Special Uses imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by I.C. 36-7-4-900 et seq. apply generally to the Hearing Officer and the alternate procedure. Specifically, the provisions of I.e. 36-7-4-920(g) regulating communication with any member of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Ollieer before the hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. B. After the Director has formally accepted any Special Use application as complete and in legal compliance, the Director shall, if the Director determines that the application concerns a Special Use as described in Section 23F.03.01 above, place the matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's agenda. C. The Director may, not less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a Special Use by the Hearing Officer if specified Conditions are attached. If the applicant does not accept these Conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. D. Following the hearing of a Special Use application under the alternate procedure, a Hearing Officer may impose Conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in I.C. 36-7-4-921 and the Rules of Procedure of the Board. If the applicant for the Special Use fails to accept these Conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any Commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Only the Board itself may modify such a Commitment. E. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board within fourteen (14) days after the decision is made, as provided in I.C. 36-7-4- 924. 23F.05 l~uilding Sethack~ 23F0501 ........ " '' " · ·'~ ''~' A. Minimum: ,qv~ (5) ,%,~Zero (0) feet B. Maximum: ten (10) feet arC. Up to ~,¢fi~y-thirty-percent (~030%) of thc front faqade may be recessed up ;u itu (I0) feet, for entrances and outdoor seating;-; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. 23F.05.02 ,qide and Rear ,qethack~ There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. Cha,mer ?'~F: Carmel Drive - Range l,ine Road Corridnr Overlay 7nne 6/23/20045/21/2gg4 23F-4 DRAF[ ZONING ORDINANCE 23F.06 bhfilding Orientation 23F.06.01 Every parcel with frontage on C,m,,~l D, iw ,~,,d,',,L R,~,,g¢ Li,,,. R,,,~d a public street must have a building that fronts on those streets. ' - 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and other similar features, as determined by the Commission. 23F.06.042 Additional buildings may be built in the rear of the properly. 23F.06.053 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.064 The primary entrance must be readily apparent as a prominent architectural feature and visible l¥om the street. 23F.07 I~uilding l-leight 23F.07.01 Principal Buildings must be-have at least two floors of occupiable space. 23F.07.02 23F.07.03 The second and higher floors must be at least fifty pcrcent (50%) the size of the building footprint and must be oriented to the l¥ont of thc building such that its front line is equal to that of thc first floor. Minimum height: twenty-six (26) feet Maximum height: A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family residential zone. B. fif~yFifty-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Builcling Footprint 23F.08.01 Minimum: 5000 square feet. 23F.08.02 Maximum: 20,000 square feet. 23:F.09 C, on~truction Mnteri,ql~ 23F.09.01 Principal Buildings must be faced on front and sides with brick or stone and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building facade materials may vary, however, its material colors and composition must be coordinated with the front and side facades. 23F.10 Architectural Design. Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F. 10.01 A ground floor with transparent storefront glass 23F. 10.02 Upper floors built of brick with windows inserted into the wall 23F. 10.03 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F. 10.04 The fafade shall be flat, with relief provided by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. Cha?er 23F: Carmel Drive Range Iine Rnad Cnrrirtnr Overlay Znne 6/23/20045/21/2gg4 23F-5 DKAFT ZON lNG ORDINANCE 23I:.10.05 23F.10.06 23F.10.07 23F.10.08 23F.10.09 23F.10.10 23F.10.11 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. Buildings must have retail storefronts along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. Every face of the building with frontage on a public street must have openings for windows. Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. Fixed or retractable awnings are permilted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair fariade composition; and are designed as an integral part of the faCade. Metal or aluminum awnings are prohibited. Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. 23F.11 I and~capinS 23F.11.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F. 11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and ~,~,i;.y thirty (2030) shrubs per 100 linear feet. 23F.11.03 Parking areas shall be completely screened from the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masonry walls, or combination thereof. 23F. 11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F. 11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F. 11.06 Sites with existing tzees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F.11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. 23F. 11.08 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 23F.11.09 All landscaping is subject to approval by the Commission. No landscaping which has been Chapter 2'~F: Carmel Drive Range line Road Corridor Overlay Zone 6/23/2004~,/21/2g~,4 23F-6 DRAFI' ZONING ORDINANCE 23F.11.10 approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the ConUmssion. 23F.12 I iEhting. 23F.12.01 23F.12.02 23F.12.03 23F.12.04 23F.12.05 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 Signage. 23F.13.01 23F.13.02 23F.13.03 23F.13.04 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.7. 02-13 shall apply to the Zone. Prohibited signs: A. Ground Signs B. All other signs specified in 'i'h~ [,~,vi~i~,.~ iii Section 25.07.01-4: Prohibited Signs. ~h,dl Wall signs are allowed provided that they iiifis[ fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 231;.14 Pefle~trian Circulation 23F. 14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F 14 03 "' ...... Walkways 1 " ........ sho Id be ed to shelter pedestrians. ~,,c,, Chapter 2:~V: Carmel Drive - Range l.ine Road Corridor Overlay Zone 6/23/20045/21/2gg4 23F-7 DRAFT ZONING ORDINANCE 23F. 14.04 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 14.05 Pedestrian access shall be coordinated with and provided to adjoining properties 23F.15 parking 23F. 15.01 23F.15.02 23F.15.03 23F.15.04 23F.15.05 23F.15.06 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section 23F.~011.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Bicycle parking shall be provided, one space per I00 feet of street frontage. 23F.16 pmdnct Material R~ Retiree Storage 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building.; 23F. 16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. 23F.16.03-2 Any Accessory Building for storage or disposal of refuse shalh A. Acconmaodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the commission. 23F.17 Other R eqnirement~. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F.18 ~unset Prnvi~inn. This Chapter expires December 31, 2006. Chapter 2'~F: Carmel Drive - Range line Road Corridor Overlay 7rme 6/23/20045/21/2004 23F-8 DP.A[:/ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Cnnncil Annrnval l~ffective Date ~qectinn~ Affected Z- Chapter ~F: Carmel Drive - Ramge line Road Cnrridnr Overlay 7nne 6/23/20045/21/2004 23F-9 CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00 Carmel Drivo- RanEe l.ine Road Dverlay Znne 23F.00.01 Pnrpo~e: Intent and Authority The pmpose of this overlay zone is to allow for the establishment of a more fully integrated mixed-use pedestrian oriented district that is safe and attractive offering a range of activities and opportunities to all segments of society. It is the intent of this zone to provide a consistent urban design treatment for properties in thy central c/tyCarmel; to provide opportunities for investment; to minimize suburban sprawl and infrastructure costs; ,-to enhance the aesthetic qualities of ;L**~ v,,~v~dlcaproperty, and to protect the health and safety of property owners and citizens. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone. 23E.00.99 This district is superimposed over the other p6anary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. The Plan Cmmaxission, ha establishing this zone, is relying on I.C. 36-7-4-1400 et seq. Annlication Prneednre. A. Development Plan. See Section 24. gg: Development Plan. B. Architectural D~giEn: Exterior l,i_~htln_~: l,andnea.nlnE and gi_ona_~ (ADI..R), See Section 24.##: Architectural Design, Exterior .Lighting, Landscaping and Signage (AD£S). 23F.01 Dietrint Rnlmclarie~ The boundaries of the Cannel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F.01.01 Carmel Drive. The District shall affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive to the west. 23F.01.02 Range Line Road. The District shall affect all parcels of land that abut Range Line Road between 116th Street to the south and 1st Street South, to the north. 23F.01.03 Parcels z,,,,,~d in the C-l/City Center;, and C-2/-Old Town Districts shall be exempt from the requirements of the Zone. 23F.02 Plan (2nmmin~ion Apl?OVal 23F.02.01 The Plan Coumxission must approve, approve with conditions, or disapprove the Development Plau (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land ia the Carmel Drive - Range Line Road Corridor Overlay Zone. ;'..o[ i~ ;o 23F.02.02 Develo.nment Plan. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. ,~,~,*,, ~A DP shall ~, oe requured for additions o modifications to existing sU'uctures which exceed either of the following: A. Thirty-live percent (35%) of the original gross floor area of the existing structure, C:hapter ?'{F' Cnrmel Drive - Range l.ine Road Corridor Overlay Zone 6/22/04 23F-I 23F.02.03 applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. b~ d~.uy~d. Arehitectural De~i_on. F, xterinr LiEhfln_o- [,andnea.nln_o and Ri_ona_oe. The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parkiug and site circulation, pursuant to Section 23F.08 through Section 23F.16, and such approvals shall be necessary prior to: A. Tbe establishment of any use of land; B. The issuance of any hnprovement Location Permit; C. The erection, reconstruction or Structural Alteration of any building(s) in the Zone; D. Any cbanges in site improvements. 23F.02.04 Zoning Waiver. Tile Commission may, after a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and neigbborhoods. B. Tbe proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and sball not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. C. The proposal shall exhibit extraordinary site design characteristics, including, but not lilnited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgmeut, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted I~ses. See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted, however, it shall not comprise more than fifty percent (50%) of a project's gross floor area. 23F.04 ,qpeeial IIsen: Prnhihlted ll~es See Appendix A- Schedule of Uses. C. hapter ?'