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Draft: 4110/2007
Revised: 4/13/2007
5/9/2007
5/17/2007
5/18/2007
REA L TV COR PO RAT ION
ORDINANCE
-07 -Z
116TH STREET CROSSING
PLANNED UNIT DEVELOPMENT DISTRICT
* 0' oS60llo 1.
BOSE
McKINNEY
&EVANSILP
ATTORNEYS AT LAW
NELSON & FRANKENBERGER
Prepared by:
Steven B. Granner, AICP
Zoning Consultant
Bose McKinney & Evans LLP
301 Pennsylvania Parkway, Suite 300
Indianapolis, IN 46280
317-684-5300
857375_5
Submitted by:
Charles D. Frankenberger, Esq.
Nelson & Frankenberger
3105 East 98th Street
Suite 170
Indianapolis, IN 46280
317-844-0106
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TABLE OF CONTENTS
CHAPTER 1.0 APPLICABILITY OF ORDINANCE. ....................................................1
Section 1.1 Zone Map Change. ............................................................................1
Section 1.2 Governing Provisions. ........................................................................ 1
Section 1.3 Controlling Document.............................. ...........................................1
CHAPTER 2.0 CONCEPTUAL DEVELPOMENT PLAN. ............................................2
Section 2.1 The District. ......... ............................................................................... 2
Section 2.2 Area A - Permitted Uses....................................................................2
Section 2.3 Area B - Permitted Uses....................................................................4
Section 2.4 Area C - Permitted Uses................................................................... 5
Section 2.5 Area D - Permitted Uses. .............. ......... ...........................................6
CHAPTER 3.0 DEVELOPMENT STANDARDS. .................................. ....................... 8
Section 3.1 Development Standards - Commercial Buildings. .............................8
Section 3.2 Development Standards - Detached Dwellings and Attached
Residential Buildings.......................;... ............ ....... ........ ..... ................9
Section 3.3 Maximum Unit Limitations. ...............................................................11
CHAPTER 4.0 ARCHITECTURAL DESIGN REQUIREMENTS. ..............................11
Section 4.1 Architectural Design Requirements - Office Buildings. ....................11
Section 4.2 Architectural Design Requirements - Retail Buildings. ....................11
Section 4.3 Architectural Design Requirements - Hotel Building........................ 13
Section 4.4 Architectural Design Requirements - Detached Dwellings and
Attached Dwelling Buildings. .............................................................14
Section 4.41 Architectural Design Requirements - Detached Dwellings. ............. 14
Section 4.42 Architectural Design Requirements - Attached Dwelling
Buildings. ............................................... ........................................... 16
Section 4.5 Architectural Design Requirements - Parking Plazas. .....................17
CHAPTER 5.0 LANDSCAPING REQUIREMENTS. .................................................18
Section 5.1 Landscape Plans.............................................................................. 18
Section 5.2 Greenbelts.. .................. .................................... .................. .............18
Section 5.3 Perimeter Planting Strips. .. ..................................... ......................... 18
Section 5.4 Building Based Planting Strips. ........................................................19
Section 5.5 Parking Lot Landscaping................. ............ .....................................19
Section 5.6 Total Landscaping Required. ...........................................................20
Section 5.7 Landscaping Standards. ..................................................... .............20
Section 5.8 Landscaping Installation and Maintenance...................................... 21
CHAPTER 6.0 PARKING REQUIREMENTS. ............ ............ ................................... 22
Section 6.1 Design. ............................................................................................. 22
Section 6.2 Pedestrian Access. . ........... ................... ....................................... ....22
Section 6.3 Minimum Required Spaces. .............................................................22
Section 6.4 Handicapped Parking.................................. .....................................22
CHAPTER 7.0 LIGHTING REQUIREMENTS. .... ......................................................23
Section 7.1 Lighting Plan. .................................................... ...............................23
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Section 7.2 Design. ................. ........................... .................. ........................ ......23
Section 7.3 Height.................................. .................................................. .......... 23
Section 7.4 Fixtures. .......................................................................................... 23
CHAPTER 8.0 SIGN REQUIREMENTS. .. ....................... ..................... ....................23
Section 8.1 Upper Level Signs...........................................................................23
Section 8.2 Lower Level Signs........................................................................... 24
Section 8.3 The District Identification and Real Estate (Leasing) Signs.............25
Section 8.4 Other Provisions................................................. .............................25
CHAPTER 9.0 OTHER REQUiREMENTS................................................................ 25
Section 9.1 Outside Storage of Refuse. .............................................................25
Section 9.2 Loading Berths............................................ ....................................25
Section 9.3 Mechanical Equipment.................................................................... 26
CHAPTER 10.0 APPROVAL PROCESS. .................. ................................................26
Section 10.1 Approval of ADLS............................................................................ 26
Section 10.2 Approval or Denial of Plats, Conceptual Development Plans
and Final Development Plans. .........................................................26
Section 10.3 Approval of Uses. ............................................................................27
Section 10.4 Modification of Development Requirements.................................... 28
CHAPTER 11.0 DEFINITIONS AND VIOLATIONS. ..................................................28
Section 11.1 Construction of Language; Definitions. ...........................................28
Section 11.2 Violations of Ordinance. ..................................................................37
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
TABLE OF EXHIBITS
Legal Description
Conceptual Development Plan (COP)
Character Illustrations of Office Buildings
Character Illustrations of Parking Plazas
Character Illustrations of Retail Buildings
Character Illustrations of a Hotel Building
Character Illustrations of Residential Buildings
Character Illustrations of Greenbelts
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Ordinance _-07-Z
AN ORDINANCE ESTABLISHING THE
116TH STREET CROSSING
Planned Unit Development District
WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z-289 (the "Carmel
Zoning Ordinance") provides for the establishment of a Planned Unit Development
District in accordance with the requirements of IC ~36-7 -4-1500 et seq.; and
WHEREAS, the Carmel Plan Commission (the "Commission") has given a
favorable recommendation to this ordinance as set forth herein (the "Ordinance") which
establishes the 116th Street Crossing Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC ~36-7-4-1500 et seq., it adopts
this Ordinance, as an amendment to the Carmel 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 made inapplicable to the
use and development of the Real Estate, and (iii) this Ordinance shall be in full force
and effect from and after its passage and signing by the Mayor.
CHAPTER 1.0 APPLICABILITY OF ORDINANCE.
Section 1.1 Zone MaD Chanae. The Official Zoning Map of the City of Carmel and
Clay Township, a part of the Carmel Zoning Ordinance, is hereby changed to designate
the land described in Exhibit 1 (the "Real Estate") as a Planned Unit Development
District to be known as 116th Street Crossing.
Section 1.2 Governina Provisions. Development in the District shall be governed
entirely by (i) the provisions of this Ordinance and (ii) those provisions of the Carmel
Zoning Ordinance specifically referenced in this Ordinance. When there is reference to
the Carmel Zoning Ordinance in this Ordinance, then only the provisions of the Carmel
Zoning Ordinance so referenced, as are in effect under the Carmel Zoning Ordinance in
effect on the date of enactment of this Ordinance, shall be applicable to the District.
Development of the Real Estate shall not be governed, in whole or in part, by any
existing or future overlay district regulations that may include any part of the Real
Estate.
Section 1.3 Controllina Document. In the event of a conflict between this Ordinance
and the Carmel Zoning Ordinance (including the Sign Ordinance), the provisions of this
Ordinance shall apply.
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CHAPTER 2.0 CONCEPTUAL DEVELPOMENT PLAN.
Section 2.1 The District. The District shall be developed as generally depicted on
the Conceptual Development Plan (the "COP") as shown on Exhibit 2. The Conceptual
Development Plan designates four Areas of development. The size of these four Areas
may increase or decrease a maximum of twenty percent (20%) during the Final
Development Plan (the "FOP") approval process.
A. Area A will be primarily a retail development and may also include Offices,
Attached Dwellings within an Office Building, Hotel, Attached Dwellings
within a Hotel Building, Loft or Parking Plaza components.
B. Area B will be primarily an Office development and may also include,
Attached Dwellings within an Office Building, Hotel, Attached Dwellings
within a Hotel Building, or Parking Plaza components.
C. Area C will be primarily an Office Development and may also include
Detached Dwelling, Attached Dwelling or Parking Plaza components.
D. Area 0 will be primarily an Office development and may also include
Attached Dwellings within an Office Building, Hotel, Attached Dwellings
within a Hotel Building, or Parking Plaza components.
