HomeMy WebLinkAboutZ-325 US421/Michigan OverlayUS 421 OVERLAY ZONE ,o~d3INANCE AMENDMENT
Ordinance No.
AN ORDINANCE TO AMEND THE PROVISIONS OF
THE CARMEL CLAY ZONING ORDINANCE WHICH RELATE
TO THE U.S. HIGHWAY 421-MICHIGAN ROAD CORRIDOR OVERLAY ZONE
WHEREAS, the City of Carmel and Clay Township, pursuant to a joinder agreement adopted under the
Township Joinder law (IC 36-7-4-1200 et seq.), have caused to be prepared a comprehensive plan for the City and
Township, which plan was prepared by HNTB Corporation and is known and referred to as the 2020 Vision
Comprehensive Plan; and
WHEREAS, the 2020 Vision Comprehensive Plan was approved and recommended by the Carmel Clay Plan
Commission on August 20, 1996, and duly approved by resolution of the Common Council on September 24, 1996,
and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the Common Council finds that, after giving due consideration to the general policy and pattern
of development set out in the Comprehensive Plan for that part of the community commonly known as the
Michigan Road Corridor, it is reasonable and necessary to promote and accommodate the orderly growth and
development of the City and Township by providing that a Development Plan is required for the development of
real property within such Corridor; and
WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to protect the
public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel and
Clay Township by establishing development requirements that must be satisfied before the Carmel Clay Plan
Commission may approve a Development Plan for real property in such Corridor;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that,
pursuant to IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. and after having a received a favorable
recommendation bom the Carmel Clay Plan Commission, it hereby adopts this Ordinance to restate and amend
Section 23C (U.S. Highway 421 - Michigan Road Corridor Overlay Zone) of the Carmel/Clay Zoning Ordinance Z-
289, as amended, to read as follows:
23C.0 U.S. Highway 421 - Michigan Road Corridor Overlay Zone
23C.0.1
Purpose, Intent and Authority. It is the purpose of the U.S. Highway 421 - Michigan Road
Corridor Overlay Zone (referred to in this Section 23C as the "Overlay Zone") to promote and
protect the public health, safety, comfort, convenience and general welfare by providing for
consistent and coordinated treatment of the properties bordering U.S. Highway 421 (also known
as Michigan Road) in Clay Township, Hamilton County, Indiana. The Commission and Council,
in establishing this zone, are relying on IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq.
It is recognized that U.S. Highway 421 is an important corridor to Carmel and to Clay Township.
Therefore, it is the further purpose of the Overlay Zone to promote coordinated, quality
development per the Land Use recommendations set forth in the Comprehensive Plan; to establish
basic standards for structures, landscaping, and other improvements on the properties within the
Overlay Zone which promote high quality, innovative site design and at the same time encourage
efficient land usage; to establish development standards which will encourage capital investments
for the development of those properties along and abutting U.S. Highway 421; and to promote the
steady flow of traffic.
This Ordinance further seeks to foster development that will provide this district with a special
23C- 1
US 421 OVERLAY ZONE ~i(DINANCE AMENDMENT
sense of place that will increase property values, protect real estate investment, spur commercial
activity, and attract new businesses. More specifically, the creation of this special sense of place
shall be encouraged by means of a coordinated set of design principles for buildings, site
planning, landscaping and signage. These principles are intended to guide individual
development activities so that they will work together visually in support of the common
architectural theme described below.
23C.1
District Boundaries
The boundaries of the Overlay Zone are hereby established as shown on the Zoning Map. The boundaries
extend four hundred (400) feet on either side of the U.S. Highway 421 right-of-way, include the North
Augusta subdivision in its entirety, including both that real estate described as Block "A" and the cemetery
on the plat of Section 1 recorded September 2, 1947. The portion of the Overlay Zone east of Michigan
Road does not extend north of the parcel numbered 17-13-06-00-00-034 and any lot subdivided therefrom
after September 1, 1997.
23C.2
Commission Approval
Ao
Development Plan. The Commission must approve, approve with conditions, or disapprove the
Development Plan (DP) for any tract of land in the Overlay Zone. A public hearing shall be held
by the Commission before it decides whether to approve or disapprove a DP. The Commission, in
reviewing DP applications, shall examine factors concerning the site, Site Plan and the
surrounding area, which include but are not limited to the following items:
°
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
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17.
18.
Topography;
Zoning on site;
Surrounding zoning and existing land use;
Streets, curbs and gutters, bicycle paths, and sidewalks;
Access to public streets;
Driveway and curb cut locations in relation to other sites;
General vehicular and pedestrian traffic;
Parking facilities and internal site circulation;
Special and general easements for public or private use;
On-site and off-site surface and subsurface storm and water draining, including drainage
calculations;
On-site and off-site utilities;
The means and impact of sanitary sewage disposal and water supply techniques;
Dedication of streets and rights-of-way;
Provision for adequate and acceptable setbacks, screening, and compatibility with
existing, platted residential uses;
Storage area;
Protective restrictions and/or covenants;
Effects any proposed project may have on the entire Overlay Zone; and
Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan.
g.
Existing Features & Site Analysis Plan. Every applicant shall submit an Existing Features and
Site Analysis Plan showing all hedgerows, woodlands, individual trees greater than six (6) inches
in diameter (dbh), structures, drainage patterns and structures (including tile fields), wetlands,
floodplains, and all buildings. This plan shall show topography at two-foot (2') contour intervals
and shall be prepared at a scale of not less than one inch equals one hundred feet (1" = 100').
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US 421 OVERLAY ZONE ORDINANCE AMENDMENT
C.
D.
ADLS Requirement. Commission review and approval of the architectural design, landscaping,
parking, signage, lighting and access to the property (ADLS) shall be necessary prior to:
.
.
the establishment of any use of land;
the issuance of any Improvement Location Permit;
the erection, reconstruction or external architectural alteration of any building in the
Overlay Zone; or
the changing of any site improvements.
Exception. Existing residential structures and residential lots platted prior to April 21, 1980, when
used for residential purposes, are exempt from the requirements contained within this Section.
23C.3
Permitted Uses
All uses which are permitted in a given site's underlying primary zoning districts, except those uses
expressly excluded in Section 23C.5, are permitted in the Overlay Zone.
23C.4
Permitted Special Uses
All special uses which are permitted (upon obtaining a special use approval from the Board) in the
underlying primary zoning district(s), except the uses expressly excluded in Section 23C.5, are permitted in
the Overlay Zone.
23C.5
Excluded Uses
Amusement park;
Bulk storage of petroleum products not used for on-site manufacturing;
Carnivals, fairs, circuses;
Disposal of radioactive materials;
Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning;
Flea market;
Garbage disposal plant/sanitary landfill;
Go-cart track;
Grain elevator;
Junk and/or salvage yard;
Manufactured housing sales;
Mobile home court;
Outdoor theatre;
Penal or correctional institution;
Reclaiming processes involving materials or chemicals that are considered dangerous to the health, safety,
and welfare of the general public as determined by the State Board of Health or by the City;
Refming or manufacturing of petroleum products;
Refining or manufacturing of asphalt, cement, gypsum, lime, wood preservatives;
Roadside sales stand;
Sand and gravel extraction or sales;
Sexually oriented businesses;
Single-family residence;
Truck stop;
Water slide.
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US 421 OVERLAY ZONE ORDINANCE AMENDMENT
23C.6
Accessory Buildings and Uses
All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any detached accessory building in any DP shall be architecturally compatible with
the principal building(s) with which it is associated.
23C.7
Minimum Tract Size
The minimum area covered by a DP within the Overlay Zone must be 130,680 square feet (3 acres). For
tracts located only partially within the Overlay Zone, a DP shall be submitted to the Commission for the
entire tract to be developed.
If a parcel of land or subdivision lot was recorded prior to September 7, 1988 (the "Effective Date"), and
said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot
("Undersized Lot") may be used for any use permitted in the Overlay Zone provided that:
A.
At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
district(s);
B. The owner of the Undersized Lot must include, up to the minimum tract size, any adjoining
vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before
the Effective Date or at the time of application which, if combined with the Undersized Lot,
would create a tract Which conforms, or more closely conforms, to the minimum tract size
requirements of this Paragraph; and
C. All other development requirements applicable to the Overlay Zone can be met.
This Paragraph does not preclude the sale or other transfer of any parcel of land within a tract after the
approval of a DP for the entire tract. However, the development of the parcel must still conform to the DP
for the entire tract as approved or amended by the Commission, and all other applicable requirements
contained in the Zoning Ordinance.
23C.8
Height and Area Requirements
23C.8.1 Building Height:
A. Minimum: See Section 23C.9 (C).
B. Maximum: As specified in primary underlying zoning district.
23C.8.2 Minimum Building Setback Line: All new commercial buildings shall be located not less than
two (2) times their total height from any existing residential lot or set back a distance equal to the
maximum setback applicable in any primary underlying zoning district, whichever is greater.
23C.8.3 Front Yard:
A. Minimum: thirty (30) feet, measured from the U.S. Highway 421 right-of-way. This
measurement shall include the mandatory thirty (30) foot Greenbelt.
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US 421 OVERLAY ZONE OKDINANCE AMENDMENT
B. Maximum: one hundred twenty (120) feet, measured from the U.S. Highway 421 right-of-
way. This measurement shall include the mandatory thirty (30) foot Greenbelt.
23C.8.4 Minimum Side and Rear Yards:
A. Next to existing residence(s) or undeveloped residential zone: fifty (50) feet or two (2) times
building height, whichever is greater.
B. Next to business zone or development: fifteen (15) feet.
C. Next to manufacturing zone or development: twenty (20) feet.
23C.8.5 Minimum Gross Floor Area: All principal commercial buildings shall have a minimum of two
thousand five hundred (2,500) square feet of gross floor area, excluding the floor area of any
basement or any accessory buildings. Accessory buildings need not meet the minimum floor area
requirement.
23C.9
Architectural Design Requirements
In reviewing the architectural design of building(s) proposed to be built in the Overlay Zone, factors to be
considered by the Commission shall include but are not limited to the following:
A.