~F' Carmel Drive. - Range T,ine Rnad {2nrrldnr Overlay 7nne 6/22/04 23F-2 23F.04.01 23F.04.02 23F.3.1 231".3.2 23F.3.3 23F.3.4 23F.3.5 23F.3.6 23F.3.7 23F.3.8 231~.3.9 23F.3.1C, 23F.04.03 23F.04.04 23F.04.05 ~peeial Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone. In addition, any Use of a Building, land or premises existing at the time of the passage of this Chapter which does not conform to all of the applicable provisions of this Chapter but which otherwise does conform to all of the applicable provisions of the Carmel Clay Zoning Ordinance, including the underlying zoning district(s), shall be treated as n Special Use under this Chapter. Such Uses shall not be considered legal nonconfor~ng uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. prohibited I~ses. Automobile, Truc~ ~oat~ Mobile ~ome~ Manufactured ~ousing or RV Sales. Sexually Oriented ~usinesses C. ~11 Industrial Uses in Appendix A Lu,ii'oei' or B,i~k Ail l,,d~,sMal Us~ i,, Apw,,di~ A restoration attar Degtruetinn of guildino. Nothing in this Chapter shall prevent the restoration of a building or structure destroyed less thau niuety perceut {90%) of its market value at the time of such destruction (exclusive of the value of the loO by explosion, fire, flood, earthquake, windstor~ act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall preveot the continuance of the use, except an illegal nonconfor~ng use, of such building, structure or part tbereo[ as such use existed at the time of such impairment of such building, structure or part thereot All such restoration and construction shall be subject to the obtaining of an Improvement Location Per.t, with the fees waived for the restoration of a buildiug or structure destroyed less than nine~ percent (90%) and restored according to its state of existence prior to destruction, All restorations resulting in a divergence fi'om original plans or restoring a building or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Location Petit and paymeut of fees. Q.esfinns 1o Re Decided by Rnard of ZnninE Appeals. In circumstances where tbere is question whether or not a Use should be treated as a Special Use or a Prohibited Use pursuant to this Section, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the Rules of Procedure of the Board. Alternate Procedm'e thr Special ll~e~ in the Overlay 7~ne. Ch.q?er 2gF' Cra'mai Drive - R~qn? Tine Rnad Corridor Overlay 7nne 6/22/04 23F-3 A. Pursuant to Section 30.08.01 and l.C. 36-7-4-923, the Commission has previously established the position of Hearing Officer. In addition to the powers granted under Section 30.08.02, a Hearing Officer shall have the power of the Board to approve or deoy a special use tinder this Chapter, in accordance with I.C. 36-7-4-918.2. Except as provided in this Section 23F.03, all procedural requirements for Special Uses imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by I.C. 36-7-4-900 et seq. apply generally to the Hearing Officer and the alternate procedure. Specifically, the provisions of I.C. 36-7-4-920(g) regulating eommtmication with any member of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Heariug Officer before the hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. B. After the Director has formally accepted any Special Use application as complete and in legal compliance, the Director shall, if the Director determines that the application concerns a Special Use as described in Section 23F.03.01 above, place the matter upon a Heariug Officer's agenda instead of placing the matter upon the Board's agenda. C. The Director may, not less than five (5) days before a hearing before a Hearing Oflicer, indicate that he or she does not object to the approval of a Special Use by the Hearing Officer if specified Conditions are attached. If the applicant does not accept these Conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. D. Following the heatlog of a Special Use application under the alternate procedure, a Hearing Officer may impose Conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in I.C. 36-7-4-921 and the Rules of Procedure of the Board. If the applicant for the Special Use fails to accept these Conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the ageuda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any Commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Only tb_e Board itself may modify such a Coumfitment. E. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board within fourteen (14) days after the decision is made, as provided in I.C. 36-7-4- 924. 23F.05 g~nilcllnE A. Minimum: fi~ (5) fcc~Zero (0) feet B. Maximum: ten (10) feet arC. Up to t~¢nty-thirty-percent ('2030%) of the front fa~:ade may be recessed up f~¢t, for entrances and outdoor seating;-; however, no entrance shall be recessed more than teu (10) feet, and no outdoor seating area shall be recessed more than twenty (20) I~et, subject to Comar~ission approval. 23F.05.02 Ride n,~cl Rea,' Rethn~lc~ There are no minimum side or rear setbaclcs; however, no buildings or other penn,anent improvement shall encroach into required landscape areas. 23F-4 23F.06 pdlildin~ Orientatinn 23F.06.01 Every parcel with frontage on C ...... 1D,i,~ ,~,d,'v, R~ag¢ Li,~. R~,,~d a public street must have a building that fronts on those streets, a~,d 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and other similar features, as determined by the Commission. 23F.06.04-2- Additiooal buildings may be built in the rear of the property. 23F.06.053' All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.064 The primary entrance urn. cst be readily apparent as a prominent architectural feature and visible from the street. 23F.07 Building lqeight 23F.07.01 Principal Buildings must bt-have at least two floors of occupiable space. The second and higher floors must be at least fifty percent (50%) the stze of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. 23F.07.02 Minimum height: twenty-six (26) feet 23F.07.03 Maximum height: A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family residential zone. B. fi2;,Fifty-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Footprinl 23F.08.01 Mininrum: 5000 square feet. 23F.08.02 Maxhrmm: 20,000 square feet. 237F.09 Cnn~t~ ct nn Materiak 23F.09.01 Principal Buildings must be faced on fi'out and sides with brick or stone and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear buildiug faCade materials may vary, however, its material colors and composition must be coordinated with the front and side fa(;ades. 23F.10 Arehiteetm'al Dedgn Buildings in the Zone nrust be built as multi-story commercial storefront types, whose characteristics include: 23F.10.01 A gronud floor with transparent storefront glass 23F. 10.02 Upper floors built of brick with windows inserted into the wall 23F. 10.03 A distinct cornice line at tbe top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.10.04 The facade shall be flat, with relief provided by windows and surrounds, storefronts, doors, and features such as special brick eom'sing, pilasters and lintels. Cbapt~'r ?~F' Carmel Drive - Range T.ine Road [2nrridor Overlay 71~ne 6/22/04 23F-5 23F.10.05 23F.10.06 23F.10.07 23F.10.08 23F.10.09 23F.10.10 23F.10.11 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment ofnpper floor windows and other features with openings and features of the first floor. Buildings must have retail storefronts along the public street front of the fn:st floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. Every face of the building with frontage on a public street must have openings for windows. Large expanses of glass are allowed, but the building may not be constructed entirely ora metal and glass curtain wall. Fixed or retractable awuings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, colunms, pilasters, or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal or aluminum aw~fings are prohibited. Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. Rooftop mechauical and teleconm~unication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. 23F.11 l,avcl~caping 23F.11.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F.11.02 A five-foot (5') wide planting strip shall be provided, along the sides and rear of all parking areas. The minimum plaming shall include two (2) shade trees and twent3,-thirty (~O30) shmbs per 100 linear feet. 23F.11.03 Parking areas shall be completely screened from the stxeet right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masonry walls, or combination thereof. 23F. 11.04 Shade trees shall be planted within parkh~g areas greater than 10,000 square feet. There shall be planted oue (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F.11.05 The design of fencing, sotu~d wails, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F. 11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger aod located within the required yard/setback areas. 23F. 11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Departmant. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. 23F.11.08 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 23F.! 1.09 All landscaping is subject to approval by the Commission. No landscaping which has been Chapter 21F' C,qrmel Drive - R~ge I ine Rnad C~nrr~dnr Clverlay 7,~ne 6/22/04 23F-6 23F.11.10 approved by the Plan Commission may later be substantially ahered, eliminated or sacrificed without first obtaining fm'tber Plan Conuuission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Ground level mechanical/teleconununication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commissiom 23F.i2 I ightlng 23F.12.01 23F.12.02 23F.12.03 23F. 12.04 23F.12.05 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hnndred (i00) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed offthe site and the light sotu'ce is slfielded front direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fix'rares. The nraxiurum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 gignage 23F.13.01 23F.13.02 23F.13.03 23F.13.04 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Camael, Section 2.5.7.02-13 shall apply to the Zone. Prohibited signs: A. Grouud Signs B. All other signs specified iii ~i~ lo,,ovi~i~.,~ ~i Section 25.07.01-4: Prohibited Signs. a~ply. Wall signs are allowed provided that they i,,,~t fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sigtt Ordhtance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located ftve (5) feet from the right-of-way for purposes of applyiog Sign Chart A to determine the allowable sign area. 23F.14 ped~h'im~ Cireulntim~ 23F. 14.01 Sidewalks along public streets sball be a minimum of eight (8) feet in width. 23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the m/nimunr width for walkways shall be six (6) feet. 23F.14.03 Sid,.,,,Ik~ ,,d ,,,dk~,a;,sWalkways, ,~1,~,, adjac,.,,; ~,, ,.,,~ ....... i,d b,,ildi,,~ should be covered to shelter pedestrians. M~, walkhlg, Chapter ? ~F' Cnrmel Driw - Rnnge line Rnarl Cnrridnr Overlay 7nne 6/22/04 23F-7 23F. 14.04 Neither sidewalks nor walkways shall be used by automotive ~raffic. 23F. 14.05 Pedestrian access shall be coordinated with and provided to adjoizfing properties 23F.15 Parking 23F.15.01 23F.15.02 23F.15.03 23F.15.04 23F.15.05 23F. 15~06 Parking areas shall be setback not less tl~an six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per Section 23F.~011.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parkiug lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Paths within parking lots of more than three rows shall be designated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Bicycle parking shall be provided, one space per 100 feet of sheet ~ontage. 23F.16 Product Material & Refil~ Rtomge 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building.; 23F. 16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. 23F. 16.03~ Any Accessory Building for storage or disposal of refuse shall: A. Accoumaodate waste and recyclable materials, and, if applicable, grease or other cooking refnse. B. Be fully euclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Conm~ission. 23F.17 Other R~ql,lr~menta All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F.18 gnnn~t Prnvlsion. This Chapter expires December 31, 2006. C,l~a.nter ?gF' C'm'mel Drive - Rnl~Ee Iine Road Corridnr Overlay 7.nn~ 6/22/04 23F-8 CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Council A??'nval ~6eecfiv~ Date Z- Chapter ?%F: Carmel Drive - Rnnge 1 ine Road Corridor (~v~rlay Tone 6/22/04 23F-9 DRAFf ZONING ORDINANCE CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE 23F.00 C'arrael Drive Range I ine Road Overlay Zone 23F.00.01 Purpose. lnten! and Authority. The purpose of this overlay zone is to allow for the establishment of a more fully integrated mixed-use pedestrian oriented district that is safe and attractive offering a range of activities and opportunities to all segments of society. It is the intent of this zone to provide a consistent urban design treatment for properties in the central G;yCarmel; to provide opportunities for investment; to minimize suburban sprawl and infrastructure costs; ;-to enhance the aesthetic qualities of th,.