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Packet 03-29-12
ONE CIVIC S City of Carmel CARMEL PLAN COMMISSION MEMORANDUM- Date: March 16, 2012 To: Subdivision Committee Members From: Adrienne Keeling Department of Community Services Re: March 29 Subdivision Committee meeting Docket No. 12010005 OA Enc osed s the informafon packet for the following item. If you have any questions, please give me a call at 571 -2417. Docket No. 12010005 OA: Patch Ordinance IX The appicant 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 6: S- 2/Residence District, Chapter 7: R -1 /Residence District, Chapter 8: R- 2/Residence District, Chapter 9: R -3 /Residence District, Chapter 10: R -4 /Residence District, Chapter 20A: 1 -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 contact me if you have any questions about the Patch items... ENCLOSURES: 1. Revised Ordinance /Appendix A with Committee revisions highlighted in yellow. 2. List of Waivable Standards in the Subdivision Control Ordinance. AMENDMENT SUMMARY: Most of the ordinance revisions are self explanatory based on the discussion at the last meeting: however, here are some which may warrant some explanation: 1. SCO, CHAPTER 3: GENERAL PROVISIONS Revised Section 3.06 of the Subdivision Control Ordinance, which previously contained an elaborate procedure for the consideration of amendments to the Subdivision Control Ordinance, by simplifying it and referencing State Code. Revised Section 3.07 which pre ;iously authorized variances from the Subdivision Control Ordinance. Moved wording from Section 7.14 to this section to properly address waivers and Page 1 CARMEL, INDIANA 46032 3' 7571 -24 list criteria for a waiver. Please see the attached Waivable Standards sheet, which lists all of the standards that are now "waivable" by the Plan Commission. 2. SCO, CHAPTER 7: OPEN SPACE STANDARDS Removed section 7.14 which addressed waivers from the Open Space Standards and moved it to Chapter 3: General Provisions so that it applies to all subdivision waivers and not just modifications of the open space requirements. 3. CHAPTER 3: DEFINITIONS CCRC: Instead of a simple reference to Indiana Code, the Committee would like to review the State's actual definition of CCRC and modify it, if necessary, into a definition for Carmel. This would allow Carmel to stick with a single definition without the possibility of our definition changing unknowingly at the hands of the State. 4. ZO CHAPTERS: 5 -10 (RESIDENTIAL DISTRICTS) Since density standards are no longer tied to the amount of open space provided in Subdivisions, it was suggested at the last meeting that the maximum density requirements be moved into each residential district of the Zoning Ordinance. This transfer into the Zoning Ordinance also forces increases in density to be reviewed as a Variance (BZA) or a Rezoning (PC Council), instead of a Plan Commission Waiver. 5. ZO CHAPTER 25: ADDITIONAL USE REGULATIONS, MAXIMUM LOT COVERAGE (Page 13) It was suggested that the Maximum Lot Coverage language regarding Accessory Buildings was in conflict with the Definition found in Chapter 3. We agree and have revised that section to refer to the Lot Coverage percentages for its underlying zoning district. 6. ZO CHAPTER 26: ADDITIONAL HEIGHT, YARD, LOT AREA BUFFERING A. Additional Yard Requirements (Page 14/15): This section references Relaxed Front Yard Standards which no longer exist. The amendment clarifies that there was previously reduced standards in the Subdivision Control Ordinance. B. Perimeter Buffering Requirements (Page 15): Detached single family subdivisions were removed from the reduced bufferyard provisions, as discussed and requested by members of the public. 7. APPENDIX A: SCHEDULE OF USES A sample page showing a few options how to lessen confusion of Overlay Permitted Uses. PUBLIC NOTICE SUMMARY: ORIGINAL NOTICE: 25 -day Notice for February 21 Subdivision Control Ordinance Chapters: Chapter 3: General Provisions Chapter 7: Open Space Standards for Major Subdivisions. Zoning Ordinance Chapters: Chapter 2: Compliance with the Regulations; Chapter 3: Definitions; Chapter 5: S- 1/Residence District; Chapter 20A: I -1 /Industrial District: ONE CIVIC SQUARE Page 2 CARMEL, INDIANA 46032 317/571 -2417 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; Appendix A: Schedule of Uses. SECOND NOTICE: 25 -day Notice for March 20 Zoning Ordinance Chapters: Chapter 20G: Old Meridian District; Chapter 23B: U.S Highway 31 Corridor Overlay Zone: Chapter 23F: Carmel Drive Range Line Road Overlay Zone; Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage Regulations; Chapter 31: General Provisions. THIRD NOTICE: 10 -day Notice for March 20 (Requires Rules Suspension) Zoning Ordinance Chapters: Chapter 6: S -2 /Residence District; Chapter 7: R -1 /Residence District: Chapter 8: R -2 /Residence District; Chapter 9: R -3 /Residence District; Chapter 10: R- 4/Residence District. ONE CIVIC SQUARE Page 3 2012 -0329; 12010005 OA; Patch IX Committee Memo.docx CARMEL, INDLANA 46032 317/571-2417 37 38 39 40 41 42 43 44 45 46 47 2 3 ORDINANCE Z- XXX -12 Sponsor: Councilor Rider 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE 5 CITY OF CARMEL, INDIANA 7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX) 8 WHEREAS. pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7- 10 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by 11 resolution a comprehensive plan for the geographic area over which it has jurisdiction: and 12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was 13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18. 2008, and 14 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, ind is therefore 15 the official Comprehensive Plan of the City of Carmel and Clay Township; and ?h WHEREAS, the City wishes io maintain an orderly, consistent and streamlined Zoning Ordinance; 17 and 18 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 19 text of the zoning ordinance; and 20 WHEREAS, pursuant to Indiana Code 36-7 -4 -701 the Common Council is authorized to amend the 21 text of the Subdivision Control Ordinance: and 22 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, 23 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Cannel City 24 Code: 25 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel. 26 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 12010005 OA 2` having received favorable recommendations from the Carmel Advisory Plan Commission on Tuesday. 28 2012. it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance 29 (Ordinance No. Z-289. as amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160). 3 'i as amended,10 read as follows: 31 Section I: 32 33 SCO Chapter 3: General Provisions: 34 35 a. Amend Section 3.06: Amembnents to the Subdivision Ordinance to read: 36 3.06 Amendments to the Subdivision Ordinance. Pursuant to I.C. 36 -7 -4 -701. the Subdivision Control Ordinance shall_ be adopted. amended. or revealed in the same manner as the ZoninL Ordinance 1 0€+01 Any per 1 :jt_in) of .,t _,tt)ir.,tn n n)av ei, I review 01 the 1-.' to snail f-= r€ Mile rice." i t ik at ion ar i-r -inat 'ri ncbcess u'j --l4 l+cii 11 1h n auto 1. opi *i1 --iht-y.4i+'1 #tli rti n e N+ -.such ►sect. ao sulpw iI tlt ii ►i and tt~ttrtc.rt'tls- and )1 a„pn fee. as indicated m S.xtton- 29.6 fit the: Z.rrr)i) 4)rdinttnec. to-- 4.144-- guikhi Ordinance Z- 03/16/2012 DRAFT R )R MARCH 29 SUBDIVISION COMMITEE MEETING 1 I 4 4G !73 1 o -k e receipt o1 tilt'. ATI lie l+ alililie 2 3 4 and rcgttl to he forwarded tit the C):)iunits,i -en; If the materials tiu i- ni.UeU by the applicant are -not 5 complete-or do not c'ttnipl_y w al file nLtessary IN ill r v-1- ce+l+ents, rhi Bui Ming -Co tnissio' r ;h kwm the t icii 1;� 'ays of the FS e mitre :i� +Is. of tl r i. iii I-- tl+alelatils. 