HomeMy WebLinkAboutCorrespondence
.
e
Memorandum
To: Lois Fine
From: Angie Conn
Date: 1/19/2005
Re: Carmel Drive/Range Line Road Rezone and Text Amendment
Z-463-o4 and Z-444-o4
These two Plan Commission Certifications are for your records only. These two Z-ordinance will not
be reappearing in front of the Common Council. They are only to show that the rezone and text
as amended by the Common Council, received favorable recommendation by the Plan
1
Ordinance No." Z-463-04
NOTICE T'O TAXPAYERS
CARMEL, INDIANA
NOTICE OF PUBLIC: HEARING
TO REZONE PROPERTY
ALONG RANGE LINE ROAD AND CARMEL DRIVE
Z-463-04
, "
Notice is herebY.given to the taxpayers of the City of Carmel and Clay Township, Hamilton County, Indiana,
that-the proper legal officers of the City, of Carmel will meet at their regular meeting place, Council Chambers,
Carmel City Hall, One Civic Square, Carmel, IN 46032, at 7:00 p.m. on Monday, the 6th day of December,
2004, to consider the rezone application (Carmel/Clay Plan CornmissioI1Docket No. 04080048 Z of the City
of Carmel Department of Community Services) to rezon~ properties generally located along Range Line Road
and Carmel Drive, (commonly known:as the Carrhel Drive - Range Line Road Overlay). The properties are
located along Range Line Road and Carmel Drive in Clay Township, Hamilton County, Indiana.
Please note that this item was previously scheduled for October 15th.
Taxpayers appearing at the meeting shall have the right to be heard.
Diana L. Cordray,
Clerk- Treasurer
November 5, 2003
2004-1105; 2-463-03; council notice
NELSON,
&
", FRANKENB,ER(}ER
APROFE'SSIONALCO~ORATION
'ATTORNEYS AT LAW
, J~S J. NELSQN
:: C,ijARLES' 'D. FRANKENBERGER
'1AMES,E~' SHINAVER
. LAWRENCE 1. ~KEMPER
JOHNB. FLATT
OF CO~SEL.
"JANE B.'MERRILL
3105 EAST 98TH STREET
. ,SUITE 170
INDIANAPQLIS,INDIANA 46280
, 317-844-0106
FAX: 317-846-8782
November 17, 2004
~.>~-~ - ""- '> -VIA:FA CSIMlLE'-:'-'5'71'-242'6'~
AND REGULAR MAIL
Mike Hollibaugh
~Carmel Dept~ of Community, Services
One, Civic Square
CartI).el,lN" 46032'
Re:" kroger- Carmel Drjye(Rangeline Road Overlay Zone~
Deaf 'Mike: '
Kroger has contacted ~s 'with' concerns' regarding the impact the pr()posedCarIDel
DrivelR~geline Roa,d Overlay Zone will have on its grocery store located at the soutpeastcomer .
"of Executive Drive an~Rangeline Road in Carm~l. We 'believe that t~~proposed Carmel.,>,
DriveiR1mgeline Road Overlay Zone has. a noble objective; however, for the reasons set forth ·
, below, the applicati9n of the, CarIIJel Drive/Rangeline Road Overlay Zone'to,Kroger would have'
, potentially catastrophic consequences. ' '
As~~ _you~,_know,~Jh.ereaterJwo . elemel1ts _ to~_the"proposed:_ _OYetla~>'.Zone:_,.{i)__ the" Text '
Amendment {)rdinance whiCl1establishes the development.. st&ndardsWithin the Overlay Zone
&nd (ii)tbeRezoI).e. Ordinap,ce which establishes the boundaries of the Overlay Zone. [;The .
apparent purPose .. of the proposed Overlay Zone and. the enhanced development standards is t()
redevelop the area along Rangeline ...Road and Carmel Drive per the "New Urbani~m"
".architectural trend arid alsQto create ,a Jevelof consistency in terms of design along that corridor.
However, one problem with this approach is that, while it attempts to establish unifomi
,atchitecturaland development standards fo~,this corridor, there ,remains ,a' diversity ofuses;~long
the"corridpr for which the 'architectural and development s,tandards' are'notwell suited~ .,'Ktoger,
j,npartic,ular, is'a'uniqueusein this corridprin'that it is the only grocery 'store in thisconidor,
and some of the development standards being proposed in the TextAmendment are not .
c()nducive to the typical site plan. for a grocery stQl'e~nor do they promote an efficient use of that
spac,e.'
"'Mike Hollibaugh
November 17,2004
Page 2,
Although there. are additional provisions of the proposed Ordinance wbi4hcauseconcern
for ,Kroger, the following provisions cause Krogertlle most concern:" .
