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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
September 6, 2013
Carmel Plan Commissioners
Re: Atapco Redevelopment PUD - Docket No. 13040021 Z
Dear Commission Members:
Below is a comprehensive list of changes and modifications to the text and Character
Illustrations of the Atapco Redevelopment PUD. These changes are in response to comments
from Plan Commission, Carmel Planning Staff, the public and discussion at the past three
committee meetings conducted on June 26, August 6 and September 3. The page numbers noted
below reference the page numbering found in the red-lined version dated September 6, 2013
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.
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:
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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.
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.
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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.
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:
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32. Page 24 – Use Restrictions have been relocated to other sections of the Ordinance per Use
Block as previously noted.
33. Page 24 – General Agriculture (Farm) as a permitted use was limited to the ‘growing of
crops” as opposed to the general definition found in the Zoning Ordinance.
Section 13 – Additional Requirements and Standards:
34. 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.
35. Page 25 – Right of way widths were specified.
36. 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.
37. 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
38. 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
39. Public Service Facility was removed as a permitted use.
40. ATM was removed from the Residential use Block as a permitted use.
41. Wholesale Sales was removed as a permitted use.
Exhibit E: Development Standards Matrix
42. Building setbacks have been adjusted to allow area for proposed landscaping.
43. A maximum front yard setback for all use blocks has been added.
44. 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.
45. 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
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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.
46. 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.
47. A minimum distance between all building of twenty (20) feet has been added.
Exhibit F: Architectural Standards:
48. 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.
49. The list of materials in Part 3.C.2 was edited to identify the materials that are permitted on
the Primary Facades.
50. The use of EIFS as a permitted building material was limited to Non-residential buildings.
51. The use of a standing seam metal roof as a permitted building material was limited to Non-
residential buildings.
52. 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.
53. Minimum standards were added to address minimum building offsets of two (2) feet
(projecting or recessed).
54. An exhibit that shows which façade is primary was added. It has been further refined and
expanded to cover more facades.
55. The secondary façade material requirement was increased from 30% to 50% of the primary
façade material wrap around to the secondary facades.
56. Several additions were made to the design of residential building to taylor the standards to
the proposed building elevations including provisions for a minimum of 2 window on each
level of each side of the buildings, garages, elevators and enhanced masonry areas.
57. Several LEED and ‘green building’ practices will be employed for building and site
improvements. See the attached list. These are incorporated into the PUD as part of the
Ordinance.
Exhibit G: Conceptual Image Renderings – Residential Use Block:
58. Revised elevations are attached. The design team recognizes the importance of using
durable exterior materials that are harmonious throughout the proposed development and
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surrounding community as well. To that end we have incorporated masonry into the
exterior wall surface of the 4 story multifamily structures. The masonry has been
proportionally distributed on all sides of each building in varying heights of one to three
stories. The design team believes the varying combinations of exterior materials,
abundance of windows, recessed balconies, bold trim profiles & pronounced building
offsets all result in the desired balanced and interesting composition.
59. The clubhouse design has been reworked to lower to the roof line profile. Please see
revised rendering in Exhibit G.
60. The 3-story building designs have been revised to reflect building entrances from the street
side as well as the interior of the site.
Exhibit H: Conceptual Image Renderings – Office and Residential Use Block
61. The revised 3-story residential building has been placed in this exhibit as these building are
proposed for the Office and Residential Use Block.