HomeMy WebLinkAboutZ-164 Planned DistrictAN ORDINANCE AMENDING THE ZONING Ok~ ,~NCE
OF THE CITY OF CARMEL, INDIANA
ORDINANCE NO. Z~/&~
An ordinance amending the Zoning Ordinance of the City of
Carmel, Indiana, Ordinance Z-160, passed by the Common Council
of the City of Carmel, Indiana, on the 21st of January, 1980.
BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, under the authority of Acts 1979, Public Law 178
Section 1 et seq (I. C. 18-7-4-101 et seq.), and all acts amenda-
tory or supplemental thereto, that Ordinance No. Z-160 is hereby
amended as follows:
SECTION ONE. Section 3.6 of the Zoning Ordinance is amended by
changing the cross-reference in the definition of "Planned District"
from Section 23.0 to Section 24.0.
SECTION TWO. Section 24.0 is deleted in its entirety and the regu-
lations attached hereto are substituted therefor.
SECTION THREE. Section 29.6 of the Zoning Ordinance is amended by
deleting paragraphs 8 and 9 thereof and substituting therefor the
following:
8. Preliminary Development Plan
9. Final Development Plan
$250.00
$100.00
10. Change in Development Plan
$100.00
SECTION FOUR. This Ordinance shall be in force and effect from
and after the date of passage.
Passed this ~ day of ~ , 1980 by the Common
Council, City of Carmel, Indiana.
Jane A. Reiman, Mayor
City of Carmel, Indiana
Dorothy J. Hancock, Clerk-Treasurer
City of Carmel, Indiana
24.0
PLANNED DISTRICT REGULATIONS
24.! The Planned Develoomenn - Generally.
The planned development is designed to permit, within a
single district, multiuse complexes or land use combinations of
commercial and noncommercial uses, or single-use commercial or
industrial projects, which due to excellence of planning,
design or function, can be intermixed, grouped or otherwise
uniquely located with maximum cohesiveness, attractiveness and
compatibility. Thus, the district orovides flexibility and
procedural economy, by permitting the broadest ranze of land
use choices within a single district, with adesuate land use
controls. Under the olanned district classification, oarticu-
iar re~ard can be given property with unique featt~res or
significance, such as unusual topography or landscape ameni-
ties, historical, architectural or social significance, or
other special land characteristics. The planned district is
intended to encourage zreater creativity in land o!anninn,
superior site and structural design and develonment: to encour-
age an efficient, aesthetic and desirable use of onen soace: to
orovide for a use of land with high functional an~ aesthetic
values: to assure comoatibility of land uses, both within the
nlanned district and witb adjacent areas. It is intended to
provide maximum fiexibilitv in zoning districtine and controls
in order ~o meet the changing, diverse cevelopmental needs of
-the community,
24.2
Preliminary Develonment Plan.
24.2.1 The Preliminary Develooment Plan - Conform-
ance, Whenever a planneq development is proposed rot ianc
y~g within ~he jurisdiction of the Commission and before any
construction work on the develooment is started, the developer
of the proposed planned development or his duly ~uthorized
representatives shall prepare and presen~ a preliminary devel-
opment plan as herein required for Commission approval. The
preliminary development plan shall comply fully with the
health, zoninR and other applicable ordinances, laws and
regulations in effect at the time the preliminary develoome~
plan is submitted. The preliminary development plan shall
cover the total area which the applicant intends to develop as
a planned development and shall indicate whether the develoo-
ment shall be undertaken in one or more phases. Should a
plattinz, variance or special use procedure be necessary as a
portion of the develooment plan for the planned development,
the orocedore may be pursued orior to or simultaneously with
the development olan requirements and procedures as dictated by
the situation. If the oarcel of land on whizh the proposed
mlanned develooment is not zoned to permit a planned
development, the application for rezoning may be ~iled
simultaneously with the apolication for planned district
approval and pro- cessed together. The procedures for
oreliminary and final develooment Dian approval may be followed
concurrently, if the applicant desires and so files, although
no final development plan approgal shall be granted by the
Commission with respect to a phase of the development until it
has ~ranted preliminary develooment plan approval for the total
development.
24.2.2 Review with Buildinz Commissioner. An anoli-
cant shall meet with the Building Commissioner to review t~e
zoning classification of his site to determine if it is correct
to proceed with the development plan approval procedure, review
the planned district procedures and any other procedures
involved in tbe project and examine the proposed use and
development of the property. The Building Commissioner shall
aid and advise the applicant in preparinz his application and
supporting documentation as necessary.
24.2.3 Application for Preliminary Develooment Plan.
Five (5) copies, or more i~ necessary, of the preliminary
development plan together with supporting documentation shall
be submitted to the Building Commissioner with two (2) cosies
of the written application form and the application fee of
$250.00.
