HomeMy WebLinkAboutPacket 2-7-06
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CARMEL/CLA Y PLAN COMMISSION
SPECIAL STUDIES COMMITTEE
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05080023 ADLS AMEND
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ADLS AMENDMENT
FOR
PARKWOOD CROSSING - BUILDING 2
310 E. 96TH Street
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BFS Diversified Products, LLC
(Firestone)
February 7, 2006
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Steven B. Granner, AICP
Zoning Consultant
Bose McKinney & Evans LLP
600 East 96th Street, Suite 500
Indianapolis, IN 46240
(317) 684-5300
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Description of Request
Variance Letter of Grant
and
ADLS Petition
Base Map
Parkwood Map
and
Site Plan
Sign Plan
and Specifications
Nora Northside Community
Council Letter
Parkwood Crossing
Commitments
Sign Review
Standards
~ AVIEIRV'
READY INDEX' INDEXING SYSTEM
600014
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DESCRIPTION OF REQUEST
BFS Diversified Products, LLC is a subsidiary of Bridgestone Corporation's American
operations. The company's operations include building and roofing products, air springs (for
trucks, trailers, and industrial applications), natural and synthetic rubber products, and fibers
and textiles.
BFS Diversified Products, LLC moved its world headquarters to Carmel from Nashville,
Tennessee. BSF is in the process of consolidating the headquarters of its six divisions to its
Parkwood Crossing location (see the enclosed news release regarding the relocation of the
Firestone Building Products Company Division to this location last February). It currently
leases the entire Two Parkwood building and is currently negotiating for additional space in
Parkwood Crossing.
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The Two Parkwood office building has never had a wall sign identifying a tenant. Thus, this
request will be the first wall sign placed on this building. The request, as shown in this
packet, is for a red, individual-letter sign to be located on the east fa9ade of the building. The
proposed sign, with the color red, is a trademark for Firestone. A "Firestone" sign is
proposed because all six (6) divisions of the company use the Firestone trademark in their
division name. This sign will be the second sign in Parkwood Crossing to use the color red,
the first sign which used the color red being the Verizon sign which is located on the west
fa9ade of One Parkwood. The red "Z" in the Verizon sign is also a trademark for Verizon.
On September 26, 2005 (see Tab #2) the Carmel Board of Zoning Appeals Hearing Officer
approved a variance to allow the proposed sign to be located on the east fa9ade of Two
Parkwood, rather than on the south fa9ade facing 96th Street, which is the fa9ade on which the
Sign Ordinance would normally require it to be placed.
The Petitioner also had several meetings with the Nora-Northside Community Council and its
Land Use Committee and on January 5, 2006 its Board of Directors voted to take a position
of NO OBJECTION (see Tab #6). Although their letter does not mention it, the petitioner
agreed to put the proposed sign on a timer so that the sign will not be illuminated between the
hours of 11:00 p.m. and 6:00 a.m. local time each day.
In summary, the documents in this packet confirm that the proposed sign is in compliance
with the development requirements of the Zoning Ordinance, as varied by variance Docket
No. 05080029.
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NEWS FROM FIRESTONE
February 28, 2005
For Immediate Release
Firestone HQ Relocation
Under One Roof: Firestone Moves to New Headquarters
INDIANAPOLIS, Ind. - Firestone Building Products Company recently completed
the relocation to its new headquarters in Indianapolis, Ind. The move places Firestone
under one roof with five other divisions of BFS Diversified Products, LLC, a subsidiary
of Bridgestone Americas Holding, Inc.
"Moving to new premises represents our continued growth in the commercial
roofing industry, and allows us to gain much-needed additional space," said Michael
Gorey, president of Firestone Building Products and CEO ofBFS Diversified Products.
Firestone's new location is just three miles south of Carmel, Ind., the site of the
company's previous headquarters. The new office is located at 310 East 96th Street,
Indianapolis, IN 46240. All phone numbers remain the same; however, '5' has been
added to existing extensions. For example, phone extension '7178' is now' 57178. '
The company's fax number, email and Web site address have stayed the same.
- more -
310 East 96th Street
Indianapolis, IN 46240
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Firestone HQ Relocation (page 2 of 2)
In addition to Firestone Building Products, other divisions ofBFS Diversified Products now
located in the new facility include Firestone Industrial Products, Firestone Fibers & Textiles,
Firestone Natural Rubber & Latex, Firestone Polymers and Bridgestone!Firestone Vehicle Systems.
''Being located in one building allows us to combine synergies and tap into the strengths of
multiple divisions, several of which have long histories rooted in rubber polymer technology,"
Gorey added.
Firestone Building Products Company is a leading manufacturer of single-ply, thermoplastic
and asphalt-based roofing systems, polyiso insulation and accessories for the commercial roofing
industry. Visit Firestone's Web site at www.firestonebpco.com
# # #
The new headquarters of Firestone Building Products Company in Indianapolis, Ind.
# # #
(Editor: For more information, please contact Christine Reppert, Firestone Building Products, at 1-800-4284442, ext. 57178;
or Amy Bluhm, Gibbs & Soell Public Relations, at 847-519-9150, ext. 114.)
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U. S. TRADEMARK LAW
Page I of 1
~39 (15 U.S.C. ~1121). Jurisdiction of Federal courts; State, local, and other agency requirements
(a) The district and territorial courts of the United States shall have original jurisdiction, the courts of
appeal of the United States (other than the United States Court of Appeals for the Federal Circuit) and
the United States Court of Appeals for the District of Columbia shall have appellate jurisdiction, of all
actions arising under this Act, without regard to the amount in controversy or to diversity or lack of
diversity of the citizenship of the parties.
(b) No State or other jurisdiction of the United States or any political subdivision or any agency thereof
may require alteration of a registered mark, or require that additional trademarks, service marks, trade
names, or corporate names that may be associated with or incorporated into the registered mark be
displayed in the mark in a manner differing from the display of such additional trademarks, service
marks, trade names, or corporate names contemplated by the registered mark as exhibited in the
certificate of registration issued by the United States Patent and Trademark Office.
(Amended Apr. 2, 1982, 96 Stat. 46; Nov. 16, 1988, 102 Stat. 3946; Oct. 30, 1998, 112 Stat. 3069.)
http://www.uspto.gov/web/offices/tac/tmlaw2.html
9/26/2005
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CITY OF
CARMEL
DEPARTMENT OF COMMUNITY SERVICES
Division of Planning & Zoning
LET T E R of G RAN T
September 28, 2005
Steve Granner
Bose McKinney & Evans LLP
600 E. 96th Street, Suite 500
Indianapolis IN 46240
Re: Parkwood Crossing. Bldg 2 - Firestone - 05080029 V
Dear Mr. Granner:
At the meeting held Monday, September 26,2005, Cannel Advisory Board of Zoning Appeals Hearing Officer took the
following action regarding the Developmental Standards Variance (V) filed by you for the property located at 310 E. 96th
Street, Indianapolis, IN.
APPROVED: Docket Nos. 05080029 V: Development Standards Variance for sign oriented east.
Please be advised that per Section 30.05.05: Time Limit of the Zoning Ordinance, the aforementioned Development
Standards Variance approval is valid for one (1) year. By that time, either continuous construction of the
improvements must be underway, or a written request for a one-time, six-month extension of the approval must have
been received and approval granted by this Department. The expiration date of the approval is September 26,2006.
Please be advised that per Section 25.07.07: Sign Permits of the Zoning Ordinance, the signs approved pursuant to
the aforementioned Development Standards Variances must be established within one (1) year. The expiration date
of the approvals is September 26,2006.
When applying for applications for permits regarding the improvements contained within this approval,
please include a copy ofthis letter with your application materials in order to assist the Department's review.
In can be of any further assistance, please do not hesitate to contact me at 317/571-2417.
Sincerely,
~~
Angelina Conn
Planning & Zoning Administrator
Department of Community Services
cc: Sarah Lillard, Building & Code
David Littlejohn, Sign Permits
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317-571-2417
Application for Architectural Desien'l Liehtinl! and Sienaae "--.
..... *
RECE/VfD
AUG 1 2 2005
DOCS
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DOCKET NO.
Date
ADLS
AMENDMENT
Jees: Sign only $257.50, plus $51.?0/sign
~"' Building/Site $515.00, plus $51.50/aclie
Name 60TwO Parkwood
Address: 310 East 96th Street
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Type of Project: Office Park - Parkwood Crossing
Applicant:
BFS Diversified Products. LLC
Phone No. (317) 575-7146
Contact Person: Steven B. Granner
Fax No. (317) 223-0304
Phone No. (317) 684-5304
Bose McKinney & Evans LLP
Address: 600 East 96th Street. Suite 500. Indianapolis. IN 46240
Legal Description: To be typewritten on a separate sheet
4.959
Zoning
B-6/U.S. 31 Overlay
Area (in acres)
Owner of Real Estate:
Duke Realty Limited Partnership
Carmel:
x
Clay Township:
Annexation: Y or N
Other Approvals Needed: Variance of Development Standards
ParkinS!
No. of Spaces Provided:
N/A
No. Spaces Required:
N/A
Deshm Information
Type of Building:
N/A
No. of Buildings:
N/A
Square Footage:
NI A Height:
NI A No. of Stories NI A
Exterior Materials:
NI A Colors:
N/A
Maximum No. of Tenants: Nt A Types of Uses: NI A
Water by:
N/A
Sewer by: NI A
69666_\.DOC
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LIGHTING
Type of Fixture:
N/A
Height of Fixture:
N/A
No. of Fixtures: N/A Additional Lighting: N/A
* Plans to be submitted showing Footcandle spreads at property lines per the ordinance.
.
SIGNAGE
No. of Signs:
Type of Signs: Wall
1
Location(s): East fayade of the building:
Dimensions of each sign:
48" by 26' 5"
Square Footage of each sign: 105.7 SQ. ft.
Total Height of each sign: Letter heights range from 29.5" to 48"
LANDSCAPING
* Plans to be submitted showing plant types, sizes, and locations
*************************************************************************
I the undersigned, to the best of my knowledge and belief, submit the above
::::O:f as 1e an::rrec;o)
Applicant: ~~ [J-z,CV1-- ~ Title: Zoning: Consultant
/
Steven B. Granner Date: August 9. 2005
(print)
*************************************************************************
State of Indiana,
SS:
County of Hamilton
Before me the undersigned, a Notary Public for
personally appeared Steven B. Granner
foregoing instrument this 9th day of
My commission Expires: 03-20-09
Marion County, State of Indiana,
and acknowledged the execution of the
August , 2005.
~/~
Diane Beagle '
Notary Public
2
69666_I.DOC
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Parkwood Crossing Site Plan
EXISTING
One Parkwood
Two Parkwood
Three Parkwood
Fou r Parkwood
Five Parkwood
Six Parkwood
Seven Parkwood
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Conference Center
On-site Dining
Auto Spa
Workout Facility
5-Stories
4-Stories
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3-Stories
'i.i Carmel
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93,300 SF
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Zionsville, IN 460n
EMAIL: sbd@asignbydesign.com
PHONE: 317-876-7900
FAX: 317-802-5670
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1. TO FABRICATE AND INSTALL 1) SET OF
ILLUMINATED CHANNEL LETTERS
2. SIZES AND STYLES AS SHOWN
3. FACES TO BE RED ACRYLIC 2283
4. RETURNST TO BE DURANODIC BRONZE
S. TRIM CAPS TO BE DURANODIC BRONZE
6. TO BE LIT USING RED NEON
7. WE WILL CONNECT TO ELECTRICAL IF IT
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THIS DRAWING IS THE SOLE PROPERTY OF A SIGN BY DESIGN, INC. AND IS NOT TO BE REPRODUCED OR RE.DISTRIBUTED BY OR TO A THIRD PARTY
A SIGN BY DESIGN IS NOT RESPONSIBLE FOR RUNNING ANY MAIN POWER LINES TO INSTALLED SIGNAGE,
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Recognized component
plastic face
Tube support
Neon tube
Spacings majntained
per spacing table
Lett.er
Height
Varies
Greenfield
connector/
Conduit locknut
Electrode
insulating
boot and GTO
insulating
sleeve provided
with sign
Spacings maintained per spacing table
,.f :,:
../- Listed sign section (cosists of transformer
and endosure) for indoor only.
Accessible. NEC 600-7, 600-8, 600-9,
600-2 J & 600-23
Grounded enclosure
Sheet metal screws fastened
thru letters return and into
aluminum angJe dips which
are rivited to plastic face
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SignJ.!L
JDesign
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Fasteners as required by local jurisdiction
Wall varies
in thickness
and material
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Bonding jumpers (minimum No. 14 copper) required i(:(1) flexible metal conduit
in ground return path exceeds 6 ft. (NEC 350-14 Exc).
(1) conduit is nonmetallic, and/or (3) electrode receptacle uses gaskets
that will impair ground return path or direct metal-ta-metal contact.
NEe JJ 0-14(0), 2S0-43(g), 25,0-79m, 250-97, 250-113 7600-1
CHANNEL LETTER
CROSS SECTION
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01/22/2005 09:14
3178450105
GEO HAERLE
PAGE 01
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January 22,2006
Special Studies Committee
Cannel/Clay Plan Commission
Department of Community Services
One Civic square
Carmel, IN 46032
Attn: Ramona Hancock
Via FAX - 571-2426
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Re:OS08002 ADLS Amend
BFS Div mified Products, LLC
310 East 9()lb Street
Hearing : 2-7-06
Ladies and Gentlemen:
The Board of Directors of the Nora Northside Community Coundil, Inc. at its regularly scheduled
public monthly meeting on January 5, 2006 voted to take a poSititn of NO OBJECTION on the
above case.
