HomeMy WebLinkAboutPacket - Office Copy
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Draft: 4/10/2007
Revised: 4/13/2007
5/9/2007
5/17/2007
5/18/2007
REALTY CORPORATION
ORDINANCE
-07-Z
96TH STREET CROSSING
PLANNED UNIT DEVELOPMENT DISTRICT
BOSE
McKINNEY
& EVANS LLP
ATTORNEYS AT LAW
NELSON & FRANKENBERGER
Prepared by:
Steven B. Granner, AICP
Zoning Consultant
B05e 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 DEVELOPMENT PLAN. ............................................2
Section 2.1 The District... ........ ....... .... .... ........... .... ........... ....... ............. ......... ... .....2
Section 2.2 Permitted Primary Uses. ....................................................................2
Section 2.3 Permitted Accessory Uses and Structures. ........................................2
CHAPTER 3.0 DEVELOPMENT STAN DARDS.......................................................... 3
Section 3.1 Minimum Parcel Size. ........................................................................3
Section 3.2 Maximum Building Height. .................................................................3
Section 3.3 Maximum Parking Plaza Height. ........................................................3
Section 3.4 Minimum Building Height. ..................................................................3
Section 3.5 Maximum Building and Structure Coverage. ......................................3
Section 3.6 Minimum Building and Parking Plaza Setbacks. ................................4
Section 3.7 Minimum Gross Floor Area. ...............................................................4
Section 3.8 Maximum Density............ .............. ..... .... ....... .................... .................4
CHAPTER 4.0 ARCHITECTURAL DESIGN REQUIREMENTS. ................................4
Section 4.1 Intent. .... ."............................................................................................ 4
Section 4.2 Suitability of Building Materials...........................................................4
Section 4.3 Building Design. ........................... ......................................................4
Section 4.4 Roof Desig n. ...................................................................................... 5
Section 4.5 Building Penthouses. ................... ...................................................... 5
Section 4.6 Parking Plazas. .... .... .... ............ ... ....... ........... .... .... .... .... ........... ..........5
CHAPTER 5.0 LANDSCAPI NG REQUI REMENTS. ...................................................5
S ectio n 5.1 Landscape Pia n s. . .... . ... .... .. .. . ... ... ....... .... . . . . .. . . ... .... .... .... ... . . .... . . ..... .. .. . 5
Section 5.2 Greenbelts............... .... ........ ....... ............................................. ..........5
Section 5.3 Perimeter Planting Strip. ....................................................................5
Section 5.4 Building Based Planting Strips. ..........................................................6
Section 5.5 Parking Lot Landscaping....................................................................6
Section 5.6 Total Landscaping Required. .............................................................6
Section 5.7 Landscaping Standards. ....................................................................6
Section 5.8 Landscaping Installation and Maintenance. .......................................8
CHAPTER 6.0 PARKING REQUIREMENTS. ............................................................. 9
Section 6. 1 Design. ............................. . . . . .. .. . .. .. .. .. .. .. . . . . . . . .. .. .. .. .. .. . . . . .. . . .. .. . . . . . . .. .. . .. . 9
Section 6.2 Pedestrian Access. ..... ......... ....... .... .... ...............................................9
Section 63 Required Spaces......... ..... .... ............... ....................... "...... ........ .... .... 9
Section 6.4 Handicapped Parking.......................... ........ ....................... .... ........ .... 9
CHAPTER 7.0 L1GHTI NG REQU IREMENTS. ............................................................ 9
Section 7.1 Lighting Plan. . .... ....... ....... ........ ..... ...... .... .... .... .... ........ ........ ... ..... ... .... 9
Section 7.2 Desig n. ............................................................................................. 1 0
Section 7.3 Height.. ............... .............................. .... ................ ........ ....... ..............10
Section 7.4 Fixtu res. ........................................................................................... 1 0
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CHAPTER 8.0 SIGN REQUIREMENTS. .................................................................10
Section 8.1 Upper Level Signs. ..........................................................................10
Section 8.2 Lower Level Signs. ..........................................................................11
Section 8.3 The District Center Identification and Real Estate...........................11