. " \ .
'l~::, DevelopmeIltPlan.,approval...of any:~dditions, .orm~difications.to existing ,structures which
, exceed eitl1er,50%'ofthe gross't1oor area of the existing structure or 5,000 square feet; ,
,. t.
2, Rest9ration5>fabuildingafter 90% destruction of the building in compliatlce with the
proposed development . standards; ,
; - .
. . ,
3.' A maximum front. building ,set back ofl0 f~et;
, .
. '- "
, '
. . .
, .. .
. '4."':.' The requirel1).ent that principaf buildings must have at leas(,tWo'floorsof occupiable
space, Wjth the second and higher floors' to' ,be (i}'at lea,st 50.% ~f the~ize'of ~he :building
footprint, and (ii) oriented to the front. Qf the buildings~chthat ,jtsfront Jine 'oisequal to
that of the first flpor; ,
.5. A. maximum, building footprint of 40, OQO squ~e feet;
6. The requirement thatpar~ing"area 'shall be ,lo,cated at the rear. or side of~he building.
Kroger belie~es. that the aforementioned provisions are notfeasible for Kroger and for
competitive use of its site. ,Requ.iring a second floor of occupiable space.is not a practical or
efficient use of agrocery store. Furthermore, the existing building footprint is approximately
64,000 square feet, and limiting the maximum building footprint of a reconstructed buil~ipgin
the event of catastrophic lossito.40,000 .square feet would reduce the size ofthegrocery.stor:e.by
almost 'one-tbird, (113)~ In &ddjtiQn,-requiring, 'that parkjng areas be located in the"rear Qf the
. building also presents logisticatproblemsinthat the rear of the building is typically the. location ·
- of'lo~ding"",~d(Jc'ks"~'for"the:,.tln1o'adin~'--' of,'pro'd'uct~'foT '-sale:" ';R.equiring '~'semi ~tractot":ttair~~ 'to
. ~avigate'through a parking lot in 'order tq reach a. loading dock will present mariY,logi~tical.
problems: and ,possibly result i~ custorherc()mpl~ints. ..
The reqriirementthatthe building be moved forward to within 10feetofihe right~of-way
line Q'f:,Ran'~eline Road. is particularly troublesome for Kroger. Althoug~ 'Carwel has liJpited the
applicability. of this requirement to (i) a eatastrophic . event resulting in destruction . of 90% or
more of the'building and (ii) modification or alte~ation ,of'greater~~han 50%'of the gross floor
area. of an. exi~ting building ot a .5,'000 .square ': foot addition, requiring' this in at1.y . case would
impose 'an, imdue"hardship ,on, ~oger, in,the followIng w~ys:
,.1" f
:-Mike Hollibaugh
, N9yember 17, 2094
Page 3 ,
, ' '
, ,1.: Restricti()n"on use. It would. appear. that thedeveloPl11ent standards ,would
app}y intheeventthatKroger desired to expand its ,store a minhnwn ofl5000
square feet or in the event that Krogeror a buyer ot'the real estat~:ithered
:'.gre,aterthanfifty percent (50%) ()fthe gross floor area of the existing bJ,liJ9i!1g.
This,iI11pbS~Sa seyere restriction9n Kroger' $ 'use of the site' and itsability'to
'market the 'site' fo" third parti~s as (i) Kroger . could ,riot justify the: costo'!'
moving the entire, building to',Rangeline'iri order to construct (1." 500,0, square
foo(additioijand (ii}neither Kroger norathirdpartypurch~ercould justify
the cost of~Qving the entire buHdin~ to.' Rangeline in order ~o modify or alter
greater th~ 50% of the ,gross floor area of the building.,
, .
2: . InsuraIlce and Utilities. Although it ,:might appear that requiring compliance,
with the ,deyelopment ' stan4ards, in the. evertt of;'a catastrophic loss ~ollld'no~,
neg~tively impact, Kroger~:it'would. Although,the buildingmaY"have'bumed to,
the ground, ,th~r~' still ,would~xist water 'and s~werhoo~ups undelJ1eath, the':
building pad, as . well"as,otherQ-tilities that have been<routed' spesi~cally"for the
,currenOocatioJl ofthe1;ruilding.-ln the event of a catastrophic loss such that the
,building would be required' to,be'moved forward ~o', Rangeline R08:d,{'it is'
unlikely that insuraIlce,proceedswould be sufficient to cover the loss~d also
cover the costs of moving the bui~ding ,forward,:, whichwould,.reqp.ire
movemeIlt' ofutilities,moveniertt of wateraIid sewer, etc. 'These costs would"
then~ikely be borne by' Kroger alone, which would hnposea,signipcant "
hardship.' '
3. Leride~'prob~ems.A lender' might be W1wil1.in~, to e'.'tend,credit t() Kroger
knowing that, in th~ unli~ely 'event of a foreclosure ',and its,J.l~fimate oWnership,
of the, property, its ability to sell' the, property .would be limited si~ce, any
- '~potentiatpW"chaserwoulQha've^a:itofthe"legitimate -CQncerns-set f(Jrth. ak(jv~~ ,'..