6 ill w�riti)le m 7 1hiless and until the Building Commissioner ft he-applic- atitin as complete and in legal 8 clnipliii++ee. it shall not-he considered- as Iirrinilly Tiled for the Mitt osc of 11roceL'rli+ig --I+l sureeeding` step.; 9 necessary to iirlleikl the Subdivision Control ()r +littance u- 1lefeittafter seI --f+ to Within-thirty Zfl) (lays of the 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 he "t t 11)4 days -prior -iile -lie public 3tearing. t =°carry, the aplihcan+- -:hall also wanly-nil irony girl i+httttittr-ptr wnei he C +)n i issitttl llf+ll -hold the public hcafing according to its rttles- of-pf t +re. lt+;4i5 Following-the public }baring on i the t itiancc utttefi4144€441_ {Minn. the (i frrlission.- withlf It -live (45)-days-oktlietublie4teafithall review the 41ropo, ndr eni otii14n d the-applioation-tibil shall notify the-applicant in writing of any fuffllet -chi melt are regired +w 4 n: rrt btftsre a recomiticnr ttitm +in the amendment +Ip-p i-e tiin- ear --he- 'i n Vitli lurty-fivc (45 of tile- reeeip t -3,06,06 At its next meeting --lt k the receipt -of the C'fltniii iistoH iejltlri. the City (_mot +ttcil shall fake aC -!inn on the C'n [Mil it sio1) report. 14 the ('oR mmission r; emwtei thiliuti i {die C' Council R Vie` tt} �ti=t 11re31)0tietl-- i1-)+{ellt111lCllt {t? -he Sulx4ivi iiiii- Ctrcilnance if an affirmative vote is obtained. l[ t e (.o* )i rcctlniltiel++laIIfrn is Ire .o{ive. the Ci4y Council may approve the prol)r s- .mil -tine afthwnt to the Sub 1i k -s Ordinance if ni fftr71'kilttvt'- vote -of at ICrlst.-Se-i=enl-1f-- five- 11erctnt t75 c4 1 (if the members of the t{-y- 4_'o++l-tr -il- .s till l Ili i+ Ordinance Z-4#44- 12 03/16/2012 DRAFT FOR MARCH 29 S1'BDIVISION COMMITEE MEETING 9 1. The proposal shall be in harmony with the purposes and the land -use standards contained in the 1O Comprehensive Plan. 11 2. The proposal shall enhance the subdivision plan. the central core area, the streetscapes. and the 12 neighborhoods, or at least not he any less desirable than the plan that could he created in conformance 13 with this Ordinance. 14 3. The tro oral shall not produce Lots or street systems that would he impractical or detract from the 15 appearance of the subdivision plan, and shall not adversely affect emerv.encv vehicle access or deprive 16 adjoining noncommercial properties of adequate light and air. 17 4. The applicant shall demonstrate that the proposed waiver will produce equal or better results, from the 18 Commission's perspective. and represent the minimum waiver necessary. 19 20 3.07.03 If the Commission determines that the applicant has met his /her burden. it may grant a waiver under 21 this section. As a condition of granting a waiver, the Commission may allow or require a commitment 22 to he ma t he applicant under I.C. 36 -7 -4 -1015. 23 24 25 26 27 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 b. Amend Section 3.07: Variance to read: 2 3.07 "eWaivers. 3 4 3.07.01 Pursuant to I.C. 36 -7 -4 -702, the Commission may. after a public hearing. waive any of the standards 5 fixed in this Ordinance. However. in terms of modifying any quantitative or dimensional requirement 6 (lot area. width. setbacks. etc.). such modification may not be greater than thirty -five percent (35q 7 8 3.07.02 Any approval to grant a waiver shall be subject to the following criteria: Qrdinaice hzt}l- he—o1-1-served and n +ijl ju tice doter.- In de +dirs- ,g-- 'itther 1.4 not the i aw+ sre d suffitient-pfeef-to-perntii t1 g r=at+ta -fw of i u ti t 4A4o ins sign shall -deter+tttrte I-tta 28 3#37 #Tll�; t 29 ray 30 .4.07.02 The use -i r- vttltte -of the fired alt t-tr prate i.._•4tttl d in t t l� -�r�a mat -tea+ he caf{t<titcd in a 31 ahstan1i iIIy ttd' ersc matt 32 33 looraIN g 4 the SCO Chapter 7: Open Space Standards for Major Subdivisions: c. Amend Chapter 7 Introduction, Section 7.00 through 7.02 to read: 7.00 Subdivision Open Space Design. 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. Ordinance Z- -12 3 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING RESIDENCE DISTRICT PER ZONING ORDINANCE) STANDARD OPEN SPACE REQUIREMENT (SOSR) FO Q t r IFYI Vf SUBDIALISION rr otire) S -1 15% rO 8 -2 20% R -1 20% 2-9 R -2 20% 3,9 R -3 25% 5.0 R -4 25% 8:0 R -5 25% 12.0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 22 23 24 25 26 27 28 29 30 31 7.0001 7. 7.00.01 a. ;si neii. 7.000 Minor subdivisions shall be exempt from the requirements of this Chapter. 7.90.0.= Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the requirements of this Chapter. Exemptions. Subdivision Rase= L)eTityOpen Space Requirements. i ;te 44.4 y �x'F -I+h 1 The percentages in the following table refer to the percentage of a subdivision's gross site acreage which must be devoted to open space as defined in this Chap 7.O �.i 16 d. Amend Section. 7.14: Modifications as follows: 7.14 Medfi4. unassiRued 17 18 19 7.14.01 lhc -(omm sii n may. alki a i uh'rl-it heafin. permit ll fm- }d- i1 -1 im4)1 the pri nTT er. 20 14f Eying any dimensional re H-In t= wid sus. etc.). such 21 motrp'r;=ic; unn m wy he rei ter than thirt fe pt- tat (35`4 7 4O2- r;TRlalat ra ti nn lifi o ha11 l e�:►ah ec1 m-the Iktllo tritcri t: 4 0 he in harmony with the -1' i the land tf e in tk�- s- ('1a<tlate -1 }lN- }ti+s�ai:#I -tit9 ..ems.'^'-' =ir� t �lirH *te —irisn. he et i• 1 ap nikt --Ihe a.. tl, te- rrt-it+ -1 he alee,k .tti4e- lute itit z $4d h- t.. lt d T lu rxtyhmrl -.txr4l »rsr <^r ,fr&CI ,ysIt m'. thr+t•- :ri+rrl«I ti: -m the e .if:; I--4 .r+h+I -r:4. ti4a. °,r w.4-- „.R=- ,11e1r Ettki.•et .•ntct tnry ■chu•Ir ...cam• 4 _-h r t -ei_+ 4^rr+i`++r7 I: tht' eritliedfrt--4,41. F 1. n attt i -*p. 6e61.—xili pradn;_z 32 7 t r r t 011 -a otai ss+s: a; i:xs that the al l --laas filet his /her r .nom v tratil a mothficaiion oI 33 l-1w retlkaiie -refls of 1Iii *t 44t-i'. h eranlin tlk }dilicaloons. the--(' mm','aon may impose such 34 t ;;fat will. in iis -jndgiifernl. se'ure et+i- a ;m- el-plffp ne=: -t -thi' ['hatpter. 35 Ordinance Z44l4 -12 4 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING l 2 ZO Chapter 2: Compliance with Regulations 3 e. Amend Section 2.09: Compliance with the Thoroughfare Plan to read: 4 2.09 Compliance with the llie o '.fa Transjortation Plan. 5 In addition to meeting; requirements of Americans with Disabilities Act (ADA). aAll projects and Improvements 6 or authorizations under the jurisdiction of this Ordinance that adjoin, include, are served by or affect existing 7 streets hearing a designation f1-he ,444 Transportation Plan shall conform to the requirements of 8 the "{+icirott0 =tre-Transportation Plan Section of the Comprehensive Plan in regard to: 9 (1) the dedication of public Rights -of -way: 10 (2) design and construction of the improvements indicated by the T4 i ht Transrortation 11 Plan. ua iutlir g -t 1'norolighfare Plan and iledeN4riaii Plan Maps. across the 12 roadway frontage of the project: 13 (3) Setback; and 14 (4) any other affected development standards. 15 The petitioner may elect to provide a monetary commitment equal to the value to otherwise design and 16 construct the improvements indicated by the 'fie- Transportation Plan across the roadway frontage. 