24.2.4 !nit~al Review of the Preliminary Deveiooment
Plan and SuoDortin~ Documentation by the Buiieinz f'om~ssioner;
S--~bmitted to Commission. Follouing the receipt of the written
aoolication ~ee by the Building Commissioner, he shall then
review the materials 'solely for the purpose of determining
whether the application is complete, in technical comoliance
with all aoolicable ordinances, laws and regulations and is to
be forwarded [o the Commission, If the materials submitted by
the applicant are not complete, or do not comply with the
necessary lezal requirements, then the Buitdin~ Commissioner
shall inform the applicant in writinm within ten (10) days of
the receiot of the materials of the deficiencies in said
materials. Unless and until the Buildin~ Commissioner formally
accepts the preliminary development plan application as com-
plete and in legal compliance, it shall not be considered as
formally filed for the ourpose of proceeding to succeedinz
steps ronsard development plan amDroval as hereinafter set
forth. Within thirty (30) days followinz the formal acceotance
of the application by the Building Commissioner, he shall
formally file the application by placing it upon the agenda of
the Commission according to Con~ission rules of procedure.
24.2.5 Public Hearinz by the
Building Commissioner has accepted and
with the Commission, the Commission or
Commission. When the
filed the apDlication
its delegate shall
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assign a docket number and set a date and time for the public
hearing. The Building Commissioner shall notify the applicant
in writing of the time and place of the public hearing. The
applicant shall be responsible zor the cost and publication of
the published legal notification of the public hearing which
shall appear at least ~en (10) days prior to the ~ace of the
public nearing. As necessary, the applicant shall also notify
all aojoining and abutting property owners. The Commission
shall hold the oubiic hearing according to its rules of proce-
dure. Following the public hearing, the preliminary deve!oF-
ment plan shall be reviewed by the Commission.
24.2.6 Approval or Disanproval of the PreliminarK
Development Plan. Following the public hearing of the prelimi-
nary developmen~ plan, the Commission, ~itbin forty-five (45)
days following the date of the public hearing, shall notify the
applicant, in writing, of any further changes in the prelimi-
nary development plan which are required or shculd have consid-
eration before further consideration of the preliminary devel-
opment plan. When the requirea changes aha considerations are
incorporated into the preliminary plan, the Commission shall
then approve or disapprove the preliminary plan. If the
Commission disapproves the preliminary plan, it shall set forth
the reasons for such disapproval zn its own records and shall
provide nme applicant with a copy of such reasons. In
mining whether approval shall be granted, the Commission shall
consider generally if the preliminary plan: (1) crea~es and
maintains a desirable, efficient ana economical use of land
with high functional and aesthetic value, attractiveness ana
compatibility of land uses, within the planned district and
with adjacenn uses; Q2) provides sufficient an~ well-designed
access, parking and loading areas; (3) provides traffic control
and street plan integration with existing and planned public
streets and interior access roads; (4) provides adequately for
sanitation, drainage and public utilities; and (5) allocates
adequate sites for all uses proposed, the design~ character,
grade, location and orientation thereof are appropriate for the
uses proposed, logically relate co existing and propose~
topographical and other conditions, and are consistent with the
Comprehensive or Master Plan of Carmel, Indiana. The Building
Commissioner shall notify the applicant in writing of the
approval or disapproval of the preliminary plan, and if ap-
proved, inform the applicant that he may proceed with the £in~l
development plan.
24.2.7 The Meaning of Approval. Approval of a
preliminary development plan shall constitute approval of the
land uses, densities and general scheme of development depicted
on the preliminary developmen~ plan. Approval of the prelimi-
nary plan shall noc constitute approval of the final develop-
ment plan.
24.3
Final Devetooment Plan.
24.3.1 The Final Develooment Plan Generally. A
final develoomen~ nlan shall, include all of the planned area
unless the nlanned development was preliminarily approved on
the basis of development in phases, in which event a final plan
may include one or more phases of development of the planned
area. A final devclooment plan shall be consistent and in
substantial conformit~ with the preliminary n!an as approved by
the Commission unless the applicant shows reasonable cause for
the deviation from the approved preliminary development plan.
A final develonment plan shall conform to all of the require-
ments for a final development plan as hereinafter set forth.
24,3.2 Aoslication for Final Develonment Plan. Five
(5) copies, or more if necessary, of the final plan together
with supporting documentation shall be submitted to the Build-
ins. Commissioner with two (2) copies of the written application
fo~m and the application fee of S100.00.
24.3.3 Initial Review of the Final Develoomenn Plan
and Supportinz Documentation sv the Buildin~ Commissioner;
Submitted co Commission. Followin~ the receipt of the writuen
application iee by the Building Comr~issioner, 'ne shall than
review the materials solely for the purpose of determinin~
whether the application is complete, in technical compliance
with all applicable ordinances, laws and regulations and is to
be forwarded ~o the Com~nission. If the matarlais ~ubmi~tad by
the applicant are not comolete, or do not comply with the
necessary leza! reouirements, then the Building Commissioner
shall inform the applicant in writin~ within ten (10) days
followins the receipC of the materials, of the deficiencies in
said materials. Unless and until the Buildin~ Commissioner
formally accents the final development plan application as
complete and in legal compliance, it shall not be considered as
formally filed for the purpose of proceeding to succeeding
steps toward final development plan approval as hereinafter set
forth. Within thirty (30) days following the formal acceptance
of the application by the Building Com~nissioner, he shall
formally file the application by placinz it upon the azenda of
the Commission according to Commission rules of procedure.