In other: words, any potential purchaser of the ~itewould also have less interest
,in the site in that any renovation of the building to fit their needs. vvouldrequire '
movt?ment of the building forw~rd to Rangeline Road,wtrichwould'ag~inresul~
,iii signific~t costs. ' '
. . ' .. .
. '
, '
. ' . . ' .' .
4. ' Com.petition.', Requiring that' the building Qe moved forward to, RaIlgeline l~oad
alsQPuts Kroger at a competitive disadvantage relative: to itscorhpetitors inth~
. area,(i.e~, Marsh,Meijer,etc.)in..that (i).theyare not 'required tocomplymth
these requirements,;:,(~i}' they do not have to incur the costs ,'o'f Illaking these
improvements, and (ii() they are not subject to requirementsresmtingin a less,
efficiel1t u~e of~heirproperties'.',
Mi~~ Hollibaugh
Nov~mber.,17~ ,200,4
Page 4
5. Devaluati<)fl. Subj~ctingthe . Kroge! site to this. requirement w011ld also
, devalue the"realestate in,that.it would be very diffic\llt for' Kroger to sell the,
,real estate as {i) another grocerych~in'wouldnot likely beinte~ested in th~. site
'given, the neW development standards which are not condu~ive to the~se of the
site as a grocery store and,result in a' lesse,fficient u~eof the' site arld{ii)any
other,potential User of the site would alsohavb'less interest'inthesite iiithat
..~anyrenovation of'the building to fit their needs w011ld require movement of the
building' forward to Rangeline, Road which, would again result ,in significant
costs. '
6. InconsistentAppl~cation. ' Finally, with a few exceptions, "Carmel's vision
"becomes a reality. along,-this"cor:Pdoronly if everyone suffers a catastrophic',
loss, which'.1s unlikely.' As a res~Jt, ',the,plll"pose,of the Ordinance most like'y
will never be realized, yettJle'~few unfortunate property owners ,to' which, it
might apply in the event 'of a'catastrophic loss wo~ld: ':suffer a significant
~ardship in b'eing, required to 'comply withthe Ordinance.
As discussed above, there are many issues with the proposed Carmel DrivelRangeline
, 'Road',Overlay Ordinance, which cause concern for Kroger IDtdwhich couldhav~, significant.
negatiyeimpact o~,the~oger site. .Kroger,belieyes the' pr()p,osed Ordinance, . while possessing a
noble objective, does not take into account the uniqueness of Kroger' ssite and, if applied to the .
Kroger site, wquld render it unusable to Kroger in the event of'a catastrophic event as well as
seve:rely'Jimit the marketability of the:propertYe:.::As, a' result, ,due to the foregoing concerns,
Kroger would 'respectfully, request that it, beexempteQ from the application of" the' Carniel
, DrivelRangeline'Road Overlay Zone Or~irianc,e. '
. . ," ' .
'We, look 'forward to further.discussitig' 'this': with you' at our meeting op:~ovember 18,
.2004.
,NELSON & FRANKENBERGER
LJKlJl~
Lawre~emper
, H:\Tanet\Kroger\R~geline, Qverlay\Hollibaugh ltr 111504.doc
e
e
Ordinance No. Z-463-04
'NOTICE TOT AXP AYERS
CARMEL, INDIANA
NOTICE OF PUBLIC HEARING
TO ,REZONE PROPERTY
ALONG RANGE LtNE ROAD AND CARMEL DRIVE
Z-463-04
Notice is hereby given to the taxpayers of the City of Carmel and Clay Township, Hamilton County, Indiana,
that the proper legal officers of the City of Carmel willmeet at their regular meeting place, Council Chambers,
Carme.1 City Hall, One Civic Square,C~f!I1el, IN 46032, 'at 7:00 p.m. on Monday, the 15th day of November,
2004, to consider the rezone application '(Carmel/Clay Plan Commission Docket No. 04080048 Z of the City
of Carmel Department of Community Services). of the City of Carmel Department of Community Services to
rezone'properties generally located aloI1gRange "Line Road and Carmel Drive, (commonly known as the
Carmel Drive - Range Line Road 'Overlay). The properties are located along Range Line Road and Carmel
Drive in Clay Township, Hamilton 'County, Indiana.
