HomeMy WebLinkAboutDraft Ordinance Z-362-01
~'
. .
w
w
, \
EXHffiIT "Y"
Sponsor(s): Councilor Wilson
ORDINANCE No. Z-362-01
(25-01-Z)
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
ESTABLISHING THE
COLLEGE HILLS
Planned Unit Development District
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit
Development District in accordance with the requirements of IC ~36-7 -4-1500 et seq.; and
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Ordinance") which
establishes the College Hills Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC ~36-7-4-1500 et seq., it adopts this
Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full
force and effect from and after its passage, (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inconsistent with any provision of this Ordinance are hereby repealed, and (iii) this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.
CHAPTER 1.0 APPLICABILITY OF ORDINANCE.
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of
the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land
described in Exhibit A (the "Real Estate"), as a Planned Unit Development
District to be known as College Hills.
Section 1.2 Development in the Planned Unit Development District shall be governed
entirely by (i) the provisions of this Ordinance, (ii) those provisions of the
Carmel/Clay Zoning Ordinance specifically referenced in this Ordinance, and
(iii) the Commitments Concerning The Use And Development Of The Real
Estate attached hereto and incorporated herein by reference as Exhibit B.
In the event of a conflict between this Ordinance and the Carmel/Clay Zoning
Ordinance or the Sign Ordinance, the provisions of this Ordinance shall
apply.
i'
w
o
Section 1.3 Any term not defined herein shall have the meaning as set forth in the
CarmeUClay Zoning Ordinance, unless the context otherwise requires.
CHAPTER 2.0 PERMITTED USES.
Section 2.1 Permitted PrimarY Uses.
Office, Any Type; and
Uses permitted under the R-1 classification of the Zoning Ordinance for the City of
CarmeUClay Township, Indiana.
Section 2.2 Permitted Accessorv Uses and Structures. Accessory uses and' structures,
subordinate, appropriate and incidental to the above-permitted primary uses shall be
permitted, including trash enclosures, Automated Teller Machines (ATMs). and utilities.
The following accessory retail and service commercial uses shall be permitted within the
building(s}:
Cafeteria/Deli/Coffee Shop
Photocopying and Duplicating Services
The following accessory supportive service uses shall be permitted within the building(s}:
Conference Center
Fitness Center
Accessory uses, accessory retail, accessory service commercial, accessory supportive
services, or accessory structures, if utilized, shall:
A have as their primary purpose serving the occupants or employees of the
buildings; and,
B. have a total gross square footage for all accessory uses which does not
exceed 25,000 square feet.
Section 2.3 Communication Eauioment. 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.
-2-
;
w
o
CHAPTER 3.0 GENERAL PROVISIONS.
Section 3.1 Minimum Parcel Size. The College Hills PUD parcel shall have a minimum
size of fifteen (15) acres. This Section 3.1 does not, however, preclude the sale or other
transfer of any lot within the Real Estate after the approval of a DP for the parcel, provided
that any such lot is at least four (4) acres in size. However, the development of the parcel
must still conform to the DP for the Real Estate as approved or amended by the Director,
and all other applicable requirements contained in this Ordinance.
Section 3.2 Maximum Buildina Heiaht. For all uses, the maximum building height shall be
the lesser of (i) seventy-nine (79) feet plus an additional twenty-one (21) feet for a
penthouse and/or mechanical or utilitarian roof top appurtenances, or (ii) 5 stories plus an
additional twenty-one (21) feet for a penthouse and/or mechanical or utilitarian roof top
appurtenances.
Section -S.3 Minimum Buildina Heiaht. All uses, fourteen (14) feet, with a minimum of
twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof.
Section 3.4 Maximum Parcel Coveraae.
A Maximum Parcel Coverage of the Real Estate shall be sixty-five percent
(65%).
B. Maximum Floor Area Ratio (F.AR.) of the Real Estate shall be 0.70, with the
F.AR. being calculated by dividing the total gross floor area of all buildings
on the Real Estate by the area of the Real Estate.
Section 3.5 Architectural Desian Reauirements.
A Scale and proportion: All building facades, including doors, windows, column
spacing, and signage shall be designed using the Golden Section,
represented by the ratio 1:1.6 or 1.6:1, as a general guideline.
B. Suitability of building materials: A minimum of three materials shall be used
for building exteriors from the following list: stone, brick, architectural precast
(panels or detailing), architectural metal panels, glass, ornamental metal.
C. Building design: All buildings shall be designed with a minimum of eight
external comers, in order to eliminate monotonous box buildings, unless
otherwise approved by the Commission.
D. Roof design: Sloped roofs shall be a maximum of one hundred (100) feet
without a change in roof plane, or gable or dormer.
-3-
..
Q.)
o
E. Building penthouses: Building penthouses must be incorporated into the
building facade'design, including exterior materials specifi~tions.
Section 3.6 Other Requirements.
\...
