HomeMy WebLinkAboutZ-359 PUD Ordinance
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ORDINANCE
NO. Z-359
( 154-00-Z)
Draft 8/18/2000
Revised: 9118/2000
10/1712000
10/2512000
11/2012000
11/2212000
12/0512000
12/0812000
1211312000
12/1912000
1/0912001
Sponsor Kevin Kirby
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PARKWOOD CROSSING WEST/"'".
PLANNED UNIT DEVELOPMENT
DISTRICT
This Instrument Prepared by:
Philip A. Nicely, Esq.
Bose McKinney & Evans LlP
600 E 96lh Street, Suite 500
Indianapolis, IN 46240
317-574-3700
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Ordinance No. Z-359
(154-00-Z)
AN ORDINANCE ESTABLISHING THE
PARKWOOD CROSSING WEST
Planned Unit Development District
WHEREASt 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 accordancewiththe requirements of IC S36-7 -4-1500 et seq.; and
WHEREASt the Carmel PlanCommission (the "Commission") has given a favorable
recommendation to the ordinance set forth herein (the "Ordinance") which establishes the
Parkwood Grossing West Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that, pursuant to IC ~36-7-4-1500 et seq_, it adopts this
Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance.
CHAPTER 1.0 APPLICABILITY OF ORDINANCE.
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of
the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land
described in Exhibit A (the "Real Estaten), as a Planned Unit Development
District to be known as Parkwood Crossing West.
Section 1.2 Development in the Planned Unit Development District shal.1 be governed
entirely by (i) the provisions of this Ordinance, (ii) those provisions of the
Carmel/Clay Zoning Ord ~nance spetificallyreferenced in this Ordinance, and
(iii) the "Comm itments Concerning the Development and Use of Real Estate"
attached hereto as Exhibit B (the "Commitments"). In the event of a conflict
between this Ordinance (including the Commitments) and the Carmel/Clay
Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance
(including the Commitments) shall apply.
Section 1.3 Any term not defined herein shall have the meaning as set forth in the
Carmel/Clay Zoning Ordinance, unless the context otherwise r~quires.
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CHAPTER 2.0 PERMITTED USES.
Section 2.1 Permitted Primary Uses.
A. Office, Any Type
B. Restaurant (no Fast Food, Drive-In or Drive-Through Restaurant)
Section 2.2 Permitted Accessory Uses and Structures. Accessory uses and structures,
subordinate, appropriate and incidental to the abovei..permitted primary uses shall be
permitted, including trash enclosures, Automated Teller Machines (ATMs), and utilities.
The following accessory retail and service commercial uses shall be permitted within the
building(s) or within any connecting links between the buildings: .
Cafeteria/Deli/Coffee Shop
Photocopying and Duplicating Services
The following acc-essorySuppol'ti\isser:!csllses shall be permitted within the building(s)
or within any connecting links between the building(s):
Conference Center
Day Care Center
Fitness Center
Accessory uses, accessory retail, accessory service commercial, accessory supportive
services, or accessory structures, if utilized, shall:
A have as their primary purpose serving the occupants or employees of the
buildings; and,
B. have a total gross square footage for all accessory uses which does not
exceed 35,000 square feet.
Section 2.3 Parking Plazas.
A. Two parking plazas shall be permitted.
B. Vehicle service facilities may be located on the interior of a parking plaza,
subject to:
1.
It shall be a service only to the building occupants;
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2. It shall not be visible from the perimeter of the Real Estate; and
3. No sign identifying the facility that is viewable or intended to be
viewable from the public right-of-way shall be permitted.
Section 2.4 Communication Equipment: Cell towers shall not be permitted.
Communications equipment, as required by the building occupants, shall be perm itted and
shallbe screened with suitable walls:orfencing and in general be architecturally compatible
with the bUilding(s) with which it is associated.
CHAPTER 3.0 GENERAL PROVISIONS.
Section 3.1 Minimum Parcel Size. The Parkwood Orossing West PUD parcel shall have
a minimum size of twenty (20) acres. This Section 3.1 does not, however, preclude the sale
or other transfer of any lot within the Real Estate after the approval of a DP for the parcel.
However, the development of the parcel must still conform to the DP far the Real Estate
as approved or amended by the Director, and all other applicable requirements contained
in this Ordinance. /~-
Section 3.2 MaxifT!umBuildinQ HeiQht. All uses, seventy-nine (79}feet; provided, however,
no bliilding shalf exceed a height of five (5) stories and no penthouse or other
appurt~narice shall exceed a height of twenty-one (21) feet above the building parapet.
S.ection 3.3 Maximum Parkinq Plaza Heiqht. Any parking plaza located on the Real Estate
shall be limited to grade plus two (2) levels and shall not exceed a height of twenty-nine
(29) feet.
Section 3.4 Minimum Building Heioht. All uses, 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 Parcel Coverage.
A Maximum Parcel Coverage of the Real Estate shall be sixty-five percent
{65% }.
B. Maximum Floor Area Ratio (F.A.R) of the Real Estate shall be 0.70, with the
FA.R. being calculated by dividing the total gross floor area of all buildings
on the Real Estate by the area of the Real Estate.
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Section 3.6 Architectural Desion Requirements.
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A.
Scale andproportion: All building facades, including doors, windows, column
spacing, and signage shall be designed using the Golden Section,
represented by the ratio 1:1.6 or 1.6: 1, as a general guideline.
Suitability of building materials: A minimum of three materials shall be used
for building exteriors from the following list: stone, brick, architectural precast
(panels or detailing), architectural metal panels, glass, ornamental metal.
C.
BUilding design: 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.
o.
Roof design: Sloped roofs shall be a maximl.;lm of one hundred (100) feet
without a change: in roof plane, or gable or dormer. Sloped roofs shall be
either standing seam metal or dimensional shingles.
E.
Building penthouses: Building penthouses must be incorporated into the
building facade design, including exterior materials specifications.
Section 3.7 Other Requirements.
A. Outside Storaqe 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).
B. LoadinqBerths. No loading or unloading berth or bay shall be visible from
any adjacent resioential area.
C. 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
assoc.iated. All HVAC equipment in the Office Area shall be located on the
roof of the building(s) and the required screening shall include noise
abatement features.
CHAPTER 4.0 OFFICE AREA - SPECIFIC PROVISIONS.
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Section 4:1 Minimum Buildinq and Earkinci"Plaza Setbacks. -The-minimum building and
parking plaza,,,setbacks shall .l)8/aS follows~ (a) 115 feet from the West",~ection line,
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(b) 20 feet from the proposed INDOT right-of-way, and (c) 133.5 feet from the South
Section Line. However, no office building shall be constructed within 266.5. feet of the
South Section Line.
Section 4.2 Minimum Gross Floor Area.
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A. \\ All buildings shall have a minimum of fifteen thousand (15,000) square feet
\. of gross floor area, excluding the floor area of any aC98ssory structure(s).
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B. A~cessory structures permitted need not meet Jhe minimum floor area
recl'l'..I,irement. II
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Section 4.3 MaximurTtDensitv. Maximum gross floor area tor all buildings and connecting
links upon the Real Est'a~e (net of all.proposed rights-Of-)V~Y) shall be 591,300 square feet
(a maximum of 8,000 squ~re feet for a day care C89ter; 5,000 square feet for a fitness
center; and, 5,000 square\,!eet fora conferencel-center may be. iflcluded); provided,
however, jf INDOT takes less\than 8.5 acres of th~ Real Estate for nght-ot-way purposes,
the permitted gross floor area'\f~r the builqin9"s/ may be increased at the rate of 6,930
square feet for each acre of Re~1 Estate ~liot taken by INDOT. The amount of the
anticipated I N DOT taking shall be bas,d upon the mast current letter from the
Commissioner of INDOT which li1ake~'~.petermination as to the acreage of the proposed
taking. /'\"'"
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Section 4.4 Landscapinq Requirerhents. ''',
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A. Landscape Plan. A Landscape P.lan'~t1all be submitted to the Commission
for its ap pro4a I at the same time oth'e( plans (i.e., architectural design,
lighting, parking and signage) are submitfe~. The Landscape Plan (1) shall
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be drawn to scale, including dimensions and distances; (2) shall delineate all
existing and proposed buildings, 'structures, p~rk(~g ar,~as, walks, ramps for
handic~pped, terraces, driveways, ground and m~nument signs, lighting
stanqards, steps or other similar structures; (3) shal\'q~lineatethe location,
size/and description of all proposed landscape rt1ateria,~ arid the irrigation
sy$l:em for all planting,areas;and, (4) shall delineate the 10~tion, size and
g.~scription of all exi~\ing trees 9" DBH or larger which are located within any
/9reenbelt or Planting Strip required in Section 4.4.8. Landsci:ip,e treatment
for plazas, roads, paths, service and parking areas sh.all be designed as an
integral and coordinated part of the Landscape Plan for the Real Estate.