Taxpayers appearing at the meeting shall have the right to be heard.
Diana.L.. Cordray,
Cle~k - Treasurer
October 22, 2003
ft.
council notice, 2-463-03
City of Carmel"
,Department of Community Services
One Civic Square '
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
:FACS,IMILETELECOPY COVER LETTER
DATE:
October 1 , 2004
TO:
Sonya,
FAX:
848-~363
FROM:
~<Lm ffi~
Attached hereto, are ,/ ~"I pages, includir1g this cover letter, for, facsimile
transmission. Should you experience any problem in the receipt of these pages,
please call 317/571/2417.
NOTES: Proposed Overlay text & map.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private
and confidential and are the property ,of the sender., The informatiQn contained in the material is
privileged and is intended only for the use of the individual(s) or entity(ies) ,named above. If you 'are
not the intended recipient, be ,advised that any unauthorized disclosure, copying, distribution or the
taking of any action in reliance on the contents of this telecopied information Is strictly prohibited. If
you have received this. facsimile' transmission in error, please immediately notify us by telephone to
arrange for -return of the forwarded documents to us.
DRAFT ZONING ORDINANCE
CARMEL ZONING ORDINANCE
CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD CORRIDOR - OVERLAY ZONE
23F.OO rarm~l Oriv~ - Rane~ T jn~ Roan Ov~rlay Zon~.
23F .00.01 Pl1rpo~~J Tnt~nt ann A l1thority. The purpose of this overlay zone is to protect and enhance the
health, safety and welfare of the citizens and property owners of Carmel by allowing for the
establishment of a uptown business district that will, support a range of activities and
opportunities to all segments of the community; with mixed-uses in multi-story buildings; is
pedestrian oriented and supportive of multiple modes of transportation; with buildings and a
streetscape which are attractive and safely designed in order to enhance the livability of the city.
It is the City's intent to achieve the purpose of this zone by:
. Providing a consistent urban design treatment for private and public properties in central
Carmel;
. Providing additional opportunities for investment and reinvestment in real estate by
mandating higher intensity of development;
. Minimizing suburban sprawl, through re-use and redevelopment of the community's land
resources;
. Minimize community infrastructure costs thru the more efficient use of land;
. Providing controls for architecture and landscape design to establish continuity of design
between projects and to improve the physical relationship between new buildings and
overall community.
Further, it is the intent of this overlay zone to provide a temporary regulation, that will support
the ongoing redevelopment of Carmel City Center, and Old Town, and the Avenue of Art and
Design, acting as a transition regulation until a specific plan for Carmel's central business
district (CBD) is adopted, and which plan will serve as the basis for CBD Zone regulations.
This district is superimposed over the other primary zoning districts and its regulations shall
supersede those of the primary zoning districts over which it is superimposed. In establishing
this zone, the Plan Commission and Council relies on I.C. 36-7-4-1400 et seq.
23F.00.99 Application Proc~nl1r~.
A. O~v~lopm~nt Plan. See Section 24.99(A): Development Plan.
B. A rchit~ct1]ra 1 O~~lenJ Fxt~rior T iehtineJ T ann~capine ann Sienae~ (A OT S). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
23F.01 Oi~trict HOl1nnarl~~. The boundaries of the Carmel Drive - Range Line Road Corridor Overlay Zone (the
Zone) are hereby established as approved on the Zoning Map.
23F.01.01 Parcels in the C-1/City Center and C-2/0Id Town Districts shall be exempt from the
requirements of the Zone.
23F.02 Plan romml~~ion Approval.
23F.02.01 The Plan Commission must approve, approve with conditions, or disapprove the Development
Plan (DP) and Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) for
any tract of land in the Carmel Drive - Range Line Road Corridor Overlay Zone.
23F.02.02 O~v~lopm~nt Plan. A public hearing shall be held by the Commission before it decides whether
rhapt~r J1F. rarm~l Orlv~ - Rane~ T in~ Roan rOITinor Ov~rlay Zon~ 9/1/2004
23F-1
DRAFT ZONING ORDINANCE
to approve or disapprove a DP. A DP shall be required for additions or modifications to
existing structures which exceed either of the following:
A. Fifty percent (50%) of the original gross floor area of the existing structure, applicable from
the date of this ordinance, or
B. Five thousand (5,000) square feet.
23F.02.03 Architectural De~ienJ Fxterior T .iehtineJ T ,ann~capine and Sienaee. The Commission shall
review and approve or approve with conditions the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS), access to property, site layout, parking and site circulation,
consistent with the provisions set forth in Section 23F.08 through Section 23F.16~ Section 24.03
and such approvals shall be necessary prior to:
A. The establishment of any use of land;
B. The issuance of any Improvement Location Permit, except maintenance and/or repairs
consistent with previously approved ADLS. In cases where properties were developed prior
to ADLS requirement, maintenance and/or repairs shall be consistent with the previously
approved Improvement Location Permit;
C. Any change insite improvements which are not consistent with previously approved ADLS.
In cases where, properties were developed prior to ADLS requirement, changes in site
improvements shall be consistent with the previously approved Improvement Location
Permit.