A. Outside Storace of Refuse. No outside, unenclosed storage of refuse
(whether or not in containers) shall be permitted. All refuse shall be
contained completely within the building(s) or in separate accessory
structure( s). Any separate accessory structure designed for refuse storage
shall be archit~cturally compatible with the building(s).
B. Loadinc Berths. No loading or unloading berth or bay shall be visible from
any adjacent residential area.
.. - . ..C;- Mechanical Eauipment. Any mechanical equipment visible from an adjoining
street or highway shall be screened with suitable walls or fencing and in
general be architecturally compatible with the building(s) with which it is
associated. All HV AC equipment shall be located on the roof of the
building(s), and required screening shall include noise abatement features.
CHAPTER 4.0 SPECIFIC PROVISIONS.
Section 4.1 Minimum Buildinc Setbacks. The minimum building setbacks shall be
(a) 100 feetfrom the INDOT right-of-way, (b) 100 feet from the side property lines, and
(c) 200 feet from the South Section Line.
Section 4.2 Minimum Gross Floor Area.
A. All buildings shall have a minimum of fifteen thousand (15.000) square feet
of gross floor area, excluding the floor area of any accessory structure(s).
B. Accessory structures permitted need not meet the minimum floor area
requirement.
Section 4.3 Maximum Densitv. Maximum gross floor area for all buildings upon the Real
Estate shall be 420,000 square feet. No more than 5,000 square feet of such 420,000
square feet shall be allocated to a fitness center, and no more than 5,000 square feet of
such 420.000 square feet shall be allocated to a conference center.
-4-
..
Q.)
Q
Section 4.4 Landscapina Reauirements.
A. Landscape Plan. A Landscape Plan shall be submitted to the Commission
for its approval at the same time other plans {Le., architectural design,
lighting, parking and signage) are submitted. The Landscape Plan (1) shall
be drawn to scale, including dimensions and distances; (2) shall delineate all
existing and proposed buildings, structures, parking areas, walks, ramps for
handicapped, terraces, driveways, ground and monument signs, lighting
standards, steps or other similar structures; and (3) shall delineate the
location, size and description of all proposed landscape material and the
irrigation system for all planting areas. Landscape treatment for plazas,
roads, paths, service and parking areas shall be designed as an integral and
coordinated part of the Landscape Plan for the Real Estate.
B. Areas to be Landscaped.
1. Greenbelt:
a. A greenbelt shall be provided adjacent to the 96th Street right-
of-way and shall be a minimum of thirty (30) feet in width and
landscaped per the requirements of Section 4.4.C.
b. The greenbelt areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
standards, signs and other similar structures (excluding
parking).
2. Plantina Strip:
a. There shall be landscaped planting areas located adjacent to
the INDOT right-of-way and the side property lines which shall
be a minimum of ten (10) feet in width and landscaped
pursuant to Section 4.4.C hereof.
b. These landscaped areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
standards, signs, and other similar structures (excluding
parking).
3. Plantina Adiacent to Buildinas:
a. A planting area equal to an area measuring ten (10) feet in
depth shall be installed on all sides of the building(s).
-5-
~
u
Q
b. Outdoor terraces. sidewalks and driveways may be permitted
in these areas.
c. If an outdoor terrace. sidewalk or driveway cuts into a planting
area, the displaced area shall be an additional area added to
the building perimeter planting.
d. These additional adjacent planting areas need not be
rectangular in shape as long as the required amount of space
is landscaped. These additional adjacent planting areas may
abut an outdoor terrace area.
4.
Plantina Within Parkina Lots: A minimum of (a) one (1) shade tree
and five (5) shrubs or (b) two (2) shade trees shall be planted within
each parking lot island at a rate not less than eighteen (18) trees per
acre of parking. (See Section 4.4.C.1 for minimum planting area
requirements. )
5. Total Landscaoina Reauired: Inclusive of the greenbelts, the planting
strips, the planting adjacent to the building(s), outdoor terrace areas
and the planting within surface parking lots. a minimum of fifteen
percent (15%) of the Real Estate shall be landscaped.
C. Landscaoina Standards.
1. Interior Areas. The dimensions, specifications and design of any
planting area or planting median shall be sufficient to protect the
landscaping materials planted therein and to provide for proper
growth. The following minimum widths for interior planting areas shall
be used:
Canopy Trees: 9 feet wide
Ornamental Trees: 7 feet wide
Shrubs (only): 5 feet wide
2. Greenbelt. The greenbelt areas, as designated in Section 4.4.8.1.,
shall include a six to eight (6-8) foot undulating earthen berm which
shall resemble the berm on 96th Street fronting the Parkwood
Crossing development. On this berm there will be placed eight to ten
(8-10) foot tall conifers, spaced fifteen (15) feet on center, together
with five (5) ornamental trees and four (4) deciduous trees scattered
within every one hundred twenty (120) linear-feet of berm. The
-6-
~
o
deciduous trees shall have a minimum DBH of 2-3 inches. A sidewalk
shall be installed along the 96th Street frontage south of the berm.