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Thank. You.
..I#~
,A;ven B. Granner, AICP
FAX 223-0304
The Nora.North"jde Community Councd. Inc. la a not.'o....ptoflt ~orpc>ralion Ihll.. $tllt. of '"dl.&lla...... ~t;uc ..."'" under Section S01(c)(31 of th. IRS eoo..
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PARKWOOD CROSSING COMMITMENTS
This Tab contains the six (6) various sets of commitments and covenants that have been
recorded in conjunction with various zoning approvals for Parkwood Crossing since its
inception. None of these commitments or covenants contain any restriction with respect to
the structural materials, color or lighting of signs for Parkwood Crossing.
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8910299
2555d
COMMITMENTS CONCERNING THE DEVELOPMENT
---. --.-----.-
AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-613, Duke
Associates No. 62 Limit~d Pdltnership (hereafter the "Owner"),
the owner of the following des.'ribed Real Estate located in
Hamilton County, Indiana (hereafter the "Real Estate"), makes
the following COMMITMENTS cct1cerning the use and development of
the Real Estate to the Carwe; Plan Commission (hereafter
"Commission") .
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a. Owner commits that the Real Estat~. s~.ll~e
developed with uses consistent with the Conceptual Site
Development Plan attached as Exhibit B, subject to such
amendments and modifications thereto as are recommended
by the Carmel Plan Commission or the Carmel City Council
and accepted by the Owner.
1.
Description of Real Estate:
See Exhibit A ("Real Estate")
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2.
Docket No. - 31-88Z
3.
Statement of Commitments:
b. Owner commits that the 96th Street
Landscape and Screening Plan attached hereto as
Exhibit C, and such modifications thereto as are approved
by the Carmel Plan Commission, shall be installed by the
Owner on the Real Estate prior to the issuance of a
Certificate of Occupancy by the City of Carmel, Indiana
for the first building to be constructed on the Real
Estate. Such Landscape and Screening Plan shall include
a six (6) foot earthen berm (measured from the roadway
lying immediately south of the berm) which will be
irrigated and landscaped with a double stagge(ed row of
confiers six to eight (6-8) feet tall at the time of
planting, in addition to other landscaping consisting of
trees, shrubs and flowers.
c. Owner commits that any surface parking area
shall be a minimum of 60 feet from the now existing
right-of-way of 96th Street.
'Ns Instrument Recorded 6" d =3 ,.
Stlaron K. Cherry, Hecor~er. Hamilton County,lN
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d. Owner commits that no office or parking
structure shall be constructed within 280 feet of the now
existing right-of-way of 96th Street and that any office
building constructed within 280 to 460 feet of the now
existing right-of-way of 96th Street shall be no higher
than five (5) stories.
e. Owner commits to architecturally treat the
south facade of any parking garage that has unrestricted
sight lines to the neighborhood to the south (the second
parking garage from the east on the Conceptual Master
Plan) such that the appearance of the parking garage as
viewed from the homes in the College Crest Addition on
the south side of 96th Street will be aesthetically
improved from that of the "standard" parking garage
facade.
f. Owner commits that all exterior parking and
street area lighting fixtures shall be of the "shoe box"
variety which directs the light downward and that they
shall be limited to a maximum of 40 feet in height.
g. Owner commits that the main interior street
in Phase I which begins at Pennsylvania Street and
proceeds along the perimeter of Phase I shall be of heavy
duty construction to accommodate construction traffic.
h. Owner commits that no retail uses, except
those commonly accessory to and located within the hotel,
shall be permitted.
1. Owner commits to preserve sufficient land
to provide for the development of a full cloverleaf
interchange at Meridian Street and 1-465.
j. Owner commits that the second 96th Street
entrance shall be located between Washington Boulevard
and Central Avenue and shall not align directly with
Central Avenue. Owner shall design the parking and
traffic flow within the development to de-emphasize or
discourage traffic from exiting by this second 96th
Street entrance.
k. Owner commits to limit the size of the
development to 750,000 square feet of leaseable area,
plus the 300 room businessman's hotel, until such time as
T~ Instrument Recorded ~ O? 3 1989
Sharon K. Cherry, Recorder, Hamilton County, IN
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improvements are made to the 1-465 and Meridian Street
intersection, after which time the development limit will
increase to 950,000 square feet of leaseable area, plus
the 300 room businessman's hotel. For purposes of this
paragraph k "improvements" shall mean improvements to the
intersection of 465 and Meridian Street so that there are
two lanes of traffic flowing unobstructed on Meridian
Street, both in a northerly direction and a southerly
direction.
1. No parking structure shall exceed
twenty-three (23) feet in height from ground level.
4. Binding on Successors and Assigns: These
Commitments are binding on the Owner of the Real Estate, each
subsequent owner of the Real Estate and each other person
acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These CommitmentsmdY be
modified or terminated only by a decision of the Commission
made at a public hearing after notice as provided by the rules
of the Commission.
5. Effective Date: The Commitments contained herein
shall be effective upon the adoption of an ordinance by the
Carmel City Council changing the zoning classification of the
Real Estate described on Exhibit A from the S-2 Residence
---.----...--.
District to the B-6 Business District.
6. Recording: The undersigned hereby authorizes the
Director of Community Development, or the Secretary of the
Carmel Plan Commission, to record these commitments in the
office of the Recorder of Hamilton County, Indiana upon
adoption of the ordinance referred to in paragraph 5 above.
7. Enforcement: These commitments may be enforced by
the Carmel Plan Commission.
IN WITNESS WHEREOF, Owner has executed this instrument
this ~ day of ~~, 1989.
By
NO. 62 LIMITED
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STATE OF INDIANA
)
) ss:
)
COUNTY OF MARION
The undersigned, a Notary Public in and for said County
and State, acknowledged the execution of the foregoing
commitments by Darell E. Zink, Jr., the Assistant General
Manager of Duke Associates No. 62 Limited Partnership.
tAIlBIUIA A EGGUSTOI
IOt~~ PUBliC STATE OF rNOtAl.
!\ARlO' COUNTY
IrtollMISS 10. EXf>. IaAR .24 .l8111
~,' 1989.
~A?_(b~
Notary Public \SF
WITNESSETH this ~~ day of
(Printed Signature)
My ~ommission Expires:
County of Residence:
This Instrument was prepared by Philip A. Nicely, Attorney at
Law, Bose McKinney & Evans, 8888 Keystone Crossing, Suite 1201,
Indianapolis, IN 46240.
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96th STREET
DUKE ASSOCIA TES
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DEVELOPMENT SUMMARY
PARCEL
HOTEL
OffiCE 1
2
3
. .
,BUILDING HEIGHT SFI BUILDING
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PARCEL
LAND ACCOUNT
SURFI\CE PARKING!
5URF"'CE PARI<ING I
SURFACE PARI';lNG I'
SURFACE PARKING
SURFACE PARI<lNGI
~YR~tf.e,.:;,r':~NG I ."
SUflfACE PARKING 330
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TOTAL PARKING 3145
l:!O,OOO GSF
STREETS
100,000 GSF
BUILDING & PARKING DECK
SURFACE PARKING & DRIVES
COLl'lTY ARDS & PLAZAS
GREEN SPACE
WA.TER
120,000 OSF
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:110
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TOTAL GSF
TOTAL SIT~ ACREAGE
!lSD.OOO GSF
INTERST ATE-46S
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1"751
POND 101
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CONCEPTUAL MASTERPLAN
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MERIDIAN AT THE CROSSING
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HAMILTON COUNTY. INDIANA
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"01 COOPER CARRY & ASSOCIATES INC. ARCHITECTS 0
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SIGHTLINE SECTION (ENLARGED)
RESIDENTIAL NEIGHBORHOOD
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DUKE ASSOCIATES
SITE SECTION
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MERIDIAN AT THE CROSSING
HAloW. TON COUtTY. IDAHA
T, rns Instrument fUfcorded 6 Cj(:::7
SharOlll<' c~ '-'" Ux;<\
'~"'"''.''' ',\, "lf~rp{. Recorder H', - 'l:OOtI
~J , ,." '- amf ton County. IN
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8910300
2554d
REAL ESTATE COVENANTS
TO: Carmel Plan Commission, City of Carmel, Indiana
RE: Docket No. 3l-88Z (Rezone Application of Duke Associates)
Legal Description: See Exhibit A attached hereto and made a
part hereof.
The undersigned (hereafter "Owner"), as part of the
Application for Rezone of the real estate described on
Exhibit A attached hereto (hereafter the "Real Estate") does
hereby unilaterally and voluntarily covenant with the Carmel
Plan Commission and the City of Carmel, Indiana as follows:
COVENANTS ATTENDANT TO PETITION FOR REZONE
1. Applicability of Certain u.S. 31 (Meridian Co~ridor)
Overlay Zone Requirements:
A. The Owner covenants that notwithstanding the
permitted uses and special uses provided for in the
zoning district applicable to the Real Estate, the uses
defined as "Excluded Uses" under S~ction 23.01-7 of the
Zoning Ordinance of the City of Carmel, Indiana (as
amended April 21, 1980), except radio/television
transmission tower, shall be prohibited on the Real
Estate in the same manner as if the Real Estate were
actually located within the U.S. 31 Highway Overlay Zone.
B. The Owner covenants that development of the Real
Estate shall be subject to Carmel Plan Commission review
and approval of the final site development plans,
including architectural design, landscaping, parking,
signage, lighting and access to the property as provided
in Section 23.01 (United States Highway 31 Overlay Zone)
of The Zoning Ordinance of the City of Carmel, Indian~
(as amended April 21, 1980). :::r: ~ !:
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C. The Owner covenants that the roadway ,-,' 'J
improvements set forth on Exhibit B, attached h~~~tr a~
made a part hereof, shall, subject to the appro~ar~gf tge
appropriate governmental agencies or bodies and ~i~~c~
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~i-s Instrument Recorded 0' 2lJ 1989
Stiaron K. Cherry, Recorder, Hamilton County, IN
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to the availability of right-of-way, be installed in
accordance with the time table designated in Exhibit B.
D. The Owner covenants that sidewalks will be
constructed on the south side of East 96th Street from
Pennsylvania street on the West to College Avenue on the
East subject to the prior approval of the appropriate
governmental agencies or bodies and the availability of
adequate public right-of-way, prior to the issuance of a
Certificate of Occupancy for the first building to be
constructed on the Real Estate.
2. Binding on Hei rs, Successor:E.._ an_d._A.S~.J.~: The
covenants contained herein are binding on the Owner of the Real
Estate, each subsequent owner of the Real Estate and each other
person acquiring an interest in the Real Estate, unless
modified or terminated by the Commission. These Covenants may
be modified or terminated only by a decision of the Commission
made at a public hearing after notice as provided by the rules
of the Commission.
3. Effective Date: The covenants contained herein
shall be effective upon the adoption of an ordinance by the
Carmel City Council changing the zoning classification of the
Real Estate described on Exhibit A from the S-2 Residence
District to the 8-6 Business District.
4. Recordi~: The undersigned hereby authorizes the
Director of Community Development, or the Secretary of the
Carmel Plan Commission, to record these Real Estate Covenants
in the Office of the Recorder of Hamilton County, Indiana upon
adoption of the ordinance referred to in paragraph 3 above.
5. Enforcement: These Real Estate Covenants may be
enforced, jointly and severally, by the Carmel Plan Commission
and the City of Carmel.
IN WITNESS WHEREOF, Owner has executed this instrument
this ~ day of ~~ /, 1989.
.~
DUKE ASSOCIATES NO. 62 LIMITED
PARTNER
By
yq 10300
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STATE OF INDIANA
)
) SS:
)
COUNTY OF MARION
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The undersigned, a Notary Public in and for said County
and State, acknowledged the execution of the foregoing by
Darell E. Zink, Jr., the Assistant General Manager of Duke
Associates No. 62 Limited Partnership.
WITNESSETH this tL'J- day of ~, 1989.
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(Printed Signature)
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..mY pudi,.JG: $TATE Of IIlOlAIA
llMIOII COUItlY
lY COlllllTSSIOU E~. ItJl,R .24,1991
~~~JJ~:_~
Notary Public
My Commission Expires:
County of Residence:
This Instrument was prepared by Philip A. Nicely, Attorney at
Law, Bose McKinney & Evans, 8888 Keystone Crossing, Suite 1201,
Indianapolis, IN 46240.
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2556d
EXHIBIT B
PROPOSED IMPROVEMENTS TO THE PUBLIC ROAD SYSTEM
BY DUKE ASSOCIATES
CONCURRENT WITH THE DEVELOPMENT OF THE REAL ESTATE
Prior to the issuance of a Certificate of Occupancy for
the first building to be constructed on the Real Estate, the
Owner shall, subject to the approval of the appropriate
governmental agencies or bodies and the availability of
adequate public right-of-way, construct the following roadway
improvements:
(1) Widen all four approaches of the intersection of
College Avenue and 96th Street to provide for
opposing left turn lanes on each approach~
(2) Construct a third lane on 96th Street from
Pennsylvania Street to College Avenue to be used as
a left turn lane for both east and westbound traffic~
(3) Construct a third lane on College Avenue from the
driveway to approximately the north property line of
the development to be used as a left turn lane for
both north and southbound traffic~ and
(4) Widen the east leg of 96th Street from Meridian
Street to Pennsylvania Street, to include five (5)
approach lanes with the geometries of each lane
being subject to the approval of the appropriate
governmental agencies or bodies.