24.3.4 Approval or Disaporoval of th~ Final Develop-
ment Plan. After submission of the final development plan by
the Building Commissioner, the Commission, within forty-five
(45) days following the date of such submission, shall review
the development plan and shall notify the applicant in writing
of any changes which are required for the final development
plan to be consistent and in substantial conformity with the
approved preliminary plan or to satisfy requirements imposed by
the Commission as conditions to approval of the preliminary
development plan. Within forty-five (45) days following the
receipt of materials incorooraning the required chanzes into
the development plan, the Commission shall approve the final
development plan unless it finds that the final plan is noc
consistent and in substantial conformity with the approved
preliminary plan or fails to satisfy requirements imposed by
the Commission as conditions to approval of the preliminary
development olan. The Co~mmission shall set forth in its
records the reasons for its actions in approving or disap-
proving the final development plan and shall provide the
applicant w~th a copy of said reasons if requested. If the
Commission approves tbe final develooment plan it sh~ll affix
the Commission seal uoon a mylar copy of the approved final
development plan, together with the date of approval and the
certifyin~ signatures of the Commission president and secre-
tary. The Commission shall inform the Buildinz Commissioner of
its decision on the final development p~an and, if approved,
that he may issue imorovement locetion oermits as required for
the planned develooment uoon the receipt by the City of the
financial oerforma~ce ~aran~ees required herein, The Buildin~
Commissioner shall inform the aoolicant of the Commission's
decision concernin~ the final development plan and, if ap-
proved, that he may apply for imorovemenr location permits for
the olanned district upon filing the approved and recorded
final development plan with the Building Commissioner and the
receipt of the financial performance zuarantees by the City.
24.3.5 Filing- the Final Development Plan, Afuer the
Commission has aoorove~ and si~ne~ the final devef~.oment
the applicant shall file said approved development olan with
the Recorder of Hgmiltcn County, Indiar~ and shml! ~file s~id mpproved and
recorded ~development'plan with the Building Commissioner within sixty (60)
days followiD~ approval.
24.3.6 Commencinz Construction on the Planned Deve!-
~. Any person to whom approval of a final eevelopnenn
or a olanned district is g~anted shall comznence construc-
tion within twenty-four (24) months from the date of such
approval, or approval of the final deve!opmenn plan zranted by
the Commission may be revoked, if construction has not com-
menced within said twenty-four (24) month period, then ~he
developer shall, within sixty (60) days followinz the expira-
tion of said twenty-four (24) month period, be required to
demonstrate good cause to the Buildinz Commissioner why said
f~nal approval should not be revoked by the Commission. If the
Buildine Commissioner recommends an extension of the approval
o~ the final development plan, the Commission may extend the
time period allowed for commencement of construction for a
period of up to twenty-four (24) months. Failure to do as
herein required shall result in the automatic revocation by ,-he
Commission of s~ch final aporoval at the termination of the
sixty (60) day period as set forth above. If final approval is
revoked, the B~,ildin~ Commissioner shall notify the developer
in writing that he may no longer obtain improvement location
permits according to his final development plan.
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24.3.7 Authorization. In no event sha)l any improve-
ment location permit be issued for improvements located in a
planned district prior to approval of the final develooment
plan by the Commission, filin~ the approved final deveiopmen5
nlan with the Buildins Commissioner and the receipt of the
necessary financial performance guarantees by the City.
24.4
Requirements for Preliminary Development Plan.
The owner or developer of the proposed planned district
shall submit five (5) copies, or more as needed, of the prelim-
inary development plan with his application for develooment
plan approval. The preliminary development plan for the
planned district shall be drawn to a scale of fifty (50) feet
to one (1) inch or one hundred (100) feet to one (1) inch;
provided however, than if the resu!tinz 'drawings would be over
thirty-six (36) inches in shortest dimension, a scale recom-
mended by the Building Commissioner may be used. The develoo-
ment olan shall show:
24.4.1 Name. The proposed name of the planned
development, follow--~ by the words "preliminary development
plan" and the date of submission or of the latesn revision of
the preliminary development Dian.
24.4.2 Owner and Deve!oDer Information. Names,
addresses and telephone numbers o£ ~ne owner, developer and
Registered Land Surveyor (in accordance with the State Statutes
and licensed to do business in the S[ane of Indiana) who
prepared the preliminary development olan with his signature,
seal and date.
24.4.3 Tract and Use Boundaries. Approximate bound-
ary lines of the ~lanned develoomenn [tact showing dimensions,
according to recognized practice with reference to section,
township and range. In addition, the approximate boundaries
and acreage of each general land use area within the planned
development shall be shown.
24.4.4 Streets and Rizhts-of-Way. Aonroximate
locations of all existing, recorded or unrecorded, public or
private streets and proposed major access streets and related
rights-of-way on or adjoining the proposed planned developmen[.
24.4.5 Contours - Existins. Contours at vertical
intervals of one (1) ~oo[ if the ~mneral slope of the planned
district is less than three percent (3%), of two (2) feet if
the general slope of the planned district is three percen5 (3%)
or more and less than ten percent (10%) or of five (5) feet if
the general slope of the planned district is ten percent (10%)
or more. All benchmark references shall be based on National
Geodetic Vertical Datum of 1929.