17 The value of the commitment shall he equal to the difference in the value to otherwise design and construct the 18 19 improvements indicated by the Transportation Plan across the roadway frontage. minus the cost to design and construct those improvements indicated by the i;+- Transportation Plan across the 20 roadway frontage that will be installed by the petitioner. The values established above shall be approved by the 21 department of Engineering. 22 Conformance with the 1Tans ortation Plan as outlined above shall be in addition to any 23 improvements deemed necessary by: 24 (1) Subdivision Control Ordinance Chapter 5, Sections 5.03.05 and 5.05.02(3); 25 (2) Sot 17., onirt e Ordinartre Chapter 24, Section 24.02(B)(5)(e): and (3) Other applicable standards. 26 27 28 ZO Chapter 3: Definitions: 29 f. Amend the following definitions in Section 3.07: Definitions to read: 30 31 COMM['NITY, ('ONTINUING CARE RE; (CCRC). tr ace i t> or level., o f k t u 32 Fe-pr: 4--toi-indtteardeat living. 1- 11-Ying, rct�l i i 33 n are, It ernn inc:Itrde- iependent apa ;:}led (IT attachM ca=*t,tges. and =nu ini. 34 35 A health care facility that 1 provides inde endent livinc services and health facilit services in a cam.. us 36 settin15 with common areas: (2) holds continuing care agreements with at least twent -five percent (253 37 of its residents (as defined in IC 23 2 4- (3) uses the mone the agreements described in 38 subdivision 2 to 42 provide services to the resident before the resident may be elivible for Medicaid under IC 12 39 d -a -1- i ()VE -RA tae- pere,evttagc of the lot arcu covered- hy--ih 15: and (4) meets the re uiremcnts of IC 23 -2 -4. 40 41 n Area. 43 LOT COVERAGE. MAXIMUM. The entire erccntaQe of the Lot or parcel which can he developed (Buildings, 4 4 principal or accessory: storage areas; driveways, parking lots and other accessory Uses). 45 46 47 48 49 5': ZO Chapter 5: S -1 /Residence District: Ordinance Z- N#4/-12 5 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION f UMMI•rEE MEETING 1 2 3 4 5 6 22 23 24 25 26 27 28 29 30 Amend Section 5.01: Permitted Uses to read: 5.01 Permitted Uses: 5.01.01 See Appendix A: Schedule of Uses. 5.01.02 Maximum Density: For a residential subdivision 1.0 Tots /acre. (s S ii- u.. (Y)am 7: Op*'n ,tiprwe .Standards for Major rl +t�.sirrrt,v} 20 6.01 Permitted Uses: 8 h. Amend Section 5.02: Special Uses Special Exceptions to read: 9 5.02 Special Uses Special Exceptions: 1„ A. See Appendix A: Schedule of Uses. I B. See Chapter 21: Special Uses Special Exceptions for additional regulations. 2 13 5.102.01 Minimum Area Requirements: Use: Minimum Area (Acres): Cemetery Thirty (30) Commercial Greenhouse Ten (10) Day nursery One (I Kindergarten One (1) Plant nursery Ten (10) 5.02.02 Other Requirements: 17 98 ZO Chapter 6: S -2 /Residence District: 19 i. Amend Section 6.01: Permitted Uses to read: Mineral extraction. borrow pit. top soil removal and their storage 21 6.01.01 See Appendix A: Schedule of Uses. 6.01.02 Maximum Density: For a residential subdivision. 2.4 lots /acre. ZO Chapter 7: R -1 /Residence District: Use Other requirements: Minimum perimeter Natural Open Space buffer (as defined in X47.03.01 of the Subdivision Regulations) of 300 ft. when adjoining or abutting any residential use or district. Ordinance Z- -12 6 03/1612012 DRAFT FOR MARCH 29 SUBDIVISION C1 )MMrrEE MEETING Amend Section 7.01: Permitted Uses to read: 2 7.01 Permitted Uses: 3 7.01.01 See Appendix A: Schedule of Uses. 4 7.01.02 Maximum Densit For a residential subdivision. 2.9 lots /acre. 5 6 7 8 ZO Chapter 8: R -2 /Residence District: 9 k. Amend Section 8.01: Permitted Uses to read: I0 8.01 Permitted Uses: 11 12 13 14 15 16 17 18 19 20 21 22 2 24 25 26 27 28 29 30 3 1 32 44 45 tit r►�t Regul tions. C h a/ th- ifi-1 -f H 8.01.01 See Appendix A: Schedule of Uses. ZO Chapter 9: R -3 /Residence District: Amend Section 9.01: Permitted Uses to read: 9.01 Permitted Uses: 9.01.0I See Appendix A: Schedule of Uses. 9.01.02 Maximum Densit For a residential subdivision. 5.0 lots /acre. 8.01.02 Maximum Density: For a residential subdivision, 3.9 lots /acre. laes .itv reyu iu r =�risions shall he regulated hi se t--n 0ar the amount (if open e— idcd. (,rte S t ion-; ccg„' Chapter ()pc, Htfe :Stanelitrrl.ti ri4t1 1 vosion.8) ZO Chapter 10: R -4 /Residence District: m. Amend Section 10.01: Permitted Uses to read? 10.01 Permitted Uses: 10.0 1.01 See Appendix A: Schedule of Uses. 10.01.02Maximum Densit For a residential subdivision. 8.0 lots /acre. •i, sha14 -1c re u-1,ttcd on a h.dit- -malt has d upon the an;• --o-t often Slide isee Sul i. ttlation Plapflipei I Spare Siantiati48 ict}rzr 28.01.08: Wuin'ers. 23F.11.11 The Perimeter Buffertiard Requirements in Chapter 26 shall perties in the Carmel Drive Range Line Road Overlay Zone. 42 ZO Chapter 23F: Carmel Drive Range Line Road Overlay Zone: 43 p. Add Sectb Jn 23F.11.11 as follows ZO Chapter 20A: I 1/Industrial District: 3 3 n. Add Section 20A.07: Lcndscaping Requirements as follows: 34 20A.07 Landscai ina Requirements. See Section 26.04: Perimeter Bul/erine Requirements and Section 35 36 37 ZO Chapter 20G: OM/Old Meridian District: 38 0. Add Section 20G.04.06.J as follows: 39 I "f he Perimeter Buffervard Requirements in Chapter 26 shall not apply to properties within the Old Meridian 40 District. 41 Ordinance Z-## 12 7 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 1 ZO Chapter 21: Special Uses Special Exceptions 2 q. Amend Section 21.02.07.• Time Limit to read: 3 21,02,07Time Limit. Any person to whom a Special Use or Special Exception is granted by the Board, under the 4 procedures set forth in this chapter. shall have commenced continuous construction of said Special Use or 5 1 Special Exception or implemented said Special Use or Special Exception within one ycarthree years of the date 6 of the granting of the approval or said approval shall become null and void. 7 Upon application to the Director before the expiration of said approval, and upon good cause shown. said 8 approval may be extended for six (6) months. 9 10 ZO Chapter 23B: US Highway 31 Corridor Overlay Zone 11 r. Amend Section 23B.10: Landscaping Requirements to read: 12 23B.10 Landscaping Requirements. 13 23B.10.01 Landscape Plan: A Landscape Plan shall be submitted to the Plan Commission for its approval at the 14 same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan 15 shall: 16 A. Be drawn to scale. including dimensions and distances; 17 B. Delineate all existing and proposed buildings, private parking areas, walks. ramps for 18 handicapped, terraces, drive -ways, signs. lighting standards. steps and other similar structures; 19 C. Delineate the location, size and description of all plant material and the irrigation system for 20 all planting areas. Landscape treatment for plazas, roads, paths, service and private parking 21 areas shall be designed as an integral /coordinated part of the Landscape Pia.' for the entire 22 lot. 23 23B.10.02 Landscape Area Requirements: 24 A. Greenbelt: 25 (1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in 26 width and landscaped per the requirements of See/ion 23B.10.03(B). 27 (2) The Greenbelt shall be unoccupied except for plant material, steps, walks. terraces, 28 hike paths, lighting standards. signs, and other similar stntctures ,excluding a private 29 parking area). Mounding and other innovative treatments are to be encouraged in 30 this area. 31 (3) A base- planting unit for each one hundred (100) linear foot increment of the 32 Greenbelt has been designated. as follows: 33 (a) Five (5) shade trees: 34 (b) Three (3) ornamental trees: 35 (c) Fifteen (15) shrubs or, three (3) evergreen trees; 36 B. Planting Strip: 37 (1) A planting strip, minimum width shall be ten 10) feet, shall be provided adjacent to 38 any Collector or Arterial Street, or Parkway right -of -way within the U.S 31 Overlay 39 Zone. 40 (2) Adjacent to an Entry Drive: Minimum width ten (10) feet. 41 (3) Adjacent to any parking area Minimum width as ollows: 42 (a) five feet (5') wide when adjacent 1 business zoned property. 