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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE
(REZONE APPLICATION)
Date: January 14. 2002
Docket No.:
2-02 Z
Filed By:
Department of Community Services
Record of Ownership: Deed Book
971
Page 9330
Purchase Date:
Legal Description:
Part of the East halfofthe Southeast Quarter of Section 25, Township 18 North, Range 3
East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northwest corner of the East Half of said Southeast quarter; thence North 90
degrees 00 minutes 00 seconds East (assumed bearing) on and along the North line of said East
Half 528.80 feet to the center line ofthe Monon Railroad; thence South 00 degrees 08 minutes 46
seconds West on and along the center line of said Monon Railroad 339.08 feet to the South line of
First Street, SW; thence North 90 degrees 00 minutes 00 seconds East parallel with said North
line 75.00 feet to the East right-of-way line of said Monon Railroad and the place of beginning of
this tract; thence continuing North 90 degrees 00 minutes 00 second East on and along the South
line of First Street SW, parallel with said North line 176.58 feet to the Northwest corner of a tract
of real estate conveyed to W. and B. Padgett recorded in Deed Record 135, page 263 in the office
of the Recorder of Hamilton County, Indiana; thence South 00 degrees 19 minutes 45 seconds
West on and along the West line of said real estate 196.00 feet to the North line of a tract of real
estate conveyed to the Town of Carmel, Indiana, in Tax Title Deed Record 3, page 98, being a
tract of land described in Deed Record 111, page 418, all being recorded in the Office of the
Recorder of Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West
parallel with the North line of said tract 43.64 feet to a point 564.50 feet West of the East line of
said Southeast Quarter; thence South 01 degrees 00 minutes 00 seconds West parallel with the
East line of said Southeast Quarter 128.00 feet; thence North 90 degrees 00 minutes 00 seconds
West parallel with said North line 125.00 feet; thence North 01 degrees 00 minutes 00 seconds
East parallel with said East line 128.00 feet; thence 90 degrees 00 minutes 00 seconds West
parallel with said North line 7.18 feet to the East right-of-way line of the aforesaid Monon
Railroad; thence North 00 degrees 06 minutes 46 seconds East on and along said East right-of-
way line 196.00 feet to the place of beginning.
Common Address of Property Involved (or General Description ifno Address Exists):
141 1 st Street SW (SE corner of 1 sf Street SW and 2nd Avenue SW)
Proposed Zoning Change: From the 1-1 District to the C-2 District, for the property shown
outlined in red on the map attached hereto, which is made party of this petition.
Statement of Compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
This project is part of the redevelopment of the Old Town area. It provides for a more desirable and high-
quality development to be located in this important area of Carmel.
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL PLAN COMMISSION
I (We) Department of Community Services do hereby certify that notice of public hearing of the
Carmel Plan Commission to consider Docket Number 2-02 Z , was registered and mailed at
least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent
property owners:
OWNER(S) NAME
ADDRESS
(See attached list)
................................................................................................................................................................
STATE OF INDIANA, COUNTY OF
, SS:
The undersigned, having been duly sworn, upon oath says that the above information is
true and correct as he is informed and believes.
(Signature of Petitioner)
Subscribed and sworn to before me this
day of
,20_.
(N otary Public)
My Commission Expires:
................................................................................................................................................................
Signatures of adjacent property owners must be submitted on this affidavit.
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL PLAN COMMISSION
DOCKET NO.
2-02 Z
Notice is hereby given that the Carmel Plan Commission meeting on February 19.2002 at
7:00 PM in the City Hall Council Chambers, One Civic Square, Carmel, Indiana 46032
will hold a Public Hearing upon an applicatiol1 for a Rezone of 0.94 acres from I-IIIndustrial to C-2/01d
Town. The site is located southeast corner of ist Street SW and 2nd Avenue SW (1411st Street SW).
The application is identified as Docket No. 2-02 Z .