(Leasing) Signs. .............................................................................. 11
Section 8.4 Other Provisions.............................................................................. 12
CHAPTER 9.0 OTHER REQUIREM ENTS............................................................... 12
Section 9.1 Storage of Refuse. ..........................................................................12
Section 9.2 Loading Berths...... ....... ....... ............... ............... ..... ........ .................12
Section 9.3 Mechanical Equipment. ...................................................................12
CHAPTER 10.0 APPROVAL PROCESS. ..................................................................12
Section 10.1 Approval of ADLS.............................................................................12
Section 10.2 Approval or Denial of Plats, Conceptual Development Plans and
Fi na I Development Plans. ................................................. _............. 13
Section 10.3 Modification of Development Requirements.................................... 14
CHAPTER 11.0 DEFINITIONS AND VIOLATIONS. .................................................14
Sectio n 11 .1 Construction of Language; Defin itio ns. ........................................... 14
Section 11.2 Violations of Ordinance. ..................................................................21
TABLE OF EXHIBITS
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
Legal Description
Conceptual Development Plan (COP)
Character Illustrations of Office Buildings
Character Illustrations of a Hotel Building
Character Illustrations of Parking Plazas
Character Illustrations of Greenbelts
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Ordinance
-07-Z
AN ORDINANCE ESTABLISHING THE
96TH STREET CROSSING
Planned Unit Development District
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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
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WHEREAS, the Carmel Plan Commission (the "Commission") has given a
favorable recommendation to this ordinance as set forth herein (the "Ordinance") which
establishes the 96th 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 Map Chan~e. 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 96th Street Crossing.
Section 1.2 GoverninQ 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 ControllinQ 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 DEVELOPMENT 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 two areas of development Area A will be an Office
development. Area B will be an Office development which ,adjacent to 1-465, may also
include a Hotel which may also include Attached Dwellings. The development of both
Area A and Area B will be controlled by, and must be in compliance with, the
Development Requirements.
Section 2.2 Permitted Primary Uses.
A. Area A Primary Uses: Offices, any type.
B. Area B Primary Uses: Offices, any type; Hotel; Attached Dwellings within
a Hotel Building.
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Section 2.3 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, surface parking,
loading areas, Trash Enclosures, Automated Teller Machines (ATMs), and utilities.
A. The following accessory retail and service commercial uses shall be
permitted within the BUilding(s) or within any connecting links between the
Buildings:
1. Cafeteria; Deli; Coffee Shop; Restaurant
2. Gift Shop
3. Photocopying and Duplicating Services
B. The following accessory supportive service uses shall be permitted within
the Building(s) or within any connecting links between the Building(s):
1. Conference Center
2. Day Care Center
3. Fitness Center
C. Accessory Uses, accessory retail, accessory service commercial,
accessory supportive services, or Accessory Structures, if utilized, shall:
1. have as their primary purpose the serving of the occupants or
employees of the Buildings; and,
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2. have a total gross square footage for all Accessory Uses which
does not exceed 35,000 square feet.
D.
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 shall generally be architecturally compatible
with the Building(s) with which it is associated.
CHAPTER 3.0 DEVELOPMENT STANDARDS.
Section 3.1 Minimum Parcel Size. There is no minimum Parcel size; however, the
development of any Parcel must 9till 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.
Section 3.2 Maximum BuildinQ Heiaht. For all Office Buildings, 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. For any Hotel, 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) ten (14) stories plus an additional twenty-one (21) feet for a penthouse and/or
mechanical or utilitarian roof top appurtenances.
Section 3.3 Maximum ParkinCl Plaza Heiqht. Any Parking Plaza located on the Real
Estate shall be limited to grade plus three (3) levels and shall not exceed a height of
forty (40) feet.
Section 3.4 Minimum Buildinq HeiClht. For all Buildings, 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.
Section 3.5 Maximum Building and Structure CoveraQe.
