Loading...
HomeMy WebLinkAboutZ-359 PUD Ordinance "-,,""- ORDINANCE NO. Z-359 (154-00-Z) PARKWOOD CROSSING WEST PLANNED UNIT DEVELOPMENT DISTRICT ThiS Instrument Prepared by: Philip A. Nicely, Esq. Bose McKinney & Evans LLP 600 E. 96t~ Street, Suite 500 Indianapolis, IN 46240 317-574-3700 ::0 DMA\MHODMA\NO 1 ;35950;11 Draft: 8/18/2000 Revised: 9/18/2000 10/1712000 10/2512000 11/2012000 1112212000 12/0512000 12/0812000 12/1312000 12/1912000 1/0912001 Sponsor: Kevin Kirby " Ordinance No. ZR359 ( 154-00-2) AN ORDINANCE ESTABLISHING THE PARKWOOD CROSSING WEST Planned Unit Development District WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordancewith the requirements of Ie 936-7-4-1500 ef seq.; and WHEREAS, the Carmel Plan Commission (the "CommissIon") has given a favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes the Parkwood Crosstng 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 Ie 936-7-4-1500 et seq. I 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 Estate"), as a Planned Unit Development District to be known as Parkwood Crossing West. Section 1_2 Development in the Planned Unit Development District shall be governed entirely by (i) the provisions of this Ordinance, (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced inthis Ordinance, and (Hi) 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 requires. ;:ODMAIMHODMA\NOl ;35950; 11 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 Accessorv Uses and Structures. Accessory uses and structures, subordinate, appropriate and incidental to the above-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: CafeterialDeli/Coffee Shop Photocopying and Duplicating Services The following accessory supportive service uses shall be permitted within the building(s) Dr 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 Parkinq 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; ::ODMA\/vlHOOMAlNOl ;35950;11 2 2. It shall not be visible from the perimeter ofthe 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 permitted and shall be screened with suitable walls orfencihg 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 Crossing 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 OPfor the Real Estate as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. Section 3.2 Maximum Buildinq Height. All uses, seventy-nine (79) feet; provided, however, no building shall exceed a height of five (5) stories and no penthouse or other appurtenance shall exceed a height of twenty-one (21) feet above the building parapet. Section 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 Buildina Heiqht. 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 CoveraQe. 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. ::ODMAIMHODMAIN01 ;359S0;11 3 Section 3.6 Architectural Design Requirements. ~. A Scale and proportion: 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 bui lding 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. D. Roof design: Sloped roofs shall be a maximum 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 s'pecifications. 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. Loadinq' Berths. No loading or unloading berth or bay shall be visible from any adjacent residential 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 biJilding(s) with which it is associated. 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. . ----- Section ~t Minimum Building and Earkino Plaza Setbacks. Ttle-mjnimum building and parking plaza-. setbacks shall be-'as follows: (a) 115 feet from the -west~ection Line, "'--,~ .............~ 4 ::ODMAIMHOO!\''IA\NO 1 ;35950; t 1 (b) 20 feet from the proposed INDDT 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. . / ~AII buildings shall have a minimum "llifteen thousand ()'{ 000) square feet of grass floor area, excluding the floor area of any accessory structure(s). / B. AGfessory structures permitted need not meet t~ minimum floor area reqwiremenl. . / Section 4.3 MaXim~,Densitv. Maximum gross floor area for all buildings and connecting links upon the Real Esta~e (net of all proposed rights-Of-W'y) shall be 591,300 square feet (a maximum of 8,000 sq'ware feet for a dayoare ce9t6r; 5,000 squ~re feet for a fit~ess center; and, 5,000 squar~\!eet for a conference center may be Included); provided, however, if INDOT takes les$\than 8.5 acres of th~Real Estate tor right-at-way purposes, the permitted grass floor area\f!?r the b. uildings/ may be increased at the rate of 6. ,930 ..., 7' square feet for each acre of Reel Estate flot taken by INDDI. The amount of the anticipated INDOT taking shall be ba~~ upon the most current letter from the Commissioner of INDOT which make~aetermination as to the acreage of the proposed taking. Section 4.4 Landscaping Requir.ements. / A. Landscape Plar: A Landscape Plan s~all be submitted .to the Commission for its a pprQ\!a I at the same time other plans (i.e., architectural design, lighting, parking andsignage) are submitted. The Landscape Plan (1} shall be drawn ~o scale, including dimensions and'di~tances; (2) shall delineate all existing ~hd proposed buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways, ground and'iTtonument signs, lighting standcrrds, steps or other similar structures; (3) shalrd,elineate the location, sizeknd description of all proposed landscape materlal,and the irrigation system for all planting areas; and, (4) shall delineate thelt9fation, size and g;{scriPtion of all existing