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HomeMy WebLinkAboutOrdinance - Revision 1: 03-01-01 _s • MAR 01 '01 14:50 FR 30S!= MCKINNEY NORTH 317 574 3716 TO 657#12664 112#5712 P.01/35 fl a • ROSE 4,011 k4 MeKINNEY Frvr.,f 7s & E�] N John. K. Srneltzer aril�S LLP W 1 a 2 North Office CO3 Direct Dial(317)574-3707 ATTORNEYS AT LAW try E-Mail:iSmeltzereboselawLam F QO tc) Date: March 1,2001 Time: 2:34 PM From: John K.Smeltzer CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s)or entity(ies)named below. 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. To: Laurence Lillag _ Telecopy No.: (317)571-2426 To: Terry Jones Telecopy No.: (317 571-2426 User Number: 851 Client: 12664 Matter: 2 Total Number of pages transmitted(including cover sheet): 36 PART 2 OF 2 Re: USTA Planned Unit Development- Ordinance No. 14-01Z Attached you will find a revised PUD which incorporates the changes proposed in our last meeting. In Section 4.6(c)we believe the height of the light standards at the Five Seasons is 30 feet. We anticipate obtaining more definitive information in the next few days and we will change that height upon receiving the information. As requested, we have also enclosed a redlined version of the PUD ordinance which compares Packwood West's PUD with the proposed USTA PUD. Please call me at 574-3707 with any questions or comments. Thank you. If you experience any problems in receiving any of these pages,please call(317)574-3705 as soon as possible. Thank you. 39052_I.DOC Downtown • 2700 First Indiana Plaza • 135 North Pennsylvani Street • Indianapolis,Indiana 411204 • (317)6545000 • FAX(317)bts4-5173 North Office • 00U tast ebth Street • Suite 500 • Indianapolis,Indiana 46240 • (317)574-3700 • SAX(317)574-3716 www.boselaw.cnm //A • • Revision 1 - 3/01/01 004,0 11 o0016,(94 ORDINANCE NO. 2-359 14-01Z {154-00-Z) PARKWOOD CROSSING WEST USTA PLANNED UNIT DEVELOPMENT DISTRICT C:ITEMP\RESULT OF COMPARISON 35950 VER 11 WPD , 6600=1.96th St_e, T.000 , 347-574-3700 Ordinance 59 Ordinance No. 14-01Z AN ORDINANCE ESTABLISHING THE USTA Planned Unit Development District WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with the requirements of IC§36-7-4-1500 et seq.; and WHEREAS,the Carmel Plan Commission(the"Commission")has given a favorable recommendation to the ordinance set forth herein (the"Ordinance")which establishes the USTA Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that, pursuant to IC §36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance. CHAPTER 1.0 APPLICABILITY OF ORDINANCE. Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit A (the "Real Estate"), as a Planned Unit Development District to be known as USTA. Section 1.2 Development in the Planned Unit Development District shall be governed entirely by (i) the provisions of this Ordinance, (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Ordinance,and (iii)the"Commitments Concerning the Development and Usc of Real Estate" - -- --' -- - - -" . In the event of a conflict between this Ordinance '- - .:•- : - - --• -- - - - and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance '- -• -- - - - shall apply. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD • Section 1.3 Any term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance, unless the context otherwise requires. CHAPTER 2.0 PERMITTED USES. Section 2.1 Permitted Primary Uses. fir. Office, Any Type - - - - - ' - - ' - - - - - - - - - - - - - - - - - - - Section 2.2 Permitted Accessory Uses and Structures. Accessory uses and structures, subordinate, appropriate and incidental to the above-permitted primary uses shall be permitted, including trash enclosures, Automated Teller Machines (ATMs); and utilities. The following accessory retail and service commercial uses shall be permitted within the building - : ..• - : - . -: - - - - : - .. : •• •- . Cafeteria/Deli/Coffee Shop Photocopying and Duplicating Services The following accessory supportive service uses shall be permitted within the buildings) Conference Center Day Care Ccnter Fitness Center Accessory uses, accessory retail, accessory service commercial, accessory supportive services, or accessory structures, if utilized, shall: A. have as their primary purpose serving the occupants or employees of the buildings; and, B. have a total gross square footage for all accessory uses which does not exceed 5,000 square feet. - - - . - : - - - - • -- : - • • - - :•• •-: : - -. • -, C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 2 • • __ _ _ _ - Scction 2.4 Section 2.3 Communication Equipment. Cell towers shall not be permitted. Communications equipment, as required by the building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. CHAPTER 3.0 GENERAL PROVISIONS. Section 3.1 Minimum Parcel Size. The USTA PUD parcel shall have a minimum size of - - • e : --. - . : :- : , - • - , : - - •i - - - - - - - - • - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - pareeft one and one half(1.5) acres. However, the development of the parcel must still conform to the DP for