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24.4.6 Water System. The approximsne location, size
and capacity of water mains intended to serve the site, in-
cluding the off site routing and connection no an existing
water main.
24.4.7 Sanitary Sewer System. The approximate
location, size, capacity and cirection of flow of sanitary
sewer mains, and, if appropriate, lift scatxons, including the
off site routing and connection to an existing sanitary sewage
main.
24.4.8 Storm Drainage System. The approximate
location, size, capacity and airection of flow of all major
elements of the storm drainage system. If snorm sewers (or
similar types of system) are propose~, show proposed connection
to main system or method of disposinion.into scream, retention
reservoir, e~c., distance to stream outlet, and, if appropri-
ate, approximate size and location of lift sTacxons. If
surface drainage is proposed, snow appro~imac? location of
major swales an~ nypicai cross-section o~ swales, roadside
ditches, grassec ~ater~ays, waner courses, open ditches, curbs
and gutters, approxims[e !ocanion and size of culverts, and
method of disposinion into streams, retention reservoir, etc.
If subsurface train tile is proposed, show typical connection
to storm sewer, cutlet in open drain, retenT%on reservoir or
other adequate outlet.
widths of
drainage,
24.~.9 Easements. The approximate location and
all existing easemenns snaring their use for
utilities or other purposes.
24.4.10. F%ood
plains, as indicated by
FW) cited herein.
Plains.
the flood
The location of any flood
plain districts FP, FF ann
proposed
the plan.
24.4.11 LandscaDinz. A general description of
landscaping. Existing wooded areas should be nonec
on
24.4.12 Laycun. Approximate locations of the various
features which will make up the planned development. This
should form a conceptual plan citing approximate aensiTies and
proposed uses.
24,4.13 Other Parcels of Land. Parcels of land
proposed to be dedicated or reserved for public schools, parzs,
playgrounds or other public use.
24.4.14 North Point and Scale. Both shall be shown
on all sheets of the preliminary development plan.
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24.4.15 Legends and Notes. Legends, notes, approxi-
mate total acrea~e--~-ithin the planned develOpment, proposed
densities, and zonln~ classification.
24.4.16 Other Features. Other features or conditions
shall be shown on the preliminary development plan that would
affect the planned development favorably or adversely.
24.5
Requirements for Preliminary SupPortin~ Documentation.
The developer of the proposed planned district shall, as
dictated by the proposed development, submit two (2) copies or
more as needed, of the following items to provide supplemental
information to the preliminary development plan application.
24.5.1 Area Location Mem. An area location mam at a
scale of 1" - 500'. The map shall show the proposed olanned
development and surrounding area. The area location mao may be
prepared on an existing base map and shall show the fo!lowing:
(1) The outline of the proposed planned developmen~z, its
name and location:
(2) Existing adjacent uses;
(3) Existinz adjacent zoninz classifications and mrooosed
~ses;
(4) Any thorouzhfares directly related to the proposed
planned development;
(5)
Watershed boundaries, number of acres within each
watershed involved and the general overland flow
pattern, and
(6)
The title of the area location map, its scale, no~
arrow, the date the information was olaced on the mao
and the date ~ne base map was prepared.
24.5.2 Soils Mao. A soils mao and its accompanying
report from the Hamilton County Soil and Water Conservation
District office showing the so~l limitations based upon ~he
intended ~saze of the land proposed for the planned district.
24.5.3 Traffic Study. A traffic study to inclpde a
comparative analysis oi present volumes on streets bordering
the planned district or with a direct bearinz on the ~lanned
district versus potential capacity volumes of those stzeets.
Consideration should be made of the effect of the proposed
planned district and the traffic it would enmender, particu-
larly at peak periods. A circulation plan which will show
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recommendations for controlling, sisnatizin~, c,~,~nelizin~,
parking, storing and warning both pedestrian and vehicular
traffic.
24.5.4 Drainage Remort. A brief report describing
the meneral elements of the proposed storm water drainage
system, including curbs and gutters, storm sewers, omen drain-
age waterways, drain tiles, culverts, retention reservoirs and
other necessary apour~enances. Among the necessary items of
information are approximate locations, sizes, anc capacity, and
typical cross-sections of the major drainaze plan elements,
The repor~ should include (i) reference to legal drains located
in the planned district or relatin~ to the planned district;
(ii) the flooding potential of the oisnned distr~ct: (iii) the
general desizn of a storm water system to deal with such
flooding potential, and (iv) the exoected impact of the olanned
district's sncrm water runoff on any receivin~ stream or
downstream property. Where flood o!ains, as indicated by FP,
FF or FW districts herein, are involved, a statement fzom the
Indiana Natural Resources Commission ~o the extent it has
jurisdiction shall be required with respect to location of
floodways and flood plains.
24.5.5 Erosion Control Plan. A s~atement and general
plan setting forth the method oz controllinz erosion and
sedimentation before, durimg and following developmen~ and
construction, i.e., temporary seeding, sediment detention
basins, erosion ~-eventlon devices and othe~ similar ~neans,
that meet the Hamilton County Soil and Water Conservation
District guidelines for urban development.
