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HomeMy WebLinkAboutPacket 03-06-12Date: February 24, 2012 To: Subdivision Committee Members From: Adrienne Keeling Department of Community Services City of Carmel CARMEL PLAN COMMISSION MEMORANDUM- Re: March 6 Subdivision Committee meeting Docket No. 12010005 OA Enclosed is the information packet for the following item. If you have any questions, please give me a call at 571 -2417. Docket No. 10040014 OA: Patch Ordinance IX The applicant seeks to amend Subdivision Control Ordinance Chapter 3: General Provisions and Chapter 7: Open Space Standards for Major Subdivisions. The applicant also seeks to amend Zoning Ordinance Chapter 2: Compliance with the Regulations, Chapter 3: Definitions, Chapter 5: S -1 /Residence District, Chapter 20A: I- 1 /Industrial District, Chapter 21: Special Uses Special Exceptions, Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone, Chapter 25: Additional Use Regulations, Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations and Appendix A: Schedule of Uses. Filed by the Carmel Department of Community Services on behalf of the Carmel Plan Commission. Please refer to your information packet from the February 21 Plan Commission Hearing for a full summary of the proposed amendments. A couple of additions have been made since the Public Hearing, which are summarized below. A revised ordinance is enclosed which highlights the changes. ADDITIONAL AMENDMENTS 1. CHAPTER 20A: I -1 /INDUSTRIAL DISTRICT A reference to Section 28.01.08 was added to point to additional waiver provisions which apply to Industrial properties. 2. CHAPTER 23B: US HIGHWAY 31 CORRIDOR OVERLAY ZONE Amends planting standards language to be consistent with what is proposed in the Michigan Road Overlay. FOR COMMITTEE DISCUSSION: QUESTIONS RAISED BY PC MEMBERS 1. CCRC Definition: Should it be tied solely to Indiana Code? 2. Appendix A: Is there a better way to convey permitted uses for Overlay Zones? ONE CIVIC SQUARE Page 1 CARMEL, INDIANA 46032 317/571 -2417 2012 -0306; 12010005 OA PC Memo.rtf An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX) 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 Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance; and Section I: ORDINANCE Z- XXX -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 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 -701 the Common Council is authorized to amend the text of the Subdivision Control Ordinance; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the Carmel Zoning and Subdivision Control Ordinances are 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 and IC 36 -7 -4 -700 et seq. and after Docket No. 12010005 OA having received favorable recommendations from the Carmel Advisory Plan Commission on Tuesday, 2012, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160), as amended, to read as follows: SCO Chapter 3: General Provisions: a. Amend Section 3.07: Variance to read: 3.07 Vai4aneeSubdivision Waiver. The Plan Commission may authorize in specific eases such vari such waivers from the tom- standards of the Subdivision Control Ordinance as will not be contrary to the public interest, Sponsor: Councilor Rider provided that the spirit of the Subdivision Control Ordinance shall be observed and substantial justice done. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a varinnccwaiver, the Plan Commission shall determine that: 3.07.01 The grant of this wain will not be injurious to the public health, safety, morals and general welfare of the community-: 3.07.02 The use or value of the area adjacent to the property included in the proposed plat will not be affected in a substantially adverse manner,: Ordinance Z- -12 02/24/2012 DRAFT 1 OR MARCH 6 COMMITTEE MEETING 3.07.04 The strict application of the terms of the Subdivision Control Ordinance will difficulties in the preparation of the plat. result in practical SCO Chapter 7: Open Space Standards for Major Subdivisions: b. Amend the Chapter's introduction to read: The Open Space Subdivision design approach has been adopted to ensure a minimum amount of neighborhood open space is integrated within all Major Subdivisions. Open Space should be set aside for active or passive uses, and provide a network of open space. The open space requirements emphasize the protection of natural areas, such as flood zones and woodlands, but also allow for more structured open spaces, such as parks or squares, as well as for agricultural open space in the form of fields or pasture. Open space should be consistent with the goals, objectives and policies set forth in the Comprehensive Plan. ZO Chapter 2: Compliance with Regulations c. Amend Section 2.09: Compliance with the Thoroughfare Plan to read: 2.09 Compliance with the Theme- Transportation Plan. In addition to meeting requirements of Americans with Disabilities Act (ADA), aAll projects and Improvements or authorizations under the jurisdiction of this Ordinance that adjoin, include, are served by or