A. Maximum Building and Structure Coverage shall not exceed sixty-five
percent (65 %) of the Real Estate.
B. Maximum Floor Area Ratio (F.A.R.) of all Buildings within the Real Estate
shall be 0.70.
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Section 3.6 Minimum Buildinq and Parkinq Plaza Setbacks. The minimum
Building and Parking Plaza setbacks shall be as follows: (i) 115 feet from the East
Section Line; (ii) 20 feet from the proposed INDOT right-of-way of 1-465; (iii) 133.5 feet
from the South Section Line; and, (iv) 150 feet from the West Property Line. However,
no Building, or portion of a Building, over two (2) stories in height shall be constructed
within 266.5 feet of the South Section Line.
Section 3.7 Minimum Gross Floor Area.
A. All Buildings shall have a minimum of fifteen thousand (15,000) square feet
of Gross Floor Area, excluding the floor area of any Accessory
Structure(s).
B. Permitted Accessory Structures need not meet the minimum Gross Floor
Area requirement.
Section 3.8 Maximum Density. The maximum Gross Floor Area of all Buildings and
connecting links constructed upon the Real Estate shall be 420,000 square feet, which
may include (i) a Day Care Center not to exceed 8,000 square feet, (ii) a Fitness Center
not exceed 5,000 square feet, and (iii) a Conference Center not to exceed 5,000 square
feet.
CHAPTER 4.0 ARCHITECTURAL DESIGN REQUIREMENTS.
Section 4.1 Intent. These written design requirements provide regulations for the
development of Offices and a Hotel on the Real Estate. As a further design guideline,
attached are Character Illustrations which are intended to represent the intent of these
design requirements as applied to an Office Building (Character Illustration -EXHIBIT 3)
or a Hotel Building (Character Illustration - EXHIBIT 4). Also attached are Character
Illustrations which are intended to represent the proposed appearance of any Parking
Plaza (Character Illustration - EXHIBIT 5) that may be constructed on the Real Estate.
Section 4.2 Suitabilitv of Building Materials. A minimum of three materials shall be
used for Building exteriors from the following list: stone, brick, E.I.F.S., pre-cast (panels
or detailing), metal panels, glass, ornamental metal.
Section 4.3 . Building Design. All Buildings shall be designed with a minimum of
eight external corners, in order to eliminate monotonous box Buildings, unless othervvise
approved by the Commission.
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Section 4.4 Roof Desicm. Sloped roots shall be a maximum of one hundred (100)
teet without a change in root plane or the inclusion ot a gable or dormer. Sloped roots
shall be either standing seam metal or dimensional shingles.
Section 4.5 Buildin~ Penthouses. Building penthouses must be incorporated into
the Building tacade design, including exterior materials specifications.
Section 4.6 Parkinq Plazas. Parking Plazas shall have on all sides architectural
features that are compatible with the Building(s) with which they are associated.
CHAPTER 5.0 LANDSCAPING REQUIREMENTS.
Section 5.1 Landscape Plans. A Landscape Plan shall be submitted to the
Commission tor its apj:i)roval at the same time other plans (i.e., 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 tor 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 tor all planting areas. Landscape treatment for plaza, road, path,
service and parking areas shall be designed as an integral and coordinated part ot the
Landscape Plan for the Real Estate.
Section 5.2 Greenbelts.
A. A Greenbelt shall be provided adjacent to the Springmill Road and 96th
Street rights-at-way (Character Illustration - EXHIBIT 6), shall be a
minimum at thirty (30) feet in width and shall be landscaped per the
requirements of Section 5.7.B.1 hereof. These Greenbelt areas shall be
unoccupied except tor plant material, steps, walks, terraces, bike paths,
driveways, lighting standards, signs and other similar structures (excluding
parking).
B. A Non-Disturbance Area Greenbelt shall be maintained adjacent to the
West Property Line, shall be a minimum at thirty (30) feet in width and shall
be maintained per the requirements of Section 5.7.8.2 hereof. This
Greenbelt area shall be unoccupied except for plant material.