Prior to the occupancy of more than 430,000 square feet
of office space on the Real Estate, the Owner shall, subject to
the approval of the appropriate governmental agencies or bodies
and the availability of adequate public right-of-way, begin
construction of the following roadway improvement:
(1) Construct an additional lane and revise the
operation of the traffic signal at Meridian Street
and 96th Street to provide for two southbound left
turn lanes.
If traffic volumes reach a point where a traffic signal at
either of the 96th Street driveways is determined by the
appropriate governmental agencies or bodies to be warranted,
the Owner agrees to:
~910300
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(1) Install a traffic signal at the driveways as
appropriate.
In addition, if other development to the north or south of this
Real Estate causes traffic volumes to increase to the point
that a traffic signal at the intersection of 96th Street and
College Avenue is determined by the appropriate governmental
agencies or bodies to be warranted, the Owner agrees to:
(1) Pay one-half of the cost for the installation of a
traffic control signal at the intersection of 96th
Street and College Avenue.
u
Thls Instrument fl~ordedJ qI~ _1~
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9809817780
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 04-07-1998 At 03:31 pm.
RELEASE 16.00
STATEMENT OF MODIFICATION OR TERMINATION
OF COMMITMENTS
Instru.ent
9809817780
COMMITMENTS MODIFYING OR TERMINATING EXISTING
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF
REAL ESTATE MADE IN CONNECTION WITH
REZONING OF PROPERTY
In connection with I.C. 36-7-4-613, the owner of the real estate located in Hamilton County,
Indiana, which is described below, makes the following modification(s) or termination(s) of
commitments concerning the use and development of that parcel of real estate:
Legal Description:
(See attached Exhibit A)
Statement of Modification or Termination of Commitments:
1. Commitment Number 3(1) made in connection with rezoning petition docket number
31-88Z and recorded as Instrument No. 8910299 in the Office of the Recorder of Hamilton
County, Indiana, is hereby modified to read in its entirety as follows:
"I. No parking structure shall exceed grade plus two levels in height
(maximum of 26 feet excluding light standards and stairtowers);
except, however, phase two of the parking garage to be located
between Building IV and Building V may be grade plus three levels in
height (maximum of 37 feet excluding light standards and
stairtowers)."
2. The commitments made in connection with rezoning petition docket number 31-88Z
and recorded as Instrument No.8910299 in the Office of the Recorder of Hamilton County,
Indiana, are hereby modified by adding a new Commitment Number 3(m) which shall read
in its entirety as follows:
Urn. If the required (by the applicable governmental authority) site distance
cannot be met after any future widening of College Avenue under 1-
465, the second (north) access to College Avenue shall be closed."
These COMMITMENTS shall be binding on the owner, subsequent owners of the real
estate or other persons acquiring an interest therein. These COMMITMENTS may be
modified or terminated by a decision of the Carmel/Clay Plan Commission made at a public
hearing after proper notice has been given.
MHODMA.N01 ;21041;4/mas
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The COMMITMENTS contained in this instrument shall be effective upon the adoption of
modification or termination approved by the Carmel/Clay Plan Commission in petition
docket number 11-98Z.
These COMMITMENTS may be enforced by the Carmel/Clay Plan Commission.
The undersigned hereby authorizes the Department of Community Services to record this
Commitment in the Office of the Recorder of Hamilton County, Indiana, upon final approval
of modification and/or termination of Commitment(s) of petition number 11-98Z by the
Carmel/Clay Plan Commission.
IN WITNESS WHEREOF, Owner has executed this instrument this 10th day of
March, 1998.
DUKE REALTY LIMITED PARTNERSHIP, an Indiana
limited partnership
By:
By:
MHODMA.N01 ;21041 ;21mas
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STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared Darell
E. Zink, Jr., owner(s) of the real estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations contained
therein are true.
WITNESS my hand and Nota~~1 Seal thiS,lrCh. 1998.
Steven B. Granner, Notary Public
My Commission Expires 10-14-2000
My County of Residence Marion
This instrument prepared by Philip A. Nicely, Attorney at Law, Bose McKinney & Evans, 8888 Keystone Crossing, Suite
1500, Indianapolis, Indiana, 46240.
This modification and/or Termination Agreement was approved by the Carmel/Clay Plan
Commission on the 17th day of March, 1998.
~
Stephen C. Engelking, Director
Department of Community Services
amona Hancock
ecretary, Carmel/Clay Plan Commission
MHODMAN01 ;21041 ;4/mas
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Instrument
9909927094
~(Q)L0)f
STATEMENT OF MODIFICATION OR TERMINATION
OF COMMITMENTS
COMMITMENTS MODIFYING OR TERMINATING EXISTING
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF
REAL ESTATE MADE IN CONNECTION WITH
REZONING OF PROPERTY
In connection with I.C. 36-7-4-613, theownerofthe real estate located in Hamilton County,
Indiana, which is described below, makes the following modification(s) or termination(s) of
commitments concerning the use and development of that parcel of real estate:
Legal Description:
(See attached Exhibit A)
Statement of Modification or Termination of Commitments:
1. Commitment Number 3(k) made in connection with rezoning petition docket number
31-882 and recorded as Instrument No. 8910299 in the Office ofthe Recorder of Hamilton
County, Indiana, is hereby modified to read in its entirety as follows:
"k. Owner commits to limit the size of the development to 950,000 square
feet of leaseable area, plus a 300-room businessman's hotel, or, if an
office building is constructed in place of the hotel, to limit the size of
the development to 1,050,000 square feet of leaseable area."
These COMMITMENTS shall be binding on the owner, subsequent owners of the real
estate or other persons acquiring an interest therein. These COMMITMENTS may be
modified orterminated by a decision ofthe Carmel/Clay Plan Commission made at a public
hearing after proper notice has been given.
\ The COMMITMENTS contained in this instrument shall be effective upon the adoption of
modification or termination approved by the Carmel/Clay Plan Commission in petition
docket number 77-982.
These COMMITMENTS may be enforced by the Carmel/Clay Plan Commission.
The undersigned hereby authorizes the Department of Community Services to record this
Commitment in the Office ofthe Recorder of Hamilton County, Indiana, upon final approval
of modification and/or termination of Commitment(s) of petition number 77-982 by the
Carmel/Clay Plan Commission.
::ODMA\MHODMA\N01 ;21 041;6
9909927094
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 05-05-1999 At 03:28:52 pm.
RELEASE 16.00
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IN WITNESS WHEREOF, Owner has executed this instrument this 29th day of
September, 1998.
DUKE REALTY LIMITED PARTNERSHIP, an Indiana
limited partnership
By:
By:
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared Darell
E. Zink, Jr., owner(s) of the real estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations contained
therein are true.
WITNESS my hand and Notarial eal this 29th day of September, 1998.
I
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teven B. Granner, Notary Public
My Commission Expires 10-14-2000
My County of Residence Marion
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~-
This instrument prepared by Philip A. Nicely, Attorney at Law, Bose McKinney & Evans, 8888 Keystone Crossing,
Suite 1500, Indianapolis, Indiana, 46240.
::ODMA\MHODMA\N01 ;21 041;6
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This modification and/or Termination Agreement was approved by the Carmel/Clay Plan
Commission on the 17th day of November, 1998.
WITNESS:
1~ YvlrrL
Ramona Hancock
Secretary, Carmel/Clay Plan Commission
::OOMA\MHOOMA\N01 ;21 041;6
CERTIFICATION:
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2Q0100010478 .
Flied for Recr-~ In
HAMILTON COUN INDIANA
MARY L CLARK
03-02-2001 11:09 al.
MISC 13.00
,..J) COMMITMENT CONCERNING THE DEVELOPMENT
1C0 O(\lL AND USE OF REAL ESTATE
N
In accordance with Indiana Code Section 36-7-4-921, Duke/Hawk, L. L. C. (hereafter
the "Owner"), the owner ofthe following described Real Estate located in Hamilton County,
Indiana (hereafter the "Real Estate") makes the following COMMITMENT concerning the
use and development of the Real Estate to the Carmel/Clay Board of Zoning Appeals
(hereafter "BZA").
6.
7.
1.
Description of Real Estate: See Exhibit A ("Real Estate")
2.
Docket No: V-223-00
3.
Statement of Commitment: Owner commits that, in exchange for the
variance to allow two (2) signs on the north facade of Building 7 located on
the Real Estate, Owner shall not install a sign on the east facade or the
south facade of Building 7.
4.
Bindinaon Successors and Assigns: This Commitment is binding on the
Owner of the Real Estate and each other person or entity acquiring an
interest in the Real Estate, unless modified or terminated by the BZA. This
Commitment may be modified or terminated only by a decision of the BZA
made at a public hearing after notice as provided by the rules of the BZA or
as otherwise provided by IC 36-7-4-921.
5.
Effective Date: The Commitment contained herein shall be effective upon the
grant of variance petition V-223-00 by the BZA on January 8, 2001, as
amended by the BZA on January 22, 2001.
Recording: The undersigned hereby authorizes the Director of the
Department of Community Services, or the Secretary of the BZA, to record
this commitment in the office of the Recorder of Hamilton County, Indiana.
Enforcement: This commitment may be enforced by the BZA and the owners
of all parcels of ground adjoining the Real Estate who were entitled to
receive personal notice of the variance under the rules in force at the time
the commitment was made.
::ODMAIMHODMA\N01 ;39320;1
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IN WITNESS WHEREOF, Owner has executed this instrument this 21o~ay of
January, 2001.
DUKE/HAWK, L.L.C., an Indiana limited liability company
By: Duke-Weeks Realty Limited Partnership, an
Indiana limited partnership, its Member
By: Duke-Weeks Realty Corporation, an
Indiana corporation, its general partner
By: ca gP--
Printed: cn~5 S~
Title: '5Y..i~ id...ut.J,. ~~
l)tUr I~ om~~
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
BEFORE .MEya Notary Public in and for said County and State, personally
appeared Ch VI~ ?fl~e,r' ,the Jt.: of Duke-Weeks Realty
Corporation, the genera partner of Duke-Weeks Realty Limited Partnership, a Member of
Duke/Hawk, L.L.C., an Indiana limited liability company, and who, having been duly sworn,
acknowledged the executi~n of the foregoing Commitm~nt for a!1~L9n beJ:;lalf of said limited
liability company. ~ S.enr()(' V. P ,.. C:;r~n M~ Ina.lC\x"\o...QfficL f::1r"WP
WITNESS my hand and Notarial Seal thisA'6~day of January, 20?.1'"~.~Y..1.9~~;-~
..: fC .... ~J. '.~' ..-:,
'. -'/if'
~~V' 1~(1ng)z}
...1. '0'
Molly A. Stuckey, Notary Public \" ~..~.,::--:...:\'y /
My Comm ission Expires: 1 0-19-20Ct.1? qt:~'^~ :.,. '
My County of Residence: Hamilton .'.'If...........
This Instrument prepared by John K. Smeltzer, Attorney at Law, Bose McKinney & Evans
LLP, 600 E. 96th Street, Suite 500, Indianapolis, Indiana, 46240.
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~VY~VVV~V~'J .
Filed for Record In
HAMILTON COUNTY, INDIA~''''
MARY L CLARK
03-02-2001 11:09 al.
MISC 23.00
cfJ. rv-f) COMMITMENT CONCERNING THE DEVELOPMENT
9~ &; I~Lil[ AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-9,21 ,Duke-Weeks Realty Limited
Partnership (hereafter the "Owner"), the owner of the following 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 Board of Zoning Appeals (hereafter "BZA").
1 . Description of Real Estate: See Exhibit A (''Real Estate")
2. Docket No: V-222-00
3. Statement of Commitments:
a. Owner commits that owner shall issue the following directive to all
contracted janitorial companies that Owner may contract with from
time to time: all janitorial building supervisors are to conduct a floor-by
floor inspection and ensure that overhead lighting is turned off as
soon as evening cleaning is completed.
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b. Owner states that contracted janitorial companies have customarily
finished normal cleaning work by 11 :00 p.m. Monday-Friday. Owner
states that (1) for egress purposes, fire code requirements prohibit
owner from turning off exit and interior corridor lighting, (2) common
areas will remain lighted for security purposes, and (3) small banks of
windows or single windows may be illuminated periodically due to
tenants working late or on weekends. Owner states that in the future,
should neighbors or other citizens have concerns regarding a specific
building, Owner's customer service line (317) 808-6200 is staffed
during business hours. Calls received after 5:00 p.m. will be
forwarded by Owner's answering service and returned the next
business day.
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c. Owner commits that Owner will not erect any additional upper-level
wall identification signs, other than those for which variances have
already been granted, on Buildings 1, 3, 5 and 6 located on the Real
Estate, without first applying for, and being granted, an additional sign
variance.
::ODMAIMHODMA\N01 ;39360;1
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4.
Binding on Successors and Assigns: These Commitments are is binding on
the Owner of the Real Estate and each other person or entity acquiring an
interest in the Real Estate, unless modified or terminated by the BZA. These
Commitments may be modified or terminated only by a decision of the BZA
made at a public hearing after notice as provided by the rules of the BZA or
as otherwise provided by IC 36-7-4-921.
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5. Effective Date: The Commitments contained herein shall be effective upon
the grant of variance petition V-222-00 by the BZA on February 26, 2001.
6. Recording: The undersigned hereby authorizes the Director of the
Department of Community Services, or the Secretary of the BZA, to record
these commitments in the office ofthe Recorder of Hamilton County, Indiana.
7. Enforcement: These commitments may be enforced by the BZA and the
owners of all parcels of ground adjoining the Real Estate who were entitled
to receive personal notice of the variance under the rules in force at the time
the commitments were made.
IN WITNESS WHEREOF, Owner has executed this instrument this ~~ay of
February, 2001.