B. Areas to be Landscaped.
1.
Greenbelt:
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a. A greenbelt shall be provided adjacent to the 96th Street and
Spring Mill Road right~-af-way and shall be a minimum of
thirty (30) feet in width and landscaped per the requirements
. of Section 4.4.C.
b. The greenbelt areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
.. standards, signs and .othersimilar structures (excluding
\\ parking).
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2. Plantinq"Strip:
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a. TherS\~hall be landscaped planting areas loqated adjacent to
the INOqT right-of-way which shall be a rpihimum of ten (10)
feet in width and landscaped pursuant t9,Section 4.4. C hereof.
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b. These landscaped areas shall be!Jhoccupied except for plant
material, steps, WplkS, terracesllbike paths, driveways, lighting
standards, signs>\~md oth~r' similar structures (excluding
parking),\., /
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3. Plantino Adiacent to Buildin~.s!{\
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a. A planting area e9cial to a~\~rea measuring ten (10) feet in
depth shall be in$talled on all ~des of the building(s).
b. Outdoor terr~,'s, sidewalks and~veways may be permitted
In these areas. \.
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c. If an outd,oorterrace, sidewalk or drivew' cuts into a planting
area, t~~ displaced area shall be an additl
the bu,ilding perimeter planting,
d. Th~se additional adjacent planting areas n d not be
reptangular in shape as long as the required amount of space
i? landscaped. These additional adjacent planting areas may
abut an outdoor terrace area.
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4.
Plcmtinq Within Parking Lots: A minimum of (a) one (1) shade tree
and five (5) shrubs or(b) two (2) shade trees shall be planted within
each parking lot island at a rate not less than eighteen (18) trees per
acre of parking. (See Section 4.4.C.1 for minimum planting area
requirements.)
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5. Total LandscapinqRequired: 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 mihimum of fifteen
percent (15%) of the Office Area, minus any INDOTtakl'l9, shall be
landscaped. .'
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c.
Landscapinq Standards.
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1.
Interior Areas. The dimensions, specifications an design of any
planting area or planting median shall be suffici nt to protect the
landscaping materials planted therein and to rovide for proper
growth. The following minimum widths for inter" r planting areas shall
be used:
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Greenbelt. The greenbelt areas, is designated in Section 4.4.8.1.,
shall include 8. six to eight {6-;:8} foot undulating earthen berm on
which will be placed eight to/fe. n (B-10) foot tall conifers similar to
those placed along 96\h Street east of U.S. 31 and ih front of the
existing P arkwood Cros?'ing.. The berm landscaping shall include
deCiduous trees, with a,hinimum trunk of 2-3 inches at six (6) inches
above ground line, intEtspersed among the conifer trees, as shown on
Exhibit C. Such berrh shall extend north along Spring Mill Road a
distance of approxifri1ately five hundred (500) feet north of the South
Section Line. A ~idewalk shall be installed along the 96th Street
frontage south of the berm and along Spring Mill Road frontage west
of the berm to.8 point approximately 500 feet north of the South
Section Line: Construction of the berm shall commence
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contemporcy180usly with the initial site development for the Real
Estate anpJ will be .finished contemporaneously with or prior to
completilin ofthe first building.
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PlantiMQ Strip. The primary landscaping materials used in the planting
strip:iireas and adjacent to buildings shall be shade trees, ornamental
tre~s, 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:
Canopy Trees: 9 feet wide
Ornamental Trees: 7 feet wide
Shrubs (only): 5 feet wide
2.
3.
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Three (3) shade trees; or,
Five (5) ornamental trees or five (5) conifer trees; and
Fifteen (15) shrubs,
4. Materials. All plants proposed to be used in accord a e with any
landscaping plan shall meet the following specificatio s:
a. Shade Trees: A minimum trunk diameter of inches at six (6)
inches above the ground line, a lTIinimu height of eight (8)
feet, ~nd a branching height of hot less t an 1/3 nor more than
% of tree height.
b. Ornamental Trees: A minimum trun. diameter of 1.75 inches
at six (6) inches above the grouh line, a minimum height of
six (6) feet, and a branchingheig of not less than 113 nor more
than % of tree height
c. Evergreen Trees: A minlmu height of eight (8) feet.
d. Deciduous Shrubs: A m" imum height of twenty-four (24)
inches, with no less tha ix (6) main branches upon planting.
e. Evergreen Shrubs: A inimum height and spread of twenty-
four (24) inches.
D.
Landsca in
intenance.
1.
2.
Installation. All requ' ed landscaping for each phase of the
development shall e installed prior to the issuance of a final
Certificate of Occu ncy by the Department. If it is not possible to
install the require landscaping because of weather conditions, the
property o~ner s'lll po~t a b~nd for a~ amount equal t? the tot~l. cost
ofthe required la dscaplng pnorto the Issuance of the fInal CertifIcate
of Occupancy.
Maintenanc . It shall be the respon~ibility of the owners and their
agents to i sure proper maintenance of project landscaping and
retention . onds approved in accordance with the development
requirem ts specified for this Ordinance.,This is to include, but is not
limited t , irrigation and mulching of planting areas, replacing dead,
disease. or overgrown plantings with identical varieties or a suitable
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substittllte, and keeping the area free of refuse, debris, rank
veget~ion and weeds.
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3. Changes After Approval. No landscaping which has been approved
by the Commission may later be substantially altered, eliminated or
sacrificed, without first optaining further Commission approval.
However, minor and material alterations in landscaping may be
approved by the Director in order to conform to specific site
conditions.
4. Inspection. The Director shall have the autho :ty to visit the Real
Estate to inspect the landscaping and chec . against the approved
plan on file.
Section 4.5 Parkinq ReQuirements.
A.
B.
G.
D.
E.
Section 4.6
A.
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Efforts to break up largeexp~nses of p ement are to be encouraged by the
interspersing of appropriate planting reas.
Direct, articulated pedestrianac ss shall be provided from the street to the
primary entrance of the buildin t s).
The minimum numberof pa "ing spaces req"uired shall be three and one-half
(312) spaces for each on housand (1,000) square feet of gross floor area.
There shall be an ap, ropriate number of parking spaces, acce$sible to the
building(s) and id "tified as reserved for use by handicapped individuals,
and these space shall meet State requirements.
Above-grade,js'tructured parking facilities shall have on all sides architectural
features thC)t are compatible with the building(s) with which they are
associated(
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e uirements.
A Ite lighting plan shall be submitted along with the information on
chitectural deSign, landscaping, parking, signage, and lighting ("ADlS")
approval petition. The site Ii~hting plan shall include the layout, spread and
intensity of all site lighting, including:
1. Parking lot and service'lstorage area lighting;
2. Architectural display lighting;
3. Sec;urity lighting;
4. Ughtingof pedestrian ways~ and
5. landscape lighting.
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Section 4.7 Siqns. Signs for accessory uses,flccessory retail, accessory service
commercial, and accessory supportive services s9~1I be limited to lower level signs.
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Num.ber & Type: The /maximum number of Identification Signs
permitted shall be two ('2) wall signs each for Buildings A, Band C.
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Maximurn Sign Are~/ 90 square feet each.
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location: The siQr<s may be located on either the west, north or east
facades. Any si~h located on the west facade of Building B shall be
located on the orth half of the building facade
B.
All site lighting sh. all be coordinated throughout the project anLbe f unllorm
design, color and materials.
The height of light standards shall not exceed twenty-eigh~. ) feet from the
top of the fixture to the top onhe pole base. Except, hawver, the height of
light standards on the top of any parking plaza shall not? ceed twenty-three
(23) feet from the top of the fixture to the top of t78. p 'Ie base. The base of
the pole shall not exceed two (2) feet in height.
All exterior and street area lighting fIXtures shall e of the "shoebox" variety
which directs light downward. Any parking 10 lighting or building lighting
illumination emanating from the Real Estate evelopment shall not exceed
0.1 footcandle at the north right-of-way line f West 96th Street and the east
right-of-way line of Spring Mill Road.
c.
D.
A.
Upper Level Signs.
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1.
2.
3.