43 (b) fifteen feet (15') wide when djacent o residential use or zoned property. 44 (4) The planting strip shall be unoccupied except for plant material, steps, terraces, 45 nveway and pathway crossings, lighting standards signs, benches, and other 46 similar struc ures. 47 The base planting unit for planting strips shall be as follows: Ordinance 7_- -12 8 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 1 (a) Adjacent to Parallel Collector /Arterial Roadways: For each one hundred 2 (100) linear foot increment: 3 (i) Three (3) shade trees 4 (ii) Two (2) ornamental trees 5 (iii) fen (10) shrubs 6 (b) Adjacent to entry drives: Same planting unit standards as for Parallel 7 Collector /Arterial Roadways, above. 8 (c) Adjacent to parking areas: per Section 26.04: Perimeter Buffering. 9 Planting Adjacent Planting j' �c,nt to Buildings: 10 (1) A planting area equal to an area measuring twenty -five (25) feet in depth by the 11 width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on 12 both sides) shall be installed along building facades that face U.S. 31. 13 (2) A planting area equal to an area ten (10) feet in depth by the remaining sides of the 14 building shall be installed on all other sides of the building(s). 15 (3) S:acing for foundation shrubbery shall not exceed five (51 feet intervals_ except 16 where occupied by a sidewalk, driveway or impervious surface. 17 Sidewalks up to eight (8) feet in width may be permitted in these areas. but shall not 18 occupy the entire planting area on any side of the building(s). 19 If an approach driveway or sidewalk cuts into a planting area, the area displaced by 20 the driveway or sidewalk shall be added to the building perimeter planting. 21 (`46) These adjacent planting areas need not be rectangular in shape as long as the 22 required amount of space is landscaped; innovative and original designs are 23 encouraged. 24 1). Planting Within Parking Lots: 25 A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot 26 for every nine (9) .spaces provided, or not less than eighteen (18) trees per acre of parking.-See 27 Section 23B.10.03(B) for minimum planting area requirements. 28 E. Side/Rear Yard Landscaping: Planting unit shall occur per Paragraph F below. 29 F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Section 30 26.04: Perimeter Buffering. 31 G. Total Landscaping Required: 32 Inclusive of the Greenbelt, the planting adjacent to the building(s). the Greenbelt Buffers. and 33 the planting within parking lots, a minimum of fifteen percent (15%) of the project area shall 34 be landscaped. 35 23B.10.03 Landscaping Installation and Mainteunce. 36 A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet 37 the following specifications: 38 (1) Shade trees: two and one -half inch (21/2") caliper. a minimum height of eight (8) feet. 39 and a branching height of not less than one -third (1/3) nor more than one -half /z) of 40 tree height. 41 (2) Ornamental trees: one and one -half inch (11/2") caliper a minimum height of six (6) 42 feet. and a branching height of not less than one -third (1/3) nor more than one -half 43 ('h) of tree height. 44 3) Evergreen trees: A minimum height of eight (8) feet 45 4) Deciduous shrubs: A minimum height of twenty -four (24) inches. and no less than 46 six (6) main branches upon planting. 47 (5) Evergreen shrubs: A minimum height and spread of twenty -four (24) inches. Ordinance Z- -12 9 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 1 2 3 4 5 6 7 8 9 10 1' 13. The dimensions, specifications and design of any planting area or planting median shall be as follows: (1) Shade and Conife Trees: nine (9) feet ,lebv nine (9) feet; (2) Ornamental Trees: seven (7) feet deby seven (7) feet: (3) Shrubs (only): five (5) feet .'47 five t51 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. 12 L. Maintenance: It shall be the responsibility of the owners and their agents to insure 13 maintenance of project landscaping approved in accordance with the Overlay Zone 14 requirements. This is to include, but is not limited to. irrigation and mulching of planting 15 areas. replac'ng dead, diseased, or overgrown plantings with identical varieties or a suitable 16 substitute. and keeping the area free of refuse, debris, rank vegetation and weeds. 17 Changes After Approval: No landscaping which has been approved by the Commission may 18 later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the 2 Director in order to conform to specific site conditions. 21 G. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway 22 31 Overlay lone to inspect the landscaping and check it against the appnved plan on file. 23 23B.10.04 Protection of Existing Trees: 24 Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate 25 then into the overall site design. The Landscape Plan must preserve not less than seventy percent 26 (70 of all trees that are: 27 A. nine -inch (9' DBH or larger. and 28 B. located within the Greenbelt, Planting Strips and perimeter buffering. 29 23B.10.05 Waivers: 30 The Plan Commission may grant a waiver to the dimensional and quantitative standards of this Section 31 23B.10. by not greater than thirty -five percent (359; consistent with r quirements set forth in .Ser ~ion 32 23B.02(C). 33 34 ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone 35 s. Amend Section 230.10: Landscaping Requirements to read: 36 23C.10 Landscaping Requirements 37 23C.10.01 Landscaping Plan. The applicant s ,all submit a Landscaping Plan to the Commission as part 38 of We ADLS application. This plan shall be drawn to scale, including dimensions and distances: shall 39 delineate all existing and proposed structures. private parking areas. walks, ramps for the handicapped, 40 terraces. driveways, signs, lighting standards, steps. storm water facilities and other similar structures: 41 and shall delineate the location. size and description of all landscape material and the method to be 42 used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths. 43 service and private parking areas and storm water areas shall be designed as an integral and 44 coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the 45 approval of the Commission. 46 23C.10.02 Areas to be Landscaped: 47 1. Greenbelt. The thirty (30) foot Greenbelt shall be composed of grass and landscape areas. 48 The incorporation of walkways and bikeways into the design is encouraged; however. no 49 parking lots, through roads. buildings. accessory structures. etc. shall be established within 5 {1 this area. Ordinance ##-12 10 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 20 21 22 23 24 25 26 27 28 2 3 4 Foundation Plantings. a. Foundation plantings shall be included along all sides of any huilding, with excep f or a pro priate a nroach drivewa s. pedestrian seatin j and pedestrian access to building entrances. 5 b. Spacing for foundation shrubbery shall not exceed five (5) foot intervals: except 6 where occupied by a sidewalk. driveway or other impervious surface. 7 c. Ilie to inine;�, a:; ��f tie plar ,.