DUKE-WEEKS REALTY LIMITED PARTNERSHIP ,an
Indiana limited partnership
By: Duke-Weeks Realty Corporation, an
Indiana cOrPor ion, its general partner
Chris Seger
Senior Vice President, General
Manager, Indiana Office Group
By:
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STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
BEFORE ME, a Notary Public in and for said County and State, personally
appeared Chris Seger, the Senior Vice President and General Manager, Indiana Office
Group, of Duke-Weeks Realty Corporation, the general partner of Duke-Weeks Realty
Limited Partnership, and who, having been duly sworn, acknowledged the execution ofthe
foregoing Commitment for and on behalf of said limited liability company.
WITNESS my hand and Notarial Seal this~gtlday of February, 2001.
~~
Molly A. uckey, Notary blic
My Commission Expires: 10-19-2001
My County of Residence: Hamilton
This Instrument prepared by John K. Smeltzer, Attorney at Law, Bbse McKinney & Evans
LLP, 600 E. 96th Street, Suite 500, Indianapolis, Indiana, 46240.
::ODMAIMHODMA\N01 ;39360;1
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SIGN REVIEW STANDARDS
A copy of the Letter of Grant for a variance for the proposed Firestone sign is included in
Tab #2. This Letter of Grant provides evidence that the proposed sign, as varied, satisfies the
development requirements specified in the Camel-Clay Township Sign Ordinance.
Included in this Tab, from the Zoning Ordinance, is Chapter 23B: U.S. Highway 31 Corridor
Overlay Zone. This Chapter requires Plan Commission Approval of signage and states that,
for all projects in the U.S. Highway 31 Corridor Overlay Zone, the Commission shall review
and approve the signage pursuant to Sections 238.09 through 23B.15. This Chapter also
references Section 24.03: Architectural Design, Exterior Lighting, Landscaping and
Signage.
Also included in this Tab, from the Zoning Ordinance, is Chapter 24: Development Plan and
Architectural Design, Exterior Lighting, Landscaping and Signage Regulations. Section
24.01: Purpose and Intent states that Signage applications shall generally be considered
favorably by the Commission. Section 24.03 states that the Commission shall review a
Signage application to determine if the Signage satisfies the development requirements
specified herein and in the applicable zoning district. As stated in Section 24.03, the plan
documentation and supporting information requirements for signage are that (i) all exterior
signage proposed to be located in the development shall be shown on a sign plan and (ii)
conformance or nonconformance with the Sign Ordinance shall be noted.
In summary, the proposed Firestone sign, as varied by variance Docket No. 05080029,
satisfies the development requirements specified in Chapter 23B, Chapter 24 and the
Carmel-Clay Township Sign Ordinance and is in conformance.
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CITY OF CARMEL ZONING ORDINANCE
238.00.01 Purpose, Intent and Authority.
The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health,
safety, comfort, convenience and general welfare by providing for consistent and coordinated
treatment of the properties bordering U.S. Highway 31 (also known as the Cannel Meridian
Corridor) in Clay Township, Hamilton County, Indiana. The Commission and Council, in
establishing this zone, are relying on IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. This
zoning district is, likewise, intended to serve as a tool for implementing the development policies
and guidelines set for the Corridor in the Comprehensive Plan. U.S. Highway 31 is a limited
access highway and an important business corridor to the City, of Cannel and Clay Township.
The U.S. Highway 31 Corridor is a premier office location and employment center whose
viability, quality, and character are important to the community as a whole, adjacent residents,
employees, business owners, and taxing districts. Therefore, it is the further purpose of the U.S.
Highway 31 Overlay Zone to preserve the aesthetic qualities of those bordering properties
through:
(1) the promotion of coordinated development in the U.S. Highway 31 Overlay Zone;
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238.00
238.01
238.02
238.03
238.04
238.05
23B.06
238.07
238.08
238.09
238.10
238.11
23B.12
238.13
238.14
23B.15
238.16
238.17
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CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE
. J S Highway 31 Corridor Overlay Zone.
District Roundaries.
Commission Review.
Permitted' Jses.
Special' Jses.
UNTITLED.
AccessoJ:y Ruildings and' Jses.
Minimum Tract Si7p..
HeigJ1t and Yard Req.uirements.
Architectural Design Requirements.
I.andscaping Requirements.
Puhlic Art.
Parking Requirements.
I.ighting Requirements.
Ril:}'c1e and Pedestrian Access.
Access to Individual Tracts.
Additional Requirements.
Reservation ofT .and for Pending State Highway Improvements.
u.s. Hiehway 31 Corridor Overlay Zone.l
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I Section 23B.00 amended per Ordinance No. Z-453-04. ,9cv-cw.
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Chapter 23B: US Highway 31 Corridor Overlay Zone
23B-l
as adopted per Z-340; as amended per Z-365-0 1; Z-382-02; Z-415-03; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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The boundaries of the U.S. Highway 31 Overlay Zone are hereby established as follows:
A. Beginning at north right-of-way li~e of 96th Street and extending to the north right-of-way line of
Interstate Highway 465, the boundluy shall follow the centerlines of Spring Mill Road on the west
and College A venue on the east. I
8. Beginning at north right-of-way l~e of Interstate Highway 465 and extending to the south right-
of-way line of 1315t Street, the boundary shall follow the centerlines of the proposed or
constructed parallel roads, namely Pennsylvania Street on the east, and Illinois Street (and
Meridian Comers Boulevard) on t~e west.
C. From the south right-of-way line of 13151 Street to the south right-of-way line of 146th Street, or
the southern boundary of any TIF i District that is contiguous to 146th Street, the boundary shall,
(unless otherwise shown on the official Zoning Map) include all land that is within six hundred
(600) feet ofthe right-of-way for U.S. Highway 31.
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23B.00.02
A.
238.00.99
A.
B.
23B.Ol
(2)
the establishment of higlJ standards for buildings, landscaping, and other improvements
constructed on the prope~.ties within the U.S. Highway 31 Overlay Zone which permit
,
innovative site designs and at the same time encourage efficient land usage; and
the establishment of development requirements which will encourage substantial capital
investments for the deve~opment of those properties and promote the quality, scale, and
character of development consistent with the Corridor's existing and planned uses.
Plan Commi~~ion Apprm)al.
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(3)
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Oevelopment Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor
Overlay Zone prior to I the issuance of an Improvement Location Permit by the
Department. See Section 24.02: Development Plan.
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8.
Architectural ne~ign, Exterior I.ighting, I .and~caping and SigJ1age. To insure the
compatibility of the prop~sed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of ariy Lot or parcel of ground within the U.S. Highway 31 Corridor
Overlay Zone prior to! the issuance of an Improvement Location Permit by the
Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping
and Signage. I
Application Procedure.
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Oevelopment Plan. See S(!ction 24. 99(A): Development Plan.
A rchitectllral ne~ign, Exterior I.ighting, I .and~cl\Ping and Signage (A OJ .S). See Section
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24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
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District Boundaries:
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Chapter 23B: US Hi~way 31 Corridor Overlay Zone
I 23B-2
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
SU1J1I1Ier 2004 vi
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23B.02
CITY OF CARMEL ZONING ORDINANCE
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A.
Commission Review:2
Development Plan. The Commission must approve, approve with conditions, or disapprove the
Development Plan (DP) for any tract ofland in the U.s. Highway 31 Overlay Zone.
1.
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The Commission shall hold a public hearing before it decides whether to approve or
disapprove a DP. However, no DP is required for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including exterior
color and materials; doors and windows, other detailing;
Meet with requirements of the underlying primary zoning district;
Do not exceed twenty percent (20%) of the original gross floor area of the
existing structure, applicable from the date of this ordinance, and,
e. Have received a prior ADLS approval from the Commission.
The Commission shall review a DP application to determine if the DP satisfies the
development requirements specified in Sections 23B.03 through 23B.08. The
Commission's review shall include, but not be limited to, the following items:
c.
d.
a.
Existing site features, including topography and wooded areas;
Zoning on site;
Surrounding zoning and existing land use;
Streets, curbs and gutters, sidewalks, and bicycle paths;
b.
c.
d.
e. Access to public streets;
Driveway and curb cut locations in relation to other sites;
General vehicular and pedestrian traffic;
Vehicle and bicycle parking facilities and internal site circulation;
Special and general easements for public or private use;
On-site and off-site surface and subsurface storm water drainage including
drainage calculations;
On-site and off-site utilities;
The means and impact of sanitary sewage disposal and water supply techniques;
Dedication of streets and rights-of-way, or reservation of land to be sold to
governmental authorities for future development of streets and rights-of-way;
Proposed setbacks, site landscaping and screening, and compatibility with
existing platted residential uses;
o. Project signage;
f.
g.
h.
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k.
I.
m.
n.
p.
q.
Protective restrictions and/or covenants;
Compatibility of proposed project with existing development within the U.S.
Highway 31 Corridor; and,
2 Section 23B.02 amended per Ordinance No. Z-453-04. fcx-dh.
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Chapter 238: US Highway 31 Corridor Overlay Zone
23B-3
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
Summer 2004 vi
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CITY OF CARMEL ZONING ORDINANCE
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c.
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Consistency wit,h the policies for the Overlay Zone which are set forth in the
Comprehensive Plan, including the Thoroughfare Plan.
Findings-of-Fact. The chmmission shall make written findings concerning each decision
to approve or disapprovJ a DP. The President of the Commission shall be responsible
for signing the written firldings ofthe Commission.
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Art'hitedural Desit?1, Rxterior I ,j~Jttinr, l,andst'apinf and SigJIa~e, Except as provided in
Paragraph (A)(l) above, for all ptojects in the U.S. Highway 31 Overlay Zone, the Commission
,
shall review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS), access to the property,lsite layout, parking and site circulation, pursuant to Sections
23B.09through 23B.15. I
1. ADLS approval shall be necessary prior to:
a. The establishmeht of any use of land;
b. The issuance of by Improvement Location Permit;
c. The erection, rJconstruction or structural alteration of any building(s) in the
,
U.S. Highway 31 Overlay Zone; or
A h . I ..
ny c anges In any SIte Improvements.
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An amendment to an ADLS may be reviewed and approved by a committee of the
Commission according tb the Rules of Procedure. However, any interested party may
appeal the decision ofthd committee directly to the Commission.
Zoninr Waiver. The commissioh may, after a public hearing, grant a Plan Commission Waiver
of certain Development Requirenients of this Chapter, so noted within. Any approval to permit
such a waiver shall be subject to the following criteria:
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(I) The proposal shall be in harmony with the purposes and the land-use standards
contained in this Chapter.1
The proposal shall enhanbe the overall Development Plan, the adjoining street1,>capes and
neighborhoods, and the o~erall U.S. 31 Corridor.
The proposal shall not Jroduce a Site Plan or street/circulation system that would be
impractical or detract frJm the appearance of the Development Plan and the U.S. 31
Corridor, and shall not adversely affect emergency vehicle access or deprive adjoining
properties of adequate light and air.
The proposal exhibits exJaordinary site design characteristics, including, but not limited
to: Increased landscape tt-eatment, tree preservation, public art, provisions for bicycles
and/or mass transit, reduded surface parking coupled with provisions for above or below
ground parking facilities. I
In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure
the purposes of this Chapter. This P~raph does not affect the right of an applicant under Indiana
law to petition the Board for a varilmce from development standards, as provided in IC 36-7-4-
918.5 and this Zoning Ordinance.
3.
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(4)
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Chapter 23B: US Highway 31 Corridor Overlay Zone
I 23B-4
as adopted per Z-340; as amendedlper Z-365-01; Z-382-02; Z-415-03; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
23B.03
Permitted Uses:3
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All uses which are permitted in the underlying primary zoning district(s), except the uses expressly
excluded by Appendix A: Schedule of Uses, are permitted in the U.S. 31 Overlay Zone.
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23B.04 SpecialUses:4
There shall be no Special Uses permitted in the U.S. Highway 31 Overlay Zone.
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23B.05 5
23B.05.01
Excluded 1 Tses: See Appendix A: Schedule of Uses.
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238.05.02
Retail {Tses:
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Retail Uses may be included in one or more buildings within a DP, subject to the following:
A. Retail Uses may comprise up to:
(1) Fifteen percent (15%) ofthe Gross Floor Area (GFA) of any building; or,
(2) Up to thirty percent (30%) of the GFA of one building may be retail uses,
provided that:
(a) Total square footage of retail uses designated in the development plan
does not exceed fifteen percent (15%) of the GF A of all buildings
combined; or,
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(b) Retail uses over fifteen percent (15%) of the GF A of anyone building
be located on the ground floor or below grade.
The Commission may grant a waiver to allow retail use to be located on floors other than
ground or below-grade, pursuant to the criteria found in Section 23B.02(G).
B.
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23B.06 Accessot:)' Buildin~s and Uses:
All Accessory Buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any attached or detached Accessory Building in any DP/ ADLS shall have on all
sides the same building proportions, architectural features, construction materials, and in general be
architecturally compatible with the Principal Building(s) with which it is associated.
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23B.07
A.
Minimum Tract Size:
Except as provided in Paragraph C, below, the minimum area covered by a DP within the u.s.
Highway 31 Overlay Zone must be 217,800 square feet (5 acres).
Ifa Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone,
a DP shall be submitted to the Commission for the entire tract. Wherever there exists a conflict
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B.