=,. ~,Lm,~,;.i~=property, and to protect the health and safety of property owners and citizens. Further, it is the intent of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and Design, acting as a transition until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone. 23F.00.99 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 Commission, in establishing this zone, is relying on I.C. 36-7-4-1400 et seq. (umendedper Z- 365-01) Ap?lieutinn Proeodnre, A. I)evelapment Plan. See Section 24.##: Development Plan. B. Architectural Design. Exterior Lighting: Landne~pin~o and SiEnaEe (A1)L~. See Section 24.##: Architectural Design, Exterior Lighting, Landscaping and Signage (~OLS). 23F.01 District I~nundaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F.01.01 Carmel Drive. The District shall affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive to the west. 23F.01.02 Range Line Road. The District shall affect all parcels of land that abut Range Line Road between 116th Street to the south and 1st Street South, to the north. 23F.01.03 Parcels zoned C-I City Center, and C-2 Old Town shall be exempt from the requirements of the Zone. 23F.02 Plan Cnrnmisslon Approval 23F.02.01 The Plan ConmUssion must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone. 23F.02.02 A public hearing shall be held by the ConUmssion before it decides whether to approve or disapprove a DP. 11,,~,, ,:A DP shall iio[ be required for additions or modifications to existing structures which exceed the lesser of the following: A. Thirty-five percent (35%) of the original gross floor area of the existing structure, Chanter. 23F: Carmel Drive - Ram,e_ line Road Corridor Overlay Zone 5/21/2004 23F-1 DRAFT ZONING ORDINANCE 23F.02.03 23F.02.04 applicable from the date of this ordinance, or B. Five thousand (5,000) square feet. Architectural Oe~i~on_ Exterior l~i_ohtin_o. I,and~ca.nin~ and ~i~na~e4 The Commission shall review and approve or approve with conditions the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, pursuant to Section 23F.08 through Section 23F.16, and such approvals shall be necessary prior to: A. The establishment of any use of land; B. The issuance of any Improvement Location Permit; C. The erection, reconstruction or Structural Alteration of any building(s) in the Zone; D. Any changes in site improvements. The Commission may, after a public hearing, grant a Zoning Waiver of certain Development Requirements of this Chapter, so noted within. Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Development Plan or the District, and shall not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. C. The proposal shall exhibit extraordinary site design characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted llsea. See Appendix A - Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone 23F.03.02 Residential uses are permitted, however, it shall not comprise more than fifty percent (50%) of a project's gross floor area. 23F.04 ~q.neeial ll~e~: Prnhihited I l~e~. See Appendix A Schedule of Uses. Cha?er 2:iF: Carmel Drive - Range I Jne Road Corridor Overlay 7nne 5/21/2004 23F-2 DRAFT ZONING ORDINANCE 23F.04.01 23F.04.02 23F.3.1 23F.3.2 23F.3.3 237.3.4 23F.3.5 23F.3.6 23F.3.7 23F.3.g 23F.3.9 23F.3.1~ 23F.04.03 23F.04.04 23F.04.05 All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone. In addition, any Use of a Building, land or premises existing at the time of the passage of this Chapter which does not conform to all of the applicable provisions of this Chapter but which otherwise does conform to all of the applicable provisions of the Carmel Clay Zoning Ordinance, including the underlying zoning district(s), shall be treated as a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. Prohibited Ilse~. A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or R¥ Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A Gaah, EI~ vato,' Restoration after Destruction of Building. Nothing in this Chapter shall prevent the restoration of a building or structure destroyed less than ninety percent (90%) of its market value at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than ninety percent (90%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed ninety percent (90%) or more shall be subject to obtaining an Improvement Location Permit and payment of fees. Questions tn Be Decided hy lloard of 7,nnin~o Ap.n~al~. In circumstances where there is question whether or not a Use should be treated as a Special Use or a Prohibited Use pursuant to this Section, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the Rules of Procedure of the Board. Alternate Procedure for ~q_necial Uses in the Overlay 7~ne. Chapter 23F: Carmel Drive Range Iine Rnad Cnrridnr Overlay Znn~ 5/21/2004 23F-3 DRAFr ZONING OI~.DINANCE A. Pursuant to Section 30.08.01 and I.C. 36-7-4-923, the Commission has previously established the position of Hearing Officer. In addition to the powers granted under Section 30.08.02, a Hearing Officer shall have the power of the Board to approve or deny a special use under this Chapter, in accordance with I.C. 36-7-4-918.2. Except as provided in this Section 23F.03, all procedural requirements for Special Uses imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by I.C. 36-7-4-900 et seq. apply generally to the Hearing Officer and the alternate procedure. Specifically, the provisions of I.C. 36-7-4-920(g) regulating communication with any me~nber of the Board shall be construed to prohibit communication by any person (other than the staff as permitted by law) with a Hearing Officer before the hearing with intent to influence the Hearing Officer's action on a matter pending before him or her. B. After the Director has formally accepted any Special Use application as complete and in legal compliance, the Director shall, if the Director determines that the application concerns a Special Use as described in Section 23F.03.01 above, place the matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's agenda. C. The Director may, not less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a Special Use by the Hearing Officer if specified Conditions are attached. If the applicant does not accept these Conditions, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. D. Following the hearing of a Special Use application under the alternate procedure, a Hearing Officer may impose Conditions and may permit or require the owner of a parcel of property to make a written Commitment concerning the use or development of that parcel, as provided in I.C. 36-7-4-921 and the Rules of Procedure of the Board. If the applicant for the Special Use fails to accept these Conditions or fails to make the Commitment, the application shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested by the applicant. The Hearing Officer may not modify or terminate any Commitment, whether made under the alternate procedure or pursuant to an approval by the Board. Only the Board itself may modify such a commatment. E. A decision of a Hearing Officer may not be a basis for judicial review, but it may be appealed to the Board. The Board shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board within fourteen (14) days after the decision is made, as provided in I.C. 36-7-4- 924. 23F.05 Fhfilding ,qetbackx 23F.05.01 Front Setback Range Line Road and Carmel Drive A. Minimum: five (5) feet B. Maximum: ten (10) feet arC. Up to twenty4orty-percent (~040%) of the front fagade may be recessed up to ;¢ii(10) ,%~i, for entrances and outdoor seating;-; however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to commission approval. 23F.05.02 Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 23F.05.03 Zoning Waiver. The applicant may apply for a Zoning Waiver of the dimensional and Chanter 23F: Carmel Drive - Ran ,e line Re, art tTnrridar Overlay 7nne 5/21/2004 23F-4 DIDkFT ZONING ORDINANCE quantitative standards of this Section, by not greater than thirty-five percent (35%), consistent with requirements set forth in Section 23F.02.04. 23F.06 Rnilding C)rienlation 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets, aiid .... lay a 23F.06.02 Except for those lots with 120 feet or less of frontage, every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that occupies a minimum of 70% of that frontage. 23F.06.03~ Additional buildings may be built in the rear of the property. 23F.06.043 AIl Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.054 The primary enh-ance must be readily apparent as a prominent architectural feature and visible from the street. 23F.07 Vhfilding lq'eight 23F.07.0 l Principal Buildings must be at least two floors of occupiable space. 23F.07.02 Minimum height: twenty-six (26) feet 23F.07.03 Maximum height: fifty-five (55) feet, or five (5) stories, whichever is greater. 23F.08 RHilding Fno.mrint 23F.08.01 Minimum: 5000 square feet. 23F.08.02 Maximum: 20,000 square feet. 23:F.09 Cnngtnmtinn Materinlg 23F.09.01 Principal Buildings must be faced on front and sides with brick or stone and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.09.02 Rear building facade materials may vary, however, its material colors and composition must be coordinated with the front and side fa~:ades. 23F. 10 Architectural Degign Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F. 10.01 A ground floor with transparent storefront glass 23F.10.02 Upper floors built of brick with windows inserted into the wall 23F. 10.03 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optionak 23F.09.04 The fagade shall be flat, with relief provided by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F.10.05 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F.10.06 Buildings must have retail storefronts along the public street front of the first floor of the Chapter 22F' Carmel Drive - Range line Road Corridor Overlay Znne 5/21/2004 23F-5 DRA[:I ZONING ORDINANCE 23F.10.07 23F.10.08 23FA0.09 23F.10.10 23F.10.11 building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. Every face of the building with frontage on a public street must have openings for windows. Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details: do not conceal architectural features (such as cornices, columns, pilasters, or decorative details)~ do not impair facade composition; and are designed as an integral part of the fagade. Metal or aluminum awnings are prohibited. Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. 23F. I 1 l.and~caping 23F.I1.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F.11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and twenty (20) shrubs per 100 linear feet. 23F.11.03 Parking areas shall be completely screened from the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masomy walls, or combination thereof. 23F.11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F. 11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F. 11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F.11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. 23F. I 1.08 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 23F. 11.09 No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to confoma to specific site conditions. Chapter 23F: Carmel Drive - Range Iine Rnad Corridor Overlay Zcmo 5/21/2004 23F-6 DRAFT ZONING ORDINANCE 23F.11.10 Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission, 23F.12 l,ighting 23F.12.01 23F.12.02 23F.12.03 23F. 12.04 23F.12.05 Street lighting shall be provided as part of all projects, on both sides of the sixeet when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall w/thin ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 Slignage 23F.13.01 23F.13.02 23F.13.03 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.7.02-13 shall apply to the Zone. Prohibited signs: The provisions in Section 25.07.01-4 shall apply. Wall signs must fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. 23F.14 Pede~trlan Circulation 23F. 14.01 Sidewalks along public streets shall be eight (8) feet in width. 23F.14.02 Walkways shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F.14.03 Sidewalks and walkways, when adjacent to commercial buildings should be covered to shelter pedestrians when walking from place to place. 23F. 14.04 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 14.05 Pedestrian access shall be coordinated with and provided to adjoining properties 23F.15 Parking. 23F.15.01 23F.15.02 23F.15.03 23F.15.04 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. Parking areas shall be located at the rear or side of buildings, and screened per 23.10.3. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. Chapter 2'{F' Carmel Drive Range Iine Rnad Corridor Overlay 7nne 5/21/2004 23F-7 DKAFT ZONING ORDINANCE 23F. 15.05 Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.16 Product Material & Retiree Rtorage 23F.16.01 Material or product storage shall occur within the Principal building or an Accessory building, unless otherwise directed in other areas of this ordinance. 23F. 16.02 Any Accessory Building for storage shall: A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. 23F. 16.03~- Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. 23F. 17 Other R eqnlrement~, All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. 23F.18 .~un~et Prr~vi~ian~ This Chapter expires December 31, 2006. Chapter 23F: Carmel Drive Range Iine Road Corridor Overlay Znne $/21/2004 23F-8 DKAFI ZONING ORD[NANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Cnnncil A~nrnval Effective Date gee/inn~ A ffeclecl Z- Chapter 23F: Carmel Drive Range line Roacl Cnrriclnr Overlay Zone 5/21/2004 23F-9 CITY OF CARMEL JAMES BRAINARD, MAYOR MEMORANDUM Date: February 27, 2004 To: Carmel Plan Commission Subdivision Committee From: Mike Hollibau Dept. of Community Services Copy: Mo Merhoff, Carmel Clay Chamber of Commerce Re: Cannel Drive- Range Line Road Overlay Zone Dratl Ordinance Attached for your review are amended Drafts, in both clean-draft and black-line and forms to assist with your understanding of the "first round" modifications. Many of the modifications come as a result of public input, written and fi:om phone calls to the Department fi:om interested property owners. Copies of written comments are also included with this memo. This modified draft is by no means considered perfect, but an incremental step toward a final ordinance that makes sense as a framework for growth and change in this area. We look forward to working through the important issues and concerns at the March 2 Subdivision Committee meeting. DEP^RTMENT OF COMMUNITY SERVICES ON~ OvTc SQU^RE, C^Rr,4EL, IN 46032 PHONE 317.571.2417, F^X 317.571.2426 MICHAEL P. HOLLIBAUGH, DIRECTOR DRAFF ZONING ORDINANCE CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGELINE ROAD CORRIDOR - OVERLAY ZONE 23F.0 Carmel Drive - Ranoe I ine Road Overlay Znne. 23F.0.1 Piirpn~e latent and Aarhr, rity The purpose of this zone is to provide consistent design treatment for properties in the central city, to enhance the aesthetic qualities of these properties, and to protect the health and safety of 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 Commission, in establishing this zone, is relyingonI.C. 36-7-4-1400 et seq. (amended per Z-365-Ol ) 23F.1 Di~trlnt Ylntmdarlen The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F.1.1 Carmel Drive. The District shall affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive to the west. 23F. 1.2 Range Line Road The District shall affect all parcels of land that abut Range Line Road between 116a' Street to the south and 1st Street South, to the north. 23F.1.3 Parcels zoned C- 1 City Center, and C-2 Old Town shall be exempt from the requirements of the Zone. 23F.2Plan Cnrnrni~ion ApprnvM. 23F.2.1 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Carmel Drive - Range Line Road Overlay Zone that is to be developed for commercial purposes or as a Planned Unit Development. 23F.2.2 A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. However, a DP shall not be required for additions to existing structures which: a. Are attached to the existing structure and continue the architectural design of the existing structure, including exterior color and materials; doors, windows and other detailing; and, b. Do not exceed twenty percent (20%) of the original gross floor area of the existing structure, applicable from the date of this ordinance. 23F.2.3 Plan Commission approval of the Architecture, Landscaping Plan, Lighting Plan, and Signage (ADLS) is required prior to issuance of an Improvement Location Permit. If a parcel is located both inside and outside of the Zone, ADLS approval is required for the entire parcel to be developed. ?,3F 3 Prohibited lT~en See Appendix A - Schedule of Uses. 23F.3.1 Automobile, Track, Boat, Mobile Home, Manufactured Housing or RV Sales. 23F.3.2 Lumber or Brick Yard Chapter ?qP: Carmel Drive - Range l,lne Re, ad Overlay Zone 2/27/2004 23F-1 DR A~'T ZONING ORDINANCE 23F.3.3 23F.3.4 23F.3.5 23F.3.6 23F.3.7 23F.3.8 23F.3.9 23F.3.10 Shooting Range or Gallery Sexually Oriented Businesses Disposal of Radioactive Materials Sanitary Landfill Grain Elevator Junk or Salvage Yard Penal or Correctional Institution All Industrial Uses in Appendix A 23F.4 gnildin~ .qetbaek~ 23F4.1 Front Setback - Range Line Road and Carmel Drive a. Minimum:five (5) feet b. Maximum: ten (10) feet a. Up to twenty-percent (20%) of the front faqade may be recessed up to ten (10) feet, for entrances and outdoor seating, subject to Commission approval 23F.4.2 Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 23F.5 ghfilding Orientatian. 23F.5. I Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets and occupy a minimum of 70% of that frontage. 23F.5.2 Additional buildings may be built in the rear of the property. 23F.5.3 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.5.4 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. 23F.6 Bililding Height. 23F.61 23F.6.2 23F.6.3 Principal Buildings must be at least two floors of occupiable space. Minimum height: twenty-six (26) feet Maximum height: fifty-five (55) feet, or five (5) stories, whichever is greater. C, hanter 9c~F· Carmel Drlve- Range Iine Road Overlay Znne 2727/2004 23F-2 DR AF'I' ZON[NG ORDINANCE 23F.7 Ruilding Fnotprlnt 23F.7. l Minimum: 5000 square feet. 23F.7.2 Maximum: 20,000 square feet. 23.F.8 23F.8.1 Principal Buildings must be faced on front and sides with brick or stone and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.8.2 Rear building faq:ade materials may vary, however, its material colors and composition must be coordinated with the front and side faqades. 23F.9 ArchitectnrM Design Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F.9.1 A ground floor with transparent storefront glass 23F.9.2 Upper floors built of brick with windows inserted into the wall 23F.9.3 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.9.4 The fagjade shall be flat, with relief provided by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F.9.5 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F.9.6 Buildings must have retail storefronts along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23F.9.7 Every face of the building with frontage on a public street must have openings for windows. 23F.9.8 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F.9.9 Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair facade composition; and are designed as an integral part of the faqade. Metal or aluminum awnings are prohibited. 23F.9.10 Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F.9.11 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. Chapter 2'41:! Carmel Drive- R~n? T Joe Road Overlay Tnne 2/27/2004 23F-3 DRAFT ZONING ORDINANCE 23F. 10 ~' ~ncl~caplng. 23F. 10.1 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F.10.2 A five4oot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and twenty (20) shrubs per 100 linear feet. 23F.10.3 Parking areas shall be completely screened from the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masonry walls, or combination thereof. 23F.10.4 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F. 10.5 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F.10.6 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F. 10.7 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. 23F. 10.8 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 23F. 10.9 No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. 23F.10.10 Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F.11 l ~ighting. 23F.11.1 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. 23F. 11.2 Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. (~hapter 2gg: Carmel Drive -- Range !,ine Rnad Overlay 7nne 2/27/2004 23F-4 DRAFT ZONING ORDINANCE 23F.12 23F. 13 23F.14 23F. I1.3 23F.11.4 23F. 11.5 Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F. 12.1 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.7.02-13 shall apply to the Zone. 23F. 12.2 Prohibited signs: The provisions in Section 25.07.01-4 shall apply. 23F. 12.3 Wall signs must fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Pedestrian Circnlatlrm 23F. 13.1 Sidewalks along public streets shall be eight (8) feet in width. 23F. 13.2 Walkways shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F. 13.3 Sidewalks and walkways, when adjacent to commercial buildings should be covered to shelter pedestrians when walking from place to place. 23F. 13.4 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 13.5 Pedestrian access shall be coordinated with and provided to adjoining properties Parking 23.F.14.1 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. 23F. 14.2 Parking areas shall be located at the rear or side of buildings, and screened per 23.10.3. 23F.14.3 Parking space dimensions shall be 9' x 20', or 10~ x 18', including two (2) feet for bumper overhang. 23F. 14.4 Adjacent/adjoining parking lots shaI1 be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. 23F. 14.5 Bicycle parking shall be provided, one space per 100 feet of street frontage. Chapter ')cig' Carmel Drive- Range l.ine Road Overlay Zone 2/27/2004 23F-5 DR&FT ZONING ORDINANCE 23F. 15 Prodllct Material R, Refii~e gmrage 23F.15.1 Material or product storage shall occur within the Principal building or an Accessory building, unless otherwise directed in other areas of this ordinance. 23F. 15.2 Any Accessory Building for storage shall: a. Be architecturally compatible with the Principal building and integrated into the overall site layout. b. Be approved by the Commission. 23F. 15.2 Any Accessory Building for storage or disposal of refuse shall: a. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. b. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. c. Be architecturally compatible with the Principal building and integrated into the overall site layout. d. Be approved by the Commission. 23F.16 tither Reql,lrement~. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. Chapter ?'~1~. Carmel Drive - Range l.ine Road C~verlay 7~ne 2/27/2004 23F-6 DRAFT ZONING ORDINANCE CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGELINE ROAD CORRIDOR - OVERLAY ZONE 23F.0 Carmel Drive: - Range l.lne Road Overlay 7nne. 23F.0.1 purp. c~e Intent and Anthorlty. The purpose of this zone is to provide consistent design treatment for properties in the central city, to enhance the aesthetic qualities of these properties, and to protect the health and safety of 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 Commission, in establishing this zone, is relyingonI.C. 36-7-4-1400 et seq. (amended per Z-365-O l ) 23F. I Di~trlct Ptnundariea~ The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F.1.1 23F. 1.2 Carmel Drive. The District shall affect all parcels of land that abut Carmel Drive, between Keystone Avenue to the east, and Gradle Drive Old M~, ;,l;,m~tr~x:-r to the west. [ Range Line Road The District shall affect all parcels of land that abut Range Line Road between 116th Street to the south and Ist Street South, to the north. 23F. 1.3 Parcels zoned C-1 Ccity Center, and C-2 Old Town shall be exempt from the requirements of the Zone. 23F.2 ' ' · 23F.2.1 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land in the Carmel Drive - Range Line Road Overlay Zone that is to be developed for commercial purposes or as a Planned Unit Development. 23F.2.2 A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. However, a DP shall not be required for additions to existing structures which: a. Are attached to the existing structure and continue the architectural design of the existing structure, including exterior color and materials; doors, windows and other detailing; and, b. Do not exceed twenty percent (20%) of the original gross floor area of the existing structure, applicable from the date of this ordinance. 