4. Design: All lis signs shall consist of individual letters.
B.
llIuminatio : Intemal.
Sign pe~it: Required.
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7. Fee/ReqUired.
Lower Lev I Si ns.
5.
6.
1. N mber & Type: The maximum number of Identification Signs
p rmitted shall be six (6) wall signs.
2. Maximum Sign Area: 60 square feet each.
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c.
Location: The signs may beJocated on either thewest, sout~ east
facades. The signs may only be located on the first floor rcade.
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Design: All walls Si.9ns shall. consist of individualle7ters "
Illumination:. Internal.
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7 . Fees: Required. . /
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Parkwood CrossinQ West Center Identificatioiand Real Estate (Leasing)
Sians. /
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Number & Type: As approved' by an ADLS Sign Program for
ParkwoodCrosslng West. 1/
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Maximum Sign Area: As ;approved by an ADLS Sign Program for
__parkwClodCrossing W~~.
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Maximum H~ight of ~ign: As approved by an ADLS Sign Program for
P arkwood Crossing/West.
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5.
3.
4.
6.
Sign Permit: Required.
1.
2.
3.
4. Location: As approved by an ADLS Sign Program for Parkwood
Crossing West. .'
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5, Design: Sign~' must comply with the approved architectural scheme
of the complex, and must be of a sim ilar design, lighting and style of
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construction.
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6. lIIumina~(on: Internal or completely shielded.
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7. Land&taping: Sign must be accompanied bya landscaped area at
least/equal to the total sign area.
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8. Sig~ Permit: Required.
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9. Feks: Required.
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D. Other Pr6visions. Se'Ction.25.7.01-"General Provisions" and 25.7.06-25.7.09
- "Legal Non-Conforming Signs, Sign Permits, Variance, and Admjnistration
and Enforcement" ol the C~rmeVClay Township Sign Ordinance Z-302, are
also incorporated by reference.
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CHAPTER 5.0 OUTLOT AREA - SPECiFIC REGULA liONS.
Section 5.1 Minimum Buildinq Setbacks. The /TIinimum building setback shall be as
tollows: (a) ten (10) feet from the proposed INDOT right-at-way, and (b) 83.5 feet from the
South Section line.
Section 5.2 Minimum Gross Floor Area.
A. The gross tioor area ot any building shall not be less than five thousand
(5,000) square feet.
B. Accessory structures permitted need not meet the minimum floor area
requirement.
Section 5.3 MaximumGross Floor Area and Densitv. Ama;x:imum of two (2) buildings shall
be permitted. The gross tloor area of any building shall not exceed nine thousand five
hundred (9,500) square feet and the total gross floor area of the two permitted buildings
shaH not exceed eighteen thousand (18,000) square feet. Restaurants shall be the only
permitted primary use.
Section 5.4 Landscaping Requirements.
A. Landscape Plan, A Landscape Plan shall be submitted to the Commission
for its approval at the same tilT18 other plans (Le., architectural design,
lighting, parking and signage) are submitted. The Landscape Plan (1) shall
be drawn to scale, including dimensions and distances; {2) sha.lI delineate all
existing and proposed buildings,structures, parking areas, walks, ramps for
handicapped, terraces, driveways. ground am;1 monument signs, lighting
standards, steps or other similar structures; (3) shall delineate the location,
size and description of all proposed landscape material and the irrigation
system for all planting areas; and, (4) shall delineate the location, size and
description of all existing trees 9" DBH or larger which are located within any
Planting Strip required in Section 5.4.B.. Landscape treatment for plazas,
roads, paths, service and parking areas shall be designed as an integraland
coordinated part of the Landscape Plantar the Real Estate.
B. Areas to be Landscaped.
1. Plantinq Strip:
a.
There shall be landscaped planting, areas located adjacent to
the INDOT right-af-way and adjacent to the 96th Street right-of-
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way which shall be a minimum of fifteen (15) feet in width and
landscaped pursuant to Section 5.4.C hereof.
b. These landscaped areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
standards, signs, and other similar structures (excluding
parking).
2. PlantinQ Adiacent to BuildinQs:
C)
A planting area equal to an area measuring ten (10) feet in
depth shall be installed Qn all sides of the building(s).
b.
Outdoor terraces, sidewalks and driveways may be perm itted
in these areas.
c.
If an Qutdoorterrace, sidewalk or driveway cuts into a planting
area, the displaced area shall be an additional areaaoded 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.
3. Plantinq Within ParkinO Lots: A minimum of (a) one (1) shade tree
and five (5) shrubs or (b) two (2) shade trees shall be planted within
each parking lot island at a rate riot less than eighteen (18) trees per
'acre of parking. (See Section 5.4.0.1 for minimum planting area
requirem ents.)
4. Total LandsC3!>ina Reauired: Indusive of the greenbelts, the planting
strips, the planting adjacent to thebuilding{s), outdoor terrace areas
and the planting within surface parking lots, a minimum of fifteen
percent (15%) of the Outlot Area, minus any lNDOT taking, shall be
landscaped.
C. Landscaoina Standards.
1. 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
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growth. The following minimum widths for interior planting areas shall
be used:
Canopy Trees: 9 feet wide
Ornamental Trees: 7 feet wide
Shrubs (only): 5 feet wide
2. Plahtinq StriP, The primary landscaping materials used in the planting
strip areas and adjacent to buildings shall be shade trees, ornamental
trees, shrubs, ground cover, grasses and flowers. A base planting unit
of orie hundred (100) linear feetwill be designated for the planting
strip areas which inCludes:
Three (3) shade trees; or,
Five (5) ornamental ~rees or five (5) conifer trees; and
Fifteen (15) shrLlbs.
3. Materials. All plants proposed-to be used in accordance with any
IBn,..l'Z'''3oing plan shall m~et.the following specifications:
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a. Shade Trees: A minimum trunk diameter of 2inches at six (6) / /
inches above the ground line, a minimum height of eight (8f
feet! and a branching height of not less than 1/3 nor more than
% of tree height.
b. Ornamental Trees: A minimum trunk diameter of 1.75 Inches
at six (6) inches above the ground line, a minimum height of
six (6) feet, and a branching height of not less than 1f3 nor more
than 1h of tree height.
c. Evergreen Trees: A minimum height of eight (8) feet.
d. Deciduous Shrubs: A minimum height of twenty-four (24)
inches, with no less than six (6) main branches upon planflng.
e. Evergreen Shrubs: A minimum height and spread of twenty-
four (24) inches.
D. Landscaoina Installation and Maintenance.
1.
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. 'f it is not possible to
::ODMAIMHODMA\N01 ;35950;11
14
install the required landscaping becausl;3! of weather conditions, the
property owner shall posta bond for an amount equal to the total cost
of the required landscaping prior to the issuance of the final Certificate
of Occupancy,
2. 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 isla include, but is not
limited to, irrigation and mulching of planting areas, replacing dead,
diseased or overgrown plantirigs with identical varietie.s or a suitable
substitute, and keeping the area free of refuse, debris, rank
vegetation and weeds.
-----------
---
3. Chanqes After Approval. No landscaping which has been approved
by the COl1}mis$lbn may later be substantially altered, eliminated or
sacrifiged, without first obtaining further Commission approvaL
H9'Never, mihor and material alterations inlandscaptng may be
/~pproved by the Director in order -to conform-to specific site
conditions.
4. 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 5.5 ParkinQ Requirements..
A. Efforts to break up large expanses of pavement are to be encouraged by the
interspersing of appropriate planting areas.
B. Direct, articulated p~destrian access shall be provided fromthe street to the
primary entrance of the building(s).
C. Theminimum number of parking spaces required shall be one (1) space per
every four (4) patron seats, plus one (1) space per employee per largest
shift.
D. 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 shallrTJe~t State requiremen~s_
::ODMAIMHOOtilAIN01 ;35950:1 ,
15
Section 5.6 LiQhtinQ Requirements.
A. A site lighting plan shall be submitted along with the information on
architectural design, landscaping, parking, signage, and lighting rADLS"
approval petition), 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 ways; and
5. Landscape lighting.
B. AU site lighting shall be coordinated throughout the project and be of uniform
design, color and materials.
C. The height of light standards shall not exceed twenty-eight (28) feet from the
top of the fixture to the top of the pole base. The base of the pole shall not
exceed two (2) feet.
D. All exterior and street area lighting fixtures shall be of the "shoebox" variety
which directs light downward. Any parking lot lighting or building lighting
illumination emanating from theParkwaod Crossing West development shall
not exceed 0.1 footcandle at the north right-of-way line of West 96111 Street
and the east right~f-way line of Spring Mill R9ad.