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3 Section 23B.03 amended per Ordinance No. 2-382-02. fb; 2-415-03. fbu,
4 Section 23B.04 amended per Ordinance No. 2-415-03. fbv,
5 Section 23B.05 amended per Ordinance No. 2-415-03, fbw-bx,
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Chapter 23B: US Highway 31 Corridor Overlay Zone
23B-5
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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23B.08 Hei~ht and Yard Requirements.6
The purpose of this Section is to provide siie design requirements that align buildings along the edges of a
parcel, towards the public right-of-way 6f the U.S. 31 Corridor, and, where applicable, the 1-465,
Pennsylvania Street, pennsylvania Parkwayl Meridian Comers Boulevard, and Illinois Street Corridors. It
is the intent of these regulations to orient hew buildings with their longest axis parallel to the adjoining
highway or street to create a sense of encldsure along the streets, with parking located to the rear, and, if
necessary, to the side of a building.
C.
between the requirements of the Jnderlying zoning and those of the U.S. 31 Overlay Zone, the
requirements for the U.S. 31 Overl~y Zone shall prevail. '
If a parcel of land or subdivision l~t was recorded prior to April 21, 1980 (the "Effective Date"),
and said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or
lot ("Undersized Lot") may be usJd for any use permitted in the U.S. 31 Overlay Zone provided
thm: I
(1) At the time of recordation ofthe Undersized Lot or on the Effective Date, the Undersized
Lot met the requirements I for minimum lot size then in effect for a lot in the underlying
primary zoning district(s);
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(2) The owner of the Undersized Lot must include any adjoining vacant land (not separated
by a street or public way) I owned or owned by an affiliate on or before the Effective Date
or at the time of application which, if combined with the Undersized Lot would create a
parcel which conforms, ot more closely conforms, to the requirements of this Paragraph;
and, I
(3) All other requirements applicable to the U.S. 31 Overlay Zone can be met.
Section 23B.07 does not preclude ~he sale or other transfer of any parcel of land within a Parent
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Tract after the approval of a IJ>evelopment Plan (DP) for the entire tract. However, the
development of the parcel must ~till conform to the DP for the Parent Tract as approved or
amended by the Commission, antl all other applicable requirements contained in the Zoning
Ordinance.
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23B.08.01
A.
Build-To I.ines:
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B.
Except as allowed in Parqgraph B below, all Principal Buildings shall be located on the
U.S. 31 Corridor Build-to iLine, defined in Paragraph C below.
For Development Plans I on Through Lots with two or more Principal Buildings
(buildings), up to one-hal~(Y2) ofthe buildings may be placed on the Pennsylvania Street,
Pennsylvania Parkway, Meridian Comers Boulevard, and flllinois Corridor Build-to-line
instead of the U.S. 31 Build-to Line.
Dimensional requirement~ for Build-to-lines shall be measured from the highway or
street Right-of-way line: I
(1) U.S. 31 Corridor and 1-465: Ninety (90) feet
(2) Pennsylvania Str~et, Pennsylvania Parkway, Meridian Comers Boulevard, and
Illinois Corridorst Twenty (20) feet.
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C.
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6 Section 23B.08 amended per Ordinance No. 2-382-02, 9c-f; 2-45~-04. 9di-dj.
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Chapter 23B: US Hi~way 31 Corridor Overlay Zone
I 23B-6
as adopted per Z-340; as amended per Z-365-0 1; Z-382-02; Z-415-03; Z-453-04
sUmmer 2004 vi
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CITY OF CARMEL ZONING ORDINANCE
D.
Principal Buildings that are also located adjacent to any arterial or parkway (e.g. 96th
Street or 116th Street) shall be sited consistent with the Building Setback Line of the
underlying zoning.
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238.08.02
A.
B.
Minimum Side and Rear Yards:
Adjacent to any residential use or zone: Forty-five (45) feet.
Adjacent to business use or business zone: Fifteen (15) feet.
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238.08.03 Ruilding Height: As specified in the underlying primary zoning district(s), except as
follows:
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A. Minimum Ruilding Heights:
All uses along U.S. 31 and 1-465: Thirty-eight (38) feet and three (3)
occupiable floors.
All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Comers
Boulevard, and Illinois Street Corridors, or adjoining arterial/parkway: Twenty-
six (26) feet and two (2) occupiable floors.
8. Maximum Ruilding Heights: As specified in the underlying primary zoning district(s),
except as follows:
(1) R-t; District - Between 1-465 and 13151 Street: Eighty (80) feet, except that the
maximum height may not exceed forty percent (40%) of the distance from any
residential use or zone.
1.
2.
(2) R-6 District - All uses, between 1-465 and BIst Street: One hundred fifty (150)
feet, except that the maximum height may not exceed forty percent (40%) of the
distance from any residential use or zone.
(3) Maximum height for all buildings along Pennsylvania Street, Pennsylvania
Parkway, Meridian Comers Boulevard, and Illinois Street frontages: Fifty-five
(55) feet.
23B.08.04 Minimum Parcel Width:
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23B.08.05
A.
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For all uses, the parcel width shall equal or exceed that amount which is one-half(Yl) the depth of
the parcel. However, if a parcel of land or subdivision lot was recorded prior to April 21, 1980
(the "Effective Date"), and said parcel or lot does not contain the minimum width required by this
Paragraph, said parcel or lot ("Undersized Lot") may be used for any use pennitted in the U.S. 31
Overlay Zone provided that:
A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized
Lot met the requirements for minimum lot width then in effect for a lot in the underlying
primary zoning district(s);
The owner of the Undersized Lot must include, up to the minimum parcel width, any
adjoining vacant land (not separated by a street or public way) owned, or owned by an
affiliate, on or before the Effective Date or at the time of application which, if combined
with the Undersized Lot, would create a parcel which confonns, or more closely
confonns, to the minimum parcel width requirements ofthis Paragraph, and
C. All other Development Requirements applicable to the U.S. 31 Overlay Zone can be met.
B.
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 basement or any accessory building(s).
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Chapter 23B: US Highway 31 Corridor Overlay Zone
238-7
as adopted per 2-340; as amended per 2-365-01; 2-382-02; 2-415-03; 2-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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23B.09
8.
Accessory Buildings perrhitted need not meet this minimum floor area requirement. The
intent of this minimum boss floor area requirement is to preclude small, freestanding
buildings and uses not in character with the Corridor.
Distribution nfGross Flobr Area.
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1.
All uses along U.S. 31 and 1-465:
a. Maxim~m First floor GF A:
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2.
Forty percent (40%);
Maximum Second floor GF A: Thirty-five percent (35%).
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All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Comers
Boulevard, and Illinois Street Corridors, or adjoining arteriaVparkway:
a. MaximJm First floor GF A: Sixty percent (60%);
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b.
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23B.08.06
A.
Maximum Parcel Coverage and Density:
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Maximum Parcel Coverage shall be sixty-five percent (65%) of any parcel covered by a
DP.
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Maximum Floor Area Ratio (FAR.) shall be 0.70, with the FAR. being calculated by
dividing the total gross floor area of a building or buildings on any parcel by the area of
such parcel. I
Waivers:
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8.
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238.08.07
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The applicant may request a PI.an Commission Waiver to the dimensional and quantitative
standards of this Section 23B.08, by not greater than thirty-five percent (35%), consistent with
requirements set forth in Section 23B.02(G).
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Architectural Desien Requirements.
In reviewing the architectural design ofbuilding(s) proposed to be built in the U.S. Highway 31 Overlay
Zone, factors to be considered by the Cormriission shall include but not be limited to the following:
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A. Context: All buildings shall be dbsigned with respect to the general character of the U.S. 31
Corridor and, particularly, with due consideration to buildings located on lots that abut the project
site. I
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8.
Scale and prnportion: All building fa~des, 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.
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A minimum of three materials shall be used for building exteriors, from the following list: stone,
brick, architectural pre-cast (panels or detailing), architectural metal panels, glass, ornamental
metal. Large expanses of glass are! allowed, up to seventy percent (70%) of the fa~ade area. The
building may not be constructed entirely of a metal and glass curtain wall. Concrete block is not
allowed as an exterior finish material.
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All buildings shall be designed with a minimum of eight external comers, in order to eliminate
box buildings. i
Building penthouses must be inc~rporated into the building fa~ade design, including exterior
materials specifications.
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C.
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D.
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E.
F.
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Sloped roofs shall not exceed one hundred (100) feet without a change in roof plane, or gable or
donner. Sloped roofs shall be either standing seam metal or dimensional shingles.
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Chapter 238: US Hi~way 31 Corridor Overlay Zone
238-8
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
Sulnmer 2004 vI
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G.
CITY OF CARMEL ZONING ORDINANCE
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23B.I0
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Exhihits. The following architectural exhibits shall be provided to the Commission in addition to
nonnal submission requirement of any DP or ADLS application:
(1) A Site Plan showing the proposed building in the context of adjoining buildings,
including buildings across u.S. 31.
(2)
Perspective computer-enhanced color renderings showing the proposed building,
signage, parking areas (shown loaded) and any displays within the context of the actual
existing site conditions, including how it will look from any adjoining residential areas,
as well from as three locations, whose distance is no less than three hundred (300) linear
feet away nor more than one thousand (1000) linear feet away (from the property line),
along U.S. 31:
(a) U.S. 31 Southbound lane
(b) Immediately across the highway, from approximately first floor level
(c) U.S. 31 Northbound lane
Golden Section analysis, providing building elevations which define how the proposed
building has been designed utilizing the proper ratio.
(3)
Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.09 by not greater than thirty-five percent (35%), consistent with
requirements set forth in Section 23B.02(G).
Landscapine Requirements.7
23B.10.01 Landscape Plan:
A Landscape Plan shall be submitted to the Plan Commission for its approval at the same time
other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan shall:
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A.
B.
Be drawn to scale, including dimensions and distances;
Delineate all existing and proposed buildings, private parking areas, walks, ramps for
handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar
structures;
Delineate the location, size and description of all plant material and the irrigation system
for all planting areas. Landscape treatment for plazas, roads, paths, service and private
parking areas shall be designed as an integral Icoordinated part of the Landscape Plan for
the entire lot.
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23B.IO.02 Landscape Area Requirements:
A. Greenhelt:
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(1)
The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in
width and landscaped per the requirements of Section 23B. 10. 03(B).
The Greenbelt shall be unoccupied except for plant material, steps, walks,
terraces, bike paths, lighting standards, signs, and other similar structures
(excluding a private parking area). Mounding and other innovative treatments
,are to be encouraged in this area.
(2)
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7 Section 23B.JO amended per Ordinance No. Z-365-01.
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Chapter 23B: US Highway 31 Corridor Overlay Zone
23B-9
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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Adjacent to entt}' drives: Same planting unit standards as for Parallel
Collectbr/ Arterial Roadways, above.
(c) AdjaCe~t to parking areas: per Section 26.04: Perimeter Buffering.
Planting Adjacent to RlliI~ings:
(1) A planting area ~qual to an area measuring twenty-five (25) feet in depth by the
width ofthefroht of the building plus twenty (20) feet, (to extend ten (10) feet
out on both side~) shall be installed along building fayades that face U.S. 31.
A planting area Jqual to an area ten (10) feet in depth by the remaining sides of
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the building shall be installed on all other sides of the building(s).
Sidewalks up to bight (8) feet in width may be permitted in these areas, but shall
not occupy the ertire planting area on any side of the building(s).
If an approach dtiveway or sidewalk cuts into a planting area, the area displaced
by the driveway br sidewalk shall be added to the building perimeter planting.
These adjacent ~Ianting areas need not be rectangular in shape as long as the
required amount of space is landscaped; innovative and original designs are
encouraged. I
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Chapter 23B: US Highway 31 Corridor Overlay Zone
I 23B-1O
as adopted per Z-340; as amendedlper Z-365-01; Z-382-02; Z-415-03; Z-453-04
Summer 2004 v I
B.
C.
(3)
A base-PlantinJ unit for each one hundred (100) linear foot increment of the
Greenbelt has been designated, as follows:
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(a) Five (5) shade trees;
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(b) Three (B) ornamental trees;
(c) Fifteen (15) shrubs or, three (3) evergreen trees;
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Planting Strip:
(1)
A planting strip, minimum width shall be ten (10) feet, shall be provided
adjacent to any tollector or Arterial Street, or Parkway right-of-way within the
U.S. 31 Overlay!zone.
Adjacent to an Rntt}' lliive: Minimum width ten (10) feet.
Adjacent to any Iparking area: Minimum width as follows:
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(a) five fecl (5') wide when adjacent to business zoned property.
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(b) fifteen feet (15') wide when adjacent to residential use or zoned
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property .
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The planting strip shall be unoccupied except for plant material, steps, terraces,
driveway and pathway crossings, lighting standards, signs, benches, and other
similar structurek.
The base PlantiJg unit for planting strips shall be as follows:
(a) Adjacehtto Parallel Collector/Arterial Roadways:
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For each one hundred (100) linear foot increment:
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(i) Three (3) shade trees
(ii) Two (2) ornamental trees
(iii) Ten (10) shrubs
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(2)
(3)
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(4)
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(5)
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(b)
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(2)
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(3)
(4)
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(5)
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CITY OF CARMEL ZONING ORDINANCE
Planting Within Parking r ,ot~:
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23B.IO.03
A.
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Landscaping materials selected shall be appropriate to local growing and climate
conditions.
rn~tallation: All required landscaping 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 not yet installed, prior to the
issuance of the Final Certificate of Occupancy.
Maintenance: It shall be the responsibility of the owners and their agents to insure
maintenance of project landscaping approved in accordance with the Overlay Zone
requirements. 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.
D.
E.
F.
G.
B.
C.
D.
E.
A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking
lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of
parking.-See Section 23B.IO.03(B) for minimum planting area requirements.
SidelRear Yard r .and~caping: Planting unit shall occur per Paragraph F below.
Greenbelt Buffers shall be established within required side and rear yards pursuant to
Section 26. 04: Perimeter Buffiring.