The real estate affected by said application is described as follows:
Part of the East half of the Southeast Quar!ter of Section 25, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northwest comer of the East Half of said Southeast quarter; thence North 90
degrees 00 minutes 00 seconds East (assumed bearing) on and along the North line of said East
Half 528.80 feet to the center line of the Monon Railroad; thence South 00 degrees 08 minutes 46
seconds West on and along the center line: of said Monon Railroad 339.08 feet to the South line of
First Street, SW; thence North 90 degreeslOO minutes 00 seconds East parallel with said North line
75.00 feet to the East right-of-way line of said Monon Railroad and the place of beginning of this
tract; thence continuing North 90 degrees '00 minutes 00 second East on and along the South line
of First Street SW, parallel with said North line 176.58 feet to the Northwest comer of a tract of
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real estate conveyed to W. and B. Padgettirecorded in Deed Record 135, page 263 in the office of
the Recorder of Hamilton County, Indiana; thence South 00 degrees 19 minutes 45 seconds West
on and along the West line of said real est~te 196.00 feet to the North line ofa tract of real estate
conveyed to the Town ofCarrnel, Indiana, in Tax Title Deed Record 3, page 98, being a tract of
land described in Deed Record 111, page 418, all being recorded in the Office ofthe Recorder of
Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West parallel with the
North line of said tract 43.64 feet to a poi~t 564.50 feet West of the East line of said Southeast
Quarter; thence South 01 degrees 00 minutes 00 seconds West parallel with the East line of said
Southeast Quarter 128.00 feet; thence Notth 90 degrees 00 minutes 00 seconds West parallel with
said North line 125.00 feet; thence North pi degrees 00 minutes 00 seconds East parallel with said
East line 128.00 feet; thence 90 degrees Op minutes 00 seconds West parallel with said North line
7.18 feet to the East right-of-way line of the aforesaid Monon Railroad; thence North 00 degrees
06 minutes 46 seconds East on and along said East right-of-way line 196.00 feet to the place of
beginning.
All interested persons desiring to present their; views on the above application, either in writing or
verbally, will be given an opportunity to be h~ard at the above-mentioned time and place. The file for the
application is available for public review in the Department of Community Services, Carmel City Hall
,
(3rd Floor), One Civic Square, Carmel, Indian~.
Written comments can be submitted to: Ramona Hancock, Secretary
Carmel/Clay Plan Commission
One Civic Square
Carmel, IN 46032
FAX: 317-571-2426
JAN-14-2002 13:32 FROM: "?I~TON COUNTY REC. 317776821210
TO: 317 ..-" 2426
P.B02/003
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HAMILTON COUNTY. INDIANA
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On OS-19~1~1 At 02117 pl.
WRRR DEED 12.00
WARRANTY DEED
, .
THIS INDENTURE WITNESSETH. Th8t Mille WII8nr end Steven I.. W_. (Grmtar) 01
tiA!:l!.!J1ml Caumy, In tl1e State o111:1d11Di, FONVEV AND WARRANT TO fIGMId .J.lllllnbal8lld MlIIItIftIII
M. BIImhRI. husband and wife, (Granteel ~ Mm:IIm County, In Ihe St_ af lndlaoI. for th8 sum of J2I!t
8nd No/1OQ'II- -. Dollars '$1.001 and other valuableconslderCion, the receipt Bnd sufflolency
of which 18 hereby acknowledged, thll following d88crlbed r881 eaters In .I:fImI1ian County, Stile of
!D.dJma:
Part of the East Half of the Southeast Quarter of SectIon 25, Township 1 B North, Range 3 East
In Hamilton County, IndI8nll, more partICularly desorlbed as fOllOws:
,
Commencing at the Northw.st cdmer of the Em Helf of lIlIId Soulhuat Quarter; thenos North
90 clegralll 00 minutes 00 8eca~ Eallt (_u~ bearlngl on Ind lIong the North IIno of said