�1 (5 r+Feet- Foundation plantines 8 shall extend the Ieneth of the building and shall be five (5) feet wide. except that 9 when adjoining a parking area located in the front yard adjoining U.S. 421. the 11) minimum width shall be ten (10) feet. 11 3. Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the 12 Commission's Bufferyard Guidelines. 13 4. Parkin Lots. Per standards specified below to Section 23C.10.0i. 14 5. Screening Areas. All air conditioning units. IIVAC systems, exhaust pipes or stacks, 15 overhead doors, outside storage areas. and satellite dishes .shall he integrated into the overall 16 huilding design or screened from the U.S. Ilighway 421 right -of -way and adjoining 17 residential zones or uses using walls. fencing. parapets. penthouse screens. landscaping. 18 camouflage, or other approved method. 19 23C.1ts.t)3 Landscaping Standards 2 The dimensions and design of any planting area or planting median shall be ufficient to protect the landscaping materials planted therein and to provide for proper growl h. The following minimum dimensions for l.l:ir:! each tree or shrub shall he used: a. t -=ESa. -y-Shade and Conifer Trees: Nine (9) feet by Nine (9) feet: h. Ornamental Trees: c. Shrubs (only): Seven (7) feet by Seven (7) feet; Five (5) feet by Five (5) feet. All plant material proposed to be used in accordance with any Landscaping Plan shall meet the following specifications: 29 a Shade trees: a minimum trunk diameter of two and one -half (21/2) inches at six (6) 30 inches above grade. a minimum height of eight (8) feet, and a branching height of 31 not less than one -third 1/3) or more than one -half (1/2) of tree height. 32 Ornamental trees: a minimum trunk diameter of one and one -half (11) inches at six 33 (6) inches ,above grade, a minimum height of six (6) feet. and a branching height of 34 not less than one -third (1/3) or more than one -half (1/2) of tree height. 35 c Evergreen trees: a minimum height of tight (8) feet, and a width of not less than 36 three fifths (3/5) of the height. 37 d. Deciduous shrubs: a minimum height of eighteen (18) inches. no less than six (6) 38 main branches upon planting. and a mature height no greater than thirty -six (36) 39 inches. 40 e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches. maximum 41 mature height of thirty -six (36) inches. 42 3 Greenbelt. The primary landscaping materials used in the Greenbelt shall he shade trees. 43 ornamental trees, shrubs. ground covers. grass, etc. 44 a A minimum of three (3) shade trees and one (1) ornamental tree shall be provided 45 per 100 linear feet of Greenbelt. 46 b. Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right -of- 47 way shall be spaced neither less than fifteen (15r feet apart nor more than forty (40) 48 feet apart. 49 4. Foundation Plantings. The primary landscaping materials used adjacent to buildings shall be 50 shrubs. ground covers. and ornamental grasses. Ordinance Z- 4# 41-12 11 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION ('OMMiTEE MEETING 1 5. Parking Lots. 2 a. Interior Landscaping. A minimum of one (1) shade tree and five (5) shrubs shall he 3 planted within each parking lot for every nine (9) spaces provided. or not less than 4 eighteen (18) trees per acre of parking. 5 However, for buildings with parking areas located in a front yard, with frontage 6 directly on U.S. 421, a minimum of one (1) shade tree and five (5) shrubs shall be 7 planted within each parking lot for every six (6) spaces provided, or not less than 8 twenty -four (24) trees per acre of parking. 9 b. Parking Lot Perimeter Planting. Where parking areas are located in the front yard. 10 with frontage directly on U.S. 421, a six (6) foot wide perimeter planting area shall 11 he provided along the front and sides of those areas. 12 I) The required planting unit for this area shall include: two (2) shade trees. 13 three (3) ornamental trees. and thirty (30) shrubs per 100 linear feet. 4 2) The perimeter planting area shall be provided `n addition to the Greenbelt 15 area. 1f, c. Front and Side Parking. Parking areas within front and side yards shall he i7 completely screened from vsew. Such screening shall be subject to Commission 18 approval. 19 23('.10.04 Landscaping Installation and Maintenance 20 1. Installation All landscaping approved as part of the Landscaping and /or Development Plan 21 shall be installed prior to the issuance of a Certificate of Occupancy by the Department. If it 22 is not possible to install the required landscaping because of weather conditions, the property 23 owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for an 24 amount equal to the total cost of the required landscaping. 25 26 27 28 29 30 31 32 33 34 35 4, Inspection. The Director may visit any tract within the O■ erlay Zone to inspect the 36 landscaping and check it against the approved plan on file. 37 38 ZO Chapter 24: DP and ADLS Regulations 39 t. Amend Section 24.99: Procedures for Submission and Review to read: 40 24.99.0 Appeals 41 42 43 44 45 46 47 48 49 50 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 identica° varieties or a suitable substitute. irrigation and mulching of planting areas, and keepi'rg the area free of refuse, debris, rank vegetation and weeds. 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. i. Authority. The Commission may hear. review and determine appeals taken from any order, requirements. decision or determination made by a t4e -iiig _-",T;cerHearina Examiner or Committee authorized to appro\e the Development Plan or ADLS or any portion thereof. 2. Filing Deadline. All appeals shall be filed with the Director within th.J -4 -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 materials. and re► iew the appeal procedures. [he Director shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two Ordinance Z-#4#1- 12 12 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 2 3 b. Initial Review of the Application and Supporting Documents and Materials by the Director: 4 Submission to the Commission. Following the receipt of the written appeal application and 5 necessary supporting documents and materials by the Director. he shall then review the 6 materials solely for the purpose of determining whether the application is complete, is in 7 technical compliance with all applicable ordinances. laws and regulations and is to he 8 forwarded to the Commission. If the materials submitted by the appellant are not complete, or 9 do not comply with the necessary legal requirements, the Director shall inform the appellant 10 of the deficiencies in his materials. Unless and until the Director formally accepts the appeal 11 application as complete and in legal compliance it shall not be considered as formally filed for 12 the purpose of proceeding to the succeeding steps toward Commission consideration of the 13 appeal as hereinafter set forth. The application is formally filed when it is placed upon the 14 Commission agenda by the Director according to the Commission's Rules of Procedure. 15 c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal 16 application with the Commission. he shall assign a docket number and set a date and time for 17 a public hearing as required by the Rules of Procedure of the Commission. The appellant 18 shall be responsible for the cost and publication of the required published legal notification of 19 the public hearing. The appellant shall also notify all interested parties and property owners 20 as required by the Rules of Procedure of the Commission. The conduct of the public hearing 21 shall be in accordance with the Commission's Rules of Procedures. 