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HomeMy WebLinkAboutZ-359-01 Parkwood Crossing West PUDDraft: 8/18~2000 Revised: 9/18/2000 10/17/2000 10/25/2000 11/20/2000 11122/2000 12/05/2000 12/08/2000 12/13/2000 12/19/2000 1/09/2001 Sponsor: Kevin Kirby ORDINANCE NO. Z-359 (154-00-Z) PARKWOOD CROSSING WEST PLANNED UNIT DEVELOPMENT DISTRICT This Instrument Prepared by: Philip A. Nicely, Esq. Bose McKinney & Evans LLP 600 E. 96th Street, Suite 500 Indianapolis, IN 46240 317-574-3700 ::ODMA~v1HODMA',NO1 ;35950;11 Ordinance No. Z-359 (154-00-Z) AN ORDINANCE ESTABLISHING THE PARKWOOD CROSSING WEST 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 fodh herein (the "Ordinance") which establishes the Parkwood Crossing West Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carreel, 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 Parkwood Crossing West. 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 Use of Real Estate" attached hereto as Exhibit B (the "Commitments"). In the event of a conflict between this Ordinance (including the Commitments) and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance (including the Commitments) shall apply. 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. ::ODMA'~vlHODMA\NO1 ;35950;11 CHAPTER 2.0 PERMITTED USES. Section 2.1 Permitted Primary Uses. A. Office, Any Type B. Restaurant (no Fast Food, Drive-In or Drive-Through Restaurant) Section 2.2 Permitted Accessor,/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(s) or within any connecting links between the buildings: Cafeteria/Dell/Coffee Shop Photocopying and Duplicating Services The following accessory supportive service uses shall be permitted within the building(s) or within any connecting links between the building(s): Conference Center Day Care Center 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 35,000 square feet. Section 2.3Parkina Plazas. A. Two parking plazas shall be permitted. B. Vehicle service facilities may be located on the interior of a parking plaza, subject to: 1. It shall be a service only to the building occupants; ::ODMA~VlHODMA\NO1 ;35950;11 2 2. It shall not be visible from the perimeter of the Real Estate; and No sign identifying the facility that is viewable or intended to be viewable from the public right-of-way shall be permitted Section 2,4 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 orfencing 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 Parkwood Crossing West PUD parcel shall have a minimum size of twenty (20) acres. This Section 3.1 does not, however, preclude the sale or other transfer of any lot within the Real Estate after the approval of a DP for the parcel. 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 Buildinq Hei~lht. All uses, seventy-nine (79) feet; provided, however, no building shall exceed a height of five (5) stories and no penthouse or other appurtenance shall exceed a height of twenty-one (21) feet above the building parapet. Section 3.3 Maximum Parkin¢l Plaza Heiaht. Any parking plaza located on the Real Estate shall be limited to grade plus two (2) levels and shall not exceed a height of twenty-nine (29) feet. Section 3.4 Minimum Buildinq Heiqht. All uses, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof. Section 3.5 Maximum Parcel Coveraae. Maximum Parcel Coverage of the Real Estate shall be sixty-five percent (65%). 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. ::ODMA'~MHODMA\NO1 ;35950;11 3 Section 3.6 Architectural Desloin Requirements. 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. 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. 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. Building penthouses: Building penthouses must be incorporated into the building facade design, including exterior materials specifications. Section 3.7 Other Requirements. Outside Storaqe 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). Loadinq Berths. No loading or unloading berth or bay shall be visible from any adjacent residential area. 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 in the Office Area shall be located on the roof of the building(s) and the required screening shall include noise abatement features. CHAPTER 4.0 OFFICE AREA - SPECIFIC PROVISIONS. Section 4.1 Minimum Buildinq and Parkinq Plaza Setbacks. The minimum building and parking plaza setbacks shall be as follows: (a) 115 feet from the West Section Line, ::ODMA~V~HODMA\NO1 ;35950;11 4 (b) 20 feet from the proposed INDOT right-of-way, and (c) 133.5 feet from the South Section Line. However, no office building shall be constructed within 266.5 feet of the South Section Line. Section 4.2 Minimum Gross Floor Area. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any accessory structure(s). Accessory structures permitted need not meet the minimum floor area requirement. Section 4.3 Maximum Density. Maximum gross floor area for all buildings and connecting links upon the Real Estate (net of all proposed rights-of-way) shall be 591,300 square feet (a maximum of 8,000 square feet for a day care center; 5,000 square feet for a fitness center; and, 5,000 square feet for a conference center may be included); provided, however, if INDOT takes less than 8.5 acres of the Real Estate for right-of-way purposes, the permitted gross floor area for the buildings may be increased at the rate of 6,930 square feet for each acre of Real Estate not taken by INDOT. The amount of the anticipated INDOT taking shall be based upon the most current letter from the Commissioner of INDOT which makes a determination as to the acreage of the proposed taking. Section 4.4 Landscapin~ Requirements. Landscape Plan. A Landscape Plan shall be submitted to the 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; (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 all existing trees 9" DBH or larger which are located within any Greenbelt or Planting Strip required in Section 4.4. B. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. Greenbelt: ::ODMA~VIHODMA\NO1;35950;11 5 A greenbelt shall be provided adjacent to the 96th Street and Spring Mill Road rights-of-way and shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 4.4.C. The greenbelt areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs and other similar structures (excluding parking). 2. Plantinn Strip: There shall be landscaped planting areas located adjacent to the INDOT right-of-way which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 4.4. C hereof. 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). 3. Plantinn Adjacent to Buildinns: A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). Outdoor terraces, sidewalks and driveways may be permitted in these areas. 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. 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. Plantin~ Within Parkinn 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 for minimum planting area requirements.) ::ODMA'~vlHODMA\NO1 ;35950;11 6 Total Landscapin~ Required: Inclusive of the greenbelts, 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 Office Area, minus any INDOT taking, shall be landscaped. C. Landscaping Standards. 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: Ornamental Trees: Shrubs (only): 9 feet wide 7 feet wide 5 feet wide Greenbelt. The greenbelt areas, as designated in Section 4.4. B.1., shall include a six to eight (6-8) foot undulating earthen berm on which will be placed eight to ten (8-10) foot tall conifers similar to those placed along 96th Street east of U.S. 31 and in front of the existing Parkwood Crossing. The berm landscaping shall include deciduous trees, with a minimum trunk of 2-3 inches at six (6) inches above ground line, interspersed among the conifer trees, as shown on Exhibit C. Such berm shall extend north along Spring Mill Road a distance of approximately five hundred (500) feet north of the South Section Line. A sidewalk shall be installed along the 96th Street frontage south of the berm and along Spring Mill Road frontage west of the berm to a point approximately 500 feet north of the South Section Line. Construction of the berm shall commence contemporaneously with the initial site development for the Real Estate and will be finished contemporaneously with or prior to completion of the first building. Plantinq Strip. The primary landscaping materials used in the planting strip areas and adjacent to buildings 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: ::ODMA',MHODMA\NO1 ;35950;11 7 Three (3) shade trees; or, Five (5) ornamental trees or five (5) conifer trees; and Fifteen (15) shrubs. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 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 ~ of tree height. 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 ¼ of tree height. c. Evergreen Trees: A minimum height of eight (8) feet. Deciduous Shrubs: A minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. Evergreen Shrubs: A minimum height and spread of twenty- four (24) inches. D. Landscapinq Installation and Maintenance. Installation. All required landscaping for each phase of 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. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds appreved in accordance with the development requirements specified for this Ordinance. This is to include, but ks 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. ::ODMA~tvtHODMA\NO1 ;35950;11 8 Chan~les 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. 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 Parkincl Requirements. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building(s). The minimum number of parking spaces required shall be three and one-half (3¼) spaces for each one thousand (1,000) square feet of gross floor area. 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. Above-grade, structured parking facilities shall have on all sides architectural features that are compatible with the building(s) with which they are associated. Section 4.6 Li~lhtinq Reauirements. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting ("ADLS") approval petition. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 2. 3. 4. 5. Parking lot and service/storage area lighting; Architectural display lighting; Security lighting; Lighting of pedestrian ways; and Landscape lighting. ::ODMA%MHODMA~NO1 ;35950;11 9 B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The height of light standards shall not exceed twenty-eight (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 of any parking plaza shall not exceed twenty-three (23) 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. 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 West 96th Street and the east right-of-way line of Spring Mill Road. Section 4.7 Siqns. Signs for accessory uses, accessory retail, accessory service commercial, and accessory supportive services shall be limited to lower level signs. A. Upper Level Siqns. 