trees 9" DBH or larger which are loca\ed within any /?reenbelt or Planting Strip re.quired in Se~tion 4.4.8.. Landsca~e treatment for plazas, roads, paths, servIce and parking areas shall be des~gned as an integral and coordinated part of the landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. Greenbelt: ::ODMA\MHODMA\N01 ;35950;11 5 The greenbelt areas shall be unoccupied except for plant " material, steps, walks, terraces, bike paths, driveways, lighting " "", standards, signs and other similar structures (excluding "" parking). \, Plantin~StriP: \ // There\shall be landscaped planting areas located adjacent to the INDQT right-at-way which shall be a rpihimum of ten (10) feet in width and landscaped pursuant to'Section 4.4. C hereof. ~ ,/ These lands2aped areas shall be yr:r:CCUPied except for plant material, steps, 'W~lkS, terraces,)jike paths, driveways, lighting standards, signs, 'and oth~r/ similar structures (excludfng parking). /' I Plantin!=l Adjacent to BuildinQs: I A planting area eq~1 to an ~rea measuring ten (10) feet in depth shall be installed on all sides of the building(s}. Ii ~ Outdoor terra/es, sidewalks and diveways may be permitted in these are~. If an outd,Lr terracej sidewalk or drivew cuts into a planting area, tt;.~ displaced area shall be an additl the bui'lding perimeter planting. The~ additional adjacent planting areas n d not be repiangular in shape as long as the required amoun 'of space is; landscaped. These additional adjacent planting areas may ~but an outdoor terrace area. " . ''-. '" "~ b. '-.. 2. 3. 4. ::ODMAIMHODMA\N01 ;35950;11 a. A greenbelt shall be provided adj~cent to the 96lh Street and Spring Mill Road rights-ot-way and shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 4.4.C. a. b. a~ b. c. d. Planting 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 not less than eighteen (18) trees per acre ot parking. (See Section 4.4.C.1 for minimum planting area requirements.) 6 5. Total LandscaoingRequired: Inclusive of the greenbelts, the planting strips, the planting adjacent to the building(s), outdoor terrace areas and the planting within surface parking lots, a minimum of fifteen percent (15%) of the Office Area, minus any INDOT taki g, shall be landscaped. C. Landscapinq Standards. :ODMA'MHODMAIN01 ;35950;11 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: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs {only): 5 feet wide 2. Greenbelt. The greenbelt area~. as deSig. nated in se. ction 4.4. B.1., shall include a six to eight (6J>) foot undulating earthen berm on which will be placed eigh~to ten (8-10) foot tall conifers similar to those placed along 96th Set east of U.S. 31 and in front of the existing Parkwaod eros; ng. The berm. landscaping shall include deciduous trees, With cyninimLim trunk of 2-3 inches at six (6) inches above ground line,int;rspersed among the conifer trees, as shown on Exhibit C. Such berm shall extend north along Spring Mill Road a distance of approxirhately five hundred (500) feet north of the South ., Section Line. A ~idewalk shall be installed along the 96th Street frontage south oVthe berm and along Spring Mill Road frontage west of the berm to;a point approximately 500 feet north of the South Section Line( Construction of the berm shall commence contemporaMeouslY with the initial site development for the Real / Estate ancl will be finished contemporaneously with or prior to cornpleti ,hof the first building. 3. Planti I Stri . The primary landscaping materials used in the planting st~riP 6reas and adjacent to buildings shall be shade tre.es, o. rna.ment~1 tre s, shrubs, ground cover, grasses and flowers. A base planting unit o one hundred (100) linear feet will be designated for the planting strip areas which 'includes: 7 . . 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 accorda e with any landscaping plan shall meet the follbwing specificatio s: a. Shade Trees: A minimum trunk diameter of inches at six (6) inches above the ground line, a minimu height of eight (8) feet, and a branching height of not less t an '/3 nor more than % of tree height b. Ornamental Trees: A minimum truil diameter of 1.75 inches at six (6) inches above the groun line, a minimum height of six (6) feet, and a branching heig of not less than % nor more than Y:z of tree height. c. Evergreen Trees: A minimurhe;ght of eight (8) feet. Deciduous Shrubs: A m'~jmum height of twenty-four (24) inches, with no less tha six (6) main branches upon planting. d. e. Evergreen Shrubs: A inimum height and spread of twenty- fbur (24) inches. D. Landsca in ::ODMA\MHODMAIN01 ;35950;11 1. 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 owner 5 II post a bond for an amount equal to the total cost of the required la dscaping prior tathe issuance of the final Certificate of Occupancy. 2. Maintenanc _ It shall be the responsibility' of the owners and their agents t~i sure proper maintenance of project landscaping and retention ,onds approved in accordance with the development requirem ts specified forthis Ordinance. This is to include, but is not limited t l irrigation and mulching of planting areas, replacing dead, diseasEja or overgrown plantings with identical varieties or a suitable substitl!lte, and keeping the area free of refuse, debris, rank veget~ion and weeds. 8 3. Chanqes After ApprovaL No landscaping which has been approved by the Commiss'ion may later be subsfantiallyaltered, 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. 