Construction of the berm shall commence contemporaneously with
the initial site development for the Real Estate and will be finished
contemporaneously with or prior to completion of the first building.
3. Plantina Strip. The primary landscaping materials used in the planting
strip areas and adjacent to buildings shall be shade trees. ornamental
trees, shrubs. ground cover. grasses and flowers. A base planting unit
of one hundred (100) linear feet will be designated for the planting
strip areas which includes: .
Three (3) shade trees; or.
Six (6) ornamental trees or six (6) conifer trees.
4. Materials. All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
a. Shade Trees: All shade trees shall have a minimum DBH of
two (2) inches. a minimum height of eight (8) feet. and a
branching height of not less than 1h nor more than % of tree
height.
b. Ornamental Trees: All ornamental trees shall have a minimum
DBH of 1.75 inches. a minimum height of six (6) feet. and a
branching height of not less than 1h nor more than % of tree
height.
c. Evergreen Trees: A minimum height of six (6) feet.
d. Deciduous Shrubs: A minimum height of twenty-four (24)
inches. with no less than six (6) main branches upon planting.
e. Evergreen Shrubs: A minimum height and spread of twenty-
four (24) inches.
D. Landscaoina Installation and Maintenance.
1. Installation. All required landscaping for each phase of the
development shall be installed prior to the issuance of a final
Certificate of Occupancy by the Department. If it is not possible to
install the required landscaping because of weather conditions. the
- property owner shall post a bond for an amount equal to the total cost
-7-
~
o
of the required landscaping prior to the issuance of the final Certificate
of Occupancy.
2. 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.
3. Chances After Aooroval. No landscaping which has been approved
by the Commission may later be substantially altered, eliminated or
sacrificed, without first obtaining further Commission approval.
However, minor and material alterations in landscaping may be
approved by the Director in order to conform to specific site
conditions.
4. Insoection. The Director shall have the authority to visit the Real
Estate to inspect the landscaping and check it against the approved
plan on file.
Section 4.5 Parkina Reauirements.
A Efforts to break up large expanses of pavement are to be encouraged by the
interspersing of appropriate planting areas.
B. Direct, articulated pedestrian access shall be provided from the street to the
primary entrance of the building(s).
C. The minimum number of parking spaces required shall be three and one-half
(3-112) spaces for each one thousand (1,000) square f~et of gross floor area.
D. 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 4.6 Liahtina Reauirements.
A A site lighting plan shall be submitted along with the information on
architectural design, la~dscaping, parking, signage, and lighting ("AD_LS")
-8-
(W
o
approval petition. The site lighting plan shall include the layout. spread and
intensity of all site lighting, including:
1. Parking lot and service/storage area lighting;
2. Architectural display lighting;
3. Security lighting;
4. Lighting of pedestrian ways; and
5. Landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of uniform
design. color and materials.
C. The height of light standards shall not exceed thirty (30) feet from the top of
the fIXture to the top of the pole base. The base of the pole shall not exceed
two (2) feet in height.
D. All exterior and street area lighting fIXtures shall be of the IIshoeboxll variety
which directs light downward. Any parking lot lighting or building lighting
illumination emanating from the Real Estate development shall not exceed
(i) 0.1 footcandle at the north right-of-way line of East 96th Street and at the
eastern boundary of the Real Estate. and (ii) 0.3 foot candles at the western
boundary of the Real Estate.
. Section 4.7 Sians. Signs for accessory uses. accessory retail. accessory service
commercial. and accessory supportive services shall be limited to lower level signs.
A. UDDer Level Sians.
1. Number & Type: The maximum number of Identification Signs
permitted shall be two (2) wall signs for each building.
2. Maximum Sign Area: 90 square feet each.
3. Location: The signs may be located on either the west. north or east
facades.
4. Design: All walls signs shall consist of individual letters.
5. Illumination: Internal.
6. Sign Permit: Required.
7. Fees: Required.-
-9-
~
o
..
B. Lower Level Sians.
1. Number & Type:- The - maximum number of Identification Signs
permitted shall be six (6) wall signs.
2. Maximum Sign Area: 60 square feet each.
3. Location: The signs may be located on either the west. south or east
facades. The signs may only be located on the first floor facade.
4. Design: All walls signs shall consist of individual letters.
5. Illumination: Internal.
6. Sign Perm it: Required.
7. Fees: Required.
C. Colleae Hills Center Identification and Real Estate lLeasina) Sians.
1. Number & Type: As approved by an ADLS Sign Program for College
Hills.
2. Maximum Sign Area: As approved by an ADLS Sign Program for
College Hills.
3. Maximum Height of Sign: As approved by an ADLS Sign Program for
College Hills.
4. Location: As approved by an ADLS Sign Program for College Hills.
5. Design: Signs must comply with the approved architectural scheme
of the complex, and must be of a similar design. lighting and style of
construction.
6. Illumination: Internal or completely shielded.
7. Landscaping: Sign must be accompanied by a landscaped area at
least equal to the total sign area.