the Real Estate as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. Section 3.2 Maximum Building Height. All uses, sevcnty-nine (79)forty five feet(45) feet; provided, however, no building shall exceed a height of five (5) two (2) stories and no penthouse or other appurtenance shall exceed : - - : ••• - - : - - - - : :: • - - - et the height of the building. - - - - - - - - - Scction 3.4 Section 3.3 Minimum Building Height. All uses, fourteen (14) feet, with a minimum of twelve (12)feet to the lowest eaves fora building with a gable, hip or gambrel roof. Section 3-5 3.4 Maximum Parcel Coverage. A. Maximum Parcel Coverage of the Real Estate shall be sixty-five percent (65%). B. Maximum Floor Area Ratio(F.A.R.)of the Real Estate shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of all buildings on the Real Estate by the area of the Real Estate. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 3 s Section 376 3.5 Architectural Design Requirements. A. Scale and proportion:All building facades, including doors,windows,column spacing, and signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1, as a general guideline. B. Suitability of building materials: A minimum of three materials shall be used for building exteriors from the following list:stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal. C. Building design: All buildings shall be designed with a minimum of eight external corners, in order to eliminate monotonous box buildings, unless otherwise approved by the Commission. D. Roof design: Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. E. Building penthouses: Building penthouses must be incorporated into the building facade design, including exterior materials specifications. Section 377 3.6 Other Requirements. A. Outside Storage of Refuse. No outside, unenclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within the building(s) or in separate accessory structure(s). Any separate accessory structure designed for refuse storage shall be architecturally compatible with the building(s). B. Loading Berths. No loading or unloading berth or bay shall be visible from any adjacent residential area. C. Mechanical Equipment.Any mechanical equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. All HVAC equipment ' shall be located on the roof of the building - - - 6 - - - -6 - - - - -'abatement-feature-37. s CHAPTER 4.0 OFrICE AREA -CHAPTER 4.0 SPECIFIC PROVISIONS. Section 4.1 Minimum Building Setbacks. The minimum building and setbacks shall be as follows: (a) 115 fcct from the West-Scction Line, (b)20 C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 4 • Line. 15 foot setback line from property line facing 1-465, (b) 35 foot setback line from property line facing south and east toward 96th Street (including Monon Trail), and (c) 10 foot setback line from the west property line. Section 4.2 Minimum Gross Floor Area. A. All-buildings The building shall have a minimum of fifteen seven thousand {15,000)(7,000) square feet of gross floor area, excluding the floor area of any accessory structure(s). B. Accessory structures permitted need not meet the minimum floor area requirement. Section 4.3 Maximum Density. Maximum gross floor area for links upon the Rcat-Estate (net of all proposed rights-of-way)shall be 591,300 square fcet (a maximum of 8,000 square fcet for a day care center; 5,000 squarc fcet for a fitness - - - - - - -• • - - - - - - - - -- - - - - - -- -- - - - - - - - - - - - 4. - - - - - - - DC . a - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - taking7 the building shall be 30,000 square feet. Section 4.4 Landscaping Requirements. A. Landscape Plan. A Landscape Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (1) shall be drawn to scale, including dimensions and distances; (2) shall delineate all existing and proposed buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways, ground and monument signs, lighting standards, steps or other similar structures; and (3) shall delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas; and; (4) shall delineate the location, size and description of for all existing trees 92" DBH or larger which are located within any Planting Strip required in Section 4.4.B. Landscape treatmcnt for plazas, roads, paths, service and - V - -- - - : 6- ': - -: : : •- -• - : - : -:: :'- : -: :: - : - C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 5 • B. Areas to be Landscaped. 1. Crccnbelt: - 6 - - - - 6 . 