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HomeMy WebLinkAboutZ-410-03 PUD Riverview Medical Park '" ; . ,~ o ".U" '. Sponsor: Councilor Wayne WDSOD ORDINANCE NO. Z-410~03' /' AN ORDINANCE OF THE COMMON COUNCIL OF THE .' CITY OF CARMEL, INDIANA ESTABLISHING THE RlVERVIEW MEDICAL PARK PLANNED UNIT DEVELOPMENT DiSTlUCT . " " WHEREAS, Section 24 of the Cannel/Clay Zoning Ordinance Z-160 (the "Carmel/Clay Zoning Ordinance') provides in its Section 24, for the establishment of a Planned Unit . Development District in accordance with the requirements oflC. * 36~7~4-1500 et seq.; WHEREAS, the Cannel/Clay Plan Commission (the "Commission') has given a favorable recommendation to the ordinance set forth herein (the "Ordinance') which establishes the Riverview Planned Unit Development District (the "District'). NOW, THEREFORE, BE IT ORDAINED by the Common C01JD.cil of the City 'of Cannel, Indiana (the "Council''), that (i) pursuant io IC *36-7-4-1500 et seq., this Ordinance is adopted as an amendment to the Carmel/Clay Zoning Ordinance, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, and (iii) this Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section I Aoplicability of Ordinance: .' . . Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Cannel/Clay Zoning Ordinance, is hereby changed to designate the land descnoed in Exhibit 'A' (the "Real Estate'') as a Planned Unit Development District, to be known as Riverview Medical Park (Riverview). . Section 1.2 Development in the Planned Unit Development District shall be governed entirely by (i) the provisions of this Ordinance, and (ii) those provisions of the Cannel/Clay Zoning Ordinance specifically referenced in this Ordinance. . The provisions of this Ordinance shall govern in the event of a conflict between this Ordinance and the Cannel/Clay Zoning Ordinance. . Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carm'el/Clay Zoning Ordinance in effect on the date of the enac1ment of this Ordinance. . 2 -~ Q o I Section 2 Permitted Primary Uses: AttaChed hereto and incorporated herein by reference as Exhibit ''B" is a conceptual plan (the "Conteptual Plan'') showing the division of the Real Estate into Parcell, parcel 2, and Parcel 3. Permi~ primary uses are as follows: Section 2.1 Parcel 1 primary ~ses are clinics; medical health centers; medical laboratories; medical, dental and optical offices. -I Section 2.2 Parcel 2 primary hses are clinics; medical health centers; medical laboratories; medical, dental and optical offices. I I Section 2.3 Parcel 3 primary uses are clinics; medical health centers; medical laboratories; medical, dental and optical offices; general offices; :tiD.ancial institutions; banks; credit unions. - I _ Section 3 Accessory Buildings and Uses: Accessory Structures and Accessory Uses shall be permitted, except that any detached accessbry Building shown in any Preliminary Development Plan shan have, on all sides, the same architectural features or shall be architecturally compatible with the principal Building(s) with which it is associated. I Section 4 Communication Equipment: Cell towers shall not be permitted. Communications equipment, as required by the Building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be! architecturally compatible with the Building(s) with which it is associated. Section 5 Platting:: The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the area requirements set forth below in Section 6. However, the development of any parcel shall conform to all Preliminary Development Plans and Final Development Plans which are approved or ~ended per the terms of Section 12.3 below, and all other applicable requirements contained in this Ordinance. Section 6 Height and Area Requirements: ~ Section 6.1 Maximum Building Height: The maximum Building Height shall be twenty- eight (28) feet except for the entry tQwer on what is identified on the Conceptual Plan as the Carepoint Immediate Care Center, which shall be a maximum height of thirty-five (35) feet. All Buildings shall have sloped roofs and no more than one (1) floor capable of being occupied, excluding basements. Section 6.2 Minimum Set Back: The minimum Set Back from the east boundary line of the Real Estate shall be one hundred fifty (150) feet, the minimum Set Back from south boundary lineof the Real Estate shall be thirty-five (35) feet and the minimum set back from the west boundary line of the Real Estate shall be forty (40) feet. The minimum set back from the north boundary line of the Real Estate shall