HomeMy WebLinkAboutPacket for CC 03-06-23PRESENTED BY
STEVEN D. HARDIN, ESQ.
City Council Introduction | March 6, 2023
Kite Realty Group
BJ’s Wholesale Club
146th St. & Keystone Ave. PUD Amendment
BJ’S WHOLESALE CLUB
TABLE OF CONTENTS
Kite Realty Group, L.P.:
Mark S. Jenkins,
Sr. Vice President, Development
Gene Beiermann, PE,
Sr. Project Manager, Development
30 South Meridian St., Suite 1100
Indianapolis, IN 46204
BJ’s Wholesale Club, Inc.:
Marc A. LaVoie, PE,
Site Development Manager
350 Campus Dr.
Marlborough, MA 01752
Attorney:
Steven D. Hardin, Esq.
Mark R. Leach, Land Use Planner
Faegre Drinker Biddle & Reath LLP
600 East 96th St., Suite 600
Indianapolis, IN 46240
Telephone: 317.569.9600
TABLE OF CONTENTS
Tab 1
Executive Summary
Tab 2
Aerial Location Map
Tab 3
Street Layout Exhibit
Tab 4
Concept Plan
Tab 5
Building Elevations
Tab 6
Greenbelt Exhibit
Tab 7
Filling Station Environmental and Safety Features Letter
Tab 8
Off-site Improvements Exhibits
Tab 9
PUD Amendment Ordinance
TAB 1
Kite Realty Group, LP. (“Kite”) and its partner, BJ’s Wholesale Club Inc. (“BJ’s”), are pleased
to present the proposed redevelopment of Greyhound Commons at the southwest corner of
146th Street and Lowes Way. The redevelopment parcel is located south of the Lowes Home
Improvement center (please see the Aerial Location Map at Tab 2). The property is currently
under-utilized, containing two restaurants, one of which is vacant. Kite and BJ’s now propose to
develop a BJ’s Wholesale Club location on this portion of Greyhound Commons to better utilize
the property.
BJ’s Wholesale Clubs provide a curated assortment focused on perishable products, continuously
refreshed general merchandise, and other ancillary services to deliver a differentiated and
seamless shopping experience centered around the customer. BJ’s places value on both customer
and employee experience, operating over 230 wholesale centers across 17 states, and proudly
employing more than 25,000 people nationwide.
In order to accomplish this redevelopment, Kite and BJ’s have filed a Planned Unit Development
(PUD) Ordinance Amendment petition for the 146th and Keystone Avenue PUD District with
the City of Carmel. The original PUD ordinance was aproved in April, 2000, and the requested
amendments sought for this proposed redevelopment primarily address PUD requirements which
were in place prior to the reconfiguration of the Keystone/US 31 corridor (please see the Street
Layout Exhibit at Tab 3).
The requested amendments include:
- Updating the list of permitted uses to add “tire sales and service (indoor)” and “Automobile
Filling Station” as accessory uses (please see the Concept Plan at Tab 4 and the Building
Elevations at Tab 5 for the proposed locations of the accessory uses),
- Updating the minimum building setback,
- Updating the architectural design requirement for the building’s scale and proportion,
- Updating the greenbelt requirement to match the Greenbelt Exhibit at Tab 6,
- Updating the parallel roadways landscaping requirement for Lowes Way,
- Updating the parking requirements to match the Concept Plan shown at Tab 4,
- Updating the sign requirements to match the Sign Package shown in Exhibit D of the PUD
Amendment Ordinance at Tab 9, and
- Adding requirements for Automobile Filling Station, Bicycle Parking, Overnight Parking, Outside
Storage, and Offsite Roadway Improvements. (An environmental and safety features letter
detailing the automobile filling station requirements can be found at Tab 7.)