1. Number & Type: The maximum number of Identification Signs permitted shall be two (2) wall signs each for Buildings A, B and C. 2. Maximum Sign Area: 90 square feet each. 3. Location: The signs may be located on either the west, north or east facades, Any sign located on the west facade of Building B shall be located on the north half of the building facade 4. Design: All walls signs shall consist of individual letters. 5. Illumination: Internal. 6. Sign Permit: Required. 7. Fees: Required. B. Lower Level Signs. 1. Number & Type: The maximum number of Identification Signs permitted shall be six (6) wall signs. 2. Maximum Sign Area: 60 square feet each. 5. 6. 7. Location: The signs may be located on either the west, south or east facades. The signs may only be located on the first floor facade. Design: All walls signs shall consist of individual letters. Illumination: Internal. Sign Permit: Required. Fees: Required. Parkwood Crossin~ West Center Identification and Real Estate (LeasinCfi Signs. Number & Type: As approved by an ADLS Sign Program for Parkwood Crossing West. Maximum Sign Area: As appreved by an ADLS Sign Program for Parkwood Crossing West. Maximum Height of Sign: As appreved by an ADLS Sign Program for Parkwood Crossing West. Location: As approved by an ADLS Sign Program for Parkwood Crossing West. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. 6. Illumination: Internal or completely shielded. Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. 8. Sign Permit: Required. 9. Fees: Required. 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. ::ODMA'~4HODMA\NO1 ;35950; 1 CHAPTER 5.0 OUTLOT AREA - SPECIFIC REGULATIONS. Section 5.1 Minimum Buildinn Setbacks. The minimum building setback shall be as follows: (a) ten (10) feet from the proposed INDOT right-of-way, and (b) 83.5 feet from the South Section line. Section 5.2 Minimum Gross Floor Area. The gross floor area of any building shall not be less than five thousand (5,000) square feet. Accessory structures permitted need not meet the minimum floor area requirement. Section 5.3 Maximum Gross Floor Area and Density. A maximum of two (2) buildings shall be permitted, The gross floor area of any building shall not exceed nine thousand five hundred (9,500) square feet and the total gross floor area of the two permitted buildings shall not exceed eighteen thousand (18,000) square feet. Restaurants shall be the only permitted primary use. Section 5.4 Landscaping Requirements. Landscape Plan. A Landscape Plan shall be submitted to the 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; (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 all existing trees 9" DBH or larger which are located within any Planting Strip required in Section 5.4.B. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. Plantinq Strip: There shall be landscaped planting areas located adjacent to the IN DOT right-of-way and adjacent to the 96th Street right-of- ::ODMA'~MHODMA\NO1 ;35950;1 way which shall be a minimum of fifteen (15) feet in width and landscaped pursuant to Section 5,4.C hereof. 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). 2. Plantin~ Adjacent to Buildinqs: A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). Outdoor terraces, sidewalks and driveways may be permitted in these areas. 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. 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. Plantinq Within Parkinq 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 5.4.C.1 for minimum planting area requirements.) Total Landscapincl Required: Inclusive of the greenbelts, 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 Outlot Area, minus any INDOT taking, shall be landscaped. C. Landscapincl Standards. 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 Shrubs (only): 5 feet wide Plantinq Strip. The primary landscaping materials used in the planting strip areas and adjacent to buildings 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. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 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 ¼ of tree height. 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 ¼ of tree height. c. Evergreen Trees: A minimum height of eight (8) feet. Deciduous Shrubs: A minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. Evergreen Shrubs: A minimum height and spread of twenty- four (24) inches. D. Landscapina Installation and Maintenance. Installation. All required landscaping for each phase of the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to ::ODMA',MHODMA\NO1 ;35950;11 14 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. 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. 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, 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 5.5 Parking Requirements. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building(s). The minimum number of parking spaces required shall be one (1) space per every four (4) patron seats, plus one (1) space per employee per largest shift. 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. ::ODMA~VIHODMA\N01 ;35950;1 Section 5.6 A, Section 5.7 A. Li~htinci Reciuirements. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting ("ADLS" approval petition). The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 2. 3. 4. 5. Parking lot and service/storage area lighting; Architectural display lighting; Security lighting; Lighting of pedestrian ways; and Landscape lighting. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. The height of light standards shall not exceed twenty-eight (28) 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. 