E. Primary Uses in any Area may be integrated such that any combination of
permitted Uses may be located within an individual Building.
F. Retail Overlay - The Conceptual Development Plan identifies a "Retail
Overlay" which extends through Area B, Area C and Area 0, and which is
(i) two hundred (200) feet in width, by parallel lines, off of the west side of
Illinois Street and (ii) two hundred (200) feet in width, by parallel lines, off of
the east side of Illinois Street. Within the Retail Overlay, all Retail Uses
specified in Section 2.2.A below are permitted primary Uses, along with
Lofts.
Section 2.2 Area A - Permitted Uses.
A. Permitted Primary Uses.
1. Retail - including but not limited to: apparel shop; art gallery; art and
music center; bakery; bookstore; business and electronic machines
and equipment sales; camera shop; candy or ice cream shop;
duplicating and blue print establishment; flower shop; gas station;
haberdashery; jewelry store; leather and luggage; millinery shop;
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B.
news dealer; office supply store; optician and optical supply;
orthopedic and medical appliance and supply sales; pharmacy;
photographic studio; printing shop; shoe repair shop; shoe store;
stationer; specialty grocery store, tailor and dressing shop; variety
store.
2.
General Service Establishments - including but not limited to:
barbershop; beauty shop; dry cleaning and laundry establishment;
health spa or fitness center.
3.
Food Services - Cafeteria; Coffee Shop; Delicatessen; Restaurant.
4.
Offices, any type.
5.
6.
Hotel.
Attached Dwellings within a Hotel Building.
7.
Lofts.
Permitted Accessory Uses and Structures. Accessory Uses and
Accessory Structures subordinate, appropriate and incidental to the
Permitted Primary Uses shall be permitted, including but not limited to
Parking Plazas, enclosed parking, surface parking, loading areas, Trash
Enclosures, Automated Teller Machines (ATMs), and utilities.
1.
The following accessory retail and service commercial uses shall be
permitted within the Building(s) or within any connecting links between
the buildings:
a. Cafeteria; Coffee Shop; Deli; Restaurant
b. Gift Shops
c. Photocopying and Duplicating Services
2.
The following accessory supportive service uses shall be permitted
within the Buildings(s) or within any connecting links between the
Building(s):
a. Conference Center
b. Day Care Center
c. Fitness Center
3.
Accessory Uses, accessory retail, accessory service commercial,
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accessory supportive services, or accessory structures, if utilized,
shall have as their primary purpose the serving of the occupants or
employees of the Buildings.
4. A trail system shall be permitted that will serve the District and will
connect to a future trail or sidewalk system along Spring Mill Road,
which may include the installation of fitness stations, benches and
similar trail appurtenances. The trail system and any trail
appurtenances shall be developed in compliance with the City's
standards for multi-use trails.
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5. 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 2.3 Area B - Permitted Uses.
A. Permitted Primary Uses.
1. Offices, any type.
2. Hotel.
3. Attached Dwellings within an Office Building.
4. Attached Dwellings within a Hotel Building,
5. Retail Uses, specified in Section 2.2.A, in the Retail Overlay.
B. Permitted Accessorv Uses and Structures. Accessory Uses and
structures, subordinate, appropriate and incidental to the above-permitted
primary uses, including but not limited to: Parking Plazas, enclosed
parking, surface parking, loading areas, Trash Enclosures, Automated
Teller Machines (ATMs), and utilities.
1. The following accessory retail and service commercial uses shall be
permitted within the Building(s) or within any connecting links between
the Buildings:
a. Cafeteria; Coffee Shop; Deli; Restaurant
b. Gift Shops
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c. Photocopying and Duplicating Services
2. The following accessory supportive service uses shall be permitted
within the Building(s) or within any connecting links between the
Building(s):
a. Conference Center
b. Day Care Center
c. Fitness Center
3. Accessory Uses, accessory retail, accessory service commercial,
accessory supportive services, or accessory structures, if utilized,
shall have as their primary purpose serving the occupants or
employees of the Buildings.
4. A trail system shall be permitted that will serve the District and will
connect to a future trail or sidewalk system along Spring Mill Road,
which may include the installation of fitness stations, benches and
similar trail appurtenances. The trail system and any trail
appurtenances shall be developed in compliance with the City's
standards for multi-use trails.
5. 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 2.4 Area C - Permitted Uses.
A. Permitted Primarv Uses.
1. Offices, any type.
2. Detached Dwellings.
3. Attached Dwellings.
4. Attached Dwellings within an Office Building.
5. Retail Uses, specified in Section 2.2.A, in the Retail Overlay.
B. Permitted Accessorv Uses and Structures. Accessory Uses and
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structures, subordinate, appropriate 'and incidental to the above-permitted
uses, including but not limited to: Parking Plazas, enclosed parking,
surface parking, loading areas, Trash Enclosures, Automated Teller
Machines (ATMs), porches, decks, awnings, canopies, patios and utilities.
1. The following accessory retail and service commercial uses shall be
permitted within the building(s) or within any connecting links between
the buildings:
a. Cafeteria; Coffee Shop; Deli
b. Photocopying and Duplicating Services
2. The following accessory supportive service uses shall be permitted
within the building(s) or within any connecting links between the
building(s):
a. Conference Center
b. Day Care Center
c. Fitness Center
3. Accessory Uses, accessory retail, accessory service commercial,
accessory supportive services, or accessory structures, if utilized,
shall have as their primary purpose serving the occupants or
employees of the Buildings.
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4. A trail system shall be permitted that will serve the District and will
connect to a future trail or sidewalk system along Spring Mill Road,
which may include the installation of fitness stations, benches and
similar trail appurtenances. The trail system and any trail
appurtenances shall be developed in compliance with the City's
standards for multi-use trails.
5. 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 2.5 Area 0 - Permitted Uses.
A. Permitted Primary Uses.
1. Offices, any type.
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B.
2.
Hotel.
3.
Attached Dwellings within an Office Building.
4.
Attached Dwellings within a Hotel Building
5.
Retail Uses, specified in Section 2.2.A, in the Retail Overlay.
Permitted Accessory Uses and Structures. Accessory Uses and
structures, subordinate, appropriate and incidental to the above-permitted
primary uses, including but not limited to: Parking Plazas, surface parking,
loading areas, Trash Enclosures, Automated Teller Machines (ATMs), and
utilities.
1.
The following accessory retail and service commercial uses shall be
permitted within the building(s), within any connecting links between
the buildings, or within a Parking Plaza:
a. Cafeteria; Coffee Shop; Deli.
b. Photocopying and Duplicating Services.
c. Vehicle Service Facility:
(i). It shall be located on the interior of a parking
plaza.
(ii). It shall be a service only to the occupants
of the Buildings located on the Real Estate.
(iii). It shall not be visible from the perimeter of the
Real Estate.
(iv). No sign identifying the facility that is viewable,
or intended to be viewable, from any public
right-of-way shall be permitted.
2.
The following accessory supportive service uses shall be permitted
within the Building(s) or within any connecting links between the
Building(s):
a. Conference Center
b. Day Care Center
c. Fitness Center
3.
Accessory Uses, accessory retail, accessory service commercial,
accessory supportive services, or accessory structures, if utilized,
shall have as their primary purpose serving the occupants or
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employees of the buildings.
4. A trail system shall be permitted that will serve the District and will c\( /!'
connect to a future trail or sidewalk system along Spring Mill Road, \.\. \. ~--.
which may include the installation of fitness stations, benches and
similar trail appurtenances. The trail system and any trail
appurtenances shall be developed in compliance with the City's
standards for multi-use trails.
5. 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.
CHAPTER 3.0 DEVELOPMENT STANDARDS.
Section 3.1 . Development Standards - Commercial Buildinas.
A. Minimum Parcel Size. There is no minimum Parcel size; however, the
development of the Parcel must still conform to the Final Development
Plan (the "FOP") applicable to the Parcel, as approved or amended by the
Director, and all other applicable requirements contained in this Ordinance.
B. Maximum Building Height.
1. For all Buildings in Areas A, Band C, the maximum Building Height
shall be the lesser of (i) ninety-two (92) feet plus an additional twenty-
one (21) feet for a penthouse and/or mechanical or utilitarian roof top
appurtenances or (ii) six (6) stories plus an additional twenty-one (21)
feet for a penthouse and/or mechanical or utilitarian roof top
appurtenances.