23F.02.04 Zonine Waiver. The Commission may, after a public hearing, grant a Zoning Waiver of the
dimensional and quantitative standards of this Chapter, by not greater than thirty-five percent
(35%). Any approval to permit such a waiver shall be subject to the following criteria:
A. The proposal shall enhance the overall Development Plan and the adjoining streetscapes
and neighborhoods.
B. The proposal shall not produce a Site Plan or street! circulation system that would be
impractical or detract from the appearance of the Development Plan or the District, and
shall not adversely affect emergency vehicle access. C. The proposal shall exhibit
extraordinary site design characteristics, including, but not limited to: Increased landscape
treatment, tree preservation, provisions for bicycle and pedestrian traffic.
In granting a waiver, the Commission may impose such conditions that will, in its judgment,
secure the purposes of this Chapter. This Section does not affect the right of the applicant under
Indiana law to petition the Board for a variance from development standards provided under IC
36-7-4-918.5 and this Zoning Ordinance.
23F.03 Permitted TT~e~. See Appendix A - Schedule of Uses.
23F.03.01 All Uses which are permitted in the underlying primary zoning district(s), except those uses
expressly prohibited by Section 23F.04, are permitted in the Zone.
23F.03.02 Residential uses are permitted; however, it shall not comprise more than seventy-five percent
(75%) of a project's gross floor area in districts where residential is not permitted in the
underlying zoning district.
23F.04 Special TT~e~; Prohihiten TT~e~. See Appendix A - Schedule of Uses.
23F.04.01 Special TT~e~.
All Special Uses which are permitted (upon obtaining a Special Use approval from the Board)
in the un~erlying zoning district( s), except those uses expressly excluded in this Section or in
Appendix A: Schedule of Uses, are permitted in the Overlay Zone upon the approval of the
rhapter ?1F. rarmel Drive - Ranee T .ine Roan rorridor Overlay Zone 9/1/2004
23F-2
DRAFT ZONING ORDINANCE
Board. In addition, any Use existing at the time of the passage of this Chapter which does not
conform to Section 23F.03: Permitted Uses but which otherwise does conform to the applicable
Use provisions of the underlying zoning district(s), shall be deemed to be and shall be a Special
Use under this Chapter. Such Uses shall not be considered legal nonconforming uses nor
require Special Use approval for continuance but shall require Special Use approval for any
alteration, enlargement or extension.
23F.04.02 Prohihite,c1 T r~e~.
A. Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales.
B. Sexually Oriented Businesses
C. All Industrial Uses in Appendix A
23F.04.03 Re~toration after ne~tn](~tion ofHnilc1ine.
Nothing in this Chapter shall prevent the restoration of a building or structure destroyed less
than ninety percent (90%) of its square footage at the time of such destruction by explosion, fire,
flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the
passage of this Chapter; or shall prevent the continuance of the use, except an illegal
nonconforming use, of such building, structure or part thereof, as such use existed at the time of
such impairment of such building, structure or part thereof. All such restoration and
construction shall be subject to the obtaining of an Improvement Location Permit, with the fees
waived for the restoration of a building or structure destroyed less than ninety percent (90%)
and restored according to its state of existence prior to destruction. All restorations resulting in
a divergence from original plans or restoring a building or structure destroyed ninety percent
(90%) or more shall be subject to obtaining an Improvement Location Permit and payment of
fees.
23F.05 Hnllc1ine Sethack~
23F.05.01 Hnilc1-to T .1ne.
A. Minimum:
Zero (0) feet, subject to recorded utility easement(s).
Ten (10) feet, subject to recorded utility easement(s) and to subparagraph C
B. Maximum:
below.
C. Up to seventy-percent (70%) of the front fac;ade may be recessed for entrances and outdoor
seating; however, no entrance shall be recessed more than ten (10) feet, and no outdoor
seating area shall be recessed more than twenty (20) feet, subject to Commission approval.
23F.05.02 Sine anc1 Rear Sethack~. There are no minimum side or rear setbacks; however, no buildings or
other permanent improvement shall encroach into required landscape areas.