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 Parkwood Crossing West development shall not exceed 0.1 footcandle at the north right-of-way line of West 96th Street and the east right-of-way line of Spring Mill Road. Sicins. Outlot Area Sicins. Number & Type: Three (3) total signs being either one (1) ground identification sign and one (1)wall sign on two (2) building facades per business; or, one (1) wall sign on three (3) building facades per business. Maximum Sign Area: Ground Sign - 60 square feet Wall Sign - 5% of the facade Maximum Sign Height: Ground Sign - 6 feet ::ODMA~vlHODMA',NO1 ;35950; I 4. Location: As shown on the building elevations and site plan. Signs shall be setback a minimum of 10 feet from the right-of-way. Signs shall not be located within the vision clearance area. 5. Design: All wall signs shall consist of individual letters. All ground signs shall be consistent with the Parkwood Crossing West Identification Signs. 6. Landscaping: A landscaped area shall be provided adjacent to each ground sign at least equal in area to the total sign area. 7, Illumination: Internal or completely shielded. 8. Sign Permit: Required. 9. Fees: Required. Parkwood Crossincl West Center Identification and Real Estate (Leasincl) Signs. 1. Number & Type: As approved by an ADLS Sign Program for Parkwood Crossing West. 2. Maximum Sign Area: As approved by an ADLS Sign Program for Parkwood Crossing West. 3. Maximum Height of Sign: As approved by an ADLS Sign Program for Parkwood Crossing West. 4. Location: As approved by an ADLS Sign Program for Parkwood Crossing West. 5. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. Illumination: Internal or completely shielded, Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. Sign Permit: Required. ::ODMA\MHODMA\NO1 ;35950;11 17 9. Fees: Required. 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. CHAPTER6.0APPROVALPROCESS. Section 6.1 Approval of ADLS. The Commission shall consider an ADLS approval petition for any building within Parkwood Crossing West. The ADLS approval request shall be a specific plan consisting of the architectural design of any buildings, landscaping, lighting, and signage for a site within the Parkwood Crossing West development. The Commission shall approve the ADLS without conditions or approve with conditions. 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. 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 62 Approval or Denial of the Development Plan. The Commission shall approve a conceptual Development Plan (the "DP") simultaneously with the approval of this Ordinance, as shown on Exhibit C. The Director shall approve without conditions, approve with conditions, or disapprove the final DP for any project within Parkwood Crossing West; 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 within Parkwood Crossing West, the Director shall set forth in writing the basis for ::ODMA~vlHODMA\NOI ;35950;11 1 ~ the disapproval and schedule the request for approval of the final DP for hearing before the Commission. An amendment to a final DP which does not alter the use of any land may be reviewed and approved by the Director. 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 7.0 DEFINITIONS AND VIOLATIONS. Section 7.1 General Rules of Construction; Definitions. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this Ordinance: The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. Words used in the present tense include the past and future tenses, and the future the present. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should"is a preferred requirement. B. Definitions: Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. A parking plaza is an accessory structure. 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. Alteration, Material: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. ::ODMA~,IHODMA%NOI ;35950;1 14.Cafeteria/DelilCotfee Shop: .A[lestaQlis~ ment locate!;l within the b'uilding(s) wherefoodiand drink is prepared, served a[ld con~umed primarily within thE]'.building(s).by the occupants of the building(s) and their guests. 15, Centerline: A line lying il1is:lway ,tJ~tween the side-lin<3s of astreetor ,alley rightcof,way:and/or'pavement. 16. eertificate ofOccupancv: A certificate signed'byt~e Director stating that the.occupancyand use of land. or a building or structure referred .to th~reif1 cOITlRlie,s with t~e prbvisions of this Ord inance. 17, CitY: Th~ City cif Carmel, Indiana. .18. Commission, The Carmel/Clay Plan CommissiOn. 19. Commitment. An official agreement,madeinaccordancewith Indiana Cbde ~36-7~4-615, concerriihgfhe Llseor deveiopmerit ota parcel of real. proper:lywt\ii::~ is m~de in Writjng by the owner of that parcel, either voluntarily or in accordance With an order 'or' recwesfof the c;oml:1lissip'1,as recorde.d in the Officecif"the Recorder of,Hamilton County, Indiana 20. Common Area: Are.as within q~evelppmennhat serve either'a.portion afar the..entire development. (Example.common,area - signs, lighting, langscaping, maintenance shed', ete:) 21. Conference.Center:Ameeting room provided as an amenity for, and maaeayailab!e.to, all occLJpants orthe building(s) andtheirguests. 22. Council~The GityCouncilofthe-City of'Carmel, Indiana. 23. Countv: Hamilton,County; Indiana. ,24. Dav'Care: An o(ganized group programfott~e care ()fchilarenaway Trom their ownresidence for any part of atwenty"four (24) hour.day, for comp<3nsation orotherWi.?e, . 