2. For all Buildings in Area 0, the maximum building height shall be the
lesser of (i) one hundred eighty (180) feet plus an additional twenty-
one (21) feet for a penthouse and/or mechanical or utilitarian roof top
appurtenances or (ii) fourteen (14) stories plus an additional twenty-
one (21) feet for a penthouse and/or mechanical or utilitarian roof top
appurtenances.
C. Maximum Parkina Plaza Heiaht. Any Parking Plaza located on the Real
Estate shall be limited to grade plus three (3) levels and shall not exceed a
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height of forty (40) feet.
D. Minimum Buildina Heiaht. For all Buildings in Area A, Area B, Area C or
Area D of the Real Estate, the minimum Building height shall be fourteen
(14) feet, with a minimum of twelve (12) feet to the lowest eaves for a
Building with a gable, hip or gambrel roof. ~~
E. Maximum Buildina and Structure Coveraae. ~ Qo-~
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1. Maximum Building and Structure Coveragt shall not exceed sixty-five
percent (65%) of the Real Estate.
2. Maximum Floor Area Ratio (F.A.R.) of all Buildings within the Real
Estate shall be 0.70.
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F. Minimum Building and Parkina Plaza Setbacks. The minimum Building ~O
and Parking Plaza setbacks shall be as follows: (i) 0 feet from the
proposed right-of-way of 116th Street; (ii) 20 feet from the proposed right-
of-way of Springmill Road; (iii) 20 feet from the proposed right-of-way of
111th Street; and, (iv) 0 feet from the proposed right-of-way of Illinois
Street.
G. Maximum Gross Floor Area. The total Gross Floor Area of all Buildings
located upon the Real Estate, divided by the total number of acres within
the Real Estate, shall not exceed 28,000 square feet.
H. Minimum Gross Floor Area.
1. Area A. Area B and Area D Minimums: 1,000 square feet for any
Building.
2. Area C Minimum: 5,000 square feet for any Building
3. Permitted accessory structures need not meet the minimum gross
floor area requirement.
Section 3.2 Development Standards - Detached Dwellinas and Attached
Residential Buildinas.
A. Minimum Parcel Size. All Attached Dwelling Buildings shall have a
minimum parcel size of one (1) acre.
B. Minimum Parcel Width. All Attached Dwelling Buildings shall have a
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c.
D.
E.
F.
G.
minimum parcel width of one hundred and fifty (150) feet.
Maximum Buildina Heiaht. All Detached Dwellings and Attached Dwelling
Buildings shall have a maximum Building height of forty (40) feet.
Minimum Ground Floor Area.
1.
Detached Sinale Familv Dwelling:
a. One Story - eight hundred (800) square feet.
b. Two or More Stories - six hundred (600) square feet.
2.
Attached Familv Dwellinas: Six hundred (600) square feet per
Dwelling unit.
Maximum Lot or Parcel Coveraae. Maximum lot coverage shall be fifty
percent (50%) of the Lot for Detached Dwellings and seventy-five percent
(75%) of the Parcel for all Attached Dwellings.
Minimum Buildina Setbacks.
1.
Minimum Front Yard: Twenty (20) feet, but in no case greater than
thirty (30J feet, from 116th Street and Illinois Street. Thirty (30) feet
from 111 h Street and Spring Mill Road.
2.
Minimum Side Yard: Five (5) feet for Detached Dwellings and ten (10)
feet for all other uses. Provided, however, Attached Dwellings may
have zero (0) feet side yards along the common wall between units.
3.
Minimum Rear Yard: Twenty (20) feet for Detached Dwellings and ten
(10) feet for all other uses.
Minimum Number of Parking Spaces.
1.
Detached Dwellinas: Two (2) parking spaces per Dwelling unit.
2.
Attached Dwellinas:
a. Parking areas shall not be located in front of the established
front building line oriented toward Spring Mill Road or 111 th
Street.
b. Two (2) parking spaces per Dwelling unit.
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Section 3.3 Maximum Unit Limitations.
A. Detached Dwellinas: 7 units per acre.
B. Attached Dwellinas not within in an Office Buildina or Hotel Building: 50
units per acre.
CHAPTER 4.0 ARCHITECTURAL DESIGN REQUIREMENTS.
Section 4.1 Architectural Desian Reauirements - Office Buildinas. The intent of
these design requirements is to provide sufficient regulations for the development of
offices on the Real Estate. These requirements establish the character, value, look, and
style of the office buildings. As a further design guideline, attached are photographs
which are intended to represent the intent of these design requirements as applied to an
office building (Character Illustration - EXHIBIT 3). Also attached are photographs
which are intended to represent the proposed appearance of any accessory Parking
Plaza (Character Illustration - EXHIBIT 4) that might be constructed on the Real Estate.
A. Suitability of buildina materials. A minimum of three materials shall be
used for building exteriors from the following list: stone, brick, 'Quick Brick',
pre-cast (panels or detailing), E.I.F.S., metal panels, glass, ornamental
metal. - ....
B. Buildina desian. All buildings shall be designed with a minimum of eight
external corners, in order to eliminate monotonous box buildings, unless
otherwise approved by the Commission.
C. Roof desian. Sloped roofs shall be a maximum of one hundred (100) feet
without a change in roof plane or inclusion of a gable or dormer. Sloped
roofs shall be either standing seam metal or dimensional shingles.
D. Buildina oenthouses. Building penthouses must be incorporated into the
building facade design, including exterior materials specifications.
Section 4.2 Architectural Desian Reauirements - Retail Buildinas. The intent of
these design requirements is to provide sufficient regulations for the development of
retail buildings on the Real Estate. These requirements establish the character, value,
look, and style of the retail buildings. As a further design guideline, attached are
photographs which are intended to represent the intent of these design requirements as
applied to a retail building (Character Illustration - EXHIBIT 5). Also attached are
photographs which are intended to represent the proposed appearance of any
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accessory Parking Plaza (Character Illustration - EXHIBIT 4) that might be constructed
on the Real Estate.
A. All elevations shall be masonry, brick, stone, cultured stone, ~., wood
or a masonrylwood based siding product, excluding windows, doors and
similar appurtenances. Concrete block is not a permitted exterior finish
material.
B. Front and side facades shall be of the same materials and similarly
detailed. All facades of single-use buildings shall be of the same materials
and similarly detailed.
C. All entrances shall be defined by architectural elements such as lentels,
pediments, plasters, columns, awnings and other design elements
appropriate to the architectural style and details of the building as a whole
or shall project or recess by not less than four (4) feet. All entrances shall
be covered.
D. Windows shall be pedestrian in scale. Storefronts should maximize
transparency and have appropriate signage and lighting.
E. The roofs of buildings shall be gabled, hop, full or parapet and shall be clad
in wood shingles, slate, dimensional "shaped" asphalt/fiberglass shingles,
standing-seam metal, composite or PVC.
F. Dormers shall be designed with the correct details, proportion and style
consistent with the overall building composition and roofed with
symmetrical gable, hop or barrel roofs. Belvederes, cupolas, and pergolas
shall be permitted if appropriate to the style, well proportioned, and fully
detailed.
G. All vents, attic ventilators, turbines, flues and other roof penetrations shall
be painted to match the color of the roof or flat black.
H. Rooftop equipment shall be fully screened on all sides. using parapets,
penthouse screens or other similar methods and which are integrated into
the overall building design.
I. Gutters and downspouts shall be appropriate to or visually integrated with
the architectural style of the structure.
J. All trash collection facilities shall be masonry enclosed with decorative
gates in discrete but accessible areas.
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K. Building width ratio requirements shall be as follows:
1. Front facades fewer than twelve (12) feet long, measured horizontally,
and side and rear facades shall not require any fenestration.
2. Front facades greater than twelve (12) feet long, measured
horizontally, shall require thirty percent (30%) fenestration.
3. Facades greater than sixty (60) feet in length, measured horizontally,
shall incorporate wall plane projections or recesses having a depth of
at least three percent (3%) of the length of the fa9ade and extending
at least twenty percent (20%) of the length of the fa9ade. No
uninterrupted length of any fa9ade shall exceed sixty (60) horizontal
feet.
4. Facades shall include a repeating pattern that includes no fewer than
three (3) of the following elements: color change; texture change;
material change; fenestration, doors or openings change; or profile
change (turns and projections, etc.).
L. Parking areas shall be planned to accomplish a desirable transition with
the streetscape and to provide for adequate planting, safe pedestrian
movement and connection to the District pedestrian pathwaylwalkway/trail
system.