Design Theme: Buildings shall be designed with an overall Corridor Architectural Theme
consistent with or complementary to the Federal, Georgian, Italianate, or Greek Revival Periods.
New buildings are not required to be imitative, but must incorporate the salient features of these
architectural styles. Pre-existing buildings on adjoining tracts shall not be a factor in the design of
new buildings unless they are consistent with the architectural objectives of the Overlay Zone.
B.
Building Proportion: Buildings within the Overlay Zone shall be designed as a composition of
related forms governed by the application of the Golden Section (1:1.6). Buildings should
generally avoid long, monotonous, uninterrupted walls or roof planes. The design and placement
of building facades, doors, windows, and architectural design details shall be through use of
Regulating Lines.
C.
Building Height. The height of new principal buildings shall be at least one and one-half (1½)
stories, or be designed to appear so from the front and sides. Retail and office buildings are
encouraged to be two (2) stories in height, with office or residential uses on the second floor. The
minimum height for all buildings shall be twenty (20) feet, either at the roofline or at the top of
the parapet wall.
D.
Building Faqades. Fagades shall have a defined base or foundation, a middle or modulated wall,
and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the
building style. Buildings with continuous faqades that are ninety (90) feet or greater in width,
shall be designed with offsets (projecting or recessed) at intervals of not greater than sixty (60)
feet.
Fagades constructed of more than one material shall only change material along a horizontal line
(not a vertical or diagonal line). The heavier material shall always be placed beneath the lighter
material. Front and side fagades of buildings located on comer lots or parcels shall be of the same
materials and similarly detailed.
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US 421 OVERLAY ZONE ORDINANCE AMENDMENT
E.
F.
G.
H.
Roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables
and hips, with pitches ranging from 6:12 to 14:12. Shed roofs are permitted only when the ridge
is attached to an exterior wall of a building, and shall conform to pitch between 14:12 and 4:12.
Flat roofs are permitted when consistent with the historic style of architecture, if edged by a
railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or
visually integrated into the overall design of the building. In no case shall rooftop mechanical
equipment be visible from adjoining residential zones or uses.
Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam
metal panels. Asphalt shingles shall be colored to resemble gray slate; standing-seam panels may
be either dark green or barn red.
Dormers shall be designed with the correct details, proportion and style consistent with the overall
building composition, and roofed with symmetrical gable, hip or barrel roofs. Belvederes,
cupolas, and pergolas are permitted if appropriate to the style, well proportioned, and fully
detailed.
All vents, attic ventilators, turbines, flues and others roof penetrations must be painted to match
the color of the roof or fiat black, except those made of metal which maybe left natural. Gutters
and downspouts shall be appropriate to or visually integrated with the architectural style of the
structure.
Entrances. Building entrances shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, and other design elements appropriate to the architectural
style and details of the building as a whole. The location, orientation, proportion and style of
doors must faithfully reflect the chosen style of the building.
Building facades for industrial and warehouse uses shall be designed with a main entrance and at
least two (2) window openings associated with this doorway.
Windows: All window design shall be compatible with the style, materials, color, details and
proportion of the building. The number of panes, the way it opens, the trim around it and
whether it is embellished with shutters must be consistent with the architectural style of the
structure.
Awnings. 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 fafade composition; and are designed as
an integral part of the fagade. Metal or aluminum awnings are prohibited.
Storefronts. Storefronts shall be integrally designed with overall fagade character. Ground floor
retail, service and restaurant uses should generally have large pane display windows, however,
they shall not exceed seventy-five percent (75%) of the total ground level fagade area. Buildings
with multiple storefronts shall be of unified design, through the use of materials, details, signage
and lighting consistent with the overall building style.
Suitability of building materials. Unless otherwise approved by the Commission, building
materials shall be consistent with and/or complementary to those which replicate Federal,
Georgian, Italianate and Greek Revival Periods of American architecture, as follows:
1. Exposed foundation shall be constructed of one or more of the following:
a. Red brick
23C - 6
US 421 OVERLAY ZONE ORDINANCE AMENDMENT
Ko
C.
Mo
b.
Stone (limestone, granite, fieldstone, etc.)
Split-face block or architectural pre-cast concrete, if surface looks like brick or
stone,
2. Faqade walls shall be constructed of any combination of:
a,
Red brick or stone
Smooth cut cedar shingles
Wood clapboard siding
Wood beaded siding
Stucco with smooth finish, or dryvit (or equivalent)
Warehouse facilities, including self-storage and mini-warehouse uses, shall have a high-
quality fa9ade treatment on all sides visible from U.S. Highway 421 consistent with the
following:
b.
Red brick fagades trimmed with split-faced aggregate block (of a color and
texture resembling Indiana limestone), provided that it also includes red brick
accents (such as windowsills, lintels above windows and doorways, building
comers, parapet coping, etc.).
Split-face aggregate block (of a color and texture resembling Indiana limestone)
provided that it also incorporates red brick accents.
Pre-cast concrete wall panels of a color and texture resembling either red brick
or Indiana limestone, provided the building design also incorporates
architecturally appropriate details of contrasting color and material, as noted
previously in Subparagraphs J(1) and J(2).
Design in relation to topography of the site;
Design of proposed landscaping in relation to structures; and
Overall aesthetics of the proposed building, including color.
23C.10 Landscaping Requirements
23C. 10.1 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as
part of the ADLS application. This plan shall be drawn to scale, including dimensions and
distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps
for the handicapped, terraces, driveways, signs, lighting standards, steps, storm water facilities and
other similar structures; and shall delineate the location, size and description of all landscape
material and the method to be used for the watering or irrigation of all planting areas. Landscape
treatment for plazas, roads, paths, service and private parking areas and storm water areas shall be
designed as an integral and coordinated part of the Landscaping Plan for the entire site. The
Landscaping Plan shall require the approval of the Commission.
23C.10.2
Areas to be Landscaped:
Greenbelt. The thirty (30) foot Greenbelt shall be composed of grass and landscape
areas. The incorporation of walkways and bikeways into the design is encouraged;
however, no parking lots, through roads, buildings, accessory structures, etc. shall be
established within this area.
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23C.10.3
.
Foundation Plantings. Foundation plantings shall be included along all sides of any
building. The minimum width of the planting area shall be five (5) feet, except that when
adjoining a parking area located between the Greenbelt and building front, the minimum
width shall be ten (10) feet.
Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the
Commission's Bufferyard Guidelines.
Parking Lots. Per standards specified below in Section 23C. 10.3.
Screening Areas. All air conditioning units, HVAC systems, exhaust pipes or stacks,
overhead doors, outside storage areas, and satellite dishes shall be integrated into the
overall building design or screened from the U.S. Highway 421 right-of-way and
adjoining residential zones or uses using walls, fencing, parapets, penthouse screens,
landscaping, camouflage, or other approved method.
Landscaping Standards
The interior 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 interior widths for planting areas
shall be used:
a. Canopy Trees: Nine (9) feet;
b. Ornamental Trees: Seven (7) feet;
c. Shrubs (only): Five (5) feet.
All plant material proposed to be used in accordance with any Landscaping Plan shall
meet the following specifications:
b.
C.
Shade trees: a minimum trunk diameter of two and one-half (2½) inches at six
(6) inches above grade, a minimum height of eight (8) feet, and a branching
height of not less than one-third (1/3) or more than one-half (½) of tree height.
Omamental trees: a minimum mink diameter of one and one-half (1½) inches at
six (6) inches above grade, a minimum height of six (6) feet, and a branching
height of not less than one-third (1/3) or more than one-half (½) of tree height.
Evergreen trees: a minimum height of eight (8) feet, and a width of not less
than three-fifths (3/5) of the height.
Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six
(6) main branches upon planting, and a mature height no greater than thirty-six
(36) inches.
Evergreen shrubs: a minimum height and spread of eighteen (18) inches,
maximum mature height of thirty-six (36) inches.
Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees,
ornamental trees, shrubs, ground covers, grass, etc.
A minimum of five (5) shade trees shall be provided per 100 linear feet of
Greenbelt.
Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right-
of-way shall be spaced neither less than fifteen (15) feet apart nor more than
forty (40) feet apart.
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US 421 OVERLAY ZONE ORDINANCE AMENDMENT
.
.
23C.10.4
.
.
Foundation Plantings. The primary landscaping materials used adjacent to buildings
shall be shrubs, ground covers, and ornamental grasses.
Parking Lots.
Interior Landscaping. A minimum of one (1) shade tree and five (5) shrubs
shall be planted within each parking lot for every nine (9) spaces provided, or
not less than eighteen (18) trees per acre of parking.
However, for parking areas located between the Greenbelt and the front of the
building, a minimum of one (1) shade tree and five (5) shrubs shall be planted
within each parking lot for every six (6) spaces provided, or not less than
twenty-four (24) trees per acre of parking.
b.
Parking Lot Perimeter Planting. Where parking areas are located between the
Greenbelt and the building front, a six (6) foot wide perimeter planting area
shall be provided along the front and sides of those areas.
1)
2)
The required planting unit for this area shall include: two (2) shade
trees, three (3) ornamental trees, and thirty (30) shrubs per 100 linear
feet.
The perimeter planting area shall be provided in addition to the
Greenbelt area.
C.
Front and Side Parking. Parking areas within front and side yards shall be
completely screened from view. Such screening shall be subject to Commission
approval.
Landscaping Installation and Maintenance
Installation. All landscaping approved as part of the Landscaping and/or Development
Plan shall be installed prior to the issuance of a 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 prior to the issuance of the Final
Certificate of Occupancy for an amouht equal to the total cost of the required
landscaping.
Maintenance. 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
Landscaping and Development 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.
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 material alterations in landscaping may be
approved by the Director in order to conform to specific site conditions.
Inspection. The Director may visit any tract within the Overlay Zone to inspect the
landscaping and check it against the approved plan on file.
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US 421 OVERLAY ZONE ORDINANCE AMENDMENT
23C.11 Parking
A.
B.
C.
D.
E.
F.
G.