be fortY (40) feet; provided, however, that (i) the Building located closest to 146th Street on Parcell shall be set back no more than twenty-five (25) feet' from the southern boundary line of 146th Street, 3 ~ , " Q o (ii) the Building located closest to 146th Street on Parcel 2 shall be set back no more than twenty- five (25) feet from the southern boundary line of 146th Street, and (Hi) the Building located on Parcel 3 shall be set b'ack no more than sixty (60) feet from the southern boundary line of I 46tb Street. . Section 6.3 Minimum Buildine: Seoaration. The minimum Building distance betWeen Buildings, measured from the exterior face of the foundation, shall be twenty (20) feet. Section 6.4 Minimum Side Yard. The minimum side yards between Parcel I, Parcel 2 and Parcel 3 shall be ten (10) feet. Parking areas, pavement, drives, sidewalks and similar structures may exist in side yards. Section 6.5 Architectural Design Requirements: A. Suitability of Buildine: Materials: A minimum of three materials shall be used for Building exteriors, from the foilowing list: stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal, wood, and. EIFS. At least 70% of the Building materials, exclusive of roofs, doors, windows, and gables, shall be brick, block, and/or stone. B. Roof Design: Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or donner. Roof slopes may vary from a minimum of 12 horizontal to 4 vertical, to a maximum of 12. horizontal to 12 vertical. .. C. Design V ocabu1~ All Buildings shall be designed using the same design vocabulary including, without limitation, Building materials, colors, and proportions. Section 6.6 Maximum Number ofBuildirigs and MaXimum Gross Floor Area: A. Parcell. No more than two (2) Buildings shall be located on Parcell. No Building on Parcel 1 shall exceed twenty thousand (20,000) square feet of Gross Floor Area, excluding the floor area of any Accessory Structure(s). All Buildings on Parcell, together, shall not exceed thirty-nine thousand (39,000) square feet of Gross Floor Area. Basements are pennitted in all Buildings, but (i) the square footage of basements shall be excluded in determining Gross Floor Area and (ii) baSementS. shan be used for storage only. B. Parcel 2. No more than two (2) Buildings shall be located on Parcel 2. No Building in Parcel 2 shall exceed thirty thousand (30,000) square feet of Gross Floor Area, excluding the floor area of any Accessory Structure(s). All Buildings in Parcel 2, together, shall not exceed thirty thousand 4 Section 7 Q o (30,000) square feet of Gross Floor Area. Basements are pennitted in all Buildings, but (i) ~e square footage of basements shall be excluded in detennining Gross !'iloor Area and (ii) basements shall be used for storage only. C. Parcel3. No more than one (1) Building shall be located on Parcel 3. The Building shall not exceed eight thousand (8,000) square feet of Gross Floor Area, excluding the floor area of any Accessory Structure(s). Basements are pemlitted in all Buildings, but (i) the square footage of basements shall be excluded in detennining Gross Floor Area and (ii) basements shall be ~ed for storage only. I Landscaping Requirements: i Section 7.1 Areas to Be Landscaped: A. 146th Street Buffer Yard 1. The 146th street Buffer Yani shall be twenty-five (25) feet in width along that portion of the real estate contiguous with 146th Street. The purpose I of the 146th Street Buffer Yard is to improve the streetscape wjth a landscaped green area adjacent to 146th Street. . I 2. The .landscaping m. the 146th Street Buffer Yard shall include, within each one hundred (100) foot increment, (i) four (4) shade trees and (ii) thirty (30) shrubs. Evergreen trees may be substituted .. for shade tre~ and, for each two (2) evergreen trees planted, one (1) fewer smide tree will be required Where the area between 146th Street ~d the north elevation of Buildings, located on Parcel 1 and Parcel 2 closest to 146th Street; is uninterrupted by driveways, <4ive aisles, and parking, the Building Foundation Plantings (deScribed below) shall also qualify as and count toward to 146th Street Buffer Yard planting requirements. B. Hazel Dell Parkway Buffer Yani. 1. The Hazel Dell Parkway Buffer Yard shall be fifteen (15) feet in width along that portion of the real estate contiguous with Hazel Dell Parkway. The purpose of the. H~l Dell Parkway Buffer Yard is to improve the streetscape with a landscaped green area adjacent to Hairel Dell Parkway. . 