8. Sign Permit: Required.
-10-
Q.)
o
9. Fees: Required.
D. Other Provisions. Section 25.7.01 - "General Provisions" and 25.7.06-
25.7.09 - "Legal Non-Conforming Signs, Sign Permits, Variance, and
Administration and Enforcement" of the Carmel/Clay Township Sign
Ordinance Z-302, are also incorporated by reference.
CHAPTER 5.0 APPROVAL PROCESS.
Section 5.1 Approval of ADLS.
A
The Commission shall consider an ADLS approval petition for any building
within College Hills.
B.
The ADLS approval request shall be a specific plan consisting of the
architectural design of any buildings, landscaping, lighting, and signage for
a site within the College Hills development.
C.
The Commission shall approve the ADLS without conditions or approve with
conditions.
D.
If there is a substantial alteration in the approved ADLS plans, review and
approval of the amended plans by the Commission shall be made by the
Commission, or a Committee thereof, pursuant to the Commission's rules of
procedure. Minor and material alterations may be approved by the Director.
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 5.2 APproval or Denial of the Develooment Plan.
A The Comm ission shall approve a Conceptual Development Plan (the "COP").
B. The Director shall approve without conditions, approve with conditions, or
disapprove the Final Development Plan (the "FOP") for any project within
College Hills; provided, however, that the Director shall not unreasonably
withhold or delay hislher approval of a FOP that is in substantial
conformance to the COP and is in conformance with the development
requirements of this Ordinance. If the Director disapproves the FOP for any
project within College Hills, the Director shall set forth in writing the basis for
-11-
~
o
the disapproval and schedule the request for approval of the FOP for hearing
before the Commission.
C. An amendment to a FOP which does not alter the use of any land may be
reviewed and approved by the Director.
O. The FOP shall be a specific plan for the development of all or a portion of the
Real Estate that is submitted for approval by the Director showing proposed
facilities and structures, parking, drainage, erosion control, utilities and
building information.
CHAPTER 6.0 DEFINITIONS AND VIOLATIONS.
Section 6.1 General Rules of Construction: Definitions.
_. . A:- General Rules of Construction: The following general rules of construction
and definitions shall apply to the regulations of this Ordinance:
1. The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
2. Words used in the present tense include the past and .fyt4re tenses,
and the future the present.
3. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word RshouldR is a preferred
requirement.
B. Definitions:
1. Accessorv Structure: A structure subordinate to a building or use
located on the Real Estate which is not used for permanent human
occupancy.
2. Accessorv Use: A use subordinate to the main use, located on the
Real Estate or in the same building as the main use, and incidental to
the main use.
3. Alteration. Material: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for
another.
-12-
Q.)
Q
4. Alteration. Minor: Any change to an approved plan of any type that
involves the revision of less than ten percent (10%) of the plan's total
area or approved materials.
5. Alteration. Substantial: Any change to an approved plan of any type
that involves the revision of ten percent (10%) or more of the plan's
total area or approved materials.
6. Antenna: A structure or device that is used for the purpose of
collecting or transmitting signals, images, sounds, or information of
any nature by wire, radio, visual, or electromagnetic waves, including
but not limited to directional or omni-directional antenna, panels, and
microwave or satellite dishes. The term does not include an amateur
radio station antenna.
7. Architectural Plan: A plan for the construction of any building or
structure designed by a qualified registered architect.
8. Automated Teller Machine (ATM): A mechanized apparatus which
performs limited banking functions for customers such as deposits,
withdrawals and transfers of funds upon insertion of a customer
identification card, password or similar device.
9. Board: The Carmel/Clay Board of Zoning Appeals.
10. Buildina: 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.
11. Buildina or Structure. Front Line of: The line of the face of the
building or structure nearest the South Section Line. not counting
patios. terraces, etc.
12. Buildina Heiaht: The vertical distance from the grade at the main
entrance to the top of the parapet that comprises the majority of the
perimeter of the building.
13. Buildina or Structure Setback Line: (Sometimes called a Building
Line) The line nearest the front of and across the Real Estate
establishing the minimum open space to be provided between the
front line of a building or structure and the South Section Line.
-13-
Q.)
o
14. Cafeteria/DelUCoffee Shop: An establishment located within the
building(s) where food and drink is prepared, served and consumed
primarily within the building( s) by the occupants of the building( s) and
their goests.
15. Centerline: A line lying midway between the side lines of a street or
alley right-of-way and/or pavement.
16. Certificate of Occupancy: A certificate signed by the Director stating
that the occupancy and use of land or a building or structure referred
to therein complies with the provisions of this Ordinance.
17. City: The City of Carmel, Indiana.
18. Commission: The CarmeVClay Plan Commission.
19. Common Area: Areas within a development that serve either a
portion of or the entire development. (Example common area - signs,
lighting, landscaping, maintenance shed, etc.)
20. Conference Center: A meeting room provided as an amenity for, and
made available to, all occupants of the building(s) and their guests.