Requirements
Spaces required: see Section 27.0 of the Zoning Ordinance.
Space dimensions: 9'0" x 20'0" or 10'0" x 18'0", including 2'0" for bumper overhang where
appropriate.
Landscaping standards: see Section 23C. 10.3.
Parking lots shall be designed to provide coordinated access to parking areas on adjoining tracts or
parcels within the Overlay Zone, preferably via a frontage road network. Sites utilizing front-
loaded parking areas shall provide for continuous access across the rear of the site to adjoining
tracts or parcels. As part of the ADLS submittal, the petitioner shall provide a Site Circulation
Plan that illustrates to the Commission how coordinated access will occur relative to the overall
U.S. Highway 421 Corridor.
All parking lots and drives shall be paved with asphalt or concrete. Brick pavers or other
decorative pavements may be used as accents in parking lot design. Poured-in-place concrete
curbs shall be used.
Parking within front yard setbacks shall be discouraged and limited to a maximum of two (2) rows
of parking, subject to minimum Greenbelt width, minimum bufferyard requirements and
maximum building setback standards.
Stacking for drive-thru lanes shall be confined to the rear of the tract or parcel with outlet from
such lines also being to the rear. Lines for drive-thru facilities shall not be permitted along the
front and sides of structures within the Overlay Zone.
23C.12 Lighting Requirements
A.
Lighting Plan. A Lighting Plan for the proposed development shall be filed as part of the ADLS
application.
B.
Design. All lighting standards, including those on buildings, security lights and architectural lights
within the development area shall be of uniform design and materials. Parking lot and streetlights
shall also be of uniform height not to exceed twenty (20) feet. Poles for such lights shall have a
minimum diameter of six (6) inches for poles up to twelve (12) feet in height and a minimum of
eight (8) inches diameter for poles between twelve (12) and twenty (20) feet in height.
Luminaires for such lights shall be in proportion to the pole diameter and height. All lights should
be of a "down lighting" type with the light element completely shielded on all sides and top. The
Commission may approve decorative lighting should it be more appropriate to the overall site
design.
C.
Intensity. Lighting shall not cause illumination beyond any residential lot line or road
right-of-way line in excess of 0.1 foot candles of light. Lighting shall not cause illumination
beyond any non-residential tract or parcel line or road right-of-way line in excess of 0.3 foot
candles of light.
23C. 13 Access to Individual Tracts
The purpose of this Section is to make the closing of all curb cuts along U.S. Highway 421 possible by
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US 421 OVERLAY ZONE ORDINANCE AMENDMENT
establishing a common access road to the rear parking lots of all tracts within the Overlay Zone. Frontage
roads and common entrances shared by several businesses and developments shall be encouraged and may
be required at the discretion of the Commission. In those cases where tracts can be accessed via
connection to an arterial, collector, or adjoining parking lot, curb cuts shall not be established on U.S.
Highway 421. The Commission shall encourage maximum distances between curb cuts to U.S. Highway
421 in cooperation with the Indiana Department of Transportation. Bicycle and pedestrian circulation to
and through the site shall be coordinated with vehicular access, Greenbelt design, and parking.
23C.14 Other Requirements
23C. 14.1 Outside Storage. Outside storage areas shall be allowed as shown on the DP and shall be
architecturally compatible with the principal building(s) with which they are associated. Storage
areas shall be completely screened from view and subject to Commission approval. Trash
collection areas shall be enclosed and screened.
23C.14.2 Loading Berths. Loading berths and trash collection areas shall be permitted per the
needs of the business establishments and shall be identified on the DP. Loading berths and
overhead doors shall face to the rear of all buildings. Should a loading berth be established on the
side of a building through any circumstance, it shall be screened per Commission approval.
23C. 14.3 Emergency Access. All emergency access areas and facilities shall be shown on the Site
Plan and reviewed by the Carmel Fire Chief.
23C. 14.4 Signs. A Sign Plan for the proposed development shall be submitted to the Commission
for its approval as part of the ADLS application. Signs for each proposed use shall be uniform in
character as to color and architectural design as approved by the Commission. Should an ADLS-
approved Sign Plan be replaced with a new design, the amended Sign Plan must go before the
Commission for ADLS review and approval. Individual signs which conform to both the Sign
Ordinance and to the approved Sign Plan shall not require further ADLS approval, however, such
signs shall require a sign permit.
23C.14.5 Conforming Uses. A DP shall be submitted to the Commission for its approval when a
legal non-conforming use is changed to a conforming use and when either:
1. Any new building is to be constructed; or
.
Any existing building or site development (including addition of parking lot) is expanded
by more than thirty percent (30%).
23C.14.6 Non-Conforming Uses. A DP shall be submitted to the Commission for its approval
when a legal non-conforming use is altered as follows:
1. A building has been more than sixty percent (60%) destroyed.
.
Any expansion of a building or site development (including addition of parking lot).
Normal maintenance and repair is exempt from the DP approval requirement.
3. If property or building is vacated for more than one (1) year.
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US 421 OVERLAY ZONE ORDINANCE AMENDMENT
23C. 15 Application Procedure
23C.15.1 Consultation with Director and Application. Applicants shall meet with the Director to
review the zoning classification of their site, review the regulatory ordinances and materials,
review the procedures and examine the proposed use and development of the property. The
Director shall aid and advise the applicant in preparing his application and supporting documents
as necessary.
The applicant shall submit:
two (2) copies of the written application form,
two (2) copies of the Existing Features & Site Analysis Plan,
two (2) copies of the DP, and/or
two (2) copies of the required information on architectural design, landscaping, parking,
signage, lighting and access (ADLS), as well as
all necessary supporting documents and materials.
23C.15.2 Initial Review of the Application and Supporting Documents and Materials by the
Director; Submittal to the Commission. Following the receipt of the written application, DP
and/or the required information on architectural design, landscaping, parking, signage, lighting
and access (ADLS), and necessary supporting documents and/or materials by the Director, the
Director shall review the materials for the sole purpose of determining whether the application is
complete and in technical compliance with all applicable ordinances, laws and regulations.
If the materials submitted by the applicant are not complete or do not comply with the
necessary legal requirements, the Director shall inform the applicant of the deficiencies
in said materials.
Unless and until the Director formally accepts the application as complete and in legal
compliance, it shall not be considered as formally filed for the purpose of proceeding to
succeeding steps toward approval as hereinafter set forth.
.
If the materials submitted by the applicant are determined to be complete and in
compliance, the materials shall be forwarded to the Commission.
Within thirty (30) days of the formal acceptance of the application by the
Director, he shall formally file the application by placing it upon the agenda of
the Commission according to the Commission's Rules of Procedure.
b.
The applicant shall file for each Commission member a copy of the Existing
Features & Site Analysis Plan, the DP and/or ADLS plan and supporting
documents and/or materials.
23C.15.3
Approval or Denial of the Application by the Commission.
An approved DP petition and/or ADLS petition shall be valid for two (2) years from the
date of approval. If construction of the building(s) has (have) not started at the end of the
two (2) year period, the DP and/or ADLS request must be re-submitted to the
Commission.
If the DP and/or ADLS plan is (are) substantially altered, re-submittal to the Commission
per Section 23C.2 for approval is required.
23C- 12
US 421 OVERLAY ZONE ORDINANCE AMENDMENT
.
If the petition is denied by the Commission, the Commission shall provide the applicant
with a copy of said reasons, if requested.
PASSED by the Common Council of the City of Carmel, Indiana this / d~'~ay of //~,,V
vote of_7_~ ayes and D nays.
'~., ~ [ ~/[/ Rob~ fi'~ttreal~e~de~, C~,~on Cou~}///
Jamg~J~hy. MCler'~''~ ,J ~,~- Ke,~'~ )~'irby ~',/
Bil~Wa~er
, 1998, by a
ATTEST:
Diana L. Cordray, ~-~
Presented by me to the Mayor of the City of Carmel, Indiana, this /~ day of /~t'- -/ , 1998, at
~'~ o'clock.
~Diana L. Cordray, ci
Approved by me, Mayor of the City of Carmel, Indiana, this f d7 ,19
/l~mes l~raina~d, Mayor ~
ATTEST:
Diana L. Cordray, clerk-Treasure~/
23C- 13
CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S
RECOMMENDATION ON AMENDMENT TO THE
U.S. HIGHWAY 421
MICHIGAN ROAD CORRIDOR
OVERLAY ZONE
FOR THE CITY OF CARMEL AND
CLAY TOWNSHIP
PURSUANT TO INDIANA CODE 36-7-4-605
To:
The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the
recommendation of the U.S. Highway 421 Corridor Task Force, petitioning the
Commission to Amend the Zoning Ordinance, Section 23C.0, COPY ATTACHED.
The Carmel/Clay Plan Commission's recommendation on the petition is FAVORABLE.
At its regularly scheduled meeting of March 17, 1998, the Carmel/Clay Plan Commission
approved the requested Amendment to the Zoning Ordinance by a vote of 13 in favor,
none opposed.
CARMEL/CLAY PLAN COMMISSION
' -~ ~'a~l Spra~ger~ent
Ra~o~i Hancock, SeCretary -
DATED: March20, 1998
1998
City of Carmel
DEPT. OF COMMUNITY SERVICES
~ 1~, 1998
/.
The following is th~ Depnm~mt's response to tl~ qu~t~ons/commmts ~ by Ptm~er ~es and ~
attom~ Brian Tuohy in a l~n' delNered at ott~ ~ with thnn on April 30, and followed with addilioml
commentsmal~~~ 14, In out opinion, th~ issues mised by ~e~ in both of these lettm~ are minor,
andgmn'ally show a lack of ovemll undn~md~g~~421 ~ Wedo, ~, believe their
this ordinance an all around bettm' document which is undmmndable m the gmlm'ai public.
.......... i ! iii ! i i I i ii I iii I -- i i i iii i I i i
Buildiag ~ Line (section 23C.8.2) and Rem' Ym~ds.
· ~ ~ ~ ~ ~ m ~1~ ~ ~o~
~ora 120'~~~~
~ ~:,.:~:,~ ~ ~r~ ~ ~ on ~.s. ~2~.
