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HomeMy WebLinkAboutSummary of Changes - Ltr to Committee 082313Page 1 of 6 NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE BRIAN K. TEKULVE 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional August 23, 2013 Special Studies Committee Carmel Plan Commission Re: Atapco Redevelopment PUD - Docket No. 13040021 Z Dear Committee Members: At the beginning of the 1st Committee meeting back on June 26, 2013, it was suggested that we have 3 Committee meetings during which the review of this matter would be allocated as follows: (i) the 1st Committee meeting would be devoted to a discussion of traffic, (ii) the 2nd Committee meeting would be devoted to a review of the provisions of the PUD Ordinance and (iii) the 3rd Committee meeting would be devoted to verifying that PUD revisions were incorporated into the PUD. Further to this structure, the 1st Committee meeting on June 26, 2013 was devoted to the traffic, the 2nd Committee meeting on August 6, 2013 was devoted to the review of the PUD Ordinance and, for our 3rd upcoming Committee meeting to occur on September 3, 2013, we are providing in this submittal verification that the agreed revisions were incorporated into the PUD Ordinance. Below is a comprehensive list of changes and modifications to the text and Character Illustrations of the Atapco Redevelopment PUD and enclosed is a redlined version of the PUD Ordinance identifying the changes. These changes are in response to comments from Plan Commission, Carmel Planning Staff, the public and discussion at the past two committee meetings conducted on June 26 and August 6. The page numbers noted below reference the page numbering found in the red-lined version dated August 23 which has been provided with this transmittal. Table of Contents: 1. Reformatted the ordinance to incorporate the Exhibits into the body of the rather than after the Council signature pare. This will allow for improved record keeping of the exhibits. Page 2 of 6 Section 2 – Definitions and Rules of Construction: 2. Page 7 – Moved a parking standard to Section 10 (page 22 of 29) of the PUD text under parking the provisions. 3. Page 8 – Added definition for Tree Preservation Area. Section 3 – Accessory Buildings and Uses: 4. Page 8 – Amended the description of Accessory Structures to confirm that any antenna would be concealed or camouflaged by building parapet walls. Section 4 – Residential Use Block: 5. Page 8 – Placed Block specific restriction on the maximum number of apartments within the Residential use Block. Sections 5 – Office & Residential Use Block: 6. Page 9 – Placed Block specific restrictions on the maximum number of apartments within the Office and Residential Use Block. 7. Page 10 – Added a restriction on uses to provide for a transition from the adjacent R-1 zoned property. Section 6 – Office & Commercial Use Block: 8. Page 10 – Placed Block specific restrictions on the maximum number of apartments within the Office and Commercial Use Block. Section 7 – Landscaping Requirements: 9. Several tweaks to the text of this section were made including either deleting or changing wording to add specificity. These changes are identified in the red-line throughout the landscaping section. All changes have been reviewed by the Urban Forester. 10. Page 11 – The use of portable planters and/or raised planting beds was added as an example of alternate planting options. 11. Page 12 – A substitution allow shade trees to be substituted was added to allow for the greater use of shade trees rather than ornamental trees as currently specified. 12. Page 12 – Planting replacement standards were tightened up to add clarity. 13. Page 12 – Minor Alterations was further refined to add a specific limitation. 14. Page 13 – A tree preservation section has been added. Page 3 of 6 15. Page 13 – An additional plantings section has been added to address plantings along the east side of Clark Street. 16. Page 13 - Signs will be prohibited in the TPA and moved to the signage section. Lighting will be restricted so that it is permitted within the first 3’ of the buffer so that it can be along the perimeter of a parking area. 17. Page 13 – Bufferyard text has been removed in favor of building base and parking perimeter standards along roadways. 18. Page 14 - A minimum tree lawn standard was added for street trees. 19. Page 15 – Foundation planting standards were refined and added for all sides of residential buildings. 20. Page 16 - Parking lot perimeter standards were provided for areas in excess of 50’ from the street right of way. 21. Page 17 – Text regarding native aquatic and shoreline species, as well as trees, was added under primary landscaping materials. In addition provisions for LID (Low Impact Design) have been added. 