affect existing streets bearing a designation en-in the T Transportation Plan shall conform to the requirements of the Thoroughfare Transportation Plan Section of the Comprehensive Pla: in regard to: (1) the dedication of public Rights -of -way; (2) design and construction of the improvements indicated by the Transportation Plan, including the Thoroughfare Plan and Bicycle Pedestrian Plan Maps, across the roadway frontage of the project; (3) Setback; and (4) any other affected development standards. The petitioner may elect to provide a monetary commitment equal to the value to otherwise design and construct the improvements indicated by the TTransportatio Plan across the roadway frontage. The value of the commitment shall be equal to the difference in the value to otherwise design and construct the improvements indicated by the 'rye- Transportation Plan across the roadway frontage, minus the cost to design and construct those improvements indicated by the Thoroughfare Transportation Plan across the roadway frontage that will be installed by the petitioner. The values established above shall be approved by the department of Engineering. Conformance with the Therenghfar-e—Transportation Plan as outlined above shall be in addition to any improvements deemed necessary by: (1) Subdivision Control Ordinance Chapter 5, Sections 5.03.05 and 5.05.02(3); (2) Zoning Ordinance Chapter 24, Section 24.02(B)(5)(e); and (3) Other applicable standards. ZO Chapter 3: Definitions: d. Amend the following definitions in Section 3.07: Definitions to read: COMMUNITY, CONTINUING CARE RETIREMENT (CCRC). Ordinance Z- #11# -12 2 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEETING See IC 16- 28 -15 -2. e. LOT COVERAGE, MAXIMUM. The entire Lot or parcel which can be developed (Buildings, principal or accessory; storage areas; driveways, parking lots and other accessory Uses). ZO Chapter 5: S- 1/Residence District: Amend Section 5.02: Special Uses Special Exceptions to read: 5.02 Special Uses Special Exceptions: A. B. See Appendix A: Schedule of Uses. See Chapter 21: Special Uses Special Exceptions for additional regulations. 5.02.01 Minimum Area Requirements: Use: Cemetery Commercial Greenhouse Day nursery Kindergarten Plant nursery 5.02.02 Other Requirements: Use Mineral extraction, borrow pit, top soil removal and their storage Minimum Area (Acres): Thirty (30) Ten (10) One (1) One (1) Ten (10) Other requirements: Minimum perimeter Natural Open Space buffer (as defined in X7.03.01 of the Subdivision Regulations) of 300 ft. when adjoining or abutting any residential use or district ZO Chapter 20A: I- 1/Industrial District: f. Add Section 20A.07: Landscaping Requirements as follows: 20A.07 Landscaping Requirements. See Section 26.04: Perimeter Buffering Requirements and Section 2#.01.05: Waivers. ZO Chapter 20G: OM/Old Meridian District: g. Add Section 20G.04.06.J as follows: The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties within the Old Meridian District. ZO Chapter 23F: Carmel Drive Range Line Road Overlay Zone: h. Add Section 23F.11.11 as follows: 23F 11.11 The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties in the Carmel Drive Range Line Road Overlay Zone. Ordinance Z- #0-12 3 02/242012 DRAFT FOR MARCH 6 COMMITTEE MEETING ZO Chapter 21: Special Uses Special Exceptions i. Amend Section 21.02.07: Time Limit to read: 21.02.07Time Limit. Any person to whom a Special Use or Special Exception is granted by the Board, under the procedures set forth in this chapter, shall have commenced continuous construction of said Special Use or Special Exception or implemented said Special Use or Special Exception within one ycarthree years of the date of the granting of the approval or said approval shall become null and void. Upon application to the Director before the expiration of said approval, and upon good cause shown, said approval may be extended for six (6) months. ZO Chapter 23B: US Highway 31 Corridor Overlay Zone j. Amend Section 23B. 10: Landscaping Requirements to read: 23B.10 Landscaping Requirements. 23B.10.01 Landscape Plan: A Landscape Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan shall: A. Be drawn to scale, including dimensions and distances; B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures; C. Delineate the location, size and description of all plant material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral /coordinated part of the Landscape Plan for the entire lot. 23B.10.02 Landscape Area Requirements: A. Greenbelt: (1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 23B.10.03(B). (2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces, bike paths, lighting standards, signs, and other similar structures (excluding a private parking area). Mounding and other innovative treatments are to be encouraged in this area. (3) A base planting unit for each one hundred (100) linear foot increment of the Greenbelt has been designated, as follows: (a) Five (5) shade trees; (b) Three (3) ornamental trees; (c) Fifteen (15) shrubs or, three (3) evergreen trees; B. Planting Strip: (1) A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to any Collector or Arterial Street, or Parkway right -of -way within the U.S. 31 Overlay Zone. (2) Adjacent to an Entry Drive: Minimum width ten (10) feet. (3) Adjacent to any parking area: Minimum width as follows. (a) five feet (5') wide when adjacent to business zoned property (b) fifteen feet (15') wide when adjacent to residential use or zoned property. (4) The planting strip shall be unoccupied except for plant material, steps, terraces, driveway and pathway crossings, lighting standards, signs, benches, and other similar structures. Ordinance 7- -12 4 02/24/2012 DRAFT I.OR MARCH 6 C °OMMITTEI' MEETING (5) The base planting unit for planting strips shall be as follows: (a) Adjacent to Parallel Collector /Arterial Roadways: For each one hundred (100) linear foot increment: (i) Three (3) shade trees (ii) Two (2) ornamental trees (iii) Ten (10) shrubs (b) Adjacent to entry drives: Same planting unit standards as for Parallel Collector /Arterial Roadways, above. (c) Adjacent to parking areas: per Section 26.04: Perimeter Buffering. C. Planting Adjacent to Buildings: (1) A planting area equal to an area measuring twenty -five (25) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed along building facades that face U.S. 31. (2) A planting area equal to an area ten (10) feet in depth by the remaining sides of the building shall be installed on all other sides of the building(s). (3) Spacing for foundation shrubbery shall not exceed five (5) feet intervals: except where occupied by a sidewalk, driveway or impervious surface. Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not occupy the entire planting area on any side of the building(s). If an approach driveway or sidewalk cuts into a planting area, the area displaced by the driveway or sidewalk shall be added to the building perimeter planting. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped, innovative and original designs are encouraged. D. Planting Within Parking Lots: A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking. -See Section 23B.10.03(B) for minimum planting area requirements. E. Side/Rear Yard Landscaping: Planting unit shall occur per Paragraph F below. F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Section 26.04: Perimeter Buffering. G. Total Landscaping Required: Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and the planting within parking lots, a minimum of fifteen percent (15 of the project area shall be landscaped. 23B.10.03 Landscaping Installation and Maintenance. A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: (1) Shade trees: two and one -half inch (2 caliper, a minimum height of eight (8) feet, and a branching height of not less than one -third (1/3) nor more than one -half (1/2) of tree height. (2) Ornamental trees: one and one -half inch (11/2") caliper a minimum height of six (6) feet, and a branching height of not less than one -third (1/3) nor more than one half (1/2) of tree height. (3) Evergreen trees: A minimum height of eight (8) feet (4) Deciduous shrubs: A minimum height of twenty -four (24) inches, and no less than six (6) main branches upon planting. Ordinance Z 12 5 02/24/2012 DRAFT 1 OR MARCH 6 COMMITTEE MEETING (5) Evergreen shrubs: A minimum height and spread of twenty -four (24) inches. B. The dimensions, specifications and design of any planting area or planting median shall be as follows: (1) Shade and ConiferTrees: nine (9) feet wideby nine (9) feet; (2) Ornamental Trees: seven (7) feet wideby seven (7) feet; (3) Shrubs (only): five (5) feet widehv five (51 feet. C. Landscaping materials selected shall be appropriate to local growing and climate conditions. D. Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping not yet installed, prior to the issuance of the Final Certificate of Occupancy. E. Maintenance: It shall be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with the Overlay Zone requirements. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. F. Changes After Approval: No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director in order to conform to specific site conditions. G. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file. 23B.10.04 Protection of Existing Trees: Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate them into the overall site design. The Landscape Plan must preserve not less than seventy percent (70 of all trees that are: A. nine -inch (9 DBH or larger, and B. located within the Greenbelt, Planting Strips and perimeter buffering. 23B.10.05 Waivers: The Plan Commission may grant a waiver to the dimensional and quantitative standards of this Section 23B.10, by not greater than thirty -five percent (35 consistent with requirements set forth in Section 23B.02(C). ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone k. Amend Section 23C.10: Landscaping Requirements to read: 23C.10 Landscaping Requirements. 