Section 5.7 Sions.
A, OutlotArea Sions.
1.
Number & Type: Three (3) total signs Qeing either one (1) ground
identification sign and one (1) wall sign on two (2) buil,ding facades
per business; Of, one (1) wall sign on three (3) building facades per
business.
2.
Maximum Sign Area:
Ground Sign - 60 square feet
Wall Sign - 5% of the facade
3.
Maximum Sign Height:
Ground Sign - 6 feet
::OOMAIMHODMA\N01 ;35&50;11
16
4. Location: As shown on the building elevations and site plan. Signs
shall be setback a minimum of 10 feet from the right-at-way. Signs
shall not be lo'catedwithin the vision clearance area.
5. Design: All wall signs shall Consist of individual letters. All ground
signs shall be consistent with the P arkwood Crossing West
Identification Signs.
6. Landscaping: A landscaped area shall be provided adjacent to each
ground sign at'least equal in area to the total sign area.
7. Illumination: Internal or completely shielded.
8. Sign Permit: Required.
9. Fees: Required.
B. Parkwood Crossino West Center Identification and Real Estate (Leasinq)
SiQns.
':ODMAIMHQOMAINOl ;3595l'J;11
1.
Number & Type: As approved by an ADLS Sign Program for
Parkwood Crossing West.
2.
Maximum Sign Area: As approved by an ADLS Sign Program for
Parkwood Crossing West.
3.
Maximum Height of Sign: As approved by an ADLS Sign Program for
Parkwood Crossing West.
4.
Location: As approved by an ADLS Sign Program for Parkwood
Crossing West.
5.
Design: Signs must comply with the approved architectural scheme
of the complex, and must be of a simllar design, lighting and style of
construction.
6.
Illumination: Intemal or completely shielded.
7.
Landscaping: Sign must be accompanied by a landscaped area at
least equal to the total sign area.
8.
Sign Permit: Required.
17
9. Fees: Required.
C. Other Provisions. Section25.7.01-"General Provisions" and 25.7.06-25.7.09
_ "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration
and Enforcement" of the Carmel/C[ay Township Sign Ordinance Z-302, are
also incorporated ~y reference.
CHAPTER 6.0 APPROVAL PROCESS.
Section 6.1 Approval of ADLS.
A. The Commission shall consider an ADLS approval petition for any building
within Parkwood Crossing West.
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 Parkwood Cross"lng West development.
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
approvCl,\ 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 and material alterations may be approved by the Director.
E. In no event, however, may the CommHision or the Director approve any
alteration that exceeds a maximum lim itation imposed by this Ordinance or
approve any alteration that is less than a minimum limitation imposed by this
Ordinance.
Section 6.2 Approval or DenIal of the Development Plan.
Ac The Commission shall approve a conceptual Development Plan (the "DP")
simultaneouslywith the approval of this Ordinance, as shown on Exhibit C.
B. The Director shall approve without conditionsjapprove with conditions, or
disapprove the final DP for any project within Parkwood Crossing West;
provided, however, thatthe Director shall notunreasonablywithholdordelay
his/her approval of a final DP that is in substantial conformance to the
conceptual DP and is in conformance with the development requirements of
this Ordinance. If the Director disapproves the final DP for any project within
Parkwood Crossing West, the Director shall set forth in writing the basis for
:',ODMA\MHODMA\N01 ;35950;1'
18
the disapproval and schedule the request for approval of the final. DP for
hearing before the Commission.
C. An amendment to a final DP Which does not alter the use of any land may be
reviewed and approved by the Director.
D. The final DP shall be a specific plan-for the development of all or a portion
of the Real Estate that is submitted for approval by the Director showing
proposed facilities and structures, parking, drainage, erosion control, utilities
and building information.
CHAPTER 7.0 DEFINITIONS AND VIOLATIONS.
Section 7.1 General Rules of Constru0tion~ Definitions.
A. General RUles of Construction: The following general rules of construction
and definitions shalt apply to the regulations of this Ordinance:
1. The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
2. Words used in the pre~ent tense include the past and future tenses,
and the future the present.
3. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word ushouJd" is a preferred requirement.
B. Definitions:
1.
Accessory Structure: A structure subordinate to a building or use
located on the Real Estate which is not used for permaneht human
occupancy. A parking plaza is 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.
::ODMAIMHOOMA\N01 ;35950;~ 1
19
14. .CafeterialOeli/GOffee ShoP:,.At}, ;~staQlisbr'nent 19c~tE;!;:l withintne
oUiloing(s)where.foodiand d'rink'~s prepared, $erved a~d cons.umed
primarily within th~i.build,ing(s).by tt1e,'ocCl!paots'of the building(s) and
their g~ests,' ..
15; Center{lrle~ A lire lying trllftway J~~tween the sjde'lih~s ofastreet.or
,alley rig,ht~of~way~andlor'pavement.
1'6. eerfificale ofbccup:an'c'Y~ A.ce;:ut'icate sig!ied~bY.t~e Dir~ctor stating
th~tthe ,occU,pa ncy .and use of land.or a building or structure referred
,tot~!?reln cpnipJi~,s yJithJ,l)e pr.bYlsi6n.s ofthis.Ordinante. '
17: Cit~t Th~ C.ity of Carmel, Inqiana.
.1 B., 'Commissiop; the Carmel/ClayPlan Comm'isslon.
1'9 . Gamm itrnent: An,official ag reemeDt! ,hiad,e'~I1~ a,ccQtdaogeWittl Iq~ran~
Code S36~ 7,--4-6;15" conCeming,theusear devefopmerit ota parcel'of
real, p.roper:!ywtlic~ is ma.de ih w:r1tjngbY the oWner of tI'lat parcel,
'either voluntarily or in accordance With an order 'or' r~qlJesfof the
Comrnissi'on, as recorded irdhe Officedrthe RecOrder'6f,Hamilton
.' _. ..... ,_ -T' " -...... ..' - -- .
County; Indiana
:20. Common Area:: Are,a~s. ~i~hi!l ?.qeve1ppmenrthat s8rv~e ei~her,,~,portioh
oforthe;entire development-. (Exa~pleICOmr11b[1.~rea -signs,lighting,
langs'c~ping, rn~ititenahC,e shed', ete:)
21. Conference.Genter:,A;meeting room provided as an amenityfbr~and
itiadea~ail~b!EdO, all occllpants oCHlE! building(s) aridth'eir,guests.
22, CounciE'The Gi~Y'CoLiriciL6f the,City of'Garmei, Indiana.
.2'3. Countv~ Hamilton,County; Indiana.
!24. Dayr-Oare: An o(gani'zed group programJott~e ca~e 9fghlidr{;maW~Y
Hprn their own resi~Je~ce "for" any partaf atwenty~four (24) hour.day,
for comp'~nsat'iol')' or~U'erWig,e\ .. . .
25, D~elopmeht Plan: A sp~cif.ic ptan 'forlh'e d~yelopinent of real
propertythatls submittedJor CommIssion approvalshowipg proposeQ
facHiUes; !?Lij\drng'~'~f1d:,strUctures. TIi!?, piq.n review i'hcliJdes general.
landscaping., .ps!king.~ dfainC!g~j ,erosid\1 c<?n.tr91, :sig0~ge", ligl\Ung,
screen-ing and buildings, i,hfof1T18tion fora site. A .develqpmerit plan
.RZt
7.
8.
9.
10.
11.
12.
13.
::ODMAIMHODMA\N01 ;35950;11
4.
Alteration. Minor: Any change to an approved plan of any type that
involves the revision oflessthan 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 str~cture or 'device that is used for the purpose of
collecting or tr~nsmitting signals, images, sounds, or information of
any nature by wire, radio, visual, or electromagnetic waves, including
but not limited to directional oromni-directionalantenna, panels, and
microwave or satellite;dishes. The term does not include an amateur
radio station antennR
Architectural Plan: A pfan for the construction of any building or
structure designed by a qualified registered architect
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: The Carmel/Clay Board of Zoning Appeals.
BuildinQ: A structure having a roof supported by columns or walls, for
the shelter, support, enclosure or protection of persons or property,
and intended far human occupancy. When attached by a single-story
structure, each mulU-siory portion of a structure shall be considered
a separate building_ A parking plaza is not a building.
Buildinq or Structure. Front Line of: The line of the face'of the building
or structure nearest the South Section Une, not counting patios,
terraces, etc.