Eest Half 628.80 feet to the center line or the Monon Rallroed; thence South 00 degrees 08
minutes 46 soconds West on and along the center rfnll of said Monon Aallrolld 339.08 feet to
the South line of Flnat Stre.t, S.W: thonce Narth 90 deerrlleS 00 minutes 00 seoond. East
paranel with qld North Une 75.00 felt to the East right-of-way line of sBld Mon01'\ "';Iroad and
the plBCe of beginning of this trallt; thenos contInuing North 90 d8lll'l8S 00 minutes 00
ssoonde Eatt on and e10ng the South line of Firat Stnl8t, S,W.. perellel wl1h saId North line
178.58 feet to the Northwest comer or a tract of rsll esmte conveyed to W. and B. PlIdgen
raoarded In Deed Record 135, p,ge 283, In the office of the Recorder of KemMton County,
Indiana; thBllce South 00 degrees 19 minu'l'llll 45 .8conde Weet on end along the West tine of
said re.' estate 198.00 feet to the North line of a trSaI of reel e.tate conveyed to the Town
of Carmel, lnellsna, In Tax TItla Dei'd Record 3, pege 9B, being e trlICt of Ilnd described in Dll8d
Record 111. PlOe 41 e. all being .reaorded In the Office of the Recorder of Ham on CouM'f,
'ndlane; then!;:e 1II0rth 90 degrees 00 minutes 00 8econds W88t paRlllel with t onh line of
seld tract 43.64 reet to 8 point 584.50 feet West of the Eest One of 8:~Y;:lie8St arter;
thence South 01 degrees 00 minutll 00 second. West "Irallel wtt t ast line of aald
Southeast Querter 128.00 feet; thence North 90 dsgrGes 00 minutes 00 seaonda WIIlI1: pandlsl
with .ald North line 126.00 feelt; Uwnca Nann 01 degrw800 mlnut88 00 8econoe sa" per.llel
with said East line 128.00 feet: t1'lence 90 degr_ 00 minutes 00 8eeonds We.t parellel with
sald North line 7.1 B feet to the &1st rlght-oroWlY Ifne of the eforeseld Manon Rellroed; thence
North 00 degrees 08 mInutes 48 Seconds Eest on and along sBld East rlght-of-wey line 196.00
feet to the place of beginnIng.
Subject to real QGtlte taxes for tho vear 1998, plIVable in 1997, end thereafter. SubJect 10 81'1V end
ell 6,"11, encumbrances. 88lH1Men18. agreomel'ltl and restrictions of rlCOrd.
The eddl'Ql of such realllSt8tll Is eommonly known IS 141 ht Street S. Woo Carmel IN
~. Te)( bills should be sent to Grantee ~Ilddress Indlceted below.
IN W'JrESSETH WHEREOF, GrentDr has elt8CUtllCl thl8 deed this
.pr<,I<- .1997.
"""'00, ......,~/71i..
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Printed M8rk W._ Printed S W
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. Mr.IlIdMnL RoIlaIlI BombaI
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. Mr. .Ura. RanIId BoldIlII
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JAN-14-2002 13:32 FROM:H/?"'~'.TON COUNTY REC, 3177768200
TO:317 ",..- 2426
P .1!IOCS/003
-::.
STATE OF INDIANA
COUNTY OF HAMILTON
58: ACKNOWU!DGEMENT
Before me, 8 Notary Public In and for IBid eoumy and State, person"'Y appear8cllD.r. W._
8IlCI8ttlHII 1(. w-.er. who aDkngwledg~ the ollGGUtion of the foregotng WurrentY Deed, end wl\Cl,
hllVlng been duly sworn. stilted 'hilt IIny nlpre8lllntBtionB therein cont.lned 81'8 trUlI.
~ness my hand and Noterlal Saal thlll '2.\~'
APRil...
.,1997.
My e.m~ Explroe: SIgna ~). ~~..........
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fl~~ N~l'"'") 5. 0:.~'C'~I....l \~
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~: .\.t~ ./ c: Resident of H Atf. I 0 \j County
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.) ;; "'6\~1S INSTRUMENT PREPARED BY FRED L. JONES, ATTORNEY AT LAW.
Ratum deed to
Send tax bftls to
BEST POSSIBLE IMAGE
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I;tamilton County, Indiana - Year 2001 Parcel Report
Page 1 of2
Hamilton County, Indiana - Year 2001 Parcel Report
This information has been derived from public records that are constantly undergoing change and is not warranted for
content or accuracy. It may not reflect the current information pertaining to this parcel.