Continued, next page
BJ’S WHOLESALE CLUB
EXECUTIVE SUMMARY
BJ’S WHOLESALE CLUB
EXECUTIVE SUMMARY
In addition to the proposed on-site improvements, several off-site roadway improvements will
also be incorporated into this redevelopment (please see the Off-site Improvements Exhibit at
Tab 8), including:
- Conversion of the northbound right turn lane at 146th Street and Lowes Way into a right-and-
through lane, including the addition of a northbound lane north of 146th Street to aid in
alleviating congestion at the intersection,
- Addition of a dedicated southbound exit lane at the Greyhound Commons roundabout to help
reduce wait time, and
- Addition of a southbound right-out-only exit with a concrete median at the southeast corner
of the site to encourage local traffic to exit the site southbound on Lowes Way.
Plan Commission and Commercial Committee Update:
On January 17, 2023, the Plan Commission held a public hearing on this proposal. No remonstrators
were present, DOCS staff was generally supportive of the petition, and the Plan Commission voted
to allow their Commercial Committee to have final voting authority to send to the City Council.
On February 7, 2023, the Commercial Committee reviewed and then voted unanimously to
forward the request to the City Council with a favorable recommendation.
Automobile Filling Station Update:
BJ’s has worked with City DOCS and Engineering Department staff to enhance the automobile
filling station standards and agrees to install the protection devices listed in Section 2.1 of the
PUD amendment ordinance. BJ’s is coordinating with the Engineering Department to determine
additional protection device(s) that will be installed, and should have an update for the City
Council at the Introduction meeting. The PUD amendment ordinance has been updated to include
Exhibit F, which will list the installation of these additional protection device(s) as a condition to
the enactment of the ordinance.
If approved, BJ’s intends to start site development work in late summer of 2023. Building
construction is expected to begin in late fall of 2023.
Thank you for your consideration.
TAB 2
REAL ESTATE
Context Map
Carmel, IN
BJ’S WHOLESALE CLUB
AERIAL LOCATION MAP
TAB 3
STREET LAYOUT EXHIBIT - CONSTRUCTION OF LOWES WAY
2000 2004
Aerial
This project was funded by Hamilton County. The aerial photography and
orthophotography was acquired and produced by Woolpert, Inc. Hamilton
County reviewed the orthophotography for aesthetics and accuracy
(compared to previous orthophotography).
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
November 30, 2022
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,800
Aerial
This project was funded by Hamilton County. The aerial photography and
orthophotography was acquired and produced by Woolpert, Inc. Hamilton
County reviewed the orthophotography for aesthetics and accuracy
(compared to previous orthophotography).
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
November 30, 2022
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,800
BJ’S WHOLESALE CLUB
2013
Funding was from Hamilton County, the City of Carmel, the Town of Fishers,
the City of Noblesville, and the City of Westfield. The aerial photography was
acquired and produced by Premier Geospatial. QC was done in-house by
Hamilton County.
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
January 27, 2023
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,80020122013
Aerial
This project was made possible with leadership from the State of Indiana and
IGIC. Funding was from multiple sources inclusing Federal, State, Hamilton
County, the City of Carmel, the Town of Fishers, the City of Noblesville, and
the City of Westfield.The aerial photography and orthophotography was
Rivers & Streams
Minor Roads
Major Roads
Interstates & US Highways
Subdivisions
November 30, 2022
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:4,800
STREET LAYOUT EXHIBIT - CONSTRUCTION OF OFF-RAMP IN GREENBELT AREA
BJ’S WHOLESALE CLUB
TAB 4
RIGHT INRIGHT IN
146th STREET
LOWES WAY(Proposed)
WHOLESALE CLUB
MINIMUM 390
PARKING SPACES
B
J
'S
GA
S ONLYScale:
CHKD:Drawn By:
Project No.
