ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF FISHERS, INDIANA 2006

Transcription

1 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF FISHERS, INDIANA 2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF FISHERS, INDIANA BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FISHERS, INDIANA, THAT THE ZONING ORDINANCE, A PART OF THE COMPREHENSIVE PLAN AND ORDINANCES 2006, ORDINANCE NO A, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: 1.01 Rezone, Declaration, Purpose and Intent, and Permitted Uses Declaration That the text of the Unified Development Ordinance of the Town of Fishers, Indiana, Ordinance No A, and the Official Zoning Map, Town of Fishers, Indiana, dated October 16, 2006, which accompanies and is a part of the Zoning Code of the Town of Fishers, Indiana, as amended (the UDO ), are hereby amended as follows: That the Zoning Classification of the real estate legally described in Exhibit A of this Ordinance (the Real Estate ), is hereby designated as a Commercial Planned Unit Development District (PUD-C), and that said PUD-C zoning district shall hereafter be known as the 96 th Street & Mollenkopf Road PUD. Purpose and Intent The purpose of this PUD is to encourage improved design in the development of land by promoting the following objectives: Provide for the development of professional and office type businesses, commercial and frequently used businesses associated with the shopping, service and family needs of adjacent or local residential areas; Greater flexibility in applying the ordinances to the redevelopment of the Real Estate; Innovative approach to meet the demands of the commercial and business markets; The recognition of the interdependency of the above markets; Efficient use of land resulting in more cost effective networks of utilities, streets and other facilities; and Coordination of architectural styles, building forms and relationships, graphics and other private improvements. 1

2 Permitted Uses Permitted Uses: Existing residential uses shall be allowed to continue as Legal Nonconforming Uses pursuant to Article 08 Nonconforming Lots, Structures & Uses. Drug Store up to 15,000 square feet shall be allowed on the corner of 96 th Street and Mollenkopf Road. All uses described in Article C1 Commercial District shall be permitted on the following lots per the attached map (Exhibit B). All uses described in Article C2 Commercial District shall be permitted on the following lots per the attached map (Exhibit B). The minimum square footage to be allowed on this subject Real Estate is two thousand (2,000) square feet. Excluded Uses Excluded Uses: Fast Food Restaurants and drive-in type Restaurants Pick-up windows will be allowed for banks and pharmacies, however no ordering speakers and/or menu boards will be authorized. Gas Stations Convenience Stores Adult Businesses Adult Entertainment Auto parts sales (used) Pawn Shop Car Wash Special handling retail and commercial uses housed in or on a lot with an existing residential home Applicability A. The standards of the UDO, as amended, applicable to the C1 Commercial District and C2 Commercial District shall apply to the development of the Real Estate, in the areas designated on the attached map, except as modified, revised, or expressly made inapplicable by this PUD District Ordinance (this Ordinance ). Article crossreferences of this Ordinance shall hereafter refer to the Article section as specified and referenced in the UDO. Terms capitalized in this Ordinance (other than specific identifiers such as the Developer and the Real Estate ) refer to defined terms in the UDO. Pursuant to Article (F): Amendments to the Unified Development Ordinance, an amendment to the UDO shall apply to this Ordinance unless this Ordinance has specified an alternative development or design standard Concept Plan A. The Concept Plan is hereby incorporated. Per Article (A)(2)(a): Planned Unit Development District; General; Purpose and Intent, the Concept Plan (Exhibit C) 2

