Loading...
HomeMy WebLinkAboutPUD Amendment Ordinance No. Z-681-23Page 1 of 24 Sponsor: Councilor Aasen ORDINANCE Z-681-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING THE 146TH STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT (Z-344) Synopsis: Ordinance establishes an Amendment to the 146th Street and Keystone Avenue Planned Unit Development District, Ordinance Number Z-344 (the “Original PUD Ordinance”) which amendment shall be referred to as the “PUD Amendment Ordinance”. The PUD Amendment Ordinance amends certain provisions of the Original PUD Ordinance, which was adopted by the Common Council on April 17, 2000. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the "UDO"), provides for the establishment of a Planned Unit Development District in accordance with the requirements of IC. § 36-7-4-1500 et seq. (“PUD Statute”); and WHEREAS, on April 17, 2000 the Common Council adopted the Original PUD Ordinance which established the 146th Street and Keystone Avenue Planned Unit Development District (the "PUD District"); and WHEREAS, BJ’s Wholesale Club, Inc. (“BJ’s”) submitted an application to the Carmel Plan Commission (the "Plan Commission") to amend the Original PUD Ordinance with the PUD Amendment Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto and incorporated herein (the "Real Estate"); and WHEREAS, BJ’s application is consistent with the provisions of the UDO and PUD Statute; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on January 17, 2023 regarding the PUD Amendment Ordinance, which application was docketed as PZ-2022-00224 OA; and WHEREAS, the Plan Commission, at its Commercial Committee meeting on February 7, 2023 has given a favorable recommendation to this PUD Amendment Ordinance, which amends certain provisions of the Original PUD Ordinance with respect to the Real Estate. NOW, THEREFORE, BE IT ORDAINED by the Common Council of Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts this PUD Amendment Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof Page 2 of 24 inconsistent with any provision of this PUD Amendment Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate or parts thereof inconsistent with any provision of this PUD Amendment Ordinance shall be null and void and replaced and superseded by this PUD Amendment Ordinance; and, (iv) this PUD Amendment Ordinance shall be in full force and effect from and upon its adoption by the Common Council in accordance with Indiana law. Section 1. Applicability of Ordinance. Section 1.1 Development of the Real Estate shall be governed entirely by (i) the provisions of this PUD Amendment Ordinance and its exhibits, and (ii) those provisions of the Original PUD Ordinance, as amended by this PUD Amendment Ordinance. Section 1.2 All provisions of the Original PUD Ordinance not affected by this PUD Amendment Ordinance shall continue, unchanged, and the Original PUD Ordinance, as amended, shall remain in full force and effect. Section 2. Accessory Buildings and Uses. The following accessory uses shall be added to the list of permitted Accessory Buildings and Uses in Section 4: “tire sales and service (indoor)” and “Automobile Filling Station”. Section 2.1 Any Automobile Filling Station use on the Real Estate shall meet the Use- Specific Standards listed in Section 5.65 of the UDO (US-19: Automobile Service Station; Automobile Filling Station Use-Specific Standards), and the following protection devices shall be installed: A. Impermeable liner under the entire double walled fuel system giving it three layers of protection; B. Positive limiting barrier (PLB) which provides added stormwater protection; C. “Low Perm” hoses which provide added air quality protection; D. CARB (California Air Resources Board) EVR (Enhanced Vapor Recovery) system for the control of gas station emissions from underground storage tanks; E. Redundant overfill protection and spill prevention measures; F. Additional emergency shutoff devices located inside and outside of the kiosk; and G. 24-hour monitoring of all operations with security cameras throughout the facility. Section 3. Minimum Building Setbacks. Section 6.3 shall not apply. Instead, the following shall apply: The minimum building setback measured to the nearest right-of-way shall be at least 60 feet. Section 4. Architectural Design Requirements. Section 6.6.A shall not apply. Instead, the following shall apply: Scale and proportion: The building’s main entrance shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1. Page 3 of 