21. Council: The City Council of the City of Carmel, Indiana.
22. County: Hamilton County, Indiana.
23. Development Plan. Final: A specific plan for the development of real
property that is submitted for Commission approval showing proposed
facilities, buildings and structures. This plan review includes general
landscaping, parking, drainage, erosion control, signage, lighting,
screening and buildings information for a site. A development plan
may include only parcels that are contiguous and not separated by
the right-of-way of any highway in the state highway system.
24. Development Plan. ConceDtual: A general plan for the development
of real property, that is submitted for Plan Commission approval
showing proposed facilities, buildings and structures. This plan
generally shows landscape areas, parking areas, site access,
drainage features, and building location(s).
-14-
(l)
o
25. Development Reauirements: Development standards and any
requirements specified in this Ordinance which must be satisfied in
connection with the approval of a development plan.
26. Diameter at Breast Height (DBH): Diameter of the trunk measured at
fifty-four (54) inches above grade.
27. Director: Director, or Administrator, ofthe Department of Community
Services for the City of Carmel, Indiana. "Director" and "Adm inistrator"
shall include hislher authorized representatives.
28. Dish: That part of the earth station shaped like a saucer or dish.
29. Dish-Tvpe Receivina Antenna (Earth Station or Ground Station): A
signal receiving device, the purpose of which is to receive radio
communications, television, data transmission or other signals from
a satellite or satellites in earth orbit.
30. Financial Institution: Any building wherein the primary occupation is
concerned with such Federal or State regulated businesses as
banking, savings and loans, loan companies and investment
companies.
31. Fitness Center: An exercise facility provided as an amenity for, and
made available to, all occupants of the building(s).
32. Floor Area Ratio (F.A.R.): The gross floor area of all stories of all
buildings within the Real Estate divided by the total horizontal area
within the Real Estate boundaries.
33. Footcandle: A unit of illumination. It is equivalent to the illumination
at all points which are one (1) foot distant from a uniform source of
one (1) candlepower.
34. Front Yard: The side of the Real Estate which is adjacent to the 96th
Street right-of-way.
35. Greenbelt: That portion of the front yard which is immediately
adjacent and parallel to the right-of-way of 96th Street and having a
minimum depth of thirty (30) feet.
-15-
Q.)
o
36. Greenbelt Buffer: That portion of the Real Estate which abuts the
south perimeter of the development and which is designed specifically
to provide a buffer and visual screen to adjacent residential land.
37. Gross Floor Area (Construction Area): The floor area, excluding any
penthouse areas. as measured by the face of the exterior building
material.
38. HVAC: Heating, ventilation and air conditioning equipment.
39. Landscaped Green Area: An area which includes live plantings other
than grass. The size of planting at the time of installation shall not be
less than a minimum of eighteen (18) inches in width and height for
shrubs, a minimum of four (4) to five (5) feet in height for evergreen
conifer trees, and a minimum of six (6) to eight (8) feet in height for
shade trees.
C>
40. Landscapina: 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.
41. Lot: A portion of the Real Estate intended as a unit for transfer of
ownership or development.
42. Lower Level Sian: A sign located on a building facade below a height
of twenty-six (26) feet, measured from .grade level.
43. Office: A building or portion of a building wherein services are
performed inVOlving predominantly administrative, professional or
clerical operations, including but not limited to professional offices,
business or personal service offices, financial institution offices, sales
offices, real estate offices, and governmental offices.
44. Parcel Coveraae: The total ground area, within the Real Estate,
covered by buildings and accessory structures which are greater than
eighteen (18) inches above grade level, excluding fences and walls
not attached in any way to a roof, divided by the total horizontal area
within the Real Estate boundaries.
-16-
(l)
o
45. Parkina 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.
46. Photocopvina and Duplicatina Devices: A facility providing
reproduction, cutting, printing, binding, etc. of written materials,
drawings, labels, etc. for occupants of the building(s).
47. Plantina Strip: A section of land not less than ten (10) feet in width
intended to contain plant materials and for the purpose of creating a
visual separation between uses or activities.
48. Pond: A body of water either occurring naturally or artificially created
and not fed by any watercourse.
49. Professional Office: An office of a member of a recognized profession
such as an architect, attorney, dentist, engineer, physician or
surgeon.
50. Receiver: A television set, radio, communication device or data input
device that utilizes the signals from the earth station.
51. Riaht-of-Wav: An area of land permanently dedicated to provide light,
air and access.
52. Setback: The least measured distance between a building or
structure and the Section Line, the side property line of the Real
Estate or the rear property line of the Real Estate.
53. Sian: Any type of sign as further defined and regulated by this
Ordinance and the Sign Ordinance for Carmel-Clay Township,
Ordinance Z-196, as amended.
54. South Section Line: The South Line of the Southwest Quarter of
Section 12, Township 17 North, Range 3 East.
55. Storv: That part of any building comprised between the level of one
finished floor and the level of the next higher floor or. if there is no
higher finished floor, that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
-17-
v
o
56. Street: A right-of-way, other than an alley, dedicated and accepted,
or otherwise legally established for public use, usually affording the
principal means of access to abutting property.
