Loading...
HomeMy WebLinkAboutClay Terrace PUD i' . Sponsor: Councilor Wilson ORDINANCE NO. Z-386-02 AS Al\'tENDED cJ <L*-"- -r~iYYU-L PUD AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARlVIEL, INDIAI~A ESTABLISHING THE U.S. HIGHWAY 31 AND 146TH STREET PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, (the "Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with the requirements oflC. S 36-7-4-1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, pursuant to 1.c. S 36-7-4-1500 et seq., it adopts this ordinance, (the "Ordinance"), as an amendment to the Carmel/Clay Zoning Ordinance. Section 1. Applicability of Ordinance: Section 1.1. The Official Zoning Map of the City of Cannel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit 'A', (the "Real Estate"), as a planned unit development district. Section 1.2. Development in the plaill1ed unit development district shall be governed entirely by the provisions of this Ordinance, with the exception that provisions of the Carmel/Clay Zoning Ordinance specifically referenced within this Ordinance shall also apply. Section 1.3. Any capitalized term not detined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance. Section 2. Permitted Primary Uses: ~ Clinic or medical health center College or University Financial Institution General Offices Hardware Store (less than 50,000 square feet: Specialty design and home-decor stores or i and not utilizing the warehouse format centers (current examples being stores such as I ; described in the excluded primary uses below) Expo, Great Indoors, Restoration Hardware. I (including enclosed Lumberyard and attached Pottery Barn and Smith & Hawken). ~. Garden Center) _ ! Multi le-Famil . Dwellin . I Professional Office i Hotel - Indoor Movie Theater Restaurant (may include a walk-up or pick up Comedy, musical and/or I window to pick up pre-ordered items) I entertainment venue (indoor) theatrical i J - Ordinance 2-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 2 Outdoor temporary sales (up to 10 days) such Grocery Store as sidewalk sales, art fairs and cultural events (may include sidewalk kiosks) Retail Uses'" * Retail Uses shall include, but are not limited to, sales of merchandise, consumer goods and equipment; drug stores; pet shops; liquor stores; auto leasing offices; and indoor automobile showrooms and sales. Section 3. Excluded Primary Uses: I Amusement Park Outdoor automobile sales or leasin<7 ~i\utomobile service station or filling station Boat sales Bulk storacre of etroleum roducts Car wash Carnivals and circuses I Commercial warehouse stora e Disposal or storage of hazardous or radioactive Industrial Equipment sales or repair I materials " Flea market Garba e dis osa1 lant/sanitarv landfill Grain elevator ~nk and/or salva e ard Manufactured housin sales Mobile home court ! Penal or correctional institution Water slide --'-1 I Stock yards, slaughtering, leather curing , tannin \' Reclaiming processes involving materials Home improvement center having a buildi-;g] andlor chemicals that are considered dangerous I footprint of greater than 50,000 square feet. A I I to the health, safety, and welfare of the general store or center utilizing the large warehouse! I public as determined by the State of Indiana, format for sale of lumber and building Hamilton County or the City materials currently used by companies such as Lowes, Menards and Home Depot, but not including the specialty design or horne-decor stores listed in the permitted primary uses. Fertilizer manufacturing i Go-cart track Industrial uses-heav Commercial kennel Miniature 0 If I Movie theater. (outdoor) I Plant nursery I I Refining or manufacturing of petroleum roduets I cement, Roadside sales stand; parking lot or outdoor! tern ora sales exce t as allowed in Section 2 I Self-stora e/mini-warehouse facilities , Sin le-famil residence I Stand alone restaurants with i drive-thru orderin and ick-u and Truck stop i 1 -1 i Refining or manufacturing asphalt, I sum, lime, wood reservatives I Sand and gravel extraction or sales , Sexuall oriented business Small engine sales or repair I walk-up anctlo~ windows i ,. Ordinance 2-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 3 Section 4. Accessory Buildings and Uses: All accessory buildings and uses which are permitted in the B-2 zoning district shall be permitted, except that any detached accessory building shown in any Preliminary Development Plan ("PDpfI) shan have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 5. Minimum Tract Size: The minimum tract size is 5 acres. This Section 5 does not however preclude the sale or other transfer of any parcel of land that is less than 5 acres within a tract after the approval of a PDP for the entire tract. However, the development of the parcel must still conform to the Final Development Plan ("FOP") for the entire tract as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. Section 6. Height, Area and Architectural Requirements: Section 6.1. Maximum Building Heights: All uses: sixty-five (65) feet for buildings located east of Range Line Road; fifty-five (55) feet for buildings located west of Range Line Road and more than three hundred (300) feet from the west property line or a single family residential zoning