2. The landscapiP.g in the Hazel Dell Parkway Buffer Yard shall include, within each one hundred (100) foot increment, (i) thirty (30) shrubs except in the area of the Hazel Dell Parkway Buffer 5 o o Yard south of entrance from Hazel Dell Parkway shown on the Conceptual Plan and (ii) four (4) shade trees. Evergreen trees may be substituted for shade trees and, for each two (2) evergreen trees planted, one (1) fewer shade tree will be required. C. South Buffer Yard. 1. The South Buffer Yard will be fifteen (15) feet in width along that portion of the real estate contiguous with the southem boundary of the real estate. The pwpose of the South Buffer Yard is to provide a transition to residential use. 2. The landscaping within the South Buffer Yard shall include, within each one hundred (100) foot increment, (i) five (5) shade trees, (ii) five (5) ornamental trees, and (ill) twenty"seven (27) shrubs. Evergreen trees may be substituted for shade trees and, for each two (2) evergreen trees planted, one (1) fewer shade tree will be required. D. East Buffer Yard. 1. The East Buffer Yard will be one hundred twenty (120) feet in width along that portion of the real estate contiguous with the eastern boundary of the real estate. The purpose of the East Buffer Yard is to provide a transition to residential use. 2. The landscaping within the East Buffer YanI shall include, within each one hundred (100) foot increment, (i) five (5) shade trees, (ii) five (5) ornamental trees, and (iii) twenty"seven (27) shrubs. Evergreen trees may be substituted for shade trees and, for each two (2) evergreen trees planted, one (1) fewer shade tree will be required. Evergreen trees may be substituted for ornamental trees at a ratio of one (1) evergreen tree per one (1) ornamental tree (1 : 1). Evergreen trees may also be substituted for shrubbery at a ratio of three (3) shrubs per one (1) evergreen tree (3:1). Existing trees may be substituted for required trees. E. Buildine: Foundation Plantin~. Each Building will have' four elevations; namely, a north elevation, a south elevation, an east elevation, and a west elevation: 1. Fifty (50) percent of the length of three of the four elevations shall be occupied by shrubs, all of which will be planted within ten (10) feet of the applicable elevation; 6 o '" o 2. In addition, Shade trees, ornamental trees or evergreen trees will be planted within thirty (30) feet of each. Building, in areas and . groupings detennined by the developer. The number of required trees shall be equal to the totallinea1 feet of the perimeter of the Building divided by fifty (50). 3. The plantin~ within the I46tb Street Buffer Yard shall be credited against any plantings required adjacent to the north elevation of the Buildings on Parcell, Parcel 2, and Parcel 3 which are closest to 146tb Street. F. Internal Parking Lot. Landscaping internal to parking lots shall occur at any combination of planting islands, planting peninsulas, and entrance ways; and G. Perimeter Parking Lot. Perimeter parking landscaping shall exist alon! the perimeter of the parking lot, except in those areas adjacent to the 146 Street Buffer Yard, the South Buffer Yard, and the Hazel Dell Parkway Buffer Yard. In e~h 100' segment of the perimeter parking lot to be landscaped, perim.et~ parking lot landscaping shall consist of twenty-four (24) shrobs and either (i) three (3) evergreen trees or three (3) ornamental trees, or (ii) four (4) shade trees. Section 7.2 Landscaping Standards. All plants proposed to be used in accordance with any landscaping plans shall meet the following specifications: A Shade Trees. A minimum trunk diameter of two and one-half (2-112) inches at six (6) inches above ground line, a minimum height of eight (8) feet, and a branching height of not less than one-thlrd (1/3) nor more than one-half (1/2) of the tree height; B. Ornamental Trees. A minimum trunk diameter of one and one-half (1 :.112) inches at six (6) inches above ground line; and C. Shrubs. Shrubs shall be twenty-four (24) inches at height at planting. Section 7.3 Conceptual Landscape Plan. The Conceptual Landscape Plan is intended to illustrate the foregoing landscape requirements (i) for Parcell, (ii) the Southern Buffer Yard, and (iii) the Eastern Buffer Yam. The balance of the landscaping, not illustrated on the Conceptual Landscape Plan, s~l comply with the foregoing written standafds, and shall be considered with an applicati;on made for ADLS approval. 7 I, o Q Section 7.4 Landscat>ing Installation and Maintenance: A. Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the City. IT it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the temporary Certificate of Occupancy. B. Maintenance: It shall be the responsibility of the oWners and'their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the Development Requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable'substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. , C. Chane:es After A,p,prova1: No landscaping which has been approved by the Commission may later be materially altered, eliminated or Sacrificed" without first obtaining further Commission approval. However, Minor Alterations in landscaping may be approved by the Director in order to conform to specific site cOnditions. D. Inspection: The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan'on file. Section 7.5 Initial Landscaning: Landscaping within all Bufferyards shall be installed during the first phase of construction/development. Section 8 Parkine: Requirements: Section 8.1. The number of Parking Spaces required shall be one (1) Parking Space per three hundred (300) square feet of Gross floor Area. Section 8.2. There shall be an appropriate number of parking spaces, accessible to the Building( s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. Section 9 Lie:hting Reauirements: Section 9.1. A site lighting plan shall be submitted to the Commission along with the infonnation and other plans for ADLS. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 8 o o A. Parking lot and service/storage area lighting; I B. Architectural, display lighting; I . C. Security lighting; and I D. Landscape lighting.: Section 9.2. All site lighting shall be coordinated throughout the Real Estate and be of uniform design, color and materials. Section 9.3. The height oflight standards shall not exceed twenty (20) feet including the foundation or the base. The base o~ the pole shall not exceed two (2) feet in height. Section 9.4. All exterior and street area lighting fixtures shall. be of the "shoebox" variety, which directs light downward. Any parking lot lighting or Building lighting illumination emanating from the Real Estate shall not exceed (i) 0.1 foot candle at the east and south boundary lines, ~d (ii) 0.3 foot candles along all other perimeter boundaries of the Real Estate. Section 10 Signs Section 10.1. Wall SiQ11s - Parcelll. Unless revised pursuant to ADLS amend approval and any required developmental standards variances, wall signs for Buildings on Parcel 1 shall be as follows: ' A. Number & Tvpe: The maximum number of identification signs permitted shall be three (3) wall signs for each Building. I B. Maximum Sim Ar~: 45 square feet for each sign on what is identified on the Conceptual Plan as the Carepoint Immediate Care Center, and 50 square feet for each: sign on what is identified on the Conceptual Plan as the Medical Office Suildfug.. I C. . Location: The signs I shall be located on the front of each Building. For location purposes ofl this Section 10.1, the front location of each Building shall be the north an~ west elevations of Buildings on Parcell., D. Design.: All walls signs shall consist of individual letters and/or logo. ! E. Illumination: Internally illuminated. F. Sign Permit: Required. I G. Fees: Required. . 9 ; . o o Section 10.2. Wall Signs - Parcel 2 and Parcel 3: Unless revised pursuant to ADLS amend approval and any required developmental standards variances, signs on Buildings on Parcel 2 ~d Parcel 3 shall be per the terms of the sign provisions of the Cannel/Clay Zoning Ordinance. Section 10.3. Center Identification Sign: A. Number: Two (2). B. Maximum Sign Area: Thirty (30) square feet. C. Maximum Height of Sign: Six (6) feet to top of sign area. D. Location: As pennitted by ADLS approval; provided, however, that Center Identification Signs shall be set back at least ten (10) feet from the right-of-way and shall be within thirty (30) feet of the entrance. E. Desigq: Signs shall comply with the approved architectural scheme of the Buildings, and must be of a similar design, lighting and style of construction. All signs shall have the same background and white letters, unless otherwise approved by the Plan Commission. There shall be a minimum of three (3) tenants per signs, and a maximum of five (5) tenants per sign. Each tenant shall have equal space and may change only the horizontal line. F. illumination: Internally illuminated. G. Landscaping: Sign shall be accompanied by a landscaped area at least equal to the total sign area. H. 81m Permit: Required. I. Fees: Required. Section 