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RIVERVIEW MEDICAL PARK
11 Acres - SE Corner
Hazel Dell & 146th Street
Change in Zoning Classification
Carmel Plan Commission
December 17, 2002
Applicant: Plum Creek Partners, LLC
Bryan Chandler
Attorney: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Carmel, IN 46032
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TABLE OF CONTENTS
1. Explanation
2. Aerial
3. Elevations
(a) Medical Office Building
(b) Immediate Care Center
4. Site plan
5. Landscape plan
6. Lighting - photometric chart and cut sheets
7. PUD Ordinance
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EXPLANATION
Plum Creek Partners, LLC, the principals of which include Corby Thompson and Bryan
Chandler, has requested a change in the zoning classification for approximately 11 acres, located
on the southeast comer of the 146th Street Corridor and Hazel Dell Parkway. The purpose of the
request is to permit the development of the real estate for a low intensity medical health center,
general office, and financial institutions. Regarding this, the following are relevant:
1. Enclosures. An aerial photograph, together with conceptual elevations and a
site/landscape plan are enclosed.
2. Low Intensity. The gross floor area, excluding basements limited in use to storage, will
be under 22%.
3. Understated. The buildings will be single story, understated, residential-type buildings
with pitched roofs.
4. No Retail. There will be no retail. Per the proposed PUD, development will belimited to
(i) clinics, medical health centers and laboratories, and medical, dental, and optical
offices on Parcels 1 and 2 and (ii) in addition to the' foregoing, general offices, financial
institutions, banks and credit unions on Parcel 3 closest to Hazel Dell Parkway.
5. Comprehensive Plan. The Comprehensive Plan indicates that (i) the character of low
intensity commercial development includes one to two story offices and (ii) the character
of "neighborhood commercial" is neighborhood scale development on less than 15 acres.
Additionally, . the Comprehensive Plan indicates that low intensity office and
neighborhood commercial should be adjacent to a principal arterial or parkway, and can
be adjacent to low density residential where adequate buffering is provided. The subject
real estate is located at the intersection of 146th Street and Hazel Dell Parkway, which are
indicated on both the Carmel/Clay Thoroughfare Plan and the Hamilton County
Thoroughfare Plan as a primary arterial and a primary parkway, respectively. Further, as
illustrated by the enclosures, transition will be achieved through set backs, landscaping,
and buffering.
We look forward to presenting this to you on December 17. 2002.
Respectfully submitted.
LC-J)~.&-J. 7
Charles D. Frankenberger
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MEDICAL OFFICE BUILDING
PROPOSED NEIGHBORHOOD CENTER
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CARMEL. INDIANA 46033
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CAREP01NT IMMEDIATE CARE CENTER
PROPOSED NEIGHBORHOOD CENTER
146lh and HAZEL DELL PARKWAY
CARMEL. INDIANA 46033
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MEDICAL OFFICE BUILDING
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HAZB- DELL CHRISTIAN CHURCH
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8901 Otis Avenue
Indianapolis. Indiana 46216-1037
317-826-7100
Schneider 317-826-7110 FAX
Engineering
Surveying
Landscape Architecture
GIS. LIS
Geology
RIVERVIEW MEDICAL .P ARK
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December 3. 2002 Job # 3462.003
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HAZEL DELL CHRISTIAN CHURCH
Abies concolor
Carpinus betulus 'F astlgata'
Cercis canadensis
Picea abies
Piceo ormorika
Picea pungens glauco
Quercus mocrocorpa
Quercus robor
Quercus rubro
White Fir
Pyramidal European Hornbeam
Eastern Redbud
Norway Spruce
Serbian Spruce
Colorado Blue Spruce
Bur Oak .