Date:
02/22/2023
4053/4054
v:\cad\indiana\4053 - greyhound commons\development plan (dp)\4053 greyhound commons dp 57 bj's 2023-02-022.dwg1" = 100'
eem
GREYHOUND
INDIANA
DP 57A
DEVELOPMENT PLAN
CARMEL,
COMMONS
NOTE: Negotiations with the stores listed and others not listed are in
progress. No guarantee can be made that the listed stores will open in
the center. All conditions and dimensions are subject to variation due to
actual field conditions. All dimensions and areas shown should be
verified prior to lease execution. This plan is preliminary and subject to
change. Sheet size 24x36.
30 S. MERIDIAN STREETSUITE 1100INDIANAPOLIS, IN 46204
PHONE 317-577-5600
REALTY GROUP
FAX 317-577-5605
BJ’S WHOLESALE CLUB
CONCEPT PLAN
RIGHT IN
US HIGHWAY 31 SUS HIGHWAY 31 NUS HIGHWAY 31 NKEYSTONE PKWY NKEYSTONE PKWY SRIGHT IN
146th STREET
LOWES WAY(Proposed)
WHOLESALE CLUB
MINIMUM 390
PARKING SPACES
B
J
'S
GASONLYScale:
CHKD:Drawn By:
Project No.
Date:
02/22/2023
4053/4054
v:\cad\indiana\4053 - greyhound commons\development plan (dp)\4053 greyhound commons dp 57 bj's 2023-02-022.dwg1" = 100'
eem
GREYHOUND
INDIANA
DP 57
DEVELOPMENT PLAN
CARMEL,
COMMONS
NOTE: Negotiations with the stores listed and others not listed are in
progress. No guarantee can be made that the listed stores will open in
the center. All conditions and dimensions are subject to variation due to
actual field conditions. All dimensions and areas shown should be
verified prior to lease execution. This plan is preliminary and subject to
change. Sheet size 24x36.
30 S. MERIDIAN STREETSUITE 1100INDIANAPOLIS, IN 46204
PHONE 317-577-5600
REALTY GROUP
FAX 317-577-5605
BJ’S WHOLESALE CLUB
CONCEPT PLAN
TAB 5
BJ’S WHOLESALE CLUB
BUILDING ELEVATIONS
TAB 6
Greenbelt Exhibit
Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, USGS, METI/NASA,
EPA, USDA
Parcels
Street Centerlines
Carmel
INDOT
County
City Boundary
2022 Photography
Red: Red
Green: Green
Blue: Blue
November 30, 2022
0 0.04 0.090.02 mi
0 0.07 0.140.04 km
1:3,600
30’ GREENBELT AREA NO MOW AREA
BJ’S WHOLESALE CLUB
GREENBELT EXHIBIT
TAB 7
Stantec Consulting Services Inc.
2211 Congress Street Suite 380, Portland ME 04102-1955
January 5, 2023
File: 195602294
Reference: Proposed Retail Fueling Facility – Environmental and Safety Features
BJ’s Wholesale Club, Carmel, IN
To whom it may concern:
On behalf of the BJ’s Wholesale Club, Inc. (BJ’s), Stantec is pleased to provide this summary of environmental
and safety features associated with the proposed retail fueling facility in Carmel, IN. All fuel system devices and
procedures are designed in accordance with State and Federal requirements to protect the environment,
community, customers and employees.
Proposed Facility
BJ’s is proposing to install a new retail fueling facility on a portion of the lot adjacent to the BJ’s Wholesale Club
store located in Greyhound Commons. The proposed fueling facility will consist of multiple fuel dispensers
protected by an overhead canopy and supported by an attendant kiosk. The station is to be supplied by a total of
three (3) double-wall fiberglass underground storage tanks storing gasoline and diesel.
In accordance with the Indiana Department of Environmental Management (IDEM) and the US Environmental
Protection Agency (USEPA), BJ’s maintains A/B/C Operators to oversee the fueling facility. These specialized
staff are trained to operate the fuel system equipment, safety devices and support the operation of the facility.