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 53 (2) copies of the written application form and all necessary supporting documents and materials. cf. Approval or Denial of the Appeal by the Commission. hollowing 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 affirin. 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 Ilearin:c Examine= 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. shat: be subject to said ruling of the Commission. 4. St !.:y of Work. When an appeal from t- H -rt. 4.41'+ +Hearin, 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 (lfticrHearin[z Examiner or Committee from whom the appeal was taken shall certif 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 t le,arilw 4t-Fie- Hearing 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 u. Amend Section 25.01: Accessory Buildings and Uses to read: 49 25.01 Accessory Buildings and Uses. 50 25.01.01: Residential Districts. 51 A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely 52 incidental to the uses allowed in a given district are permitted provided that: I Accessory Buildings and Uses shall not alter or change the character of the premises: Ordinance Z- #441•12 13 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMI1EE MEETING 2 3 3. Accessory Buildings shall not be attached to the Principal Building. with the exception of an 4 allowable uniform and continuous roof supported by customary supports or joists. and no 5 other connection or attachment between the structures exists: 6 4. Timing: 7 a. No Accessory Building shall be constructed upon a lot until the construction of the 8 Principal Building has actually commenced: and. 9 h. No Accessory Building shall be used unless the Principal Building on the Lot is also 10 being occupied for the intended purposes. 11 c. IIowever. nothing shall prevent the use of a Temporary Construction Facility for the 12 storage of tools. material and equipment by a contractor during building 13 construction: 14 13. ".Ieight and Area Requirements. 15 1. Maximum Ileight. Eighteen (18) feel. 16 2. Minimum Lot Area. Per underlying zoning district. 17 3. Minimum Lot Standards. 18 a. Minimum Front Yard. 19 i. Except as otherwise provided for Corner and Through Lots, when detached 20 from the Principal Building. Accessory Buildings shall he set hack a 21 minimum of the greater of the following: 22 (a) twenty -five (25) feet behind the Front Line of Building: 2 (b) twenty -five (25) feet behind the Building Setback Line. 24 ii. On Corner Lots no residential Accessory Building may be erected: 25 (a) forward of any Front Line of Building of the Principal Building, or 26 (b) in any required Minimum Front Yard. 27 iii. On Through Lit% no Accessory Building may be erected: 28 (a) forward of the Front Line of Building of the front facade of the 29 Principal Building, or 30 31 32 h. Minimum Side and Rear Yards. 33 34 35 40 41 42 43 44 45 1 3. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they are accessory: (h) in the required Minimum Front Yard located to the rear of the Principal Building. 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: 36 (a) Five (5) feet, or 37 (h) Easement plus three (3) feet, but not within any Easement or 38 required landscaped or greenbelt area. 39 (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 he provided with the Side and Rear Yards required for the Principal Building. 4. Maximum Lot Covera e.. zoning district or applicable Overlay Gone. Ordinance Z-###-12 14 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 1 aril 1)iteilirt4- Pritiale C:arrt es -and Per underlying 1 5. Maximum Ground Floor Area. The combined square footage of the Ground Floor Area of a 2 Private Garage and /or Accessory Building shall not exceed seventy -five (75) percent of the 3 Ground Floor Area of the Principal Building. except that a detached garage, which is the only 4 Accessory Building on the lot. may equal the maximum dimensions of twenty -four (24) by 5 thirty (30) feet provided that the Ground Floor Area of the garage is less than or equal to the 6 Ground Floor Area of the Principal Building. Lots over three (3) acres and Multi- family 7 Residential shall be exempt from the requirements of this Section 25.01.01(B0). 8 9 6. Lighting. No lighting shall cause Illumination at or beyond any Lot Line in excess of 0.1 Footcandlc of light. 10 Accessory Uses. 11 1. Exceptions. Accessory Uses such as public utility installations, private walks. driveways. 12 retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature 13 are permitted in any required Front, Side or Rear Yard. 14 2. Multi family Districts. 15 a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be 16 screened with landscaping to a minimum height of dumpster and /or compactor plus 17 two (2) feet. 18 3. Private radio and television reception and transmitting towers and antennas. 19 a. Permitted subject to applicable local, state and federal regulations. 20 b. No structure shall be located or permitted within ten (10) feet of a power 21 transmission line. 22 4. Guest House. 23 a. One (1) Guest House with cooking facilities may be permitted as an Accessory 24 Building on Lots containing not less than one (1) acre. 25 5. Servants Quarters. 26 a. Quarters for bona fide servants employed by the occupants of the Dwelling are 27 permitted. 28 6. Tennis courts. 29 a. Shall he located only within a Side or Rear Yard. 30 h. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a 31 height of sixteen (16) feet if such fences only enclose a regulation court area and 32 standard apron areas. 33 7. Private Garage. Where a Private Garage is entered from an Alley, it must he set back a 34 minimum of three (3) feet from the alley easement or right -of -way line. 35 8. Private Swimming Pool or Hot Tub. 36 a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or 37 equipment shall he set back a minimum of the greater of the following: 38 i. Ten (10) feet from the Side and /or Rear Lot Line, 39 ii. the Minimum Side and /or Rear Setback for the district, or 40 iii. Easement plus three (3) feet, but not within any Easement or required 41 landscaped or greenbelt area. 42 iv. No fill from pool or hot tub excavation shall be placed within three (3) feet. 43 of any Easement. 44 h. Safety. For purposes for safety, the following shall apply: 45 i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the 46 enforcing authority, that is not less than five (5) feet high completely 47 surrounding the swimming pool and the deck area with exception of self 48 closing and latching gates and doors, both capable of being locked; Ordinance 7_- -12 15 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 1 ii. Other Means. Other means 1101 less than five (5) feet high and deemed 2 impenetrable by the enforcing authority at the time of construction and 3 completely surrounding the pool and deck area when the pool is not used: 4 and 5 iii. Combination. A combination of Srthseetions (i) through (ii) that completely 6 surrounds the pool and deck with the exception of self- closing and latching 7 gates and doors which are capable of being locked; or 8 iv. Pool Cover. A safety pool cover may be used provided that: 9 (a) there is a continuous connection between the cover and the deck. 10 so as to prohibit access to the pool when the cover is completely 1 drawn over the pool: 12 (b) it is mechanically operated by key or key and switch such that the 13 cover cannot be drawn upon or retracted without the use of a key; 4 (c) it is capable of supporting a four huhdred (400) pound imposed 5 Toad upon a completely drawn cover: 16 (d) it is installed with a track, rollers, rails or guides: 17 (e) it hems an identification tag indicating the name of the 18 manufacturer, name of the installer. installation date, and 19 applicable safety standards. if any. 20 (f) that it is in compliance with the Indiana swimming pool code, 2d 21 Edition, effective date September 13. 