Section 5.3 Perimeter Plantina Strip.
A. There shall be a landscaped planting strip located adjacent to the
proposed INDOT right-ot-way for 1-465 which shall be a minimum of ten
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B.
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(10) leet in width and landscaped pursuant to Section 5.7~h~OI.
This landscaped planting strip shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, lighting standards, signs: and
other similar structures (excluding driveways and parking).
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Section 5.4 Building Based Planting Strips.
A. A minimum planting area equal to an area measuring 've (5)
shall be installed on all sides of the Building(s) and landscape
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8. Outdoor terraces and sidewalks may be permitted in these areas.
C.
If an outdoor terrace or sidewalk cuts into a planting area, the displaced
area shall bean additional area added to the Building perimeter planting.
D.
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.
Section 5.5 Parking Lot Landscaping. A minimum of (i) one (1) shade tree and five
(5) shrubs or (ii) two (2) shade trees shall be planted within each parking lot island at a
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 Landscaping Required. 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 Real Estate,
minus any rights-af-way and INDOT taking, shall be landscaped.
Section 5.7 Landscapinq 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.
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The Greenbelt areas, as designated iJeCtiOn 5.2.A hereof, shall
include an undulating earthen berm. 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. Such berm
shall extend north along Spring Mill Road a distance of
approximately five hundred (500) feet north of the South Section
Line. A sidewalk shall be installed along the 9611; Street frontage]
south of the berm and along Spring Mill Road frontage east of the
berm to a point approximately 500 feet north of the South Section
Line.
2.
A natural buffer Greenbelt area, to be designated as a Non-
Disturbance Area, shall be maintained to a minimum depth of thirty
(30) feet along the West Property Line. This natural buffer
Greenbelt area shall be preserved in its natural state but shall be
maintained in an attractive and professional manner, including
supplemental plantings to proVide effective screening and cutting of
invasive, undesirable or low quality shrubs, weeds or trees, which
cutting shall be subject to the prior approval of the Department's
Urban Forester. No improvements shall be erected or maintained
within or upon such Non-Disturbance Area. No trees, bushes,
shrubbery or other vegetation shall be removed from the Non-
Disturbance Area without the prior approval of the Department's
Urban Forester. Maintenance, alteration or removal of vegetatIon
(primarily for dead, dying or diseased vegetation) within the natural
buffer Greenbelt area shall be the obligation of Owner and any
removal of vegetation shall only be as the result of a request made
to, approved by, the Department's Urban Forester, except where
such removal is required to assure the health and safety of the
general public.
c.
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 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.
D.
Building Based Planting Strips. The primary landscaping materials used in
the planting strips adjacent to Buildings shall be shade trees, ornamental
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trees, shrubs, ground cover, grasses and flowers. A base planting unit of
one hundred (100) linear feet will be designated for the planting strip areas
which includes:
One (1) shade tree; or,
One (1) ornamental tree; and,
Five (5) shrubs or ornamental grasses.
E.
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 of0
inches, a minimum height of eight (8) feet, and a branching heig~
of not less than ~ or more than Yz. 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.
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3. Conifer Trees: All conifer trees shall be a minimum height of eight
(8) feet upon planting.
4. Deciduous Shrubs: All deciduous shrubs shall be a minimum
height of twenty-four (24) inches, with no less than six (6) main
branches, upon planting.
5.
Everqreen Shrubs: All ev n shrubs shall have a minimum
height and spread 0 eighteen (18 inches upon planting.
Section 5.8 Landscapin~lnstallation 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
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plantings with identical varieties or a suitable substitute, and keeping the
area free of refuse, debris, rank vegetation and weeds. Spot removal of
mature plant material shall be performed in areas where vegetation is
competing to the point of self-destruction.
C. Chanqes After AplJrovaL 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.
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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~o the primary entrance of the Building(s).
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Section,6.3 Required Spaces. The minimum number of parking spaces required for
all Buildings, except a Hotel, shall be three and one-half (3%) spaces for each one
thousand (1,000) square feet of Gross Floor Area. The minimum number of parking
spaces required for a Hotel shall be one (1) space per room or suite. Shared parking
may be utilized in accordance with the current standards published by the Urban Land
Instiutue.
