HomeMy WebLinkAboutZ-381-02 DEFEATED Hunters Creek PUDSponsor: Councilor Snyder
ORDINANCE NO. Z-381-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
HUNTERS CREEK OFFICE PARK
PLANNED UNIT I
WHEREAS, Section 2
Zoning Ordinance"), provides for the
accordance with the requirements ofI.C. §
(the "Carmel/Clay
Jnit Development District in
WHEREAS
recommendation to the ordinance:
Creek Planned Unit Development District
given a favorable
which establishes the Hunters
NOW, THEREFORE, BE
Indiana (the "Council"), that (i)
amendment to the Cannel/Clay 2
after its passage, (ii)
Ordinance are hereb~
Ordinance
Estate, and (iv'.
by the Mayor.
, the Common Council of the City of Cannel,
36-7-4-1500 etseq., it adopts this Ordinance, as an
and it shall be in full fome and effect from and
or parts thereof inconsistent with any provision of this
after the passage and signing by the Mayor of this
Zone Ordinance No. Z430 shall no longer apply to the Real
passage and signing
Section 1 Applicab~W of Ordinance:
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Section 1.1 J The Official Zoning Map of the City of Cannel and Clay Township, a part of
the Carm~fClay Zoning Ordinance, is hereby changed to designate the land described in
Exhibit~A' (the "Real Estate"), as a Planned Umt Development D~stnct to be known as
Hunt, s Creek Oft~e Park.
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~ Development in the Planned Unit Development District shall be governed
Jentirely by (!) the provisions of this Ordinance, and (ii) those provisions of the Carmel/Clay
/ Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict
J between this Ordinance and the Cannel/Clay Zoning Ordinance or the Sign Ordinance, the
// provisions of this Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
Section 2 Permitted Primary Uses: Office, any type, including without limitation, clinic or
medical health center, general offices, professional offices, insurance offices, and office buildings.
Section 3 Accessory Buildings and Uses: All Accessory Structures andAccessory Uses which
are permitted in the B-5 zoning district shall be permitted except that any detached accessory
building shown in any Development Plan ("DP") shall have on all sides the same architectural
features or shall be architecturally compatible with the principal building(s) with which it is
associated.
Section 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 or fencing and in general be architecturally compatible withthe building(s) with which
it is associated.
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted.
However, the development of any parcel must still conform to the DP for the entire tmet as approved
or amended by the Director, and all other applicable requirements contained in this Ordinance.
Section 6 Height and Area Requirements:
Section 6.1
feet.
Maximum Building Height: The maximum Building Height is thirty-two (32)
.Section 6.2 Minimum Set Back: The minimum Set Back from the perimeter boundary
line of the Real Estate contiguous with Marana Drive shall be one hundred (100) feet, and
the minimum Set Back from all other perimeter boundaries of the Real Estate shall be thirty
(30) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be twenty (20') feet.
Section 6.4 Maximum Parcel Coverage and Densitg:
A. Maximum Parcel Coverage shall be eleven percent (11%).
B. Maximum Floor Area Ratio (F.A.R.) shall be eleven percent (11%).
Section 6.5 Architectural Design Requirements:
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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, wood, and E1FS.
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Building design: All buildings shall be designed with a minimum of eight
external comers, 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. All roofs shall have a
minimum slope of 12 horizontal to 6 vertical.
Section 6.6 Minimum Gross Floor Area: No building shall exceed six thousand three
hundred (6,300) square feet of Gross Floor Area, excluding the floor area of any Accessory
Structure(s). All buildings, together, shall not exceed twenty-five thousand two hundred
(25,200) square feet of Gross Floor Area.
Section 6.7 Maximum Number of Buildings. There shall be no more than seven (7)
Buildings located upon the Real Estate.
Section 7 Landscaping Requirements:
Section7.1
Estate.