23F.2.3 Plan Commission approval of the Architecture, Landscaping Plan, Lighting Plan, and Signage (ADLS) is required prior to issuance of an Improvement Location Permit. If a parcel is located both inside and outside of the Zone, ADLS approval is required for the entire parcel to be developed. C.h.nter 2ctF (~rrn~l Drive- R~n~e l.ine Road Ovt'rlav Tone. 2/27/2004 23F-1 DRAFT ZONING ORDINANCE 23K3 23F.3~.1 23F.32.2 23F.3~.3 Prohibitecl llge~ See Appendix A Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales. Lumber or Brick Yard Shooting Range or Gallery 23F.3~_.4 Sexually Oriented Businesses 23F.3_~.5 Disposal of Radioactive Materials 23F.32.6 Sanitary Landfill 23F.3~.7 Grain Elevator 23F.3~_.8 Junk or Salvage Yard 23F.3xL9 Penal or Correctional Institution 23F.3~-. 10 ?? All Industrial Uses in Appendix A 23F.4~ Bllilcllng Slethacka 23F.5~ 23F.3. I Front Setback - Range Line Road and Carmel Driver'nx'z,-,~. ,_d fi~rr~-h~_, i,._.ht-,,I-,,o3 a. Minimum: five (5) feet b. Maximum: ten (10) feet a. Up to twenty-percent (20%) of the front fagade my be recessed up to ten (10) feet, for entrances and outdoor seating, subject to Commission approval 23F.4.4:~ 3 Side and Rear Setbacks. There are no minimum side or rear setbacks; however. x,~dk,,,~)~ I,m~.' pa: ~ ~kmgnmrrsr-b¢ ~ w,,,,,,,,[w,', ~,i' ~ ~, ~ j ~ ·,_. no bBuildings or other permanent improvement shall *mt encroach into required landscape areas. B]]ilcling C~rientntinn 23F.5=L 1 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets and occupy a minimum of 70% of that frontage. 23F.5~.2 Additional buildings may be built in the rear of the property. 23F.5~.3 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.5.4 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. Chapter 2~tg· Carmel Drive- Range l.ine Rnacl CIv~,rlay Tnne 2/27/2004 23F-2 DRAFT ZONING ORDINANCE 23F.65 23F.76 23.F.8~ 23F.9~ B.ildin~ 1-fei~ht 23F.65:1 Principal Buildings must be at least two floors of occupiable space. 23F.65.2 Minimum height: twenty-six (26) feet 23F.65.3 Maximum height: fifty-five (55) feet, or five (5) stories, whichever is greater. Rnildlng }:ootprint 23F.76.1 Minimum: 5000,~.F/t-It-~ square feet. 23F.76.2 Maximum: 20,000tS~tF~tl square feet. Cnn~trnctinn MaterlalR 23F.87.1 Principal Buildings must be faced on front and sides with brick or stone and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.8¥.2 Rear building fagade materials may vary, however, its material colors and composition must be coordinated with the front and side fa9ades. Arehlteamral DeRiEn Buildings in the Zone must be built as multi-story commercial storefront types, whose characteristics include: 23F.98.1 A ground floor with transparent storefront glass 23F.9~.2 Upper floors built of brick with windows inserted into the wall 23F.9S.3 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.9~.4 The fag:adc shall be flat, with relief provided by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F.98.5 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F.9~¢.6 Buildings must have retail storefronts along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23F.9,~.8 Every face of the building with frontage on a public street must have openings for windows. 23F.gH.9 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. Chapter 2q~': Carmel Drive - Ran~oe I ine Road Overlay 7one. 2/27/2004 23F-3 DRAFT ZONING ORDINANCE 23F.91q.10 Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal or aluminum awnings are prohibited. 23F.9S. 11 Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F.9S.12 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. 23F.10tt l.~n&c~ping 23F.10'9.1 Shade trees shall be planted within the street right-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a minimum of thirty (30) feet. 23F.10~.2 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and twenty (20) shrubs per 100 linear feet. 23F.10~.3 Parking areas shall be completely screened from the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masonry walls, or combination thereof. 23F.10'~.4 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 23F.10~.5 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F.109.6 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F.10~.7 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstalled landscape material. 23F.10c9.8 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 23F.10"/.9 No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to conform to specific site conditions. Chapter 2'~F: Carmel Drive- R~n? I.ine Road Overlay 7nne. 2/27/2004 23F-4 DRAFT ZONING ORDINANCE 23F.10~. 10 Ground level mechanical/telecommunication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F.11t~ I ighting 23F.11¢. I Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. 23F. 11~.2 Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single-family residential uses, illumination levels shall not exceed 0.5 foot candles at the property line. 23F. 11¢L3 Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 23F. 11~.4 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. 23F. 11~.5 The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.12~ Signage 23F. 12+.1 Unless specified as exempt or prohibited signage, or otherwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.7.02-13 shall apply to the Zone. 23F.12+.2 Prohibited signs: The provisions in Section 25.07.01-4 shall apply. 23F.12+.3 Wall signs must fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. 23F. 13~ 23F.13a-.1 Sidewalks along public streets shall be eight (8) feet in width. 23F.13~.2 Walkways shall l,c I'~ ~ idcd~to provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F.13~_.3 Sidewalks and walkways, when adjacent to commercial buildings should be covered to shelter pedestrians when walking from place to place. 23F. 13~-.4 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 13~-.5 Pedestrian access shall be coordinated with and provided to adjoining properties Chapter 23F: Carmel Drive - Ran? Iine Rnacl Overlay Zone. 2/27/2004 23F-5 DRAFT ZONING ORDINANCE 23F. 143 parking. 23F. 145.2 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. 23F.143.3 Parking areas shall be located at the rear or side of buildings, and screened ~r~,m Ihr-<irk'xx'illk l?tmx~ Hx:-Imvmvcrcc,-:-rrr lw~gc~'r Per 23.10.3 23F.149.4 Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. 23F. 143.5 Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. 23F.143.6 Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.15~ 23F. 15-4.1 Material or product storage shall occur within the Principal building or an Accessory building, unless otherwise directed in other areas of this ordinance. 23F.15~.2 Any Accessory Building for storage shall: a. Be architecturally compatible with the Principal building and integrated into the overall site layout. b. Be approved by the Commission. 23F. 15~4.2 Any Accessory Building for storage or disposal of refuse shall: a. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. b. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. c. Be architecturally compatible with the Principal building and integrated into the overall site layout. d. Be approved by the Commission. 23[:. 15---tq:lrr{%Jrran~s's':rlm~\~JOrrrrrd- 23F. 16 All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. Chapter 9qI:: Carmel Drive - Range l.ine Road Overlay ?nne. 2/27/2004 23F-6 ' d Issues connected wxth propose Chapter 23F of the Carmel Zoning Ordinance as drafted · Existing businesses in the affected areas request time to contribute to the process. The ordinance is similar to overlays developed for City Center and Old Meridian. However, those areas were both primarily undeveloped, and in the case of Old Meridian, the existing development - Meijer - was taken into account. In this case, the area affected is developed and existing businesses do not appear to have been taken into account. There is a need for a clear definition for existing businesses of what circumstances would invoke requirement of compliance with the overlay. o Loss of building through fire, tornado or other happenstance out of the owner's control? o Remodel, add-on (by percentage, requirement of building permit or some other value?) o Change in business ownership? o Change in business entity? What is the rationale behind the zero setback? Carmel Drive could need a center turn lane, widening, other additional lanes or improvements/expansions in the future. How would they be accommodated? · How will variances be accommodated, if at all? What is the rationale behind two-story requirement and size of footprint, both of which substantially increase construction costs and lessen the opportunity for potentially interested business entities or developers. Several recently-completed buildings do not comply, meaning those businesses would incur additional costs, at the very least, of obtaining a variance at such time as they remodel or sell. An 8000 square foot building with appropriate parking, landscaping, etc. simply will not fit on several of the smaller properties. How is that being considered in the overlay? This and other parts of the proposal could seriously limit the opportunities for existing businesses to sell their business or their property due to the expense of complying with the overlay. Vague language (e.g. "rear building materials (colors and composition must be coordinated with front and side facades" (23F.7.2); "pedestrian scale" 23F.8.11 and "other requirements remain in place" (23F. 16) make predictability difficult for future developers. What need does the ordinance address that cannot be answered by the ordinances already in place or by clarifying some of the areas within those ordinances that make predictability for developers extremely difficult? From: Sent: To: Subject: Mo Merhoff [mo@carmelchamber.com] Monday, February 23, 2004 4:04 PM Hollibaugh, Mike P RE: Carmel Drivel Range Line Overlay Overlay issue p0lnH.d0c Hi Mike: I'm continuing to receive input on this, but here ar the issues on the overlay we've compiled so far, Mo *** eSafe has scanned this email for malicious content and found it to be clean *** *** IMPORTANT: Do not open attachments from unrecognized senders *** From: Sent: To: Subject: Dave Coots [DCoots@chwlaw.com] Tuesday, February 17, 2004 9:48 AM hollibaugh mike (E-mail) Carmel Drive/Rangeling Road Oveday Mike, as an abuttin9 Carmel Drive landowner and an attorney having represented a number of affected landowners, I would ask that the Commission at its 2/17/04 meeting table the public hearing since I am told that no proposed ordinance has been made available for public study prior to the hearing date. I do have a copy of Chapter 23F, but am advised that changes are being made to that ordinance. Some initial concerns raised by 23F are: 1. what is grandfathered in terms of remodeling, add-on, etc 2. how can you exclude uses that currently exist without compensation or condemnation process 3. what is the rational behind zero setback when Carmel Dr conceivably will need a center turn lane, widening, center trolly lane or whatever. 4. new construction(which probably will require a tear down) could not use existing foundations, utility locations, parking lots, existing trees or otherwise. It seems as if the ordinance is designed for a vacant strip(like City Center) and not what exists. 5. requiring 2 floors of occupied space adds substantial costs to construction re elevators, construction methods(metal beams) handicap access 6. what is the rational behind the footprint requirement/restriction 7. architecturally, few offices want/need a ground floor with storefront glass As you can see, a number of questions exist as to the ordinance I reviewed and by no means do I feel the above complete. I guess I am having a real problem understanding what is wrong with what we now have that requires such a radical change. I do believe ADLS review along both corridors makes sense, but within the confines of the underlying ordinance, not a remake. Would appreciate your thoughts, a continuance of tonights hearing with time to participate with the department to address what the percieved concerns are and time to include affected property owners in the drafting, not responding to the proposed ordinance. Thanks CARMEL ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGELINE ROAD CORRIDOR - OVERLAY ZONE 23F.0 Carmel Drive - Range I.ine Road Overlay 7nne-. 