~.~ U.S. 421, ~ ~ 1~~ S~ ~ si~ of ~e ~ w~d
:.'.~i~:i~::~.:: on U.S. 421 w~
ONE C. IVIC SQUARE CARMEL. INDIANA 46032 317/571._'a:.7
May 1~, 1998
To: Carmel Ci~ Council
Re: U.S. 421 Michigan Road Oveday Zone Ontiuance
Pa 2
Multiple fron~ yards - staoking (dfivu thru Tho suggostod amondmout noted in #2 would also apply to this
Tho Plan Commia_,fion was speoific in the~ inter to limit drive-
th,u s :UnS to the of a
Th~ ~ should b~ ~ to e~tablish minim~l
_ . .............................
~ c~ain ~f~ tl~ I~flk of th~ tm~ on arohit~mral d~ign im~ The d~ign
~ vision of the Commi,~on and those citizens who took
Corridor. The amendments mgg~._~_ are not inoo~t with
the overall archii~awal vision for the Comdor.
The colors for split seam roof should be expan~ to allow for
Effect on~ously Zoned Land Plan Commission Aitomey John Molitor will address the
Council on this issue (this ~ was not raised ta~wiously, noied
in revised leiIer from Bfiau Tuohy, dated 14 May 1998}..
...................................
Lighting ~ts - down lighting The ordinance amenchncn~s for project lighting to Michigan
lighgllg, and the maximum h~ght of lights !im!lafions and overall I:WOpo~on.
would be a devdopment constra/nt.
An amendment to broaden the do~ lightin~ l~pli.,~-nxe~l~ to
allow more deco~ slyle lighting would be consistent with the
goals of the ordinance.
The ordinance should be amended to allow decorative site
.............. Ughting,~ in areas ad~nt to exisgn, ' g residential.
Three Ac-re Minimllm Lei S~o - whir Tho ~ Acre Min_imu~ Lot Si~e r~[oil~]~il was p{~ of the
benefits are ~ by this limiUUion? We ori~al US 41ll Overl~ Zone, approved in 1980. The purIx~
~g~'t tl~ tl~ o~ allow tl~ ~1~ or of tl~ mm lot m~u w~ to allow for mo~ mordi~t~d
tran~' of ~ which m 1~ th~ thr~ dc~lopm~at in the Comdor, whic, h wonld not likely
~ less than three acres, cousislen~ with an appruved
........... ....d~lol~ent. plan. (~on 23C.?.D, 1~.
MEMORANDUM
PRE IIER
DATE:
TO:
FROM:
SUBJECT:
COPIES TO:
April 30, 1998
Carmel Plan Commission
Christopher P. White
US Highway 421 I Michigan Road Corridor Overlay Zone
Draft dated March 6, 1998
Rick Conner, Bdan Tuohy, Russell P. Wurster, Tom Hards, Dan Neeb
Each of the following items identifies, specific cdteria or standards within the March 6~ draft of
the Overlay Zone that require further explanation or revision. Each may create a devaluation of
property values:
,
Paragraph 23C.8.1.1 suggests a Minimum Building Height of 20' and paragraph 23C.8.2
,requires the minimum of 2 times the minimum height of 20' or 40' total Minimum Building
Setback. This exceeds and conflicts with paragraph 23C.8.3.1 Front Yard Minimum of
30' - which requirement governs?
4.
Paragraph 23C.8.3.2 The Maximum setback requirement of 120' does not allow for the
maximum of 2 rows of parking allowed under paragraph 23C.11F (considering each 2
rows of parking may be double loaded) See Exhibit A attached hereto.
LandsCape located in the'mandatory 30' greenbelt, along Michigan Road -it can be
planted but it is unlikely that the plantings can survive if planted in the area provided by
section 23C.10.2.1 and as required by s~ctions 23C.10.3.3; 23C,10.3.5a; 23C,10.5b
See Exhibit B attaclled hereto. , o ~
23C.7 Minimum Development Plan Project Size and Lot Size - it is unlikely that all final
users, desidng to develop and/or purchase a portion of a greater than 3 acre parcel, are
prepared to simultaneously develop the parcels. Have you allowed for a user of less
than 3 acres to submit a plan until the full development of the greater than 3 acre parcel
is complete? Have you allowed for a user of greater than 3 acres but less than the
existing entire lot to submit a plan until the full development of the parcel is complete?
Once a partial user is ready to submit a development plan for approval, are lot lines
required to be established pdor to the approval of development plan or sale to remaining
prospective users? What if lots shall not be sold, an alternative method of selling only
building pad with parking easements? Is this addressed in the ordinance? For lots
PREgilER PROPERTIES USA. INC. 3755 East 82nd Sire(q,. Suite 75
PHONE. (317) 598-9900 F-\X: (317) 570-0776
Indianapolis, Indiana 46240
.
,
.
.
.
10.
\ o c~
partially contained in the Overlay Zone, we are unable to separate as a condition of past
commitment.
23C.9 Architectural Style:
23C.9. D paragraph I - what is the definition of "offsets" in measurement, scale or
proportion
paragraph 2 - Add vertical to combine with horizontal (i.e., entry porticos ?)
paragraph 3 - front & side vs. rear. See Warehouse 23C9.J.3 - visible from Michigan
Road
23C.9.E
paragraph I - pitch precludes certain approved styles. Is visibility measured from same
grade elevation?
paragraph 2 - Add terne coated and add tile roof, both comply with italianate.
23C.9.H -"Metal or aluminum awnings are prohibited" What if a copy of another
material or quality level is similar (high).
23C.9.1 - Define "ground level facade area" from sidewalk or ground level to bottom of
roof line? Define "Unified design" - all the same or a group of different styles in
compliance with permitted styles. Lighting and signage consistent with overall "building
style". Replace consistent with quality or caliber (i.e. how to develop a sign in
accordance with 23C14.4 as standard and be consistent with the variety of architecture
in a development of substantial size).
23C.8.5.C -is mounding required if planting height is mature at minimum planting height
of 18'
23C.12. B - Height of fixtures is adequate for small site, but inadequate for 80 acres.
"Down lighting type with the light element completely shielded on all sides and top" may
not be consistent with style prescribed elsewhere.
PREMIER PROPERTIES USA. INC. 3755 East 82nd Street. Suite II0
PII()\E: ~317~ 5,qP,-9900 F,,\X: (317) 5704)776
Indianapolis, Indiana 46240
L~ 421 OVI/RI~Y ZON]~ ORDINANCIt AME2~MHNT DRAFT
I llllIll Ill 511JJ[]llI Illl II Il I ~ ~ 2 22~ I 2 2 2~ 11 L
Friday, 12, 1998
23C.0
U.$, Highway 421, Michi~ Road Corridor Overlay Z~.n~
23C.0.1
Purpose. Intent and Authority. It is the purpose of the U.S. Highway 421 - Michigan Road
Corridor Overlay Zone to promote and protect the public health, safety, comfort, convenience and
general welfare by providing for consistent and coordinated treatment of the propeffies bordering
U.S. Highway 421 - Michigan Road in Clay Township, Hamilton County, Indiana. The Plan
Commission, in establishing this zone, is relying on I.C. 36-I-1, et ~.
It is recognized that U.S. Highway 421 - Michigan Road is an important corridor to Carmel and
to Clay Township. Therefore, it is the further purpose of the U.S. Highway 421 - Michigan Road
Comdor Overlay Zone to promote coordinated, quality development per the Land Use
recommendation of the Carmel Comprehensive Plan; to establish basic standards for structures,
landscaping, and other improvements on the properties within the Overlay Zone which promote
high quality, innovative site design and at the same time encourage efficient land usage; to
establish lot development standards which will encourage capital investments for the
development of those properties along and abutt~g U.S. Highway 421; and to promote the steady
flow of tmttic along Michigan Road.
This Ordinance fiulher seeks to foster development that will provide this district with a special
sense of place that will increase property values, protect real estate investment, spur comme~
activity, and attract new businesses. More specifically, the creation of this special sense of place
shall be encouraged by means of a coordinated set of design principles for buildings, site
planning, landscaping and signage. These principles are intended to guide individual
development activities so that they will work together visually in support of the common
23C. 1
The boundaries of the U.S. Highway 421 - Michigan Road Corridor Overlay Zone are hereby established
as shown on the Zoning Map. The boundaries extend four hundred (400) feet on either side of thc U.S.
421 fight-of-way, include the North Augusta subdivision in its entirety, including both that real estate
described as Block "A" and the cemetery on thc plat of Section 1 recorded Selgember 2, 1947. The
portion of the U.S. 421 Overlay Zone east of Michigan Road does not extend north of the parcel numbered
17-13-06-00-00-034 and any lot subdivided therefrom after September I, 1997.
23C.2 PI,an Co~ssion ~
A,
D..~,ql _omnent Plan. The Development Plan (DP) for any proposed improvement in thc U.S.
Highway 421 - Michigan Road Corridor Overlay Zone shall require a public hearing and the
approval of the Plan Commission. The Plan Commission, in reviewing DP applications, shall
examine factors concerning the site, Site Plan and the surrounding area, which include but are
not limited to the following items:
o
2.
3.
4.
5.
6.
Topography;
Zoning on site;
Surrounding zoning and existing land use;
Streets, curbs and gutters, bicycle paths, and sidewalks;
Access to public streets;
Driveway and curb cut locations in relation to other sites;
23C- 1
U~ 4.21 OVERLAY ZON]~ ORDINANC~ AMEND~ DRAFT
B.
C.
Do
.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
General vehicular and pedestrian traffic;
Parking facilities and internal site circulation;
Special and general easements for public or private use;
On-site and off-site surface and subsurface storm and water draining, including drainage
calculations;
On-site and off-site utilities;
The means and impact of sanitary sewage disposal and water supply techniques;
Dedication of streets and fights-of-way;
Provision for adequate and acceptable setbacks, screening, and compatibility with
existing, platted residential uses;
Storage area;
Protective restrictions and/or covenants;
Effects any proposed project may have on the entire Overlay Zone; and
Any other factors the Commission deems significant.