Section 4.3 Architectural Desian Reauirements - Hotel Buildina. The intent of
these design requirements is to provide sufficient regulations for the development of a
Hotel Building on the Real Estate. These requirements establish the character, value,
look, and style of the Hotel Building. As a further design guideline, attached are
photographs which are intended to represent the intent of these design requirements as
applied to a Hotel Building (Character Illustration - EXHIBIT 6). Also attached are
photographs which are intended to represent the proposed appearance of any
accessory Parking Plaza (Character Illustration - EXHIBIT 4) that might be constructed
on the Real Estate.
A. Suitability of buildina materials. A minimum of three materials shall be
used for building exteriors from the following list: stone, brick, 'Quick
Brick', _~.I.F.S., pre-cast (panels or detailing), metal panels, glass,
ornamental metal.
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B. Buildina desian. All buildings shall be designed with a minimum of eight
external corners, in order to eliminate monotonous box buildings, unless
otherwise approved by the Commission.
C. Roof desian. Sloped roofs shall be a maximum of one hundred (100) feet
without a change in roof plane or inclusion of a gable or dormer. Sloped
. roofs shall be either standing seam metal or dimensional shingles.
D. Buildina penthouses. Building penthouses must be incorporated into the
building fa~ade design, including exterior materials specifications.
Section 4.4 Architectural Desian Reauirements - Detached Dwellinas and
Attached Dwellina Buildinas. The intent of these design requirements is to provide
sufficient regulations for the development of detached dwellings and Attached Dwelling
Buildings. These requirements establish the character, value, look, and style of the
buildings. As a further design guideline, attached are photographs which are intended to
represent the intent of e' requirements as applied to residential buildings
(Character lIIustratio - EXHIBIT ).
Section 4.41 Architectural Desian Reauirements - Detached Dwellinas.
A.
100% of the first floor of all front elevations, excluding WindOWS~~ and
similar appurtenances, shall be brick, stone, cultured stone or .LF: .; up
to eight (8) feet in height. Provided, however, that if the design or IFS of
building so dictates, the brick, stone, cultured stone or E.LF.S. which would
occupy the first floor of the front elevation up to eight (8) feet in height,
excluding windows, doors, and similar appurtenances, may be located
anywhere on the front elevation. In the alternative, the exterior building
material of the entire building or structure may be a masonrylwood based
siding product, in which case, no brick, stone, cultured stone or E.LF.S.
shall be required as an exterior building material. In no case shall concrete
block be permitted as an exterior finish material.
B.
Window grids shall be provided on all operable non-casement windows on
all elevations.
C.
Chimney chases shall be enclosed.
D.
One dusk to dawn light shall be required on the front fa~ade of each
dwelling unit; or, on each side of the front fa~ade of the garage; or, as a
pole yard light.
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E.
The pitch of all roofs, exclusive of roofs on porches, bump-outs, dormers,
and other ancillary structures, shall be a minimum of 6/12 (6 vertical to 12
horizontal).
F.
No dwellings shall have the same front elevation or exact color scheme
within a 3-lot "snapshot" on the same side of the street, or of the home
immediately across the street from the center of the 3-lot "snapshot".
G.
Minimum two (2) car garages shall be required.
H.
Vinyl siding shall not be permitted on any Dwelling.
I.
In addition, each Detached Dwelling shall have at least three (3) of the
items below:
1. The entire front elevation of 100% brick, stone or cultured stone;
excluding windows, doors and similar appurtenances
2. Brick, stone or cultured stone wainscot around the rear and both side
elevations; excluding windows, doors and similar appurtenances
3. Dormers
4. Reverse gable or hip roof
5. Covered front porch (minimum 16 sq. ft.)
6. Decorative door surround, trim molding or header
7. Garage bump-out (minimum 2 ft.)
8. A raised wood deck (80 sq. ft. min.) or concrete patio (80 sq. ft. min.)
provided on the rear elevation.
9. Shutters on all operable windows
10. Keystone or decorative brick or wood surround on one or more
windows or doors
11. Bay or "boxed-out" window
12. Decorative trim molding at gutter height
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13. Decorative garage door(s)
14. Side or rear loaded garage
J. Each subdivision shall be planned to accomplish a desirable transition with
the streetscape and to provide for adequate planting, safe pedestrian
movement and connection to the District pedestrian pathwaylwalkway/trail
system.
Section 4.42 Architectural Desian Reauirements - Attached Dwellina Buildinas.
A. 100% of the first floor of all front elevations, excluding windows, doors and
similar appurtenances, shall be brick, stone, cultured stone or ELF.S.; up
to eight (8) feet in height. Provided, however, that if the design of building
so dictates, the brick, stone, cultured stone or ELF.S. which would occupy
the first floor of the front elevation up to eight (8) feet in height, excluding
windows, doors, and similar appurtenances, may be located anywhere on
the front elevation. In the alternative, the exterior building material of the
entire building or structure may be a masonry/wood based siding product,
in which case, no brick, stone, cultured stone or ELF.S. shall be required
as an exterior building material. In no case shall concrete block be
permitted as an exterior finish material.
B. Rooftop equipment shall be fully screened on all sides using parapets,
penthouse screens or other similar methods which are integrated into the
overall building design.
C. Window grids shall be provided on all operable non-casement windows on
all elevations.
D. Chimney chases shall be enclosed.
E Sloped roofs shall extend with "overhangs" a minimum 0 nine (9) inches
on all sides of the building. Sloped roofs shall be a maxI of one
hundred (100) feet without a change in roof plane or inclusion of a gable or
dormer. Sloped roofs shall be either standing seam metal or dimensional
shingles.
F. Vinyl siding shall not be permitted.
G. Any side elevation windows shall be treated by a decorative header,
surround or similar appurtenance.
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H. All utility panels shall be screened or located in an area not visible from a
public street right-of-way.
I. In addition, each Attached Dwelling Building shall have at least two (2) of
the items below:
1. Dormers
2. Reverse gable or hip roof
3. Decorative door surround, trim molding or header
4. Accent siding, decorative vents, or accents in gable peak or face
5. All front entry doors include sidelights or a transom
6. Shutters on all operable windows
7. Bay or "boxed-out" windows
8. A keystone or decorative brick or wood surround provided on one or
more windows or doors on the front elevation
9. Decorative columns
10. Decorative trim molding at gutter height
11. Brick full height of front fa~ade, including gables
12. Brick wainscot around rear and both side elevations
J. Parking areas shall be planned to accomplish a desirable transition with
the streetscape and to provide for adequate planting, safe pedestrian
movement and connection to the District pedestrian pathwaylwalkway/trail
system.
Section 4.5 Architectural Desian Reauirements - Parkina Plazas. Above-grade,
structured parking facilities shall have on all sides architectural features that are
compatible with the building(s) with which they are associated. As a further design
guideline, attached are photographs which are intended to represent the intent of these
design requirements as applied to parking plazas (Character Illustration - EXHIBIT 4).
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CHAPTER 5.0 LANDSCAPING REQUIREMENTS.
Section 5.1 Landscape Plans. A Landscape Plan shall be submitted to the
Commission for its approval at the same time other plans (Le., architectural design,
lighting, parking and signage) are submitted. The Landscape Plan shall (i) be drawn to
scale, including dimensions and distances; (ii) delineate all existing and proposed
Buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways,
ground and monument signs, lighting standards, steps or other similar structures; and,
(iii) delineate the location, size and description of all proposed landscape material and
the irrigation system for all planting areas. Landscape treatment for plaza road, path,
service and parking areas shall be designed as an integral and coordinated part of the
Landscape Plan for the Real Estate.
Section 5.2 Greenbelts.
A. A greenbelt shall be provided adjacent to the 111 th Street right-of-way
(Character Illustration - EXHIBIT 8) and shall be a minimum of twenty (20)
feet in width and landscaped per the requirements of Section 5.7. B hereof.
This greenbelt area shall be unoccupied except for plant material, steps,
walks, trails, terraces, bike paths, driveways, lighting standards, signs and
other similar structures (excluding parking).
B. A greenbelt shall be provided adjacent to the Spring Mill Road right-of-way
(Character Illustration - EXHIBIT 8) and shall be a minimum of twenty (20)
feet in width and landscaped per the requirements of Section 5.7.B hereof.
This greenbelt area shall be unoccupied except for plant material, steps,
walks, trails, terraces, bike paths, lighting standards and other similar
structures (excluding driveways and parking).