Building HeiQht: The vertical distance from the grade at the main
entrance to the top of the parapet that comprises the majority of the
perimeter of the building.
Buildinq or Structure SetlDack Line: (Sometimes called a Building
Une) The line nearest the, front of and across the Real Estate
establishing the minimum open space to be provided between the
front line of a building or structure and the South Section line.
20
26.
27.
28.
29.
::ODMA'MHODMA\N01 ;35950;11
may include only parcels that are contiguous and not separated by
the right~of-way of any highway .in the state highway system.
(Amended by Z-333)
Development Requirements: Development standards and any
requirements specified in this Ordinance which must be satisfied in
connection with the approval of a development plan.
Diameter at Breast Heiqht (DBH): Diameter of the trunk measured at
fifty-four (54) inches above grade.
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.
Dish: That part of the earth station shaped like a saucer or dish.
30.
Disn'-TYRe Receivinq 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.
31.
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.
32.
Fitness Center: An exercise facility provided as an amenity for, and
made available to, all occupants of the building(s).
33.
Floor Area Ratio (F.A.R.): The gross floor area of all stories of all
buildings within the Real Estate divided by the total horizontal area
within the Real Estate boundarie.s.
34.
Footcandle: A unit of illumination. It is equivalent to the illumination at
all points which are one (1) foot distant from a uniform source of one
(1) candlepower.
35.
Front Yard: The side of the Real Estate which is adjacent to the 96H\
Street right-of-way.
22
37.
38.
39.
40.
4L/
42.
43.
44.
45.
::OOMAIMI-tODMA\NOl ;35950:11
36.
Greenbelt: That portion of the front yard of the office area which is
immediately adjacent and parallel to the right-of-way of 96th Street or
Spring Mill Road and having a minimum depth of thirty (30) feet.
Greenbelt Buffer: That portion of the office area which abuts the
perimeter of the development and which is designed specifically to
provide a buffer and visual screen to adjacent residential land.
Gross Floor Area (Construction Are&. The floor area, excluding any
penthouse areas, as measured by the face of the exterior building
material.
HV AG: Heating,. ventilation and air conditioning equipment.
Landscaped GreenArea: An area which includes live plantings other
than grass. The size of plantilig at the time of installation shall not be
less than a minimum of eighteen (18) inches in width and height for
shrubs, a minimum offour (4) to five (5) feet in height for evergreen
conifer trees, and? minimum of six (6) to eight (8) feet in height for
shade trees.
LandsC8pinQ: 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.
Lot: A portion of the Real Estate intended as a unit for transfer of
ownership or development,
Lower Level Siqn: A sign located ona building facade below a height
of twenty-six (26) feet, measured froin grade level.
Office: A buHding or portion of a building wherein services are
performed inVOlving predominantly administrative, professional or
clerical operations, including but not limited to professional offices,
business or personal service offices, financial institution offices, sales
offices, real estate offices, and govemmental offices.
Office Area: That part of the Real Estate located less than 1285 feet
east of the West Section Line, as shown on Exhibit C_
23
46. outlot Area: That part of the Real Estate located more tha n 1285 feet .
east of the West Section Line, as shown on Exhibit C.
47. Parcel Coveraoe: 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
fencesc:lnd walls noLattached In any way to a roof, divided by the total
horizontal area within the Real Estate boundaries.
48. P arkinq 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.
49. parkina Space: An area having a rectangular area of not less than
one hundred eighty (180) square feet and a minimum width of nine (9)
feet exclusive of driveways, permanently reserved for the temporary
storage of one automobile. In parking structures, 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 the minimum
height of such space shall be seven (7) feet.
50. PhotocopvinQ and DuplicatinQ De'tices: A facility providing
reproduction, cuttiOQ, printing, binding, etc. of written materials,
drawings, labels, etc. for occupants of the building(s).
51. Plantinq Strip: A section of land not less than ten (10) feet in width
intended to contain plant materials and for the purpose of creating a
visual separation between uses or activities.
52. Pond: A body of water either occurring naturally or artificially created
and not fed by any watercourse.
53. Professional Office: An office of a member of a recognized profession
such as an architect, attorney, dentist, engineer, physician or
surgeon.
54. Receiver: A television set, radio, communication device or data input
device that utilizes the signals from the earth station.
55. 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
::ODMAIMHOOMA\N01;35950:11 24
~ _.__....-"------~
60.
61.
62.
63.
64.
65.
::ODMA'MHO[)MAINOl ;35960;11
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 (1) square feet or (2) sales.
56.
Restaurant. Drive-In or Drive-ThmuQh: Any restaurant designed to
permit or faGilitate the serving of food or beverages directly to, or
permitted to be consumed by, patrons in or on motor vehicles parking
or stopped on the prem ises.
57.
Restaurant. Fast Food: An e-stablishment whose principal business is
the sale of pre-prepared or raptdly prepared food directly to the
customer in aTeady-to~consume state for consumption either within
the restaurant buildihg.on~premise or off-prem ise.
58.
Riqht-of-Way: An area of landpermanently dedicated to provide light,
air and access.
59.
Setback: The least measured distancebetweena building Ofstructure
and the Section line, the side property line of the Real Estate or the
rear property lihe of the Real Estate.
Siqn: Any type of sign as .further defined and regulated by this
Ordinance arid the Sign Ordinance for Carmel-Clay Township,
Ordinance Z-196, as amended_
South Section Line: The South line of the Southwest Quarter of
Section 11, Township 1 T North, Range 3 East
StOry: That part. of any building comprised between the ~evel of one
finished floor ahd th~ level of the next higher: floor or, if there is no
higher finished floor, that paM 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 Qutsiqe the enclosure.
Upper Level SiQmA sign located. on a b,ui\ding facade above a height
of twenty-sIx (26) feet, measured fram grade level.
25
66. Use: The employment or occupation of a building, structure or land for
a person's service, benefit or enjoyment.
67. Vehicle Service Facility: An operation providing a service to
occupants of an adjacent building which involves the cleaning,
detailing, wiper blade replacement and bulb replacement for the
vehicles of the building occupants.
68. West Section Line: The West Line of the Southwest Quarter of
Section 11, Township 17 North, Range 3 East.
Section 7.2 Violations of Ordinance. All violations of this Ordinance shall be subject to.
Section 34.0 of the Cannel/Clay Zoning Ordinance.
(Signature Page Follows)
-- -- -.-------
;:ODMAIMHODMA\N01 ;35950;11
26
rh. PASSED by the Common Council of the City of Ca.rm~') Indiana. ,this
Ct lWliLi,( 1 ' 2001, by a vote of "=-- ayes and 0 nays.
(
COMMON COUNCIL FOR THE CITY OF CARMEL
r
rfl-,
.J day of
~~--
zonald E. Carter
A~~
Diana L. Cordray, lAMe, Cler reasurer
~~'t,d by me,t~o~. Mayor of the City of Carmei, Indiana, on the :s day ot
eall
N.L Rundle
::OOMAIMHODMA\N01 ;35950;11
27
CERTIFICA TION OF CARMEL/CLAY
PLAN COMMISSION'S
RECOMMENDATION ON
PETITION FOR
PARKWOOD CROSSING WEST PUD
TO CHANGE THE OFFICIAL
ZONING MAP FOR THE CITY OF
CARMEL AND CLAY TOWNSHIP
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. 23_5~
To: The Hmlorable Common Council
of the City of Cannel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you tbe following report on the
application of Par:kwood Crossing West PUD, copy attached, petitioning the
Commission to rezone the following real estate located in Hamilton County,
Indiana, commonly described as follows:
TheVaiinetproperty at the South West Corner of 1-465 and U.S. Highway
31, being the North West Comer of 96th Street and U.S. Highway 31 (to Spring Mill
Road,)
from B-5/Business and S-2/Residence Districts to a PUDlPlanoed Unit Development
District.
The CarmeVClay Plan Commission's recommendation on the petition of the
applicant is "FAVORABLE."
At its regularly scheduled meeting of December 19,2000, the Carmel/Clay Plan
Commission approved tbe requested Rezone by a vote of 11 in favor 3 opposed
(Madeline Fitzgerald, Pat Rice, Nick Kestner) and none abstaining.