23F.05.03 ronflictine Reqnirement~. Wherever there exists a conflict between the building setback
requirements of the State Highway 431/Keystone Avenue Corridor Overlay Zone and the
Carmel Drive - Range Line Road Overlay Zone, the State Highway 431/Keystone Avenue
Corridor Overlay Zone shall govern.
23F .06 H1111c1ine Orientation
23F.06.01 Every parcel with frontage on Carmel Drive and/or Range Line Road must have a building that
fronts on those streets.
23F.06.02 Except for those lots with 120 feet or less of frontage on a public street, every parcel must have
a building that occupies a minimum of70% of that frontage.
23F.06.03 Buildings on lots with 120 feet or less of frontage on a public street must occupy the maximum
amount of frontage, except for driveways, sidewalks and landscape areas, as required by the
rhapter ?iF. rarmel Drive - Ranee T .1ne Roac1 rorric1or Overlay Zone 9/1/2004
23F-3
.A;~
4n:~" ,
0/ '~
DRAFT ZONING ORDINANCE
Ordinance.
23F.06.04 Additional buildings may be built in the rear of the property.
23F.06.05 All Principal Buildings shall face a public street, with a primary entrance from a public street.
23F.06.06 The primary entrance must be readily apparent as a prominent architectural feature and visible
from the street.
23F.07 Hniliiine Reient
23F .07.01 Principal Buildings must have at least two floors of occupiable space. The second and higher
floors must be at least fifty percent (50%) the size of the building footprint and must be oriented
to the front of the building such that its front line is equal to that of the first floor.
23F.07.02 Minimum height: twenty-six (26) feet
23F.07.03 Maximum height:
A. Thirty-five (35) feet, or three stories, whichever is greater, if adjacent to single-family
residential zone.
B. Fifty-five (55) feet, or five (5) stories, whichever is greater.
23F.08 Hnlliiine Footprint
23F.08.01 Minimum: 0.5 Floor Area Ratio (FAR).
23F.08.02 Maximum: 40,000 square feet.
23F.09 ron~tn](~t1on M~teri~l~
23F.09.01 Principal Buildings must be faced on front and sides with brick, stone or similarly detailed
precast concrete and trimmed in metal, stone, precast concrete, wood, or stucco.
23F.09.02 Rear building fa9ade materials may vary, however, its material colors and composition must be
coordinated with the front and side fa9ades.
23F.10 A rcnitectnr~ 1 De~i en Buildings in the Zone must be built as multi-story commercial storefront types, whose
characteristics include:
23F.1 0.0 1 Ground and upper floors with transparent glass; ground floor elevations must incorporate the
transparent glass as a significant component.
23F.10.02 A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim
at the top of the ground floor are optional.
23F.10.03 The fa9ade shall be provided relief by windows and surrounds, storefronts, doors, and features
such as special brick coursing, pilasters and lintels.
23F.10.04 The first floor and all other floors will have a coordinated composition, which will usually be
indicated by the alignment of upper floor windows and other features with openings and features
of the first floor.
23F.10.05 When applicable, retail storefronts shall be oriented along the public street front of the first floor
of the building, except for pedestrian entrances to parking areas or small entrance lobbies for
upper floors.
23F.10.06 Every face of the building with frontage on a public street must have openings for windows.
23F.10.07 Large expanses of glass are allowed, but the building may not be constructed entirely of a metal
rn~pter ?1F. r~rmel Drive - R~nee T ine Ro~ii rOTfiiior Overl~y Zone 9/1/2004
23F-4
DRAFT ZONING ORDINANCE
and glass curtain wall.
23F.10.08 Fixed or retractable awnings are permitted if they complement a building's architectural style,
material, colors, and details; do not conceal architectural features (such as cornices, columns,
pilasters, or decorative details); do not impair fa9ade composition; and are designed as an
integral part of the fa9ade. Metal or aluminum awnings are prohibited.
23F.10.09 Pedestrian scale detailing is encouraged on the front elevation of the building at the ground
level. Because the buildings are viewed very close up, all buildings should exhibit articulated
detail and ornament that is scaled to the pedestrian.
23F.10.10 Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using
parapets, penthouse screens or other similar method and which are integrated into the overall
building design and approved by the Commission.
23F .11 T ,ann~~apine.
23F .11.01 Shade trees shall be planted within the street right-of-way, parallel to each street, per the
standards of the C~ity. Maximum spacing between trees shall be fifty (50) feet, and a minimum
of thirty (30) feet.