Section 5.3 Perimeter Plantina Strips.
A. Except where Buildings are located, there shall be a landscaped planting
strip located adjacent to the right-of-way for 116th Street which shall be a
minimum of ten (10) feet in width and landscaped pursuant to Section
5.7.C.1 hereof.
B. Except where Buildings are located, there shall be landscaped planting
strips located adjacent to the proposed right-of-way for Illinois Street Road
which shall be a minimum of ten (10) feet in width and landscaped
pursuant to Section 5.7.C.1 hereof.
C. These landscaped planting strips shall be unoccupied except for plant
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material, steps,' walks, trails, terraces, bike paths, driveways, lighting
standards, signs and other similar structures (excluding parking).
Section 5.4 Buildina Based Plantina Strips.
A. Planting Strips Adiacent to Office Buildings or a Hotel Building.
1. A minimum planting area equal to an area measuring five (S) feet in
depth shall be installed on all sides of the building{s) and landscaped
pursuant to Section S.l.C.2 hereof.
2. Outdoor terraces and sidewalks may be permitted in these areas.
3. If an outdoor terrace or sidewalk cuts into a planting area, the
displaced area shall be an additional area added to the building
perimeter planting.
4. These additional adjacent planting areas need not be rectangular in
shape as long as the required amount of space is landscaped. These
additional adjacent planting areas may abut an outdoor terrace area.
B. Planting Adiacent to Retail Buildings.
1. A planting area equal to an area measuring fifteen (1S) feet in depth
by the width of the front of the building, plus twenty (20) feet [to extend
ten (10) feet out on both sides], shall be installed along building
facades oriented toward Illinois Street and landscaped pursuant to
Section S.l.C.2 hereof.
2. Outdoor terraces and sidewalks up to eight (8) feet in width may be
permitted in planting areas, but shall not occupy the entire planting
area adjacent to the building.
3. If an outdoor terrace or sidewalk cuts into a planting area, the
displaced area shall be an additional area added to the building
perimeter planting.
4. These additional adjacent planting areas need not be rectangular in
shape as long as the required amount of space is provided. These
additional adjacent planting areas may abut an outdoor terrace area.
Section 5.5 Parkina Lot Landscapina. A minimum of (i) one (1) shade tree and five
(S) shrubs or (ii) two (2) shade trees shall be planted within each parking lot island at a
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rate of not less than eighteen (18) trees per acre of surface parking. (See Section 5.7.A
hereof for minimum planting area requirements.)
Section 5.6 Total LandscaDina Reauired. Inclusive of the Greenbelts, the planting
strips, the planting adjacent to the Building(s), outdoor terrace areas and the planting
within surface parking lots, a minimum of fifteen percent (15%) of the Office Area, minus
any Illinois Street right-of-way, shall be landscaped.
Section 5.7 LandscaDina Standards.
A. Interior Areas. The dimensions, specifications and design of any planting
area or planting median shall be sufficient to protect the landscaping
materials planted therein and to provide for proper growth. The following
minimum widths for interior planting areas shall be used:
Canopy Trees: 9 feet wide
Ornamental Trees: 7 feet wide
Shrubs or Ornamental Grasses (only): 5 feet wide
B. Greenbelts. The greenbelt areas, as designated in Section 5.2 hereof,
shall include an undulating earthen berm (Character Illustration - EXHIBIT
~). On this berm there will be placed eight to ten (8-10) foot tall conifers,
spaced fifteen (15) feet on center. The berm landscaping shall include
ornamental and deciduous trees interspersed among the conifer trees.
C. Planting Strips.
1. Perimeter Planting Strips: The primary landscaping materials used in
the perimeter planting strip areas shall be shade trees, ornamental
trees, shrubs, ground cover, grasses and flowers. A base planting unit
of one hundred (100) linear feet will be designated for the perimeter
planting strip areas, which includes:
Three (3) shade trees; or,
Five (5) ornamental trees or five (5) conifer trees; and,
Fifteen (15) shrubs or ornamental grasses.
2. Building Based Planting Strips: The primary landscaping materials
used in the planting strips adjacent to Office, Hotel and Retail
Buildings shall be shade trees, ornamental trees, shrubs, ground
cover, grasses and flowers. A base planting unit of one hundred (100)
linear feet will be designated for the building based planting strip
areas, which includes:
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One (1) shade tree;
One (1) ornamental tree; and,
Five (5) shrubs or ornamental grasses.
D. Materials. All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
1. Shade Trees: All shade trees shall have a minimum DBH oJ;?hes,
a minimum height of eight (8) feet, and a branching height ~ less
than % or more than % of tree height upon planting.
2. Ornamental Trees: All ornamental trees shall have a minimum DBH
of 1.75 inches, a minimum height of six (6) feet, and a branching
height of not less than % or more than % of tree height upon planting.
3. Conifer Trees: All conifer trees shall have a minimum height of eight
(8) feet upon planting.
4. Deciduous Shrubs: All deciduous shrubs shall have a minimum height
of twenty-four (24) inches, with no less than six (6) main branches,
upon planting.
5.
Section 5.8 Landscapina Installation and Maintenance.
A. Installation. All required landscaping for each phase of the development
shall be installed prior to the issuance of a final Certificate of Occupancy by
the Department. If it is not possible to install the required landscaping
because of weather conditions, the property owner shall post a bond for an
amount equal to the total cost of the required landscaping prior to the
issuance of the final 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. Spot removal of
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mature plant material shall be performed in areas where vegetation is
competing to the point of self-destruction.
C. Chanaes After Approval. No landscaping which has been approved by the
Commission may later be substantially altered, eliminated or sacrificed,
without first obtaining further Commission approval. However, minor and
material alterations in landscaping may be approved by the Director in
order to conform to specific site conditions.
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.
CHAPTER 6.0 PARKING REQUIREMENTS.
Section 6.1 Desian. Efforts to break up large expanses of pavement are to be
encouraged by the interspersing of appropriate planting areas.
Section 6.2 Pedestrian Access. Direct, articulated pedestrian access shall be
provided from the street~ the primary entrance of the building(s).
Section 6.3 Minimum Reauired SDaces.
A. Offices: Three and one-third (3~) spaces for each one thousand (1,000)
square feet of Gross Floor Area.
B. Hotel: One (1) space per room or suite.
C. Food Services. General Service Establishments and Retail Uses: Three
and one-third (3~) spaces for each one thousand (1,000) square feet of
Gross Floor Area.
D. Attached Dwellinas and Lofts: Two (2) spaces per unit.
E. Shared parkina: Shared parking may be utilized in accordance with the
current standards published by the Urban Land Institute.
Section 6.4 HandicaDDed Parkina. 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.
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CHAPTER 7.0 LIGHTING REQUIREMENTS.
Section 7.1 Liahtina Plan. A site lighting plan shall be submitted along with an ADLS
approval petition for any building within 116th Street Crossing. The site lighting plan
shall include the layout, spread and intensity of all site lighting, including:
A. Parking lot and service/storage area lighting;
B. Architectural display lighting;
C. Security lighting;
D. Lighting of pedestrian and bicycle ways; and
E. Landscape lighting.
Section 7.2 Desian. All site lighting shall be coordinated throughout the project and
be of uniform design, color and materials.
Section 7.3 Heiaht. The height of light standards shall not exceed thirty (30) feet
from the top of the fixture to the top of the pole base. Except, however, (i) the height of
light standards within ninety (90) feet of the rights-of-way of Spring Mill Road and 111th
Street shall not exceed fifteen (15) in height from the top of the fixture to the top of the
pole base; and, (ii) the height of light standards on the top of any parking plaza shall not
exceed twenty-three (23) feet from the top of the fixture to the top of the pole base. The
pole bases shall not exceed two (2) feet in height. OJVld f-!cJ laV1~
Section 7.4 Fixtures. All exterior and street ~Iighting fixtures shall be of the
"shoebox" variety which directs light downward.' Any parking lot lighting or Building
lighting illumination emanating from behind the berms within the development on the
Real Estate shall not exceed (i) 0.3 foot-candle at the South right-of-way line of West
116th Street; (ii) 0.1 foot-candle at the East right-of-way line of Spring Mill Road; and,
0.1 foot-candle at the North right-of-way line of 111th Street.
CHAPTER 8.0 SIGN REQUIREMENTS.
Section 8.1
signs.