10.4. Other Provisions. Section 25.7.01' - "General Provisions", and 25.7.06-25.7.09 - "Legal Non-Confonning Signs, 'Sigil Peni1its, VarianCe, and Administration and Enforcement", of the Carmel/Clay Township Sign Ordinance Z-302, are also incorporated by reference. Section 11 Other ADLS R~uirements Section 11.1 Outside Storae:e of Refuse or Merchandise: No outside, unenclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within (i) separate Accessory Structure(s) the exterior building 10 I. o o materials of which shall be bri~k, or (ii) the Building(s). Any separate Accessory Stnlcture designed for refuse stprage shall be architecturally compatible with the Building( s). Section 11.2 Mechanical Eauipment: Any mechanical equipment visible from an adjoining street shall be screened with suitable walls and landscaping and in general be architecturally compatible with theIBuilding(s) with which it is associated. Section 12 AUDroval Process: Section 12.1 ADLS and Preliminarv DevelQpment Plan Approval for Parcel 1. The Conceptual Plan constitutes the Preliminary Development PI~ for Parcell. The architecture, desi~ lighting and 1aD.dscaping for Parcel 1 and the imrpovements thereon, considered in connection with the Ordinance, do not require any further (i) ADLS approval or (ii) Development Plan 'approval other than Final Development Plan approval per the procedure set forth below 'in Section 12.3; provided, however, that signage for Buildings on Parcell shall require iADLS approval by the Commission's Special Studies Committee, only. If there is a I Substantial Alteration in the approved ADLS and Development Plan, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations and Material Alt~tions may be approved by the Director. Section 12.2 ADLS ADl>roval for Parcel 2 and Parcel 3 and Improvements thereon: I A. The Commission shau consider an ADLS approval petition for the I . architecture, desi~, lighting, landscaping and signage of any improvement to Parc~l 2 or Parcel 3. I B. The ADLS approval request shall be a specific plan consisting of the architectural design of any Buildings, landscaping, lighting, and signage I . for any improvement, to Parcel 2 or Parcel 3. I C. The Commission sh~ approve the ADLS with or without conditions, or disapprove the ADU? I D. If there is a Substan~al Alteration in the approved ADLS plans, revieW and.approval of the amended plans by the Commission shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations and Material Alterations may be approved by the Director. 11 I, o (j E. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation. imposed by this Ordinance or approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 12.3 ADDroval or Denial of the DeveloDment Plan for Parce12 and Parcel 3: A. The Commission shall consider and approve, with or without conditions, or disapprove the Preliminary Development Plan for Parcel 2 and Parcel 3. B. The Director shall approve, with or without conditions, or disapprove the Final Development Plan (FDP) for Parcel 2. and Parcel 3; proVided, however, the Director shall not unreasonably withhold or delay hislher approval of a FDP that is in substantial conformance with the Development Plan approved by the Commission and the requirements of this Ordinance. If the Director disapproves the FDP for Parcel 2 or Parcel 3, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for hearing before the Commission. C. An amendment to a FDP which does not alter the use of any land may be reviewed and approved by the Director. D. The FDP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval by the Director showing proposed facilities and structUres, parking, drainage, erosion control, utilities and Building information. Section 13 Definitions and Rules of Construction: Section 13.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present C. The word "shall" is a mandatory requirement. The word '~ay" is a permissive requirement. The word "should t. is a preferred requirement. 