6 -6 - - -- - - - - - - - - requircmcnts of Section 4.4.C. * 2 moved from here; text not shown 2. Planting Strip: * 1 moved from here; text not shown 6. . • : -: - - : - . - : - :'-: - -- • : U - : - •- , stcps, walks, terraces, bike paths, drivcways, lighting standards, signs, and othcr similar 3 1. Planting Adjacent to Buildings: a. A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). b. Outdoor terraces, sidewalks and driveways may be permitted in these areas. c. If an outdoor terrace, sidewalk or driveway cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting. d. These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace area. 2. Planting Strip: ** 1 a. There shall be landscaped planting areas located adjacent to the RdDO-T right-of-way which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 4.4.0 hereof. ** 2 b. These landscaped areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures (excluding parking). C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 6 • • 4 3. Planting Within Parking Lots: A minimum of (a) one (1) shade tree and five (5) shrubs or (b) two (2) shade trees shall be planted within each parking lot island at a rate not less than eighteen (18) trees per acre of parking. (See Section 4.4.C.1 4.4.0 for minimum planting area requirements.) S 4. Total Landscaping Required: Inclusive of the grccnbclts, the planting strips the planting adjacent to the building(s), outdoor terrace areas and the planting within surface parking lots, a minimum of fifteen percent (15%) of the e - -- -=, --•- • - : - . • : = = •- 6, Real Estate shall be landscaped. C. Landscaping Standards. 1. Interior Areas. The dimensions, specifications and design of any • planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 7 • S Shrubs (only): 5 feet wide 2. Crcenbelt. The greenbelt areas, as designated in Section 4.4.B.1., shall - - - - - - - • - - - - Spring Mill Road a distance of approximately five hundred (500) feet north of the South - - - - - - • - - : - - a . - - - ': - - - : - - . - °: " : - - : - -- - : -: -- -- - - -- 3. Planting Strip. The primary landscaping materials used in the planting strip areas and adjacent to builds the building shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linear feet will be designated for the planting strip areas which includes: Three (3) shade trees; or, Five (5) ornamental trees or five (5) conifer trees; and Fifteen (15) shrubs. 4 3. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: a. Shade Trees: A minimum trunk diameter of 2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 'A of tree height. b. Ornamental Trees: A minimum trunk diameter of 1.75 inches at six (6) inches above the ground line, a minimum height of six(6)feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. c. Evergreen Trees: A minimum height of eight-(8) six JD feet. d. Deciduous Shrubs: A minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 8 • i e. Evergreen Shrubs: A minimum height and spread of twenty-four (24) inches. D. Landscaping Installation and Maintenance. 1. Installation. All required landscaping for the development 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 prior to the issuance of the final Certificate of Occupancy. 2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance.This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. 3. 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 and material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. 4. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Section 4.5 Parking Requirements. A. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. B. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building*. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 9 S • C. The minimum maximum number of parking spaces required shall be eighty-eight (88) spaces. - - - : - : : - -•■ - - - - - - - - - - - - - - State rcquirements. layout, spread and intcnsity of all site lighting, including: - - - - - - - -•'-- - - - - - - - - - ' 3. Sccurity lighting; 4. Lighting of pcdcstrian ways; and - C. The hcight of light standards shall not excccd twenty-cight(28) feet from the top of the fixture to the top of the pole base. Except, however, the height of light standards on the top the top of the pole base. The base of the pole shall not excccl-two-(2)-fcct in hcight. * 3 moved from here; text not shown commercial, and accessory supportive scrvices shall be limited to lower level signs. • • • - - - C:ITEMP\RESULT OF COMPARISON 35950 VER 11 WPD 10 S • :-; - - : - ; -; - ; ; - - - - - - •• - - , - ; - - - - • - • facade • - - - - - - 6. Sign Permit: Rcquired. 7. Fccs: Required. B. Lower Level Signs. * 4 moved from here; text not shown - -'- - - -'- - - - - - - - - -•- - '- -' '- - - G Illumination: Internal 7. tees: Rcquired. - - - - - - - • -- '- - - - - - - - - - - - - -'- - '- - • • - - West - - - - 5. Design: Signs must comply with the-apprevc cetura cme of the complex, and C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 11 M • . . - :: ". - -- . - : - . e - :: - -: i • : - • . . . :total sign area. 8. Sign Permit: Rcgui-ed. 9. Fees: Required. D. Other Provisions. Section 25.7.01 - "General Provisions" and 25.7.06-25.7.09 - "Legal CHAPTER 5.0 OUTLOT AREA- SPECIIIC REGULATIONS. - - • - - - - . . • - -- - - - - Section line - - - - - - - ... - feet. B. Accescerq structures permittcd need not meet the minimum floor area requirement. - - - - - - - - - • I - - - - - _ .. - - - - - - - - - --•-- - -- • .- . - -- - - - - - - permitted primary u3c- • 3ignagc}-ire submitted. The Landscape Plan (1) shall be drawn to scale, including • - . - - 6; - : : - : -, ' : - - - : - : - : -:' . .