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Section 6.4 Handicapped 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 the requirements of the State of Indiana.
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 the District. The site lighting plan shall include
the layout, spread and intensity of all site lighting, including:
A.
Parking lot and service/storage area lighting;
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B.
Architectural display lighting;
C. Security lighting;
D.
lighting of pedestrian and bicycle ways; and
E.
Landscape lighting.
Section 7.2 DesiQn. All site lighting shall be coordinated throughout the project and
be of uniform design, color and materials.
Section 7.3 Heiqht. 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 West Property Line 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. .~" ~
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Section 7.4 Fixt~e( All exterior and street area lighting fixtures shall be of the
"shoebox" variety hich 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) 0.1 foot-candle at the north right-of-way line of West
96th Street; (ii) 0.1 foot-candle at the west right-of-way line. of Spring Mill Road; and, 0.1
foot-candle at the West Property Line. ua'(v~ r~ Uf'-{) 1-rL{(P 5 ?
CHAPTER 8.0 SIGN REQUIREMENTS.
Section 8.1 Upper Level Signs. Office and Hotel Uses may have upper level signs.
A Number and Type: The maximum number of Identification Signs permitted
shall be the greater of either (i) four (4) wall signs for each Building or (ii)
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 Siqn Area: 120 square feet each.
C. Location: The signs may be located on either the west, north or east
facades. Any sign located on the west facade of a Building shall be located
on the north half of the Building fayade.
D. Desiqn: All walls signs shall consist of individual letters.
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E. Illumination: Internal.
F. Siqn Permit: Required.
G. Fees: Required.
Section 8.2 Lower Level Siqns. Office and Hotel Uses may have lower level signs.
Signs for accessory uses, accessory retail, accessory service commercial, and
accessory supportive services shall be limited to lower level signs.
A. Number and Type: The maximum number of Identification Signs permitted
shall be three (3) wall signs for each Office Building and six (6) wall signs
for a Hotel Building.
B. Maximum Siqn Area: 90 square feet each.
C. Location: The signs may be located on either the west, south or east
facades.
D. Desiqn: All walls signs shall consist of individual letters.
E. Illumination: Internal.
F. Siqn Permit: Required.
G. Fees: Required.
Section 8.3 The District Center Identification and Real Estate
(LeasinQ) Si~ms.
A. Number & Type: As approved by an ADLS Sign Program for the District.
B. Maximum Siqn Area: As approved by an ADLS Sign Program for the
District.
C. Maximum Heiqht of Siqn: As approved by an ADLS Sign Program for the
District.
D. Location: As approved by an ADLS Sign Program for the District.
E.
Desiqn: 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.
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G. Landscaping: Sign must be accompanied by a landscaped area at least
equal to the total sign area.
H. Sign 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 Stora~e 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 Loading Berths. No loading or unloading berth or bay shall have an
unobstructed view from any adjacent residential area.
Section 9.3 Mechanical Equipment. 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 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. 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.
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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 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.
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A.
Platting of the Real Estate 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
for the entirety of the Real Estate beyond those specified in Section 3.0
hereof.
B.
The Commission shall approve a COP simultaneously with its approval of
this Ordinance, as shown on Exhibit 2.
C.
The FOP 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 District; 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.
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E.
An amendment to a FOP which does not alter the use of any land may be
reviewed and approved by the Director.
Section 10.3 Modification of Development Requirements. Upon the written request
of any owner of any portion of the 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.
CHAPTER11.0 DEFINITIONS AND VIOLATIONS.
Section 11.1 Construction of lanquaqe; Definitions.
A. Construction of Lanquaqe. 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 of this Ordinance 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
events connected by the conjunction "and," "or," or "either.. .or,"
the conjunction shall be interpreted as follows:
o "And" indicates that all the connected items, conditions,
provisions or events shall apply.
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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.