Total r ,and~caping Required:
Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers,
and the planting within parking lots, a minimum of fifteen percent (15%) of the project
area shall be landscaped.
Land~caping rn~tallation and Maintenance.
Material~: All plants proposed to be used in accordance with any landscaping plan shall
meet the following specifications:
Shade tree~: two and one-half inch (2Yz") caliper, a minimum height of eight (8)
feet, and a branching height of not less than one-third (1/3) nor more than one-
half(Yz) of tree height.
Ornamental tree~: one and one-half inch (I Yz") caliper a minimum height of six
(6) feet, and a branching height of not less than one-third (1/3) nor more than
one-half(Yz) of tree height.
Rverereen tree~: A minimum height of eight (8) feet
neciduou~ ~hmh~: A minimum height of twenty-four (24) inches, and no less
than six (6) main branches upon planting.
(5) Evergreen ~hmh~: A minimum height and spread of twenty-four (24) inches.
The dimensions, specifications and design of any planting area or planting median shall
be as follows:
(1)
(2)
(3)
(4)
(1)
(2)
(3)
Shade Trees:
Ornamental Trees:
nine (9) feet wide
seven (7) feet wide
five (5) feet wide
Shrubs (only):
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Chapter 238: US Highway 31 Corridor Overlay Zone
238-11
as adopted per 2-340; as amended per 2-365-01; 2-382-02; 2-415-03; 2-453-04
Summer 2004 vi
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CITY OF CARMEL ZONING ORDINANCE
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Ch3nge~ A iter A pprov3,l No landscaping which has been approved by the Commission
may later be materially kltered, eliminated or sacrificed, without first obtaining further
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Commission approval. However, minor alterations in landscaping may be approved by
the Director in order to cbnfonn to specific site conditions.
Tn~pection: The Directhr shall have the authority to visit any tract within the U.S.
Highway 31 Overlay Zohe to inspect the landscaping and check it against the approved
plan on file. I
23B.1O.04 Protection ofExi~ting Trees:
S. . h .. I d f h Id ak bl ffi d
Ites WIt eXlstmg trees or stan s 0 trees s ou 10 e reasona e e orts to protect an
incorporate them into the overalll site design. The Landscape Plan must preserve not less than
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seventy percent (70%) of all trees'lthat are:
A. nine-inch (9") DBH or larger, and
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located within the Greenbelt, Planting Strips and perimeter buffering.
23B.10.05
F.
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B.
W3iver~:
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The Plan Commission may grant a waiver to the dimensional and quantitative standards of this
Section 23B.JO, by not greater tllan thirty-five percent (35%), consistent with requirements set
forth in Section 23B.02(G).
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23B.11 Pllhlic Art. I
Public art that is included as part of a Derelopment Plan shall be displayed in a location that is visually
accessible to the public and visible from either U.S. Highway 31, Pennsylvania Street, Range Line Road,
or Illinois StreetlMeridian Comers BoulevJrd.
23B.12
A.
B.
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Parking Requirements.
Except as provided in ParagrapH B, there shall be no (0) parking between the U.S. 31 right-of-
way and the front build-to line orthe building.
(1) The required number of~arking spaces is established in Chapter 27: Additional Parking
& Loading Regulations, depending upon the zoning and intended land use.
There shall be an approP}iate number of parking spaces reserved for use by handicapped
individuals, per State andl Federal requirements.
Direct, articulated pedeskan access shall be provided from the street to the building's
primary entrance. I
A bicycle parking area s~ould be provided for each building.
Above grade, structured Iparking facilities shall have on all sides architectural features
that are compatible with the principal building(s) with which they are associated.
W3iver~: I
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B. J 2'11 by not greater than thirty-five percent (35%), consistent with
requirements set forth in Section 2'3B.02(G).
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(2)
(3)
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(4)
(5)
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Chapter 23B: US Hi~way 31 Corridor Overlay Zone
I 23B-12
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
S~mmer 2004 v I
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23B.13
CITY OF CARMEL ZONING ORDINANCE
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23B.14
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23B.15
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A.
Lighting Requirements.
A Site Lighting Plan shall be submitted along with any DP or ADLS plan. The Site Lighting Plan
shall include the type, standards, layout, spread & intensity of all site lighting, including:
(I)
(2)
(3)
(4)
(5)
parking lot and service/storage area lighting;
architectural display lighting;
security lighting;
lighting of pedestrian and bicycle ways;
architectural and landscape lighting.
B.
All site lighting shall be coordinated throughout the project and be of unifonn design, color and
materials.
C.
The maximum height of light standards shall not exceed the building height proposed, or twenty-
five (25) feet, whichever is less. However, when light standards abut or fall within ninety (90)
feet of a residential use, they shall not exceed fifteen (15) feet.
All exterior architectural, display, decorative and sign lighting shall be generated from concealed,
low level light fixtures.
The average illumination for site lighting shall be a maximum ofthree (3) footcandles.
All site lighting shall be designed to not exceed 0.3 footcandle at the property line in business or
manufacturing districts, and 0.1 footcandle at the property line of adjoining residential uses.
Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.13, by not greater than thirty-five percent (35%), consistent with
requirements set forth in Section 23B.02(G).
D.
E.
F.
G.
Bkycle and Pedestrian Access.
The DP shall include specific provisions for incorporating pedestrian and bicycle access, circulation and
amenities into the development. Such bicycle and pedestrian access considerations shall include linking
pedestrian and bicycle facilities to adjacent development, the overall U.S. 31 Corridor, and, the Cannel
community's overall system of bicycle and pedestrian trails and routes.
Access to Individual Tracts.
As U.s. Highway 31 is a limited access highway, and as access to individual tracts along this highway is
either not in existence or not clearly defined in many cases, access roads will need to be built. In order to
preserve the aesthetic benefits provided by the greenbelt, access roads shall be provided at the rear of all
tracts, whenever possible. Access roads to contiguous tracts shall be coordinated so as to fonn one main
access road serving adjoining developments. These roads should be designed so as to funnel traffic onto
major arterial roads rather than into residential areas and roads that may adjoin or be near this Overlay
Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular access, greenbelt design
and parking.
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Chapter 23B: US Highway 3 I Corridor Overlay Zone
23B-13
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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23B.16 Other Requirements.8 1
23B.16.01 Outside Storage of Refilse:
Unenclosed storage of refuse (whbther or not in containers) or display of merchandise shall not be
pennitted on any project. All refuse shall be contained completely within the Principal Building
or Accessory Building. Any AccJssory Building for refuse storage shall be:
A. Designed to include arJf structure; and,
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Architecturally compatible with the Principal Building.
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238.16.02 Loading and Unloading Areac;:
Loading and Unloading Berths o} Bays shall be designed as specified in the underlying primary
zoning district(s), except that an~ Loading and Unloading Berth or Bay shall not be oriented to
U.S. Highway 31. Loading and Unloading Berths or Bays oriented toward any other public right-
of-way, shall be landscapedlscrebned using masonry wall(s), plant material, or a combination
thereof, subject to Commission a~proval.
23B 16 03 A.L" . R .: R 1..1 . I
. . 1I111tlOns to xlstmg eSluentla:
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Uses and Detached Buildings actessory to single-family dwelling units are pennitted provided
that the use and/or structure meJts the requirements of the underlying primary zoning district.
Additionally, any detached structJre:
A. Must be of compatible akhitectural design with the Principal Building;
B. Must be set back a mini~um of thirty (30) feet from the right-of-way line nearest to and
running most parallel ~ith U.S. Highway 31; and be accompanied by the minimum
applicable perimeter buffer per Section 26. 04: Perimeter Buffering.
Waivers: I
The applicant may request a Plan Commission Waiver to the dimensional and
quantitative standards of this Section 23B.16.03, by not greater than thirty-five percent
(35%), consistent with r~uirements set forth in Section 23B.02(G).
B...rvn';oo ofLnod for JOd;Og S'n'e H;ghw~ Improve....".'
A. In addition to the dev~lopment requirements specified in Sections 23B.03 through
23B.08, a DP must resere for acquisition by the State of Indiana all land that the State
expects to need for pending improvements to U.S. Highway 31, as shown on plans
developed for the Indiana Department of Transportation by the consulting finn
Bernardin, Lochmueller land Associates for the Major Investment Study (1997), or, as
shown on plans from the Parsons Transportation Group prepared for the Environmental
Impact Study. An applibant must notifY in writing the Commissioner of the Indiana
Department of Transporfution (INDOT) of any proposed DP that includes land within the
projected right-of-way fdr those pending improvements.
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Whenever an applicant I believes that the reservation of such land as required by
Paragraph A would result in the loss of all reasonable and beneficial use of or return
from the applicant's prJperty, then the applicant may request an Economic Hardship
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B.
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C.
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23B.17
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B.
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8 Section 23B.16 amended per Ordinance No. 2-365-01.
9 Section 23B.17 amended per Ordinance No. 2-453-04. fdk-dn.
Chapter 23B: US Hi~way 31 Corridor Overlay Zone
I 23B-14
as adopted per Z-340; as amendec{ per Z-365-01; Z-382-02; Z-415-03; Z-453-04
Sununer 2004 v I
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CITY OF CARMEL ZONING ORDINANCE
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Exception from the tenns of Paragraph A, pursuant to the Plan Commission's Rules of
Procedure.
C.
Upon receipt of a request for an Economic Hardship Exception, the Commission shall
hold a public hearing on such request. The hearing may not be held until at least ninety
(90) days after the applicant has notified the Commissioner of INDOT of the proposed
DP as described above in Paragraph A. In detennining whether to grant an Economic
Hardship Exception, the Commission may consider the following criteria:
(I) the applicanfs knowledge of the State's plans at the time of acquisition;
(2) the current level of economic return on the property, including the date of
purchase, the purchase price, income from the property, any remaining
mortgage debt, real estate taxes, and recent appraisals of the property;
(3) any recent offers for sale or purchase, including offers to purchase which the
State itself may have made;
(4) the feasibility of profitable alternative uses for the property; and,
(5) whether the State can reasonably be expected to provide just compensation to
the applicant for any taking of the applicant's property within one (1) year from
the date of the Commission's decision.
D.
An applicant for an Economic Hardship Exception must prove, by clear and convincing
evidence, both:
(1)
that the existing use (if any) of the applicant's property is economically
infeasible; and,
that, if the tenns of Paragraph A are applied to the property, the sale, rental, or
rehabilitation of the property will not be possible, resulting in the property not
being capable of earning any reasonable economic return. The Commission's
decision must be in writing and must contain the factual findings that constitute
the basis for its decision, consistent with the criteria in Paragraph C.
(2)
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Chapter 23B: US Highway 31 Corridor Overlay Zone
23B-15
as adopted per Z-340; as amended per Z-365-01; Z-382-02; Z-415-03; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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CHAPTER 238: U.S. HIGH'r A Y 31 CORRIDOR OVERLAY ZONE
AMENDMENT LOG
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Ordinance No. Docket No. Couhcil Approval Effective Date Sections Affected
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Z-289 i 6 December 1993
Z-323 I 3 Seotember 1997
Z-324 I 15 December 1997
Z-334 I 7 June 1999
Z-340 I I Mav 2000
Z-365-01 76-01a OA Novelnber 5, 2001 November 27,2001 23B.1O.2(B)(5);
I 23B.I0.2(F);
23B.16.3(8)
Z-382-02 38-02 OA July 15,2002 July 15,2002 23B.3; 23B.8;
23B.8.1; 23B.8.2;
23B.8.3
Summer 2002 vI
Z-415-03 39-02 OA Novelnber 17,2003 November 18,2003 23B.03; 23B.04;
I 23B.05
I Autumn 2003 vI
Z-453-04 150-020A I August 16,2004 23B.00; 23B.02;
August 16,2004
I 23B.08; 23B.17
Summer 2004 vI
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Chapter 23B: US Hi~way 31 Corridor Overlay Zone
I 23B-16
as adopted per 2-340; as amendedlper 2-365-01; 2-382-02; 2-415-03; 2-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 1: ZONING CODE
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CARMEL ZONING ORDINANCE
CHAPER 24: DEVELOPMENT PLAN AND ARCHITECTURAL DESIGN, EXTERIOR LIGHTING,
LANDSCAPING & SIGNAGE REGULATIONS
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24.00
Development Plan and Architectural Design, Exterior I,ighting, I,andscaping & Sienage
Rflgulations
Purpose & Intent.
Development Plan.
Architect:nral Design, Exterior I.ighting, I ,andscaping & Signage,
Procednres for Suhmission and Review.
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24.01
24.02
24.03
24.99
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24.00 Development Plan and Architectural Design, Exterior Lighting, Landscapin~ &
Si~naee Re~u lations.
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24.01 Purpose & Intent.
Development Plan (DP) and/or Architectural Design, Exterior Lighting, Landscaping & Signage (ADLS)
approval by the Commission shall be necessary prior to the establishment of any Use or Building, so cited
by the district regulations herein, or the issuance of an Improvement Location Permit for said Use or
Building. Development Plan and/or Architectural Design, Exterior Lighting, Landscaping & Signage
applications shall generally be considered favorably by the Commission.
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24.02 Development Plan.
A. Development Requirements.
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The Commission shall review a Development Plan application to determine if the Development
Plan satisfies the development requirements specified herein and in the applicable zoning district.
The Commission's review shall include but not be limited to the following items:
1. Compatibility ofthe development with surrounding land uses.
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Consistency with the policies for the district as set forth in the Comprehensive
Plan;
b. Surrounding zoning and existing land use;
a.
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c.
Compatibility with existing platted residential uses; and
Compatibility of proposed project with existing development within the district.
d.