• ., - - --- : '• - . e -, : 6 • -6 • 6 -: ': -, - - : - : : - - - •6 '6 - : : : . .. . . • . . -- : - - - -: - - •6 : - - - - •11 -- - ' - - - - - - - • - - -- - - - - - - -- - - - - - - - - . . . . . . . -. . -41 . • - - - - - . . . Estate- C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 12 B. Areas to be Landscaped. 1. Planting Strip: _. - - - - - _ : - = - - - -: :-a ; ; - "- : _ -: - located-adjacent to the INDOT right-of-way • . . • - - : ;- • -; - -. :•-: - - • : • - : - •: , - - : • : - - • -- -; - • • -- - - - - b. Outdoor terraces, sidewalks and driveways may be-permitted in these areas. .A.' - - £ --•- - - - - lots, a minimum of fifteen percent(15%)of the Outlot Afea, minus any INDOT taking, shall bed - - ' £ - - - - - -' - - '- - - - -' - ' - - - -'- - - - - - - '- - - - - planting median shall be sufficient to protect the landscaping materials planted therein and be-used C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 13 • S Shrubs (only): 5 fcct wide 2. Planting Strip. The primary landscaping materials used in the planting strip areas and•• - - - •• - designated for the planting strip areas which includes: Three (3) shade trees; or, than 1/, of trce hcight. • - - - - . - • ■ • - - - - -- : - : - - - -'-; - - - -- - 5555 . : - -S - - - - - - - -- - - - - - - : • - : - - : : - -- - U - - : 55 : 57 - • ■ C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 14 S 3. Changes After Approval. No landscaping which has been approved by the Commission , - : - : : - - : - - - - -• - - - Section 5.5 Parking Rcquiremcnts. - - - - - . - - - - - {4) patron scats, plus one (1) space per employee per largest shift. D. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. Section 576 4.6 Lighting Requirements. A. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting ("ADLS1 approval petition). The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 1. Parking lot and service/storage area lighting; 2. Architectural display lighting; 3. Security lighting; 4. Lighting of pedestrian ways; and 5. Landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 15 411 • C. The height of light standards shall not exceed thirty (30) feet from the top of the fixture to the top of the pole base. The base of the pole shall not exceed two (2) feet in height. ** 3 D. All exterior and street area lighting fixtures shall be of the "shoebox" variety which directs light downward. Any parking lot lighting or building lighting illumination emanating from the Real Estate development shall not exceed 0.1 footcandle at the north right-of-way line of -- •a - - - • - - - •- Read- East 96th Street. • . - - - - - - „ „- - . - - - - - - - • Read-. C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 16 • • Section mss-4.7 Signs. (3) building facades per business. 2. Maximum Sign Area: Ground Sign - 60 square feet - - - 3. Maximum Sign Height: Ground Sign - 6 feet - - - - - - - - - a - - - - A - - - - - - - .. . • . . .. . • . • . . . . . . . . . . . . . . . . . . . . . . . - - : - - - : ; -; -- ; - - . - - - : -:. A. Wall Signs. **41. Number&Type: The maximum number of Identification Signs permitted shall be six-(6) three (3) wall signs. 2. Maximum Sign Area: 90 square feet each. 3. Location: The signs may be located on either the north (northwest), south (southeast, southwest) or west facades. 4. Design: All walls signs shall consist of individual letters. 5. Illumination: Internal. 6 S. Sign Permit: Required. 9 7. Fees: Required. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 17 • • B. Parkwood Crossing Wcst USIA Center Identification and Real Estate (Leasing) Signs. 1. Number & Type: As approved by an ADLS Sign Program for One brass plate (or similar material) identifying the major tenant on the brick column located on East 96th Street - maximum of 4 square feet. 2. Any future Center Identification Sign shall be approved as requested by an ADLS petition. - - - - - • 3. All Real Estate (Leasing) Signs shall be permitted as approved by the Director. • - - - - - - - -- - - West. total--sign-area- 8 4. Sign Permit: Required. 9 5. Fees: Required. C. Other Provisions.Section 25.7.01 -"General Provisions"and 25.7.06-25.7.09 -"Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel/Clay Township Sign Ordinance Z-302, are also incorporated by reference. CHAPTER 670 5.0 APPROVAL PROCESS. Section 64 5.1 Approval of ADLS. A. The Commission shall consider an ADLS approval petition for any the building within the USTA development. C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 18 • • B. The ADLS approval request shall be a specific plan consisting of the architectural design of the building, landscaping, lighting, and signage for a site within the USIA development. C. The Commission shall approve the ADLS without conditions or approve with conditions. D. If there is a substantial alteration in the approved ADLS plans, review and approval of the amended plans by the Commission shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor and material alterations may be approved by the Director. E. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation imposed by this Ordinance or approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 6.2 52 Approval or Denial of the Development Plan. A. The Plan Commission shall approve a conceptual Development Plan (the "DP") - - : - - - - - - - - : - -- - - - Exhibit C. B. The Director shall approve without conditions, approve with conditions, or disapprove the final DP for any project within USTA; provided, however, that the Director shall not unreasonably withhold or delay his/her approval of a final DP that is in substantial conformance to the conceptual DP and is in conformance with the development requirements of this Ordinance. If the Director disapproves the final DP for any project the building within USTA, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the final DP for hearing before the Plan Commission. C. An amendment to a final DP which does not alter the use of any land may be reviewed and approved by the Director. D. The final DP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval by the Director showing proposed facilities and structures, parking,drainage, erosion control, utilities and building information. CHAPTER 7-79 6M DEFINITIONS AND VIOLATIONS. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 19 • • Section 7. 1-6.1 General Rules of Construction; Definitions. A. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this Ordinance: 1. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 2. Words used in the present tense include the past and future tenses, and the future the present. 3. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word"should"is a preferred requirement. B. Definitions: 1. Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. • - : : : : •- : ■ • . • - • -. 2. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. 3. Alteration, Material:Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. 4. Alteration, Minor: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials. 5. Alteration, Substantial: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. 6. Antenna: A structure or device that is used for the purpose of collecting or : - - - - : -•: - : -, •- : : - : . : , : : •: - : - - . - : . ..' - : :'=, - - panels, and microwave or sate -is,hcs. The tcrm does not include an amateur radio station antenna C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 20 • •l S. Automated Teller Machine(ATM): A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion of a customer identification card, password or similar device. :6: - - -- - : 6: A - 1-0 7. Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. When attached by a single-story structure, each multi-story portion of a structure shall be considered a separate building. 1 _ 1-1- 8. Building or Structure, Front Line of: The line of the face of the building or structure nearest the South Section Line; not counting patios, terraces, etc. 1-2 9. Building Height: The vertical distance from the grade at the main entrance to the top of the parapet that comprises the majority of the perimeter of the building. 13 10. Building or Structure Setback Line: (Sometimes called a Building Line)The line nearest the front of and across the Real Estate establishing the minimum open space to be provided between the front line of a building or structure and the South Section Line. 1-4 11. Cafeteria/Deli/Coffee Shop: An establishment located within the building(s) where food and drink is prepared, served and consumed primarily within the building(s) by the occupants of the building(s) and their guests. -1-612. Certificate of Occupancy:A certificate signed by the Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Ordinance. 17. City: The City of Carmel, Indiana. C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 21 • • 1-8: 13. Commission: The Carmel/Clay Plan Commission. 19. Commitmcnt: An official agrccmcnT,T made in accordancc with Indiana ordcr or request of the Commission, as recorded in the Office of the Recorder of Hamilton County, • • - -- • - • - - - - - - - -- - - - - - - - - - - - - - etc.) 2-1- 14. Conference Center: A meeting room provided as an amenity for, and made available to, all occupants of the building(s) and their guests. :. - : : ; . •, - ;': - 24. Day Care: An-erga-rcd group program for the care of children away from their own - - -- : - : : - : : .. - . :. - : : . , : : - ;- - - - : 2515. Development Plan: A specific plan for the development of real property that is submitted for Plan Commission approval showing proposed facilities, buildings and structures. This plan review includes general landscaping, parking, drainage, erosion control,signage, lighting, screening and buildings building information for a site. A development plan may include only parcels that are contiguous and not separated by the right-of-way of any highway in the state highway system. (Amcndcd by Z-333) 26 16. Development Requirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a development plan. 27 17. Diameter at Breast Height (DBH): Diameter of the trunk measured at fifty-four (54) inches above grade. 