23C.10.01 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as part of the ADLS application. This plan shall be drawn to scale, including dimensions and distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps for the handicapped, terraces, driveways, signs, lighting standards, steps, storm water facilities and other similar structures; and shall delineate the location, size and description of all landscape material and the method to be used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas and storm water areas shall be designed as an integral and coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the approval of the Commission. 23C.10.02 Areas to be Landscaped: 1. Greenbelt. The thirty (30) foot Greenbelt shall be composed of grass and landscape areas. The incorporation of walkways and bikeways into the design is encouraged; however, no Ordinance Z- 4t## -12 6 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE M! STING parking lots, through roads, buildings, accessory structures, etc. shall be established within this area. 2. Foundation Plantings. Foundation plantings shall be included along all sides of any building, with exceptions for appropriate approach driveways, pedestrian seating and pedestrian access to building entrances. Spacing for foundation shrubbery shall not exceed five (5) foot intervals; except where occupied by a sidewalk, driveway or other impervious surface. c. Foundation plantings shall extend the length of the building and shall be five (5) feet wide, except that when adjoining a parking area located in the front yard adjoining U.S. 421, the minimum width shall be ten (10) feet. 3. Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the Commission's Bufferyard Guidelines. 4. Parking Lots. Per standards specified below in Section 23C.10.03. 5. Screening Areas. All air conditioning units, HVAC systems, exhaust pipes or stacks, overhead doors, outside storage areas, and satellite dishes shall be integrated into the overall building design or screened from the U.S. Highway 421 right -of -way and adjoining residential zones or uses using walls, fencing, parapets, penthouse screens, landscaping, camouflage, or other approved method. 23C.10.03 Landscaping Standards 1. The -dimensions.--speeifie4tiens. and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum i dimensions for piefiting-areaseach tree shall be used: a. Canopy Shade and Conifc Trees: Nine (9) feet by Nine (9) feet; b. Ornamental Trees: Seven (7) feet by Seven (7) feet; c. Shrubs (only): Five (5) feet l7,y Five (5) feet. 2. All plant material proposed to be used in accordance with any Landscaping Plan shall meet the following specifications: a. Shade trees: a minimum trunk diameter of two and one -half (21/2) inches at six (6) inches above grade, a minimum height of eight (8) feet, and a branching height of not less than one -third (1/3) or more than one -half ('h) of tree height b. Ornamental trees: a minimum trunk diameter of one and one -half (11/2) inches at six (6) inches above grade, a minimum height of six (6) feet, and a branching height of not less than one -third (1/3) or more than one -half (1/2) of tree height c. Evergreen trees: a minimum height of eight (8) feet, and a width of not less than three -fifths (3/5) of the height. d. Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six (6) main branches upon planting, and a mature height no greater than thirty -six (36) inches. e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches. maximum mature height of thirty -six (36) inches. Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees, ornamental trees, shrubs, ground covers, grass, etc a. A minimum of three (3) shade trees and one (1) ornamental tree shall be provided per 100 linear feet of Greenbelt b. Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right -of- way shall be spaced neither less than fifteen (15) feet apart nor more than forty (40) feet apart. Ordinance Z-###-I 2 7 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEETING 23C.10.04 4. Foundation Plantings. The primary landscaping materials used adjacent to buildings shall be shrubs, ground covers, and ornamental grasses. 5. Parking Lots. a. Interior Landscaping. A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking. However, for buildings with parking areas located in a front yard, with frontage directly on U.S. 421, a minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every six (6) spaces provided, or not less than twenty -four (24) trees per acre of parking. b. Parking Lot Perimeter Planting. Where parking areas are located in the front yard, with frontage directly on U.S. 421, a six (6) foot wide perimeter planting area shall be provided along the front and sides of those areas. 