In connection with this proposal, the Plan Commission also recommends:
1) That tbe Council consider further the adequacy of the Petitioner's
Commitments to dedicate rigbt.of-way for roadway improvements needed for this
project, in connection with any deliberations on the proposed Tax Increment
Financing of tbose improvements;
2) That the Council endeavor to arrange for all necessary roadway
improvements to be accomplished concurrently with construction, or before fmal
occupancy of the proposed office buildings, to assure tbat there is an orderly flow of
traffic through the atTe.ctedintersections after tenants have occupied the buildings;
3) That the Council review all roadway improvements with the Indiana
Department of Transportationalld the Metropolitan Planning Organization, and
4) That negotiations should begin immediately to obtain any additional right-
ofOway that may be needed for U.s. Highway 31 improvements as they pertain to
this project.
1;;ST:~ ~
' ~;'~. ;1'~ - ,
. . mona B DCOCk, Secretary
CA~<;'LA~ PLAN. .COMM.ISSIO~
JJy:Ufift2~~~
David A. Cremeans! resident
RECEIVED
DATED: December 21, 2000
I'.
" . CATRRM,El CLERt(
.I;;,MoSUREEt
A LAND BOUNDARy DESCRIPTION OF THE
SO'(;)rHwEST P..ARctL.,
'A PORTION or THE SOUTHWCST 'QUARTER OF'
SeCTION 'h', IOWNSHIP j.7' t:iORTri"RA'NGC 3, E~ST
. HAMILTON 'COUNTY. U'tDlANA .
N.oYEM8ER 1,5., 1998
A~'ENOED DECEM8ER f.2~ 19'38
A. p'od or t1~(: Sou th:w~~t Ouarter ,of Secti,on n. r,?;Nf15hi~ ,17, North, Range. ~ E~st,~ ,HQm,il,\on County. Indian.a,. de:sC:~il?~d: (]~J :(ollows:
EEGINN!NG ot, tlie' southw,es,t .;:orner9j s,oldquoder sectlC\n": th~nce Nor.th 00 degrees 19 mlnu\es.;36second~ East 3Q:!.:67 (eet.
clS'n~ the wt'st line 01 soid qu~(leJ }~_.:,n:l1): !h~nce Saut~, ~9 deg~e.e.s, 4Q,min)~l!!s24 $~conrjs E:9.st. 24,~1 feel to. the" f!'3SI"rr\
i'ight-'o(;-:woy line oT SprirlqMjllRooq; thence N9rth Q~ .de9r.ees 41 rYlH"\L!Jes ,.16 s-~-=onds': East, .703.08' feel alory~ SaId ecstem
r;qht-ij(~wo>' 'llrte lv -th~' 5o',ilhecn. 'Iiniil.:lc"ces's r!~~ t-or-w~y linC' for Jhe' 1-465 'onoU:S, '31 inlerchange: th erj,<;t> qftlng soid
sOIJ~he'rri ri9~t-'ot'--~ay Ii:~(>the IQlIOwl"~ ten (1'0) c,C!-!,f::i"!!) (l"{NOdli 32 degrees'S8 minutes 115ec:ond$. ~iJst?J.$'feel; (2) "Nodh
e9 de.gr...o:.Js: 28 min ul_(!~,:~.7 '~i:-<:'o!1dsEo~1 ?75, 09 r~e\: 'P) .~o\J lh 8" de'grees, 59 r'1'1!OU ~'es- 12 secon.j~, Eos l 202'24 fee t; (4.) Sou t I'\'
32' .de9r....~s ,4~ m!nute-s "~;'.secC'lids '~QM '283~4g< f~el;' C~:) Sciulli fi8 o~gr:~es _4.? minuJ~s' 53 'si!cono's EOSl17-~;!7 [~et; (6) Sout~,
67 deg/~e5 '27 r(linules QQ, s(>thndsEosl )7'~~.73 ',eel; ,(-;7), South AIl de9.rli~~~g-, minut~'i'o\,8 secolldsEosl,' 1,96...5:; [eel;? (8) Soytli,
50 degr~",s 4~ mi~,u.,(t;S ,29 se.:~nds E(Js~ ':P?;20 '.'-:~t:. (9) 5,~ut[l ~2 'd~grees 40' mi0ule??3sec;S'n~.~ 'i~qsl33C~,6 i feel: (10)
the0,C~ South 1(\ degrees 24 mjnut.~.s 2~' sec9nds E-9.sl: ??'.I-,,5,9 fgel to, lMe en~ of, th,{! Ilfti!ted 'qcce~s r,:,ghho/-,wg.y qnd th~.
.'N~sl~(", fight~Qf"""wdY'line'o( IJ's. 31: th~nce. 'S.oW:!!i 00 d.e.grel)~ OS', mi,n~..l~s,OO sec~{\ds' W~st.16.?<l5 feet .olonq ?i:oid wesle!l'i,
~igh(...oh.,..,oy (ir.e: .lh~n~..e' Souti:t: A3"degrees ..39' rninyte:~ 10 seq'or1ds We'st. 4-?~~4, f~Bt. oiO.o?:lOid. ~esl.er~...[iqh.~""of-wcy Ene; (h~nct;.
SQutl1 00 \degrr.es, 35 mlnllt~".i 51 se,<:.:>nds Eosl' 43.68 !~.et to the :>.outh .llne of sCl,ld q""of.l!'r set:bor.;th~nce South 89 -deg'rer.-s: 24-
m;n~t~.s '09 $~co'i1t;Js. 'Westel:S78,O,9. (~el oloi"'g EiOid' 'south lin.. I? l[ie' point of be~'nr1in9 !;lnd ~.?r:toi~'f1g 3:.6,'J7J ocre~.~.orr;:: .or
i~~s, Tt,~ b~.or'i.n_gs' inthi.s rll!s(dp-lio(1 .o~~. boSed UpOI\ tn'c' Indi6no Slate- Plene Coordincil::- Syster:n(Crii;! Ni)(!h),
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KEY MAP'
sw 1/4. SEciloN 11
NOT TO SCALE
Exhibit B
"i2119i2ooa
FINAL
COMMtTMENTS CONCERNING THE DEVELOPMENT
AND.USE OF REAL ESTATE
In accordance with Ihdiana GodeSection 36-7-4-615, NRC Corp. (hereafter the
"0wner"), the owner of theJollowing describeq Real Estate located in Hamilton, County,
Indiana (hereafter the "Real Estate") '!lakes the following COMMITMENTS ,conoerning the
use and development of the Real Estate to'the Carmel/Clay Plan Commission (hereafter
"Comm ission").
1. Description of Real Estate:
See ExhibitA ("Real Estate") (Parkwood Crossing West PUD)
2. Docket No: 154-00-Z
3. Statement of Commitments: Owner makes the following commitments
relating to the Real Estate:
a. Billboards (a/k/a advertising signs for off-premises?dvertising) or
freeslandingelevated signs (a.k.a tall signs or.interstate orientedpole
signs) for business identification will not be permitted on the Real
Estate.' This does not exclUl:le I~a.sing sighS or other identification
signs permitted by the PUD Ordinance.
p. Parkwood Crossing We~t center identification and real estate
(leasing) signs (excluding wall signs) .for the "Office Areal> of the
development'shalrbe similar to and of a similar d~sign as those ih th.e
existing Parkwood Crossing office development located east of
Meridian Street.fn addition, an interstate monument sign identifying
Parkwood Grossing West shall be permitted whiCh may be a
maximum of35 feet tall, 15 feet wide 'and 10 feet deep.
c, Owner will use its best efforts to cause the' power lines adjacent to the
Real Estatealbng 96th Street and Spring Mill Road to be placed
underground.
::OOMA\MtlODMAINO1 ;3596'2;5
d.
::ODMAIMHODMA\N01 ;35962;5
Subject tathe approval oftheapprapriate government agercies, the
right-at-way described below needed for any widening of 96th Street
to allow for the road improvements suggested in the report of A & F
Engineering dated September, 2000 and submitted as part of the
petition for rezo'ning of the Real Estate (other than the additionql right-
of-way needed beyond the limits ofthe Real Estate at the intersection
of 96th and Spring Mill Road and the intersection of 96th and Meridian
Street) will be taken from the subject Real Estate and any
improvements'madeto 96th Street (as suggested by the A & FReport)
shall be made-within the existing paving area or.north of the. existing
paving. (Note: Apparent existing right-of~way on this section of West
96th Street equals 33.feet. Additional right-of-way required off the
north side of West 96th' Street equals STfeet Total new right-of.way
width on this section of West 96th Street will equal 90 feet).
Arrangements shall be made for providing this additional right-of-way
if and at such time as development of the Real Estate commences or
shortly thereafter. Ownerwill use its best efforts to cause an opticom
system to be installed with any traffic signals which are installed as a
result of the development of the ,Real Estate.
e.