Upper Level Sians. An Office or a Hotel Building may have upper level
A.
Number and Tvpe: The maximum number of Identification Signs permitted
shall be the greater of either (i) four (4) wall signs for each Building or (ii)
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one (1) sign per 25,000 square feet of Gross Floor Area for each Building
greater than 100,000 square feet of Gross Floor Area.
B. Maximum Sign Area: 120 square feet each.
C. Location: East of Illinois Street, signs may be located on either the east,
west, north or south facades. West of Illinois Street, signs may be located
on the north, east or south facades.
D. Desian: All walls signs shall consist of individual letters.
E. Illumination: Internal.
F. Sign Permit: Required.
G. Fees: Required.
Section 8.2 lower level Sians. A Commercial Building may have lower level signs.
Accessory uses, accessory retail, accessory service commercial, and accessory
supportive services may have lower level signs.
A. Number and Type: The maximum number of Identification Signs permitted
shall be (i) three (3) wall signs for each Office Building, (ii) six (6) wall signs
for a Hotel 'and (iii) as approved by an ADLS Sign Program for all other
uses.
B. Maximum Sian Area: The maximum sign area of Identification Signs
permitted shall be (i) 90 square feet each for each Office Building, (ii) 90
square feet each for a Hotel and (iii) as approved by an ADLS Sign
Program for all other uses.
C. Location: East of Illinois Street, the signs may be located on either the
east, west, north or south facades. West of Illinois Street, signs may be
located on the north, east, or south facades of (i) an Office Building, (ii) a
Hotel Building and (iii) as approved by an ADLS Sign Program for all other
uses.
D. Design: All walls signs shall consist of individual letters.
E. Illumination: Internal.
F. Sian Permit: Required.
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G. Fees: Required.
Section 8.3 The District Identification and Real Estate (Leasina) Sians.
A. Number and Tvpe: As approved by an ADLS Sign Program for the District.
B. Maximum Sion Area: As approved by an ADLS Sign Program for the
District.
C. Maximum Heioht of Sign: As approved by an ADLS Sign Program for the
District.
D. Location: As approved by an ADLS Sign Program for the District.
E. Desion: Signs must comply with the approved architectural scheme of the
complex, and must be of a similar design, lighting and style of construction.
F. Illumination: Internal or completely shielded.
G. Landscapino: Sign must be accompanied by a landscaped area at least
equal to the total sign area.
H. Sion Permit: Required.
I. Fees: Required.
Section 8.4 Other Provisions. Section 25.7.01 - "General Provisions" and 25.7.06-
25.7.09 - "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and
Enforcement" of the Carmel Sign Ordinance Z-302, as amended through Z-486-06, are
also incorporated herein by reference.
CHAPTER 9.0 OTHER REQUIREMENTS.
Section 9.1 Outside Storaae of Refuse. No outside, unenclosed storage of refuse
(whether or not in containers) shall be permitted. All refuse shall be contained
completely within the Building(s) or in separate accessory structure(s). Any separate
accessory structure designed for refuse storage shall be architecturally compatible with
the building(s).
Section 9.2 Loadina Berths. No loading or unloading berth or bay shall have an
unobstructed view from any adjacent residential area.
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Section 9.3 Mechanical Eauipment. Any mechanical equipment visible from an
adjoining street or highway shall be screened with suitable walls or fencing and in
general be architecturally compatible with the building(s) with which it is associated. All
HVAC equipment for office, hotel and retail buildings shall be located on the roof of the
building(s).
CHAPTER 10.0 APPROVAL PROCESS.
Section 10.1 Approval of ADLS.
A. The Commission shall consider an ADLS approval petition for any Building
within the District, except for any Detached Dwellings and their accessory
structures and uses. Plan documentation and filing requirements for ADLS
review shall be consistent with the requirements specified by the
Department, provided, however, the Director shall have the authority to
waive any plan documentation requirement which is not relevant to the
review of a particular application.
B. The ADLS approval request shall be a specific plan consisting of the
architectural design of any Buildings, landscaping, lighting, and signage for
a site within the District.
C. The Commission shall approve the ADLS without conditions or approve
with conditions.
D. If there is a Substantial Alteration in the approved ADLS plans, review and
approval of the amended plans by the Commission shall be made by the
Commission, or a Committee thereof, pursuant to the Commission's rules
of procedure. Minor 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 10.2 Approval or Denial of Plats. Conceptual Development Plans and
Final Development Plans.
A. Primary and secondary platting shall be required with respect to any
portion of the Real Estate on which lots are developed for purposes of
conveying title for Detached Dwellings or Attached Dwellings. All
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secondary plats for any portion of the Real Estate shall be approved
administratively by the Department and shall not require a public hearing
before the Plan Commission, so long as the proposed secondary plat
conforms with the corresponding approved primary plat. With respect to
any portion of the Real Estate other than the areas on which Lots are
developed as stated above, platting into smaller parcels shall be permitted,
but shall not be required in order to divide any parcel into smaller parcels
for purposes of conveying title, and the creation of a new property line
within the Real Estate shall not impose or establish new development
standards beyond those specified in Section 3.0 for the entirety of the Real
Estate.
B. The Commission shall approve a CDP simultaneously with its approval of
this Ordinance, as shown on Exhibit 2.
C. The FDP shall be a specific plan for the development of all or a portion of
the Real Estate, submitted for approval by the Director, showing proposed
facilities and structures, parking, drainage, erosion control, utilities and
Building information.
D. The Director shall approve without conditions, approve with conditions, or
disapprove the FDP for any project within the Distrcit; provided, however,
that the Director shall not unreasonably withhold or delay his/her approval
of a FDP that is in substantial conformance to the CDP and is in
conformance with the development requirements of this Ordinance. If the
Director disapproves the FDP for any project within the District, 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.
E. An amendment to a FDP which does not alter the use of any land may be
reviewed and approved by the Director.
Section 10.3 ADDroval of Uses. It is recognized that the list of permitted uses
specified within each Area of this Ordinance is a representative listing of uses and is not
an all inclusive list of appropriate uses. Therefore, this Ordinance may require
interpretation to assign appropriate uses to each of the individual Areas of this
Ordinance. Any use which is not specifically set forth in this Ordinance, but which is
comparable in terms of traffic generation, customer base and operational characteristics
to other uses specified within each Area of this Ordinance shall be reviewed by the
Director for consistency with the intent set forth in each Area of this Ordinance and for
compatibility with uses permitted within those Areas by this Ordinance. Based upon this
review, the Director shall determine if the proposed use is a permitted use within an
Area of this Ordinance. In a case where there is a denial by the Director of a request to
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assign a use to an appropriate Area within this Ordinance, the applicant may file an
appeal with the Board of Zoning Appeals. If it is: (i) determined by the Director that a
particular use is not permitted in any Area of this Ordinance and no appeal of the
Director's decision is filed with the Board of Zoning Appeals; or, (ii) determined upon
appeal that a particular use is not permitted in any Area of this Ordinance, then such
use shall require a variance of use or a rezoning petition in which such use is
specifically included and described in order for such use to be permitted within this
Ordinance.
Section 10.4 Modification of Development Reauirements. Upon the written request
of any owner of Real Estate, the Commission may designate a committee of the
Commission to review and modify any of the development requirements contained
herein (other than permitted uses) after a public hearing held in accordance with the
Commission's Rules of Procedure. Any denial of any requested modification may be
appealed by the Applicant to the Commission, in accordance with the Commission's
Rules of Procedure.
CHAPTER 11.0 DEFINITIONS AND VIOLATIONS.
Section 11.1 Construction of Language: Definitions.
A.
Construction of Lanauaae. The language of this Ordinance shall be
interpreted in accordance with the following regulations:
. The particular shall control the general.
. In the case of any difference of meaning or implication between
the text of this Ordinance and any exhibit to this Ordinance or
illustration or diagram, the text off this Ordiance shall control.
. The work "shall" is always mandatory and not discretionary.
. The words "may" and "should" are permissive and at the
discretion or option of the Developer.
. Words used in the present tense shall include the future; and
words used in the singular number shall include the plural, and
the plural the singular, unless the context clearly indicates the
contrary.
. A "building" or "structure" includes any part thereof, unless
otherwise specifically stated.
. The phrase "used for," includes "arranged for," "designed for,"
"intended for," "maintained for," or "occupied for."