25 Development Plan: A specifjc plan fbi the. d$yel()pinent. of real property that,is submittedJor CommiSSion approval showing proposed faCilities; puildrng~'and:sthjcti.Jres. Ttii~ plan review ihcludes general.. landscaping, pasking.: drainage,erosioh contrbl,sigl1~ge,. lighting, screening and buildings. ihformation fora site. A .develqpmerit plan i~T 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. 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. Antenna: A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni-directional antenna, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. Architectural Plan: A plan for the construction of any building or structure designed by a qualified registered architect. 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. 9. Board: The Carreel/Clay Board of Zoning Appeals. 10. Buildin.q: 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. A parking plaza is not a building. 11, Buildincl 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. 12. Buildinn Heiclht: 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. Buildinq 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, ::ODMA~vIHODMA\NO1;35950;11 20 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. may include only parcels that are contiguous and not separated by the right-of-way of any highway in the state highway system. (Amended by Z-333) Development Requirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a development plan. Diameter at Breast HeiC~ht (DBH}: Diameter of the trunk measured at fifty-four (54) inches above grade. 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. Dish: That pad of the earth station shaped like a saucer or dish. Dish-Type Receivinq Antenna (Earth Station or Ground Station): A signal receiving device, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. 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. Fitness Center: An exercise facility provided as an amenity for, and made available to, all occupants of the building(s). 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. 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. Front Yard: The side of the Real Estate which is adjacent to the 96th Street right-of-way. ::ODMAWtHODMA\NO1 ;35950;11 22 36. Greenbelt: That portion of the front yard of the office area which is immediately adjacent and parallel to the right-of-way of 96th Street or Spring Mill Road and having a minimum depth of thirty (30) feet. 37. Greenbelt Buffer: That portion of the office area which abuts the perimeter of the development and which is designed specifically to provide a buffer and visual screen to adjacent residential land. 38. Gross Floor Area (Construction Area): The floor area, excluding any penthouse areas, as measured by the face of the exterior building material. 39. HVAC: Heating, ventilation and air conditioning equipment. 40. Landscaped Green Area: An area which includes live plantinge other than grass. The size of planting at the time of installation shall not be less than a minimum of eighteen (18) inches in width and height for shrubs, a minimum of four (4) to five (5) feet in height for evergreen conifer trees, and a minimum of six (6) to eight (8) feet in height for shade trees. 41. Landscapin~: The improvement of the Real Estate with grass and mounding, shrubs, trees, othervegetation 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. 42. Lot: A portion of the Real Estate intended as a unit for transfer of ownership or development. 43. Lower Level Si~n: A sign located on a building facade below a height of twenty-six (26) feet, measured from grade level. 44. 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. 45, Office Area: That part of the Real Estate located less than 1285 feet east of the West Section Line, as shown on Exhibit C. ::ODMA'~IVIHODMA\NO1 ;35950;11 23 46. Outlot Area: That part of the Real Estate located more than 1285 feet east of the West Section Line, as shown on Exhibit C. 47. Parcel CoveraCle: The total ground area, within the Real Estate, covered by buildings, parking plazas 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. 48. Parkinq Plaza Heiqht: The vertical distance from the grade of the ground level of the structure to the top of the parapet that comprises the majority of the perimeter of the structure. 49. Parkinq 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. In parking structures, the minimum width may be eight and one-half (8¼) feet, and one-half (¼) of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space and the minimum height of such space shall be seven (7) feet. 50. Photocopyinpl and Duplicatinq Devices: A facility providing reproduction, cutting, printing, binding, etc. of written materials, drawings, labels, etc. for occupants of the building(s). 51. Plantinq 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. Pond: A body of water either occurring naturally or artificially created and not fed by any watercourse. 53. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. 54. Receiver: A television set, radio, communication device or data input device that utilizes the signals from the earth station. 55. Restaurant: An establishmentwithin the building where food and drink is prepared for, served to and consumed by the general public. The establishment may have an outside seating component. The ::ODMA%MHODMA\NO1;35950;11 24 establishment may have a separate area, or lounge, where alcoholic beverages are served without full food service, provided the area is accessory to the primary use in (1) square feet or (2) sales. 