1) The required planting unit for this area shall include: two (2) shade trees, three (3) ornamental trees, and thirty (30) shrubs per 100 linear feet. 2) The perimeter planting area shall be provided in addition to the Greenbelt area. c. Front and Side Parking. Parking areas within front and side yards shall be completely screened from view. Such screening shall be subject to Commission approval. Landscaping Installation and Maintenance 1. Installation. All landscaping approved as part of the Landscaping and/or Development Plan shall be installed prior to the issuance of a Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for an amount equal to the total cost of the required landscaping. 2. Maintenance. 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 Landscaping and Development 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. 3. Changes after Approval. No landscaping which has been approved by the 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 in order to conform to specific site conditions. 4. Inspection. The Director may visit any tract within the Overlay Zone to inspect the landscaping and check it against the approved plan on file. ZO Chapter 24: DP and ADLS Regulations 1. Amend Section 24.99: Procedures for Submission and Review to read: 24.99.0 Appeals 1. Authority The Commission may hear, review and determine appeals taken from any order, requirements, decision or determination made by a hicring OfficcrHearing Examiner or Committee authorized to approve the Development Plan or ADLS or any portion thereof. 2. Filing Deadline. All appeals shall be filed with the Director within five (5) days of the action to be appealed. 3. Appeal Procedure. a. Consultation with the Director and Application. Appellants shall meet with the Director in order to examine the nature of the proposed appeal, review the regulatory ordinances and Ordinance Z- -12 8 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEETING materials, and review the appeal procedures. The Director shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. b. Initial Review of the Application and Supporting Documents and Materials by the Director; Submission to the Commission. Following the receipt of the written appeal application and necessary supporting documents and materials by the Director, he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Director shall inform the appellant of the deficiencies in his materials. Unless and until the Director formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward Commission consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Commission agenda by the Director according to the Commission's Rules of Procedure. c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal application with the Commission, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Commission. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Commission. The conduct of the public hearing shall be in accordance with the Commission's Rules of Procedures. d. Approval or Denial of the Appeal by the Commission. Following the public hearing on the appeal, the Commission shall approve, approve with conditions, or deny the appeal. In exercising its powers, the Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the Hennng efficcrHearing Examiner or Committee from whom the appeal is taken. Upon reaching a decision on the appeal request, the Commission shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Commission shall inform the Director and the appellant of its decision, including all conditions contained as a part thereof. All further actions taken by the appellant or the Director concerning the item that was appealed, including the issuance of Improvement Location Permits, shall be subject to said ruling of the Commission. 4. Stay of Work. When an appeal from Hearing Examiner or Committee has been filed with the Commission, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless ear ng O"icecHearing Examiner or Committee from whom the appeal was taken shall certify to the Commission that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Commission or by a court of competent jurisdiction, on notice to Hearing OfficerHearing Examiner or Committee from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Director shall have full power to order such work discontinued or stayed and to call upon the police power of the City or County to give full force and effect to the order. ZO Chapter 25: Additional Use Regulations m. Amend Section 25.01: Accessory Buildings and Uses to read: 25.01 Accessory Buildings and Uses. 25.01.01: Residential Districts. A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely incidental to the uses allowed in a given district are permitted provided that: 1. Accessory Buildings and Uses shall not alter or change the character of the premises; Ordinance 7 -s 2 9 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEI:TING 2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they are accessory; 3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an allowable uniform and continuous roof supported by customary supports or joists, and no other connection or attachment between the structures exists; 4. Timing: a. No Accessory Building shall be constructed upon a lot until the construction of the Principal Building has actually commenced; and, b. No Accessory Building shall be used unless the Principal Building on the Lot is also being occupied for the intended purposes. c. However, nothing shall prevent the use of a Temporary Construction Facility for the storage of tools, material and equipment by a contractor during building construction; R. Height and Area Requirements. 