23F.11.02 A five-foot (5') wide planting strip shall be provided along the sides and rear of all parking
areas. The minimum planting shall include two (2) shade trees and thirty (30) shrubs per 100
linear feet.
23F.11.03 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by
low walls, low fences, or hedges.
23F .11.04 Shade trees shall be planted within parking areas greater than 10,000 square feet. There shall be
planted one (1) shade tree and five (5) shrubs per every nine (9) spaces.
23F.11.05 The design of fencing, sound walls, trash enclosures and similar site elements shall replicate the
architecture of the Principal building( s) in construction material and detailing.
23F.11.06 Sites with existing trees or stands of trees shall protect and incorporate them into the overall site
design. The landscape plan must preserve not less than 50% of all trees that are 6" DBH or
larger and located within the required yard/setback areas.
23F.11.07 All landscaping approved as part of an ADLS plan shall be installed prior to issuance of a
Certificate of Occupancy by the Department. If it is not possible to install the approved
landscaping because of weather conditions, the property owner shall post a bond prior to the
issuance of the Final Certificate of Occupancy for the amount equal to the total installed cost of
the remaining, uninstalled landscape material.
23F.ll.08 It shall be the. responsibility of the owners and their agents to insure proper maintenance of all
trees, shrubs and other landscaping approved as part of the ADLS Plans in accordance with the
standards set by this Ordinance. This is to include, but is not limited to, replacing dead
plantings with identical varieties or a suitable substitute, irrigation and mulching of planting
areas, and keeping the area free of refuse, debris, rank vegetation and weeds. Street trees in this
zone will be maintained by the City.
23F.11.09 All landscaping is subject to approval by the Commission. No landscaping which has been
approved by the Plan Commission may later be substantially altered, eliminated or sacrificed
without first obtaining further Commission approval. However, minor material alterations in
landscaping may be approved by the Director or his designee in order to conform to specific site
conditions.
23F .11.10 Ground level mechanical! telecommunication equipment shall be screened from the Street and
any adjoining residential zones or uses using walls, fencing, landscaping, or other method
approved by the Commission.
Chapter ?1F. Carmel Drive - Ranee Tine Roan COITinor Overlay Zone 9/1/2004
23F-5
'ljl~:-:'li^.~~.' J
;~~
~
DRAFT ZONING ORDINANCE
23F.12 T jehtine.
23F.12.01 Street lighting shall be provided as part of all projects, on both sides of the street when possible,
and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style.
23F.12.02 Exterior lighting of the building or site shall be designed so that light is not directed off the site
and the light source is shielded from direct offsite viewing. For any use abutting single-family
residential uses, illumination levels shall not exceed 0.5 foot candles at the property line.
23F.12.03 Exterior lighting shall be architecturally integrated with the building style, material and color.
Rooftop lighting shall be prohibited.
23F.12.04 All exterior architectural, display, decorative and sign lighting shall be generated from
concealed, low level fixtures.
23F.12.05 The maximum height of light standards in parking areas shall not exceed the building height, or
twenty-five (25) feet, which ever is less. When light standards abut or fall within ninety (90)
feet of single family residential, their height shall not exceed fifteen (15) feet.
23F.13 Sienaee
23F.13.01 Prohibited signs:
A. Ground Signs
B. All other signs specified in Section 25.07.01-4: Prohibited Signs.
23F .13.02 Wall signs are allowed provided that they fit within the horizontal and vertical elements of the
building and not obscure details of the building. No sign shall be allowed to extend above the
cornice line of a building. Size shall be determined by Sign Chart A of Section 25.07: Sign
Ordinance.
23F.13.03 In cases where Wall Signs are located less than five feet (5') from a right-of-way line, the Wall
Sign shall be deemed to be located five (5) feet from the right-of-way for purposes of applying
Sign Chart A to determine the allowable sign area.
23F.14 Pec1e~trian rircl1lation
23F.14.01 Sidewalks along public streets shall be a minimum of eight (8) feet in width.
23F.14.02 Walkways shall be provided on at least one side of the building and shall provide access
between rear parking areas and Principal building entrances or the street. Unless otherwise
noted in this ordinance, the minimum width for walkways shall be six (6) feet.
23F.14.03 Neither sidewalks nor walkways shall be used by automotive traffic.
23F.14.04 Pedestrian access shall be coordinated with and provided to adjoining properties.
23F.15 Parkine.
23F.15.01 Parking areas shall be setback not less than six (6) feet behind the Front Build-to-Line.
23F.15.02 Parking areas shall be located at the rear or side of buildings, and screened per Section
23F.11.03.
23F.15.03 Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper
overhang.