English Oak
Red Ook
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Acer campestre
Acer plotonoides
Cercis canadensis
Gleditsio trio. iner. 'Shodemoster'
Liriodendron tulipifero
Molus 'Prairi!ire'
Malus x zumi 'colocarpo'
Piceo abies
Piceo ormoriko
Quercus rubro
Tilio omericono 'Redmond'
White Fir
Hedge Mople
Norwoy Mople
Eastern Redbud
Shademaster Hone~ocust
Tulip Tree
Proirie Fire Crobapple
Redbud Crabopple
Norway Spruce
Serb ion Spruce
Red Oak
Redmond Linden
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PARKING REOUIREMENTS:
Medical Buildings - 1 Spoce per 250 S.F.
142 Spoces Provided
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SCALE: 1 n = 100'
PERIMETER BUFFER PLAN SPECIES:
INTERIOR PLANT SPECIES:
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Indianapolis, Indiana 46216-1037
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Engineering
Surveying
Landscape Architecture
GIS' LIS
Geology
RIVERVIEW MEDICAL PARK
AT HAZEL DELL PARKWAY
December 3, 2002 Job # 3462.003
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December 3, 2002 Job # 3462.003
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Engineering
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GIS' LIS
Geology
RIVERVIEW MEDICAL PARK
AT HAZEL DELL PARKWAY
December 3, 2002 Job # 3462.003
SUBJECT TO
TRAFFIC DETAIL
LIGHTING DETAIL EXHIBIT
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Sponsor: Councilor
ORDINANCE
NO. z-
RIVERVIEW MEDICAL PARK
PLANNED UNIT DEVELOPMENT
DISTRICT
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Sponsor: Councilor
ORDINANCE NO. Z-
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
RlVERVIEW MEDICAL PARK
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 24 of the Cannel/Clay Zoning Ordinance Z-160 (the "Cannel/Clay
Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements ofI.C. 936-7-4-1500 et seq.;
WHEREAS, the Cannel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes
the Riverview Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Cannel, Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 et seq., it adopts this
Ordinance, as an amendment to the Cannel/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.
Section 1 Applicabilitv of Ordinance:
Section 1.1 The Official Zoning Map of the City of Cannel and Clay Township, a part of
the Cannel/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
Riverview Medical Park (Riverview).
Section 1.2 Development in the Planned Unit Development District shall be governed
entirely by (i) the provisions of this Ordinance, and (ii) those provisions of the
Cannel/Clay Zoning Ordinance specifically referenced in this Ordinance. The provisions
of this Ordinance shall govern in the event of a conflict between this Ordinance and the
Cannel/Clay Zoning Ordinance.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Cannel/Clay Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
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Section 2 Permitted Primary Uses: Attached hereto and incorporated herein by reference as
Exhibit "B" is a preliminary plan (the "Preliminary Plan") showing the division of the Real
Estate into Parcell, parcel 2, and Parcel 3. Permitted primary uses are as follows:
Section 2.1 Parcel 1 primary uses are clinic, medical health center; medical laboratories;
medical, dental and optical offices.
Section 2.2 Parcel 2 primary uses are clinic, medical health center; medical laboratories;
medical, dental and optical offices.
Section 2.3 Parcel 3 primary uses are clinic, medical health center; medical laboratories;
medical, dental and optical offices; general office; financial institutions; banks; credit
unions.
Section 3 Accessory Buildings and Uses: Accessory Structures and Accessory Uses shall be
permitted, except that any detached accessory Building shown in any Development Plan ("DP")
shall have on all sides the same architectural features or shall be architecturally compatible with
the principal Building( s) with which it is associated.
Section 4 Communication Equipment: Cell towers shall not be permitted. Communications
equipment, as required by the Building occupants, shall be permitted and shall be screened with
suitable walls or fencing and in general be architecturally compatible with the Building(s) with
which it is associated.
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted.
However, the development of any parcel shall conform to the DP for the entire tract as approved
or amended by the Director, and all other applicable requirements contained in this Ordinance.