24 Section 5. Greenbelt. Section 7.2.A.1 shall not apply. Instead, the following shall apply: The greenbelt along Keystone Parkway shall be located as generally shown on the greenbelt exhibit in Exhibit B attached hereto and incorporated herein (the “Greenbelt Exhibit”) and shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 7.3. Any pre- existing plants that are preserved shall be counted toward these required plantings. Additionally, a no mow area left to become naturalized shall be located as generally shown on the Greenbelt Exhibit. Section 6. Parallel Roadways. Section 7.2.B.1 shall not apply. Instead, the following shall apply: There shall be landscape planting areas located adjacent to Lowes Way to screen the building and parking areas, which shall be a minimum of ten (10) feet in width and landscaped pursuant to the same requirements as the greenbelt area in Section 7.3. Any pre-existing plants that are preserved shall be counted toward these required plantings. A minimum three (3) foot tall wall or fence may be installed to supplement the required landscaping. Section 7. Parking Requirements. Section 8 shall not apply. Instead, the following shall apply: Parking shall be as generally shown on the concept plan in Exhibit C attached hereto and incorporated herein (the "Concept Plan"). Section 8. Signs. Section 11.3 shall not apply. Instead, the following shall apply: Signs shall be permitted as generally shown in the sign package in Exhibit D attached hereto and incorporated herein (the "Sign Package") and per the following: 1. Number & Type: The maximum number of identification wall signs permitted shall be one (1) wall sign on the west building frontage, one (1) wall sign on the north building frontage, and one (1) wall sign on the east building frontage. One (1) additional wall sign shall be permitted on the building frontage where the main entrance is located, and one (1) additional wall sign shall be permitted on the south building frontage. Center identification ground signs shall be permitted as generally shown in the Sign Package and shall be accompanied by a landscaped area at least equal to the total sign area. 2. Maximum sign area: Main entrance primary identification wall sign (west frontage): 150 sq. ft. Two (2) additional identification wall signs (north and east frontages): 100 sq. ft. each. Two (2) additional wall signs (west and south frontages): 27 sq. ft. each. Ground signs: 75 sq. ft. each. 3. Maximum height of ground signs: ten (10) feet. 4. Location: As generally shown in the Sign Package. 5. Design: As generally shown in the Sign Package. All wall signs shall consist of individual channel letters. 6. Illumination: Internal. Additional wall signs shall not be illuminated. 7. Window signs: No window signs are permitted. 8. Sign permit: Required. 9. Fees: Required. Page 4 of 24 The Sign Package shows the conceptual intent and the sizes for the proposed signs. A final sign plan shall be submitted for the Commission’s approval as part of an ADLS or ADLS amendment application. Wayfinding, directional, informational, traffic control, incidental and similar signage are not shown in the Sign Package and shall be permitted per the UDO and any ADLS or ADLS amendment approval. Section 9. Bicycle Parking. Short-term bicycle parking shall be provided per Section 5.29 of the UDO (PK-02: Bicycle Parking Standards). Section 10. Overnight Parking. There shall be no overnight parking of trucks onsite other than at the loading docks while actively unloading. Section 11. Outside Storage. There shall be no overnight outside storage of merchandise, other than propane tanks. Daily merchandise sales shall be permitted generally adjacent to the front public entrance. Section 12. Offsite Roadway Improvements. The offsite roadway improvements shall be made as generally shown on the offsite roadway improvements exhibit in Exhibit E attached hereto and incorporated herein (the “Offsite Roadway Improvements”). The remainder of this page is left blank intentionally. Page 5 of 24 Exhibit A Real Estate Part of Instrument No. 20000036996 & 2005009114 Part of the northwest quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, being more particularly described as follows: Commencing at the northwest corner of the south half of said northwest quarter; thence North 89 degrees 15 minutes 32 seconds East (basis of bearing is Indiana State Plane Coordinate System- East Zone) along the north line of said south half a distance of 609.82 feet to the POINT OF