3 provides the Plan Commission and Town Council with a general vision for the development of the Real Estate Development Standards A. Cross References: The regulations of Article 02: Zoning Districts & Regulations and Article 05: Development Standards shall apply except as modified by this Ordinance: B. General Regulations: Article 2.026: C2 Commercial Districts Development Standards shall apply to the area (see Exhibit B) at the corner of 96 th Street and Mollenkopf Road. Article 2.024: C1 Commercial District Development Standards shall apply to the balance of the property except as modified below: (1) Minimum Setbacks shall apply except as modified below: o The Real Estate s north property line setback shall be a minimum of 35 feet, except as modified on the C2 properties per the attached Concept Plan. o Minimum building separation shall be 10 feet. (2) Open Space standard shall be as follows: o There shall be a maximum coverage of 75%. All of the pervious surface shall count toward the 25% Open Space. Examples of pervious surface would be buffer yards, detention ponds, and landscaping. C. Accessory Structure Standards (AS): shall apply. D. Architectural Design Standards (AD): shall apply except as modified below: (1) Article AD-3(A)(2): Architectural Design; Commercial; Exterior Materials shall be further restricted to require that exterior building materials be limited natural brick or stone, EIFS, fiber cement siding, and split-face concrete masonry units (CMU). EIFS shall be limited to 4 feet from grade and above, while split-face CMU shall be limited to 4 feet from grade and below. Elevations facing 96 th Street and/or Mollenkopf Road shall feature a minimum of 50% brick and/or stone. (2) Article AD-3 (D): Roof: shall apply; however, pitched roofs with asphalt shingles shall be required for all primary structures. (3) Article AD-3 (E): Mechanical and Utility Equipment Screening: shall apply however all mechanical and utility equipment shall be ground or wall mounted, and fully screened with landscaping, walls, and/or fencing. Mechanical and utility equipment shall not be roof-mounted. E. Density & Intensity Standards (DI): shall apply. F. Entrance & Driveway Standards (ED): shall apply except as modified below: (1) In the event a standard in Sections or conflict with a standard in the Town of Fishers Construction Specifications and Details, the Construction Specifications and Details shall supersede. G. Environmental Standards (EN): shall apply. H. Fence & Wall Standards (FW): shall apply. I. Floodplain Standards (FP): shall apply. J. Floor Area Standards (FA): shall apply. K. Height Standards (HT): shall apply. L. Home Occupation Standards (HO): shall apply. M. Landscaping Standards (LA): shall apply except as modified below: 3

4 (1) The perimeter parking lot landscaping areas along 96 th Street and Mollenkopf Road shall include tree and shrubs plantings as outlined in the UDO, in addition to a minimum 3 foot tall brick or stone wall. The wall shall complimentary to the primary structures on-site and shall a cap-stone. All perimeter landscaping shall be located between the wall and the perimeter right-of-way line. (2) A small buffer-yard shall be installed along the entire north property line of the Real Estate. In lieu of the required shrub plantings an 8 foot tall brick or stone wall shall be installed within this buffer-yard. This wall shall be complimentary to the primary structures on-site and located on top of the mound. A minimum of 75% of the required tree plantings shall be located between the wall and the Real Estate s north property line. The mounding shall not be required to undulate. (3) At least 50% of the required foundation plantings shall be required along the front elevation. N. Lighting Standards (LT): shall apply except as modified below: (1) All free-standing and wall mounted exterior light fixtures shall feature full cutoff luminaries. (2) Light shields will be added to lights near residences. (3) Height limitation will be twenty feet (20 ). (4) Decorative lights on the commercial buildings on properties adjacent to the residential uses will have more residential character. (5) The architecture and design of the light fixtures will be approved by the Department of Community Development. O. Loading Standards (LD): shall apply. P. Lot Standards (LO): shall apply. Q. Outdoor Storage Standards (OS): Outdoor storage shall not be permitted. R. Parking Standards (PK): shall apply except as modified below: (1) No parking spaces, drive aisles, or paved areas shall be closer than 10 feet from the right-of-way line of 96 th Street or Mollenkopf Road. (2) No more than 1 aisle with parking on both sides shall per provided between the front or side of the building(s) and 96 th Street or Mollenkopf Road. S. Pedestrian Accessibility Standards (PA): shall apply except as modified below: (1) Sidewalks adjacent to the buildings shall be required along all front elevations and any side elevations which feature adjacent parking areas. These sidewalks shall be a minimum of 6 feet in width. T. Performance Standards (PF): shall apply. U. Property Identification Standards (PI): shall apply. V. Public Improvement Standards (PV): shall apply. W. Setback Standards (SB): shall apply except as modified below: (1) Article SB-03(B): Setback Standards; Commercial shall not apply to the Real Estate s north property line. X. Sewer & Water Standards (SW): shall apply. Y. Sexually Oriented Business Standards (SX): shall apply. Additionally, the Real Estate s Covenants and Restrictions shall include a statement prohibiting the Sexually Oriented Business uses as listed in Section 1.01: Permitted Uses; Excluded Uses of this Ordinance. Z. Sign Standards (SG): shall apply except as modified below: 4