Section 6 Height and Area Requirements:
Section 6.1 Maximum Building Height: The maximum Building Height shall be twenty-
eight (28) feet. All Buildings shall have sloped roofs and no more than one (1) floor
capable of being occupied, excluding basements.
Section 6.2 Minimum Set Back: The minimum Set Back from the east boundary line of
the Real Estate shall be one hundred twenty (120) feet, and the minimum Set Back from
all other perimeter boundaries of the Real Estate shall be forty (40) feet; provided,
however, that (i) the Building located on Parcell closest to 146th Street shall be set back
no more than twenty-five (25) feet from the southern boundary line of 146th Street,
(ii) the Building located on Parcel 2 closest to 146th Street shall be set back no more than
twenty-five (25) feet from the southern boundary line of 146th Street, and (iii) the
Building located on Parcel 3 shall be set back no more than sixty (60) feet from the
southern boundary line of 146th Street.
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Section 6.3 Minimum Building Seoaration. The minimum Building distance between
Buildings, measured from the exterior face of the foundation, shall be twenty (20) feet.
Section 6.4 Minimum Side Yard. The minimum side yards between Parcell, Parcel 2
and Parcel 3 shall be ten (10) feet. Parking areas, pavement, drives, sidewalks and
similar structures may exist in side yards.
Section 6.5 Architectural Design Requirements:
A. Suitability of 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, wood, and ElF'S.
B. Roof Design: Sloped roofs shall be a maximum of one hundred (lOO)feet
without a change in roof plane, or gable or dormer. All roofs shall have a
minimum slope of 12 horizontal to 6 vertical.
C. Design V ocabularv: All Buildings shall be designed using the same
design vocabulary including, without limitation, Building materials,
colors, and proportions.
Section 6.6 Maximum Number of Buildings and Maximum Gross Floor Area:
A. Parcell. No more than two (2) Buildings shall be located on Parcell. No
Building on Parcel 1 shall exceed twenty thousand (20,000) square feet of
Gross Floor Area, excluding the floor area of any Accessory Structure(s).
All Buildings on Parcell, together, shall not exceed thirty-nine thousand
(39,000) square feet of Gross Floor Area. Basements are permitted in all
Buildings, but the square footage of basements shall be excluded in
determining Gross Floor Area.
B. Parcel 2. No more than two (2) Buildings shall be located on Parcel 2. No
Building in Parcel 2 shall exceed thirty thousand (30,000) square feet of
Gross Floor Area, excluding the floor area of any Accessory Structure(s).
All Buildings in Parcel 2, together, shall not exceed forty thousand
(40,000) square feet of Gross Floor Area. Basements are permitted in all
Buildings, but the square footage of basements shall be excluded in
determining Gross Floor Area.
C. Parcel 3. No more than one (1) Building shall be located on Parcel 3. The
Building shall not exceed eight thousand (8,000) square feet of Gross
Floor Area, excluding the floor area of any Accessory Structure(s).
Basements are permitted in all Buildings, but the square footage of
basements shall be excluded in determining Gross Floor Area.
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Section 7
Landscaping Requirements:
Section 7.1 Areas to Be Landscaped:
A. 146th StreetBuffer Yard.
1. The 146th Street Buffer Yard shall be twenty-five (25) feet in width
along that portion of the real estate contiguous with 146th Street.
The purpose of the 146th Street Buffer Yard is to improve the
streetscape with a landscaped green area adjacent to 146th Street.
2. The landscaping in the 146th Street Buffer Yard shall include,
within each one hundred (100) foot increment, (i) four (4) shade
trees and (ii) thirty (30) shrubs. At least sixty (60) percent of the
shrubs shall be evergreen shrubs. Evergreen trees may be
substituted for shade trees and, for each two (2) evergreen trees
planted, one ~1) fewer shade tree will be required. Where the area
between 146t Street and the north elevation of Buildings, located
on Parcel 1 and Parcel 2 closest to 146th Street, is uninterrupted by
driveways, drive aisles, and parking, the Building Foundation
Plantings (described below) shall also qualify as and count toward
to 146th Street Buffer Yard planting requirements.