. Unless the context clearly indicates the contrary, where a
regulation involves two or more items, conditions, provisions, or
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events connected by the conjunction "and," "or," or "either...or,"
the conjunction shall be interpreted as follows:
o "And" indicates that any of the individual connected items,
conditions, provisions or events shall apply.
o "Or" indicates that the connected items, conditions,
provisions, or events may apply singly or in any
combination.
o "Either. . . or" indicates that any of the individual connected
items, conditions, provisions or events shall apply singly,
but not in combination.
B. Definitions. Unless otherwise stated, the following words and phrases
shall, for the purpose of this Ordinance, have the meaning herein indicated.
Any word or phrase used in this Ordinance which is not defined herein and
which is defined in Chapter 3 of the Carmel Zoning Ordinance shall, for
purposes of this Ordinance, have the meaning ascribed to such word in the
Carmel Zoning Ordinance, unless the context otherwise requires.
1. Accessory Structure: A structure subordinate to a Building or Use
located on the Real Estate which is not used for permanent human
occupancy. A Parking Plaza is an example of an Accessory Structure.
2. 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.
3. Adiacent Residential Area: A residentially zoned tract, the property
line of which abuts a property line of the Real Estate, without any
intervening public street right's-of-way.
4. Alteration. Material: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for
another.
5. Alteration. Minor: Any change to an approved plan of any type that
involves the revision of less than ten percent (10%) of the plan's total
area or approved materials.
6. Alteration. Substantial: Any change to an approved plan of any type
that involves the revision of ten percent (10%) or more of the plan's
total area or approved materials.
7. Antenna: A structure or device that is used for the purpose of
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8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
collecting or transmitting signals, images, sounds, or information of
any nature by wire, radio, visual, or electromagnetic waves, including
but not limited to directional or omni-directional antenna, panels, and
microwave or satellite dishes. The term does not include an amateur
radio station antenna.
Area: Area A, Area B, Area C, or Area D.
Area A: What is identified as Area A on the Conceptual Development
Plan.
Area B: What is identified as Area B on the Conceptual Development
Plan.
Area C: What is identified as Area C on the Conceptual Development
Plan.
Area D: What is identified as Area D on the Conceptual Development
Plan.
Attached Condominium Dwellina: An Attached Dwelling located within
a Residential Building, or residential portion of an Office or Hotel
Building, having two or more Dwelling units, and owned as a
Condominium under Indiana law.
Attached Dwellina: A Dwelling attached to another Dwelling and
located within a Residential Building or residential portion of an Office
or Hotel Building. Attached Dwellings shall not include Lofts.
Attached Dwellina Buildina: A Building occupied primarily by Attached
Dwellings. An Office Building with Attached Dwellings above the
Offices, or a Hotel Building with Attached Dwellings above the Hotel,
is not an Attached Dwelling Building.
Automated Teller Machine (ATM): A mechanized apparatus which
performs limited banking functions for customers such as deposits,
withdrawals and transfers of funds upon insertion of a customer
identification card, password or similar device.
Board of Zonina ADDeals: The Carmel Board of Zoning Appeals.
Buildina: A structure having a roof supported by columns or walls, for
the shelter, support, enclosure or protection of persons or property,
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
and intended for human occupancy. When attached by a single-story
structure, each multi-story portion of a structure shall be considered a
separate Building. A Parking Plaza is not a Building.
Buildina and Structure Coverage: The total ground area, within the
Real Estate, covered by Buildings, Parking Plazas and Accessory
Structures which are greater than eighteen (18) inches above grade
level (excluding surface parking, fences and walls not attached in any
way to a roof) divided by the total horizontal area within the Real
Estate boundaries.
Buildina Height: The vertical distance from the grade at the main
entrance to (i) the top of the parapet that comprises the majority of the
perimeter of the Building and (ii) the mean point between the eaves
and the ridges of a Building with a sloped roof.
Cafeteria/Deli/Coffee Shop: An establishment located within the
Building(s) where food and drink is prepared, served and consumed
primarily within the Building(s) by the occupants of the Building(s) and
their guests.
Certificate of Occupancy: A certificate signed by the Director stating
that the occupancy and use of land or a Building or structure referred
to therein complies with the provisions of this Ordinance.
Character Illustrations: Representations, photographic or otherwise,
which indicate conceptually the intended architecture, appearance and
quality of proposed Buildings and structures. These representations
establish a conceptual guideline for future ADLS reviews and
approvals and are in no way intended to limit architectural creativity
during the ADLS process.
City: The City of Carmel, Indiana.
Commercial Buildina: A Retail Building or an Office Building.
Commission: The Carmel Plan Commission.
Conference Center: A meeting room provided as an amenity for, and
made available to, all occupants of the building(s) and their guests.
Council: The City Council of the City of Carmel, Indiana.
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29. County: Hamilton County, Indiana.
30. Day Care: An organized group program for the care of children away
from their own residence for any part of a twenty-four (24) hour day,
for compensation or otherwise.
31. Department: The Department of Community Services for the City of
Carmel, Indiana.
32. Detached Dwellim:J: A Dwelling not attached to another Dwelling.
33. DevelC?per: The owner, or its designee, of an area to be developed,
including those lots that a Developer may sell to a Builder. The
Developer may also be a Builder.
34. Development Plan. Conceptual (CDP): A general plan for the
development of the Real Estate that is submitted for Commission
approval which generally depicts the areas to be developed and the
uses that may be permitted in each area.
35. Development Plan. Final (FDP): A specific plan for the development
of real property that is submitted for the Director's approval showing
proposed facilities, Buildings and structures. This plan review includes
general landscaping, parking, drainage, erosion control, signage,
lighting, screening and Building information for a site.
36. Development Reauirements: Development standards and any
requirements specified in this Ordinance which must be satisfied in
connection with the approval of a development plan.
37. Dwellina: One or more rooms connected together in a residential
building or residential portion of a building, which are arranged,
designed, used and intended for use by one or more human beings
living together as a family and maintaining a common household for
owner occupancy or rental or lease on a weekly, monthly or longer
basis; and which includes lawful cooking, eating, sleeping space and
sanitary facilities reserved solely for the occupants thereof.
38. Diameter at Breast Heiaht (DBH): Diameter of the trunk measured at
fifty-four (54) inches above grade.
39. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
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shall include his/her authorized representatives.
40. Dish: That part of the earth station shaped like a saucer or dish.
41. Dish-Type Receiving Antenna (Earth Station or Ground Station): A
signal receiving device, the purpose of which is to receive radio
communications, television, data transmission or other signals from a
satellite or satellites in earth orbit.
42. E.I.F.S.: Exterior Insulated Finishing System.
43. Established Front Building Line: A line parallel to a front lot line and
44. Fenestration: The arrangement of windows in a wall of a building.
From the Latin word, "fenestra", meaning window.
45. Financial Institution: Any Building wherein the primary occupation is
concerned with such Federal or State regulated businesses as
banking, savings and loans, loan companies and investment
companies.
46. Fitness Center: An exercise facility provided as an amenity for, and
made available to, all occupants of the Building(s).
47. Floor Area Ratio (F.A.R.): The Gross Floor Area of all stories of all
buildings within the Real Estate, excluding covered parking or Parking
Plazas divided by the total horizontal area within the Real Estate
boundaries.
48. Foot-candle: 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.
49. Greenbelt: That portion of the yard area which is immediately
adjacent and parallel to (i) the right-of-way of 111th Street or (ii) the
right-of-way of Springmill Road.
50. Gross Floor Area: The sum of the total horizontal areas of the several
floors of all Buildings on a Lot or Parcel, measured from the interior
faces of exterior walls. The term Gross Floor Area shall include
elevator shafts and stairwells of each story, floor space used for
mechanical equipment, interior balconies, and mezzanines. The term
Gross Floor Area shall not include penthouses.
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51. Hotel: Any Building or group of Buildings containing five (5) or more
rooms without direct entrance to or from the outside, designed or
intended to be occupied for sleeping purposes by guests for a fee,
which may include a common kitchen and dining room facilities
provided within the Building or an Accessory Building, and which
caters to the traveling public.
52. HVAC: Heating, ventilation and air conditioning equipment.
53. 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.
54. Loft: A Dwelling within a Retail Building, located above the first floor,
having common or party walls, on a single parcel.
55. Lot: A platted portion of the Real Estate intended as a unit for transfer
of ownership or development.
56. Lower Level Sign: A sign located on a Building facade below a height
of thirty (30) feet, measured from grade level.
57. North Section Line: The North Line of the Northwest Quarter of
Section 2, Township 17 North, Range 3 East.