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. Alteration, Material: Any change to an approved plan of any type
that involves the substitution of one material, species, element, etc_
for another.
4. 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.
5. 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.
6. Antenna: A structure or device that is used for the purpose of
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.
7. Attached Dwellinq: A Dwelling attached to another Dwelling and
located within a Hotel Building.
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8. 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.
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9. BuildinQ: A structure having a roof supported by columns or walls,
for the shelter, support, enclosure or protection of persons or
property, and intended for human occupancy. 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.
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10. Buildinq and Structure Coveraqe: 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.
11. Buildinq Heiqht: 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 or (ii) the mid-point between the eaves
and ridges of a Building with a sloped roof.
12. 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.
13. 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.
14. 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.
15. City: The City of Carmel, Indiana.
16. Commission: The Carmel Plan Commission.
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17. Conference Center: A meeting room provided as an amenity for,
and made available to, all occupants of the Building(s) and their
guests.
18. Council: The City Council of the City of Carmel, Indiana.
19. County: Hamilton County, Indiana.
20. Dav 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.
21. Department: The Department of Community Services for the City
of Carmel, Indiana.
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22. Developer: The owner, or its designee, of an area to be developed.
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23. Development Plan, Conceptual (COP): 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.
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24, Development Plan, Final (FOP): 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.
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25. Development Requirements: Development standards and any
requirements specified in this Ordinance which must be satisfied in
connection with the approval of a development plan.
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26. Diameter at Breast Heiqht (DBH): Diameter of the trunk measured
at fifty-four (54) inches above grade.
27. Director: Director, or Administrator, of the Department of
Community Services for the City of Carmel, Indiana. "Director" and
"Administrator" shall include his/her authorized representatives.
28. Dish: That part of the earth station shaped like a saucer or dish.
29. Dish-Type Receivinq Antenna (Earth Station or Ground Station): A
signal receiving device, the purpose of which is to receive radio
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communications, television, data transmission or other signals from
a satellite or satellites in earth orbit.
30. East Section Line: The East Line of the Southeast Quarter of
Section 10, Township 17 North, Range 3 East.
31. E.I.F.S.: Exterior Insulated Finishing System.
32. 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
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companies.
33. Fitness Center: An exercise facility provided as an amenity for, and
made available to, all occupants of the Building(s).
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34. 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.
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35. 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.
36. Greenbelt: That portion of the yard area which is immediately
adjacent and parallel to (i) the right-at-way of 96th Street; (ii) the
right-of-way of Spring Mill Road; and, (iii) the West Property Line.
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37. Gross Floor Area: The sum of the total horizontal areas of the
several floors of all Buildings on a Parcel, measured trom 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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38. Hotel: Any Building or group of Buildings containing five(5) or more
rooms without direct entrance to or tram 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.
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39. HVAC: Heating, ventilation and air conditioning equipment.
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40. Landscapinq: 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.
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41. Lower Level Siqn: A sign located on a Building facade below a
height of thirty (30) feet, measured from grade level.
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42. Non-Disturbance Area: A designated natural buffer Greenbelt area
which is required to be preserved in its natural state.
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43. 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.
44. Parcel:, A portion of the Real Estate intended as a unit for transfer
of ownership or development.
45. Parking Plaza: Parking spaces contained within a multi-level
structure.
46. Parkinq Plaza Heiqht: 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.
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47. Parkinq 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 (81;;) feet, and one-half
(1;;) 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.
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48. Photocopvinq and Duplicating Services: A facility providing
reproduction, cutting, printing, binding, etc. of written materials,
drawings, labels, etc. for occupants of the Building(s).
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49. PlantinQStrip: A portion of land intended to contain plant materials
for the purpose of creating a visual separation between Uses or
activities.
50. Pond: A body of water either occurring naturally or artificially
created and not fed by any watercourse.
51. Professional Office: An office of a member of a recognized
profession such as an architect, attorney, dentist, engineer,
physician or surgeon.
52. 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.
53. Right-of-Way: An area of land permanently dedicated to provide
light, air and access.