BEGINNING; thence continuing along said north line North 89 degrees 15 minutes 32 seconds East a distance of 68.81 feet; thence North 46 degrees 28 minutes 09 seconds West a distance of 42.36 feet to a point on a non-tangent curve to the right having a radius of 5624.60 feet, the radius point of which bears North 66 degrees 13 minutes 40 seconds East; thence along said curve an arc length of 137.06 feet to a point which bears South 67 degrees 37 minutes 26 seconds West from said radius point; thence North 06 degrees 58 minutes 08 seconds West a distance of 51.51 feet; thence North 16 degrees 01 minutes 15 seconds West a distance of 82.66 feet to the south line of a tract of land described in a Warranty Deed to Lowe's Home Center, Inc. recorded as Instrument No. 2000036996 in the Office of the Recorder in Hamilton County; thence South 90 degrees 00 minute 00 seconds East along said south line a distance of 9.21 feet to a point on a non-tangent curve to the right having a radius of 5594.60 feet, the radius point of which bears North 68 degrees 56 minutes 17 seconds East; thence along said curve an arc length of 215.03 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 687.13 feet to the east line of said Lowe's Home Center, Inc tract of land said point being 100.00 feet from the north line of a tract of land described in a QUITCLAIM Deed to Kite Greyhound, LLC recorded as Instrument No. 2005009114 in said Recorders Office; thence South 00 degrees 10 minutes 51 seconds West along said east line and the east line of said Kite Greyhound, LLC tract a distance of 626.32 feet to a point on a non-tangent curve to the right having a radius of 278.87 feet the radius point of which bears North 67 degrees 12 minutes 27 seconds West; thence along said curve an arc length of 630.33 feet to a point which bears South 62 degrees 17 minutes 54 seconds West from said radius point; thence North 24 degrees 51 minutes 15 seconds West a distance of 72.38 feet to a point on a non-tangent curve to the right having a radius of 5671.60 feet the radius point of which bears North 65 degrees 06 minutes 51 seconds East; thence along said curve an arc length of 102.38 feet to a point which bears South 66 degrees 08 minutes 54 seconds West from said radius point, said point being the point of beginning, containing 10.01 acres more or less. Page 6 of 24 Page 7 of 24 Exhibit B Greenbelt Exhibit Page 8 of 24 Exhibit C Concept Plan Page 9 of 24 Exhibit D Sign Package Page 10 of 24 Page 11 of 24 Page 12 of 24 Page 13 of 24 Page 14 of 24 Page 15 of 24 Page 16 of 24 Page 17 of 24 Page 18 of 24 Page 19 of 24 Page 20 of 24 Page 21 of 24 Exhibit E Offsite Roadway Improvements Page 22 of 24 Exhibit F Conditions to Enactment of Ordinance Z-681-23 The following are imposed as conditions to the enactment of this PUD Amendment Ordinance Z- 681-23 (the “PUD Amendment Ordinance”), pertaining to the Real Estate, and are hereby referenced as Exhibit F (the “Conditions”). If any Condition conflicts with a provision of the PUD Amendment Ordinance, then the more restrictive shall apply. Condition 1. Additional Automobile Filling Station Protection Devices. In addition to the protection devices listed in Section 2.1 of this PUD Amendment Ordinance, additional controls shall be installed as noted on the fuel containment concept plan in Exhibit F.1 attached hereto and incorporated herein (the “Fuel Containment Concept Plan”). Condition 2. Groundwater Monitoring Program. The Automobile Filling Station shall adhere to a groundwater monitoring program acceptable to Carmel Utilities, if deemed necessary by Carmel Utilities. Condition 3. Protection Devices Design. The Automobile Filling Station protection devices shall be designed to treat and contain pollutants from the fueling operation prior to entering the overall water quality and detention system for the remaining parking lot and building. Page 23 of 24 Exhibit F.1 Fuel Containment Concept Plan Page 24 of 24 The ordinance shall be effective upon its passage by the Council, in accordance with Indiana Code 36-4-6 et seq. ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of _______________, 2023, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Kevin D. Rider, President Jeff Worrell, Vice-President Adam Aasen Laura D. Campbell Sue Finkham Anthony Green Timothy J. Hannon Teresa Ayers Miles Nelson ATTEST Sue Wolfgang, Clerk I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Mark R. Leach. This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240.