Existing Features &_Site Ana!vsis plan. Every applicant shall submit an Existing Features and
Site Analysis Plan showing all hedgerows, woodlands, individual trees greater than six (6) inches
in diameter (dbh), structures, drainage patterns and structures (including tile fields), wetlands,
floodplains, and all buildings. This plan shall show topograp~ at two-foot (2') contour intervals
and shall be prepared at a scale of not less than one inch equals one hundred feet (1" -- 100').
ADLS ~rcmcnt. Plan Commission approval of the arcMtcctural design, landscaping,
parking, signage, lighting and access to the property (ADLS) shall be necessary prior to:
.
.
the establishn~nt of any use of lan~
the issuance of any Improvement Location Permit;
the erection, reconstruction or external architectural alteration of any building in thc
U.S. Highway 421 - Michigan Road Corridor Overlay Zone; or
the changing of any site improvements.
~~ Existing residential structures and residential lots platted prior to April 21, 1980,
when used for residential purposes, are excmpt from thc requirements contained within this
Section.
23C.3
~r~ni, ;tt~ ugs
All uses which are permitted in a given site's underlying primary zoning districts, except those uses
expressly excluded in Section 23C.5, are permitted in the U.S. Highway 421 - Michigan Road Corridor
Overlay Zonc.
23C.4
Permitt~ S_mcia! Uses
All special uses which are permitted (upon obtaining a special use approval from the Board) in the
underlying primary zoning district(s), except the uses expressly excluded in Section 23C.5, are permitted
in the U.S. Highway 421 - Michigan Road Corridor Overlay Zone.
23C.$ Excluded Uses
Amusement park;
Bulk storage of pelxoleum Nodocts not used for on-site man--g;
Carnivals, fairs, circuses;
[[[iii i![_ '-_[ - ' ... " '
23C - 2
US ~21 OVERLAY ZONE ORDINANCE AMliND~ DRAFI'
.... I Il I I Il llll I I I III I I Illl Illlll I I ' III IIII I IIIIIlllllllllll IIIIIll ' I IIIII
Disposal of radioactive materials;
Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning;
Flea market;
Go-cart track;
Grain elevator;
Sunk and/or salvage yard;
Manufactured housing sales;
Mobile home court;
Penal or correctional institution;
Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health,
safety, and welfare of the general public as determined by the State of Indiana, Board of Health or by the
City of Carmel;
Refining or manufacturing of petroleum products;
Refini~tg or mamlfacttlring of asphalt, cement, gypemn, lime, wood preservatives;
Sand and gravel extraction or sales;
Sexually-oriented businesses;
Single-family residence;
Truck stop;
Water slide.
23C.6
A,,~~ Bui!din~ ~. Uses
All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any detached accessory building on any lot shall be architecturally compatible with
the principal building(s) with which it is associated.
23C.7
~um.D~vel _opment Plan Project Size ~d.Lot Size
All lots within the U.S. Highway 421 - Michigan Road Comdor Overlay Zone shall contain a minimum
area of 130,680 square feet (3 acres). For lots located only partially within the U.S. Highway 421 -
Michigan Road Corridor Overlay Zone, a Development Plan shall be submitted to the Plan Commission
for the entire parcel.
ff a lot was recorded prior to September 7, 1988 ("Effective Date"), and said lot does not contain the
minimum area required by this Section, said lot ("Undersized Lot") may be used for any use permitted in
the U.S. Highway 421 - Michigan Road Comdor Overlay Zone provided that:
At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
di~ct(s);
B*
The owner of the Undersized Lot must include, up to the minimum lot size, any adjoining vacant
land (not separated by a street or public way) owned, or owned by an a~liate, on or before the
Effective Date or at the time of application which, if combined with the Undersized Lot, would
create a lot which conforms, or more closely conforms, to the minimum lot size requirements of
this Section; and
23C - 3
US 421 OVERLAY ZONE ORDINANCE AMI/I~MEICr DRAFT
C,
D.
All other applicable regnlations of the U.S. Highway 421 - Michi/an Road Corridor Overlay
Zone can be met.
Section 23C.7 does not preclude thc sale or other transfer of ~ parcel of land within a tract
after thc approval of a Development Plan (DP) for the entire tract. However, thc development of
the parcel must still conform to the DP for the entire tract as approved or amended by the
Commission, and all other applicable requirements contained in the Zoning Ordinance.
23C.8
.I-l. ei_P. ht and Area R _em_uir~_ ~m~ eh.tS
23C.&1 Building Height:
1. ~ni_mttm: ~ (20) feet (See also S~tion 23C,9 (C)).
2. ~mum: As specified in primary underlying zoning district.
23C.8.3 Front Yard for parcels with frontage on U.S. 421 right-of-way:
Minimum.~: thirty (30) feet, meanu~ from the U.S. 421 fight-of-way. This
measurement shall include the mandatory thirty,foot greenbelt.
,
~mum: one hundred twenty (120) feet,, for measured from the U.S. 421 right-of-
way. This measurement shall include the mandatory thirty-foot greenbelt.
23C,8.4 Minimum Side.and Rear Yards..:
Next to existing residence(s) or undeveloped residential zone: fifty (50) feet or two (2)
times building height, whichever is greater.
2. Next to business zone or development: fifteen (15) feet.
3. Next to manufacturing zone or development: twenty (20) feet.
23C.8.5
.~,',.nimum Ch'Os, s,Floor ~: All principal commercial buildings shall have a minimom of
twenty-five hundred (2,500) square feet of floor area, excluding the floor area of any basement or
accessory buildings. Accessory buildings shall not be used in the comlPatation of floor area.
Accessory buildings need not meet the minimum floor area requirements.
23C.9 .Architectural Design R _e~trements
In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 421 -
Michigan Road Corridor Overlay Zone, factors to be considered by the Commission shall include but are
not limited to:
Design Theme. Buildings shall be designed with an overall Corridor Architectural Theme
consistent with or complementary to the Federal, Georgian, Italianate, or Greek Revival Periods.
New buildings are not required to be imitative, but must incorporate the saliem features of these
architectural styles. Pre-existing buildings on adjoining lots shall not be a factor in the design of
· : '..__ z_ 'L._- .' ._ ..'~._'.. :_~ : ~:'~:: .....::.~..'. ' ' .,', ' ", ..... ~ "~ ':'~ .... :: ..... ~: : ~ : ~:: :.
23C - 4
US 421 OVERLAY ZONE ORDINANCE ~ DRAFT
Bo
Co
Do
E.
F.
new buildings unless they are consistent with the architectural objectives of the overhy zone.
Building Proportion. Buildings within the Michigan Road Corridor Overhy Zone shall be
designed as a composition of related forms governed by the application of the Golden Section
(1:1.6). Buildings should generally avoid long, monotonous, uninterrupted walls or roof planes.
The design and placement of building fagades, doors, windows, and architectural design deiails
shall be through use of Regulating Lines.
Building_ Height. The height of new principal buildings shall be at least one and one.half (1 Va)
stories, or be designed to appear so from the front and sides. Retail and office buildings are
encouraged to be two (2) stories in height, with office or residential uses on the second floor. The
minimum height for all buildings shall be twenty (20) feet, either at the roofline or at the top of
the parapet wall.
BuildingFacades. Facades shall have a defined base or foundation, a middle or modulated wall,
and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the
building style. Buildings with continuous ~s that are ninety (90) feet or greater in width,
shall be designed with offsets (projecting or recessed) not less than eight (8) feet deep and at
intervals of not greater than sixty (60) feet.
Facades constructed of more than one material shall only change material along a horizontal line
(not a vertical or diagonal line). The heavier material shall always be placed beneath the lighter
material.
Front and side fa~des of buildings located on corner lots shall be of the same materials and
similarly detaile~
Roofs. Roofs shall be simply and symmetrically pitched and only in thc configuration of gables
and hips, with pitches ranging from i; 4:12 to 14:12. Shed roofs are permitted only when the
ridge is attached to an exterior wall of a building, and shall conform to pitch between 14:12 and
4:12. Flat roofs are permitted when consistent with the historic style of architecucrc, if edged by
a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or
visually integrated into thc overall design of the building~ In no case shall rooftop mechanical
equipment be visible from adjoining residential zones or uses.
Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam
metal panels. Asphalt composition shingles shall be colored to resemble gray slate; standing.
seam panels may be either gray, black, dark blue, dark green or barn red.
Dormers shall be designed with thc correct details, proportion and style consistent with the
overall building composition, and roofed with symmetrical gable, hip or barrel roofs. Belvederes,
cupolas, and pergolas are permitted if appropriate to the style, well proportioned, and fully
All vents, attic ventilators, turbine, flues and others roof penetrations must be painted to match
the color of the roof or fiat black, except those made of metal which maybe left natural. Gutters
and downspouts shall be appropriate to or visually integrated with the architectural style of the
~,nt _~ccs. Building entrances shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, and other design elements appropriate to the architectural
style and details of the building as a whole. The location, orientation, proportion and style of
doors must faithfully reflect the chosen style of the building.
.... I _ _ i"1. I _ I[_ .' '"111' I'[I J. I "ri. 'ii '_._1'. i~llll'mll I'.1 '1 III I . II . r.Ji'lL..
23C - 5
US 421 OVERLAY ZON~ ORDINANCE ~MEHT DRAFT
Building fagades for indusUial and warehouse uses shall be designed with a main entrance and at
least two (2) window openings associated with this doorway.
G,
Windows. All window design shall be compatible with the style, materials, color, details and
proportion of thc building. Thc number of lmnes, the way it opens, the trim around it and
whether it is embellished with shuttcrs must be consistent with the architectural style of the
stmctu~.
H,
Awnin_~, Fixed or retractable awnings are permitted if they complement a building's
architectural style, material, colors, and details; do not conceal architectural featm~ (such as
cornices, columns, pilasters, or decorative details); do not impair fac, adc composition; and are
designed as an integral part of the fagade. Metal or aluminum awnings are prohibited
Storefronts. Storefronts shall be integrally designed with overall favade character. Ground floor
retail, service and restaurant uses should generally have large pane display windows, however,
they shall not exceed seventy-five percent (75%) of the total ground level (first floor) ~ area.