22. Page 17 thru 19 - A section including tree preservation standards has been added. A 30’ wide area adjacent to the R-1 zoned real estate to the south of the site is identified as a TPA. 23. Page 19 – A section regarding plantings on the east side of Clark Street within the Carmel Station Subdivision has been added to address additional buffering and screening along the street. Section 8 – Lighting Requirements: 24. Page 20 – Text has been added specifying that lighting shall not be permitted in the Tree Preservation Area. Section 9 – Signage Requirements: 25. Page 20 – Text has been added specifying that signage shall not be permitted in the Tree Preservation Area. Section 10 – Parking Requirements: 26. Page 21 – Parking will be restricted to the side or rear of the front building line in the Residential and Office and Residential Use Blocks. Page 4 of 6 27. Page 21 – A requirement was added that restricts parking to a maximum of one row between building fronts and the street for the Office and Commercial Use Block. Parking will be restricted to the side or rear of the front building line in the other two Use Blocks. 28. Page 22 – Parking Structure provisions were moved to this section from the definition section. 29. Page 23 – A standards was added to require interior bicycle parking to accommodate one (1) bike per dwelling. All residential buildings (not all units) will have garages that may also be used for bike storage. Section 11 – Pedestrian Circulation: 30. Page 23 – The text of the PUD was revised to specify that development requires upgrading of existing sidewalk to path where specified in the Thoroughfare Plan. 31. Page 23 – Addition adjustments were made to enhance pedestrian connectivity including the identification of ADA requirements. Section 12 – Use Limitations: 32. Page 24 – Use Restrictions have been relocated to other sections of the Ordinance per Use Block as previously noted. Section 13 – Additional Requirements and Standards: 33. Page 25 – The Clark Street right-of-way was amended along with a minimum 5’ tree lawn and on street parking. In addition the residential buildings are being redesigned to provide pedestrian access on the street side with access to the on street parking. 34. Page 25 – Right of way widths were specified. 35. Page 25 thru 27 – Significant Road improvement standards were provided as outlined in this section and review on June 26th by the Special Studies Committee. 36. Page 29 – The Council Signature Page was moved to the end of the ordinance and a Section 18 incorporating all exhibits was added. Exhibit B: Concept Plan 37. The Concept Plan was updated to reflect agreed upon access adjustments, building placement closer to the street, parking restrictions and connectivity as previously noted. Exhibit D: Use Table 38. Public Service Facility was removed as a permitted use. Page 5 of 6 39. ATM was removed from the Residential use Block as a permitted use. 40. Wholesale Sales was removed as a permitted use. Exhibit E: Development Standards Matrix 41. Building setbacks have been adjusted to allow area for proposed landscaping. 42. A maximum front yard setback for all use blocks has been added. 43. A thirty (30) foot maximum front building setback in the Residential Use Block applicable to 50% of all buildings will be provided. This has been applied to specific buildings along Clark Street. This will allow the 4-story apartment buildings and the clubhouse to be situated as proposed but guarantee the other buildings will be pulled up to the street. 44. A maximum sixty (60) foot setback for buildings in the Office and Commercial Use Block has been provided and addresses the mixed-use building and the 1-story retail building. The 60’ would accommodate a single row of parking in front of the buildings as requested by Carmel Planning. The Residential and Office Use Block will provide for a maximum 30’ building setback applicable to 50% of all buildings. This allows for buildings along the street and to the rear (non-street) side of the property as illustrated on the Concept Plan. 45. Maximum Lot Coverage has been adjusted at the request of Staff. The standard was set at 70% in the Residential Use Block and Office and Commercial Use Block. The Residential and Office use block the proposed 80% is consistent with the existing M-3 standard and allows for development consistent with the Comprehensive Plan. 46. A minimum distance between all building of twenty (20) feet has been added. Exhibit F: Architectural Standards: 47. In several areas subjective text regarding the intent of design elements was remover and/or replaced with definitive design standards that can be easily administered. 48. The list of materials in Part 3.C.2 was edited to identify the materials that are permitted on the Primary Facades. 49. A provision was added to the permitted list of materials that will allow innovative materials to be considered by the Plan Commission in the future. This will avoid the need for a text amendment if a superior material is proposed. 50. Minimum standards were added to address minimum building offsets of two (2) feet (projecting or recessed).