23F.0.1 Pu?t)ge: Intent and Authority. The purpose &this zone is to provide consistent design treatment for properties in the centml city, to enhance the aesthetic qualities of these properties, and to protect the health and safety of 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 Commission, in establishing this zone, is relying on I.C. 36-%4-1400 etseq. (amendedperZ-365-O0 23F. I District glmmda,'ics The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby established as shown on the Zoning Map. The zone shall generally be defined as follows: 23F. 1.1 Carmel Drive. The District shall affect all parcels of land that abut Cannel Drive, between Keystone Avenue to the east, and Gradle Drive' ""J'' ................... '" "' ' to the west. 23F.1.2 Range Line Road The District shall affect all parcels of land that abut Range Line Road between 116th Street to the south and 1s~ Street South, to the north. 23F.1.3 Parcels zoned C-I Ccity Center, and C-2 Old Town shall be exempt from the requirements of the Zone. 23F.2 Plan (?nmmiqglnn Apprnval, 23F.2.1 23F.2.2 The Plat] Commission must approve, approve with conditions, or disapprove the Develop~nent Plan (DP) for any tract of land in the Carmel Drive - Range Line Road Overlay Zone that is to be developed for commercial purposes or as a Planned Unit Development. A public hearing shall be held by the Commission before it decides whether to approve or disapprove a DP. However, a DP shall not be required for additions to existing structures which: a. Are attached to the existing structure and continue the architectural design of the existing structure, including exterior color and materials; doors, windows and other 0.etailila~; and. b. L~O no~excecd twenty percent (20%) of the original gross floor area of the existing structure, applicable from the date of this ordinance. 23F.2.3 Plan Commission approval of the Architecture, Landscaping Plan, Lighting Plan, and Signage (ADLS) is required prior to issuance of an Improvement Location Permit. If a parcel is located both inside and outside of the Zone, ADLS approval is required for the entire parcel to be developed. Chapter ?~I:: Carmel Drlve- Ran? I in~ Rnad Overlay 7nne~ 2/27/2004 23F-1 Prnhihited t Ne~ See Appendix A Ti,~ ~vllv ~i,,/~ ..... ho:: b~ ~,~:,~bk~d ~:.~.~ho.t ~ 2 23F.3~'.1 Antomobile, Track, Boat, Mobile Home, Manufactured Housing or RV Sales. 23F.3~:.2 Lumbar or Brick Yard 23F.3~:.3 Shooting Range or Gallery 23F.3~.4 Sexually Oriented Businesses 23F.3~.5 Disposal of Radioactive Materials 23F.3~.6 Sanitary Landfill 23F.3'~.7 Grain Elevator 23F.3~.8 Junk or Salvage Yard 23F.3'~.9 Penal or Correctional Iostitution 23F.3'2'. 10 .oq All Industrial Uses in Appendix A 23F.43 Ruilding gethaek~ 23F.54 23F.3.1 Front Setback- Range Line Road and Carmel Drive, 232.3.2 a. Minimnm:five (5) feet b. Maximum: ten (10) feet a. Up to twenty-percent (20%) of the front facade may be recessed up to ten (10) feet, for entrances and outdoor seating, subject to Commission approval 23F.4.43.3 Side and Rear Setbacks. There am no minimum side or rear setbacks; however, walk~,,,;,= [,~ ,,~a, pa&big ii;ho; b,. ,, si~iiiiii ..... felt. ((,) f,.,.~ ,,id,.. no bBuildings or other permanent improvement shall not encroach into required landscape areas. Fh,ilding Orientation 23F.54.1 Every parcel with frontage on Cannel Drive and/or Range Line Road must have a building that froats on those streets and occupy a minimum of 70% of that frontage. 23F.54.2 Additional buildings may be built in the r~ar of the property. 23F.54.3 All Principal Buildings shall face a public street, with a primary entrance from a public street 23F.5.4 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street. Chnpler ?qF: Cannel Drive - Range line Road Overlay Zone. 2/27/2004 23F-2 23F.65 R,,ilding Neighl 23F.65:1 Principal Buildings must be at least two floors of occupiable space. 23F.65.2 Minimum height: twenty-six (26) feet 23F.65.3 Maximum height: fifty-five (55) feet, or five (5) stories, whichever is greater. 23F.76 23F.76.1 M h~imura: 5000,~,000 square feet. 23F.76.2 Maximum: 20,00515,000 square feet. 23.F.8~ 23F.8~. 1 Principal Buildings must be faced on front and sides with brick or stone and trimmed in metal, stone, precast concrete, wood, or stucco. 23F.8:A2 Rear bo flding fagade materials may vary, however, its material colors and composition must be coordinated with the front and side fagades. 23F.98 Arehileemral Design Buildings in the Zone must be built as multi-story commercial storefxont types, whose characteristics include: 23F.9~. 1 A ground floor with transparent storefront glass 23F.98.2 Upper floors built of brick with windows inserted into thC wall 23F.98'.3 A distinct cornice line at the top of the wall and intermediate horizontal elemants, such as a trim at the top of the ground floor are optional. 23F.98.4 The fagade shall be flat, with relief provided by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F.98.5 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F.98'.6 Buildings must have retail stomfronts along the public street front of the f'u'st floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23 F.98.8 Every face of the building with frontage on a public street must have openings for windows. 23F.98.9 Large expanses of glass are allowed, but the building may not be constructed antirely of a metal aud glass curtain wall. 23 F.98.10 Fixed or retractable awnings are permitted if they complement a building's architectural style, Chapler 23F: C. am~el Drive- Range I.ine Rnad Overlay 7nne 2/27/2004 23F-3 material, colors, and details; do not conceal amhitectuml features (such as comices, columns, pilasters, or decorative details); do not impair fagade composition; and are designed as an integral part of the fagade. Metal or aluminum awnings are prohibited. 23F.98. l I Pedestrian scale detailing is required on the front eievation of the building at the ground level. Because the baildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is sealed to the pedestrian. 23F.98.12 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. 23F.109 I nnrl~en.ning 23F.109.1 Shade trees shall be planted within the street fight-of-way, parallel to each street, per the standards of the City. Maximum spacing between trees shall be filly (50) feet, and a mininmm of thirty (30) feet. 23F.109.2 A five-l'oot (5') wide planting strip shall be provided along the sides and rear of all parking areas. The minimum planting shall include two (2) shade trees and twenty (20) shrubs per 100 linear t'eet. 23F.109.3 Parking areas shall be completely screened from the street right-of-way with a six (6) foot wide planting strip using shrubbery, hedges, shade trees, masom'y walls, or combination thereof. 23F.109.4 Shade u'ees shall be planted within parking areas greater than 10,000 square feet. There shall be planted one (l) shade tree and five (5) shrubs per every nine (9) spaces. 23F.109.5 The design of fencing, sound walls, trash enclosures and, similar site elements shall replicate the architecture of the Principal building(s) in construction material and detailing. 23F.109.6 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site design. The landscape plan must preserve not less than 50°/3 of all trees that are 6" DBH or larger and located within the required yard/setback areas. 23F.109.7 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of the remaining, uninstailed landscape material. 23F.109.8 It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. 23F.109.9 No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his designee in order to confoma to specific site conditions. Chaplet 23F: Cannel Drive- Range l.ine Rnad Overlay 7nne 2/27/2004 23F-4 23F.109.10 Ground level mechanical/ teleconm~unication equipment shall be screened from the Street and any adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. 23F.110 I ighling 23F. 110.1 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. 23F. 110.2 Exterior lighting of fl~e building or site shall be designed so that light is not directed offthe site and the light source is shielded from direct offsite viewing. For any use abutting single- family residential uses, illumination levels shall not exceed 0.5 foot candies at the property line. 23F. 110.3 Exterior lighting shall be architecturally integrated with the building style, material and color. Rool'top lighting shall be prohibited. 23F. 110.4 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. 23F. 110.5 The maxiomm height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) l'eet of single family residential, their height shall not exceed fii~een (15) feet. 23F.12+ 5;ignage. 23F. 12+. 1 Unless specified as exempt or prohibited signage, or otMrwise noted below, the Sign Ordinance regulations pertaining to Old Town Carmel, Section 25.7.02-13 shall apply to the Zone. 23F. 12+.2 Prohibited signs: The provisions in Section 25.07.01-4 shall apply. bllok;,,~, ~ul,;,~, tl .... ,, ;th ai,:,ving ..... v,m..,; ..... Io,., 23F.12+.3 Wall signs must fit within the horizontal and vertical elements of the building and not obscure details o£ the building. No sign shall be allowed to extend above the cornice line of a building. 23F.13~ 23F. 13t'. 1 Sidewalks along public streets shall be eight (8) feet in width. 23F. 13~'.2 Walkways shall b~ },~,.~id~d to provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23 F. 13~:.3 Sidewalks and walkways, when adjacent to commercial buildings should be covered to shelter pedestrians when walking from place to place. 23F. 13~:.4 Neither sidewalks nor walkways shall be used by automotive traffic. 23F. 13-2-.5 Pedestrian access shall be coordinated with and provided to adjoining properties Chaplet ~,g. Cnm'~el Drive - Rangt~ Line Road Overlay ~nne. 2/27/2004 23F-5 23F.14-3' ParMnE. 23.F. 145.1 ?,,kh,s ,n~,~Z b,- l;,.,~;..d hi ~h ........ id,. ,~f b,ildl,gs. 23F. 14B'.2 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line. 23F. 1453 Parking areas shall be located at the rear or side of buildings, and screened f,,,.. b:, I,~, ,,alb, i,~, f,.,,.~, ,~, h,.dgc~. Per 23.10.3 23F.145.4 Parking space dimensiuns shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. 23F.1453'.5 Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedestrian access. 23F. 145.6 Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F.15'~ 23 F. 154.1 Material or product storage shall occur within the Principal building or an Accessory building, unless otherwise directed in other areas of this ordinance. 23F. 154.2 Ally Accessory Building for storage shall: a. Be architecturally compatible with the Principal building and integrated into the overall site layout. b. Be approved by the Commission. 23F. I ~,~.2 Any Accessory Building for storage or disposal of refuse shall: a. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking b. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. c. Be architecturally compatible with the Principal building and integrated into the overall site layout. d, Be approved bythe Commission. 23F.16 All other requirements not mentioned ia this Section shall remain as stated for that primary zoning classification district mapped. Chaplcr 23F: Carmel Drive- RanEe l.ine Road Overlay Znne, 212712004 23F-6 DRAFT ZONING ORDINANCE CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE AMENDMENT LOG Ordinance No. Docket No. Cntmcil Approval F, ff~etlve Date geetinn~ Affected Z- (?hapler 23Fr Calq~el Drlve- Range i'.ine Road Overlay 7nne 2/27/2004 23F-7 City of Carmel CARMEL PLAN COMMISSION -MEMORANDUM- Date: January 7, 2005 To: Plan Commission Members From: Adrienne Keeling Department of Community Services Re: January 18th Meeting: Carmel Drive - Range Line Road Overlay; Text and Map Amendments The following agenda items were placed under Old Business due to changes approved by the Carmel City Council. On September 29, 2004, the text amendment ordinance was Certified to the City Council with no recommendation. On October 22, 2004, the map amendment ordinance was Certified to the City Council with no recommendation. The City Council approved the items with amendments on December 20, 2004. Indiana Code requires the Plan Commission to approve or disapprove the Council's amendments within 45 days. Below is a summary of the Council's approved changes. Attached for your review are the amended ordinances. Docket No. 04010027 OA; Z-444-04 Proposed Chapter 23F: Carmel Dr - Range Line Rd Overlay Zone · 23F.02.02 pg.2 Removal of the text "or modifications" · 23F.04.03 pg.4 · 23F.09.01 pg.5 · 23F.10 pg.5 Removal of 5,000 square foot threshold requirement for DP Increase 90% to 100% destruction allowance Add stucco and brick to face and trim materials, respectively Clarifying language to Architectural Design section Docket No. 04080048 Z; Z-463-04: Carmel Dr - Range Line Rd Overlay: Rezone The Council chose to reduce the boundaries of the Overlay along Carmel Drive. The Zone will be limited at the Monon Trail to the west and to Executive Drive to the east along Carmel Drive. The areas along Range Line Road remain as proposed. If you have any questions please give me a call at 571 ~2417. PCMEMO~20054) 107b Page I ONE CIVIC SQUARE CAiLMEL, INDIANA 46032 317/571-2417 12/03/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sponsor(s): Councilor Rattermann ORDINANCE NO. Z-444-04 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance adopting Chapter 23F: Carmel Drive - Range Line Road Overlay Zone. 