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Pa~el No: 1609251605001000
Property Address:
141 FIRST ST SW
CARMEL, IN 46032
Subdivision:
Lot Number:
Block:
Section: 25
Township: 18
Range: 03
Tax District: Carmel City
School District: Carmel Clay
Library: Carmel/Clay Library 002315
Corporation: Carmel Corp 016711
TIF District:
..},sook: 971
Page: 9330
Deeded Acres: 0.94
Use Category: COM-OTHER RETAIL
Mortgage Exemption: $0.00
Veteran Exemption: $0.00
Blind Exemption: $0.00
Over 65 Exemption: $0.00
Improvement: $0.00
Non Tax Deduction: $0.00
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http://www.co.hamilton.in.us/gis/rptparceI200 1 details.asp?OBJ _ KEYS=%278627%27
01/1412002
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Hamilton County, Indiana - Year 2001 Parcel Report
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Page 2 of2
Homestead Deduction: $0.00
Geothermal Deduction: $0.00
ERA Deduction: $0.00
Rehab Exemption: $0.00
Primary Taxpayer Mailing Address:
RONALD J & MARIETTA M BOMBEI
8457 BAY COLONY DR
INDIANAPOLIS, IN 46234
http://www.co.hamilton.in.us/gis/rptparce1200 1 details.asp?OBJ _ KEYS=%2 78627%2 7
01/1412002
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CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
TO REZONE PROPERTY COMMONLY KNOWN AS
THE LUMBERYARD MALL
. .
PURSUANT TO :IN:OIANA CODE 36-7-4-605
ORDINANCE No. Z-376-02
Lumberyard Mall Rezone
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The CarmeVClay Plan Commission offers you the following report on the application (Docket No. 2-02 Z) of the
City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to
rezone property commonly known as The Lumberyard Mall:
The CarmeVClay Plan Commission's recommendation on the petition of the applicant is FAVORABLE.
/
V At its regularly scheduled meeting of February 19,2002, the Carmel/Clay Plan Commission voted ten (10) in Favor,
zero (0) Opposed, zero (0) Abstaining, to forward to the Common CoUncil theprciposed Ordinance No. Z-376-02
with a Favorable Recommendation.
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Please be advised that by virtue of the Plan Commission's Favorable Recommendation, 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, May 30, 2002.
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. ATT ~T:. . r . . . // ... .. ,/.
9J@tP'd ~~:'?<"~
RaFona Hancock, Secretary
Carmel/Clay Plan Commission
Dated: March 1, 2002
RECEIVED
1l1~- t LLJUL
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Ordinance No. Z-376-02
NOTICE TO TAXPAYERS
CARMEL, INDIANA
NOTICE OF ADOPTION OF
AN AMENDMENT TO THE CARMEUCLAY
ZONING MAP
Notice is hereby given to the taxpayers of the City of Carmel and Clay Township, Hamilton County,
Indiana, that the proper legal officers of the City of Carmel met at their regular meeting place, Council Chambers,
Carmel City Hall, One Civic Square, Carmel, IN 46032, at 7:00 p.m. on Monday, the 1st day of April, 2002, and
adopted the following:
Ordinance No. Z-376-02, rezoning Tax Parcel J.D. No. 16-09-25-16-05-001.000 at the southeast comer of
First Street Southwest and Second Avenue Southwest from the l-llIndustrial District Classification to the C-2/01d
Town District Classification.
Ordinance No. Z-376-02 affects only the aforementioned Tax Parcel.
Ordinance No. Z-376-02 does not amend any provision of the Carmel/Clay Zoning Ordinance regarding
penalties or forfeiture prescribed for a violation of the ordinance.
The entire text of Ordinance Z-376-02 is available for inspection in the Department of Community
Services, Division of Planning & Zoning, Third Floor, Carmel City Hall, One Civic Square, Carmel, Indiana; and in
the Office of the Clerk-Treasurer, Third Floor, Carmel City Hall, One Civic Square, Carmel, Indiana.