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2.
Availability and coordination of:
a. The means and impact of water supply techniques;
b. The means and impact of sanitary sewers;
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Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage
24-1
as amended per 2-365-01; 2-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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3.
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On-site and off-site surface and subsurface stonn water drainage including
drainage calcul~tions; and
O h . Id if.' '1' .
t er on-sIte an 0 -sIte utI Itles.
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Management of traffic in a manner that creates conditions favorable to health, safety,
convenience, and the hatmonious development ofthe community such that:
a. The design andllocation of proposed street and highway access points minimize
safety hazards and congestion;
The capacity bf adjacent streets and highways is sufficient to safely and
efficiently acce~t traffic that will be generated by the new development; and
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The entrances! streets, and internal traffic circulation facilities in the
Development Plan are compatible with existing and planned streets and adjacent
developments.
c.
d.
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b.
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c.
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4. Building setback lines.
5.
6.
Building coverage.
Building separation.
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7. Vehicle circulation.
Consistency with the policies for the district as set forth in the Thoroughfare
Plan; I
Dedication of streets and rights-of-way, and/or reservation of land to be sold to
governmental ~uthorities for future development of streets and rights-of-way.
In developments that adjoin or include existing streets that do not confonn to
the minimum riWtt-of-way dimensions as established by the Thoroughfare Plan,
the developer shall dedicate additional width along either one or both sides or
,
such streets of inadequate width so as to bring them up to standards, provided
the area to be u~ed for widening is owned by the subdivider or under his control;
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Location and cliaracter of streets;
Access to publib streets;
D . d I b I . . I" th .
T1veway an cur cut ocatlOns m re atlon to 0 er sItes;
Location and cJaracter of curbs and gutters;
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General vehicular traffic;
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Location and cliaracter of vehicle parking facilities;
V h. I' II' . I'
e ICU ar IOterna sIte CITCU atlOn;
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Pedestrian and bicycle circulation.
a. Consistency wi~h the policies for the district as set forth in the Thoroughfare
b. ::~tion and Jaracter of sidewalks, pedestrian trails, and bicycle paths;
c. Access to pUblib sidewalks and multi-use paths;
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General pedestrian and bicycle traffic;
Location and cJaracter of bicycle parking and storage facilities;
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Pedestrian and bicycle internal site circulation.
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Chapter 24: Development Plan and Archite6tural Design, Exterior Lighting, Landscaping & Signage
I 24-2
as amended,per Z-365-01; Z-453-04
Summer 2004 vI
8.
a.
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b.
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c.
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d.
e.
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f.
g.
h.
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d.
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e.
f.
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CITY OF CARMEL ZONING ORDINANCE
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9.
10.
11.
12.
13.
14.
Site landscaping and screening.
Height, scale, materials, and style of improvements.
Project signage.
Recreation space.
Exterior lighting.
Other requirements considered appropriate by the legislative body:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c.
Special and general easements for public or private use;
Protective restrictions and/or covenants.
d.
B. Plan OOClImentation &. SlIpportinc: Tnformation.
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1.
The location and character of the following:
a. Existing and proposed principal structures and accessory structures.
i.
Exterior Elevations, Renderings, Pfe. Exterior elevations, renderings
depicting the exterior materials to be used, and a list of exterior
materials relating to all buildings and other structures proposed in the
area subject to Development Plan approval, together with Architectural
Design, Exterior Lighting, Landscaping and Signage Plans, shall be
submitted to the Commission in order to better define the intent of the
proposed development. The architectural design should reflect a
unified design which is in character and proper relationship with the
surrounding area. Unless required by the Commission, this Section
shall not apply to detached, single~family residences.
Site Plan.
ii.
(a) Location of special and general easements for public or
private use;
(b)
(c)
(d)
Building setback lines;
Building coverage;
Building separation.
Utilities.
Signage.
i. Sign Plan. All exterior signage proposed to be located in the
development, subject to approval and obtaining of a Sign Permit prior
to erection under the requirements of the Sign Ordinance, shall be
shown and conformance or nonconformance with said Ordinance shall
be so noted.
d. Landscaping.
b.
c.
i.
T .andscape 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.
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Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage
24-3
as amended per Z-365-0/; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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The nature and intensity bf uses in the development.
The condition and size 10f public thoroughfares and parking, vehicle, and pedestrian
facilities. I
a. Traffic Study. A traffic study to include a comparative analysis of present
volumes on streets bordering the development or with a direct bearing on the
development vdrsus potential capacity volumes of those streets. Consideration
should be mad~ of the effect of the proposed development and the traffic it
would engendet, particularly at peak periods. A Circulation Plan should be
,
included for aU existing and proposed streets, both public and private, which
will show recorlunendations for controlling, signalizing, channelizing, parking,
storing and wariting both pedestrian and vehicular traffic.
The location and capJcity of drainage facilities and sewer systems serving the
development. I
a. Orainafe Plan. Detailed drawings and Construction Plans for all elements ofthe
storm water ddinage system, including curbs and gutters, storm sewers, open
drainage water}vays, drain tiles, culverts, retention reservoirs and other
necessary appurtenances, shall be included. Among the necessary items of
information are I locations, grades, sizes, capacity and typical cross-sections of
the Drainage Plan elements. A report shall be included concerning:
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Legal drains located in the development or relating to the development,
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The fldoding potential of the development,
The dJsign of the storm water system to deal with such flooding
potenti~l, and
The exbected impact of the development's storm water runoff on any
receiving stream or downstream property.
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Where flood plains as indicated by FP, FF or FW Districts herein, are involved,
a statement fro~ the Indiana Natural Resources Commission to the extent it has
jurisdiction shall be required with respect to location of floodways and flood
I. I
palOS. I
Other information considered appropriate by the legislative body.
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a. Metes & Round~ Description. An accurate metes and bounds description of the
boundary oftheltract that is subject to Final Development Plan approval.
Covenants, ConClitions & Restrictions. A list of the covenants, conditions, and
restrictions, if .by, which will run with the land and affect the use of the
property within I the area subject to Final Development Plan approval. The
approved covenants shall be recorded with the Recorder of Hamilton County,
Indiana. I
Erosion Control! & Sedimentation Plan. A statement and plan setting forth the
method of contJlolling erosion and sedimentation before, during and following
development artd construction, e.g., temporary seeding, sediment detention
basins, erosion I prevention devices and other similar means, that meet the
Hamilton CounD' Soil & Water Conservation District guidelines for urban
development. I
I,ighting Plan. Specifics are required concerning the easements, locations, size,
height, type, intJnsity and illuminance of proposed street and outdoor lighting.
Service Reportsl Service reports or statements, as necessary, may include but
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Chapter 24: Development Plan and Architecbral Design, Exterior Lighting, Landscaping & Signage
I 24-4
as amended'Per Z-365-0J; Z-453-04
Summer 2004 vI
3.
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2.
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4.
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i.
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ii.
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iii.
iv.
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5.
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b.
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c.
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d.
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e.
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U 24.03
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CITY OF CARMEL ZONING ORDINANCE
, not be limited to the following sources:
i. City, County or State highway departments;
ii. Indiana Natural Resources Commission;
iii. Board of Public Works & Safety;
iv. member organizations of the Technical Advisory Committee.
f. Other Con"tmction Plan". Other specific Constmction Plans shall be submitted
as necessary detailing infonnation on, but not limited to, streets, lighting,
sanitary sewer system, stonn water drainage system, curbs and gutters,
sidewalks and the related appurtenances. The required infonnation 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.
g. Con"tmction Timetahle. A construction timetable or schedule shall include the
approximate timing of completion and/or occupancy of the improvements
proposed in the area subject to Development Plan approval.
h. Deed" of Dedication. Certification of dedication of streets, rights-of-way and
other public property to the proper authorities, except so much thereof as are
intended to remain private.
i. Certificate of Commi""ion Approval. Certificate of Approval by the
Commission shall be on each and every sheet ofthe Development Plan.
Architectural Desien, Rxterior Lightin~, Landscapin~ and Sienaee.
A. Develnpment Requirement",
The Commission shall review an Architectural Design, Exterior Lighting, Landscaping and
Signage application to detennine if the Architectural Design, Exterior Lighting, Landscaping
and/or Signage satisfY the development requirements specified herein and in the applicable zoning
district. The Commission's review shall include but not be limited to the following items:
1. Compatibility ofthe development with surrounding land uses.
a. Consistency with the policies for the district as set forth in the Comprehensive
Plan;
b. Surrounding zoning and existing land use;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development within the district.
2. Pedestrian and bicycle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare
Plan;
b. Location and character of sidewalks, pedestrian trails, and bicycle paths;
c. Access to public sidewalks and multi-use paths;
d. General pedestrian and bicycle traffic;
e. Location and character of bicycle parking and storage facilities;
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage
24-5
as amended per Z-365-01; Z-453-04
Summer 2004 vi
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CITY OF CARMEL ZONING ORDINANCE
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3.
4.
5.
f. Pedestrian and 6icycIe internal site circulation.
Site landscaping and scrJening.
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Height, scale, materials, bd style of improvements.
Project signage.
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6. Exterior lighting.
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8.
Other requirements considered appropriate by the legislative body:
a. Existing site fe~tures, including topography and wooded areas;
b. Zoning on site; I
c. Special and genbral easements for public or private use;
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d. Protective restrictions and/or covenants.
PIau Oocnmentation & snpportinkl.rlfonnation.
1. The location and charact~r ofthe following:
a. Existing and prJposed principal structures and accessory structures.
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Rxteridr Rlevation~. Rendering~, RIc. Exterior elevations, renderings
depictihg the exterior materials to be used, and a list of exterior
materiJls relating to all buildings and other structures proposed in the
area sJbject to Architectural Design, Exterior Lighting, Landscaping
and Siknage approval, together with Plans, shall be submitted to the
Commission in order to better define the intent of the proposed
development. The architectural design should reflect a unified design
which IS in character and proper relationship with the surrounding area.
Unless I required by the Commission, this Section shall not apply to
detached, single-family residences.
Site Plln.
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7.
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i.
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ii.
(a)
Location of special and general easements for public or
private use;
Building setback lines;
Building coverage;
Building separation.
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(b)
(c)
(d)
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c.
Signage.
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Sign Plan. All exterior signage proposed to be located in the
development, subject to approval and obtaining of a Sign Permit prior
to erection under the requirements of the Sign Ordinance, shall be
shown land conformance or nonconformance with said Ordinance shall
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be so noted.
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Landscaping. I
i. I ,and~('~pe Plan. A detailed plan of the existing and proposed
landscJping showing location, kind and caliper measurement size of
,
trees, s,hrubbery and screening materials, as appropriate and required
by the Plan Commission.
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Chapter 24: Development Plan and Architedtural Design, Exterior Lighting, Landscaping & Signage
I 24-6
as amendedlper Z-365-01; Z-453-04
Summer 2004 vI
b.
Utilities.
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CITY OF CARMEL ZONING ORDINANCE
e.
Exterior Lighting.
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2.
3.
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Lighting Plan. Specifics are required concerning the easements,
locations, size, height, type, intensity and illuminance of proposed
street and outdoor lighting.
The nature and intensity of uses in the development.
Other information considered appropriate by the legislative body.
i.
a.
Covenant'l, Conditions & Restrictions. A list of the covenants, conditions, and
restrictions, if any, which will run with the land and affect the use of the
property within the area subject to Architectural Design, Exterior Lighting,
Landscaping and Signage approval. The approved covenants shall be recorded
with the Recorder of Hamilton County, Indiana.
Other Construction Plans. Other specific Construction Plans shall be submitted
as necessary detailing information on, but not limited to, streets, lighting,
sanitary sewer system, storm water drainage system, curbs and 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.
b.
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A. Development Plan.
24.99 Procedures for Submission and Review.
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2.
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Pre-Appliclltion Consultlltion with the Director.
Applicants shall meet with the Director to review the zoning classification of their site,
review the regulatory ordinances and materials, review the procedures and examine the
proposed use and development of the property. The Director shall aid and advise the
applicant in preparing his application and supporting documents as necessary.
Application.
a.
Director. The applicant shall submit to the Director:
i. Two (2) copies ofthe written application form;
ii.
Two (2) copies ofthe Existing Features & Site Analysis Plan;
Two (2) copies ofthe Development Plan;
iii.
b.
iv. As well as two (2) copies of all necessary supporting documents and
materials.
Techniclll Advisory Committee. The applicant shall submit the following to the
members of the Technical Advisory Committee (T AC):
i. One (I) copy of the written application form;
ii. One (1) copy ofthe Existing Features & Site Analysis Plan;
iii. One (1) copy of the Development Plan;
iv. As well as one (1) copy of all necessary supporting documents and
materials.
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Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage
24-7
as amended per 2-365-01; 2-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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c.
Initial Review 6fthe Application and Supporting Document!\ and Material!\.
i. Direct1r. Following the receipt of the written application,
Devel6pment Plan, and necessary supporting documents and/or
materi~ls, the Director shall review the materials for the sole purpose of
detemtining whether the application is complete and in technical
compl~ance with all applicable ordinances, laws and regulations.
I
Technical Adviso(}' rommittee. Following the receipt of the written
applic~tion, Development Plan, and necessary supporting documents
and/or! materials, the Director shall place the application on the agenda
I
ofthe reChnical Advisory Committee.
Suhmittal to the rommi!\!\ion.
I
If the materials submitted by the applicant are not complete or do not
comply with the necessary legal requirements, the Director shall inform
the applicant ofthe deficiencies in said materials.
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Unless and until the Director formally accepts the application as
complkte and in legal compliance, it shall not be considered as formally
filed f6r the purpose of proceeding to succeeding steps toward approval
as herJinafter set forth.