1989. as amended. 22 9. Raising of Hens. Hecs s'.>all qualify as a type of small animal permitted as a Residential 23 Kennel, provided they are confined by a coop or similar Accessory Building. Properties with hens 24 greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a 25 Farm. 26 2' ZO Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations 28 v. Amend Section 26.02.07 in Additional Yard Requirements to read: 29 26.02 Additional Yard Requirements. 30 31 32 33 34 40 26.02.07 Required Front Yards in residential districts shall be devoted entirely to landscaped area except for Frontage Places. guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Subdivision rltilis s1} which utilized relaxed Front Yard standards per V+ =rir«m 70 previously ,prescribed in the Residential Open Space Ordinance of the Subdivision Control Ordinance shall be as follows: 35 A. Dwelling with attached. front loading garage: Twenty (20i feet. 36 Garage must he set hack a minimum of twenty -five (25) feet. 37 B. Dwelling with attached. side loading garage: Fifteen (15) feet. 38 Garage must be set hack a minimum of twenty -five (25) feet. 39 Dwelling with attached. rear loading: or detached. alley access garage: Ten (10) feet. 41 w Amend Section 26.04: Perimeter Buffering Requirements to read: 42 26.04 Perimeter Buffering Requirements. 43 26.04.01 the requirements of this Section shall apply to all Special Uses. Subdivision Plats. properties 44 containing multi family uses, and properties within all Business. Manufacturing, and Industrial 45 districts, unless other buffer or perimeter planting standards are specified within an individual district 46 or lone. 47 48 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. Ordinance Z- -12 16 03./1612012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2't 29 30 31 32 he Fronta of a site where huildirms. except in detached single-family subdivisions. are placed with their front door located within eiA____Lity±fiyel (b) Perimeter buffering shall not be required alone the Fronta e of a site where buildings are placed with their front door located within twenty (20) feet of a street right -of -way. 6 26.04.03 Where residential or other buildings hack onto a public thoroughfare, buffer plantings shall occur 7 outside of the public right -of -way. per the Tables below. 26.04.04Perimetcr 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 St i) and Greenbelt f�lantinws. as required in other sections of the Ordinanceshall count toward perimeter buffervard requirements. 26.04. Of, 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 he preserved using accepted hest management practices for tree protection during construction. t c) the dimensional requirements for buffervard width can be fulfilled. 26.04.; 4107 To determine the applicable hufferyard requirements: (a) Use the Table for Buffe'vard Determination to identify the land use category of the proposed project use (h) Use the Table for /uffer Determination n► to identify the land use(s) of the adjoining properties. or identify the street classification adjoining the proposed use by referring to the 4414it4-44.14f4R+Transportation Plan-of Cannel Clay Townshir. Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the Table for Buffer yard Determination. TABLE FOR BUFFERYARD 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. Ordinance Z4# 12 17 03/1612012 DRAFT FOR MARCH 29 SUBDIVISION C'OMMIIEE MEETING SINGLE FAMILY DUPLEX L A.ULTI-FAMILY ACTIVE RECREATION INSTITIUTIOAL OFFICE; RETAIL WAREHOUSE; LT. INDUSTRY HEAVY INDUSTRY COLLECTOR STREET PARKWAY (Prim. or Sec.) ARTERIAL (Prim. or Sec.) EXPRESSWAY OR INTERSTAB' TE 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 0 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 0 C C C A A C D B D D D I WAREHOUSE; LT. INDUSTRY D C C C C C A B B D D D 1 HVY. INDUSTRY D D D C C D B B B D D D 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2't 29 30 31 32 he Fronta of a site where huildirms. except in detached single-family subdivisions. are placed with their front door located within eiA____Lity±fiyel (b) Perimeter buffering shall not be required alone the Fronta e of a site where buildings are placed with their front door located within twenty (20) feet of a street right -of -way. 6 26.04.03 Where residential or other buildings hack onto a public thoroughfare, buffer plantings shall occur 7 outside of the public right -of -way. per the Tables below. 26.04.04Perimetcr 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 St i) and Greenbelt f�lantinws. as required in other sections of the Ordinanceshall count toward perimeter buffervard requirements. 26.04. Of, 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 he preserved using accepted hest management practices for tree protection during construction. t c) the dimensional requirements for buffervard width can be fulfilled. 26.04.; 4107 To determine the applicable hufferyard requirements: (a) Use the Table for Buffe'vard Determination to identify the land use category of the proposed project use (h) Use the Table for /uffer Determination n► to identify the land use(s) of the adjoining properties. or identify the street classification adjoining the proposed use by referring to the 4414it4-44.14f4R+Transportation Plan-of Cannel Clay Townshir. Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the Table for Buffer yard Determination. TABLE FOR BUFFERYARD 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. Ordinance Z4# 12 17 03/1612012 DRAFT FOR MARCH 29 SUBDIVISION C'OMMIIEE MEETING BUFFERYARD MINIMUM YARD mull! FRONT SIDE REAR SI IADE 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 2 3 ZO Chapter 31: General Provisions w X. Amend Section 31.06.05: Rules Governing Commitments, because paragraphs 3, 4, and 5 are now 5 superseded by IC 36- 7- 4- 101.5, to read: 31.06.05 Rules Governing Commitments. 7 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 9 may enforce the Comniittnent. A Commitment must authorize its recording by the Director in the 0 Office of the Hamilton County Recorder. 2. Recording; Copies. A Commitment shall be recorded in the office of the Hamiton County Recorder 12 and takes effect upon the adoption of the proposal to which it relates. Following the recording of a 13 Commitment. the Director shall return the original recorded Commitment to the owner and shall retain 14 a copy of the recorded Commitment in the C'ommission's file. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 y. 32 33 34 35 36 37 38 39 40 SLE EXHIBIT A 41 42 1 *Bergreen trees may substitute in lieu of shrubbery. on a 1:3 basis (1 conifer equals three shrubs) owner ol the parcel, and any oilier person who acquires a *ritunii!mem is binding on a snbscquent owner of the parcel or a person acquiring an intere i-- in-the j4I1.e! only if the subscqucin owner or person acquiring- the interest has actual notice of +he Commitment. Rezone Proposals; Automatic Termination. A automatically tcrnzinates if a the adoption of the proposal to which it relates: a. the lone map applicable to the parcel is changed: or the parcel is tlesignated as a Piam>id Unit D:+ elapine-at District tinder this Awing Ordinance. Amend Section 31.08: Cope on File to read: 31.08 Cor#Cooies on File. A certiti.d cop Two (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 he 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 z. Amend Appendix A: Schedule of Uses to read: Ordinance Z- ##II -12 18 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COMMITEE MEETING 1 wee,o filed 1 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are 2 hereby repealed. 