These same staff conduct daily inspections of the facility’s safety and environmental protection devices.
Additionally, all BJ’s employees are trained in the proper use of an on-site emergency response kits as well as
emergency procedures.
1 – Graphical Rendering of Gas Station Devices (included as attachment).
January 5, 2023
Page 2 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
IDEM Environmental Protection and Safety
The proposed fueling facility will be equipped with numerous environmental safety features which meet and/or
exceed Indiana Department of Environmental Management (IDEM) requirements. These devices include, but are
not limited to:
• Redundant overfill protection devices on the tanks consisting of high level alarms and overflow
prevention valves.
• Double walled fill containment boxes and double walled vapor recovery boxes;
• Electronic leak detection systems;
• Double walled continuously monitored tanks and piping;
• Additional systems described below.
The entire system is monitored 24 hours a day by an electronic environmental monitoring system which tracks
fuel levels, any liquid level changes, introduction of water, or any unusual operating conditions. Each fuel system
component is UL listed in accordance with State and Federal requirements. All underground piping, tanks and
related components are corrosion resistant.
Added Tertiary Containment
In addition to meeting IDEM requirements for underground fuel storage secondary containment, corrosion
protection and environmental monitoring, BJs proposes to provide an added level of containment around (and
under) the entire fuel storage and piping system by installing an impermeable liner. This proposed liner exceeds
IDEM requirements for containment. This liner system ensures that the entire double walled fuel tanks/piping will
have an added layer of environmental protection to the sub-grade. The proposed product will be “Petrogard” by
MPC Containment or approved equal. This system is the same as those used by the US military and bulk
storage facilities as a form of containment.
2 – Example image of liner being installed around and under double wall piping,
providing tertiary containment for the fuel storage and distribution system.
January 5, 2023
Page 3 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
Added Positive Limiting Barrier
All proposed customer fuel transfer activities will take place over impermeable concrete surfaces to prevent any
incidental fuel drips from entering the sub-grade. BJ’s is proposing to employ an added unique containment
system in these dispensing areas which provides environmental protection by means of a “positive limiting
barrier” or PLB. While this system is not yet an IDEM requirement, it is a best management practice, adopted by
many states, which provides added protection against potential stormwater runoff at the dispensing area by
preventing site runoff from mixing with those areas around the fuel dispenser.
3 – Photo example of Positive Limiting Barrier
(stormwater BMP and containment) at dispensing area.
4 – Example Photo of Positive Limiting Barrier surrounding
perimeter of concrete fuel dispensing apron.
January 5, 2023
Page 4 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
In addition to the PLB, all fuel dispenser hoses are equipped with breakaway valves and the dispenser cabinets
are equipped with shear valves to protect in the event of impact or a “drive off”. These safety devices shut off
and “close” the fuel lines to prevent any spills in the event of a “drive off”.
Added Air Quality Protection – Low Permeation Hoses
Although not required by IDEM, BJ’s installs “Low Perm” dispensing hoses as an added air quality protection
measure. These hoses are designed for use at filling stations to reduce vapor permeation rates, improve air
quality and reduce emissions.
BJ’s understands that air pollution and quality is a concern and is committed to this by installing a complete
CARB (California Air Resources Board) EVR (Enhanced Vapor Recovery) system which ensures that all gas
station system components are approved for the control of gasoline vapor emissions during the filling procedure
for the underground storage tank system.
5 – Photo example of Continental Futura “Low Perm” hoses installed at a BJ’s Gas
Station to provide added air quality protection.
January 5, 2023
Page 5 of 5
Reference: Proposed Retail Fueling Facility – Environmental and Safety FeaturesBJ’s Wholesale Club, Carmel, IN
Summary
BJ’s is committed to provide an environmentally safe fuel facility which protects the environment, community and
customers. As noted above, they are proposing to install several added protection devices, many which exceed
IDEM standards. These include:
• The impermeable liner under the entire double walled fuel system giving it three layers of protection;
• The positive limiting barrier (PLB) which provide added stormwater protection;
• “Low Perm” hoses which provide added air quality protection.