56. Restaurant, Drive-In or Drive-Throuah: Any restaurant designed to permit or facilitate the serving of food or beverages directly to, or permitted to be consumed by, patrons in or on motor vehicles parking or stopped on the premises. 57. Restaurant, Fast Food: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, on-premise or off-premise. 58. Riclht-ofiWav: An area of land permanently dedicated to provide light, air and access. 59. Setback: The least measured distance between a building or structure and the Section Line, the side property line of the Real Estate or the rear property line of the Real Estate. 60. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for CarmeI-Clay Township, Ordinance Z-196, as amended. 61. South Section Line: The South Line of the Southwest Quarter of Section 11, Township 17 North, Range 3 East. 62. 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. 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. 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. 65. Upper Level Siqn: A sign located on a building facade above a height of twenty-six (26) feet, measured from grade level. ::ODMA~vlHODMA%NO1;35950;11 25 66. Use: The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. 67. Vehicle Service Facility: An operation providing a service to occupants of an adjacent building which involves the cleaning, detailing, wiper blade replacement and bulb replacement for the vehicles of the building occupants. 68. West Section Line: The West Line of the Southwest Quarter of Section 11, Township 17 North, Range 3 East. Section 7.2 Violations of Ordinance. All violations of this Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. (Signature Page Follows) ::ODMA~MHODMA\NO1 ;35950;11 26 (~. ,2001, by a vote of ~ ayes and C nays. COMMtON COUNCIL FOR THE CITY OF CARMEL P idi K rby R N.L R ndl ;'n Diana L. Cordray, I asurer--~ Diana L. Cordray, IAMC, ~~urer ::ODMA~'vlHODMA\NO1 ;35950;11 27 CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON PETITION FOR PARKWOOD CROSSING WEST PUD TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. ~_ '~Q;5 '~ TO: The Honorable Common Council of the City of Carmei Hamilton County, Indiana Dear Members: The Carmel/Ciay Plan Commission offers yon the following report on the application of Parkwood Crossing West PUD, copy attached, petitioning the Commission to rezone the following real estate located in Hamilton County, Indiana, commonly described as follows: The Valinet property at the South West Corner of 1-465 and U.S. Highway 31, being the North West Corner of 96th Street and U.S. Highway 31 (to Spring Mill Road,) from B-5/Business and S-2/Residence Districts to a PUD/Planned Unit Development District. The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting of December 19, 2000, the Carreel/Clay Plan Commission approved the requested Rezone by a vote of 11 in favor 3 opposed (Madeline Fitzgerald, Pat Rice, Nick Kestner) and none abstaining. In connection with this proposal, the Plan Commission also recommends: 1) That the Council consider further the adequacy of the Petitioner's Commitments to dedicate right-of-way for roadway improvements needed for this project, in connection with any deliberations on the proposed Tax Increment Financing of those improvements; 2) That the Council endeavor to arrange for all necessary roadway improvements to be accomplished concurrently with construction, or before final occupancy of the proposed office buildings, to assure that there is an orderly flow of traffic through the affected intersections after tenants have occupied the buildings; 3) That the Council review all roadway improvements with the Indiana Department of Transportation and the Metropolitan Planning Organization, and 4) That negotiations should begin immediately to obtain any additional right- of 0way that may be needed for U.S. Highway 31 improvements as they pertain to this project. DATED: December 21, 2000 David A. 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V C 'C;; ~.- ___ to ca"r---..~, I '~',-, ,il.l'~L 1lV,___ ft; >.>. .t::"-,N '":tN""1" 'J:: ........ >,',O'"ltl- 0 :5oi!:o<o'~._ -, .......;.t':olU- ~1' 3::3; ';: tn 'Jl 1Il oln ,:t Cjl ~ ~,Q:>I .0 -- (,) -, r.>~'1). co 'l.I. <).- " c. 021' l,..!.. 'C: .~ ~",:,.~ VI '-..!. o. . ~ ~ Z......,oC',.~ ,:r:n:CF> ("J'I'OI 'l.> E ,,01"'),0 ~;>t= \,;. zit s: ,G}.I\J -:>, III v_ ~,_I'.........'........ ' .., - g'-- -- --.J"O:O 't:l""O c:"---'= ;,. , ;Q.O :C-..c-, IlJ tIl.,--C :J C. o"J:l w....2'CJlc:n-o 0" (-'J 1;:-. 0:..: '1.' t7'O).;:tr,' ,,( W 0 ';:: '-:: 1.11 ru CJ \[! if)...... ~-:-':,1Jl ot.,~: :::: C/) ..;. I I I I. ( I I", I"" ..,. ., ~ ~ z:w , O:;!, ,Cl..l=,u <00) '::::>:W C/).o ::>- >- W"- :>::..q~ '-.Z ~ Exhibit 8 12119J2000 FINAL COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE In accordance with Indiana Code Section 36-7-4-615, NRC Corp. (hereafter the "Owne!"), the owner of thefollowing described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate") makes the following COMMITMENTS concerning the use and development of the Real Estate to' the Carmel/Clay Plan Commission (hereafter "Commission"). 