Greenbelt. The Greenbelt shall exist around the entire perimeter of the Real
Section 7.2 Landscaping Plan: The Landscaping Plan is attached hereto and incorporated
herein as Exhibit "B" (the "Preliminary Landscape Plan"). The Preliminary Landscape Plan
is intended to illustrate the landscape requirements set forth in this Section 7. The
Preliminary Landscape Plan identifies landscaping for (i) the three (3) buffer yards, each of
which is intended to adjust landscaping for adjoining uses, (ii) the base building landscaping,
and (iii) internal parking lot landscaping and perimeter parking lot landscaping. Each of
these areas is further described below.
Section 7.3 Areas to be Landscaped:
A. Marana Drive and West Bufferyard.
The Marana Drive and West Bufferyard starts at the center of the
access drive on the north property line shown on the Conceptual
Redevelopment Plan, and extends (i) west to the west property line
and then (ii) south to the southwest property line. The Marana Drive
and West Bufferyard is identified on the Preliminary Landscape Plan.
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The purpose of the Marana Drive and West Bufferyard is to provide
a heavily landscaped area to accent the property and screen the
residential area from the commercial use.
The landscaping in the Marana Drive and West Bufferyard shall
include, within each one hundred foot (100') incremem, (i) five (5)
shade trees, (ii) five (5) omamemal trees, (iii) twenty-seven (27)
shrubs, and (iv) in the areas shown on the Preliminary Landscape
Plan along the northern property line, undulating mounds, two feet
(2') to three feet (3') in height. Evergreen trees may be substituted for
shrubs and, for each evergreen tree planted, three (3) fewer shrubs
shall be required.
Rohrer Road Buffergard.
The Rohrer Road Bufferyard starts at the north end of the east
property line and then extends south along the east property line, to
the south property line on the Rohrer Road Right-of-Way. The
Rohrer Road Bufferyard is identified on the Preliminary Landscape
Plan.
The purpose of the Rohrer Road Bufferyard is to enhance the property
perimeter and provide a transition from the U.S. 31 use to that ora
lower profile office use.
The landscaping in the Rohrer Road Bufferyard shall include, within
each one hundred foot (100') increment, (i) three (3) shade trees,
(ii) two (2) ornamental trees, (iii) ten (10) shrubs, and (v) two (2)
evergreen trees.
Meridian Village Plaza Buffer~ard.
The Meridian Village Plaza Buffetyard starts at the south property
line adjacent to Rohrer Road and extends west, and then northwest to
the south end of the west property line. The Meridian Village Plaza
Bufferyard is identified on the Preliminary Landscape Plan.
The purpose of the Meridian Village PlaTa Bufferyard is to provide
a transition from the Meridian Village Plaza to the office use.
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The landscaping in the Meridian Village Plaza Bufferyard shall
include within each one hundred foot (100') increment, (i) one (1)
shade tree, (ii) one (1) ornamental tree and (iii) two (2) evergreen
trees.
Base Building Plantings. Them shall be planted in front of and adjacent to
each Building (i) two (2) ornamental and/or shade trees, and (ii) eighteen (18)
shrubs. There shall be planted on each of the two sides of each Building (i)
one (I) ornamental and/or shade tree and (ii) seven (7) shrubs. Except for the
area of the Real Estate occupied by Office (1) shown on the Conceptual
Development Plan, there shall be no building base plantings adjacent to the
rear of any building. There shall, however, be (i) two (2) shade trees and/or
ornamental trees, and (ii) twenty (20) shrubs located along the rear of each
building located within the area of the Real Estate occupied by Office (1)
shown on the Conceptual Site Plan.
Planting Within Parking Lots: All parking lot landscaping, consisting of
both perimeter parking lot landscaping and internal parking lot landscaping,
shall comprise no less than seven percent (7%) of the total surface parking
area, and shall be of a quality to improve and enhance the site and its
surrounding area:
Landscaping internal to the parking lots shall occur in any
combination of planting islands, planting peninsulas and
entranceways, and provide not less than one (1) ornamental and/or
shrub tree and ten (10) shrubs for each four hundred (400) square feet
of interior, paved, parking lot area;
Perimeter parking lot landscaping shall exist along the perimeter of
the parking lot except along those segments of the parking lot
perimeter adjacent to the front and sides of any Buildings. In each
one hundred foot (100') segment of the perimeter parking lot to be
landscaped, perimeter parking lot landscaping shall consist of
(i) twenty-four (24) shrubs, (ii) four (4) evergreen trees, and (iii) two
(2) shade trees every one hundred (100) feet.