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. A. Section 4.5 ParkinQ Requirements. Section 4.6 Efforts to break up large expanses of p em ent are to be encouraged by the interspersing of appropriate planting reas. B. Direct, articulated pedestrian acc 55 shall be provided from the street to the primary entrance of the buildin (5). c. The minimum nurn ber of ping spaces required shall be three and one-half (3%) spaces for each on thousand (1,000) square feet of gross floor area. D. There shall be an ap:ropriate number of parking spaces, accessible to the building{s) and id~tified as reserved for use by handicapped individuals, and these SP87 shall meet State requirements. Above-gradel'tructured parking facilities shall have on all sides architectural features thSlt are compatible with the building(s) with which they are associated! Li htin' ~ uirements. E. A. A Ite lighting plan shall be submitted along with the information on chitectural design, landscaping, parking, signage, and lighting ("AOLS") approval petition. The site lighting plan shall include the layout, spread and intensity of all site llghting, including: 1 " 2. 3. 4. 5. Parking lot and servicelstorage area li'ghting; ArChitectural display lighting; Security lighting; Lighting of pedestrian ways; and Landscape lighting. ;;ODMAIMHODMAINO, ;35950;11 9 The height of light standards shall not exceed twenty-eight ) feet from the top of the fixture to the top of the pole base. Except, how ver, the height of light standards on the top of any parking plaza shall not ceed twenty-three (23) feet from the top at the fixture to the top O~lhe p e 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 :vvhic~ di~ect. s light ~ownward. Any parking I~... lighting or .building lighting IllumInation emanating from the Real Estate;,eyelopment shaH not exceed 0.1 foolcandle at the north r;9ht-of-waY7ine. f West 96th Street and the east right-ot-way line of Spring Mill Road. Section 4.7 Siqns. Signs far accessory uses, ,P,ccessory retail, accessory service commercial, and accessory supportive serviC7S S II be limited to lower level signs. A. Upper Level SiQns. 1. Number & Type: The jmaximum number of Identificatlon Signs permitted shall be tW~Q) wall signs each for Buildings A, Band C. Maximum Sign Area: 90 square feet each. Location: The Si9~ may be located on either the west, north or east facades. Any sigh located on the west facade of Building B shall be located on. Ih 10 rth half of the buildin9 facade 4. Design: Allil.IS signs shall consist of indivldualletters. 5. lIIuminati.i: Inlernal 6. Sign prit: Required. 7. Fees/equired. Lower Lev~ Si ns. B. All site lighting shall be coordinated throughout the project and be f uniform design, color and materials. c. D. 2. 3. B. 1. N mber & Type: The maximum number of Identification Signs P!3rmitted shall be six (6) wall signs. 2. Maximum Sign Area: 60 square feet each. ::ODMAIMHODMAIN01 ;35950;11 10 3. Location: The signs may be located on either the west, sou~ east facades, The signs may only be located on the first floor facade. 5. Illumination: InternaL 4. Design: All walls signs shall consist of indi)/jdualletters 6. Sign Permit: Required. 7 . Fees: Required. C. Parkwood Crossinq West Center Identification and Real Estate (Leasmg) Siqns. / 1. Number & Type: As approve~y an ADLS Sign Program for P arkwood Crossing West. / Maximum Sign Area: AS{8Pproved by an ADLS Sign Program for Parkwoad Crossing Wes . Maximum Height of Si6n: As approved by an ADLS Sign Program for I P arkwood Crossing/West. I Location: As app{oved by an ADlS Sign Program for Parkwood Crossing West. / I Design: Sign/must comply with the approved architectural scheme of the complex, and must be af a similar design, lighting and style of canstructioh. IlIumina~tn: Internal or completely shielded. Lands{aPing: Sign must. be accompanied by a landscaped area at leatual to the total sign area. 8. Sigr Permit. Required. 9. FrS: ReqUired. Other Prl!Jvisions. Section 25.7.01 - "General Provisions" and 25.7.06-25.7.09 - "Legal Non...ConformingSign~, Sign Permits, Variance, and Administration and Enforcement" afthe Carmel/Clay Township Sign Ordinance Z-302, are also incorporated by reference. 2. 3. 4. 5. 6. 7. D. ::ODMA\MHODMAIN01 ;35950; 11 11 ~ CHAPTER 5.0 OUTLOT AREA . SPECiFIC REGULA TlONS. Section 5.1 Minimum Buildinq Setbacks. The minimum building setback shall be as follows: (a) ten (10) feet from the proposed INDOT rjght-of~way, and (b) 83.5 feet from the South Section line. Section 5.2 Minimum Gross Floor Area. A. The gross floor area of any building shall not be less than five thousand (5,OOO) square feet. B. Accessory structures permitted need not meet the minimum floor area requirement. Section 5.3 Maximum Gross Floor Area and DensitV.Amaximum of two (2) buildings shall be permitted. The gross floor 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 shall not exceed eighteen thousand (18,000) square feet. Restaurants shall be the only permitted primary use. Section 5.4 Landscaoinq Requirements. A. Landscape Plan. A Lanclscape Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (1) shall be qrawn to scale, including dimension.s aod distances; (2) shall delineate all existing and proposed buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways, ground and monument signs, lighting standards, steps or other similar structures; (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 descriptien of all exi::;ting trees 9" DBH or larger which are located within any Planting Strip required in Section 5.4.6. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. PlantinQ Strip: a. There shall be landscaped planting areas located adjacent to the INDOT right-of-way and adjaceht to the 96th Street right~of- ::ODMA\MHOOMA\N01;35950~11 12 / way which shall be am inimum 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 Buildings: C) A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). b. Outdoor terraces, sidewalks and driveways may be permitted in these areas. c. If an outdoor terrace, sidewalk or driveway cuts into a planting area, the displaced area shall be an additional area added to the build~ng 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 oufdoor.terrace area. 3. Plantina Within Parkinq 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 5A.C.1 for minimum planting area requirements.) 4. 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 minimum of fifteen percent (15%) ofthe Outlot Area, minus any INDOT taking, shall be landscaped. C. Landscaoinq 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 ::ODMAIJvtHODMAINO 1 ;35950; 11 13 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. Plantinq Strib. 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 one hundred {100} linear feet will be designated for the planting strip areas which includes: Three (3) shade trees; or, Five{5) omamentaltrees or five (5) conifer trees; and Fifteen (15) shrubs. 3. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: a. Shade Trees: A minimum trunk diameter of 2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than % nor more than 1Iz 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 % nor more than % 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 planting. e. Evergreen Shrubs: A minimum height and spread of twenty- four (24) inches. D. Landscapihd 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. If it is not possible to ;:oDMAlMHoDMA\N01 ;35950;11 14 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. 2. Maintenance.. It shall be the responsib~1ity of the owners and their agents to insure proper maintenance of project landscaping and retention pondsapprQved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown plantings with identical varieties or a suitable substitute, ahd keeping the area free of refuse, debris, rank vegetation and weeds. 3. Cham8s After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. 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 pedestrian access shall be provided from the street to the primary entrance of the building(s). c. The minimum 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 shall meet State requirements. ::ODMAIMKOOMA\N01 ;35950;11 15 Section 5.6 Lighting ReQuirements. A. A site li9hting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting ("ADLS" 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. Landscapelightlng. B. All 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 the Parkwood Crossing West development shall not exceed 0.1 footcandle at the northri,ght-of-way line of West 96lh Street and the east right-of-way line of Spring Mill Road. Section 5.7 SiQns. A. Outlot Area Sions. 1. Number & Type: Three (3) total signs being either one (1) ground identification sign and one (1) wall sign on two (2) buil,ding facades per business; or, one (1) wall slgn 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 ::OOMAIMHODMAIN01 ;35950: 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-of-way. Signs shall not be located within the vision clearance area. 5. Design: All wall signs shall consIst of individual letters. All ground signs shall be consistent with the Parkwood Crossing West IdentIfication Signs. 6. Landscaping: A landscaped area shall be provided adjacent to each ground sign at least equal in area to thetolal sign area. 7. Illumination: Internal or completely shielded. 8. Sign Permit: Required. 9. Fees: Required. B. Parkwood Crossino West Genter Identification and Real Estate (Leasinq) Signs. ::OPMAIMHoDMAIN01 ;35950;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 P arkwood 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 similar design, lighting and style of construction. 6. Illumination: Internal 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. Section 25.7.01 -"General Provisions" and 25.706-25.7.09 - "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmef/C[ay Township Sign Ordinance Z-302, are also incorporated by 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 architec:tural de.sign of any buildings, landscaping, lighting, and signage for a site within the Parkwood Crossing 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 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 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 impos~d 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. A. The Commission shall approve a conceptual Development Plan (the "DP") simultaneously with the approval of this Ordinance, as shown on Exhibit C. B. The Director shall approve without conditions, approve with conditions, or disapprove the final DP for any project Within Parkwood Crossing West; provided, however, that the Director shall not unreasonably w1thhold or delay 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 "ODMAIMHOOMAIN01 ;35950~11 18 the disapproval and schedule the request for approval of the final DP for