Ramona Hancock
Plan Commission Secretary
April 2, 2002
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Cp'
Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-376-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the Lumberyard Mal/from the I-l/Industrial District Classification to the C-2/0Id
Town District Classification
WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning
ofthe real property, the legal description of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the Common Council ofthe City of Carmel,
Indiana, as follows:
Section I:
That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby
changed to designate the real property from the I-l/Industrial District Classification to the C-2/0Id
Town District Classification.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance
are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
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Ordinance No. Z-376-02 PASSED by the Common Council of the City of Carmel, Indiana
this _ day of 2002, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Wayne Wilson, President Pro Tempore
John R. Koven
Robert Battreall
N. L. Rundle
Ronald E. Carter
Luci Snyder
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ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-376-02 Presented by me to the Mayor of the City of Carmel, Indiana this
_ day of 2002, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-376-02 Approved by me, Mayor of the City of Carmel, Indiana, this_
day of 2002, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by: John R. Molitor
Carmel/Clay Plan Commission Attorney
One Civic Square
Carmel, IN 46032
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Ordinance No. Z-376-02
Exhibit A
LEGAL DESCRIPTION
Lumberyard Mall
Part of the East half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Northwest comer of the East Half of said Southeast quarter;
thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) on and along the North line of said East Half
528.80 feet to the center line of the Monon Railroad;
thence South 00 degrees 08 minutes 46 seconds West on and along the center line of said Monon Railroad 339.08 feet
to the South line of First Street, SW;
thence North 90 degrees 00 minutes 00 seconds East parallel with said North line 75.00 feet to the East right-of-way line
of said Monon Railroad and the Place of Beginning of this tract;
thence continuing North 90 degrees 00 minutes 00 second East on and along the South line of First Street SW, parallel
with said North line 176.58 feet to the Northwest comer of a tract of real estate conveyed to W. and B. Padgett recorded
in Deed Record 135, page 263 in the office of the Recorder of Hamilton County, Indiana;
thence South 00 degrees 19 minutes 45 seconds West on and along the West line of said real estate 196.00 feet to the
North line of a tract of real estate conveyed to the Town of Carmel, Indiana, in Tax Title Deed Record 3, page 98, being
a tract ofland described in Deed Record III, page 418, all being recorded in the Office of the Recorder of Hamilton
County, Indiana;
thence North 90 degrees 00 minutes 00 seconds West parallel with the North line of said tract 43.64 feet to a point
564.50 feet West of the East line of said Southeast Quarter;
thence South 01 degrees 00 minutes 00 seconds West parallel with the Bast line of said Southeast Quarter 128.00 feet;
thence North 90 degrees 00 minutes 00 seconds West parallel with said North line 125.00 feet;
thence North 01 degrees 00 minutes 00 seconds East parallel with said East line 128.00 feet;
thence 90 degrees 00 minutes 00 seconds West parallel with said North line 7.18 feet to the East right-of-way line of the
aforesaid Monon Railroad;
thence North 00 degrees 06 minutes 46 seconds East on and along said East right-of-way line 196.00 feet to the
Place of Beginning.
Also identified as Tax Parcel LD. No. 16-09-25-16-05-001.000
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Ordinance No. Z-376-02
Exhibit B
Lumberyard Mall
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4-020A
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 20F: C-2/0LD TOWN DISTRICT
20F.O C-2 Old Town District.
20F.O.I Purpose and Intent.
The purpose of the C-2 Old Town District is to create and protect land areas for the
redevelopment of parcels in the Downtown area of the City popularly known as Old Town. The
intent of the City of Cannel is that all redevelopment proposals for this area should incorporate
significant civic value and mercantile activity and provide opportunities to improve the fabric of
the urban setting. It is further intended that the availability ofC-2 zoning in this area should foster
a successful public/private relationship between the City of Cannel and prospective developers,
while ensuring the compatibility of any redevelopment proposals with existing building codes and
zoning regulations. As part of its efforts to redevelop the Old Town area, the City of Cannel has
undertaken a significant streetscape improvement project, and determined several desirable
"footprint" locations, along with public street access points and public space set-a-sides. The City
further intends to facilitate the conversion of all utility and private communications lines and
equipment to underground service in the C-2 zoning district.
20F.0.2 Tract ReQuirements.
Land areas shall be rezoned C-2 only upon application by the City of Cannel itself. All activities
associated with commercial, transportation, service, office and residential activities shall be
conducted within completely enclosed buildings in such a manner that any nuisance factors are
not emitted outside of the building.