district; and forty-five (45) feet for buildings located west of Range Line Road but less than three hundred (300) feet from the west property line or a single family residential zoning district. Section 6.2. Minimum Building Height: The minimum building height is eighteen (18) feet, with a minimum of sixteen (16) feet to the lowest eaves for a building with a gable or hip roof; excepting for standalone buildings not abutting Range Line Road, which shall have a minimum building height of twenty-five (25) feet. Accessory buildings and screened delivery areas are exempt from the requirements of this Section. In the ADLS approval process, building heights along Range Line Road will be reviewed to avoid long bui Iding facades at the same height. Section 6.3. Minimum Building Setbacks: The minimum building setback shall be at least 90 feet from the current U.S. Highway 31 right-of-way. Along the right-of-way of 146th Street, the minimum building setback shall be 45 feet. Along any right-of-way of any future ramp on or off u.s. Highway 31, the minimum building setback shall be 25 feet. There shall be no minimum setback for those buildings oriented toward and adjacent to the Range Line Road right-of-way, but there shall be a maximum building setback of twenty- five (25) feet. Section 6.4. Minimum Gross Floor Area. Buildings East of RangeL-ine Road~E..nd Range Line Road Development: A. All buildings, which are not connected to or an integral part of the Range Line Road streetscape development. shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement ~ Ordinance 2-386-02 U.S. f-Iighway 31 and 146th Street PUD Ordinance Page 4 or any accessory building(s). Provided, however, that one standalone restaurant building is allowed and shall have a minimum of 7,500 square feet of gross floor area. Also, one standalone financial institution building is allowed and shall have a minimum of 2,500 square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). B. Any building having a building footprint of greater than eighty thousand (80,000) square feet shall be located east of Range Line Road. Any tenant in a building located west of Range Line Road may however, occupy more than eighty thousand (80,000) square feet of gross floor area (For purposes of this Ordinance, the tern1 "tenant" includes an owner/occupant of a building.) C. Accessory buildings permitted need not meet the minimum floor area requirement. D. The majority of the developed gross floor area (excluding the gross floor area of any building with a single tenant having a building footprint greater than 50,000 square feet) shall abut the right-of-way of Range Line Road. 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, architectural masonry, architectural pre-cast (panels or detailing), architectural metal panels, glass, EIFS or ornamental metal. B. All buildings shall be designed in order to eliminate monotonous box buildings. C. Sloped roofs shall be a maximum of one hundred tifty (150) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. D. The building facades shall consist of three elements: a base or foundation; middle or modulated wall; and a top formed by an articulated cornice. E. Fixed or retractable awnings are permitted. F. Facades constructed of more than one material shall only change material along a horizontal line (not a vertical line, except in the case of an offset described in subparagraph G below or a diagonal line). G. Continuous facades of more than 200 feet wide shall be designed with vertical offsets at intervals which divide the facade. Offsets may be projecting, recessed or may be a simple change in building material or detailing. ,i Ordinance Z-386-02 U.S. Highway 31 and 146th Street pun Ordinance Page 5 H. All window design shall be compatible with the style, materials, architectural detail and proportion of the building. 1. No sign may extend above the cornice line of the building. J. Individual tenants in multi-tenant ground floor or multi-tenant multi-level buildings should strive for a unique design and graphic image and style, rather than be required to conform to a single design and graphic image and style for the building. K. Exterior lighting on the front building fayade shall be architecturally integrated with the building style and materials. Rooftop lighting shall be prohibited, but ground mounted lighting is highly encouraged. L. Individual storefronts shall incorporate architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the architectural style of the building as a whole. M. Buildings which are connected to or an integral part of the Range Line Road streetscape development shall be at least one and one half (I Y2) stories, or be designed to appear so from the front and sides. Retail buildings are encouraged to be two stories in height, with office use or retail use on the second floor. Section 6.6. Single Tenant Buildings: Any single tenant building with a building footprint greater than eighty thousand (80,000) square feet shall De located east of Range Line Road. Section 7. Landscaping Requirements. Section 7.1. Landscaoing Plan: A landscaping plan shall be submitted to the Commission for its approval at the same time the information on architectural design, landscaping, parking, signage, and lighting, ("ADLS") is submitted. This plan shall: 1. be drawn to scale, including dimensions and distances; 2. delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar structures; and 3. delineate the location, size and description of all landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire tract. Ordinance 2-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 6 Section 7.2. Areas to be Landscaped. A. Greenbelt: 1. The greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 7.3. 