1. Maximum Height. Eighteen (18) feet. 2. Minimum Lot Area. Per underlying zoning district. 3. Minimum Lot Standards. a. Minimum Front Yard. i. Except as otherwise provided for Corner and Through Lots, when detached from the Principal Building, Accessory Buildings shall be set back a minimum of the greater of the following: (a) twenty -five (25) feet behind the Front Line of Building; (b) twenty -five (25) feet behind the Building Setback Line. ii. On Corner Lots no residential Accessory Building may be erected: (a) forward of any Front Line of Building of the Principal Building, or (b) in any required Minimum Front Yard. iii. On Through Lots no Accessory Building may be erected: (a) forward of the Front Line of Building of the front facade of the Principal Building, or (b) in the required Minimum Front Yard located to the rear of the Principal Building. b. Minimum Side and Rear Yards. i. When more than ten (10) feet from a Principal Building, Accessory Buildings and Uses shall be set back a minimum of the greater of the following: (a) Five (5) feet, or (b) Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. (c) No fill from any excavation may be placed within the Easement. ii. When closer than ten (10) feet to a Principal Building, Accessory Buildings shall be considered as part of the Principal Building and shall be provided with the Side and Rear Yards required for the Principal Building. 4. Maximum Lot Coverage. The combined square footage of all Dwellings, Private Garages and Accessory Buildings on a given Lot shall not exceed thirty -five percent (35 5. Maximum Ground Floor Area. The combined square footage of the Ground Floor Area of a Private Garage and/or Accessory Building shall not exceed seventy -five (75) percent of the Ordinance Z- -12 I0 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEETING Ground Floor Area of the Principal Building, except that a detached garage, which is the only Accessory Building on the lot, may equal the maximum dimensions of twenty -four (24) by thirty (30) feet provided that the Ground Floor Area of the garage is less than or equal to the Ground Floor Area of the Principal Building. Lots over three (3) acres and Multi family shall be exempt from the requirements of this Section 25.01.01(B)(5). 6. Lighting. No lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1 Footcandle of light. C. Accessory Uses. 1. Exceptions. Accessory Uses such as public utility installations, private walks, driveways. retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature are permitted in any required Front, Side or Rear Yard. 2. Multi- family Districts. a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be screened with landscaping to a minimum height of dumpster and/or compactor plus two (2) feet. 3. Private radio and television reception and transmitting towers and antennas. a. Permitted subject to applicable local, state and federal regulations. b. No structure shall be located or permitted within ten (10) feet of a power transmission line. 4. Guest House. a. One (1) Guest House with cooking facilities may be permitted as an Accessory Building on Lots containing not less than one (1) acre. 5. Servants Ouarters. a. Quarters for bona fide servants employed by the occupants of the Dwelling are permitted. 6. Tennis courts. a. Shall be located only within a Side or Rear Yard. b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a height of sixteen (16) feet if such fences only enclose a regulation court area and standard apron areas. 7. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a minimum of three (3) feet from the alley easement or right -of -way line 8. Private Swimming Pool or Hot Tub. a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or equipment shall be set back a minimum of the greater of the following: i. Ten (10) feet from the Side and/or Rear Lot Line, ii. the Minimum Side and/or Rear Setback for the district, or iii. Easement plus three (3) feet, but not within any Easement or required landscaped or greenbelt area. iv. No fill from pool or hot tub excavation shall be placed within three (3) feet of any Easement. b. Safety. For purposes for safety, the following shall apply: i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the enforcing authority, that is not less than five (5) feet high completely surrounding the swimming pool and the deck area with exception of self closing and latching gates and doors, both capable of being locked; ii. Other Means. Other means not less than five (5) feet high and deemed impenetrable by the enforcing authority at the time of construction and