3 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the 4 Mayor. 5 6 PASSED by the Common Council of the City of Carmel. Indiana this day of 7 2012. by a vote of ayes and nays. 8 9 Ordinance Z- #4/41 -12 19 03/16/2012 DRAFT FOR MARCH 29 SUBDIVISION COM Mr1EE MEETING 0 0 UMOZ P10 ue Sfl uetpuaw /1 Sfl XemliLd auoisda)I }1S and /wo ww /wo w /wo ns /wo o /wo 11111111111MMMB■ ©100001111001 •111 110001111001 0II000UIIUUiii •III ©I000IIIIIIii 101111112011111111 11111111111111111 nw /wo dw /wo I 1 d Z 1 w I w I I 8 8 L 9 S 8 8 Z EI I S 11 V Z 11 1 11 z s 1 s 101:110 ■t ■t0 ■t0 ■11 11111111111111811 0 O aun aueg -1Q 1aui.m j 3 0 O u E E C4' x m d m -o i% M m m z U a E y WAIVABLE STANDARDS CONTAINED IN THE SUBDIVISION CONTROL ORDINANCE: SCO Section Description 5.07.02 Completion of infrastructure 6.03.01 Street jogs 6.03.04 Street stubs 6.03.05 Connection to street stubs 6.03.06 Street widths 6.03.07 Cul -de -sac streets 6.03.08 Alleys 6.03.09 Intersections 6.03.10 Corners 6.03.12 Intersections 6.03.14 Frontage roads 6.03.15 Arterial streets 6.03.15 Feeder streets 6.03.15 Residential streets 6.03.15 Cul -de -sac streets 6.03.16 Wide streets reversed curves 6.03.16 Narrower streets reversed curves 6.03.16 Short, narrow streets reversed curves 6.03.17 Arterial streets 6.03.17 Feeder streets 6.03.17 Cul -de -sac streets 6.03.18 Streets 6.03.20 Private, residential streets 6.03.21 Points of access 6.03.22 Accel /decel and passing lanes 6.03.24 Frontage places 6.03.24 Frontage places 6.03.24 Frontage places 6.03.24 Frontage place access points 6.03.24 Frontage places 6.03.24 Hammerheads 6.03.24 Hammerheads 6.03.24 Hammerheads 6.03.24 Hammerheads 6.03.24 Hammerheads 6.03.24 Hammerheads 6.03.24 Frontage places 6.03.24 Frontage places 6.03.25 Alleys residential 6.03.25 Alleys commercial 6.03.25 Alleys residential 6.03.25 Alleys commercial 6.03.25 Alleys 6.03.25 Alleys 6.03.25 Alleys 6.03.25 Alleys 6.03.26 Gates private streets Standard 4 years maximum 150 feet minimum offset Required Required Conform to Transportation Plan 600 feet maximum length Paved to City standards 75 degrees minimum 20 feet minimum radius of arc 2 streets maximum Required next to railroad /highway ROW 500 feet minimum radius of curvature 400 feet minimum radius of curvature 150 feet minimum radius of curvature 100 feet minimum radius of curvature 100 feet minimum tangent 50 feet minimum tangent No minimum tangent 6% maximum grade 8% maximum grade 3% maximum grade 1/2 minimum grade Prohibited 2 minimum Required 18 feet minimum width 20 feet minimum width of planting strip Fences prohibited in planting strip 250 -600 feet distance between 250 feet minimum distance from intersections 16 feet minimum width 20 feet minimum width of planting strip Fences prohibited in planting strip 50 feet minimum width at end 5 Tots maximum to be accommodated Paved to City standards 20 feet minimum width of ROW Paved to City standards 12 feet pavement width 16 feet pavement width 16 feet ROW width 20 feet ROW width 600 feet maximum length Terminate at streets Parking prohibited on alley Paved to City standards Accessible for pedestrians and bikes WAIVABLE STANDARDS CONTAINED IN THE SUBDIVISION CONTROL ORDINANCE: SCO Section Description 6.03.26 Gates private streets 6.03.26 Gates private streets 6.03.26 Gates private streets 6.03.26 Gates private streets 6.03.26 Gates private streets 6.03.26 Gates private streets 6.03.26 Gates private streets 6.03.27 Gates private streets 6.04.01 Blocks 6.04.01 Crosswalks 6.05.01 Lots 6.05.03 Through lots 6.05.07 Lots 6.06.01 Utility easements 7.04.01 Open space 7.04.01 Open space 7.05.01 Public wellheads 7.05.04 Floodways /fringe areas 7.05.05 Wetlands 7.05.06 White River Greenway 7.05.07 Woodlands, Mature 7.05.07 Woodlands, Young 7.05.07 Woodlands, Scub 7.05.08 Opportunity Corridors 7.05.09 Historic sites 7.06.03 Natural open space 7.06.03 Natural open space 7.06.03 Natural open space 7.08.01 Agricultural open space 7.08.02 Agricultural open space 7.09.01 Squares 7.09.01 Squares 7.09.01 Squares 7.09.01 Squares 7.09.02 Parks 7.09.02 Parks 7.09.03 Greens 7.09.03 Greens 7.09.03 Greens 7.09.04 Boulevards 7.09.04 Boulevards tree lawns 7.09.04 Boulevards multipurpose paths 7.09.05 Greenbelts 7.09.06 Planting strips 7.09.07 Trails conservation easeme t 7.09.08 Paths conservation easement 7.09.08 Paths conservation easement 7.09.08 Paths pavement 7.09.08 Paths pavement Standard 60 feet minimum stacking area outside Turnaround area required outside School bus pick -up area required Emergency access required Overhead obstructions prohibited Power supplied at all times Prohibited between US 31 and Keystone Wooden walls /fences prohibited 250 -1500 feet length 800 feet maximum distance between 50 feet minimum frontage at ROW Prohibited (except where required) Must face thoroughfares 20 feet minimum width of ROW 1000 feet maximum distance from each lot Structures prohibited 200 feet minimum area to be protected Must be preserved Must be preserved 100 feet minimum buffer strip 15% maximum to be cleared 30% maximum to be cleared 50% maximum to be cleared Must be integrated into Open Space Must be preserved 1/2 acre minimum area 75 feet minimum width 2 access points minimum 5 acres minimum area 50% maximum share of Open Space 10,000 square feet maximum area 75 feet minimum width 2 sides must have streets Must be improved 10,000 square feet minimum area 90 feet minimum average width 40,000 square feet minimum area 150 feet minimum average width 3 sides must have streets or house facades 10 feet minimum width 10 feet minimum width 10 feet minimum width 100 feet minimum width 15% maximum share of Open Space 30 feet m :nimum width 15 feet minimum width 10:1 length to width ratio 4 :nches minimum depth 5 fee' minimum width WAIVABLE STANDARDS CONTAINED IN THE SUBDIVISION CONTROL ORDINANCE: SCO Section 7.09.09 7.09.10 7.10.01 7.10.02 7.10.02 7.10.03 7.10.04 7.14.01 8.02.01 8.02.01 8.02.02 8.02.02 8.02.02 8.02.02 8.02.04 8.02.04 8.02.04 8.08 8.09.01 8.10.02 8.10.03 Description Golf courses Ponds Conservancy lots Conservancy Tots front setback Conservancy lots front setback Conservancy lots Conservancy lots Open space Monuments Monuments Monuments, street Monuments, street Monuments, street Monuments, street Markers Markers Markers Curbs and gutters Sidewalks Fire hydrants Street lights Standard 50% maximum share of Open Space Pct. not bounded by lots max. share of Open Space 5 acres minimum area 200 feet for primary structures 225 feet for accessory structures 50% area that may contribute to Open Space 50% maximum share of Open Space 35% maximum allowed modification Stone or concrete composition 4 x 4 x 36 inches minimum dimensions Brass, iron or steel composition 24 inches length 1/2 inch minimum diameter 1 1/2 inch minimum diameter of head Iron pipe or steel bar- composition 36 inches minimum length 5/8 inch minimum diameter Conform to City standards 5 feet minimum width Conform to City standards Required (alternative: residential dusk -to -dawn lights)