Buildings with multiple storefronts shall be of unified design, through the use of common
materials, architectural details, signage and lighting consistent with the overall building style.
Drive-thru windows. Drive-thru windows shall be designed as a related architectural element
and part of the overall design composition of the building.
K,
Suitability of ~ding mat~als. Unless otherwise approved by Plan Commission, building
materials shall be consistem with and/or complementary to those which replicate Federal,
Georgian, Italianate and Greek Revival Periods of American architecture, as follows:
Exposed foundation shall be constructed of one or more of the following:
a. Red brick
b. Stone (limestone, granite, fieldstone, etc.)
c. Split-face block or architectural pre-cast concrete, ff surface looks like brick or
stone,
.
Facade walls shall be constructed of any combination of:
a. Red brick or stone
b. Smooth cut cedar shingles
c. Wood clapboard siding
Wood beaded siding
e. Stucco with smooth finish, or dryvit (or equivalent), not to exceed 20% of the
non-window faqade area.
,
Warehouse facilities, including serf-storage and mini-warehouse uses, shall have a high-
quality fagade treatment on all sides visible from Michigan Road consistent with the
following:
b,
C,
Red brick facrades trimmed with split-faced aggregate block (of a color and
texture resembling Indiana limestone), provided that it also includes red brick
accents (such as windowsills, lintels above windows and doorways, building
cornets, paral~ cooing etc.).
Split-face aggregate block (of a color and texture resembling Indiana limestone)
provided that it also incorporates red brick accents.
Pre-cast concrete wall panels of a color and texUu'c resembling either red brick
or Indiana limestone, provid~ the building design also incorporates
architecturally appropriate details of contrasting color and material, as noted
previously in Subparagraphs J(1) and I(2).
~,~',,l,l,i '.l ri':',~'~ ~ ...... ' .......... -' ..... ' : :: ':' : ':' ': .......
23C - 6
138 421 O~Y ZON~ ORDINANCE ~~ DRAFT
Lo
M.
No
Design in relation to topography of the site;
Design of proposed landscaping in relation to structures; and
Overall aesthetics of the proposed building~ including color.
23 C. 10 Lan~g R _equffement~
23C. 10.1 Landscaping
The applicant shall submit a Landscaping Plan to the Plan Commission as part of the ADLS
application. The plan shall be drawn to scale, including dimensions and distances; shall delineate
all existing and proposed structures, private parking areas, walks, ramps for the handicapped,
terraces, driveways, signs, lighting standards, steps, storm water facilities and other similar
sUuctures; and shall delineate the location, size and description of all landscape material and the
method to be used for the watering or irrigation of aH planting areas. Landscape treatment for
plazas, roads, paths, service and private parking areas and storm water areas shall be designed as
an integral and coordinated part of the Landscaping Plan for the entire site. Thc Landscaping
Plan shall require thc approval of the Commission.
23C.10.2
Greenbelt. The thirty-foot (30') greenbelt (as defined in Section 3.7) shall be composed
of grass and landscape areas. The incorporation of wallcways and bikeways into the
design is encourag~ however, no parking lots, through roads, buildings, accessory
structures, etc. shall be established within this area.
F .oundatign Plantings. Foundation plantings shall be included along all sides of any
building which face a public street, access drive, or pedestrian way. The minimum
width of the planting area shall be five (5) feet, except when adjoining a parking area
located in the front yard adjoining U.S. ~'
the minimum width shall be ten (10) feet,
Peripheral Planting. Minimum side and ~r landscaping shall occur per the Plan
Commission's Bufferyard Guidelines.
4. ~. Per standards specified below in Section 23C. 10.3.
Scree_ ~ng~:~. All air conditioning units, HVAC systems, exhaust pipes or stacks,
overhead doors, outside storage areas, and satellite dishes shall be integrated into the
overall building design or screened from the U.S. 421 fight-of-way and adjoining
residential zones or uses using walls, fcncing~ pampers, penthouse screens, landscaping,
camouflage, or other approved methocL
23C. 10.3 Landsca_ving Standards
The interior 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 interior widths for planting areas
shall be used:
23C. 7
US 421 OVId. LAY ZONG ORDINANCE ~ldBlCr DRAFT
.
o
a. Canopy Trees: Nine (9) feet;
b. Ornamental Trees: Seven (7) feet;
c. Shrubs (only): Five (5) feet.
All plant material proposed to be used in accordance with any Landscaping Plan shall
meet the following specifications:
Shade_ ~: a minimum trunk diameter of two and one-half (2%) inches at six
(6) inches above grade, a minimum height of eight (8) feet, and a branching
height of not less than one-third (1/3) or more than one-haft (~A) of tree height.
On!amental_ ~S: a minimum trunk diameter of one and one-half (1 ~A) inches
at six (6) inches above grade, a minimum height of six (6) feet, and a
branching height of not less than one-third (1/3) or more than one-haft (Vz) of
tree height.
Evergreenj~s: a minimum height of eight (8) feet, and a width of not less
than three-fifll~ (3/5) of the height.
D~duous shrub: a minimum height of eighteen (18) inches, no less than six
(6) main branches upon planting and a mature height no greater than thirty-six
(36) inches.
Ever~a~en shru~: a mi~mum height and spread of eighteen (18) inches,
maximum mature height of thirty,six (36) inches.
Greenbelt. The primary landscaping materials used in the greenbelt shall be shade trees,
ornamental trees, shrubs, ground covers, grass, etc.
bo
A minimum of ~ three (3) shade trees and one (1) ornamental tree shall
be provided per 100 linear feet of greenbelt.
Shade trees planted within the greenbelt parallel to the U.S. 421 right-of-way
shall be spaced neither less than fifteen (15) feet apart nor more than forty (40)
feet apart.
Foundation Planting. The primary lan&caping materials used adjacent to buildings
shall be shrubs, ground covers, and ornamental grasses.
Interior Landscaping. A minimum of one (1) shade tree and five (5) shrubs
shall be planted within each parking lot for every nine (9) spaces provided, or
not less than eighteen (18) trees per acre of parking.
However, for buildings with parking areas located in a front yard, with frontage
directly located on U.S. 421 '-
a minimum of one (1) shade tree and five (5) shrubs shall be planted within
each IXutdng lot for every six (6) spaces provided, or not less than twenty-four
(24) trees per acre of parking~
b.
Parking.Lt~t.~ Peri'.metcr Planting_. Where parking areas are located in the front
yard, with frontage directly on U.S. 421~-1-""
~,, a six-foot (6') wide perimeter planting area shall be provided along the
front and sides of those areas.
1) The required planting unit for this area shall include: two (2) shade
trees, three (3) ornamental trees, and thirty (30) slm~ per 100 linear
feet.
j ! j i ILl I · [ I JJtl I t I I Ill I I I~ I I £ I m III
23C - 8
US 421 OVERLAY ZONI~ ORDINANCE ~~ DRAFT
.......... . ._ - I I I I IIII I II I I I I I II I I iiiiii i iiiii i ii i i
. . . .... ~ ..... ~ ..... :.-..~ -.-~ :.. ~ ~ , : ~, ..... ~ ,. ~..
2)
The perimeter planting area shall be provided in addition to the
greenbelt area.
From _and Side Parking. Parking areas within front and side yards shall be
completely screened from view. Such scree~ shall be subject to Plan
Commission approval.
23C. 10.4 Landsc__aping,Installation. ,a~,,d Maintenance
.I..ns3~.. ation. All landscaping approved as part of the Landscaping and/or Development
Plan shall be installed prior to the issuance of a Certificate of ~cy by the
Department of Community Services. If it is not possible to install the required
landscaping because of weather conditions, the property owner shall post a bond prior to
the issuance of the Final Certificate of Occupancy for an amount equal to the total cost
of the required landscaping.
.
._.Maintenance. It shall be the respons~ility of the owners and their agencies to insure
proper maintenance of all trees, shrubs and other landscaping approved as part of the
Landscaping and Development 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.
o
Chan~_es after _ARproval. No landscaping which has been approved by the Plan
Commission may later be substantially altered, eliminated or sacrificed without first
~ng further Plan 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.
~on. The Director, or his duly appointed representatives, shall have the authority
to visit any lot within the U.S. Highway 421 - Michigan Road Corridor Overlay Zone to
inspect the landscaping and check it against the approved phn on file.
23C.11 Padcing R _e~uirements
A. Spaces required: see Section 27.0 of the Zoning Ordinance.
B,
Space dimensions: 9'0" x 20'0" or 10'0" x 18'0", including 2'0" for bumper overhang where
appropriate.
C. Landscaping standards: see Section 23C.10.3.
D.
Parking lots shall be designed to provide coordinated access to parking areas on adjoining lots or
parcels within the U.S. 421 Overlay Zone, preferably via a frontage road network. Sites utilizing
front-loaded parking areas shall provide for continuous access across the rear of the site to
adjoining lots. As part of the ADLS submittal, the petitioner shall provide a Site Circulation
Plan that illustrates to the Commission how coordinated access will occur relative to the overall
U,S. 421 Comdor.
E~
All parking lots and drives shall be paved with asphalt or concrete. Brick pavers or other
decorative pavements may be used as accents in parking lot design. Poured-in-place concrete
curbs shall be used.
23C - 9
Fo
G,
Parking withi~ front yard settmcks shall be discouraged and limited to a maximum of two (2)
rows of parking subject to minimum gree~t width, minimum bufferyard requirements and
maximum building setback standards.