B. Hazel Dell Parkway Buffer Yard.
1. The Hazel Dell Parkway Buffer Yard shall be fifteen (15) feet in
width along that portion of the real estate contiguous with Hazel
Dell Parkway. The purpose of the Hazel Dell Parkway Buffer
Yard is to improve the streetscape with a landscaped green area
adjacent to Hazel Dell Parkway.
2. The landscaping in the Hazel Dell Parkway Buffer Yard shall
include, within each one hundred (100) foot increment, (i) four (4)
shade trees and (ii) thirty (30) shrubs. At least sixty (60) percent of
the shrubs will be evergreen shrubs. Evergreen trees may be
substituted for shade trees and, for each two (2) evergreen trees
planted, one (1) fewer shade tree will be required.
C. South Buffer Yard.
1. The South Buffer Yard will be fifteen (15) feet in width along that
portion of the real estate contiguous with the southern boundary of
the real estate. The purpose of the South Buffer Yard is to provide
a transition to residential use.
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2. The landscaping within the South Buffer Yard shall include, within
each one hundred (100) foot increment, (i) five (5) shade trees, (ii)
five (5) ornamental trees, and (iii) twenty-seven (27) shrubs.
Evergreen trees may be substituted for shade trees and, for each
two (2) evergreen trees planted, one (1) fewer shade tree will be
required.
D.
East Buffer Yard.
1. The East Buffer Yard will be one hundred twenty (120) feet in
width along that portion of the real estate contiguous with the
eastern boundary of the real estate. The purpose of the East Buffer
Yard is to provide a transition to residential use. Evergreen trees
may be substituted for ornamental trees at a ratio of one (1)
evergreen tree per one (1) ornamental tree (1:1). Evergreen trees
may also be substituted for shrubbery at a ratio of three (3) shrubs
per one (1) evergreen tree (3:1).
2. The landscaping within the East Buffer Yard shall include, within
each one hundred (100) foot increment, (i) five (5) shade trees, (ii)
five (5) ornamental trees, and (iii) twenty-seven (27) shrubs.
Evergreen trees may be substituted for shade trees and, for each
two (2) evergreen trees planted, one (1) fewer shade tree will be
required. Evergreen trees may be substituted for ornamental trees
at a ratio of one (1) evergreen tree per one (1) ornamental tree
(1:1). Evergreen trees may also be substituted for shrubbery at a
ratio of three (3) shrubs per one (1) evergreen tree (3:1).
E.
Building Foundation Plantings. Each Building will have four elevations;
namely, a north elevation, a south elevation, an east elevation, and a west
elevation:
1. Fifty (50) percent of the length of three of the four elevations shall
be occupied by evergreen shrubs, all of which will be planted
within ten (10) feet of the applicable elevation;
2. In addition, shade trees and ornamental trees will be planted within
thirty (30) feet of each Building, in areas and groupings
determined by the developer. The number of required trees shall
be equal to the total lineal feet of the perimeter of the Building
divided by fifty (50).
3.
The plantings within the 146th Street Buffer Yard shall be credited
against any plantings required adjacent to the north elevation of the
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Buildings on Parcell, Parcel 2, and Parcel 3 which are closest to
146th Street.
F. Internal Parking Lot. Landscaping internal to parking lots shall occur at
any combination of planting islands, planting peninsulas, and entrance
ways, and provide not less than one (1) ornamental tree and/or shrub trees
and ten (10) shrubs for each fifteen (15) parking spaces; and
G. Perimeter Parking Lot. Perimeter parking landscaping shall exist alon~
the perimeter of the parking lot, except in those areas adjacent to the 146t
Street Buffer Yard, the South Buffer Yard, and the Hazel Dell Parkway
Buffer Yard. In each 100' segment of the perimeter parking lot to be
landscaped, perimeter parking lot landscaping shall consist of (i) twenty-
four (24) shrubs, sixty (60) percent of which will be evergreen shrubs, (ii)
three (3) evergreen or ornamental trees, and (iii) four (4) shade trees.