12 ; . o o Section 13.2 Defiiritions. A. Accessory Structure:. A structure subordinate to a Building or use located on the Real Estate which is not used for permanent human occupancy. B. Accessory Use: A Use subordinate to the main use, located on the Real Estate or in the san19 Building as the main use, and incidental to the main use. C. Alteration. Material: I Any change to an approved plan of any type that involves the substitutiion of one material, species, element, etc. for another. I D. Alteration. Minor: Any change to an approved plan of any type that involves the revision'ofless than ten percent (10%) of the plan's total area or approved materials. I I . E. Alteration. Substantial: Any change to an approved plan of any type that involves the revision.often percent (10%) or more of the plan's total area or approved materialS. I F. Buffer Yard: All Buffer Yards shall be unoccupied, except for grass, plant materials, sidewalks, driveway cuts, lakes, ponds, retention and detention areas, road cuts, entrances, steps, walks, terraces, bike paths, lighting structures, and other slmilar structures. I G. Buildin2: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. ! I H. Building Hei2h.t: The vertical distance from the ground level at the main entrance to the mean height between eaves and ridges for gable, hip and gambrel roofs. 1. City: The City of C~el, Indiana. J. Commission: The CanneVClay Plan Commission. K.. Council: The City CoUncil of the City of Carmel, Indiana. I L. County: Hamilton Co~ty, Indiana. I M. Develo'Dment Plan. Preliminary: A specific plan for the development of real property that. i~ submitted for Commission approval showing proposed facilities, B~ildings and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, 13 ; . (.) o oj ;.,. screening and Buildings information for a site. A development plan may include only parcels that are contiguous and not separated by the right-of- way of any highway in the state highway systein. I N. Development Requirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a Development Plan. O. Director: Director, or Administrator, of the Department of Community Services for the City of Cannel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. P. Footcandle: A unit of illumination. It is equivalent to the i1Iwnination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. Q. Gross Floor Area (Construction Area): The floor area, as measured by the face of the exterior Building material. Gross Floor Area shall not include the floor area of any basements. R Landscaping:' The improvement of the' Real Estate with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. S. Parking Space: An area having a rectangular area of not less than one hundred eighty (180) square feet and a minimum width of nine (9) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile. T. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. U. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". V. Rie:ht-of-Wav: An area of land permanently dedicated to provide light, air and access. W. Setback: The least measured distance between a BUilding or structure and the perimeter boundary of the Real Estate. For purposes of deten:i1ining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and 14 o o (ii) shall not be changed or reduced by reason of the platting or I subdivision of the Real Estate into smaller parcels. I x. Sim: Any type of ~ign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as I amended. · i Y. Story: That part olf any Building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that ~art of the Building comprised between the level of the highest finished floor and the top of the roof beams. ! z. Street: A right-of-way, other than an alley, dedicated and accepted, or otherwise legally es~blished for public use, usually affording the principal means of access to abutting property. I AA. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect iwaste receptacles from view and to prevent waste debris from dispersing outside the enclosure. , BB. Use: The employmbt or occupation of a Building, structure or land for a person's service, benefit or enjoyment. I Section 14. Violations. All violations of this Ordinance shall be subject to Section 34.0 of the CarmeVClay Zoning Ordinarlce. . , . PASSED by the Common Council of the City of Carmel, Indiana this 4-#\ day of .7\tJC)u~,.- .2003, by a vote of ..5 ayes and 2 nays. . I i COMMON COUNCIl!. FOR THE CITY OF CARMEL.' ( : ~_ G~/ ~lding Officer '\ Cl yder, President Pro ~ca- O~ Ronald B. Carter IS .,J (.) u ATTEST: ~ me to the Mayor ~~ City of Canne~ Indianalhe".~day of , 2003, at (0.. o'clockjl.M.. Diana L. Cordiiy, lAMC, Clerk Tre Approved by me, Mayor of the City of Carmel, Indiana, this .2003, at o'clock_.M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Charles D. Frankenberger NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 IndianaPolis, IN 46280 16 o ......:;r::t;;.~~...,.... .:......,.. . .~'.., :': ~ .... . . .-r~ . ,,\V~,...:- ~,./,-:... ,.....,:.~ .............;::; . "" '. ~ .;.~ . ,:.,./ \~.. := ~~- -~'.