hearing before the Commission. c. An amendment toa final DP which does not alter the use of any lahd 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 DEFIN'T10NS AND VIOLATIONS. Section 7.1 General Rules of Construction: DefinitIons. A. General Rules of Construction: The following general rules of construction and definitions shall 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 present tense ~nclude 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 "should" 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 permanent 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. ::oDMAIMHODMA\N01 ;35950;" 19 17 ~ ,18,. ,20, 21. '23. ;24, 1:4, ,Gafeteria}OelflCoffee Sho p: ,Ar.r :t;!stablisQr'nent. loca,tEl'f) within ,the o'Uildihg(s) wherefood;and drink is prepared, served a~d '~on~u,lJ1ed .primarily within thE};.build~ng(s).by the'occl!pantsof. the buHding(s) and thefr guests. " Centerline; A lJ!1e lyi'r:9 rnfS:iwa.y ,q~tween the sjde"lih!3s of a 5 tree tor ,alle:Y rig/1t-;'Qf~way~and/or'pavement. 15.. 16. , '~ eertificate 6fOccuP'ancL A"ce;:tificat'e si~:med by.t~e QirE1ctor staling thartheoccI,Jpancy,and,useof I~md.'or a building or structure referreq to tO$'r'-el~. totrjpli~.s With1.l:1e proviskins ofthis,Ordinan'ce. 19, City:'Th€! City of Carmel, In~iana; Commissior1: the Carmel/ClayPlan Commissfon. Commitment An official agreem.eDt"rn.:ade'~n:a,CCQr(jahgewit,~ IJI9IElli:;j 'CbiJe 936- r:..4-8J5, concerning.the use or deveropmeri't ota parcel of ,real p,roper:wwllich is m~de ih writj~gby the t)\rljhe~ Of that parcel, 'eIther voluntarily or in accordance With' an order 'or' requ,est'of the .Gommissipt!,as recorde,d Hi the Officecif'the Recorder of,Hamilton County, l(1dfana, Common Area:. Are,as. ~itfiil1 ?d,evelppmehfthat serve either.'a, portion afor the~.entire deve'lopment. (Exampleicommon,area - signs, 'Iight!ng, langs'ca-piriQ, m~iritenahce shed', i;1tc:) 22. Conference.Center:.A:mee1ing room prov~ded as a n a menity for,. and t:iiatte'ayaiiabreto, all OCCU pariJs oUne build irlg(s) arid.their-guests. Council'/The CitY Cou'nciIMlh,e,City of 'Gar me I, Indiana, County: Hamiltcn.County; IndIana, Day~Care: An o~ganized group progfarJ:1,fott~e ca're ~f'9hiidfenaWcW Tr.om their cwn res ide n.c e 'f6 r. an"y part of atwenty-four (24) hour.day, for cbmp!=lrisation' or-ottierWi~e; . " . 25 DeVelopment Plan.: A specifjc plan, Jd( ,the d~yelpptnent of real propertythat.is submitted,for Commlsslonapprovaishowing prop'OS8<;j fac,ilities; pu.ild.rng~' and: stru ctures. Tn'i?, plan review Ihcludes general.. landscaping,pa!king'.~ d~aiflC!g~i ,eros!oh cC?ntrol,sig0$.ge", lighting, screening, and buildin,gs ihformation fora site. A ,develqpmen'tplan '~f. 4. 5. 6. 7. 8. 9. 10. 11, ::ODMAIMHODMAIN01 ::35950;11 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. 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, Antenna: A structure or device that is used for the purpose of collecting or tran.smitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagn'stic waves, including but not limited to directional or omni-direclional antenna, panels, and microwave or satellite dishes, The term does not include an amateur radio station antenna. Architectural Plan: A plan 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 Appears. BuildinQ: A structure having 'a rootsupported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. When ~ttached by a single,..story structure, each multi-story portion ofa structure shall be considered a separate buildrng. A parking plaza is not a building. Building or Structure. Front Line of: The line of the face of the building or structure nearest the South Section Line, not counting patios, terraces, etc. 12. BuildinQ 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. 13. BuildinQ or Structure Setback Line: (Sometimes called a Building Line) The line nearest the front of and across the Real Estate establishing the minimum open space to be provided between the front line ota building or structure and the South Section Line. 20 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. ::ODMAWlHODMA\NO 1 ;35950,11 may include only parcels that are contiguous and not separated by the right-at-way of any highway in the state highway system. (Amended by Z-333) Development Reguirements: 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-fbur (54) inches above grade. Director: Director, or Administrator, of the Department of Community Services forthe City of Carmel, Indiana. IJDirector" and "AdmInistrator" shall include his/her authorized representatives. Dish: That part of the earth station shaped like a saucer Of dish. Dish-Type Receivin~Antenna (Earth Station or Ground Station): A signal receiving device, the purpose ot which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. 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. ' Fitness Center: An exercise facility provided as an amenity for, and made available to, all occupants of the building(s). 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 boundaries. 