• CARB (California Air Resources Board) EVR (Enhanced Vapor Recovery) system for the control of gas
station emissions from underground storage tanks.
• Redundant overfill protection and spill prevention measures.
• Additional emergency shutoff devices located inside and outside of the kiosk.
• 24 hour monitoring of all operations with security cameras throughout the facility.
If you require any additional information about the proposed station design or equipment, please do not hesitate
to contact us at (207) 887-3822.
Regards,
Stantec Consulting Services Inc.
Jason Carr
Principal
Fuel System Engineering
Phone: 207-887-3822
Jason.carr@stantec.com
c. LaVoie, Marc (mlavoie2@bjs.com)
1
2
3
4
5
6
7
8
9
1
2
3
4
5
6
7
8
9
10
10
12
13
14
15
16
17
18
19
11
12
13
14
15
16
17
19
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20
11
21
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TAB 8
146th STREET
LOWES WAYPYLON
SIGN
REALTY GROUP
GREYHOUND COMMONS
CARMEL, INDIANA
PROPOSED
STRAIGHT LANE
EXISTING RIGHT TURN ONLY,
PROPOSED STRAIGHT AND
RIGHT TURN
OFF-SITE IMPROVEMENTS EXHIBIT
BJ’S WHOLESALE CLUB
REALTY GROUP
GREYHOUND COMMONS
CARMEL, INDIANA
PROPOSED DEDICATED
RIGHT LANE
PROPOSED
CONCRETE MEDIAN
EXISTING DEDICATED
RIGHT LANE TO REMAIN
PROPOSED
RIGHT-TURN ONLY
OFF-SITE IMPROVEMENTS EXHIBIT
BJ’S WHOLESALE CLUB
TAB 9
Page 1 of 23
Sponsor: Councilor Aasen 1
2
3
4
ORDINANCE Z-681-23 5
6
AN ORDINANCE OF THE COMMON COUNCIL OF THE 7
CITY OF CARMEL, INDIANA 8
AMENDING THE 146TH STREET AND KEYSTONE AVENUE 9
PLANNED UNIT DEVELOPMENT DISTRICT (Z-344) 10
11
Synopsis: 12
Ordinance establishes an Amendment to the 146th Street and Keystone Avenue Planned Unit 13
Development District, Ordinance Number Z-344 (the “Original PUD Ordinance”) which 14
amendment shall be referred to as the “PUD Amendment Ordinance”. The PUD Amendment 15
Ordinance amends certain provisions of the Original PUD Ordinance, which was adopted by the 16
Common Council on April 17, 2000. 17
18
WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, 19
Ordinance Z-625-17, as amended (the "UDO"), provides for the establishment of a Planned Unit 20
Development District in accordance with the requirements of IC. § 36-7-4-1500 et seq. (“PUD 21
Statute”); and 22
23
WHEREAS, on April 17, 2000 the Common Council adopted the Original PUD Ordinance 24
which established the 146th Street and Keystone Avenue Planned Unit Development District (the 25
"PUD District"); and 26
27
WHEREAS, BJ’s Wholesale Club, Inc. (“BJ’s”) submitted an application to the Carmel 28
Plan Commission (the "Plan Commission") to amend the Original PUD Ordinance with the PUD 29
Amendment Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as 30
legally described in Exhibit A attached hereto and incorporated herein (the "Real Estate"); and 31
32
WHEREAS, BJ’s application is consistent with the provisions of the UDO and PUD 33
Statute; and 34
35
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and 36
UDO, the Plan Commission conducted a public hearing on January 17, 2023 regarding the PUD 37
Amendment Ordinance, which application was docketed as PZ-2022-00224 OA; and 38
39
WHEREAS, the Plan Commission, at its Commercial Committee meeting on February 7, 40
2023 has given a favorable recommendation to this PUD Amendment Ordinance, which amends 41
certain provisions of the Original PUD Ordinance with respect to the Real Estate. 42
43
NOW, THEREFORE, BE IT ORDAINED by the Common Council of Carmel, Indiana 44
(the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts this PUD 45
Amendment Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof 46
Page 2 of 23
inconsistent with any provision of this PUD Amendment Ordinance and its exhibits are hereby 47
made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and 48
restrictions applicable to the Real Estate or parts thereof inconsistent with any provision of this 49
PUD Amendment Ordinance shall be null and void and replaced and superseded by this PUD 50
Amendment Ordinance; and, (iv) this PUD Amendment Ordinance shall be in full force and effect 51
from and upon its adoption by the Common Council in accordance with Indiana law. 52