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 WltEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WltEREAS, the Common Council finds that it is reasonable and necessary to promote and accommodate the orderly growth and development of the City of Carmel and Clay Township by providing a temporary regulation that will complement the ongoing redevelopment of Carmel City Center and Old Town, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted; and WItEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and WItEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel Zoning Ordinance is incorporated by reference into the Carmel 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. 04010027 OA having received no recommendation from the Carmel Advisory Plan Commission on Tuesday, September 21, 2004, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: a. Adopt Chapter 23F: Carmel Drive - Range Line Road Overlay Zone to read as follows: 23F.00 Carmel Drive - Range Line Road Overlay Zone. 23F.00.01 Pumose. Intent and Authority. The purpose of this overlay zone is to protect and enhance the health, safety and welfare of the citizens and propexty owners of Carmel by allowing for the establishment of an uptown business district that will support a range of activities and opportunities to all segments of the community; with mixed-uses in multi-story buildings; is pedestrian oriented and supportive of multiple modes of transportation; with buildings and a Ordinance No. Z 4d4.04 1 12/03/2004 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 23F.00.99 streetscape which are attractive and safely designed in order to enhance the livabflity of the city. It is the City's intent to achieve the purpose of this zone by: · Providing a consistent urban design treamaent for private and public properties in central Carmel; · Providing additional opportunities for investment and reinvestment in real estate by mandating higher intensity of development; · M~n~m~zlng suburban sprawl, through re-nsc and redevelopment of the community's land resources; · Minimize community infrastructure costs thru the more efficient use of land; · Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall commur).ity. Further, it is thc intant of this overlay zone to provide a temporary regulation, that will support the ongoing redevelopment of Carmel City Center, and Old Towa, and the Avenue of Art and Design, acting as a transition regulation until a specific plan for Carmel's central business district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations. 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 superinapnsed. In establisking this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 etseq. Ao~lication Procedure. A. Develoomant Plan. See Section 24.99(,~): Development Plan. B. Arcl~tectural Design, Exterior Lighting, Landscapin~ and Sik, nage (ADL$~. See Section 24.99(B): Architectural Design, Exterior Lighting, Landscaping and $ignage (ADLS}. 23F.01 Dis~ict Boundaries. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the Zone) are hereby establishad as approved on the Zoning Map. 23F.01.01 Parcels in the C-l/City Center and C-2/Old Town DisU/cts shall be exempt f~om the requirements of the Zone. 23F.02 Plan Commission Approval. 23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for any tract of land in the Carmel Drive - Range Line Koad Corridor Overlay Zone as required in Sections 23F.02.02 and 23F.02.03. 23F.02.02 Development Plan. A public hearing shall be held by the Comm/ssion before it decides whether to approve or disapprove a DP. A DP shall be required for additions c:' =~c~..Lfica~c=: to existing smactures which exceed either of the following: A. Fif~ percent (50%) of the original gross floor area of the existing structure, applicable from the date of this ordinance, or E. F.;;'e ~cu:and (5,999) :qua:e fc~.t. 23F.02.03 Architectural Design, Exterior Lighting, Landscaping and Signage. The Commission shall review and approve or approve with conditions the Architectural Desig~ Exlerior Lighting, Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation, consistent with the provisions set forth in Section 23F.08 through Section 23F.16, Section 24.03 and such approvals shall be necessary prior to: Ordinance No. Z ~.~?.-04 2 12/03/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 23F.02.04 A. The estabhshment ofeny use of land; B. The issuance of any Improvement Location Permit, except maintenance and/or repairs consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, maintenance and/or repairs shall be consistent with the previously approved Improvement Location Permit; C. Any change in site improvements which are not consistent with previously approved ADLS. In cases where properties were developed prior to ADLS requirement, changes in site improvements shall be consistent with the previously approved Improvement Location Permit. Zouln~ Waiver. The Commission may, afler a public hearing, grant a Zoning Waiver of the dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent (35%). Any approval to permit such a waiver shall be subject to the following criteria: A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes and neighborhoods. B. The proposal shall not produce a Site Plan or street/circulation system that would be impractical or detract from the appearance of the Develepment Plan or the District, and shall not adversely affect emergency vehicle access. C. The proposal shall exhibit extraordinary sits desiga characteristics, including, but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Chapter. This Section does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under IC 36-7-4-918.5 and this Zoning Ordinance. 23F.03 Permitted Uses. See Appendix A- Schedule of Uses. 23F.03.01 All Uses which are permitted in the underlying primary'zoning district(s), except those uses expressly prohibited by Section 23F.04, are permitted in the Zone. 23F.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent (75%) of a project's gross floor area in districts where residential is not permitted in the underlying zoning district. 23F.04 Special Uses; Prohi~oited Uses. See Appendix A - Schedule of Uses. 23F.04.01 Special Uses. All Special Uses which are permitted (upon obtaining a Special Use approval from the Board) in the underlying zoning district(s), except those uses expressly excluded in this Section or in Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the Board. In addition, any Use ex/sting at the time of the passage of this Chapter which does not conform to Section 23F. 03: Permitted Uses but which otherwise does conform to the apphcable Use provisions of the underlying zoning district(s), shall be deemed to be and shall be a Special Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor require Special Use approval for continuance but shall require Special Use approval for any alteration, enlargement or extension. 23F.04.02 Proba"oited Uses. A. Automobile, Track, Boat, Mobile Home, Manufactured Housing or RV Sales. B. Sexually Oriented Businesses C. All Industrial Uses in Appendix A 23F.04.03 Restoration afler Destruction of Building. Ordinance No. Z 444-04 3 12/03/200~ 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 47 48 49 50 Nothln~. in this Chapter shall prevent the restoration of a building or structure destroyed Ja~s~ than n.k:e~'one hundred percent (90100%) or less of its square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Chapter; or shall prevent the continuance of the use, except an illegal nonconformlnS use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed la:: th;n uin¢~' one htmdred percent (90100%) or less and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans ::- r~:t~mg a buildi:~g ,~r :~,',~wr: '3::tr:7:~ :'2x~' para:::t (90%) z:' n:c.r: shall be subject to obtaining an Improvement Location Permit and payment of fees and comply with Sections 23F.09 and 23F.10. 23F.05 Building Setbacks. 23F.05.01 Build-to Line. A. Minimum: Zero (0) feet, subject to recorded utihty easement(s). B. Maximum: Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C below. C. Up to seventy-percent (70%) of the front faqade may be recessed for entrances and outdoor seating; however, no entrance shah be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Commission approval. 23F.05.02 Side and Rear Setbacks. There are no minimum side or rear setbacks; however, no buildings or other permanent improvement shall encroach into required landscape areas. 23F.05.03 Conflicting Requirements. Wherever there ex/sts a conflict between the building setback requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the Carmel Drive - Range [/me Road Overlay Zone, the State Highway 431/Keystone Avenue Corridor Overlay Zone shall govern. 23F.06 Building Orientation. 23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that fronts on those streets. 23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have a building that occupies a minimum of 70% of that frontage. 23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum amount of frontage, except for driveways, sidewalks and landscape areas, as required by the Ordinance. 23F.06.04 Additional buildings may be built in the rear of the property. 23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street. 23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible from the street 23F.07 Building Height. 23F.07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher floors must be at 1east fifty percent (50%) the size of the building footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor. Ordinance No. Z-444-04 4 12/03/2004 23F.07.02 2 23F.07.03 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 Minimum height: twenty-six (26) feet Maximum height: A. Thirty-five (35) feet, or three stories, whichever is greater, ff adjacent to single-family residential zone. B. Fife-five (55) feet, or five (5) stories, whichever is greater. 23F.08 Building Foot~rint. 23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR). 23F.08.02 Max/mum: 40,000 square feet. 23F.09 Construction Materials. 23F.09.01 Principal Bu/ldings must be faced on front and sides with brick, stone, stucco or similarly detailed precast conc~eta and trimmed in metal, stone, precast concrete, wood, o~-stucco~ or brick. 23F.09.02 Rear building faCade materials may vary, however, its material colors and composition must be coordinated with the front and side facades. 23F.I0 ArchitectusalDesign. Bulldings in the Zone mnst lz: 5'~!t :z n:u!fi :tcG':::mmcrc!:!ctcr:frc::ttyi:e:, xvhc:* :!:::m:t:~:~:: inzhi~zinclude the following characteristics: 23F. 10.01 Ground and upper floors with transparent glass; ground floor elevations must incorporate the transparent glass as a significant component. 23F.10.02 3, distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional. 23F.I 0.03 The fagade shall be provided relief by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters and lintels. 23F. I 0.04 The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor. 23F.10.05 When applicable, retail storefrunts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors. 23F. 10.06 Every face of the building with frontage on a public street must have openings for windows. 23F. 10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. 