Section 7.4 Landscaping Standards:
Materials: All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
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Shade trees: a minimum trunk diameter of 2 ½ 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 ½ of tree height.
Ornamental trees: a minimum trunk diameter of 1½ inches at six (6)
inches above the ground line; and
Shrubs: shrubs may be deciduous or evergreen, and shall be
twenty-four (24) inches at height at planting.
Section 7.5
4. Evergreen Trees: Evergreen trees shall be eight feet (8') in height at
planting.
Landscaping Installation and Maintenance:
Installation: All required landscaping shall be installed prior to the issuance
of a final Certificate of Occupancy by the City. 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 temporary Certificate of Occupancy.
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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 materially altered, eliminated or sacrificed,
without first obtaining further Commission approval. However, Minor
Alterations in landscaping may be approved by the Director in order to
conform to specific site conditions.
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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 7.6
Initial Landscaping: Landscaping within the Marana Drive and West
Bufferyard, the Rohrer Road Bufferyard, and the Meridian Village Plaza
Bufferyard shall be installed during the first phase of
construction/development.
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Section 8 Parking Requirements:
Section 8.1. Efforts to break up large expanses of pavement are to be encouraged by the
interspersing of appropriate planting areas wherever possible.
Section 8.2. Pedestrian access to and through parking areas shall be provided in the DP.
Section 8.3. The number of Parking Spaces required shall be one (1) Parking Space per three
hundred (300) square feet of Gross Floor Area.
Section 8.4. There shall be an appropriate number of parking spaces, accessible to the
building(s) and identified as reserved for use by handicapped individuals, and these spaces
shall meet State requirements.
Section 9 Lighting Requirements:
Section 9.1. A site lighting plan shall be submitted to the Commission along with the
information and other plans for ADLS. The site lighting plan shall include the layout, spread
and intensity of all site lighting, including:
A. Parking lot and service/storage area lighting;
B. Architectural, display lighting;
C. Security lighting;
D. Landscape lighting.
Section 9.2. All site lighting shall be coordinated throughout the project and be of uniform
design, color and materials.
Section 9.3. The height of light standards shall not exceed twenty (20) 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.
Section 9.4. 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 (i) 0.1 Footcandle at the north
right-of-way line of Marana Drive, and (ii) 0.3 foot candles along all other perimeter
boundaries of the Real Estate. The light fixture to be located near the Marana Drive entrance
shall be a minimum of seventy (70) feet south of the south right-of-way line of Marana
Drive.
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Section 10 Signs
Section 10.1.
A.
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F.
G.
Section 10.2.
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Wall Signs.
Number & Type: The maximum number of Identification Signs permitted
shall be four (4) wall signs for each Building.
Maximum Sign Area: 30 square feet each.
Location: The signs may be located on the front of each Building. For
purposes of this Section 10.I, the front location of each Building shall be the
Building elevation facing the parking lot.
Design: All walls signs shall consist of individual letters and/or logo.
Illumination: Internal or external.
Sign Permit: Required.
Fees: Required.
Center Identification Sign:
Number & Type: As approved by an ADLS Sign Program for Hunters Creek,
but shall not exceed two (2) in number.
Maximum Sign Area: As approved by an ADLS Sign Program for Hunters
Creek.
Maximum Height of Sign: As approved by an ADLS Sign Program for
Hunters Creek.
Location: As approved by an ADLS Sign Program for Hunters Creek, to be
located east of the Marana Drive entrance.
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 external.
Landscaping: Sign must be accompanied by a landscaped area at least equal
to the total sign area. .~
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H. Sign Permit: Required.