Section 7.2 Landscaping Standards. All plants proposed to be used in accordance with
any landscaping plans shall meet the following specifications:
A. Shade Trees. A minimum trunk diameter of two and one-half (2-1/2)
inches at six (6) inches above ground line, a minimum height of eight (8)
feet, and a branching height of not less than one-third (1/3) nor more than
one-half (112) of the tree height;
B. Ornamental Trees. A minimum trunk diameter of one and one-half (1-1/2)
inches at six (6) inches above ground line; and
c. Shrubs. Shrubs shall be twenty-four (24) inches at height at planting.
Section 7.3 Preliminary Landscape Plan. A preliminary landscape plan is attached
hereto and incorporated herein by reference as Exhibit "B" (the "Preliminary Landscape
Plan"). The Preliminary Landscape Plan is intended to illustrate the foregoing landscape
requirements (i) for Parcell, (ii) the Southern Buffer Yard, and (iii) the Eastern Buffer
Yard. The balance of the landscaping, not illustrated on the Preliminary Landscape Plan,
shall comply with the foregoing written standards, and shall be considered with an
application made for ADLS approval.
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Section 7.4 Landscaping Installation and Maintenance:
A. Installation: All required landscaping shall be installed 'prior to the
issuance of a final Certificate of Occupancy by the City. 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 temporary
Certificate of Occupancy.
B. Maintenance: It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping and retention ponds
approved in accordance with the Development Requirements specified for
this Ordinance. This is to include, but is not limited to, irrigation and
mulching of planting areas, replacing dead, diseased, or overgrown
plantings with identical varieties or a suitable substitute, and keeping the
area free of refuse, debris, rank vegetation and weeds.
C. Changes After Approval: No landscaping which has been approved by
the Commission may later be materially altered, eliminated or sacrificed,
without first obtaining further Commission approval. However, Minor
Alterations in landscaping may be approved by the Director in order to
conform to specific site conditions.
D. Inspection: The Director shall have the authority to visit the Real Estate
to inspect the landscaping and check it against the approved plan on file.
Section 7.5 Initial Landscaping: Landscaping within all Bufferyards shall be installed
during the first phase of construction/development.
Section 8
Parking Reauirements:
Section 8.1. The number of Parking Spaces required shall be one (1) Parking Space per
three hundred (300) square feet of Gross Floor Area.
Section 8.2. There shall be an appropriate number of parking spaces, accessible to the
Building(s) and identified as reserved for use by handicapped individuals, and these
spaces shall meet State requirements.
Section 9
Lighting Requirements:
Section 9.1. A site lighting plan shall be submitted to the Commission along with the
information and other plans for ADLS. The site lighting plan shall include the layout,
spread and intensity of all site lighting, including:
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A. Parking lot and service/storage area lighting;
B. Architectural, display lighting;
C. Security lighting; and
D. Landscape lighting.
Section 9.2. All site lighting shall be coordinated throughout the Real Estate and be of
uniform design, color and materials.
Section 9.3. The height of light standards shall not exceed twenty (20) feet from the top
of the fixture to the bottom of the pole base. The base ofthe pole shall not exceed two (2)
feet in height. .
Section 9.4. All exterior and street area lighting fixtures shall be of the "shoebox"
variety, which directs light downward. Any parking lot lighting or Building lighting
illumination emanating from the Real Estate shall not exceed (i) 0.1 Footcandle at the
east and south boundary lines, and (ii) 0.3 foot candles along all other perimeter
boundaries of the Real Estate.
Section 10 Signs
Section 10.1. Wall Signs.