24.5.6 SerVice Reoorts. Service reports or state-
ments, as necessary, may incluae but not be limited to the
following sources: police or sheriff departments; fire depart-
ments; water and sanitary sewer utilities; electric, gas,
teleDhone and cable television utilities: city, county or s~a~e
highway departments: Carmel-Clay Schools: Hamilton Count-
Health Department, Surveyor, Drainage Board, and Board of
Commissioners; Hamilton County Soil and Water Conservation
District Office; indiana Natural Resources Commission: Carmel
Board of Public Works; and Building Con~issioner.
24.5.7 Metes and Bounds Descrfpnion.
metes and bounds description of the bouncary of
the planned district encompasses.
An approximate
the tract which
24.5.8 Covenants. A general description of restric-
tions which will run with the land and become covenants affect-
ing the use of the property within the planned district.
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24.6
Reeuirements for Final Development Plan.
A final development plan may include all or only a part of
the area depicted on the preliminary development plan which has
received Commission approval. If the final plan ~s presented
in sections for approval, then the applicant shall orovide a
drawing of the plan of said section with all items included
that are required for final development plan approval. The
original mylar drawinK of the final development plan and five
(5) copies, or mcre as needed, shall be drawn to a scale of
fifty (50) feet to one (1) inch or one hundred (i00) feet to
one (1) inch, prcvided that if the resulting drawin~ would be
over thirty-six (36) inches in shortest dimension, a scale
recommended by the Building Commissioner may be used. The
final development olan shall show:
24.6.1 Name. The prooosed name of the p!anaed
development, foll~ by the words "Final Development Plan" and
the date of submission or of the latest revision of the devel-
opment plan.
24.6.2 Owner and Develooer Information. Names~
addresses and telephone numbers of the owner, developer and
Registered Land Surveyor (in accordance with the State S~atu[es
and licensed to do business in the State of indiana) who
prepared the final development Dian witk his signature, seal
and date. Source of title to the land proposed as a planned
deve!opmen~ as sho~n by the books of the Recorder of Hamilton
County, Indiana, as a Drool of ownershio.
24.6.3 Exterior Tract Boundaries and SDatial Location
Information. Accurate tract boundary lines showinz ~imensions,
angles, bearings, existinz monuments, existing markers, refer-
ence corners and benchmarks. Ail shall be described according
to recognized practice based on accurate distances and direc-
tions with reference no section, township and range.
24.6.4 Contours. Contours at verticle intervals of
one (1) foot if the general slope of the 91anned district is
less than three percent f3%), of two (2) feet if the general
slope of the planned district is three percent (3%) or more and
less than ten percent (10%) or of five (5) feet if the general
slope of the mlanned district is ten percent (10%) or more.
All benchmark-references shall be based on National Geode~ic
Vertical Datum of 1929.
24.6.5 Streets and Riehts-of-Wa¥. Accurate locations
of all existing, recorded or unrecorded, 6ublic or private and
proposed streets and rights-of-way on or adjoining the proposed
planned development. Names shall be shown, which shall not
duplicate the names of other streets in the township, and
roadway or pavement and right-of-way widths.
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24.6.6 Water System. The accurate lo,at,on, size and
capacity of all water mains, hydrants, valves and other neces-
sary appurtenances on site plus the connection to the off site
water main.
24..6.7 Sanitary Sewer Syste~n. The accurate location,
size, capacity and direction of flow of all sanitary sewer
mains, lift stations and other necessary appurtenances on site
plus the connection to the off site sanitary sewage main.
24.6.8 Storm Drainage System. The accurate location,
size, capacity and direction of flow of all elements of the
storm drainage system. If storm sewers (or similar type of
system) are proposed, show connection to main system or method
of disposition into stream, retention reservoir, etc., distance
to stream outlet, lift stations~ manholes, inlets, junction
boxes and other necessary appurtenances. If surface drainage
is proposed, show swales, roadside ditches, grassed watar~ays,
water courses, open ditches, curbs and gutters, culverts and
method of disposition into streams, retention reservoir~ etc.
If subsurface drain nile is proposed show connection no storm
sewer, outlet in open drain, retention reservoir or other
adequate outlet. Subsurface drains shall not outlet
shallow or intermittent open waterways or curbs.
24.6.9 Easements. The accurate locstion and width of
all existing and proposed easements stating their use for
drainage or utilities, including, but no~ limited to water,
sanitary sewer, s~orm sewe~, electric, telephone, gas, street
lights and cable television.
24.6.10 Flood Plains. The location of any flood
plains, as indicate~ by the flood plain districts (FP, FF an~
FW) cited herein.
24.6.11 Landscaoing. General locations of existing
an~ proposed trees, shrubbery and screening materials as
necessary.
24.6.12 Lighting. Accurate locations and type of
proposed street and out~oor lighting as necessary.
24.6.13 Layout. Aporoximste locations of the various
features whic~ will make up the planne~ development, no~
otherwise mentioned herein, including, but not limited
b~ildings, lots, storage areas and parking areas. This should
form a conceptual plan citing approximate dimensions and
proposed uses.