~:~..,~'~' :~ ~~ ,\~fj;;~~. ..... "'~ .t':.'!) '-;"',. .... . . .. ..... ..... 0-r~~:: . o . f.::"~.}, '. -~ .~.:~ :"_ ...,; .J " .J ..... .... .... . ,'::; ......: .;.,:... ~-4"'. . ...... .... o o EXHIBIT" A" Legal Description Part of the Northwest Quarter of the Nc;>rthwest Quarter of Section 22, Township 18 North. Range 4 East, Hamilton COWlty, Indiana, more particularly described as follows: Commencing at the Northeast Comer of the Northwest Quarter of the Northwest Quarter of said section which comer bears North 90 degrees 00 minutes 00 seconds East (assumed bearing) a distance of 1314.90 feet from the Northwest Comer of said Quarter and South 90 degrees 00 minutes 00 seconds West a distance of 1314.90 feet from the Northeast comer of said Quarter; thence South 00 degree 07 minutes 24 seconds West along the east line of said Quarter Quarter a distance of74.16 feet to the southeast comer of a tract ofland described in Instrument Number 199909958424 in the Office of the Recorder of Hamilton County, said point also being to Point of Beginning; thence . continuing along said east line, South 00 degree 07 minutes 24 seconds West a distance of387.81 feet to a point that is North 00 degree 07 minutes 24 seconds East a distance of 200.00 feet from the Southeast comer of the North half of said Quarter Quarter; thence North 89 degrees 57 minutes 32 seconds West parallel with the south line of the north half of said Quarter Quarter a distance of 1235.33 feet to a point South 89 degrees 57 minutes 32 seconds East a distance of80.00 feet from the west line of said Quarter Section; thence North 00 degree 10 minutes 35 seConds East parallel with said west line a distance of360.83 feet; thence North 45 degrees 01 minutes 57 seconds East a distance of 56.96 feet to a point 60.00 feet south of the north line of said Section; thence North 90 degrees 00 minutes 00 seconds East parallel with said north line a distance of371.42 feet to the west comer of said land described in Instrument Number 199909958424; thence along the south line of said tract the following five courses: I)North 81 degrees 12 minutes 00 seconds West a distance of 66~ 12 feet to the point of curvature of a curve to the left having a radius of22,847.77 feet, the radius point of which bears North 01 degree 00 minute 00 second East; 2) thence Southeasterly along said curve a distance of 163.26 feet to a point which bears South 00 degree 35 minutes 26 seconds West from said radius point; 3) thence South 89 degrees 00 minutes 00 seconds East a distance of 492.42 feet; 4) thence North 85 degrees 13 minutes 46 seconds East a distance of 82.44 feet; 5) thence South 89 degrees 53 minutes 09 seconds East a distance 20.26 feet to the point of beginning, containing 11.09 acres, more or less. H:\Janet\Plum Creek\Legal Description 11.09 acres.doc i~ . e!!l=! ~"""i !~~"" .' !~i. .;'."~;,:~ ....~..;, 0' ~~;~! J?t:t'~:!i:;J:' .. E!dr r' '~'. ...... f r f?' .......~. .. .., ; :er~" l' ~ fj;' liiEfl : ; , s- f · I " z :0 .< m ~:D J~m SMfD < He s:: mm ~FO -:1J - ~~~ 6~r ~-o ~ ^ ~ i -t I I ...' ~..:._' .,.:. r ~IT _.."..,.a.. .." . o --:. ~.,._... .-.... j --," ........D",:. ! ~' . ! ~ I j J ~ ~ r; i l J' 1:. , I fi ..~ , '! . .' !h. i I / ., . i Ii -1;" ~~ , -. I ~; , '. - . n ., :!I- ~,~ is I :d o Q 'oj \, " CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETmON OF PLUM CREEK PARTNERS, LLC. . TO REZONE PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF 146TH STREET AND~AZl!:L. DELL.p AR,!{W. A. Y . .., .. .. PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-410-03 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Conunission. offers you the following report on the application (Docket No. 164- 02 Z) of plum Creek Partners, LLC petitioning the Commission for a favorable recommendation to rezone property generally located at the southeast comer of 1461h Street and Hazel Dell Parkway: The Cannel/Clay Plan Commission's recommendation on the petition oithe applicant is "FAVORABLE." At its regularly scheduled meeting of May 20, 2003, the Cannel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Conunon Council the proposed Ordinance No. Z-410-03 with a ~avorabl~ RecollllB,endation. . Please be advised that by virtue of the Plan Conunission's Favorable Reconunendation, pursuant to IC 36-7-4-608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Thursday, August 28, 2003. . .. - :J~;"~ilr1;i!r:' RECEIVED ,:.',,',':_.1. ')l~:\: . , . MAY 3 0 ~~ CARMEL CLERK _.__.. :i1.f.~~t:n~_L 2003..()S.29; z.410-03; Riverview PUD.rtf '4 ;! "