20F.0.3 Approval of Development Plan.
1. Following approval by the Carmel Redevelopment Commission, the City of Cannel shall
submit for approval a Development Plan that includes the following development
requirements for that property: architectural design, exterior lighting, landscaping and signage
(ADLS).
2. The Director, as the staff of the CanneVClay Plan Commission, shall review a DP application
to determine if the DP satisfies the development requirements of the C-2 District.
3. The Director must approve, approve with conditions, or disapprove the Development Plan
(DP) for any tract ofland in the C-2 District.
4. A public hearing shall be held by the Director before it decides whether to approve or
disapprove a DP. However, no DP is required for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including exterior color and
materials; doors and windows, other detailing;
c. Meet with requirements of the C-2 District;
d. Do not exceed 20% of the original gross floor area of the existing structure, applicable
from the date of this section; and
Chapter 20F: C-2/0Id Town District
20F-l
as amended per Z-365-01
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(;)
4-020A
CITY OF CARMEL & CLAY TOWNSIUP ZONING ORDINANCE
e. Have received a prior ADLS approval from the Plan Commission.
5. lR oeBj1oHie~8B ,~.ith its applielKi8B t@ fag8g0 ~. naJ pr8po~; t8 the C 2 li!8niRg ilillmet, die
C~. €If Ca,mel shall mibmit Ii l)e~:eI8pmeRt PIlHl that iBeluiles thg f-eYe".';Rg ilouol8pmeat
nilllinlBllBts fer that FrQPo~': af€lmteGtural ilelli8R, exteR€lr lightiBg, llmilsoapiBg lHlillligRage
(.\DU). Pursuant to IC 36~7-4-1400 et seq., the Director (as the staff of the Plan
Commission) is hereby authorized to conduct a public 'hearing to determine whether the
Development Plan complies in all respects with the Zoning Ordinance and any commitments
made by the owner of the real property under IC 36-7-4-613. The Director shall then make
written findings concerning his or her decision to approve or disapprove the Development
Plan, and the Director is hereby designated as the official who is responsible for signing the
written findings.
6. The approval or disapproval of a Development Plan by the Director under this Section is a
final decision of the Commission that may be reviewed only as provided in IC 36-7-4-1016.
After initial approval of the architectural design, exterior lighting, landscaping and signage
(ADLS) under this Section, the ADLS shall not be materially or substantially changed or
altered without the prior approval of the Commission under its rules of procedure.
7. The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of the C-2 District by not greater than 35%, consistent with requirements set forth
below:
a. The proposal shall be in harmony with the purposes and the land-use standards contained
in this chapter;
b. The proposal shall enhance the overall Development Plan, the adjoining streetscapes and
neighborhoods, and the overall City Center District.
c. The proposal shall not produce a site plan or street/circulation system that would be
impractical or detract from the appearance of the Development Plan and the City Center
District, and shall not adversely affect emergency vehicle access or deprive adjoining
properties of adequate light and air.
d. The proposal exhibits extraordinary site design characteristics, including, but not limited
to: Increased landscape treatment, tree preservation, public art, provisions for bicycles
and/or mass transit, reduced surface parking coupled with provisions for above or below
ground parking facilities.
e. In granting a waiver, the Commission may impose such conditions that will, in its
judgment, secure the purposes of this chapter. This subsection does not affect the right of
an applicant under Indiana law to petition the Board for a variance from development
standards, as provided in 1. c., 36-7-4-918.5 and this Zoning Code.
20F.l Permitted Uses:
Commercial (Retail) Sales
General Offices
Residential uses
Restaurant
Enclosed accessory uses which are incidental to, maintained on the same lot and directly
associated with the operation of a permitted use, including recreational areas for
employees and lodging facilities for owners, guards or caretakers
Chapter 20F: C-2/Old Town District
20F-2
as amended per Z-365-01
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4-020A
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
20F.l.l Minimum Area Requirements: None.
20F.l.2 Other Requirements: None.
20F.2 Permitted Special Uses: (See Chapter 21 for additional regulations.)
Other uses similar and comparable to the above permitted uses
20F.2.l Minimum Area Requirements: None.