53
Section 1. Applicability of Ordinance. 54
55
Section 1.1 Development of the Real Estate shall be governed entirely by (i) the 56
provisions of this PUD Amendment Ordinance and its exhibits, and (ii) those provisions 57
of the Original PUD Ordinance, as amended by this PUD Amendment Ordinance. 58
59
Section 1.2 All provisions of the Original PUD Ordinance not affected by this PUD 60
Amendment Ordinance shall continue, unchanged, and the Original PUD Ordinance, as 61
amended, shall remain in full force and effect. 62
63
Section 2. Accessory Buildings and Uses. The following accessory uses shall be added to 64
the list of permitted Accessory Buildings and Uses in Section 4: “tire sales and service (indoor)” 65
and “Automobile Filling Station”. 66
67
Section 2.1 Any Automobile Filling Station use on the Real Estate shall meet the Use-68
Specific Standards listed in Section 5.65 of the UDO (US-19: Automobile Service Station; 69
Automobile Filling Station Use-Specific Standards), and the following protection devices 70
shall be installed: 71
72
A. Impermeable liner under the entire double walled fuel system giving it three 73
layers of protection; 74
B. Positive limiting barrier (PLB) which provides added stormwater 75
protection; 76
C. “Low Perm” hoses which provide added air quality protection; 77
D. CARB (California Air Resources Board) EVR (Enhanced Vapor Recovery) 78
system for the control of gas station emissions from underground storage tanks; 79
E. Redundant overfill protection and spill prevention measures; 80
F. Additional emergency shutoff devices located inside and outside of the 81
kiosk; and 82
G. 24-hour monitoring of all operations with security cameras throughout the 83
facility. 84
85
Section 3. Minimum Building Setbacks. Section 6.3 shall not apply. Instead, the following 86
shall apply: The minimum building setback measured to the nearest right-of-way shall be at least 87
60 feet. 88
89
Section 4. Architectural Design Requirements. Section 6.6.A shall not apply. Instead, the 90
following shall apply: Scale and proportion: The building’s main entrance shall be designed using 91
the Golden Section, represented by the ratio 1:1.6 or 1.6:1. 92
Page 3 of 23
93
Section 5. Greenbelt. Section 7.2.A.1 shall not apply. Instead, the following shall apply: The 94
greenbelt along Keystone Parkway shall be located as generally shown on the greenbelt exhibit in 95
Exhibit B attached hereto and incorporated herein (the “Greenbelt Exhibit”) and shall be a 96
minimum of thirty (30) feet in width and landscaped per the requirements of Section 7.3. Any pre-97
existing plants that are preserved shall be counted toward these required plantings. Additionally, 98
a no mow area left to become naturalized shall be located as generally shown on the Greenbelt 99
Exhibit. 100
101
Section 6. Parallel Roadways. Section 7.2.B.1 shall not apply. Instead, the following shall 102
apply: There shall be landscape planting areas located adjacent to Lowes Way to screen the 103
building and parking areas, which shall be a minimum of ten (10) feet in width and landscaped 104
pursuant to the same requirements as the greenbelt area in Section 7.3. Any pre-existing plants 105
that are preserved shall be counted toward these required plantings. A minimum three (3) foot tall 106
wall or fence may be installed to supplement the required landscaping. 107
108
Section 7. Parking Requirements. Section 8 shall not apply. Instead, the following shall 109
apply: Parking shall be as generally shown on the concept plan in Exhibit C attached hereto and 110
incorporated herein (the "Concept Plan"). 111
112
Section 8. Signs. Section 11.3 shall not apply. Instead, the following shall apply: Signs shall 113
be permitted as generally shown in the sign package in Exhibit D attached hereto and incorporated 114
herein (the "Sign Package") and per the following: 115
116
1. Number & Type: The maximum number of identification wall signs permitted shall 117
be one (1) wall sign on the west building frontage, one (1) wall sign on the north building 118