1. Description of Real Estate: See ExhibitA ("Real Estate") (Parkwood Crossing West PUD) 2. Docket No: 154-00-Z 3. Statement of Commitments: Owner makes the following commitments relating to the Real Estate: a. Billboards (a/kla advertising signs for off-premises advertising) or freestanding elevated signs (a.k.a tall signs or interstate oriented pole signs) for business identification will not be permitted on the Real Estate.' This does not exclude leasing signs or other identification signs permitted by the PUD Ordinance. b. Parkwood Crossing West center identification and real estate (leasing) signs (excluding wall signs) Jor the "Office Area" of the development'shall be similar to and of a similar design as those in th'e existing Parkwood Crossing office development located east of Meridian Street. In addition, an interstate monument sign identifying Parkwood Crossing West shall be permitted which may be a maximum of 35 feet tall, 15 feet wide and 10 feet deep. c. Owner will use its best efforts to cause the power lines adjacent to the Real Estate along 96th Street and Spring Mill Road to be placed underground. ::ODrv1A\MHODMA\N01 ;35962;5 ::ODMAVvtHODMA\N01 ;35962;5 d. Subject to the approval of the appropriate government agencies, the right-of-way described below needed for any widening of 96th Street to allow for the road improvements suggested in the report of A & F Engineering dated September, 2000 and submitted as part of the petition for rezoning of the Real Estate (other than the additional right- of-way needed beyond the limits of the Real Estate at the intersection of 96th and Spring Mill Road and the intersection of 96th and Meridian Street) will be taken from the subject Real Estate and any improvements made to 96lh Street (as suggested by the A & F Report) shall be made within the existing paving area or north of the existing paving. (Note: Apparent existing right-of-way on this section of West 96th Street equals 33 feet. Additional right-of-way required off the north side of West 96th Street equals 57 feet. Total new right-of-way width on this section of West 96th Street will equal 90 feet). Arrangements shall be made for providing this additional right-of-way if and at such time as development of the Real Estate commences or shortly thereafter. Owner will use its best efforts to cause an opticom system to be installed with any traffic signals which are insl'alled as a result of the development of the ,Real Estate. e. Access to the Real Estate will be limited to (1) a right-in/right-out access located east of Illinois Street to serve the "Outlot Area", (2) a full access between Illinois Street and Kenwood Avenue, and (3) a full access approximately 430 feet west of Kenwood Avenue. Access to the Rea) Estate from Spring Mill Road will not be permitted, unless otherwise specifically approved by the Commission due to a change in circumstances regarding Spring Mill Road. f. Drainage and sanitary sewers and the proposed drainage system, including retention pond(s) and storm sewers, and the. sanitary sewer lines will be designed and approved by the applicable regulating agencies so as tonot adversely impact the Williams Creek flood plain, or the existing or future adjacent residential development, or existing or future sanitary.sewer connections in Marion County. g. Any office buildings .constructed on the Real Estate will include a fire suppression system. h. Owner commits to architecturally treat the south and west facades of any parking plaza that has unrestricted sight lines to the existing neighborhood to the south or to the future neighborhood to be 2 , . . constructed to the:weN, such tharthe appeara.nce of the parking plaza, as viewed from the homes Or;l'tre: south side'of961h Street and fr[)m any homes,which may be constructed on IheWestsideof.Spring Mill Rp8.d will tie ae~thetically improved from that of the standard . . .0 parkingplaz~ fac:ade' I. OWn'er,commits'that anyparking area shallbea minimuilion03,5 feel from the South Line SW 1/4 Sec, 1.1, T 17 N, R 3,E(the"South SeeMan linen), (Oilly' applicable to the west 1285 feet of the Real Estate), ' J, The process to construct the: improvements to 96th Street and\he improvements t6 the intersection of 96th Street and Meridian (cQllecliv'ely'''lmproy'ements''), as suggested in theA&FEngi'ne~ring report, will.,becommef;1cedcoritempci'raneously With the start of the development of the, Real Estate and will be d,iligently p'ursued to completion, k: O\Ain.er cO,mm its m,att!,e-Real Estateshall,bedevelopedil'l compliance with the. Conceptual Site Development'l?l,a:n attache,d asExhibit C; subject to such amendments and modifications thereto as are approv,ed.by the ,Com rriissioi;i ,or the Carmel/Clay 80ard.of Zoning Appeals 4 Bihdinoon Successors andAssiqns: These€omm [tments arebihding on toe OWI1er of thaREl,al Estate and e<)ch0therperson acqUiring aninteresththe the .Real Estate; unless .,mOdified or terminated by the Commission, These. Commltments'may'be modified or iermin~ted"onlyby adeCisioltpf theOoml:nission made ata,puolic,hearing after notice as provided by the rLlJes of. the Commission or as othefWise'providedpy IC'36-7A-615. 5.. Effective Date: The.Com m itmentscontained herein sha II 'be' effective - '''. - < ., - "- . ~.. - J, _ - , -." .. - , upon the adoption of:an,ordinance by tbeCarmel City Council chaogir]g the zoning classification 'of the 'Real Estate described on.Exhibit A from the .Sc2 Residence .