20F.2.2 Other Requirements: None.
20F.3 Accessory Buildings (See Chapter 25 for additional requirements.)
Accessory buildings shall not be allowed except:
A. Pursuant to a developmental standards variance; or
B. As stated in Section 20F.6.2; or
C. Detached garage units approved as part of the ADLS.
20F.4 Height and Area Requirements (See Chapter 26 for additional requirements.)
20F.4.l Maximum Height: forty-five (45) feet, comprising no more than three (3) stories. Floor-to-ceiling
height shall be a minimum of ten (10) feet at the first story and eight (8) feet at the second and
third stories.
20F.5 Streetscape and Landscaping Requirements.
20F.5.l Landscaping shall be designed in accordance with the adopted landscaping style and species
palette established for the City Center by the City of Carmel Redevelopment Commission.
20E.5.2 Street Trees. Shade trees shall be planted along all streets within the rights-of-ways, parallel to the
street. Species, size, and installation shall be per the standards of the City of Carmel.
20F.5.3 Landscaping Installation and Maintenance.
1. Installation. All required landscaping pursuant to the ADLS approval shall be installed
prior to the issuance of a Certificate of Occupancy by the Department ef Commumty
S@{'\qS@S Administrator. If it is not possible to install the required landscaping because of
weather conditions, the property owner shall post a bond for an amount equal to the total
cost of the required landscaping prior to the issuance of the Final Certificate of
Occupancy. (amended per Z-365-01)
2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper
maintenance of the landscaping, in accordance with the standards set forth in the
Development Plan. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
20F.6 Fencing; Dumpsters and Refuse Areas.
20F.6.l Fencing shall not be allowed except pursuant to a developmental standards variance.
Chapter 20F: C-2/Old Town District
20F-3
as amended per Z-365-0l
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
20F.6.2 Each building shall provided a fully screened and gated dumpster or a refuse area of sufficient
size to fully enclose and contain all dumpsters and compaction units. The screened area shall be
connected to the main structure in such a way that no refuse is moved across the site before it is
removed by a refuse service. However, if it is not feasible for the required dumpster or
compaction unit to be connected to the main structure, then it shall be enclosed and screened with
a combination of brick masonry walls and landscaping.
20F.7 Parking.
20F.7.1 Notwithstanding Section 27.0.E of the Zoning Ordinance, the minimum number of parking spaces
to be provided in the C-2 District shall be computed as follows:
(a) one and one-half (1.5) spaces per dwelling unit; and
(b) four (4) spaces per 1,000 square feet of retail floor space.
Except as provided in Section 20F.7.2 below, the rules set forth in Section 27.0.A through 27.0.D
of the Zoning Ordinance shall apply in computing the number of required parking spaces, and in
determining the location and construction thereof.
20F.7.2 Off-street parking areas for two (2) or more different uses may be provided collectively, if the
total number of spaces provided is not less than the total of the minimum required spaces for each
individual use. Combined parking shall be designed and constructed so as to create a desirable,
efficient and well planned off-street parking area with functional and aesthetic value,
attractiveness and compatibility with adjacent land uses. Sharing of off-street parking areas is
permitted where it is proved that two (2) adjacent buildings have uses that require parking at
complementary times of the day or days of the week. In addition, on-street parking spaces may, if
available and adjacent to the lot of the use, be counted as part of the total parking spaces required
by this Section 20F. 7.
20F.8 Architectural Design Requirements.
20.F.8.1 Buildings shall be designed and constructed in accordance with the adopted architectural style and
materials palette established for the City Center by the City of Carmel Redevelopment
Commission.
In r-tlvi@wing th@ arehit@swral d@sigR efboildHig(!l) pr.eJlos@Q tG b@ eonstnlsmd ar r@sGnslnlsmQ in th@ C 2
Di!ltnet, fasteEs te B@ sensid@r-tlQ BY th@ CelilHRissiGn er !ltaff shall ilwloQ@ eat Bet 9@ limiteQ to th@
feJJe,..fiBg:
2Qf.8.1 Re0fliR@s shall b@ articolat@d as te eRak dew'll th@ rep@titieR of fa~aQ@. Ne siBgI@ rOGfliB@ may
8K-OOBQ mor-tl than six~ (tiC}) feet asmt8n'upt@Q. RoatliB@ tF.mBitieBS !lhall have a minimom.
differ-tlJu)@ Hi height af fal:lf (4) f0@t, Slefl@Q reafs shall utilize simolat@Q "slat@ liB@" !llHngl@s. 'The
r-oatliB@ edge at RGR sleJl@Q roem ell fa~ad@ @l@'.<atieBS fraatiBg the JlYhlic street shall have a
miBimYm of t\ve (2) fe@t ef samic@ articolatiGR.