I. Fees: Required.
Section 10.3. OtherProvisions. Section25.7.01 -"GeneralProvisions" and25.7.06-25.7.09
- "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and
Enfomement" of the Carmel/Clay Township Sign Ordinance Z-302, are also incorporated by
reference.
Section 11 Other ADLS Requirements
Section 11.1 Outside Storage of Refuse or Merchandise: 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).
Sectionll.2 MechanicalEquipment: Anymechanicalequipmentvisiblefromanadjoining
street or highway shall be screened with suitable walls, fencing or landscaping and in general
be architecturally compatible with the building(s) with which it is associated.
Section 12 Approval Process:
Section 12.1 Approval of ADLS:
The Commission shall consider an ADLS approval petition for any building
within Hunters Creek.
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 Hunters Creek 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 Alterations 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
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approve any alteration that is less than a minimum limitation imposed by this
Ordinance.
Section 12.2 Approval or Denial of the Development Plan:
The Conceptual Development Plan is attached hereto and incorporated herein
by reference as Exkibit "D" (the "CDP").
The Director shall approve without conditions, approve with conditions, or
disapprove the Final Development Plan (the "FDP") for any project within
Hunters Creek; provided, however, that the Director shall not unreasonably
withhold or delay his/her approval of a FDP that is in substantial
conformance to the CDP and is in conformance with the Development
Requirements of this Ordinance. If the Director disapproves the FDP for any
project within Hunters Creek, the Director shall set forth in writing the basis
for the disapproval and schedule the request for approval of the FDP for
hearing before the Commission.
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An amendment to a FDP which does not alter the use of any land may be
reviewed and approved by the Director.
The FDP shall be a specific plan for the development of all or aportion 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.
Section 13 Definitions and Rules of Construction:
Section 13.1 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.
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Words used in the present tense include the past and future tenses, and the
future the present.
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The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is apreferredrequirement.
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Section 13.2
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Definitions.
Accessory Structure: A structure subordinate to a building or use located on
the Real Estate which is not used for permanent human occupancy.
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.
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 often percent (10%) or more of the plan's total area or
approved materials.
Building: A structure having a roof supported by columns or walls, for the
shelter, support, enclosure or protection of persons or property, and intended
for human occupancy.
Building Height: The vertical distance from the ground level at the main
entrance to the mean height between eaves and ridges for gable, hip and
gambrel roofs.
Certificate of Occupancy: A certificate signed by the Director stating that the
occupancy and use of land or a building or structure referred to therein
complies with the provisions of this Ordinance.
CiW: The City of Carmel, Indiana.
Commission: The Cannel/Clay Plan Commission.
Council: The City Council of the City of Carmel, Indiana.
County: Hamilton County, Indiana.
Development Plan, Final: A specific plan for the development of real
property that is submitted for Commission approval showing proposed
facilities, buildings and structures.-This plan review includes general
landscaping, parking, drainage, erosion control, signage, lighting, screening
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and buildings information for a site. A development plan may include only
parcels that are contiguous and not separated by the right-of-way of any
highway in the state highway system.
Development Plan, Conceptual: A general plan for the development of real
property, that is submitted for Plan Commission approval showing proposed
facilities, buildings and structures. This plan generally shows landscape
areas, parking areas, site access, drainage features, and building location(s).
Development Requirements: Development standards and any requirements
specified in this Ordinance which must be satisfied in connection with the
approval of a Development Plan.
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.
Floor Area Ratio (F.A.R.): The Gross Floor Area of ail stories of ail
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.
Greenbelt: A strip, thirty (3 0) feet in width, around the entire perimeter of the
Real Estate. The Greenbelt shall be unoccupied except for plant materials,
steps, walks, terraces, bike paths, driveways, lighting standards, and other
similar structures.
Gross Floor Area (Construction Area): The floor area, excluding any
penthouse areas, as measured by the face of the exterior building material.
I-IVAC: Heating, ventilation and air conditioning equipment.