-,- ""... ' District aDd the 8-5 Busjness,Bistrict:to the Planned UnitDevelo'[:iment 6. Recordinq:.. The undersigned hereby authorizes the 'Dlredo~ ofi~e ~epartmeht of Community Services, or me Secretary of the Oarmel/Clay Plan Commission,ta record thesE!'commitme,n\s .iritheoffice of th~ Recorder ofl'jamilton County? Indiana loJpon adoption oUheordinance referted to'in"paragraph 5 aboVe, ::OrnAA1.MHODMAW01;35962;5 3 7 Enforcement These cOJl1mitm~nts maYQe enfarced by the CarmellClayPlan C.ommissionand the owners of all parcels .of ground adjaining the Real Es.tate whowere'erititled toreceive persanal notice afthe rezanil)g under the ryles infQrc$ aft he til)le the commitmeht was'made. fiN WITNESSWHEREOF, Owner has executed ttl)s.instrumehUhis ~~-t1G cl1'Y 'af . .iZ;~ I' nV~JU ,.2000. NRC CORP."an Indiana corporatian By:. ~.,7f":tI~ Steph~h L. Valine!, Pl'8siaerit STATE OF INDIANA ) ) S5; COUNTY OF MARION ) TOe. undersigned"a Nola~ Public.in and;for. said Caunty and State, acknaw!ecjged the e'xetutidn ofthe foregoing c6mlJli1fije[1lsby StepheR L Valine!, the President .of NRC Carp WITNESSETH'this. c2~ day .of December, 2000. ~~tW. MollYA Sl Gey, Nataryp~ MYComr0iss.ion E;.:pires 10219-200:1;, My.county of Residence- Hamilton r ;. ::-OOM.i\\J'..lHOOMA\N01 ;35962;5 ;:\ w :r: I- l- V> .u. .., Ow n: n w I-W n:c,. .;(z< z ~<(z o 00:;.., '~dl- r2)'~'N 0- Ulf)~.Z 0'1- N ii' o::'IU'a: - -' <( =" - n: U,,- J:O>-.w tT FZt--~,ro Ot--:J- Z, -,::::1' VlO""".::;'Ct::'W >-W(I}-OWU 0::3::' 0.. UCO:W ..,J:'W- ::<0 O>-,IIZW, Z~~IJ}O,>O' o Z~O_W :::rVl'u..,3>d Z,Q o 00':::; z' 00 _""',q: w Z - o O.I ~ Z -- ':( <( 1-- J gz "'" 0:0 '" ..:(,U W (/l lL o Exhibit A co co 0> -.:5 ~...;. ~ _ L .c:5 ~ g'('-~ 3: v 0 -;' :J. ;' V L ~~ ::2;:OOQ ;L:Vl9 o E c Ul V) ((I" __ , c' -- ~ . ...... r-.. ~ '10. 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" "' f-o Z Exhibit'C ::::: ,"", I""., "'11_' 1,,:~,~:- ~" H ; > N'Vl dIll a',W .' -,. ~.~~- .-- . - - -;,.--, H l.ll 0 1:1 - l;m~m~m~~ -"'----_._----~- la'a'ill~ ~, ~ o II'" ......... I '~I : ::: I If; . I., . ,:" ~ . I . I :n n~ I , , :, ' ~ ': , , '~, ' i ..0,: ' , : ! : I i i i 'N"ll-mw!TII !.~ '~1ll'!Jj, m.... 7HO I u f-o :' n ~ ! !, , : , a V,Oll , "'1 1\1 ,oA,r I 11 ,d S, -, ~J D:~,~_,ul' .~" 5 LJl-:':,~-;,: :.l:--w U,o,., ,L:l, ~W~ ?- m w := '" z '" ~ r:::1 ", z D D ..J - .W p 3 r" '" ',L '" u G' <C D... ~.~ <, -OJ~,' ~c ~i Q)" ...2 ~ C r31 ~ .':-.. \ ~.,.. ) PETlllON TO CHANGE THE' OFFlCIALZON1NG ,MAP ;t~:),":'" INCGRJ;l0RATED BY'REFERENCE iNTO THE CARMEUCLAY i0~'fNG~ 11 ORDINANGE . ' ' . L-1 4/' ~~FJj (REZ0NE APPUCA TlON) r.::t i/(J li~f) , \e,,", boa '?CtlQ ,$500 plus $25.00 per acre '~,">..,"8 ,..-:";,' Date: Augus't ~8, 2000 :)~ ,;,v '4!]l ~'V/ Docket No.: N,ame ofQwr1er: !'IRC Corp RhQpeNo.,() ~~ 574-370,0 c/o P,hilip A, Nicely, Esq'. Address of Owner: Bose McKinnE!Y& 'Evans LLP 600 E,96tl1 Str~E!t" Suite 500 Indianap9Hs, IN. 46240 Recard of Ownership: Deed Book; * , Page: "':See Survey , Legal 'Description (Use additional pagers] if necessar:y): " POl"cliase Date: (See attached descriot'ion.) Common. Address of Property Irivol'-<e,d (or'GeneraIDescription if no Address Exists): The Vali'net property at thE!, swe, Of I-465 and :U.:S. Highway 31, being theNWC of 96th Street art!! U'S.Highway 31 (to Sp"i1}g .l1g1p,9ad). Proposed Zoning ,Gbange: From the 52&B5 District.to the pun ,District, for:the property shown outlined in red on the map atfaclied"ner'eto, wHich ismadj:la part of thi,s petition, ,Sta:temen,t of cOrnpliance with. the Carmel/GlayComprehensive' Plan ( use add i t ion ,a' I p. ages ,j J nee e, 's s a r y ). The 'pr9po,sed rezoning is consistent ,wtth the recommeno.ationsof the' ComprE!hensive' Plan Amendment knoWn a's the 1997 ,u. S. .31 Corridor .Plan, an amendment to the 2020 Vision Pl:an (1996),.. Revised '1014195 si\forms\rez'one;8 pp .! AfFIDAVIT ,(lor We), being duly sworn. depose ancLsay'that (I or We) (am or are) th~ (owJ)er or owners) o,fFifti,r Percent (50%) or. mOre of the: property involved in' this application"and that the foregoing signatu~es, statert1ent~, and answers herein contained an.d the information herewith submitted are inallrespectst[ue and correct to tlle besJ of(hiy or , our) knowledge and belief. , ' " . NRC Corp Name c/o Philip A. Nicely Bose"McKinney {, Evans LLP Address 600 E.96th ,street, 11500 Indtin~polis IN 46240. Name j.\d9ress City, State City, State N'ame' 317-574-'3700. Telephone August 18, iOoo Date 200.0. Date State of In. diana , ' County ofHAmHtol1 ) SS: ) ) Before.me the. undersigned"a Notary Public for Milxion (officer's county of residence) County, State of Indiana, personally appeared Philip A. t1icely 'and '(name; of person) acknowledged'the execution of lhedoregoing instrument' this 18th day of August , ,~ 20pO. (priTJted .or txped) s:\forms\rezone.app My comfnissione;q5ifqs; lo.w14-2000 ( en" B. Granner 1'0/95 > 0, ZONING CHANGE A,NAL YSIS Duke-Weeks RealtY Limited Partnership has filed a rezone application for the southwi'fsfquadraht of 1-4,65 and U.S. Highway 31 to the PUG District classification. onhe ,36+ acres sllbJectto this petition, 7.5+ acres' (or ?o+oj.i) are.currentlyzoned 85. Thebalance ofthe Real Estate is currently zonedS2. The office and restaurant.deveJopmel}t proposed for !hes,outhwest.Cluadrant wf1l'be'a ParkwoodGrossing type, or better, ql,lCility development.. The D~veloprTlentPlan anaStr,ategies U.S. Highway Cor-rid or, a'special area study amendment to the Hl96 Carmel/Clay Township Comprehensive Plan (the "Plan"l, proposes'thatthesouthwesfquadrantbe developed with a planned office development, exceptthat the east600Jeet could pe.deveJoped with commercial/retail/service uses. Duke~Weeks Realty.Lil}li~ed Partnershj'p's rezone ~ppltcation is consjstenfwiih tlJeComprehensive PI~m proposals for the Real,Estafe. & ..- - !~~t~~~-r-:f~~ ,;,;11; 'f~~ -'lfi{\;"'; f~~) .l\!,' ~.-!...V DOCS . ::ODMAVvlHODMA\N01 ::359158;' "</QIL[~/.\,::"