57. Trash Enclosure: An enclosed accessory structure that is designed
to screen and protect waste receptacles from view and to prevent
waste debris from dispersing outside the enclosure.
58. Upper level Sian: A sign located on a building facade above a height
of twenty-six (26) feet, measured from grade level.
59. Use: The employment or occupation of a building, strudure or land
for a person's service, benefit or enjoyment.
Section 6.2 Violations of Ordinance. All violations of this Ordinance shall be subject to
Section 34.0 of the CarmeVClay Zoning Ordinance.
(Signature Page Follows)
-18-
(L)
o
PASSED by the Common Council of the City of Cannel, Indiana this it!:.. day of
---.A"'&1!l" , 2001, by a vote of 7 ayes and () nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
'd~- ~~
residing Officer
ATTEST:
Presented by me to the Mayor of the City of Carmel, Indiana this -"- day of
---.A II 1"'''' . 200 I, at l' lei -a-.M.
LA
-Treasurer
-19-
v
o
Approved by me, Mayor of the City of Carmel, this
2001, at .M.
day of IJ ",,,sf
ATTEST:
C, Clerk-Treasurer
Prepared By: Charles D. Frankenberger, NELSON & FRANKENBERGER., 3021 East 98lh
Street, Suite 220, Indianapolis, Indiana 46280.
F:IUscrl1metlGenhmen\PtJD..,-UI8l 072501.wpd
-20-
'\
v
o
EXHmIT "A"
Le~al Description
A lAND BOUNDJJlYDESCRlPTION OF
PM! OF COLLEGE HILL SUBDMSION
SOUIH OF 1-465
AND
. ADIACENrPAIlCEL TO nmEAsT
DECEMBEB.22, 2000
part or the S~wcst Quarter of SeaiOD 12. Township 17 North. Ban.se 3 East. Clay
. .
Township, Hamilton County, Indiana, being describe4 as follows:
. --
. .
Lots 21-3S, 70-87, and 123-130-(aII inclusive) af'Col1ege Bill Subdivision as recorded in
Plat Book 119, Page 30 in the.~ cftho recorder ofHauu1ton County, .lndiaDa. Also
. -. . .
all that pomon or lots 136.69. as. 'and 122 which He south of the south ~ of way of
IDterstate 1-465 u said right of way curremJy e:xisu. Also iDc1udin, the zfshts orway 1bt
CarroIlto~ Avenue aDd Gw1tOrd Avae. beginning at the North right of way ot 96*
Street 8I1d Icing north to the South right of way orInterstate 1-465 as it cUrrently.exists.
Further iDc1udiDs 1be ~owiDg described parcel:
Partof1beSodwestQarutot~OIl ~ TOWDSbIp 17Nodhlap3 &st.. IzlEamihoIl
Couaty.lDM-~. more pazticaJarIy DcscaW as a,uowi. to wit:
Besin It a poUlt em the South Iiu of aLl SeetiOll 12 Chat is 1100.95 k East of the West IiDc
. ~ 1hacc NOdh tDd paraDel1D said West Iiu 4U.6 feet; tha1cc East mI paratlet vmh said
SOIt1lIiDe 100 feel; thea= SOU1h aDd pmlld with said West line 43$.612=t to the saie! Saarh
_;d=ce Wac aJoaa said South Uu 100 Iccc to the place at\ePmins- '
The t.OwlaDd area included in the above descn"bed parcels beins 20.5 At:res more or less.
This acreage is only approximate and wu not determined by field survey.
--,..,.v" "-"
.' .
v
o
COMMITMENTS CONCERNING
THE USE AND DEVELOPMENT
OF REAL ESTATE
GERSHMAN BROWN & ASSOCIATES, INC. ("Gershman Brown") and DUKE REALTY
CORPORATION ("Duke"), make the following commitments ("Commitments") to the Plan
Commission for the City of Carmel and Clay Township, Indiana (the "Commission"):
1. . Description of the Real Estate. The real estate is legally described on Exhibit" A" (the "Real
Estate").
2. Docket No. 25-01-Z.
3. Definitions. For purposes of these Commitments, the following defmitions shall apply:
(a) "Caliper" shall mean and refer to the diameter of the tree trunk of nursery stock
measured at a point on the tree trunk which is 6 inches above the ground.
(b) "DBH" shall mean and refer to diameter of the tree trunk of a Preserved Tree
measured 4.5 feet above the ground.
( c) "Developer" shall mean and refer to the person or entity which develops the Real
Estate.
(d) "Gross Reforestation Requirement" shall mean and refer to the 420 trees comprising
(i) 70 trees with a 2 inch caliper (the "2" Caliper Trees''), plus (ii) 120 trees with a
1 inch caliper (the "1" Caliper Trees''), and (iii) 230 seedlings with a one-half inch
caliper (the "One-Half Inch ~aliper Seedlings").