Ordinance Z- #114-12 11 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEETING completely surrounding the pool and deck area when the pool is not used; and iii. Combination. A combination of Subsections (i) through (ii) that completely surrounds the pool and deck with the exception of self closing and latching gates and doors which are capable of being locked; or iv. Pool Cover. A safety pool cover may be used provided that: (a) there is a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; (b) it is mechanically operated by key or key and switch such that the cover cannot be drawn upon or retracted without the use of a key; (c) it is capable of supporting a four hundred (400) pound imposed load upon a completely drawn cover; (d) it is installed with a track, rollers, rails or guides; (e) it bears an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any. (f) that it is in compliance with the Indiana swimming pool code, 2d Edition, effective date September 13, 1989, as amended. 9. Raising of Hens. Hens shall qualify as a type of small animal permitted as a Residential Kennel, provided they are confined by a coop or similar Accessory Building. Properties with hens greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a Farm. ZO Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations n. Amend Section 26.04: Perimeter Buffering Requirements to read: 26.04 Perimeter Buffering Requirements. 26.04.01 The requirements of this Section shall apply to all Special Uses, Subdivision Plats, properties containing multi- family uses, and properties within all Business, Manufacturing, and Industrial districts, unless other buffer or perimeter planting standards are specified within an individual district or zone. 26.04.02Where required, perimeter buffering shall be located along the front, side and rear lot lines of a lot/parcel and shall extend the entire length of the front, side and rear lot lines. (a) Perimeter buffering shall be reduced to a Type A Bufferyard along the Frontage of a site where buildings are placed with their front door located within eighty -five (85) feet of a street right -of -way. (b) Perimeter buffering shall not be required along the Frontage of a site where buildings are placed with their front door located within twenty (20) feet of a street right -of -way. 26.04.03 Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the public right -of -way, per the Tables below. 26.04.04Perimeter buffering shall not be located within any portion of a dedicated public street right -of way, private street right -of -way, or County regulated drain easement. 26.04.05 Planting Strip and Greenbelt plantings, as required in other sections of the Ordinance, may be used to achieve perimeter bufferyard requirements. 26.04.8506 Existing vegetation may be used to achieve project buffering if: (a) the vegetation located upon the subject parcel is of a quality and state of health to achieve buffering, and, (b) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. (c) the dimensional requirements for bufferyard width can be fulfilled. Ordinance Z- -12 12 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEETING BUFFERYARD SINGLE FAMILY DUPLEX MULTI FAMILY ACTIVE RECREATION INSTITIUTIOAL OFFICE; RETAIL WAREHOUSE; LT. INDUSTRY HEAVY INDUSTRY COLLECTOR STREET PARKWAY (Prim. or Sec.) ARTERIAL (Prim. or Sec.) EXPRESSWAY OR INTERSTATE HIGHWAY SINGLE FAMILY DEVELOPMENT B C C D D D D D C D D D DUPLEX DEVELOPMENT C A C B B C C D B D D D MULTI FAMILY DEVELOPMENT C C B B B C C D C D D D ACTIVE RECREATION D B B A C C C C B D D D INSTITUTIONAL D B B C A A C C B D D D OFFICE; RETAIL D C C C A A C D B D D D WAREHOUSE; LT. INDUSTRY D C C C C C A B B D D D HVY. INDUSTRY D D D C C D B B B D D D BUFFERYARD MINIMUM YARD WIDTH FRONT SIDE REAR SHADE TREES ORNAMENTAL TREES SHRUBS* A 5' 10' 3 2 9 B 5' 10' 3 3 15 C 10' 20' 3 4 21 D 15' 25' 5 5 27 26.042;36 To determine the applicable bufferyard requirements: (a) Use the Table for Bufferyard Determination to identify the land use category of the proposed project use. (b) Use the Table for Bufferyard Determination to identify the land use(s) of the adjoining properties, or identify the street classification adjoining the proposed use by referring to the t4i t l Thoroughfare Plan of Cal owl Clay Township. (c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the Table for Bufferyard Determination. TABLE FOR BUt ERYARD DETERMINATION Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment. *Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three shrubs) ZO Chapter 31: General Provisions o. Amend Section 31.06.05: Rules Governing Commitments, because paragraphs 3, 4, and 5 are now superseded by IC 36 -7 -4 -1015, to read: 31.06.05 Rules Governing Commitments. 1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of Procedure, and must identify any specially affected persons or class of specially affected persons who may enforce the Commitment. A Commitment must authorize its recording by the Director in the Office of the Hamilton County Recorder. 