23F. 10.08 Fixed or relzactable awnings are permitted if they complement a buildmg's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair facade composition; and are designed as an integral part of the fagade. Metal or aluminum awnings are prohibited. 23F.10.09 Pedestxian scale detailing is encouraged on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. 23F. 10.10 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. Ordinance No. Z-444-04 5 12/03/2004 I 2 3 23F.11 Landscaping. 4 23F.11.01 Shade ~xees shall be planted within the street right-of-way, parallel to each street, per the 5 standards of the City. Maximum spacing between trees shall be fifty (50) feet, and a 6 min;n~am of thirty (30) feet. 7 23F. 11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking 8 areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100 9 linear feet. 10 23F. 11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk 11 by low walls, low fences, or hedges. 12 23F.11.04 Shade trees shall be planted w~*h~n parking areas greater than 10,000 square feet. There shall 13 be planted one (1) shade tree and five (5) shrubs per every nine (9) spaces. 14 23F. 11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate 15 the architecture of the Principal building(s) in construction material and detailing. 16 23F. 11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall 17 site desig~ The landscape plan must preserve not less than 50% of all trees that are 6" DBH 18 or larger and located w~thin the required yard/sethack areas. 19 23F.11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a 20 Cerfficate of Occupancy by the Department. If it is not possible to install the approved 21 landscaping because of weather conditions, the property owner shall post a bond prior to the 22 issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost 23 of the remaining, ,mln~talled landscape material. 24 23F. 11.08 It shall be the raspons~ility of the owners and their agents to insure proper maintenance of all 25 trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with 26 the standards set by this Ordinance. This is to include,-but is not limited to, replacing dead 27 plantings with identical varieties or a suitable substitute, irrigation and mulching of planting 28 areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in 29 this zone will be maintained by the City. 30 23F.11.09 All landscaping is subject to approval by the Commission. No landscaping which has been 31 approved by the Plan Commission may later be substantially altered, eliminated or sacrificed 32 without first obtaining further Comm~ssinn approval. However, minor material alterations in 33 landscaping may be approved by the Director or his designee in order to conform to specific 34 site conditions. 35 23F.11.10 Ground level mechanical/telecommunication equipment shall be screened from the Street and 36 any adjoining residential zones or uses using walls, fencing, landscaping, or other method 37 approved by the Commission. 38 39 40 41 42 43 44 23F.12.02 45 46 47 48 23F.12.03 49 23F.12 Li=htin~. 23F. 12.01 Stxeet lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and ora design per the adopted City style. Exterior light&ag of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use abutting single- family residential uses, ilJumination levels shall not exceed 0.5 foot candles at the property line. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Ordinance No, Z-444-04 6 12/03/2004 23F.1Z04 2 3 23F.12.05 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 23F.13 Signage. 23F.13.0i 23F.13.02 23F.13.03 Prohibited signs: A. Ground Signs B. All other signs specified in Section 25.07.01-4: Prohibited Signs. Wall signs are allowed provided that they fit within the horizontal and vertical elements of the building and not obscure details of the building. No sign shall be allowed to extend above the cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign Ordinance. In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying Sign Chart A to determine the allowable sign area. 23F.14 p ede~than Circulation. 23F. 14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width. 23F.14.02 WaLk'ways shall be provided on at least one side of the building and shall provide access between rear parking areas and Principal building entrances or the street. Unless otherwise noted in this ordinance, the minimum width for walkways shall be six (6) feet. 23F. 14.03 Neither sidewalks nor walk'ways shall be used by automotive traffic. 23F.14.04 Pedestrian access shall be coordinated with and provided to adjoining prope~es. 23F.15 Parking. 23F.15.01 23F.15.02 23F. 15.03 23F.15.04 23F.15.05 23F. 15.06 Parking areas shall be setback not leas than slx (6) feet beh/nd the From Build-to-Line. Parking areas shaI1 be located at the rear or side of buildings, and screened per Section 23F. 11.03. Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for' bumper overhang. Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and coordinated to accommodate pedes~an access. Paths within parking lots of more than three rows shall be designated to accommodate pedest~'iann safely from parking areas to sidewalks, walkways and/or building(s). Such paths may consist of striping. Bicycle parking shall be provided, one space per 100 feet of street frontage. 23F. 16 product Material & Refuse Storage. 23F. 16.01 Material or product storage shall occur within the Principal building or an Accessory building. 23F.16.02 Any Accessory Building for storage shall: Ordinance No. Z-444-04 7 12/03/2004 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 23F.16.03 A. Be architecturally compatible with the Principal building and integrated into the overall site layout. B. Be approved by the Commission. Any Accessory Building for storage or disposal of refuse shall: A. Accommodate waste aud recyclable materials, and, if applicable, grease or other cooking refuse. B. Be fully enclosed except for doors or gates which are kept closed unless loading or unloading. C. Be architecturally compatible with the Principal building and integrated into the overall site layout. D. Be approved by the Commission. 23F.17 Other Reouirements. All other requirements not mentioned in th/s Section shall remain as stated for that primary zoning classification district mapped. 23F.18 Sumet Provision~ This Chapter expkes December 31, 2006. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Ordinance No. Z-444-04 8 12/03/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-444-04 PASSED by the Common Council of the City of Carmel, Indiana this day of ,2004, by a vote of ayes and nays. COMMON COUNCIL FOR TIlE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fred Glaser, District 5 Joe Griffiths, District 4 Kevin Kirby, District 2 Brian Mayo, District 3 Mark Rattermama, At-Large Rick Sharp, District 1 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-444-04 9 12/03/2004 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Ordinance No. Z-444-04 Presented by me to the Mayor of the City of Carmel, Indiana this day of ~ 2004, at .M. Diana L. Cordray, IA/VIC, Clerk-Treasurer Ordinance No. Z-444-04 Approved by me, Mayor of the City of Carmel, Indiana, this __ day of ,2004, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel Plan Commission Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z-444-04 10 SPONSOR: COUNCILOR RATTERMANN ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ORDINANCE NO. Z-463-04 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Establishing the Carmel Drive - Range Line Road Overlay Zone Classification 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 Plan Commission has no recommendation regarding the rezoning of the real property, the property description and location map of Exhibit A, and which is illustrated in 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 the real property as being within the Carmel Drive - Range Line Road Overlay Zone 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. Ordinance No. Z-463-04 PASSED by the Common Council of the City of Cannel, Indiana this __ day of ,2004, by a vote of ayes and nays. Ordinance No. Z-463-04 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fred Glaser, District 5 Joe Griffiths, District 4 Kevin Kirby, District 2 Brian Mayo, District 3 Mark Rattermarm, At-Large Rick Sharp, District 1 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-463-04 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Ordinance No. Z-463-04 Presented by me to the Mayor of the City of Carmel, Indiana this day of ,2004, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-463-04 Approved by me, Mayor of the City of Carmel, Indiana, this __ day of ,2004 at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Adrienne Keeling Planning Administrator Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. Z463-04 3 Also known as Tax 16-09-25 -00-00-014.000 16-09-25-04-04-004.000 16-09-25-04-04-007.000 16-09-25-04-04-00'/.002 16-09-25-04-044)08.000 16-09-25-04-04-009.000 16-09-25-04-04-010.000 16-09-25-04-04-011,000 16-09-25-04-044) 12.000 l 6-09-25-04-04-013.000 164)9-25-044)4-014.000 16-09-25 - 16-03 -005.000 1 6.09-25-16-03-006.000 16-09-25-16433-007.000 [ 64)9-25-16-034)08.000 l 6-09-25-16-03 -009,000 164)9-25-] 6-03-010.000 16-09-25-16-03-011,000 164)9-25-16-03-012.000 16-09-25-16-03-013,001 1 6.09-25-16-04-002.000 16-09-25- l 6-04-003.000 16-09-36-00-00-013,000 1 6.09-36-00-00-016,000 16-09-36-00-00-017.000 164)9-36-00-00-018,001 I64)9-36-00-00-019.000 16-09-36-00-00-020.000 16-09-36-004)0-021.000 16-09-364)04)04)22.000 16-09-36-00-00-023.000 16-09-36-00-00-025.000 16-09-36-00-00-025,001 16-09-364)0-00-026,000 16-09-36-00-00-026.001 EXHIBIT A PROPERTY DESCRIPTION Parcel ID numbers: 16-09-36-004)0-027.000 16-09-364)0-00-028.000 16-09-36-00-00-029.0(10 16-09-36-00-00-030.000 16-09-36-004)04)31.000 16-09-36-00-004)45.000 ] 6-09-364)44)24)01.000 16-09-36-04-02-002.000 16-09-36.044)24)03.000 I6-09-36-04-02-005.000 ] 6-09-36-04-02-006.000 t 6-09-36-04-02 -006.001 16-09-36-04-02-007.000 16-09-36-04-02 -007.00 I 16-09-36-04-02-007.002 164)9-364)4-024)07,003 ] 6-10-30-004)0-028.000 16-10-30-03-01-020.000 ] 6-10-30-03-01-02[ .000 16.10-30-034)14)22.000 16-10-30-03-01-023.000 16.10-304)3-01-024,000 16-10-30-03-014)25,000 16-10-30-03-01-026.000 16-10-30-034)I-027.000 16-10-30-03-01-028.000 16-10-30-03-014)29.000 16-10-30-03-11-001.000 16-[ 0-30-03-] 1-002.000 16-I 0-30-03-11-003.000 16-10-30-03-11-004.000 16-10-31)-03 - 16-001.000 16-10-30-03-16.018.000 16.10-30-03 - l 6-019.000 ] 6-10-30-03-16-020.000 16-10-30-03 -164)2 1,000 l 6-10-30-03 - 16.022.000 16-10-30-03-16-023.000 [ 6-10-30-03 - 16-024,000 16-10-30-03-16-025.000 16-10-30-03-1 6.026.000 16-10-30-03-16-027,000 1 6.10-30-03-16-028.000 1 6.10-30-03-1 6.029.000 1 6.10-30-03-16-030.000 16-10-30-03-16-031.000 16-10-31-00-00-027.003 16-10-3 1-00-00-027.005 16-10-31-00-00-032.000 16-10-3 1-00-00-033.000 16-10-31-00-00-034.000 16-10-31-00-00-035.000 16-10-314)04)04)36.000 16-10-31-00-004)36.001 16-10-31-00-00-037.000 16-10-31-00-00-038,000 16-10-314)0-00-039.000 16-10-31-00-00-043.000 16-10-31-00-00-043.001 16-10-3 1-00-00-044.000 16-10-31-00 -00-045,000 16-10-31-004)0-046.000 16-10-31-00-00-047.000 16-10-31-00-00-048.000 16-10-314)0-00-049.000 16-10-31-00-00-050.000 16-10-31-00-00-051.001 16-10-31-00-01 4)01.000 16-10-31-00-01-001.001 16-10-31-00-01-001.002 Ordinance No. Z-463-04 4 16-I 0-314)0-01-001.003 1 6.10-31-00-02-001.000 16-10-3 1-014) 1-002.000 1 6.10-314) 1-0 1-003.000 16-10-3 l 4) 14)1 4)04.000 16 - 10-31-014)6.001.000 16-10-31 4)1-06-002 000 16-10-31 4) 1-06-003.000 16-10-31-01-07 -001.000 16-10-31 4) 1-07-017.000 16-10-3] -01-07-018.000 16-10-31-01-074) 19.000 16-10-31-014)7-020.000 16-] 0-31-01 4)8-001.000 16-10-31 4) [ -08-014.000 16- l 0-31-01-08-016.000 16-10-3 ! 4) 1-08-017.000 16-I 0-31 4) 1-08-018.000 16-10-31-01-08-019.000 16-10-31 4) 14)8-020.000 16-10-314) 1-124)01,000 16-10-31 4)] -124)16.000 16.10-314) I- 124)17.000 16- [ 0-31-01 - 15 -001.000 16-13-01 4)0-00-012.000 16-13 4)1-004)0-013,000 16-14-06-014) 14)02.000 EXHIBIT B LOCATION MAP Ordinance No. Z-463-04 5 PROPOSED Carmel Drive - Range Line Road Overlay District Boundaries 8/2/2004 PROPOSED Carmel Drive - Range Line Road Overlay District Boundaries 7/6/2004 Carmel Drive - Range Line Road Overlay District Zoning 08-03-2004