Stacking for drive-thru lanes shall be confined to the rear of the lot with outlet from such lines
also being to the rear of the building. Lines for drive-thru facilities shall not be permitted along
the front and sides of structures within the Comdor, nor permitted to spill onto adjoining
properties. Thc minimum number of vehicles required for drive-thru lanes shall be as follows:
' USE TYPE ..... M1N NO~ sPACEs MEASURED FROM
Bank teller lane 5 'Teller'or Window
Automated Teller Machine 3 Teller
Restaurant Drive-thru 10 Pick-up Window
Car Wash 5 Entrance
Gas Pump island 3 End of pump island
Other . , . To be determined by the Director
23C. 12 Lighting _Reqfftre~ m0n~
ao
Ligh '.ting Plan. A Lighting Plan for the proposed development shall be filed as part of the ADLS
application.
B.
Design. All lighting standards, including those on buildings, security lights and architectural
lights within the development area shall be of _uniform design and materials. Parking lot and
streetlights shall also be of uniform height not to exceed ~ twenty-four (24) feet. Poles
for such lights shall have a minimum diameter of six (6) inches for poles up to twelve (12) feet in
height and a minimum of eight (8) inches diameter for poles between twelve (12) and ~
twenty-four (24) feet in height, Luminaires for such lights shall be in proportion to the pole
diameter and height. All lights, within gas station canopies and adjacent to residential areas,
should be of a "down lighting" type with the light element completely shielded on all sides and
top. The Plan Commission may approve decorative lighting should it be more appropriate to the
overall site design.
Co
Intensity. Lighting shall not cause illumination beyond any residential lot line or road
right-of-way line in excess of 0.1 foot candles of light. Lighting shall not cause illumination
beyond any non-residential lot line or road right-of-way linc in excess of 0.3 foot candles of light.
23C.13
The propose of this Section is to make the closing of all curb cuts along Michigan Road possible by
establishing a common access road to the rear parking lots of all properties within the U.S. Highway 421
Overlay Zone. Frontage roads and common entrances shared by several businesses and developments
shall be encouraged and may be required at the discretion of the Plan Commission. In those cases where
lots can be accessed via connection to an arterial, collector, or adjoining parking lot, curb cuts shall not be
established on Michigan Road. The Plan Commission shall encourage maximum distances between curb
cuts to U.S. Highway 421 in cooperation with the Indiana DelmrUnent of Transportation. Bicycle and
pedestrian circulation to and through the site shall be coordinated with vehicular access, greenbelt design,
and parking.
ii i ..... L..I.L ..1_. J.I ....... I.~. ~1 IJI I I I L[ I Jll!L I .......... U... IJ I
23C -10
US 421 OVERLAY ZONE ORDINANCE AMENDMENT DRAFT
.,I.U!III Il I. I[~ ~ '_.._._~._3 I .... 7. _ ~ 3 ~ 3 ~ 3_ ._. i ~ ~ 7~ ~i _3~' ~_ .. Il ......... _[[Inlll, ......... ..,,.Il .......... ),[.
23C. 14 Other ~rements
23C. 14.1 Outside_ S_torage. Outside storage areas shall be allowed as shown on the Development
Plan and shall be architecturally compatible with the principal building(s) with which they are
associated. Storage areas shall be completely scree~ from view and subject to Plan
Commission approval. Trash collection areas shall be enclosed and screened.
23C. 14.2 Loading ~Be_rths., Loading berths and trash collection areas shall be permitted per the
needs of the business establishments and shall be identified on the Development Plan. Loading
berths and overhead doors shall face to the rear of all buildings. Should a loading berth be
located adjacent to or visible from a public right-of-way, or established on the side of a building
through any circumstance, it shall be screened per Plan Commission approval.
23C. 14.3 Emergent. A~ss. All emergency access areas and facilities shall be shown on the Site
Plan and reviewed by the Carmel Fire Chief.
23C. 14.4 Si~m~.s. A Sign Plan for the proposed development shall be submitted to the Plan
Commission for its approval as part of the ADLS application. Signs for each proposed use shall
be uniform in character as to color and architectural design as approved by the Plan Commission.
Should an ADLS-approved Sign Plan be replaced with a new design, the amended Sign Plan
must go before the Commission for ADLS review and approval. Individual signs which conform
to both the Sign Ordinance and to the approved Sign Plan shall not require further ADLS
approval, however, such signs shall require a sign permit.
23C. 14.5 Confomti~ Uses. A Development Plan (DP) shall be submitted to the Carmel Plan
Commission for its appr~ when a legal non-conforming use is changed to a conforming use
when:
1. Any new building is to be constructed.
.
Any existing building or site developmem (including addition of parking lot) is
expanded by more than thirty percent (30%).
23C. 14,6 Non-Conforming _Us~. A Development Plan (DP) shall be submitted to the
Carmel/Clay Plan Commission for its approval when a legal non-conforming use is altered as
follows:
1. A building has been more than sixty percent (60%) destroyed.
.
Any expansion of a building or site development (including addition of parking lot).
Normal maintenance and repair is exempt from the Development Plan approval
requirement,
3, ff property or building is vacated for more than one (1) year.
23C. 15 ~ _Applicati0n Procedure
23C.15.1 Colasu!tati.o_n wi~ Director ~ _ApoBcatio~n. Applica~ shall meet with the Director to
review the zoning classification of their site, review copies of the regulatory ordinances and
materials, review the procedures and examine the proposed uso and develoInnent of the property.
The Director shall aid and advise the applicant in preparing his application and supporting
documents as necessary.
23C - 11
U54210VEikLAY ZOI~ ORDINANCE ~ DRAFt
I I I IIIIII I III IIIII IIIII II I IIII I I I I I IIIIIIIIIlll I I I
Th~ applier ~ ~bmit:
.
2.
3.
4.
two (2) copies of thc written ~tion form,
two (2) copies of thc Existing Features & Site Analysis Plan,
two (2) ~pies of the Development Plan (DP), and/or
two (2) cop/es of the required information on architcc'tuml design, landscaping parking,
signagc, lighting and access (ADLS), as well as
23C. I5.2 I~tia! Review. of thc ~cat~n and Su~u~rting Doomgnts .and Mat~als by the
Dir~or. Su~,,i~ to th~ Commissio_~ Following the submittal of th~ wriUon application,
Development Plan (DP) and/or the required information on archi~ design, landscaping,
materials by the applicant, the Director s)m_!l review the malmials for the sole purpose ~f
determinJng whether the application is complete and in technical compliance with all apphca~e
ordinances, laws and regulations.
in said nmterials.
Unless and until the Direcior formally accepts the aPl~ic~on as comple~ and in legal
comp~ it shall not be considcrezt as formally filed for the ~ of ~ to
succeeding steps toward approval as hereinafter set forth.
If the ma~als sub,tied by the applicant are deiermined to be compk~e and in
compliance, thc materials shall b~ forwarded to the Commission.
Within thirty (30) days of the formo_l ac~elci~.am~ of the al~ication by the
Director, he shall fornudly file thc apxgication by placing it upon the agenda of
the Commission according to the Commission's Rules of Procedure.
b.
The applicant shall file for each Plan Commission meml~ a copy of thc
Existing Features & Site Analysis Plan, the Devel~t Plan and/or ADLS
23C. 15.3
An approved DP petition and/~ Al)IS petition shall bc valid for two (2) years from thc
date of approval, ff conmuaion of thc building(s) has 0rove) not started at thc end of
thc two-y~ period, the DP and/or ADLS rcqu~ must be re-submitted to thc Plan
Commission.
.
If the Development Plan and/~ ADLS plan is (are) substantially altered, re-submittal to
the Plan Commission per Segtion 23C.2 for approval is required.
.
23C- 12
Form Prescribed by State Board of Accounts
! ~/3overnmedt Onit g/ ~
,~',,~,//&~-, County, Indiana
General Form No. 99P (Revised 1997)
To:...~ ~t"~/J/'~'~,' ,~'~&~/"'-' Dr.
LINE COUNT
PUBLISHER'S CLAIM
Display Matter (Must not exceed two actual lines, neither of which shall
total more than four solid lines of type in which the body of the
advertisement is set) -- number of equivalent lines '
Head -- number of lines .................................
BOdy -- number of lines ..................................
Taft -- number of lines ..................................
Total number of lines in notiCe.........' .......... ~ .' .....'..
COMPUTATION OF CHARGES
-~9 lines, / columnswldeequals-~F equivalentlines
at. Z_3.5 cents per line ............................... .....$
Additional charge for notices containing rule or tabular work
(50 percent of above amount) ...............................
Charge for extra proofs of publication ($1.00 for each proof in excess of two) ........................................
TOTAL AMOUNT OF CLAIM ........................... $
DATA FOR COMPUTING COST
Width of single column
Number of insertions
Size of type ~ point
ems
Pursuant to the provisions and penalties of Chapter 155, Acts 1953,
I hereby certify that the foregoing account ts just and correct, that the amount claimed
is legally due, after allowing all just credits, and that no pa~L.a(the same has been paid.
Date .. _~gl~/'- -~ , lOC/7 Title: mu~)-li~h~r~ "-"'""
NOTICE OF PUBUC HE~RING
~,~R .I~A¥ ZONe' '
Time and Race: A pubic hear-
lng to consider a Proposed
Amendment to the Zoning
Ordinance regarding the U.S.
Highway 31 Overlay Zone. dealg-
hated ~- Ordinance No. Z-334 will
. be held by the Camml City Council
· t 7.'00 p.m. on Monday, December i
1, 1997 In the chambers of the
Common Council, Carmel City Hall,
One CIvI~ Square, Carmel, Indiana
46032.
Subjec~ Matter: The proposed
amendment to the Zoning
Ordinance would update Section~
23B.0, the U.S. Highway 31
Overlay Zone pur~uan! to the mc
ommendatlons of the U.S, Highway
31 Corridor Task Force, and the*
Spedal Area Study Amendment to
the Comprehensive Plan regarding
Ihe U.S. Highway $l Corridor.
The purpose of the U.S.
Highway 31 Overlay Zone Is to pro-
mete and prolect the public health,
safety, comfort, converdance and
gane~al welfare by providing for
con~Istanl and coordinated trea~. :
ment of the propertlas bordering I
U.S. Highway 3t In Clay Township,
Harrglton County, Indiana. In estab-
lIshing thIs zone, the Council Is rely-
lng on I.C. 36-t.1 et seq. This
Zoning Distric~ is likewise Intended
to sewe as a tod for Implementing
the development policies and
guUellnas set for the corridor In the
Compmhanslve Plan.