20F.8.2 A.U '9oildiBgs shall Ba'/@ sEIY8f@ COrRei'S. Pmj@ctieIl:s of a maximum of tv/e (2) f0@t we th@ pYelis
right sf way abs'l@ the first stery ar-tl permitted.
20p.S,] Th@ first stery ef @ach boildHig shall b@ ass@ssibl@ Qir-tlstly from the sidewalk without steps or
~
20p.S.4 Th@ street side huildHig fa~aQ@ !lhall e@ primarily Brisk maselH)', &1:lt SteR@, or a eombHiatieR sf
Chapter 20F: C-2/01d Town District
20F-4
as amended per Z-365-01
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
saeh materials. /IJl:Y building favaoo eri@Bt@d ta a parkiBg 91' leading area may b@ ef horizeatal
paintea '.'/Gaa siQiag. Favaa@ artioolatiGBs ell. favaG@ td&'1atiaGS freBtiBg the p\lblis str@@t shall B@
r{lmm@a at reoflm@ t:faBsitieas a miaimum of @'l@ry eight (g) fe@t.
2QF.&.5 OR all favaG@ @1@vatieBs fr-oBtiag pl:l9lis str-e@ts, iBehlding @Bd wans: 'Nmaews and/er QOeFS shall
eSSl:H" at maximwB sixt@@n (16) faot iBt@rvals, and ehall B@ aligB@a y@rticaYy thrclQgh all stari@s of
the el@'RHioR; '.'.'mdows Bet ell. the fust story !lhall have diyia@d lights; @ach wiRde\': shall b@ a
mHHmYm efthr@@ (3) feet 'l.<id@ ana five (5) feet tall; wmde'."s withm iRai','ielYal ~aa@ S@gID@Bts
shall b@ the same size; winde'.'l heads shall llwarpafat€l maseBrY artiCUlatiOB as af'propriate to
indi-'.qaual favaoo s@gmems; WiBGo'.'lS shall lwl@ lim@StGB@ sills; the fll'St stery m~' mcorperat@
stareB:eBt materials fer retail Gisplay; wmaa'.vs shall b@ paintea weoa with iRsalat@a glazing; if
canvas a".V'BiRgs ar{l I:ltiliz@G, the a','mmgs at the frrst sOOry m~' Pl'Elt@st mor-e than eBe (1) v:maa'.'!
ana an Mtry, but may Bat @xteBa 1:H1iat@rrupt@Q across mdivielYal favaG@ s@gm@lH8, ana a".'lBmgs
aBe'l@th@ first stery may Bot pr-ot@ctmor-e than aR@ (1) mEW.qooal y:iRda~'.
20E.9 Permanent Signs.
20E.9.1 All permanent signs in the C-2 District shall be designed and constructed in accordance with the
adopted architectural style and materials palette established for the City Center by the City of
Carmel.
20E.9.2 Except as noted below, the placement and number of permanent signs shall be in accordance with
the project standards established by the City of Carmel Redevelopment Commission.
20E.9.3 All Signs must fit within the horizontal and vertical elements of the building and may not obscure
details of the building.
20E.9.4 No sign shall extend above the cornice line of the building.
Chapter 20F: C-2/0Id Town District
20F-5
as amended per Z-365-01
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CITY OF CARMEL & eLA Y TOWNSHIP ZONING ORDINANCE
CHAPTER 20F: C-2/0LD TOWN DISTRICT
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-365-01 76-01a OA November 5, 2001 November 27,2001 20F.5.4(1)
Chapter 20F: C-2/01d Town District
20F-6
as amended per Z-365-01