If the I materials submitted by the applicant are determined to be
complete and in compliance, the Director shall forward the materials to
the C~mmission. Within thirty (30) days of the formal acceptance of
the Development Plan application, the Director shall formally file the
1. I. b
app IcatlOn y:,
! Assigning a docket number;
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d.
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ii.
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(a)
(b)
(c)
3.
4.
Setting a date and time for a public hearing; and
Placing it upon the agenda of the Commission according to
the Commission's Rules of Procedure.
iii. The applicant shall file for each Commission member a copy of the
Existirlg Features & Site Analysis Plan, the Development Plan, and
Suppo?ing documents and/or materials pursuant to the Commission's
Rules of Procedure.
fees. See Section 29.06]
Puhlic Notice. The ap~licant shall be responsible for the cost and publication of the
required published legal notification of the public hearing. The applicant shall also
notify all interested parties and property owners as required by the Commission's Rules
of Procedure. I
Puhlic Hearing by the 'Commi!\sion. The conduct of the public hearing shall be in
accordance with the COrlunission's Rules of Procedure. Following the public hearing, the
Development Plan shall be reviewed by the Commission.
R.l:lli:w. The commiJsion shall review a Development Plan to determine if the
Development Plan: I
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the de~elopment requirements specified in the Zoning Ordinance.
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Chapter 24: Development Plan and Archite6tural Design, Exterior Lighting, Landscaping & Signage
I 24-8
as amended,per 2-365-01; 2-453-04
Summer 2004 v I
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CITY OF CARMEL ZONING ORDINANCE
Provides traffic control and street plan integration with existing and
planned public streets and interior access roads;
Provides adequately for sanitation, drainage and public utilities; and
Allocates adequate sites for all uses proposed, the design, character,
grade, location and orientation thereof being appropriate for the uses
proposed, logically related to existing and proposed topographical and
other conditions, and consistent with the Comprehensive Plan.
b. In determining whether approval shall be granted, the Commission may:
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Approval.
a.
c.
d.
e.
f
In determining whether approval shall be granted, the Commission shall
consider generally ifthe Development Plan:
i.
Creates and maintains a desirable, efficient and economical use of land
with high functional and aesthetic value, attractiveness and
compatibility of land uses, within the District and with adjacent uses;
Provides sufficient and well-designed access, parking and loading
areas;
ii.
iii.
iv.
v.
i.
Impose conditions on the approval of a Development Plan if the
conditions are reasonably necessary to satisfy the development
requirements specified in the Zoning Ordinance for approval of the
Development Plan.
Provide that approval of a Development Plan is conditioned on the
furnishing to the Commission of a bond or written assurance that:
ii.
Guarantees the timely completion of a proposed public
improvement in the proposed development; and
(b) Is satisfactory to the Commission.
(a)
iii.
Permit or require the owner of real property to make a written
commitment.
Time Limit. An approved Development Plan shall be valid for two (2) years
from the date of approval. Upon written application to the Director before the
expiration of said approval, and upon good cause shown, the Director may
extend the approval for a period not to exceed six (6) months.
If the Development Plan is substantially or materially altered in any way,
resubmission to the Commission is required.
If a Development Plan petition is denied, the Commission shall provide the
applicant with a written copy ofthe findings-of-fact, ifrequested.
and other matters relevant to review.
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Amendment.
a. Requirements. See Section 24.02.
b. Fees. See Section 29.06.
8.
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d.
e.
Public Notice. See SA (4).
Public Hearing. See SA(5).
Review. See SA(6).
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Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage
24-9
as amended per Z-365-01; Z-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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f. Approval. See F above.
g. and other matteJs relevant to review.
Architectuml Oesign, Exterior I,iJhting, I ,andscaping & Signa~.
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Pre-Application Consult~tion with the Oirector.
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Applicants shall meet with the Director to review the zoning classification of their site,
review the regulatory ordinances and materials, review the procedures and examine the
proposed use and devel6pment of the property. The Director shall aid and advise the
applicant in preparing hi~ application and supporting documents as necessary.
Application. I
a. Oirector. The a~plicant shall submit to the Director:
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Two (2:) copies of the written application fonn;
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Two (2? copies ofthe Existing Features & Site Analysis Plan;
Two (2:) copies ofthe Exterior Elevations and/or Renderings;
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Two (2:) copies ofthe Lighting Plan;
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Two (2') copies of the Landscape Plan;
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Two (2') copies of the Signage Plan;
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As well as two (2) copies of all necessary supporting documents and
materi~ls.
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Technical Advi~01}' Committee. The applicant may be required to submit the
following to thelmembers of the Technical Advisory Committee (T AC):
i. One (1) copy of the written application fonn;
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One (1) copy of the Existing Features & Site Analysis Plan;
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One (I) copy ofthe Exterior Elevations and/or Renderings;
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One (1) copy ofthe Lighting Plan;
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One (1) copy ofthe Landscape Plan;
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One (1) copy ofthe Signage Plan;
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As well as one (1) copy of all necessary supporting documents and
materi~ls.
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Initial Review of the Application and Supporting Oocuments and Materials.
i. OirectJ. Following the receipt of the written application, Plans, and
necess~ supporting documents and/or materials, the Director shall
review!the materials for the sole purpose of detennining whether the
application is complete and in technical compliance with all applicable
ordin~ces, laws and regulations.
Technibal Advis01}' Committee. Following the receipt of the written
application, Plans, and necessary supporting documents and/or
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materials, the Director shall place the application on the agenda of the
Technibal Advisory Committee.
Suhmittal to thelCommission.
i. If the ~aterials submitted by the applicant are not complete or do not
I
Chapter 24: Development Plan and Architecbral Design, Exterior Lighting, Landscaping & Signage
I 24-10
as amended 'Per Z-365-01; Z-453-04
Summer 2004 vI
B.
1.
2.
b.
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d.
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o
ii.
iii.
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iv.
v.
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vi.
vii.
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iii.
o
iv.
v.
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vi.
vii.
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ii.
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CITY OF CARMEL ZONING ORDINANCE
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ii.
comply with the necessary legal requirements, the Director shall inform
the applicant ofthe deficiencies in said materials.
Unless and until the Director formally accepts the application as
complete and in legal compliance, it shall not be considered as formally
filed for the purpose of proceeding to succeeding steps toward approval
as hereinafter set forth.
If the materials submitted by the applicant are determined to be
complete and in compliance, the Director shall forward the materials to
the Commission. Within thirty (30) days of the formal acceptance of
the Architectural Design, Exterior Lighting, Landscaping and Signage
application, the Director shall formally file the application by:
(a) Assigning a docket number;
(b) Setting a date and time for Commission review; and
(c) Placing it upon the agenda of the Commission according to
the Commission's Rules of Procedure.
iii.
. The applicant shaH file for each Commission member a copy of the
Existing Features & Site Analysis Plan, the Plans, and supporting
documents and/or materials pursuant to the Commission's Rules of
Procedure.
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4.
3. Eees. See Section 29.06.
~. The Commission shall review an ADLS to determine ifthe ADLS:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development requirements specified in the Zoning Ordinance.
Approval.
a. In determining whether approval shall be granted, the Commission shall
consider generally if the Architectural Design, Exterior Lighting, Landscaping
and Signage:
i. Creates and maintains a desirable, efficient and economical use of land
with high functional and aesthetic value, attractiveness and
compatibility ofland uses, within the District and with adjacent uses;
ii. Provides sufficient and well-designed access, parking and loading
areas; and
iii. Allocates adequate sites for all uses proposed, the design, character,
grade, location and orientation thereof being appropriate for the uses
proposed, logically related to existing and proposed topographical and
other conditions, and consistent with the Comprehensive Plan.
In determining whether approval shall be granted, the Commission may:
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5.
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b.
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Impose conditions on the approval of an Architectural Design, Exterior
Lighting, Landscaping and Signage if the conditions are reasonably
necessary to satisfY the development requirements specified in the
Zoning Ordinance for approval of the Architectural Design, Exterior
Lighting, Landscaping and Signage.
Permit or require the owner of real property to make a written
commitment.
ii.
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Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage
24- II
as amended per Z-365-01; Z-453-04
Summer 2004 v I
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CITY OF CARMEL ZONING ORDINANCE
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b.
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Time I.imit. Ah approved Architectural Design, Exterior Lighting, Landscaping
and Signage s~all be valid for two (2) years from the date of approval. Upon
written application to the Director before the expiration of said approval, and
upon good cau~e shown, the Director may extend the approval for a period not
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to exceed six (6) months.
If the Architec~ral Design, Exterior Lighting, Landscaping and/or Signage is
substantially o~ materially altered in any way, resubmission to the Commission
is required. i
and other matters relevant to review.
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Requirements.lsee Section 24.03.
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Fees. See Section 29.06.
Review. See .9'1(6).
Approval. See 1.9'7 above.
and other mattJrs relevant to review.
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Authority. The Commission may hear, review and determine appeals taken from any
order, requirements, dedision or determination made by a Hearing Officer or Committee
authorized to approve th~ Development Plan or any portion thereof.
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Filing Deadline. All appeals shall be filed with the Director within thirty (30) days of the
action to be appealed. i
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,
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Commltation with the Director and Application. Appellants shall meet with the
Director in order to examine the nature of the proposed appeal, review the
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regulatory ordinances and materials, and review the appeal procedures. The
Director shall laid the appellant in preparing his application and supporting
documents as riecessary. The appellant shall then submit two (2) copies ofthe
written applicaiion form and all necessary supporting documents and materials.
Initial Review bfthe Application and Supporting Documents and Materials by
the Director; Suhmission to the Commission. Following the receipt of the
written appeal ~pplication and necessary supporting documents and materials by
the Director, he shall then review the materials solely for the purpose of
determining whether the application is complete, is in technical compliance with
all applicable 6rdinances, laws and regulations and is to be forwarded to the
Commission. Ifthe materials submitted by the appellant are not complete, or do
not comply with the necessary legal requirements, the Director shall inform the
appellant of thb deficiencies in his materials. Unless and until the Director
formally accepts the appeal application as complete and in legal compliance it
shall not be cortsidered as formally filed for the purpose of proceeding to the
succeeding ste~s toward Commission consideration of the appeal as hereinafter
I
set forth. The application is formally filed when it is placed upon the
Commission agenda by the Director according to the Commission's Rules of
Procedure. I
Puhlic Hearing' by the Commission. Once the Director has accepted and filed
the appeal application with the Commission, he shall assign a docket number
and set a date and time for a public hearing as required by the Rules of
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c.
d.
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e.
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6.
Amendment.
a.
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c.
d.
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e.
c.
Appeals.
I.
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2.
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3.
A ppeal Procedure.
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a.
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b.
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D
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c.
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Chapter 24: Development Plan and Architebtural Design, Exterior Lighting, Landscaping & Signage
I 24-12
as amendeq per Z-365-01; Z-453-04
r~ 2004 ,]
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CITY OF CARMEL ZONING ORDINANCE
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4.
Procedure of the Commission. The appellant shall be responsible for the cost
and publication of the required published legal notification of the public
hearing. The appellant shall also notity all interested parties and property
owners as required by the Rules of Procedure of the Commission. The conduct
of the public hearing shall be in accordance with the Commission's Rules of
Procedures.
d. Approval or Oenilll of the Appelll hy the Commi!;!;ion. Following the public
hearing on the appeal, the Commission shall approve, approve with conditions,
or deny the appeal. In exercising its powers, the Commission may reverse or
affirm, wholly or partly, or may modity the order, requirement, decision or
determination appealed as in its opinion ought to be done on the premises, and
to that end shall have all the powers of the Hearing Officer or Committee from
whom the appeal is taken. Upon reaching a decision on the appeal request, the
Commission shall enter into its records the reasons for its decision and shall
provide the appellant with a copy of said reasons, if requested. The
Commission shall inform the Director and the appellant of its decision,
including all conditions contained as a part thereof. All further actions taken by
the appellant or the Director concerning the item that was appealed, including
the issuance of Improvement Location Permits, shall be subject to said ruling of
the Commission.
Stay of Work.
When an appeal from Hearing Officer or Committee has been filed with the Commission,
all proceedings and work on the premises upon which the appeal has been filed shall be
stayed unless Hearing Officer or Committee from whom the appeal was taken shall
certity to the Commission that, by reason of facts stated in the certificate, a stay would
cause immediate peril to life or property. In such case, proceedings or work shall not be
stayed except by a restraining order which may be granted by the Commission or by a
court of competent jurisdiction, on notice to Hearing Officer or Committee from whom
the appeal is taken and the owner or proprietor of the premises affected and on due cause
shown. After the owner, his agent and/or a person or corporation in charge of the work
on the premises affected has received notice, the Director shall have full power to order
such work discontinued or stayed and to call upon the police power of the City or County
to give full force and effect to the order.
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Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage
24-13
as amended per 2-365-01; 2-453-04
Summer 2004 vI
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CITY OF CARMEL ZONING ORDINANCE
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Ordinance No. Docket No. Cohncil Approval Effective Date Sections Affected
I
Z-365-01 76-01a OA Nov~mber 5 2001 November 27 2001 24.02.04
Z-453-04 150-02 OA Au~st 16,2004 August 16,2004 Repealed Ch. 24;
I Adopted as DP/
I ADLS Regulations
I Summer 2004 vi
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CHAPTER 24: PLANNED DISTRICT REGULATIONS
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AMENDMENT LOG
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Chapter 24: Development Plan and Architehtural Design, Exterior Lighting, Landscaping & Signage
I 24-14
as amendeq per Z-365-01; Z-453-04
Summer 2004 vi
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