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 ), cand lepower. Front Yard: The side of the Real Estate "Vhich is adjacent to the 96th Street right-of-way. 22 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. ::ODMA'MHODMAIN01 ;35950;11 Greenbelt: That J:lortion 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 AreafConstructian Area): The floor area, excluding any penthouse areas, as measured by the face of the exterior building material. HVAC: Heating, ventilation and air conditioning equipment. Landscaped Green Area: An area which includes live plantings other than grass. The size of planting at the time of installation shall not be less than a minimum of eighteen (18) inches in width and height for shrubs, a minimum of four (4) to five (5) feet in height for evergreen conifer trees,and a minimum of six (6) to eight (8) feet in height for shade trees. 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. Lot: A portion of the Real Estate intended as, a unit for transfer of ownerShip or development. Lower Level Siqn: A sign Ipcated on a building facade below a height of twenty-six (26) feet, measured from grade level. 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, business or personal service offices, financial institution offices, sales offices, real estate offices, and governmental 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. 47. 48. 49. 50. 51. 52. 53. 54. 55. ::ODMAIMHODMA\N01 ;35950;11 Outlot Area: That part of the Real Estate located more than 1285 feet east of the West Section Line, as shown on Exhibit C, Parcel Coveraqe: The total ground area, within the Real Estate, CO,vered by buildings, parking plaz~s and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. Parking Plaza Height: The vertical distance from the grade of the ground level of the structure to the top of the parapet that comprises the majority of the perimeter of the structure. Parkino Space: An area having a rectangular area of not less than one hundred eighty (180) square feet and Cl minimum width of nine (9) feet exclusive of driveways, permane!1tly 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 PhotocoP'[ingand Duplicating Devices: A facility providing reproduction, cutting, printing, binding, etc. of written materials, drawings, labels, etc. for occupants of the building(s). 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. Pond: A body of water either occurring naturally or artificially created and not fed by any watercourse. Professional Office: An office of a member of a recognized profession such as an architect, attorney,dentist, engineer, physician or surgeon. Receiv.er: A television set, radio, communication device or data input device that utilizes the signals from the earth station. 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 24 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. ::ODMAIMHODMAIN01;35950;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. Restaurant, Orive":ln or Drive-Throuqh: Any restaurant designed to permit or facilitate 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 premises. Restaurant. Fast.FclOd: An establishment whose principal business is the sale of pre:..prepared or rapidly prepared food directly to the customer in a ready-to...:consume state for consumption either within the restaurant building, on-premise or off-premise. RiQht:..of-Way: An area of land permanently dedicated to provide light, air and access. Setback: The least measured distance between a building or structure and the Section Line, the side property line of the Real Estate or the rear property line of the Real Estate. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. South Section Line: The South Line of the Southwest Quarter of Section 11, Township 17 North, Range 3 East. StOry: That part of any building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. Street: A right-of-way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. Upper Level SiQn: A sign located on a bUilding facade above a height of twenty-six {26} feet, measured from grade level. 25 66. Use: The employment or occupation of abuilding, structure or land for a person's service, benefit or enjoyment. 67. Vehicle Service Facilit~ 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 Carmel/Clay Zoning Ordinance. (Signature Page Follows) ::ODMAIMHOOMA\N01 ;35950;1 1 26 J-.h, .J day of N. L. Rundle ATT~T jJ ..~<()f/L Diana L. Cordray, lAMe, eler P~!e~d by me to the Mayor of the City of Carmel, Indiana, on the S day of ~.... ..tJ..; I 2001. If) ~ i' jJ I~~{ : :ODMAIMHODMAIN01 ;35950; 11 27 CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON PETITION FOR PARKWOOD CROSSING WEST PUD TO CRA NGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36-7-4-605 ORDlNANCENo. 2- -351 To: The B~morable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application.of Parkwood Crossing West PUD, copy attached, petitioning the Commission to rezone the. following real estate located in Hamilton County, Indiana, commonly described as follows: The Valinet property 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 PUD/Planned Unit Development District. The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting of Docember 19, 2000, the Cannel/Clay Plan Commission approved the requested Rezone by a vote of 11 in favor 3 opposed (Madeline Fitzgerald; Pat Ricel Nick Kestner) and none abstaining. In connection with this proposal, the Plan Commission also recommends: 1) That the Council consider further the adequacy of the Petitioner's Commitments to dedicate right-of-way for roadway improvements needed for this project~ in connection with any deliberations on the proposed Tax Increment Financing of those improvements; 2) That the Council endeavor to arrange fOf all necessary roadway improvements to be accomplished concurrently with construction, 0.. before final occupancy of the proposed office