23F.15.04 Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway, and
coordinated to accommodate pedestrian access.
rhapter ?1F. rarmel Drive - Ranee T .ine Roac1 rorric1or Overlay Zone 9/1/2004
23F-6
DRAFT ZONING ORDINANCE
23F.15.05 Paths within parking lots of more than three rows shall be designated to accommodate
pedestrians safely from parking areas to sidewalks, walkways and/or building(s). Such paths
may consist of striping.
23F.15.06 Bicycle parking shall be provided, one space per 100 feet of street frontage.
23F.16 Proc111ct M;:)teri;:)l & Refi]~e Stor;:)ee
23 F .16.01 Material or product storage shall occur within the Principal building or an Accessory building.
23F.16.02 Any Accessory Building for storage shall:
A. Be architecturally compatible with the Principal building and integrated into the overall site
layout.
B. Be approved by the Commission.
23F.16.03 Any Accessory Building for storage or disposal of refuse shall:
A. Accommodate waste and recyclable materials, and, if applicable, grease or other cooking
refuse.
B. Be fully enclosed except for doors or gates which are kept closed unless loading or
unloading.
C. Be architecturally compatible with the Principal building and integrated into the overall site
layout.
D. Be approved by the Commission.
23F.17 Other Reql1irement~.
All other requirements not mentioned In this Section shall remaIn as stated for that prImary zonmg
classification district mapped.
23F .18 Sl1n~et Provi~ion..
This Chapter expires December 31, 2006.
rh;:)pter ?1F. r;:)rmel Drive - R;:)nee Tine Ro;:)c1 rorric1or Overl;:)y Zone 9/1/2004
23F-7
DRAFT ZONING ORDINANCE
CHAPTER 23F: CARMEL DRIVE - RANGE LINE ROAD OVERLAY ZONE
AMENDMENT LOG
Ordinance No. Docket No. rOl1ncll A pprova 1 Effective Date Section~ A ffecten
z-
rhapter ?1F. rarmelDrive - RanEe Tine Roan rOITinor Overlay Zone 9/1/2004
23F-8
SEPTEMBER 21,2004
&
I AM NORMAN HUGHEY SPEAKING ON BEHALF OF HUGHEY
REALTY CO.
WE OWN PROPERTY ID 16 09 25 04 04 009.000 WHICH IS .79 OF
AN ACRE ON RANGE LINE ROAD AND SCHEDULED FOR
REZONING. WE ALSO OWN PROPERTY ID 16 09 25 04 04 015.000
WHICH IS 5.30 ACRES AND IS JOINED TO THE RANGE LINE
ROAD PARCEL. ALL THOUGH THE 5.31 ACRES IS NOT
SCHEDULED FOR REZONING AT THIS TIME, WE BELIEVE
THA T THE REZONING OF THE. 79 OF AN ACRE ON RANGE
LINE RD WILL MATERIALLY RESTRICT OUR OPTIONS FOR
THE FUTURE USE OF OUR ENTIRE PROPERTY BECAUSE THE
RANGE LINE RD PARCEL CONTAINS THE ONLY ROAD
FRONTAGE AND THE ONL Y INGRESS-EGRESS FOR THE
ENTIRE 6.1 ACRES. WE THEREFORE RESPECTFULLY REQUEST
THAT YOU VOTE NO TO THE REZONING OF PARCEL 16 09 04
04 009.000.
THANK YOU,
NORMAN HUGHEY
q,~l/
SEP,13 '04 07:30PM
P.2/2
_'Ken to II ,~, {J..f)a rd, Su rVL)'or
('Plio,,,, ,'(J ,l i) 776.l\4~'S
I T'a,L' (J 17,) 77 6~, 6.1,~
l~~lIik 1 8 <."
, ()lIl~.? fll11fil(~", CC1"nry "Sqlll1 rr
,i\' oblrsrtillL',
September 13,' 2004
D,epartrnent of Community' Services
A TIN: Adrienne' Keeling
One Civic, Square
Carmel~ IN 4603,2
VIA FACSIMILE: 571-2426
Re~ RaDle Line Road OverJ.ay - Docket No. 04080048 Z
Dear Mrs. Keeling:
We have reviewed the rezone information submitted to the Hamilton County Surveyor's
.Office on September 8~ 2004 for this project and have the following comments:
1. This project falls withi11 the jurisdiction of the City of Carmel.
2. The Hamilton County 'Surveyor's Office has no objection to the proposed rezone.
Should you ,have any questions, I can be reached at317..776ow8495.
Sincer~ly,
~~
Plan Reviewer
Cc:, Jon Dobosiewicz - Carmel DOCD
John South - HC,SWCD
~iok Hill ~ Carmel Engineering