( e) "Preserved Tree" shall mean and refer to each tree located upon the Real Estate on
the date. of these Commitments which is intended to be preserved and survives the
subsequent development of the Real Estate.
(f) "Reforestation Credit" shall mean and refer to a credit or set-off, which shall be
received against the Gross Reforestation Requirement, in an amount equal to the sum
of the following:
(1) A credit or set-off, against the number of 1" Caliper Trees, in an amount
equal to one-half of the caliper of each Preserved Tree that has a DBH of 9"
to 12"; and
(2) A credit or set-off, against the number of 2" Caliper Trees, in an amount
equal to one-half the caliper of each Preserved Tree which has a DBH of 12"
or more.
. ,
QJ
Q
(g) "Net Reforestation Requirement" shall mean and refer to the Gross Reforestation
Requirement less the Reforestation Credit.
4. Commitment. Along with the application for Final Development Plan approval, the
Applicant will include a tree survey that will (i) identify and designate only Preserved Trees,
(ii) calculate the Net Reforestation Requirement, and (iii) specify preservation protection
methods. Upon approval of the Final Development Plan, Gershman Brown, Duke, and/or
their successors or assigns, shall, at the discretion of the Carmel Department of Community
Services, either (i) deliver a check to the Carmel Department of Community Services equal
to the cost of acquiring the trees necessary to satisfy the Net Reforestation Requirement or
(ii) arrange, at their cost, for the purchase from an approved nursery of the trees necessary
to satisfy the Net Reforestation Requirement.
S. " "Binding on Successors and Assign~. After the Effectiv~" Date (defmed below), these
Commitments are binding upon the Developer, Gershman Brown, Duke-Weeks, and each
subsequent owner of the Real Estate, and each person acquiring an interest in the Real Estate,
unless modified or terminated by the Commission. These Commitments may be modified
or terminated only by a decision of the Commission made at a public hearing after notice is
provided by the Rules of the Commission.
6. Effective Date. The Commitments contained herein shall be of no force and effect until the
occurrence of all of the following:
(a) The acquisition of title to the Real Estate by Gershman Brown, Duke, and/or their
assignee; and
(b) The annexation of the Real Estate to the City ~f Carmel, Indiana; and
(c) The assignment to the Real Estate of an initial zoning classification ofPUD and the
granting of all other approvals necessary to develop the Real Estate as intended by
Gershman Brown and Duke; and
(d) The commencement of the development of the Real Estate by the Developer,
Gershman Brown, or Duke, or their assignee.
7. Recording. The undersigned authorize the Secretary of the Commission to record these
Commitments in the office of the Recorder of Hamilton County, Indiana, upon the
occurrence of all of the events referred to in paragraph 6 above.
8. Enforcement. These Commitments may be enforced by the Commission and the City of
Carmel, Indiana,. the Developer, and/or any owner of part or all of the Real-Estate.
-2-
Q.)
u
9. Compliance Confinnation. The Director of the Department of Community Services of
Cannel, Indiana, shall, when requested by the owner of the Real Estate, given written
assurance, in letter form, that the owner of the Real Estate has or has not complied with these
Commitments. -
J,
EXECUTED this 1J:":.. day of --=:rt.u1 . 2001.
GERSHMAN BROWN & ASSOCIATES, INC.
an Indiana corporation
DUKE REALTY CORPO
an Indiana corporation
. Kurt Dehner
Sr. Vice President, Indiana OPerations
STATE OF INDIANA )
) SS:
COUNTYOFHAMlLTON )
-;} Before me, a Notary Public, in and for said County 'and State, personally appeared
i:lr ~~ (;vsJ.. t'Fl~. vPof Gershman Brown & Associates, In~., an Indiana corporation, and
acleno edged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this
P.71j day of :July . 2001.
cf'~ ~ () f;; Public
My Co~ission Expires:
bl-LP/() 7
.
Residing in Il'}I1(!IJ~J!. County, Indiana.
-3-
u
o
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a No~ Public, in and for said County and State, personally appeared
::r K 0r.;- ..tp -h~. the 5 " f-l of Duke Realty Corporation, an Indiana corPoration, and
acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this ~ -, day of \T J )j
. 2001.
My Commission Expires:
~ '
eCa.~
. ' N/4 Public
Residing in
County, Indiana.
. ';";it:.i& A. Fineberg, Notary Public
:;t Corrmf$s1on expires: March 3, 2r~
.._....~t of r!~~:-ion r.:"'t'~~'. ,-""!__.
F:\UIeI'J~\O-n;.",_? wpd
-4-
u
o
.
EXHIBIT A
PAGE 1 OF 1
. A lAND BOUNDAllYDSSClUPTION OF
PART OF COLLEGE HILL SUBDIVISION
SOUI'H OF 1-465
AND
ADIACENT PAllCEL TO THBBAsT
JANUARY I', 2001
Pat aftbc Scndhftlt QaartI:r of SecdoD l2. .TGWDSbip 17 NOdh,... 3 East, aa, ToWDshIp, 'A"lImntftn
"'-- Tn"''''' ........cJescdIle4asfbllows:
~~. .~'.