Availability of Copy: Copies of
the proposed arnendmenl are on
file at the foltowing locations.
Carmel/Clay Public Library, 515
East Main Street, Carmel Dept. of
Community $mvIces, One Clvtc
Square
State of Indiana
ss:
Hamilton County
PUBLISHER'S AFFIDAVIT
a:.
Personally appeared before me, a notary public in and for said county and
state, the undersigned David A, Lewis who, being duly sworn, says that he
is Publisher of The Daily Ledger a daily newspaper of general circulation print-
ed and published in the English language in the town of Fishers in state and
county aforesaid, and that the printed matter attached hereto is a true copy,
which was duly published in said paper for / time. , the dates of pub-
lication being as follows:
Subscribed and sworn to before me this
My commission expires:
Form Prescribed by Sta)~ Board of Accounts
Oo n , n ana
General Form No. 99P (Revised 1997)
PUBLISHER'S CLAIM
LINE COUNT
Display Matter {Must not exceed two actual lines, neither of which shall
total more than four solid lines of type in which the body of the
advertisement is set) -- number of equivalent lines .............
Head -- number of lines .................................
Body -- number of lines ..................................
Taft -- number of lines ; . .,,'. .......... '.. ................ ~
Total number of lines in notice ...........................
COMPUTATION OF CHARGES
,.~-///f ,.lines, / columns wide equals ~- equivalent lines
at / ~/Y cents per line ................................... $.
·
Additional charge for notices containing rule or tabular work (50 percent of above amount) ...............................
Charge for extra proofs of publication ($1.00 for each proof in excess of two) ........................................
TOTAL AMOUNT OF CLAIM ........................... $
DATA FOR COMPUTING COST
Width of single column ~f
Number of insertions /
Size of type ~ point
ems
Pursuant to the provisions and penalties of Chapter 155, Acts 1953,
I hereby certify that the foregoing account is Just and correct, that the amount claimed
is legally due, after allowing all Just credits, and that no p~ff,~t~e same haft)been paid.
Date /~ _/[){f~ .~ ~ ~7 f_z9 , 19 ~ 7 Title: Publishers
HOTICE OF PUBUO HEARING
A~d~t lo t~ Z~lng
Ordi~ r~aMl~ t~ U.S.
H~y 31 ~y ~, d~-
~ ~U ~ ~ ~ Cly ~1
1, 1~7 b t~ ~ d the
C~ C~, ~ C~
One C~ Squ~, ~, India
4~.
S~ Ma~er: ~ ~
a~nd~nt to the Zoning
23~.o, the u.5. HIg~ay 31
O~r~y ~e ~rsu~t to the r~-
o~ndat~ns ~ the U.S. HIg~ay
31 Cor~or T~k Fo~, ~ the
S~ Area Stay ~~t to
t~ ~eh~t~ Plan
t~ U.S. H~W 31 ~ff~.
T~ pu~e of t~ U.S.
~lst~t ~ ~dln~ trot*
U.~. HI~Y 31 In C~ T~h~,
H~Ron C~nty, I~n~ In
llshlng this zone, the ~undl b
lng on I.C. ~1-1 ~ s~.
Zon~g ~str~ ~ IIk~e int~
to ~ ~ a t~ for
the ~velopment policies and
gulde~n~ s~ f~ the ~rr~ ~ t~
C~rehens~e P~n.
Av~il~y of ~y: ~
the pr~ a~nt ~ on
file ~ t~ foxing
, CaraWay Publ~ Lbr~, 515
E~t M~n ~r~, C~I
Co~un~y Se~s, One CMc
8qu~
Publ~ Testi~ny: T~payers
t~ ~h; to ~ ~,~
State of Indiana
SS;
Hamilton COunty
PUBLISHER'S AFFIDAVIT
Personally appeared before me, a notary public in and for said county and state,
the undersigned David A. Lewis who, being duly sworn, says that he is
Publisher of the Topics Newspapers, Inc. a weekly newspaper of general cir-
culation printed and published in the English language in the town of Fishers in
state and county aforesaid, m~d that the printed matter attached hereto is a true
copy, which was duly published in said paper for / time .....the dates
of publication being as follows:
Subscribed and sworn to before me this ~-~-~ & day or,4/ r'o,-Jc'Fi9
Residentof //~.~./.oo/j/~'~. County
· /
MEMO
TO: Common Council Members
FROM: Bob Battreall
April 2, 1998
The attached are copies of letters that I received today. 1 felt that you would be
interested in their contents.
April I, 1998
· Mr. Robert Ba~eall
President, Carmel City Council
1319 Cool Creek Drive
Carmel, Indiana 46033
421 Overlay Zone
Dear Mr. Battrealh
i am the Trustee of a family test which owns appmxln¢, ately sixte,n acres at the
southwest comer of 106~ Street and U.S. l-Eghway 421. I recently learned that our land
is included in a proposed zoning ordinance which will reduce lhe value of our l~nd.
In addition, I und,stand tl-mt l~is proposed ordinance may also effect the manner
in which our land may be developed. We received no notice regarding this new '
ordinance~ and only learned about its existence 15om one of our neighboring pioperty
owners. We also learned that the Carmel City Council may consider this ordinance at its
· meeting onApril 6c% 1998.
Please accept th~s letter ~s our request to continue the hearing on this ordinance
until we have had time to study, its coment and assess its imp~t on our land.
Because I men scheduled to bq out of town on April 6'~, 1998, please accept this
letter as our request for a continuance so that we may have time to.study this proposed
ordinance.
Thank you for your attention to this matter.
Mayor James C. Brainard
Cannel City Council Members
. Very truly yours,
Trustee, R.P. Wurster Irrevocable Trust
GENERAL CONSTRUCTION ~ CON'STRUCTION MANAGEMENT
8463 CASTLEWOOD DRIVE, INDIANAPOLIS, IN 46250 {317) 841 1060
FAX (317} 576-5172
421 Realty Co., Inc.
7420 N. Michigan Road
Indianapolis, Indiana 46268
317/291-1295
Apr~ 1, 19~
Mr. Robert Bat~reall
President, Town Council
City of Carmel
1319 Cool Creek Drive
Carmel, Indiana 46033
I~E: 421 - M~chigan Rood Corridor Overlay Zone
De~Mr.B[~eall:
Our company, 421 Realty Co., Inc. is one of the owners of approximately eighty
acres of land at the southeast comer of 106m Street and U.S. Hwy. 421. Our land is
zoned commercial, with zoning designations of B~3 and B-5.
I understand that the Carmel Planning Commission recently voted tO recommend
for approval a new zoning ordimmce which wiJl have the effect of restrictlng the manner
in which w~ can develop the land. I never received notice of the Planning Commission
hearing and I understand that the Carmel City Council is scheduled to vote on this
ordinance at its hearing on April 6, 1998. I have not had time to carefully review this
proposed ordinance and to determine how it will effect the development of our land.
In addition to our concern, members of my family own the land across, the sueet
from our property, on the southwest comer of 106~ and 421 and they also desire
~dditional time to review l/tis proposed zoning,
Additionally, I have spoken with Mr. Tom Hands, my neighbor to th~ ~outh, who
owns approximately fifty acres end Mr. Harris was not aware of this new zoning
ordinance. I believe he is also asking for additional time to review the proposed
ordinance.
Therefore, it seems that this matter should be continued until the property owners
most affected by this new ordinance have Md time to carefully review the 421 Overlay
Zone and determine how such zone will effect development or the sale of their land.
Because I have to be out of state on April 6 , 19911, I will be unable to attend the
hearing, but I would appreciate your extending the hearing oft_his ordinance for at least
120 days so I have time to review this matter and make an informed decision as to the
effects of this ordinance.
Thank you for your time and consideration.
Very truly yours,
421 Realty Co., Inc.
~Russell P. W~ '
President
CC:
Mayor James C. Brainard
Cannel City Council Members
Brian J. Tuohy
April 1, 1998
Mr. Robert Battreal
President
Town Council
City of Carmel
1319 Cool Creek Drive
.Carmel, Indiana 46033
RE: U.S. Highway 421 Overlay Zone
Dear Mr. Battreal:
Our company, Pearson Realty, LLC, is the o~vner of approximately twenty three
(23) acres of land on the west side of U.S. Highway 42l, immediately north of 106th
Street·
I was advised today that the Carmel Planning Commission has recently
recommended for approval a new U.S. Highway 421 Overlay Zoning Ordinance which
will significantly impact the manner in which our property may be developed.
I was not aware that the Planning Commission would be voting on this matter nor
have I received the most recent version of the proposed ordinance. I believe that the
Carmel City Council may consider this matter and vote on the ordinance on April 6 ,
1998.
Please accept this letter as our request that this matter be tabled unti! we have an
opportunity to carefully review the latest version of the 421 Ordinance and make a
determination as to how it will effect development of our property. We have a substantial
investment in our existing automobile dealership and adjacent undeveloped land. We are
very concerned that the Overlay Zoning Ordinance may substantially decrease the value
of our land and unreasonably limit the manner in which our land may be developed.
While we are willing to keep an open mind, we have not had enough time to fully
consider the final version of the ordinance and to make a determination as to its effect.
Therefore, we respectfully request that the Carmel City Council delay hearing
this matter for at least ninety (90) days so that we may have time t6 confer with potential
developers, architects and engineers to consider the ramifications of the proposed
ordinance and its potential effect on development of our land.
10650 North Michigan Road
Zionsville, Indiana 46077
317.873.3333
CC;
Thank you very much for your consideration of our request.
'v'ery truly yours,
~ohn l~earson, President
Mayor James C. Brainard
Neighboring Property Owners
All Members of the Carmel City Council
Also, because of a long standing Spring Break vacation commitment, I will be out
· th
ofto~vn on April 6 and unable to attend this hearing.
.?
10650 North Michigan Road
Zionsville, Indiana 46077
3.17. 873. 3333