Access to the Real Estate will b~ limited to '(1} a right-in/right-out
access located east"of Illinois Street to serve the "Outlot Area" J (2) a
full access between Illinois Street and Kenwood Avenue, and (3) a full
access approximately 430 feet west of Kenwood Avenue. Access to
the ReaJ Estate from Spring Mill Road will not be permitted, unless
otherwise specifically approved: bY the Commission due to a change
in circumstances regarding Spring Mill Road.
f.
Drainage and sanitary sewers and the proposed drainage system,
inclu'ding retention pond(s) and storm sewers, and the sanitary sewer
lines will be designed and approved by the applicable regulating
agE;lncies so as tonot adversely impact the Williams Creek flood plain,
or the existing or future'adjacent residential development, or existing
or future sanitary .sewer connections in Marion County.
g.
Any office buildings .constructed onihe Real Estate will include a fire
suppression system.
h.
Ownercommifs.to architecturally treat the south and west facades of
any pa"rking plaza that has unrestricleq sight lines to the existing
neighborhood to the south or to the future neighborhood to be
2
constructed to t~e'~wer~t sych thaJ '~.heappear~rice'df.. the parking
plaza, as,viewed from lhehomes'or,(tre soLith'side 'of 961h Street-,and
frt;>m any homes~Which may beconstruded on .thewest~ide,c{Spring
Mill ~9a.d will tJe ae~Jhetjcally improved from'lhatof the staodard
parking plaz€l fa~de:
r. OWn'er,comniits.that any parking areashaH,be a rn.irjirrrum:of103.5
feet from th~ SoLith Line S\N1/4 Sec. 1',1, T 17N, R 3.E'(the'''Sol'.lt/J
Se;c~ion tihe~). (Only' appUcqble to, the west 1285 feeLof the Real
Esta,t(t), "
'j. The process to cOflstructthe: improvements .to 961h $treefand the:
irriprovemerrts to th,e: intersection- of. 96th Street a!')d MerE:lian
(collectiv'el{ "1m pro,vfimehts"), as suggested. in the .A&F''Engi neerin g
report, wilLp,e .QommeQc~d ,soriLemp6fal1~ously With the ~tart,'ofthe
dev:elQpmerit of the, Real Estate aGdwiH .be d,ingently p'ufsUed to
com'j:lle~ion.
k: O':"r:J.er cO[11m'itsJh.aJ~De.Re,al E?tatesh all..b~ 9~~~lopecUR compliance
with the, Conc~ptua!Site Develqjme.nt P-l~na.ttClche.d, $s'Exhibit C;
subje~t to such ame,ndinen1s' and' mOd'ificatior)s" theWetb ~sare
approv.ed _py t_he..,Comrriission ,or the Carmel/Clay Board. of Zoning
Appeal~,
4, Bindinq,an Successors andAssign:s:: These,€am_T ~!m,ents ate:J:1if'di~,g
00 toe Ov.iC1er onh~,g~.alEst<;it$'and eClGh,6ther'per.soo aGquiring an'interestin.the
the ,Real Estat,e; unlessfllqdifjed or t~rmiqatedby the ,C6mm,ission. Tt;}ese,
Commltments'may'be modified or letmlnatectonl~tby a:deCisi6q'.pfttleCqmt:n.issiQfI
made ata:puolbbearing after ootice, as' provkied'by th'enlfes ofJtfe Commission
or as Qtheruis'e'prov'ded :py iC'36,.7"-4-61-5. .
5,-Effective. Date: The.Com m itments:,contained'herein sha II 'be'effeClive
- '..... -. . . .J-~ . ~, .' Q _ . ; -. ...
upO'n the'acioption 'otan.ordinance ,!?y theCarniel City Council ch:angihg i~e,zoiiing
classification 'of the'Real Estate described on~:Exhibit A from the S~2 Residence
.-r ~ h.w ,.. . .
District 8pd HieB-5 B\J~jfH?Ss.Bistr:'cno th~ Pl..ahnedUriiLDevelCipment.,
6, Recordir:\Q;' Tbe undersigned hereby authoriz~s~, lh'e 'Ojredo~ oh~e'
pep~r1me'Mt of Community Se-rv'ice~,qr'lhe Secr;etary of the Carmel/Clay Plan
Comm issiorl, to r.ecord these'icom mitmenls irHhe:office of the "Recorder QfHami1~6n
County~ Indiana upon a'doptibn ofthe'ordin~nce referted to:in~paf;agraph 5 ab~-~'~.
. ::ODMA'MHODMAI"'01;35962;5
3
\
7. Enforcement: These cO!11niitmerW~ may ,t?EleriforceQ by the
Carmel/Clay'Plan C.omm issionand the owners of all parcet,sb1grOuhd adjoining the
Rt;!at Estate whq' we re,'e"iititled,to..r43ceive personal notice o(the r9zonir)g' un::Jer tlle
rules ihfqrc$ aft he. tir:ne the c;:bni'mitmet)t w$s'ij1ade.
.' '
.&~. WITNESS: WHE R EOF, Owner hasexecule~ ItljsihstrtjrnehUnis A~-fj(., <;IllY 'of
,I {;~ \I, D\1~ J\.j ,,2000;
. -
NRC GQR,p...,a'n .lndianacOrporatio"n
,BY:. k~. z::tI~"
s t:e.ph~h L. Valinet, P-Feslaerit
STATE:OF 'ND\ANA )
) S$'::
COUNyY OF MJ\RION: )
Tbe_ undersigneC!"a Nofary Public.inaf;ld Jor said counfy and Stale, acknow!~qged
the exetuU9n oUDe fore<~j'ojng c6mQ1 itf'hepts 'bySLephel7i L \f.aUnet., the Pr:esident of NRC
Corp.
VVlTNESSETH:this. ~~ day ofOecernber,. 2000;.
~~' .;,
. i\"" . .
,'"".1.: '. ,...{.tW",
Mb)W A.. sf ~c .~y., Notary-PO: ie
My .Gom~".s~,ion F~pires: 1~. ~1.?-200~i.
My'Countyof ReSidence; H?mLlton (
. ::OOMi>.\~ilHOt:lMAlNOl i3596i;~
A
A loAN/)' BOUNDAR)' DESCRINION0F' THE
SOIJTHWESTP ARCEL
A P.ORTlON, OJ" THE :SOUTI-lwEST QUARTER of:
SECTION II, TQWNSHIP .17 NOR}H, RANGE 3 EAS r
HAM~L-TON COUNTY, INDIANA
NOVEMBER '.16,. 1998 .