A. Number & Tvpe: The maximum number of identification signs permitted
shall be two (2) wall signs for each Building.
B. Maximum Sign Area: 45 square feet each.
C. Location: The signs shall be located on the front of each Building. For
location purposes of this Section 10.1, the front location of each Building
shall be (i) the north and west elevations for Parcell, (ii) the north, east or
west elevations for Parcel 2, and (iii) the north or west elevations for
Parcel 3.
D. Design: All walls signs shall consist of individual letters and/or logo.
E. Illumination: Internally illuminated.
F. Sign Permit: Required.
G. Fees: Required.
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Section 10.2. Center Identification Sign:
A. Number: Two (2).
B. Maximum Sign Area: Thirty (30) square feet.
C. Maximum Height of Sign: Six (6) feet to top of sign area.
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D. Location: As permitted by ADLS approval; provided, however, that
Center Identification Signs shall be set back at least ten (10) feet from the
right-of-way and shall be within thirty (30) feet of the entrance.
E. Design: Signs shall comply with the approved architectural scheme of the
Buildings, and must be of a similar design, lighting and style of
construction. All signs shall have the same background and white letters,
unless otherwise approved by the Plan Commission. There shall be a
minimum of three (3) tenants per signs, and a maximum of five (5) tenants
per sign. Each tenant shall have equal space and may change only the
horizontal line.
F. Illumination: Internally illuminated.
G. Landscaping: Sign shall be accompanied by a landscaped area at least
equal to the total sign area.
H. Sign Permit: Required.
I. Fees: Required.
Section 10.3. 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 CarmeVClay Township Sign Ordinance Z-302,
are also incorporated by reference.
Section 11
Other ADLS Requirements
Section 11.1 Outside Storage of Refuse or Merchandise: No outside, unenclosed
storage of refuse (whether or not in containers) shall be permitted. All refuse shall be
contained completely within the Building(s) or in separate Accessory Structure(s). Any
separate Accessory Structure designed for refuse storage shall be architecturally
compatible with the Building(s).
Section 11.2 Mechanical Equipment: Any mechanical equipment visible from an
adjoining street shall be screened with suitable walls and landscaping and in general be
architecturally compatible with the Building(s) with which it is associated.
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Section 12
Approval Process:
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Section 12.1 ADLS and Development Plan Approval for Parcell. The Buildings,
improvements and site plan for Parcel 1 considered in connection with this Ordinance do
not require any further ADLS and/or Development Plan Approval. If there is a
Substantial Alteration in the approved ADLS and Development Plans, review and
approval of the amended plans by the Commission shall be made by the Commission, or
a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations
and Material Alterations may be approved by the Director.
Section 12.2 ADLS Approval for Parcel 2 and Parcel 3:
A. The Commission shall consider an ADLS approval petition for the
architecture, design, lighting, landscaping and signage of any improvement to
Parcel 2 or Parcel 3.
B. The ADLS approval request shall be a specific plan consisting of the
architectural design of any Buildings, landscaping, lighting, and signage for
any improvement to Parcel 2 or Parcel 3.
C. The Commission shall approve the ADLS with or without conditions, or
disapprove the ADLS.
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 Alterations 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 12.3 Approval or Denial of the Development Plan for Parcel 2 and Parcel 3:
A. The Commission shall consider and approve, with or without conditions,
or disapprove the Preliminary Development Plan for Parcel 2 and Parcel 3.
B. The Director shall approve, with or without conditions, or disapprove the
Final Development Plan (FDP) for Parcel 2 and Parcel 3; provided,
however, the Director shall not unreasonably withhold or delay hislher
approval of a FDP that is in substantial conformance with the
Development Plan approved by the Commission and the requirements of
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this Ordinance. If the Director disapproves the FDP for Parcel 2 or
Parcel 3, the Director shall set forth in writing the basis for the disapproval
and schedule the request for approval of the FDP for hearing before the
Commission.