54. Setback: The least measured distance between a Building or
structure and the South Section Line, the East Section Line, the 1-
465 right-of-way or the West Property Line of the Real Estate.
55. Siqn: Any type of sign as further defined and regulated by this
Ordinance and the Sign Ordinance within the Carmel Zoning
Ordinance.
56. South Section Line: The South Line of the Southeast Quarter of
Section 10, Township 17 North, Range 3 East.
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57. StOry: 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 floOf, that part of the Building comprised
between the level of the highest finished floor and the top of the
roof beams.
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58. 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.
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59. 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.
60. Upper Level Siqn: A sign located on a Building facade above a
height of thirty (30) feet, measured from grade level.
61. Use: The employment or occupation of a Building, structure or land
for a person's service, benefit or enjoyment.
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62. West Property Line: The western boundary of the Real Estate.
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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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of
PASSED by the Common Council of the City of Carmel, Indiana, this
, 2007, by a vote of ayes and nays.
day
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
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
96th Street Crossing
Legal Description
Part of the Southeast Quarter of Section 10, Township 17 North, Range 3 East, in Clay
Township, Hamilton County, Indiana, being more particularly described as follows:
Beginning at the Southeast corner of said Southeast Quarter Section; thence North 00
degrees 39 minutes 24 seconds East along the East line thereof 303.74 feet; thence
North 89 degrees 20 minutes 36 seconds West 25.69 feet; thence northerly and
westerly along the western and southern right-of-way lines of land owned by the State
of Indiana per Warranty Deed recorded as Instrument Number 92-01765 in the Office of
the Recorder of Hamilton County, Indiana by the following six (6) courses; 1) North 15
degrees 40 minutes 42 seconds West 104.21 feet; 2) North 00 degrees 39 minutes 24
seconds East 250.00 feet; 3) North 05 degrees 03 minutes 14 seconds West 351.75
feet; 4) North 51 degrees 11 minutes 08 seconds West 37.61 feet; 5) South 89 degrees
49 minutes 10 seconds West 475.00 feet; 6) North 86 degrees 52 minutes 17 seconds
West 172.07 feet toa point on the East line of Lot 8 in Lacoma Estates as per plat
recorded in Plat Book 3, page 100, in the Office of the Recorder of Hamilton County,
Indiana; thence South 00 degrees 11 minutes 51 seconds West along the East line of
said Plat 1031.57 feet to a point on the South line of the aforesaid Quarter Section;
thence South 89 degrees 39 minutes 04 seconds East 758.18 feet to the place of
beginning, containing 16.991 acres, more or less.
EXCEPTING THEREFROM:
A part of the Southeast Quarter of Section 10, Township 17 North, Range 3 East,
Hamilton County, Indiana, described as follows: BEGINNING at the southeast corner of
said quarter section; thence North 89 degrees 58 minutes 38 seconds West 758.18 feet
along the south line of said quarter section; thence North 00 degrees 08 minutes 23
seconds East 50.00 feet; thence south 89 degrees 58 minutes 38 seconds East 111.51
feet; thence North 81 degrees 40 minutes 41 seconds East 199.26 feet; thence North
82 degrees 49 minutes 29 seconds East 295.00 feet; thence North 61 degrees 09
minutes 23 seconds East 73.90 feet; thence North 42 degrees 20 minutes 49 seconds
East 63.99 feet; thence North 20 degrees 52 minutes 01 seconds East 71.25 feet to a
point on the existing westerly right-of-way line of Spring Mill Road; thence South 89
degrees 40 minutes 24 seconds East 25.00 feet to the east line of said quarter section;
thence South 00 degrees 19 minutes 36 seconds West 265.33 feet along said east line
to the POINT OF BEGINNING and containing 1.729 acres, more or less. The bearings
in this description are based upon the south line of said quarter section having a bearing
of North 89 degrees 58 minutes 38 seconds West.
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EXHIBIT 2 - CONCEPT PLAN
SCAlE: NOT TO SCALE
05/17/2007
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