2, Recording; Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder and takes effect upon the adoption of the proposal to which it relates. Following the recording of a Commitment, the Director shall return the original recorded Commitment to the owner and shall retain a copy of the recorded Commitment in the Commission's file. Ordnance Z-### 12 13 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE: MEETING P. 5. Rczonc Proposals; Automatic Tcfmination. Amend Section 31.08: Copy on File to read: 31.08 Copy Copies on File. Tv= 2) copies of the Zoning Ordinance and the Subdivision Control Ordinance- of the City of Carmel, Indiana, as they may be amended from time to time, shall be filed in the office of the Clerk Treasurer and shall be available for public viewing during normal office hours. The Clerk Treasurer shall also keep additional copies of these ordinances in the office for the purpose of sale or distribution. ZO Appendix A: Schedule of Uses q. Amend Appendix A: Schedule of Uses to read: SEE EXHIBIT A Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this day of 2012, by a vote of ayes and nays. Ordinance Z-### 12 14 01+242012 DRAFT FOR MARCH 6 COMMITTEE MEETING Overlay Zones auk 7 aSueli -1a lamp Icheck Primary Zonin, aauId awoH umo j p10 uu /IZ17 sn w w w w w uu!p!laW /I£ Sn w w ill w w w w KuA d 0 uoisi(ax Districts 101d Meridian Zones Gild/WO W 1A1/1A10 a. a a. a. a. a. a. yv /WO a a. a a. a. a. ns/WO CL a a a o /WO a. a. a. a. n1A1/1A/0 a. a. a a a. a a. a. a. a. a. a A/WO a a. is, a a. a, dW /WO VdS /WO a a. 1 a a. 1 d ins Z -D a 1 1:1- a. a.¢¢ a.¢¢ a. a. 1 -o a. a. a. a. a. a. a. a. -IN a. a. a. a. a. a. a. I -W a. Ins 1 -I a. a. a. a. 8-9 a. a Ins a. a. m LS a. o. a a. a. 9 -9 1: 0. a. a.¢ a. a. a. a. FIT S -g 0. 1:1-. Ins Ins Ins lns a. a. a. a. £-g ns a.a a. a. a. a. Z -g Ins a. a a. a. a. Cl. 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Q. a Ins Ins 1as Ins FIT Z -1 a. ns FIT 1 11 a, a rnw m a Ins m a Ins' m Type of Use (Residential Uses Smllant0 Ahmed algu!SI 'Two Family Dwelling 'Multiple Family Dwelling 'Accessory Dwelling 'Mobile Home Court 'Attached Dwelling 'Home Occupation 'Residential Kennel nut isel7icaiB tg pael (Model Home 'Guest House 'Bona Fide Servants Quarters 'Boarding or Lodging House I Nursing/Retirement/Convalescent Facility 'Continuing Care Retirement Community (CCRCt I 'Private Swimming Pool. etc. 'Office Uses 'Clinic or Medical Health Center 'Research laboratory Facility 'General Offices 'Professional Office aat soH 'Training Facility 1 'Institutional Uses lChurch/femple/Place of Worship MINIM MEE c�BO■o�� MINUS 6 a O NEM ■DD ■O REIM ■CCC= MOO= BINE MINE MUM MINN ■eye■■ ■o■o= mom ■0000■ MINIM MIME ■■e■ee O C tv uu ©uu ©u :u ©,•uuuui ©u ©u ©u, ©uuuu ©uuu•uuuuuuu, ©uuuu u,uuuu, ©uuu•uuuu, ©uui I, ©©1:1,I,111=©0 uu ©uuu ©©u ©11©,uu ©©0©©©©©u I!I!IHhIIIIHI!IIIIII!H I!IIIIIIIII1!IHIIII!IIl1 ■00000000001:1000000 ■o ■0000 ■o.00. ■.o.00.0000■ ■o ■o ■o 1��8110111111����10iI8�Al IMMIENEME 111111111111=11111111111111 111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIH 0 8 e 0 e E 0 U U C r C. 0 7 O s L 0. c 0 U a g E rn o 0 O Q a 0) d G 2 c S 01 C F s v v 0 U Gt wwwwwww wwwwww N En' S 3 O o e G a E •6 .01 •o s E n a d d d r E 3 S o D d 'o n a a a`t ea i s1 C V et o C '�S�Qysc 0 5 e 7 3 5 d v v O v o Y E 1 m S co J (7) in co U ti O E o E r 5 0 r7i o Z d c. 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Ins l ns ns a nsl ns Q ns ns aQ ¢aa a. a. ns a n a aQ ns ns a¢ a il. a s ns a. ns a a¢ ns ns aQ ¢ao as ns ns a aQ Ins a a a ns a ss Q ns ns a a a ns a ss Q IDS ns a a a ns a 3S Q ns ns a a c ns as ns ns a a c ns ns LS_ ns ns 3S It_11 ns ns ns as snoauegaasmi 'Artificial Lake or Pond (non platted) E d 'Historic Site I 'Temporary Uses i 1 A11113CJ U011aMSUODI l 'Display. Outdoor I awo1-1lapolnl! I iooPlno �IaSI f Ss, S Ouo Special ale Event easonal Outd tdor 'Transportation Communication Uses I t auu alt V !Collocated Antenna !Radio and /or Television Studio I Radio/felevision Transmission Antenna I Radio/felevision Transmission Tower iaMOj1 !Wireless Telecommunications Antenna' !Wireless Telecommunications Service Tower 2 'Motor Bus or Railroad Passenger Station I Private Airplane Landing/Service Facility !Private Helicopter Landing/Service facility !Commercial Parking Lot !Private Parking Area (Truck Stop 3 2 c 3 o O Cd a) W 0 0 0 E U c c o .0 3 3 0 a 9 N 7Q 0 0 .0 .S C C t7 N E C B a.) U c 2 C N N s o g O .0 C N a.) o E 3 a N 0 0 .S E ai E u c o U C 0 0 U 0 O U T N y N 0 0. W 2 0 0 E' .c r .0 3 c r 0 V O p N 0 h U n 0 7s Fo e U o 0 c N d o o ,0 u s 0 0 7 CO u O 2 COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2012, at .M. ATTEST: Approved by me, Mayor of the City of Carmel, Indiana, this day of 2012, at .M. Diana L. Cordray, IAMC, Clerk Treasurer Luci Snyder Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 Diana L. Cordray, IAMC, Clerk- Treasurer James Brainard, Mayor Ordinance Z- t## -12 15 02/24/2012 DRAFT FOR MARCH 6 COMMITTEE MEETING