C. An amendment to a FDP which does not alter the use of any land may be
reviewed and approved by the Director.
D. The FDP shall be a specific plan for the development of all or a portion of
the Real Estate that is submitted for approval by the Director showing
proposed facilities and structures, parking, drainage, erosion control,
utilities and Building information.
Section 13
Definitions and Rules of Construction:
Section 13.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
Section 13.2 Definitions.
A. Accessory Structure: A structure subordinate to a Building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the main use, located on the Real
Estate or in the same Building as the main use, and incidental to the main
use.
C. Alteration. Material: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
D. Alteration. Minor: Any change to an approved plan of any type that
involves the revision ofless than ten percent (10%) of the plan's total area
or approved materials.
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F.
H.
Alteration. Substantial: Any change to an approved plan of any type that
involves the revision often percent (10%) or more of the plan's total area
or approved materials.
Buffer Yard: All Buffer Yards shall be unoccupied, except for grass, plant
materials, sidewalks, driveway cuts, lakes, ponds, retention and detention
areas, road cuts, entrances, steps, walks, terraces, bike paths, lighting
structures, and other similar structures.
G.
Building: 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.
Building Height: The vertical distance from the ground level at the main
entrance to. the mean height between eaves and ridges for gable, hip and
gambrel roofs.
I.
City: The City of Carmel, Indiana.
J.
Commission: The Carmel/Clay Plan Commission.
K.
Council: The City Council of the City of Carmel, Indiana.
L.
Countv: Hamilton County, Indiana.
M.
Development Plan. Preliminary: 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.
N.
Development Plan. Conceptual: 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).
O.
Development Requirements: Development standards and any requirements
specified in this Ordinance which must be satisfied in connection with the
approval of a Development Plan.
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R.
Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
Q.
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.
Gross Floor Area (Construction Area): The floor area, as measured by the
face of the exterior Building material. Gross Floor Area shall not include
the floor area of any basements.
S.
Landscaping: The improvement of the Real Estate with grass and
mounding, shrubs, trees, other vegetation and/or ornamental objects.
Landscaping may include pedestrian walks, flower beds, retention ponds,
ornamental objects such as fountains, statues and other similar natural or
artificial objects designed and arranged to produce an aesthetically
pleasing effect.
T.
Parking Space: An area having a rectangular area of not less than one
hundred eighty (180) square feet and a minimum width of nine (9) feet
exclusive of driveways, permanently reserved for the temporary storage of
one automobile.
u.
Professional Office: An office of a member of a recognized profession
such as an architect, attorney, dentist, engineer, physician or surgeon.
v.
Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
W.
Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
x.
Setback: The least measured distance between a Building or structure and
the perimeter boundary of the Real Estate. For purposes of determining
Set Back, the perimeter boundary of the Real Estate (i) shall always mean
and refer to the outside perimeter boundary line of the Real Estate and
(ii) shall not be changed or reduced by reason of the platting or
subdivision of the Real Estate into smaller parcels.
Y.
Sign: 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.
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Z. StOry: 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 roofbeams.
AA. 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.
BB. Trash Enclosure: An enclosed accessory structure that is designed to
screen and protect waste r~ceptacles from view and to prevent waste
debris from dispersing outside the enclosure.
CC. Use: The employment or occupation of a Building, structure or land for a
person's service, benefit or enjoyment.
Section 14. Violations. All violations of this Ordinance shall be subject to Section 34.0
of the Carmel/Clay Zoning Ordinance.
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PASSED by the Common Council of the City of Carmel, Indiana this
, 2002, by a vote of ayes and nays.
day of
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
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the _ day of
,2002, at o'clock _.M.
Diana L. Cordray, IAMC, Clerk Treasurer
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Approved by me, Mayor of the City of Carmel, Indiana, this
,2002, at o'clock .M.
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
H:\1anet\Plum CreeklDraft PUD 120S02.doc
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day of