58. Office: A Building or portion of a Building wherein services are
performed involving predominantly administrative, professional or
clerical operations, including but not limited to professional offices,
surgery centers, business or personal service offices, general offices,
financial institutions, sales offices, real estate offices, and
governmental offices.
59. Office Building: A Building intended for occupancy by any type of
office use, which may include Attached Dwellings.
60. Parcel: An un-platted portion of the Real Estate intended as a unit for
transfer of ownership or development.
61. Parking Plaza: Parking spaces contained within a multi-level
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62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
structure.
Parking Plaza Height: The vertical distance from the grade of the
ground level of the structure to the top of the parapet that comprises
the majority of the perimeter of the structure.
Parking Space: An area, exclusive of driveways, having a rectangular
area of not less than one hundred eighty (180) square feet and a
minimum width of nine (9) feet, permanently reserved for the
temporary storage of one automobile. In Parking Plazas, (i) the
minimum width may be eight and one-half (8%) feet, and one-half (%)
of the area occupied by supporting columns may be included in
determining the width and area of each adjacent parking space and (ii)
the minimum height of such space shall be seven (7) feet.
Photocopying and Duplicating Services: A facility providing
reproduction, cutting, printing, binding, etc. of written materials,
drawings, labels, etc. for occupants of the Building(s).
Planting Strip: A portion of land intended to contain plant materials for
the purpose of creating a visual separation between Uses or activities.
Pond: A body of water either occurring naturally or artificially created
and not fed by any watercourse.
Professional Office: An office of a member of a recognized profession
such as an architect, attorney, dentist, engineer, physician or surgeon.
Restaurant: An establishment within the Building where food and
drink is prepared for, served to and consumed by the general public.
The establishment may have an outside seating component. The
establishment may have a separate area, or lounge, where alcoholic
beverages are served without full food service, provided the area is
accessory to the primary use in (i) square feet or (ii) sales.
Retail Building: A Building intended tor occupancy by tood service,
general service establishments or retail Uses, which may also include
Offices or lofts.
Right-ot-Wav: An area of land permanently dedicated to provide light,
air and access.
Setback: For all Buildings and structures, it is the least measured
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72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
distance between a Building or structure and the proposed right-of-
way of (i) 116th Street, (ii) 111th Street, (iii) Illinois Street, or (iv)
Springmill Road. For residential buildings and structures, it is also the
least measured distance between a Building or structure and a side or
rear lot or parcel line.
Sian: Any type of sign as further defined and regulated by this
Ordinance and the Sign Ordinance within the Carmel Zoning
Ordinance.
South Quarter-Section Line: The South Line of the Northwest Quarter
of Section 2, Township 17 North, Range 3 East.
Storv: That part of any Building existing between the level of one
finished floor and the level of the next higher finished floor or, if there
is no higher finished floor, that part of the Building comprised between
the level of the highest finished floor and the top of the roof beams.
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.
Trash Enclosure: An enclosed Accessory Structure that is designed
to screen and protect waste receptacles from view and to prevent
waste debris from dispersing outside the enclosure.
Upper Level Sign: A sign located on a Building facade above a height
of thirty (30) feet, measured from grade level.
Use: The employment or occupation of a Building, structure or land for
a person's service, benefit or enjoyment.
Vehicle Service Facilitv: An operation providing a service to
occupants of adjacent Buildings which involves vehicle cleaning,
detailing, lubricating, and oil change services, including similar minor
vehicle services such as wiper blade replacement, bulb replacement,
filter replacement and other fluid replacements.
West Section Line: The West Line of the Northwest Quarter of
Section 2, Township 17 North, Range 3 East.
Yard. Front: Any side of a lot or parcel adjacent to the right-of-way of
111th Street, 116th Street, Illinois Street or Springmill Road.
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Section 11.2 Violations of Ordinance. All violations of this Ordinance shall be
subject to Chapter 34.0 of the Carmel Zoning Ordinance.
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PASSED by the Common Council of the City of Carmel, Indiana, this
, 2007, by a vote of ayes and nays.
day of
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
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Joseph C. Griffiths, President
Brian D. Mayo
Ronald E. Carter
Mark Rattermann
Frederick J. Glaser
Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana, on the _ day of
,2007, at__, M.
Diana L. Cordray, IAMC, Clerk-Treasurer
APPROVED by me, Mayor of the City of Carmel, Indiana, this
,2007, at__. M,
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
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EXHIBIT 1
116th Street Crossing
Legal Description
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located in Clay
Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northwest Corner of the Northwest Quarter of Section 2, Township 17 North,
Range 3 East; thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117.22 feet
along the North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of
Section 35, Township 18 North, Range 3 East, to the point of beginning of the 70.174 acre tract of
land described in the QUITCLAIM DEEDs recorded as the following instrument numbers: 9127260
to 9127264, 9217780 to 9217784, 9413236 to 9413240 and 9555180 to 9555184 by the Recorder of
Hamilton County, Indiana and to the point of beginning of the 1.690 acre tract of land (called Parcel
2) described in the QUIT CLAIM DEED recorded as instrument #200500026462 by said Recorder;
thence South 13 degrees 00 minutes 48 seconds West 261.71 .feet (measured, 261.67 feet by deed)
along the tenth course of the land description of said 1.690 acre tract of land (the North 13 degrees
01 minute 47 seconds East 261.67 foot long course) to its origin and to the POINT OF BEGINNING
of this description; thence South 13 degrees 00 minutes 48 seconds West 261.11 feet along the first
course of the land description of said 70.174 acre tract of land (the South 12 degrees 59 minutes 10
seconds West 522.967 foot long course) to the West Line of said Northwest Quarter; thence South
00 degrees 03 minutes 30 seconds West 2,128.98 feet along the West Line of said Northwest
Quarter to its Southwest Corner; thence North 88 degrees 57 minutes 32 seconds East 1,335.02
feet along the South Line of said Northwest Quarter to the Southeast Corner of the East Half of said
Northwest Quarter; thence North 00 degrees 11 minutes 50 seconds East 995.35 feet along the East
Line of the West Half of said Northwest Quarter to the origin of the fifth course of the land description
of said 70.174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot long
course), the following two (2) courses are along the boundary of said 70.164 acre tract of land; 1)
thence South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11
minutes 31 seconds West 749.72 feet to a point called "324" in the land description of the 0.881 acre
tract of land (called Parcel2B) in the QUIT CLAIM DEED recorded as instrument #200500026462 by
said Recorder, the following five (5) courses are along the boundary of said 0.881 acre tract of land;
1) thence South 89 degrees 48 minutes 29 seconds West 120.01 feet; 2) thence South 00 degrees
11 minutes 31 seconds East 10.00 feet; 3) thence South 89 degrees 48 minutes 29 seconds West
145.00 feet; 4) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 5) thence South 89
degrees 48 minutes 29 seconds West 174.99 feet to the eastern boundary of the 2.319 acre tract of
land (called point 319 in the Parcel 2A land description) described in the QUIT CLAIM DEED
recorded as instrument #200500026462 by said Recorder, the following three (3) courses are along
the boundary of said 2.319 acre tract of land; 1) thence South 00 degrees 11 minutes 31 seconds
East 22.28 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 130.00 feet; 3) thence
North 00 degrees 11 minutes 34 seconds West 777.00 feet to the terminus of the third course (the
South 89 degrees 48 minutes 36 seconds West 130.01 foot long course) (called point "310" in the
Parcel 2 and Parcel2A land descriptions) of said 1.690 acre tract of land, the following seven (7)
courses are along the boundary of said 1.690 acre tract of land; 1) thence North 40 degrees 49
minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 minutes West
200.00 feet; 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83
degrees 34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03
seconds West 163.77 feet; 6) thence South 14 degrees 17 minutes 21 seconds West 131.35 feet; 7)
thence North 76 degrees 57 minutes 39 seconds West 36.50 feet (measured, 36.78 feet deeded) to
the POINT OF BEGINNING, containing 63.661 acres, more or less.
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HIBIT 2 - CO
EX o SCALE
SCALE: NOT "[:
05/17/2007
t Crossing
116th Stre: Illinois Street
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EXHIBIT 8 - GREENBELTS
SCAlE: NOT TO SCALE
05/17/2007
116th Street Crossing
Carmel, IN
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Duke
REALlY CXIPORAlICN
lIOO [001 _ SInol
_1110
59lliI1l 48240
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