5 (1) All wall and ground signs shall be (i) reverse channel letter; or (ii) externally lit with gooseneck light fixtures. (2) Exposed running ways shall not be permitted. (3) All ground signs shall be architecturally compatible with the primary structure. Only routed copy or channel letters shall be permitted on ground signs. AA. Structure Quantity Standards (SQ): shall apply. BB. Telecommunication Facility Standards (TC): shall apply. CC. Temporary Use/Structure Standards (TU): shall apply. DD. Use Specific Standards (US): shall apply Design Standards A. Cross References: The regulations of Article 07: Design Standards applicable to a Planned Unit Development (PUD) shall apply except as modified by this Ordinance: B. Access Road Standards (AC): shall apply. C. Alley Standards (AL): shall apply. D. Anti-monotony Standards (AM): shall apply. E. Common Area Standards (CA): shall apply. F. Covenant Standards (CE): shall apply. G. Dedication of Public Improvement Standards (DD): shall apply. H. Density and Intensity Standards (DE): shall apply. I. Development Name Standards (DN): shall apply. J. Easement Standards (EA): shall apply. K. Erosion Control Standards (EC): shall apply. L. Floodplain Standards (FL): shall apply. M. Lot Establishment Standards (LT): shall apply. N. Mixed Use Development Standards (MU): shall apply. O. Monument & Marker Standards (MM): shall apply. P. On-street Parking Standards (OG): shall apply. Q. Open Space Standards (OP): shall apply with the following exception: There shall be a maximum coverage of 75%. All of the pervious surface shall count toward the 25% Open Space. Examples of pervious surface would be buffer yards, detention ponds, and landscaping. R. Pedestrian Network Standards (PN): shall apply. S. Perimeter Landscaping Standards (PL): shall apply except as modified per Section 1.04(M) of this Ordinance. T. Prerequisite Standards (PQ): shall apply. U. Storm Water Standards (SM): shall apply. V. Street & Right-of-way Standards (SR): shall apply. W. Street Lighting Standards (SL): shall apply. X. Street Name Standards (SN): shall apply. Y. Street Sign Standards (SS): shall apply. Z. Surety Standards (SY): shall apply. AA. Utility Standards (UT): shall apply Miscellaneous Standards 5

6 A. Service Hours: Trash removal, compaction, service vehicles, deliveries, parking lot sweepers, etc. shall not be permitted between the hours of 9pm and 6am. B. Development Phasing: All properties within the same district (i.e., C1, C2) shall be developed at the same time. Therefore, there shall be a maximum of two (2) phases of development Procedures The procedures set forth in Article 9: Processes, Permits, and Fees; Planned Unit Development shall apply. Site plans shall be reviewed and approved based upon compliance with the development and design standards set forth herein. This PUD shall be assigned to the Regular PUD Committee, which consists of 3 members for review pursuant to Article Planned Unit Development; Final Development Plan. The Committee shall have discretion and flexibility to consider and approve modifications pertaining to architecture, signage and landscaping design standards established or referenced by this Ordinance if the Committee determines such modifications are consistent with the intent of this Ordinance and consistent with the quality and character represented in this Ordinance Adoption This ordinance shall be in full force and effect from and after its passage by the Town Council and after the occurrence of all other actions required by law. All provisions or parts thereof in conflict herewith are hereby repealed. 6

7 Upon motion duly made and seconded, this Ordinance was fully passed by the members of the Town Council this day of, THE TOWN COUNCIL OF FISHERS, HAMILTON COUNTY, INDIANA AYE NAY BY: John W. Weingardt, President C. Pete Peterson, Vice President Michael Colby, Member Renee Cox, Member Stuart F. Easley Member Scott A. Faultless, Member David C. George Member ATTEST: Linda Gaye Cordell, Clerk-Treasurer, The Town of Fishers, Indiana 7

8 EXHIBIT A Real Estate 8

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18 Parcel 10 Parcel 11

19 Exhibit B - Commercial Districts

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