2. Greenbelt areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, dri veways, lighting standards, signs, and other similar stmctures (excluding a private parking area). B. Parallel Roadways: 1. There shall be landscare planting areas located adjacent to the south right-of-way line of 146t Street west of Range Line Road and the U.S. Highway 31 on and off ramps (if constructed), which shall be a minimum often (10) feet in width and landscaped pursuant to Section 7.3. 2. These landscape areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures. 3. Landscaping along Range Line Road shan be located within the right-of-way as per the agreement of the Director, the Hamilton County Highway Department and the owner of that portion of the Real Estate adjacent to the right-of-way of Range Line Road. C. Planting Within Parking Lots: Landscaping within the planting islands, planting peninsulas and entranceways (other than those along Range Line Road) of the parking areas shall be of a quality to improve and enhance the site and its surrounding area, representing no less than six percent (6%) of the total surface parking area. (For purposes of this computation, landscaping in the greenbelt(s), landscaping along the front and sides of the building(s) and landscaping on the periphery of the tract shall not be included.) Landscaping within parking lots shan be landscaped pursuant to the standards set forth in Section 7.3. The minimum size ofa parking lot island shall be four hundred (400) square feet in area. D. Tree Preservation Areas: An area fifty (50) feet in width shan be maintained in its natural state on the western property boundary and on the south property boundary (west of Range Line Road) of the Real Estate except for normal pruning, removal and replacement of dead trees. A fence at least eight (8) feet in height shall be erected and maintained approximately fifty feet from the western boundary and the southern boundary (west of Range Line Road) of the Real Estate. E. Plantin~ Adiacent to Standalone Buildings: 1. A planting area equal to an area measuring ten (10) feet in depth by the width of the front of a standalone building plus lwenty (20) feet (to Ordinance 2-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 7 extend ten (10) feet out on both sides) shall be installed at the front of a standalone building. 2. A planting area equal to an area five (5) feet in depth shall be installed on the sides of a standalone building but is not required on the rear of the building. 3. Sidewalks up to eight (8) feet in width are permitted in these areas, but shan not occupy the entire area on any side of a standalone building (excepting for those areas adjacent to access points to a standalone building). 4. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped, innovati ve and original designs arc encouraged. F. Planting Adjacent to Multi-Tenant Buildings: 1. A planting area equal to an area three (3) feet in depth shall be installed on the sides of a multi-tenant building but is not required on the rear of the building nor along any side adjacent to a pedestrian walkway (not a street, drive or other vehicle access way). 2. Sidewalks are permitted in these areas, but shall not occupy the entire area on any side of a multi-tenant building (excepting for those areas adjacent to access points to a multi-tenant building). 3. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped, innovative and original designs are encouraged. Section 7.3. Landscaping 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 follo'vving minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide B. Greenbelt and Parallel Roadways: The primary landscaping materials used in the greenbelt areas, along parallel roadways except Range Line Road shall be shade trees, ornamental trees, shrubs, ground covers, grasses, and flowers. A base planting unit of one hundred (100) linear feet will be designated for the U.S. Highway 31 greenbelt and along parallel roadways which includes: 1. Five (5) shade trees; 2. Three (3) ornamental trees or three (3) evergreen trees; and 3. Fifteen (15) shrubs Ordinance 2-386-02 U.S. Highway 31 and 146th Street pun Ordinance Page 8 Plantings within greenbelt and along the parallel roadways may be grouped together to provide visual perspectives of the buildings and address public safety concerns. Due to the grade elevation change along 146th Street east of Range Line Road, landscaping will not be required adjacent to the right-of-way of eastbound 146th Street east of Range Line Road where the grade change reasonably precludes landscaping. C. Parking Lot Landscaping. Landscaping within the planting islands, planting peninsulas and entranceways of the parking areas shall contain not less than two (2) trees and ten (10) shrubs for each four hundred (400) square feet of interior landscaped area, but shall not include any ornamental trees. D. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 1. Shade trees: a minimum trunk diameter of 2Y2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 112 of tree height. 2. Ornamental trees: a minimum trunk diameter of 1 Y2 inches at six (6) inches above the ground line, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 112 of tree height. 3. Evergreen trees: a minimum height of eight (8) feet, a width of not less than 3/5 of the height. 4. Deciduous shrubs: minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. 5. Evergreen shrubs: minimum height and spread of twenty-four (24) inches. Section 7.4. Landscaping Installation and Maintenance. A. Installation: All required landscaping shall be installed pnor 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 that has yet to be installed andlor completed prior to the issuance 0 f 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. Ordinance Z-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 9 C. Changes After Approval: No landscaping which has been approved by the Conunission may later be materially altered, eliminated or sacriticed, 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 8. Parking Requirements: A. Parking is prohibited in the U.S. Highway 31 Greenbelt and within planting areas along parallel roadways. 1. The number of parking spaces required shall be according to Section 27.5 of the Carmel/Clay Zoning Ordinance; however, for the purposes of calculating the required number of parking spaces, retail and grocery store uses shall use a parking ratio of one (1) parking space for every two hundred fifty (250) of gross floor area and the area of screened delivery areas shall be excluded. Upon the review and approval by the Director, parking spaces on the Real Estate may be shared among tenants as long as the demand for the spaces does not coincide among tenants. 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 of Indiana requirements. 3. Above-grade, structured parking facilities shall have on all SIdes architectural features that are compatible with the principal building(s) with which they are associated. Section 9. Lighting Requirements: A. A site lighting plan shall be submitted along with the information on ADLS. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 1. parking lot and service/storage area lighting; 2. architectural, display lighting; 3. security lighting; 4. lighting of pedestrian and bicycle ways; 5. landscape lighting. B. The maximum height of light standards shall not exceed twenty-five (25) feet. However, when light standards abut or fall within ninety (90) feet of a residential district or use, they shall not exceed fifteen (15) feet. Ordmance 2-386-02 U.S. Highway 31 and I 46th Street PUD Ordinance Page 10 C. All site pole lights and wall mounted lights shall be low-level, 900 cutoff luminaires and shall not spill over into adjoining properties in excess of 0.3 footcandle in commercial areas, and 0.1 footcandle in residential areas. D. Exterior architectural, display, decorative and sign lighting visible to the public from U.S. Highway 31 is allowed. Section 10. Other AnLS Requirements. Section 10.1. Outside Storage of Refuse or Merchandise: No outside, unenclosed storage of refuse (whether or not in containers) or merchandise shall be permitted on any tract. All refuse shall be contained completely within the principal or accessory building(s). Any accessory structure designed for refuse storage shall be architecturally compatible with the principal building. Section 10.2. Loading Berths: Any loading or unloading berth or bay visible from U.S. Highway 31 shall be screened subject to the approval of the Commission or Committee of the Commission. Section 10.3. Sign Requirements: A. Sign Plan: A sign plan shall be submitted for the Commission's approval as part of an ADLS or ADLS amendment application. B. Sign Standards: The signs within the Planned Unit Development District shall conform to the following standards, unless specified otherwise in this Ordinance: 1. 2. The color of the signs shall not be restricted; however, each building shall have a palette of colors approved at the time of the ADLS approval for the building. Tenants may amend the colors by petition to and upon the approval of a Committee of the Commission pursuant to the Commission's Rules of Procedure. Window signage shall be allowed fOr all tenants and shall conform to the standards established for window signs under Ordinance 2- 302. In the event that a building has heen previously approved by the Commission under the ADLS approval process a tenant may seck the approval of its window signage through an amendment to the previously approved ADLS application to be approved by a Committee of the Commission. Banners shall be allowed as provided for in Ordinance Z-302. Provided, that banners may be installed on lighting and other fixtures located within the streetscape along Range Line Road in accordance with the review and approval of the proposed banners by a Committee of the Commission pursuant to the Commission's Rules of Procedure. 