frontage, and one (1) wall sign on the east building frontage. One (1) additional wall sign 119
shall be permitted on the building frontage where the main entrance is located, and one (1) 120
additional wall sign shall be permitted on the south building frontage. Center identification 121
ground signs shall be permitted as generally shown in the Sign Package and shall be 122
accompanied by a landscaped area at least equal to the total sign area. 123
2. Maximum sign area: 124
Main entrance primary identification wall sign (west frontage): 150 sq. ft. 125
Two (2) additional identification wall signs (north and east frontages): 100 sq. ft. 126
each. 127
Two (2) additional wall signs (west and south frontages): 27 sq. ft. each. 128
Ground signs: 75 sq. ft. each. 129
3. Maximum height of ground signs: ten (10) feet. 130
4. Location: As generally shown in the Sign Package. 131
5. Design: As generally shown in the Sign Package. All wall signs shall consist of 132
individual channel letters. 133
6. Illumination: Internal. Additional wall signs shall not be illuminated. 134
7. Window signs: No window signs are permitted. 135
8. Sign permit: Required. 136
9. Fees: Required. 137
138
Page 4 of 23
The Sign Package shows the conceptual intent and the sizes for the proposed signs. A final sign 139
plan shall be submitted for the Commission’s approval as part of an ADLS or ADLS amendment 140
application. Wayfinding, directional, informational, traffic control, incidental and similar signage 141
are not shown in the Sign Package and shall be permitted per the UDO and any ADLS or ADLS 142
amendment approval. 143
144
Section 9. Bicycle Parking. Short-term bicycle parking shall be provided per Section 5.29 of 145
the UDO (PK-02: Bicycle Parking Standards). 146
147
Section 10. Overnight Parking. There shall be no overnight parking of trucks onsite other 148
than at the loading docks while actively unloading. 149
150
Section 11. Outside Storage. There shall be no overnight outside storage of merchandise, 151
other than propane tanks. Daily merchandise sales shall be permitted generally adjacent to the 152
front public entrance. 153
154
Section 12. Offsite Roadway Improvements. The offsite roadway improvements shall be 155
made as generally shown on the offsite roadway improvements exhibit in Exhibit E attached 156
hereto and incorporated herein (the “Offsite Roadway Improvements”). 157
158
159
160
The remainder of this page is left blank intentionally. 161
Page 5 of 23
Exhibit A 162
163
Real Estate 164
165
Part of Instrument No. 20000036996 & 2005009114 166
167
Part of the northwest quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, 168
Indiana, being more particularly described as follows: 169
170
Commencing at the northwest corner of the south half of said northwest quarter; thence North 89 171
degrees 15 minutes 32 seconds East (basis of bearing is Indiana State Plane Coordinate System- 172
East Zone) along the north line of said south half a distance of 609.82 feet to the POINT OF 173
BEGINNING; thence continuing along said north line North 89 degrees 15 minutes 32 seconds 174
East a distance of 68.81 feet; thence North 46 degrees 28 minutes 09 seconds West a distance of 175
42.36 feet to a point on a non-tangent curve to the right having a radius of 5624.60 feet, the radius 176
point of which bears North 66 degrees 13 minutes 40 seconds East; thence along said curve an arc 177
length of 137.06 feet to a point which bears South 67 degrees 37 minutes 26 seconds West from 178
said radius point; thence North 06 degrees 58 minutes 08 seconds West a distance of 51.51 feet; 179
thence North 16 degrees 01 minutes 15 seconds West a distance of 82.66 feet to the south line of 180
a tract of land described in a Warranty Deed to Lowe's Home Center, Inc. recorded as Instrument 181
No. 2000036996 in the Office of the Recorder in Hamilton County; thence South 90 degrees 00 182
minute 00 seconds East along said south line a distance of 9.21 feet to a point on a non-tangent 183
curve to the right having a radius of 5594.60 feet, the radius point of which bears North 68 degrees 184