buiJdings, to assure that there is an orderly flow of traffic through the affected intersections after tenants have occupied the buildings; 3) That the Council review an roadwa.yirnprovements with the Indiana Department of Transportation and the Metropolitan Planning Organization, and 4) That negotiations should begin immediately to obtain any additional right- ofOvvay that may be needed for U.S. Highway 31 improvements as th'ey perlain to tbis project. fPiT:~ ~ of.. ~ 1 ~ ';"M" " . mona H "cock, Secretary CA~. I~;PL.A.N..COM. MISSIO~ Hy:Ui'fr/t/!U~{;.L David A. Cremeans; resident .. RECEIVED DATED: December 21, 2000 .,. CA1 RR~AEL CLERI( ~SURER A L>\NL' 80UND.AR)" DESCRIPTION OF THE SOlFTHWEST PARCEL, 'f... PORTION Or THE SQlj1i;lVlEST QUARTER OF' SECTION -j'" 'fQWNSHIP (] NORTH, RA'Nm:' J. EI~ST HAMfLl'ON 'Cbu'NT\IN9IANA NOI'/[M8ER 16, 1998 Af.IENOEO DrCEM8(R 22. 19':).8 :... pod or lMe 5out~:we'it Ouarter ,of Se,clion 1'1. r9~nship .17. Nortl1~ Range ~ East. Hani:il,~on COLJn~y. ~ndian(J. deSC:~ibed: os: :fo-lIows: BEGINNING al.lhe so.uth'Y,es,1 <;orner,0i S'aidcju{]rt,er s~clit.f1,: thence Nor.th 00 deg'recs 19 minuJes:36 seconds East 3~>J:67 feet ol?og the we-st rine,of soid quC)rtej .Js~cctipJ): !heriCeSOi.Jt~. ~.9 deg~eec~,4Qminy'!e524 s('CQr.c:!s E9St., 24.?1 feel to. the' e~slern r19~'I-'d;-:""'9Y ,line of' Spi'inqMjll 'ROQd,~ the-n.ce N9(lh 05deqr.ees 41 mir.ll-!.tes ~16 s~.::-onds: EasL. 70308 tee! 9Ior)Q, sard eastern r:ghl,-ry{"'vioy lire l,V ,th~: s'o'.,!thefl).limil OCCE'':(s ri<:i~t-o'(~w.c:y li('H" for Jl1e'I.-465 .and U:S, 31 inlerchange: thericeClr-ong. soid sO<Jth'ern right-of'-way li.~e lhe following teA (1'0) \,OW;S~~ (1-) ,,North 32 de9r.~es '58 minutes 11 secorii:l~ E.ost ?3:S1 feel; (2) ..No!"tt-. E!9 oe:gi:~e..; 28 m irlLl,le~;?.7 '5''''(;ondS(lJ~ln S',aq r~e\: 'C~) .~aulh 81' de'q'~ee-5, 59' miou t~~. .12 secon.js, Eos'l 202'2'4 feel; (4.)Scuth' 82' 'c.1 ~'9r~~s '4~ m!nu tes~}'se.c(\nds~lJ~t283: 4:9.. _t~.ct:' (~) Sou th 68 d~g~~es . 4}. mi.nui~s. 5] 'silconds Eost j 79)7 '.€lel; (6.) SOtl t~, 6'1 deg/ee"s .~? r-ryinutes 00. se-::o.,ds.'Eo$( F.i-~,~3 f,e~'t; ('.7)SlJuth .48 degre~~ ~9_: rninut,eS'-l,8 secOfldsEacil, 1,96.,5~ r,c~U (B)So~J,t~, 50 deg'(~t'5 45 m'il].l.Jl.;;s 20.s!!..:'onds [Ost'4J2;2Qr~et;, (9) .s,q\;Jt~ 82 'degr(,!t!s""O mi0ule~ J3se~~nds!Ea5t330.61 (~et: (-10) therJce- Svuli1iO d~g;-~r';S ?4,:,ihl.ll,<'.s 2g' secqnd5 E95t .2T~'.Zl2 le..~t to, l.~& eng of th_~ li<<t!IC'd'(lCC/;'SS ri,ghh.o'l-.w?-yo,nd the '':''~,s 1-0(r\ righ t.-pf ....,y,;<fy liflf! 'd- U.~. 31; th~r'1(;~' So~.10 00 d,e_gr~l)s 05. rn In,u.l~s. pO secO,'dS' W<:Sl. tEQ.A6 tee tol on9?'oitj we~ l.ern ~i~h(..,.Sj-;\'Hl)' ~.ine:l~iti:n::I;!' Sout.~...'~3,-dp.lJref:~39 minute,:; 10 seS'onds ....'1(~.'l.t. 4.?,.?-4; fset, olqn9 36id, -r'esl.er~;Jjgh,~'-of-:"wcy Erle:U'l~nc~ SQull,1 OOidegrr.-es:.3J rTlIllUte-<s :r1:se.C0nos Er)~l. 43.(ii3 '",.et to the s.olJlh .llne Orso}d ql,!or.l.er o:;ecl1on.: .thence Svuth .g9degre~s, 24, r'riinu.1 "'.,S 09 secoAds..'Wes e,. 1,878.09, r,=<".1 ,ol.of'\q !'Iaid'sol; th line I ?1,!:1e P9ih t of bt'ijin'ning 9:ld c?n ta;~if19 36.'J7 J ocr.e_~. ,m,oreor !~~~s. Ttr~ o~orings in this dc~Cr,iJJlior.1 ,.or~ based UpDr\ the' Indior1o St'ot~, Plone C,:>ordiMII: System (Qrid No~lh)~ m 'X' :r' :[]" ..... j;.. l I I rJ~ ., --1-"'- -.....,- I '. L"'-'465 KEY MAp' SW 1/4,' SE01l0N n NOT TO SCALE Exhibit 8 bJ18l:rooo FINAL COMMITMENTS CONCERNING THE DEVELOPMENT AND.USE OF REAL ESTATE In accordance with Indiana Code Sectlon36-7 -4-615, NRC Corp. (hereafter the "Owner"), the owner of the.following described. Real Estate located in Hamilton County, Indiana {hereafter the "Real Estate"} makes the fOllowing COMMITMENTS ~oncerning the use and development of the Real Estate to'the Carmel/Clay Plan Commission (hereafter "Comm iss ion"). 1. Description of Real Estate: See Exhibit A ("Real Estate") (Patkwood 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 freestanding elev<3ted signs (a.k.a tall signs or.interstate oriented pole signs) for business identification will not be permHted on the Real Estate.' This does not exclu<;le I~asing signs or other identification signs permitted by the PUD Ordinance. b. Parkwood Grossing West center identification and real estate (leasing) signs (excluding wall signs) .for the "Office Area" of the development'shallbe similar to and of a similar design as those ih th'e existing Parkwood Crossing office development located east of Meridian Street. In addition, an interstate monument sign identifying Parkwood Crossing West shall be perrnitted which may bea maximum of 35 feet tall, 15 feet wide and 10 feet deep. c. Owner will use its best efforts to causelhe power lines adjacent to the Real Estate along 96th Street and Sp~ing Mill Road to be placed underground. ::OlJMAIMHODMAINO1 ;3596'2;5 ::ODMA'MHOOMA\NO 1 ;35962;5 d. Subject tothe approval aftheappropriate government age~cies, the right-ot-way described below needed for any.widening of 96th Street to allow for the road i"mprovements suggested in the report of A & F Engineering dated September, 2000 and submitted as part of the petition for rezo"ning of the Real E sta.te (other than the additional right- of-way needed beyond the limits of the Real Estate at theintersectjon of 96\h and Spring Mill Road and the intersectionaf 96th and Meridian $treet) will be taken from the subject Real Estate and any improvements madeto 96th Street (as suggested by the A & F Report) shall