24.6.14 Other Parcels of Land. Parcels of land
proposed no be dedicated or reserved for public schools, parks,
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play,rounds or other public use, private recreational facili-
ties for ~he use of the people within the planne~ develoomen~
and any othe~ areas to be used for community purposes.
24.6.15 North Point and Scale.
on all sheets of the development o£an.
Both shall be shown
24.6.16 La,ends and Motes. Le~ends~ notes, total
acreage within the planned development, proposed densities and
zoning classification.
24.6.17 Ctber Features. Other features
shall be shown on the development plan that would
planned development favorably or adversely.
or conditions
affect the
24.7
Xeauirements for Final Suooortinz Documentation.
The developer of the proposed olanned district shall, as
dictated by the orooosed development, submit two (2) copies, or
more as needed, Of the followinz items to orovide supplemental
information to the development Dian application exceot that if
there is no substantial change in the final devetoomenc plan
from the oreliminary olan, then the item submitted with the
preliminary plan shall satisfy the requirements of this Section
24.7.
24.7.1 Tra~ffic Study. A traffic study to include a
comparative analysis of present volumes on streets borderin~
the planned district or with a direcc bearinz on the olanned
district versus potential capacity volumes of those stree:s.
Consideration sbouid 'be made of the effect of the orooosed
planned district and the traffic it would engender, particu-
larly at peak periods. A circulation plan should be included
for all existing and proposed streets, both public and private,
which will show recommendations for controlling, signalizing,
cbannelizing, oarking, storing and warning both pedestrian and
vehicular traffic.
24.7.2 Drainaze Plan. Detailed drawings and con-
struction plans for all ezements of the storm water drainage
system, including curbs and zutters, storm sewe~rs, open drain-
ame waterways, drain tiles, culverts, retention reservoirs and
other necessary appurtenances, shall be included. Anon~ the
necessary items of information are locations, zrades, sizes,
capacity and typical cross-sections of the drainaze plan
elements. A report shall be included concerning: (i) legal
drains located in the planned district or relatin~ to the
planned district, (ii) the flooding potential of the planned
district; (iii) the design of the storm water system to deal
with such flooding potential and (iv) the expected impact of
the planned district's storm water runoff on any receiving
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stream or downstream property. Where flood olai~ as ~ndi-
cated by FP, FF or FW districts herein, are involved, a state-
men[ from the Indiana Natural Resources Commission to the
extent it has jurisdiction shall be required with respect to
location of floodways and flood plains.
24.7.3 Erosion Control Plan. ^ statement and plan
settin~ forth the method o~ controll'~ng erosion and sedimenta-
tion before, during and following development and construction,
i.e., temporary seeding, sediment detention basins, erosion
prevention devices and other similar means, that meet the
hamilton County Scil and Water Conservation District guidelines
for urban development.
24.7.4 Landscaoing Plan. A detailed plan of the
existing and proposed landscaping showing location, kind and
caliper measurement size of trees, shrubbery and screening
materials, as appropriate and required by the Plan Commission.
24.7.5 Lizhtinz Plan. Specifics are recuired con-
cerning the easements, locations, size, height, type and
wattage of proposed street and outdoor lighting.
24.7.6 Sizna~e Plan. All exterior siamese proposed
to be located in the planned development, subject to aDoroval
and obtaining of a sizn oermi~ prior to erection under-~he
requirements of the Carmel Sign Ordinance, shall be shown and
conformance or non-conformance with said ordinance shall be so
noted.
24.7.7 Service Remorts. Sevice reoor~s or state-
ments, as necessary, may i-~-~ but not be limited to the
followin~ sources: police or sheriff departments; fire depart-
menns; water and sanitary sewer utilities; electric, gas,
telephone and cable television utilities; city, county or state
highway departments; Carmel-Clay Schools; Hamilton County
Health Department, Surveyor, Drainage Board, and Board of
Commissioners; Hamilton County Soil and Water Conservation
District Office; Indiana Natural Reso~]rces Conumission; Carmel
Board of Public Works; and Buildin~ Commissioner.
24.7.8 Cther Procedural Aoorovats. Should other
orocedures related to the ~eve±opmehl of the planned district,
such as subdivision olatting, soecial use approval, variance
approval, or zoning approval be necessary, the procedures shall
be oursued prior to or simultaneously with the final develop-
ment plan approval procedure. Under no c~rcumstances shall a
final development plan approval be approved while any other
mrocedures relating to the application are pending. It shall
be the responsibility of the applicant to provide verification
to the Commission that all other approvals related to the final
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development plan are complete and in proper
development plan approval.
24.7.9 Other Construction ~lans.
form L~_ior to final
Other specific
construction plans shall be submitted as necessary detailing
information on. but not limited to, streets, lighting, sanitary
sewer system, water system, storm water drainage system, curbs
anG gutters, sidewalks and the related appurtenances. The
required information shall include locations, grades, sizes,
capacities, typical cross-sections and so forth. These plans
shall be drawn by a Registered Land Surveyor or a Professional
Engineer licensed to do business in the State of Indiana in
accordance with State Statutes.
24.7.10 Metes and Bounds Description.
metes and bounds description of the boundary of
is subject to final development plan approval.
the tract which
24.7.11 Covenants. A list of the restrictions, if
any, which will run with the land and become covenan[s affect-
ing the use of the properny within the area subject to final
developmenn plan approval. The approved covenants shall be
recorded with the Recorder of Hamilton County, Indiana.