3. Ordinance Z-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 11 C. Center Identification Ground Signs: 1, Two (2) Center Identification Ground Signs each with a maximum height of 6 feet and a maximum sign area of 105 square feet shall be allowed at: (a) the south entrance to the development north of the intersection of Range Line Road with U.S. Highway 3l; and (b) at the intersection of Range Line Road and 146th Street These Center Identification Ground Signs may not include tenant identification and shall be consistent in design with the sign shown in Exhibit "B". 2. One (1) CenterIdentification Ground Sign with a maximum height of 7 feet and a maximum sign area of 360 square feet shall be allowed in the area adjacent to the greenbelt along U.S. Highway 31. This Center Identification Ground Sign may not include tenant identification and shall be consistent in design with the sign shown in Exhibit "B". 3. Two (2) Center/tenant identification ground signs with a maximum height of 5 feet and a maximum sign area of 35 square feet shall be allowed at each intersection of a private drive or public street and Range Line Road. Copy on these Center/tenant identification ground signs may include tenant names up to seventy (70) percent of the maximum sign area and if tenant identification is included, at least two but no more than six tenants may be identi fied. D. Wall Signs: Consistent with the sign standards set forth in subparagraph B. above, wall signs shall be permitted for each tenant. Excepting for any standalone single or multi-tenant building adjacent to the greenbelt along U.S. Highway 31, the Ma.,ximum Sign Area shall be determined in accordance with the non-freeway sign chart applicable for tenants in Single Tenant & Multi-Tenant Buildings (Ground Floor & Multi-Level) as set forth in Ordinance Z-302. However, for purposes of this Ordinance, any building located adjacent to the right-of-way of Range Line Road that is located less than five (5) feet from the right-of-way line of Range Line Road shall be deemed to be located five (5) feet from the right-of-way line for purposes of applying the sign chart referenced above to determine the allowable sign area for the wall signage. Wall signs shall be composed of individual letters and logos and may be illuminated by internal or external sources. Tenants in buildings with more than one frontage on a public street or private drive are allowed one wall identification sign per frontage on a public street or private drive, as long as the total number of wall signs does not exceed three (3). Standalone single or multi-tenant building adjacent to the greenbelt along U.S. Highway 31 shall be permitted wall signs facing or oriented toward U.S. Highway 31 in accordance with the provisions of Ordinance Z-302. Provided, however that: Ordinance 2-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 12 1. there shall be no wall signs on the east facade of any multi-tenant or single tenant buildings located east of the right-of-way of Range Line Road; and 2. there shall be no wall signs on the west facade facing a single family residential zoning district of any multi-tenant or single tenant buildings located along or west of the west right-of-way of Range Line Road. E. Awning Signs: Signs may be imprinted on pennanent awnings. These signs shall be secondary to the wall signage of any tenant and the sign area shall be subject to the approval of the Commission or a Committee of the Commission as a part of the ADLS or ADLS amendment approval process and pursuant to the Commission's Rules of Procedure. F. Single Tenant Building Signs. Single tenant building sign age shall be as permitted by Ordinance Number 2-302, and as amended by Subparagraphs Band D above Section 10.4. Rooftop Mechanical Equipment: Any rooftop mechanical equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing subject to the approval procedures contained in the Conunission's Rules of Procedure. Section 10.5. Cart Corrals: Any cart corrals on the Real Estate shall be constructed of masonry materials subject to the approval procedures contained in the Commission's Rules of Procedure. Section 11. Approval of .A.DLS: A. The Commission shall consider an ADLS approval application for any project on the Real Estate. B. The Commission shall approve the ADLS without conditions, or approve with conditions. C. Pursuant to Paragraph A above, multi-tenant buildings shall be submitted to the Commission for ADLS approval. At that time, palettes of building materials, lighting fixtures, signage types and designs, awnings and window treatments for the tenant facades may be submitted for approval concurrently with the approval of the ADLS application for the multi-tenant building. Thereafter, tenant facades (including, but not limited to, building materials, signage, awnings and window treatments) may be submitted to the Department for approvaL To the extent that there is Material Alteration from the approved items within a particular palette, then the request shall be reviewed and approved by a Committee of the Commission, pursuant to the Commission's Rules of Procedure. Ordinance 2-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 13 D. If there is a Material Alteration in the ADLS plans, review and approval shall be made by a Committee of the