56 minutes 17 seconds East; thence along said curve an arc length of 215.03 feet; thence North 90 185
degrees 00 minutes 00 seconds East a distance of 687.13 feet to the east line of said Lowe's Home 186
Center, Inc tract of land said point being 100.00 feet from the north line of a tract of land described 187
in a QUITCLAIM Deed to Kite Greyhound, LLC recorded as Instrument No. 2005009114 in said 188
Recorders Office; thence South 00 degrees 10 minutes 51 seconds West along said east line and 189
the east line of said Kite Greyhound, LLC tract a distance of 626.32 feet to a point on a non-tangent 190
curve to the right having a radius of 278.87 feet the radius point of which bears North 67 degrees 191
12 minutes 27 seconds West; thence along said curve an arc length of 630.33 feet to a point which 192
bears South 62 degrees 17 minutes 54 seconds West from said radius point; thence North 24 193
degrees 51 minutes 15 seconds West a distance of 72.38 feet to a point on a non-tangent curve to 194
the right having a radius of 5671.60 feet the radius point of which bears North 65 degrees 06 195
minutes 51 seconds East; thence along said curve an arc length of 102.38 feet to a point which 196
bears South 66 degrees 08 minutes 54 seconds West from said radius point, said point being the 197
point of beginning, containing 10.01 acres more or less. 198
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Exhibit B 200
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Greenbelt Exhibit 202
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Exhibit C 205
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Concept Plan 207
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Exhibit D 210
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Sign Package 212
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Exhibit E 226
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Offsite Roadway Improvements 228
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Exhibit F 232
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Conditions to Enactment of Ordinance Z-681-23 234
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The following are imposed as conditions to the enactment of this PUD Amendment Ordinance Z-236
681-23 (the “PUD Amendment Ordinance”), pertaining to the Real Estate, and are hereby 237
referenced as Exhibit F (the “Conditions”). If any Condition conflicts with a provision of the 238
PUD Amendment Ordinance, then the more restrictive shall apply. 239
240
Condition 1. Additional Automobile Filling Station Protection Devices. The following 241
additional protection device(s) shall be installed: 242
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A. TO BE DETERMINED, PER COORDINATION WITH ENGINEERING 244
DEPARTMENT. 245
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The ordinance shall be effective upon its passage by the Council, in accordance with Indiana 246
Code 36-4-6 et seq. 247
248
ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of 249
_______________, 2023, by a vote of _____ ayes and _____ nays. 250
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COMMON COUNCIL FOR THE CITY OF CARMEL 252
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Kevin D. Rider, President Jeff Worrell, Vice-President 256
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Adam Aasen Laura D. Campbell 259
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Sue Finkham Anthony Green 262
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Timothy J. Hannon Teresa Ayers 265
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Miles Nelson 268
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ATTEST 273
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Sue Wolfgang, Clerk 276
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I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social 281
Security Number in this document, unless required by law: Mark R. Leach. 282
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This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, 284
Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 285
46240. 286