24.7.12 Construction Timetable. A construction
timetable or schedule shall include the approximate timing of
completion and/or occupancy of the imorovements proposed in
area subject to final development plan approval.
24.7.13 Certification of Dedication. Certification
of dedication of streets, rights-of-way ant other public
properny to the proper authorities, except so much thereof as
are intended to remain private.
24.7.14 Certificate of Commission Approval. Certifi-
cate of approval by the Commission shall De on each and every
sheet of the development plan.
24.7.15 Exterior Elevations, Renderings, Etc.
Exterior elevations, renderings ~epicning the exterior ma-
terials to be used, and a list of exterior materials relating
to all buildings and other structures proposed in the area
subject to final development plan approval, together with
lighting~ landscaping ana signage plans, shall ~e submitted
the Commission in order to better define the intent of the
proposed development in the planned ~istrict. ~he architec-
tural design should reflect a unified design which is in
character and proper relationship with the surrounding area.
Unless required by the Commission, this Section 24.7.15 shall
not apply to detached single family residences.
CO
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24.8 Ownership Control,
The land in a planned district should be under the control
of the applicant at the time of final development plan applica-
tion, although the Commission shalt waive this requirement when
there is a written agreement in-covenant form among the two or
more owners, their assigns, legal representatives, or a~ents,
assurin~ that the current owners and any future owners shall
cooDerate in deve!opin~ the total tract of the planned district
in conformity with the approved final development plan and the
proposed schedule for developin~ the project. This instrument
shall be recorded and shall remain a part of the approved
development plan for the planned district.
24'.9
Provisions for Financial Performance and Maintenance
Guarantees for Planned District's.
As a prerequisite to final development plan approval on
projects subject to new construction, the developer shall azree
to provide financial performance and maintenance ~uarantees for
public facility improvements and installations to be con-
structed in and, as necessary for proper connection and system
coordination, adjoinin~ the planned district. All constrnction
shall be accordin~ to olans submitted as a portion of the final
~evel. opment olan aoolication ~nd acco~nanyin~ da~a, subjec~ no
standards and specificationa cited herein.
2&.9.1 Performance Guarantee. Prior to or at the
time of final deve±opmen~ n£an approval, the develooer shall be
resuired to orovide a financial oerformance znarantee, by
certified check, perf;ormance bond or an irrevocable acceotable
letter of credit issued by a financial institution acceo~ab!e
to the Plan Commission. Bonds, checks and letter are ~o run to:
A. City of Carmel jurisdiction: City of Carmel
B. Hamilton County jurisdiction: Board of Commissioners
of Hamilton County
The financial oerformance ~uarantee shall orow[de for the
completion of all public facility imsrovemenns and installs-
tionn recuired u~der the orovisions of this ordinance, anc
shall be conditioned uson the following:
The comoletion of public facility improvements
and installations ,~ta~n two (2) years from the
approval of the final developmenn plan.
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A oenal sum shall be fixed and approved by the
Commission equal to one hundred percent (100%) of
the total estimated current cost to the city or
county of all oublic facility improvements and
installations p~ovided in the final, development
plan application and accompanying data according
to specifications cited herein.
Each public facility improvement or installation
provided in the final develooment plan applica-
tion or accompanyinz data shall be bonded indi-
vidually, or shall have an individual letter of
credit or certified check to cover the penal sum,
and sball not have the oerformance guarannee
provided in combination with any of the other
public facility imorovements and installations.
The performance bond, certified check, or letter
of credit shall be issued in the name of the
owner, developer, contractor or other resoonsible
party.
24.9.2 Extension of Compl~.on Time and Non P~o~.~
a~ce.
Should the developer not complete the public
facility improvements and installations as herein
reeuired within the stated zwo (2) year period,
the Building Commissioner may approve an exten-
sion of up to two (2) years, granted az six (6)
mont~a intervals, for comoietion of the required
public ~facitity improvements and installations.
e
Should the developer not complete the public
facility improvements and installations as herein
required within the two (2) year period or within
any time extension approved by the Buildinz
Commissioner, the proper authorities may take
necessary steps to proceed with the completion of
the public facility imorovements and installa-
tions, making use of the certified check, letter
of credit, or performance bond.
24.9.3 Release of Performance Guarantee. Upon the
faithful completion o~ the required public facility improve-
ments and installations according to the final development o!an
and accompanyina data and the specifications cited herein, the
developer shall inform the Building Commissioner who shall
confirm that said public facility improvements and installa-
tions have been completed in conformity with this ordinance.
Following said confirmation, tbe developer sball orovide the
Building Commissioner with two (2) sets of "as bu{lt" plans
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sho~in~ the storm water drainaKe and storm sewer systems, water
supply system, sanitary sewer system and monuments and markers
as they were installed. The developer may then request the
release of the performance guarantee posted with'the appropri-
ate authorities. Upon the receipt of a maintenance guarantee,
as specified herein, the appropriate authority shall release
the performance guarantee within sixty (60) days. The perform-
ance guarantee for each individual public facility improvement
or installation may be handled separately and shall in no way
be contingent on the completion of any of the other individual
public facility improvements and installations or their ~er-
formance guarannees.