Landscaping: The improvement of the Real Estate with grass and mounding,
shrubs, trees, other vegetation and/or ornamental objects. Landscaping may
include pedestrian walks, flower beds, retention ponds, ornamental objects
such as fountains, statues and other similar natural or artificial objects
designed and arranged to produce an aesthetically pleasing effect.
Office: A building or portion of a building wherein services are performed
involving predominantly administrative, professional or clerical operations,
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FF.
including but not limited to professional offices, business or personal service
offices, financial institution offices, sales offices, real estate offices, and
governmental offices.
Parcel Coverage: The total ground area, within the Real Estate, covered by
buildings and accessmy 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.
Parking Space: An area having a rectangular area of not less than one
hundred eighty (180) square feet and a minimum width of nine (9) feet
exclusive of driveways, permanently reserved for the temporary storage of
one automobile.
Professional Office: An office of a member ora recognized profession such
as an architect, attorney, dentist, engineer, physician or surgeon.
Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
Setback: The least measured distance between a building or structure and the
perimeter boundary of the Real Estate. For purposes of determining Set
Back, the perimeter boundary of the Real Estate (i) shall always mean and
refer to the outside perimeter boundary line of the Real Estate and (ii) shall
not be changed or reduced by reason of the platting or subdivision of the Real
Estate into smaller parcels.
Sign: Any type ofsigu as further defined and regulated by this Ordinance and
the Sign Ordinance for Cannel-Clay Township, Ordinance Z-196, as
amended.
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.
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. -
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GG.
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.
HH. Use: The employment or occupation of a building, structure or land for a
person's service, benefit or enjoyment.
Section 14. Violations. All violations of this Ordinance shall be subject to Section 34.0 of
the Carmel/Clay Zoning Ordinance.
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PASSED by the Common Council of the City of carmel, Indiana this /G7%day of
(/~U_t2//A~7~ ,2002, by a vote of ~ ayes and 7 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
~siding Officer
Kevin Kirby
Wayne Wilson, President ro Tempore
John R. Koven
Robert Battreall
Luci Snyder
ATTEST:
Presented by me to the Mayor of the City of Carmel, Indiana the
,2002, at o'clock .M.
__ day of
Diana L. Cordray, IAMC, Clerk Treasurer
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~, Approve~l by me, Mayo~, of. Atf~ City of Carmel, Indiana, this /~- flay of
t/)/~'~7~ ~ ~t'"--i 2002, at ,,~ o'clock /w~> .M.
ATTEST:
Diana L. Cord ay, I, C, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
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CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON A PETITION TO AMEND
THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE NO. Z-381-02
Hunters Creek Office Park
Planned Unit Development District (PUD)
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 application of Hunters
Creek Office Park, LLC, (Docket No. 125-01 Z) petitioning to establish the Hunters Creek
Office Park Planned Unit Development District. The area affected is generally located on the
southwest comer of Marana Drive and Rohrer Road, Hamilton County, Indiana.
The Carmel/Clay Plan Commission's recommendation on the petition of the Hunters Creek
Office Park, LLC, is UNFAVORABLE.
At a regularly scheduled meeting of Tuesday, June 18, 2002, the Carmel/Clay Plan Commission
voted eleven (11) in Favor, two (2) Opposed, zero (0) Abstaining, to forward to the Common
Council the proposed Ordinance No. Z-381-02 with an Unfavorable Recommendation.
Please be advised that by virtue of the Plan Commission's Unfavorable Recommendation,
pursuant to IC 36-7-4-607(0, the Council has ninety (90) days to act on this petition before it is
defeated. Ninety days from the date of this Certification is Thursday, September 26, 2002.
DATED: Friday, June 28, 2002
2002-06-26; Z-381-02 Hunter's Creek PUD Certification
CARMEL/CLAY PLAN COMMISSION
ma/ril~n~zi~son, 0resident/ '~c-
RECEIVED
IJUN 8 ku02'1
CARMELCLERK
TREASURER