Lots 27.35, 70-87, 8Dcl123-130 (aD 1Dclusive) of College Bill SubdMsioa as RCOrded In Plat ~ 119,
Pap 30 In the records oftbc ~ af'Rsnnntcm CouqJ;y, TnKlltMI Also an 1bat~1l or lots 36,69, sa.
1D4122 which De IOII1h oftbc Soath light of way of ''''e'~ I-46S as said Ifabt of.., <;uAiad1y exisIs.
. . . . : .
Also iJt~tbc riabU ofwayfar Cma1Ibm A\'eIIDO 11I4 GallbdAwaue, "''"''''r at tho NoIth d&IIt
alway af 9~ S1=t ID4 aaiIIIladIltD the South ri&bt ofWI)' afT1Ifp,..14'A I-46S IS It a..ucatl1 exists 11I4
. .. .
tho Narth 45 :fbot rf&bt of WJ1 of 9S'& Street, ~;......C at west liDo af Lot 27 of sild Con~. ~
'SubdlvisiaIl aad ~dlnl eat1D die East tiDe afsald subdivIsImL . . ~::-l.' :~{ ...:...
. .
Furtber inc1udiqg ~ &JIawiq described parcel:
t
Part aftbe Sodlwest QaartI:r ofSecdoa ~ Tonship 17 NcxthIaDp 3 East, ill -,:&",,"1tnn
CauaI;y. TfttHmw. mare plIItblhrfy Dcsaibccl as fbDows, tD wit
BeIIIl at a poIDt all ~ SaalhDaeofllid ScdIaa 12 tbatls 12OU5 kEast afM West liDO
~ theace NGIt1l mlpaaDel1D aiel West IiDe 435.6_ ...a=Eastaad pmDel with said
SoutJlIDe 100 feet; 1heDcc Saath lIIIl paaJId 1ridL said West IDe 435.61ilet tD the saicl Sauth
JIDc; tIJeace West a1q said Saadlliae 100 feet tD the place ofh9nni1t&
. I
4 "
."
0"
'lbe total 1m! ma ~ III die above dcscribccloparcels beIDc 1U A1:res more or less. 'IbIs acreaae is
aDl7 approY;",~ IDl! 'IllS DOt """'-dnM by fidd 1IIr'fty. -
EXHIBIT A
PAGE 1 OF 1
O:\SWrojecu\Lepl Descripdcms\Duke\Misc Pmjecu\CAUete Ffill ~ ~tr'ee!S Adiae!n' If......
. ,~"r\' tt.n~ A"
(l)
o
EXHmIT "Z"
The Text Amendments to the PUD Ordinance include the following:
1. Chapter 2.0 of the PUD Ordinance, entitled "Permitted Uses", shall be amended by adding
the following Section 2.4:
c.
Parking Plazas.
Two parking plazas shall be permitted.
Vehicle service facilities may be located on the
interior of a parking plaza, subject to:
1. It shall be a service only to the building
occupants;
2. It shall not be visible from the perimeter of the
real estate; and
3. No sign identifying the facility that is
viewable or intended to be viewable from the
public right-of-way shall be permitted.
Parking Plazas will not reduce or count toward the
420,000 square feet permitted under Section 4.3 as the
maximum gross floor area for all buildings located
upon the Real Estate, and the provisions of
Section 2.2 pertaining to accessory uses shall not
apply to parking plazas.
Section 2.4.
A.
B.
2. Section 3.6 of the PUD Ordinance, entitled "Other Requirements", shall be amended to add
the following subparagraph "D":
D Maximum Parking Plaza Height: Any parking plaza located on the Real
Estate shall be limited to grade plus 2 levels and shall not exceed a height of
twenty-nine (29) feet, excluding stair towers, which shall not exceed 36 feet
in height.
3. Section 4.1 of the PUD Ordinance, entitled "Minimum Building Set Backs", shall be
amended to add the following sentence:
"Provided, however, that parking plazas shall be set back at least
(i) thirty (30) feet from the side property lines, (ii) fifty (50) feet from
the INDOT right-of-way, and (iii) 83.5 feet from the South Section
Line.
4. Section 4.5 of the PUD Ordinance, entitled "Parking Requirements", shall be amended to add
the following subparagraph "E":
o
(.;)
E. Above grade, structured parking facilities shall have on all
sides architectural features that are compatible with the
buildings on which they are associated.
5. Subparagraph "c" of Section 4.6 of the PUD Ordinance entitled "Lighting Requirements",
shall be amended to add the following sentence:
Except, however, the height of light standards on top of any parking
plaza shall not exceed twenty-three (23) feet from the top of the
fixture to the top of the base pole. The base of the pole shall not
exceed two (2) feet in height.
The PUD Ordinance shall be amended as set forth above, and the PUD Ordinance, as amended, shall
remain in full force and effect.
F:\UserlJanetlOenhmanlPet. Amend PUD.wpd