24.9.4 Maintenance Guarantee. Prior to the release
of the performance guarantee, the developer shall be required
to provide a financial maintenance Kuarantee, by certified
check or an irrevocable acceptable letter of c~edi[ issued by a
financial institution acceptable to the Plan Commission oayable
to the appropriate authority, or by maintenance bond runninz to
the appropriate authority, that all oublic facility improve-
men~s and installations recuired under the provisions of this
ordinance sh~ll be maintained accordinz to specifications cited
herein. Said financial maintenance ~uarantee shall be ccndi-
tioned uoon the followinz:
The maintenance zuaran~ee sh.all run and be in
force for a period of three (3) years zro.~ the
aa~e of release of the performance guarar~ee.
A oenal sum shall be fixed and approved bv the
Commfssion but in no case shall the oenal scm be
less th%n fifteen oercen~ (15%) of the tonal
Derformance ~uaran[ee for streets and ten per
cent (10%) of the performance guarantee for all
other public facility imorovements and installa-
tions. The minimum maintenance guarantee =o be
posted for streets shall be no less than Five
Thousand Dollars ($5,000.00).
Be
Each public facility improvement or insta!la~ion
shall be bonded individually, or shall have an
individual certified check or letCer of credit
cover the oenal sum, and shall not have the
maintenance zuarantee provided in combination
with any of the other public facility imorove-
ments and installations.
24.9.5 Release of Maintenance Guarantee. Ail mainte-
nance bonds, certified checks or letters o~ credit shall expire
at the end of the three (3) year oeriod for whic~ they were
established. Within sixty (60) days of the exoirat~on date,
tbe appropriate authority shall return said expired maintenance
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bonds, certified checks or letters of credit to t~ developer.
In the case where a certified chsck or l~etter of credit has
been posted as a maintenance ~uarantee, the developer shall, at
the end of the three (3) year maintenance period~ contact the
appropriate authority in order to obtain the release of the
maintenance guarantee. The appropriate authority shall return
said maintenance zuarancee to the developer within sixty (60)
days. The maintenance zuaran~ee for each individual public
facility imorovement or installation may be handled seoarately
and shall in no way be contingen~ on the comoletion of any of
the other individual public facility improvements and installa-
tions or their maintenance guarantee.
24o10 Project Comoletlon.
Each phase of a planned development shall be completed
according to the proposed schedule established by the final
construction and development time table. Ail construction
shall be in substantial accordance with the final development
plan and accompanying documents and materials anoroved by the
Commission. An extension of the develooer's schedule of un to
one (1) year may be granted by the Buildinz Commissioner.
Further extensions in the construction and devetoomen[ time
table shall be granted by the Commission upon a demonstration
of good cause by the developer,
2~.11 Modification of the Final Develooment Plan.
After a final develooment plan has been approved bv the
Commission and when, in the course of carrying out such plan,
substantial changes, adjustments or rearranzements of build-
ings, parkin~ areas, entrances, lighting, utility provisions~
storm water drainage, open spaces, landscaping, general use
layout and so forth are reouested by the developer, he may file
a chan~e in the final developmenn Dian with the Buildine
Commissioner. Accompanying the application form and the fee as
indicated in Section 29.6 of the Zoning Ordinance shall be a!!
necessary plans, documents and materials in order to demon-
strate the effect of the proposed change in the final develop-
mean plan. The app!icat~on for such chan~e sha.ll be placed on
the Commission's azenda according to Commission rules of
procedure. The Commission shall, within sixty ~60) days,
review the application and related materials and shall approve
or deny the proposed substantial chanee in the developmenn
plan. All changes shall be reviewed for reasonable conformity
with the standards established by the final development plan
and with the existing development within the planned district
and the surroundinz area. If approved, the Buildinz Commis-
sioner may issue improvement location permits for the approved
change plus any applicable sections of the orizinal final
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develop.~ent plan. If the chan~e is deniad,
devetopmen~ olan shall still be in force, if
herein have been mec,
the o~iginal fiasl
all conditions
AlL other procedural approvals must be completed and
approved before a chan~e in a final development plan can be
approved by the Con~ission. Where the chan~e in the final
development olan alters i[ems that have been plauted, such as
sureets, lots or ea o ~
s~men~s, the developer shall be required ~o
file vaca[ion of ~he orizinal pla[ and to reolat the tracn of
ground involved if otherwfse required by law no do so.
All chanses in the final development Dian approved by the
Commission shall ~-~eoor~e~ wi~h ~e ~eoo~er~.OT ~ilton County,Indiana
a~T/l~d~ith~e ~il~ing~-~ Commis$i~n~.within sixty (60) days following approval.
/z~4.12 Definitions
As usmd here~n, "Dbase" means any land area, whether
platted or unDlatted, buildin~ or buildings gesiznaced by the
applicant in the final developmen~ plan application and
"public facility imorovements and ' ~ '
· lns~llations" mean~ thDse
facilities and installanions which are intended [o be accented
for maintenance by a governmental authority or public u~ility.
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