2-818. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 22 • 29. Dish: That part of the earth station shapcd like a saucer or dish. • - - - - -- £ - - - - -- • 34 19. Financial Institution: Any building wherein the primary occupation is concerned with such Federal or State regulated businesses as banking, savings and loans, loan companies and investment companies. 33 20. Floor Area Ratio (F.A.R.): The gross floor area of all stories of all buildings within the Real Estate divided by the total horizontal area within the Real Estate boundaries. 347 21. Footcandle: A unit of illumination. It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. 35. Front Yard: The side of the Rca nt to the 06th 36. Crccnbelt: That portion of the front yard of the office area which is immcdiately - - 6 - - • - - - 36 22. Gross Floor Area (Construction Area): The floor area, excluding any penthouse areas, as measured by the face of the exterior building material. 23. Habitation/Occupancy: The act, state or condition of being or becoming a tenant or taking space in a building or on a land area. 24 as HVAC: Heating, ventilation and air conditioning equipment. 40. Landscapcd Crcen Area:An arca which includes live plantings other than C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 23 • • • - shade t. 4-1725. Landscaping:The improvement of the Real Estate with grass and mounding, shrubs,trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. • - - - •feet, measured from grade level. 44 26. Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, including but not limited to professional offices, business or personal service offices, financial institution offices, sales offices, real estate offices, and governmental offices. e - -- • - - • - - -- • - - of the West Scction Line, as shown on Exhibit C. • - - - - - - - - - - - - 47 27. Parcel Coverage: The total ground area, within the Real Estate, covered by buildings, parking-p-lazas and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. • - - - - -of the structure: 49 28. Parking Space: An area having a rectangular area of not less than one hundred eighty (180) square feet and a minimum width of nine (9) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile. C-\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 24 i • of such space shall be seven (7) feet. 50 29. Photocopying and Duplicating Devices: A facility providing reproduction, cutting, printing, binding, etc. of written materials, drawings, labels, etc. for occupants of the building(s). 51- 30. Planting Strip: A section of land not less than ten (10) feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities. 52 31. Pond: A body of water either occurring naturally or artificially created and not fed by any watercourse. 53 32. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. 54. Receiver:A-tclevision set, radio, communication device or data input device that utilizes the signals from the cam-station. - - - -- for consumption either within the restaurant building, on-premise or off-premise. 5$33. Right-of-Way:An area of land permanently dedicated to provide light, air and access. 59 34. Setback: The least measured distance between a building or structure and the South Section Line, the side property line of the Real Estate or the rear property line of the Real Estate. C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 25 . . 60 35. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, • Ordinance Z-196, as amended. 6.1.36. South Section Line: The South Line of the Southwest Quarter of Section 14 12, Township 17 North, Range 3 East. 62-37. Story: That part of any building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. 63 38. Street: A right-of-way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. 64 39. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. - - - - • - '- -• - - - - - - V. - - - - - - - - - -'- - 66 40. Use: The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. 17 North, Range 3 East. Scction 7.2 Section 6.2 Violations of Ordinance. All violations of this Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. (Signature Page Follows) C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 26 • ! PASSED by the Common Council of the City of Carmel, Indiana, this day of , 2001, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby, President N.L. Rundle John R. Koven Robert Battreall Luci Snyder Ronald E. Carter Wayne A. Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana, on the day of , 2001. Diana L. Cordray, IAMC, Clerk-Treasurer C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 27 • • COMPARISON OF HEADERS -HEADER 1- Draft: 8/18/2000 Reviscd: 9/18/2000 10/17/2000 10/25/2000 11/20/2000 11/22/2000 12/05/2000 12/08/2000 12/13/2000 12/19/2000 1/09/2001 Revision 1 - 3/01/01 C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 28 • • REVISION LIST The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new documents. [1:2 1:2] Changed "Z-359" to "14-01Z" [1:3 1:3] Del Para "(154-00-Z) PARKWOOD CROSSING WEST" [1:5 1:3] Add Para "USTA" [1:7 2:1] Del Paras "This Instrument ... (154-00-Z)" [2:3 2:1] Add Para "Ordinance No. 14-01Z" [2:4 2:3] Changed "PARKWOOD CROSSING WEST" to "USTA" [2:7 2:6] Changed "Parkwood Crossing West " to "USTA " [2:10 2:9] Changed "Parkwood Crossing West" to "USTA" [2:11 2:10] Changed "Ordinance, ... "Commitments")." to "Ordinance." [2:11 2:10] Changed "Ordinance ... Commitments) and" to "Ordinance and" [2:11 2:10] Changed "Ordinance ... Commitments) shall" to "Ordinance shall" [3:3 2:14] Changed "A. Office," to "Office," [3:5 3:1] Del Paras "B. Restaurant (no ... Drive-Through Restaurant)" [3:5 3:1] Changed "(ATMs), and" to "(ATMs) and" [3:6 3:2] Changed "building(s) ... buildings:" to "building:" [3:9 3:5] Changed "building(s) ... building(s):" to "building:" [3:11 3:7] Changed "Day Care Center Fitness" to "Fitness" [3:15 3:10] Changed "35,000 square feet." to "5,000 square feet." [3:16 3:11] Del Paras "Section 2.3 Parking ... shall be permitted." [4:3 3:11] Changed "Section 2.4 " to "Section 2.3 " [4:5 3:13] Changed "Parkwood Crossing West " to "USTA " [4:5 3:13] Changed "twenty(20) ... the parcel. " to "one and one half(1.5) acres. [4:6 3:14] Changed "seventy-nine (79) " to "forty five feet (45) " [4:6 3:14] Changed "five (5) " to "two (2) " [4:6 3:14] Changed "a height of ... building parapet."to "the height ... building." [4:7 3:15] Del Para "Section 3.3 Maximum ... twenty-nine (29) feet." [4:8 3:15] Changed "Section 3.4 " to "Section 3.3 " [4:9 4:1] Changed "3.5 " to "3.4 " [5:1 4:4] Changed "3.6 " to "3.5 " [5:7 4:10] Changed "3.7 " to "3.6 " [5:10 4:13] Changed "equipment ... Area shall" to "equipment shall" [5:10 4:13] Changed "(s) and the ... features." to "." C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 29 • • [5:11 5:1] Changed "CHAPTER 4.0 OFFICE AREA - " to "CHAPTER 4.0 " [5:12 5:2] Changed "Building and ... Setbacks." to "Building Setbacks." [5:12 5:2] Changed "building and ... plaza setbacks" to "building setbacks" [5:12 5:2] Changed "115 feet from ... Section Line." to "15 foot setback ... property line." [6:2 5:4] Changed "All buildings " to "The building " [6:2 5:4] Changed "fifteen " to "seven " [6:2 5:4] Changed "(15,000) " to "(7,000) " [6:4 5:6] Changed "all buildings ... proposed taking." to "the building ... square feet." [6:6 5:8] Changed "the Commission" to "the Plan Commission" [6:6 5:8] Changed "structures; (3)" to "structures; and (3)" [6:6 5:8] Changed "and, (4)" to "and (4)" [6:6 5:8] Changed "and description of all existing" to "and description for all existing" [6:6 5:8] Changed "" " to "" " [6:6 5:8] Changed "any Greenbelt or Planting" to "any Planting" [6:6 5:8] Changed "4.4.B. Landscape ... Real Estate." to "4.4(B)." [7:2 6:6] Mvd Para "b. The greenbelt ... (excluding parking)." [7:4 6:5] Mvd Para "a. There shall ... Section 4.4.0 hereof." [6:8 5:10] Del Paras "1. Greenbelt: ... Section 4.4.C." [7:3 5:10] Del Para "2. Planting Strip:" [7:5 5:10] Del Para "b. These landscaped ... (excluding parking)." [7:6 5:10] Changed "3" to "1" [7:11 6:4] Add Para "2. Planting Strip:" [7:4 6:5] Mvd Para "a. There shall ... Section 4.4.0 hereof." [7:4 6:5] Changed "the INDOT right-of-way" to "the right-of-way" [7:2 6:6] Mvd Para "b. These landscaped ... (excluding parking)." [7:2 6:6] Changed "The greenbelt " to "These landscaped " [7:2 6:6] Changed "signs and" to "signs, and" [7:11 6:7] Changed "4." to "3." [7:11 6:7] Changed "4.4.C.1 " to "4.4.0 " [8:1 6:8] Changed "5." to "4." [8:1 6:8] Changed "of the greenbelts, ... strips, the" to "of the" [8:1 6:8] Changed "Office Area, ... INDOT taking, " to "Real Estate " [8:7 7:3] Changed "2. Greenbelt. ... building." to "2" [8:8 7:4] Changed "3." to "." [8:8 7:4] Changed "buildings " to "the building " [9:4 7:8] Changed "4" to "3" [9:7 7:11] Changed "eight (8) " to "six (6) " [9:11 7:15] Changed "for each phase of the" to "for the" [10:5 8:6] Changed "building(s)." to "building." [10:6 8:7] Changed "minimum " to "maximum " [10:6 8:7] Changed "three and ... floor area." to "eighty-eight (88) spaces." [10:7 8:7] Del Paras "D. There shall ... feet in height." C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 30 S [11:3 9:8] Mvd Para "D. All exterior ... Spring Mill Road." [11:14 9:11] Mvd Para "1. Number & Type: ... (6) wall signs." [11:4 8:8] Del Paras "Section 4.7 Signs. ... Lower Level Signs." [11:15 8:8] Del Paras "2. Maximum Sign ... largest shift." [16:1 8:9] Changed "5.6 " to "4.6 " [16:2 8:10] Changed "("ADLS" approval petition)." to "("ADLS") approval petition." [16:9 9:7] Changed "twenty-eight (28) " to "thirty (30) " [16:9 9:7] Changed "feet." to "feet in height." [11:3 9:8] Mvd Para "D. All exterior ... East 96th Street." [11:3 9:8] Changed "West 96th ... Mill Road." to "East 96th Street." [16:10 9:9] Del Para "D. All exterior ... Spring Mill Road." [16:11 9:9] Changed "5.7 Signs." to "4.7 Signs." [16:12 9:10] Del Paras "A. Outlot Area ... completely shielded." [17:5 