AME~bEo. DECEMBER '22~1995
A: pqrliJi" the ,Southwest 'Oy.or'tO!r "or See lion 11., Town s,brp ,1'7 ':,...,o,-tl";f 'Rorige ;J"Eo.~t. Homi.fi 011 Colin ty, ,lo,diQ'1.o,. ,d.e.seribed'os 'rolf !)Ws;
8~Gr~N!.~C Q I ,the sowthwes.~'COrl}"e(' of s!:]id ,quarter ,S~,C (ion,; thence Nor~th' QO ..de9r.~~s ;19 minules, 36 se~9~:Cl~ ,Eos,l 303.67 {eel
~lal'l9tt'oe ~~.~st, line,o} S?id q~Gr:t~rsecli~n: :lh~l'lce, Sculh .'~9 ;ie9rees,. 40"mi,'uce5 2~ ~ecOl"ld: Sail ~4..3.1 fe~X to, the e05,tein
r.ight:-of:-\,!?y; II~e. ~1 ~prlng Mill Ro~d:. t~~N~ ,No.rlh 05 df.gree,~ 41, mr~,\J leS',1.6 '5ei.:Ond~ [csl }oJ,.pa foel 01011,9 ,so.ldeostr:.r,.,
right-':If:-'WQY line ~~Jhe. sou,thern, 14mlt' occ~ssr::l<ghl-or-wo)', 1m€' for l~,e 1.-465on'cf U.S. Jl.l~\~rc~anqe: Ihel1cl! or~,,~ 's<;lld
southern 'dght:-of-wo>, Ij,,,'~ Ihe followrr'l'9ten (yO) COLl"'S~,~' (1-) N.orth -32. .~egr.'\es 56 :rniriut'es' 1'1 secol'1d~ E0517.3,51 feef~ (2)N'orlh
,8.9 degr~~,S ,2,~ m~nute5"~7 '5e~onQS (()s!2:'15,OO, feel,: (J)South 81 <l~.gr;e,es'5grT1in1.Jl~s 12; s_e.cohds~~osi".202.24 fe~:t; (1) South
'82 d~g"-ees ,!:S ".,}nu~(\s 53 seC(ln"ds Eo~l 2~J.40, {eel:' (:~) S~utt:'o ~B~e,gr~es 42 mtnl.J!es 53 sec(lnrjs <~os! 1:75.'7.7 feet; (f?) South
.5' i;fe9"~,es 27 minut.u ()O sec:ond:'iE~'F1 17't'f.~ rii!e~; <n S'out,h 48. 9.egrees 20min":"le'~ 4? ~eco~d's, ,Ecst '96.55 fe~t:(~~'~?O:Jth
50 deQ'ro:t's 45 minut~,s 20 :se.:::onds E'osl.' P,2;, 2Q"(~et: Un. SOU Ih.82 deqfe'e~~, 4.0 ir.inu le~ JJ. 5,eeo.n~sEos \. ..3:30,61 t~et: (IQ)
lhel),c,~ S:,ulli' '10,. Ijeq[ef,l~, ,24 .min.,yte;5 29 seconds Ecsl 2?5.;5.9 (ee,\ 10 It(e ..en.;! oL thd, limi.led access ri9MI-:O!;';'woyond,t.!'le,
W~S tiirl1' righ 1- or:..w,OY line- of .U. S. J1: lh~nc e ~outh ()O 'degrees .05, mr0u:les: _ 00 seconds W.es.t '162"..+6 feelQlon9 said 'w(>ste-rro
riglH"':~,f.":'way lirle;ih~nce ,Soulh 43 'degr:,ee~ 39rnil1u'te~' 10: seco'nd~ Wesl 42:3,4 feet olong s,qld"weslern rJqli't-:-or"::w.oy"lin.e; ihefic:e
Sou t~ oq d.e9'r~e5,3~', 'rTiin~1 ~es ~'se~0"'ds fast 9,:~?r~i;'I)o Hill, so'wln. li"e of s?id~..q"Qrtef s.e.r;ti~n;_ :the!'1ce.~outh 69'.degrees ~4'
",in v!:i! '?' O~s~,cor"".fs West I!B7e.?9:.r~ei. O,lonq SOld :sOl!th llr1.~ ':to .~~epoJ/'1lcf'begJf'I~!r;lg on,4 ,C(l~t<lm.n.g J6':.3~u. Ofr,es, rnO'r/;',.oi"
1t.~5; T:h~ !>,,:oringS'in lhls rjeS~ription-or~ boseq,u.pon the. Indiana S19~e pr"l'\~9QQrdin!:lt~ Syst~m (GfidNodh)
KEY MAP
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PEnUON TO, CHANGE ll1E. OFF!CIALZON1NG,MAP ;t~~~';>":">'
OfIDr=reQRA~D By'REFERENeEi'mQ THECARMEL!CLAY f~~IN;~
(REZE)N~'APPUQAllON) li~' . v/t.:<k'if)
I\Cj': boc; ~iJ~ ,
.:$500 plus $25.00, ~er acre' . ~~ .' ,.;.:'.,!
, '.."~~~:rr55Yy'
Date:'
Aug1,l s't,~.8'. 2090
Docket --N 0:::
N_ameof.ow!1er:~~c Co1:p RhQ.ne,Ncuf) 3'17 ~ 574-3:70.0.
,c/o P,~.ilip A. Nit:e.ly I Es,q',
AdDress of Owner::~ose McKinney '& Evans LLP
.~oo E ~.Sl'6'Sh,!?tp;::et >. '~u.ite, 1) 00
Indianapplfs, IN 46'240
Recar:::l o"f O'#nerstiip: Deed Boi;lk~: *, . Pag~:
.f: .See Su.rvey
Leg:aiDescrlp'tion '(Use 'additional P8se[$1 ifnecessary):
:*
Putctia~e Dat.e.:~
'(See. a ttach"eoC! clesc'Hut"ion .')
~.'
/
Common.Addressof Property lrivolv~~d (br~G~neraj Descrip'tion if ho Addr$ss EXists):
The. Va.1J:ne.t proper,ty at t1i.~; SWC.bf 1-4;6:5 an"d., :U .:8. H-ighwav 31.. being the 'NWC
9f 96th, street: an.d U:;S . High.way '31 (tg. S'p.x;i.l)g .l;f,t~l ,R9'~d) .
Proposed Zoni,ng ,Cbarjge:, From. the S2&BS. District40 the plLll.....Dlst'rict,.for.-the property
shown. outlined in red on -the map atliacnep"h'ereld, WHich rSTri"ad~,a p~rf of'thi.spe~iJ!qrt"
. St'a:te,meQt ,of cO[T}piiance with. the, Car.melZ0lay '8amprehensive' Plan
( use' a d di ti c n ,8' I pas es ,i 'f [l' e' C e,'s s a r y ) ..'
'TqEJ' 'P;9pO);leq rezoning is.c.unsi;;t.en't ,:!!"~t.Ii. .the racommencl.aiiollsof th~ '
Compreliens.ive' .Plan ~et}dment l<noW:n ~-s thli= 1997U _ S,_. '3 L Corridor 'Plan..
,an :a.rneudl\lant t.o .the .20'20 Vi:s'ic:m Pt?n ,Cl9W:l)"
Revised ~t0/4/95
s;\forms\rezbne;a pp
'r .
, : ~
"
P.J:=FIDAVIT
, ,(lor ,We),. ,beIng duly :swornidepose ana,say,'that (! or We) (am or !3re) th~ (9w~ber or
owners)' 'o:t.:Flfty 'Per.G,eht {500/n) ,or.,morcEl 'Of .thet,praperty involved .in- this applicalion",and
th~t ~he for_~going sjgna~~'~es, statt?m~Qt~,andanswer5herein corltain'ed an"d the
information herewith submitted 'are in:all respects true and 'c9rreqp,ot~e. bes,l 9f (my OJ
our) knowledge and belief. , '
. me Corp
Namecf.o Ph)li~ A. Nicely
Bose.':McKinney &, Evac.sLLP
Address 600 E .'99~h ,S'tree:t:~ #500
Ind!.ln~polisni 46,2'[10
City, State
Name
,~dWes.q
City,
State
,/
--./......-
iOGO
Date
St~t~ af [,Qdian9
) 55:
)
-)
County of '1'Ifl.\ili'lton
Before.me the'underslgned"a No"tary PUblic for Ma~i'on'
(officer's .count'y of resi:::!enc~)
County, State ,of Indiana, personallY appeared Phili.p A.ijic.eJY 'and
, . "{n'9me; of per'san}
acknowledged'the execution af the~foregoing instrument'this
lBth
day of
. , .:m 2ope',
MY camrn.issione~p.tE~s; 10...14-2000
s:\fbrms\rezone.app
1'0/95
~.'
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.
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J
ZONIN~G: CHANGE A.NAL YSIS
D,uke-W~eks RealtY Limited Partll"ership hasfil~d a re2.o.ne appl,ication
for th~: southwesfquadra'nt of 1-4,65 and U.S. Highw'ay .31 to the PU$'District
clas'sificatibn. Of'.the ,36+ acres 5ubJe.ctto this petitionJ 7.~5+'acres'(of 20+070')
are.currently -zoned 85. The, balance otthe Real Estate is ~urren~ly zPl1ed:32.
The"offi ce a nqresta,u rant. de-v~J.opm ~ntpropos~~ ,fbrJn~,s~ou thw~st,q u agra ht
wlll.'be'-a .P?rkwopd.G(qssihg type, or bet.teT, qp~litt deve!ORnien~.,
The,D~veIQ,pmen:t.Plan ana Str_~t~gi'es U.S'. tHshwaYCcitridor, a'special
are:a study ~merfdhlent "to th:e 19.,96 Ca'rmel/Clay TOWnship Comprehensive
Plan (tn~:~l:Plan!~J, rroposes'thal'the'sotithwesfq'uad'rant be developed with "3
p l~rined:Office deveibpm en't,exce:ptthat-the .east60,O, feel co I,JtcJ, pe"d eve loped
, ~ - '. ,...,. "
with commercia!!retail!5ervice~u$es. Duke.:Weeks Re~Hty.Llmited Paltnershjp's
-r~zane ~ppitcatipn is cOfl~!stenfwit~ th.e,CO,mprehensiv.e tlr9'n P.rbpos,al~ fQt
the: ReaIE~tatEr.
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