Commission, pursuant to the Commission's Rules of Procedure. E. The ADLS shall be a specific plan consisting of the architectural design of any buildings, landscaping, lighting, and signage for a site on the Real Estate. Section 12. Approval or Denial of the Preliminary and Final Development Plans: A. The Commission shall approve without conditions, approve with conditions, or disapprove the Preliminary Development Plan (HPDP") for any project on the Real Estate. Provided, however, that the Commission shall not unreasonably withhold or delay the approval of a PDP that is in conformance with this Ordinance and the Carmel/Clay Zoning Ordinance. If the Commission disapproves the PDP for any project on the Real Estate, the Commission shall set forth in writing the basis for the disapproval. B. The Director shall approve without conditions, approve with conditions, or disapprove the Final Development Plan ("FDP") for any project on the Real Estate. Provided, however, that the Director shall not unreasonably withhold or delay the approval of a FDP that is in conformance with this Ordinance and the Carmel/Clay Zoning Ordinance. If the Director disapproves the FOP for any project on the Real Estate, the Director shall set forth in writing the basis for the disapproval. C. An amendment to a PDP or FDP which does not alter the use of any land may be reviewed and approved by the Director. However, any interested party may appeal the decision of the Director directly to a committee of the Commission. D. The PDP shall be a preliminary plan for the development of real property that is submitted for approval by the Commission showing proposed facilities and structures and parking information for a site on the Real Estate. E. The FDP shall be a specific plan for the development of real property that is submitted for approval by the Director showing proposed faei lities and structures, parking, drainage, erosion control, utilities and building information for a site on the Real Estate. F. No Final Certificate of Occupancy shall be issued for any building until Range Line Road has been constructed between 146th Street and U.S. Highway 31, west oru.s. Highway 31. G. Improvements to Range Line Road south of the intersection of Range Line Road and U.S. Highway 31 shall be completed in accordance with plans approved Ordinance Z-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 14 by the Department within 6 months following the completion of construction of Range Line Road between 146th Street and {j.S. Highway 31. Section 13. Tree Preservation in Future Ramp Area: No fewer than 140 inches of trees will be preserved on that portion of the Real Estate designated as Area "C." Area "C" is situated on the project's eastern boundary, facing U.S. 31, and comprises approximately 4.75 acres as outlined and defined in the tree preservation and reforestation plan approved by the Carmel Department of Community Services' Urban Forester, Mr. Scott Brewer. This commitment to preserve these trees is in lieu of the establishment of a 50 foot buffer area along U.S.31. The owner of the Real Estate reserves the right to remove any dead or diseased tree, or any tree that constitutes a threat to the public health, safety welfare; however, the owner shall replace any removed tree and maintain the minimum 140-inch requirement. This commitment will terminate in the event that the Indiana Department of Transportation, Hamilton County or any other governmental unit acquires Area "C" for the installation of ramps related to the expansion of U.S. 31. However, consistent with the approved tree preservation and reforestation plan, the 140 inches of trees will be replaced through new plantings elsewhere on the site. Section 14. Commencement of Construction: If at the end of twenty-four (24) months following the date of adoption of this Ordinance by the Common Council of the City of Cannel (the "Council"), construction has not commenced on the Real Estate consistent with the provisions of this Ordinance, then Lauth Property Group, its successors or assigns, as developer, (the "Developer"), shall, upon notice, appear before the Council to update the members of the Council as to the status of the commencement of construction. At that time, Developer may request one (1) additional year, to commence construction. At the meeting, the Council shall be free to: (1) allow this Ordinance to remain in full force and effect; (2) allow this Ordinance to remain in full force and effect for one (1) additional year; or (3) repeal this Ordinance. Section 15. Violations of Ordinance: All violations of this Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. Section 16. All prior Ordinances or parts thereof inconsistent with any prOVISIon of this Ordinance are hereby repealed. Section 17. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance 2-386-02 U.S. Highway 31 and 146th Street PUD Ordinance Page 15 J Pk~%;; the Common COUj2 of the City of Cannel, Indiana this -2:"dday of '_ _, 2002, by a vote of ayes and -4- nays. COMMON COUNCIL FOR THE CITY OF CARl\1EL ~~ ~ding Officer wa9~~~tProTempore , (~~L Qpf){JUc! Kevin Kirby , /-:; ?j~QR4 /f: f~/ Robert Battreall /'~" "/ ;' .d III +C''J / / / /~ . ~~{/f.., l. nald E. Carter -' l'ru.d Luci Snyder ATTEST: jJ