9:10] Add Para "A. Wall Signs." [11:14 9:11] Mvd Para "1. Number & Type: ... (3) wall signs." [11:14 9:11] Changed "six (6) " to "three (3) " [17:5 9:12] Add Paras "2. Maximum Sign ... Illumination: Internal." [17:5 9:16] Changed "8" to "6" [17:6 9:17] Changed "9" to "7" [17:7 9:18] Changed "Parkwood Crossing West " to "USTA " [17:8 9:19] Changed "Number & Type: ... Crossing West." to "One brass ... square feet." [17:9 10:1] Changed "2. Maximum ... Crossing West." to "2. Any future ... petition." [17:10 10:2] Changed "3. Maximum ... Crossing West."to "3. All Real ..: Director." [17:11 10:3] Del Paras "4. Location: As ... total sign area." [17:15 10:3] Changed "8" to "4" [18:1 10:4] Changed "9" to "5" [18:3 10:6] Changed "6.0 " to "5.0 " [18:4 10:7] Changed "6.1 " to "5.1 " [18:5 10:8] Changed "any " to "the " [18:5 10:8] Changed "Parkwood Crossing West" to "the USTA development" [18:6 10:9] Changed "any buildings" to "the building" [18:6 10:9] Changed "Parkwood Crossing West " to "USTA " [18:10 10:13] Changed "6.2 " to "5.2 " [18:11 10:14] Changed "The Commission" to "The Plan Commission" [18:11 10:14] Changed ""DP") simultaneously ... Exhibit C." to ""DP")." [18:12 11:1] Changed "within Parkwood Crossing West;" to "within USTA;" [18:12 11:1] Changed "any project ... Crossing West," to "the building within USTA," [18:12 11:1] Changed "the Commission." to "the Plan Commission." [19:3 11:4] Changed "7.0 " to "6.0 " [19:4 11:5] Changed "7.1 " to "6.1 " C:\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 31 • [19:10 11:11] Changed "occupancy. ... structure." to "occupancy." [20:3 12:3] Changed "6. Antenna: ... station antenna." to "6" [20:4 12:4] Del Para "7. Architectural ... registered architect." [20:5 12:4] Changed "8." to "." [20:6 12:5] Del Para "9. Board: The Carmel/Clay ... Zoning Appeals." [20:7 12:5] Changed "10" to "7" [20:7 12:6] Changed "building. ... building." to "" [20:8 12:6] Changed "11" to "8" [20:8 12:6] Changed "Line, not" to "Line not" [20:9 12:7] Changed "12" to "9" [20:10 12:8] Changed "13" to "10" [21:1 12:9] Changed "14" to "11" [21:2 13:1] Del Para "15. Centerline: ... and/or pavement." [21:3 13:1] Changed "16" to "12" [21:4 13:2] Del Para "17. City: The City of Carmel, Indiana." [21:5 13:2] Changed "18. " to "13. " [21:6 13:3] Del Paras "19. Commitment ... maintenance shed, etc.)" [21:8 13:3] Changed "21" to "14" [21:9 13:4] Del Paras "22. Council: The ... compensation or otherwise." [21:12 13:4] Changed "25" to "15" [21:12 13:4] Changed "for Commission" to "for Plan Commission" [21:12 13:4] Changed "and buildings information" to "and building information" [21:12 13:5] Changed "system. (Amended by Z-333)" to "" [22:1 13:5] Changed "26" to "16" [22:2 13:6] Changed "27" to "17" [22:3 13:7] Changed "28" to "18" [22:4 13:8] Del Paras "29. Dish: That ... in earth orbit." [22:6 13:8] Changed "31" to "19" [22:7 13:9] Del Para "32. Fitness Center ... the building(s)." [22:8 13:9] Changed "33" to "20" [22:9 13:10] Changed "34. " to "21. " [22:10 14:1] Del Paras "35. Front Yard: ... residential land." [23:3 14:1] Changed "38" to "22" [23:4 14:2] Add Para "23. Habitation/Occupancy: ... on a land area." [23:4 14:3] Changed "39" to "24" [23:5 14:4] Del Para "40. Landscaped ... for shade trees." [23:6 14:4] Changed "41. " to "25. " [23:7 14:5] Del Paras "42. Lot: A portion ... from grade level." [23:9 14:5] Changed "44" to "26" [23:10 14:6] Del Paras "45. Office Area: ... shown on Exhibit C." [24:2 14:6] Changed "47" to "27" [24:2 14:6] Changed "buildings, ... plazas and" to "buildings, and" [24:3 14:7] Del Para "48. Parking Plaza ... the structure." C'\TEMP\RESULT OF COMPARISON 35950 VER 11 WPD 32 MAR 01 '01 15:00 FR EIE MCK I NNEY NORTH 317 574 3716 TO 1,12664#2#5712 P.34/35 [24:4 14:7] Changed "49"to "28" [24:414:8] Changed "automobile. (7)feet."to " " [24:5 14:8] Changed "50"to "29" [24:6 14:9] Changed "51"to "30" [24:7 14:10] Changed "52"to "31" [24:8 15:1] Changed "53"to "32" [24:9 15:2] Del Paras "54. Receiver: A ... or off-premise." [25:315:2] Changed "58" to "33" [25:4 15:3] Changed "59"to "34" [25:4 15:3] Changed "the Section" to "the South Section" [25:5 15:4] Changed "60"to "35" [25:6 15:5] Changed "61" to "36" [25:6 15:5] Changed "11"to "12" [25:7 15:6] Changed "62"to"37" [25:8 15:7] Changed "63"to "38" [25:9 15:8] Changed "64"to "39" [25:10 15:9] Del Para "65. Upper Level ... from grade level." [26:1 15:9] Changed "66" to "40" [26:2 15:10] Del Paras "67. Vehicle Service ... North, Range 3 East." [26;4 15:10] Changed "Section 7.2 "to "Section 6.2 " - NOTE CHANGES------- [1 1] Del Heads "Draft: 8/18/2000 ... Sponsor: Kevin Kirby" "Revision 1 -3/01/01" C:tiTEMPIRESULT OF COMPARISON 3%15o VER 71.WPD 33 • This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : C:\TEMP\NO1_35950_11 and revised document: C:\TEMP\NO1 38809.6 CompareRite found 140 change(s) and 4 move(s) in the text CompareRite found 1 change(s) in the notes Deletions appear as Strikethrough text Additions appear as Double Underline text C:\TEMP\RESULT OF COMPARISON 35950 VER 11 wPD 34