be made within the existing paving area or north of the. existing paving. (Note: Apparent E?xisting right-at-way on this seCtion of West 96!h Street equals 33teet.Additional right-at-way required off the north side of West 96th Street equals 57 feet Total new right-ot-way widthbn 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 insralled as a result of the development of the.Real Estate. e. Acce~s to the Real Estate will be limited to {1} a right-in/right-out access located eastot Illinois Street to serve the "Outlot Area" I (2) a fLillaccess between Illinois Street and Kenwood Avenue, and (3) a full access approximately 430 feetwest of Kenwood Avenue. Access to the Rea.! Estate from Spring Mill Road will not be permitted, unless otherwise specifically approved by the Com mission due to a change in circumstances regarding Spring Mill Road. t. Drainage and sanitary sewers and the. proposed drainage system, including retention pond(s) and storm sewers, andthesanitary sewer lines will be designed and approved by the applicable regulating agencies soas tonot acjversely.impact the Williams Creek flood plain, or the existing.or futureadjacent resiqential development, or existing or future sanitary.sewer connections in Marion County. g. Any office buildings constructed on the Re-al Estate will include a fire suppression system, h. Owner commits to architecturally treat the south and west facades of any parking plaza that has unrestricted sight lines to the existing neighborhood to the south or to the future neighborhood to be 2 constructed to the:we"sl-, SL~tn Jh~r~.h6 ,appearaJice ,of. the parking plaZa, as, viewed from the.homes'or;(the south'side'of961hStreet'.and frt~rh any homes;which maybeconstr~ded on .the'~lestside.of$pring M.ill ~9ad w,1I t5e ae}theticaliy improved frorn"lhatof the standard parkin,g plaz~ faG~de-: I. Own'er'comm'its,that any parking areasha'll be a minimum.of1.03.5 .... - ,- ~ , ",' . , . . feet ,from the Soutn lineSW1'/4 Sec. 1'.1, T 17N.. R 3,E'(the"SouLh Se.c,tion line"), (Ohl'{' t'lPpHcable to the west 1285 feeLof the Real Esta~€!). .. J. The pro.cess to construct the' improvements to 96\h Stre'etand 'the _ :('",- , _. . '. ~ _ _ n impfovem'ents to the: intersection'of 96th Street al')d fv)erloian, (cQllecliv'ely""lmprooveinenlS"), as .suggested. in the.A&F'Emgi neering report, will,pe G~m"rneQced .c.orileTrwo"ra!180usly With the ~tartof,the dev.elqpment- of the. Real Estate al}d Will .be d,iligentJy p'uh;ued to com'pletion. O'~I).er co;mrTlltsJh.aJtp:e'Re.al E~tale shaIIJ::~e 9E!yelopel.:Uncompliance with the, C'onc~p'tualSite Developme.nt' P-Jf{n attCicheFt as~Exhibit Co, sUbJeCt,lo :such amendments and mo-dificatJor]s tl1,ereto as are approv,ed.py tYH;j..ComniissiofJ,or the Carmell.Clay aGard, of Zoning Appeal:). 4, BindirKton Successors andAssiqns: TheseJ:;orl1rr'l ~th1enis at~:b~hding on 'toe OWf)er onb:e,R:,?~1 Est~t~'and e~9:l"dtherperson acquirl"ng an'jl1terest 'In:lhe Lhe .'R~aj Estate, unles's .~rrCidified or t~rmiQaled ,by the Commission. The:se. Gommitments'may:be modified or terfl1i.n*ectolllyby adeCisi91~:C!UI:1BOQrrflJl.issioh rnadeat 'a~puDHG,t)earing after -notIce as providecfby thenJles af)he Commission or as'o,tt1eMise'pr6vided~py IC.'36-74-615. k, 5.. 'Effective Date: The,C-ommftmentscontalned'hereii1 shalrbweffeclive - I.. - . - _' . ".".. . '1 ~ . .: -. . . upO'n the 'a~op.tion of an. ordinance by tbe.Carrnel C ~ty Council changihg ire,zoning classification 'of the 'Real Estate described on . EXhibit A from the 3:...2 Residence 6i~ir;2~ apd meB-5 B~Sjness.Dist(",cna th~ Pla'hned .UhifDevelopment. 6,. Recordinq:-- The undersrgned hereby aLrthorizes: lhe 'DiredD~ of.t~e ~ep~rtmeht of GomrnuriiJy Se-rvices, qr'lhe .Sec~etar:y of the Carmel/Clay Plan 'Commission ,td record thesei"commltments iri'the'offioe of the Recciraer ofHami1ton . ~ . -'.'" ... .- - , . . -, . '. . - ... . CQunty! Indiana l:Jpon adoption oUhe'ordinance referred to~in~parag.raph 5 aboVe. , ::00MA\.....HOOMA\N01;3S9Q;5 3 '7, . Enforcement: These cOfllrriitm~nfs' may ,!{~ erifotceQ by the Carrnel/ClayPlan C.ommission-and the owners of all parcel,s ,of ground a-djoihing the Real' Estatewh9'were'~-ntitledto.r~ceive personal notice of ' the rezonk)g' un:der the r\lle~ irrfqr~$ atlh,e ~ime the cqrrffi1jtmeRt w$s"fylade. r~~ WITN'ESS.\NHE~EOF ~ Owner has executed lK)sins1rl)menJJhis :z~ft, q~y 'of 'tblz~~ (}.('tv~J\.J ,,2000, NRC GQRP."an ,ndiah.acorpciration ,B{, .~~,~I~ Steph~h'L Valinet, Presiaerit STATE OF ~NDIANA ) ) 58:: COUNTY OFMJ\RION' ) Tf)~ undersigneq"a t;.JotafY. Public,inand:for saidCounfy and StaLe, acknow].eqged the e'xetutidnor.the foregoing c,6mr;nitfi)~nts'by Stepher7i L VaHrwt" the President of NRC Corp, WITNESSETH'lhis, d~bday ofOecel!lber" 2000;, 'CY\~ti, if ;,x tLt Mo,lly'A. Stlfckey, NofaryPu', Ie My ,CQmn:lis~}or E. :fpires: 1 D-.'1,9-200~i. My"County 'of Residence: H~f!lilton t- ','ODM,~.\MHOoiv1A'.No1 ;3596:2';5 A A l.ANQ 80UNDARY DESCRIP.TIONOF' THE SOtHHWEST :PARCEl ,A PORTION Q.fTHE:: 'SOUTHW:;:ST QUARTER OF SECTION II, TOWNSHIP 17 NOR-rri. R ANG( ::; EAS r HAMILTON COUNTY, INDIANA NOVEM8ER o,l6~ 1998 ' AME~b~D'6tCEijUER22: '1935 t;, pqrtoi., IheSoulhwe.t 'O~a"ter "or, Section 11., Towris,~ip .17 "N.orUi~ 'Ro6ge;':~ 'El.ls,t, Homi.fton COiJ(Jly,I".dilJr'!.o. ,dest';ribi.!d 0,'; follows; ,i3EGi~N!~G 01 }he SOu lhweS,!co!"Q,er QI s(;ild ,quarter ,S~,C lio0: thcr1ce North' 90.d~grl!':es,19 r'tii,1'JI.e~ J6 se:C.Cl~\~S ,Eos,l 303.67 lee I o!(mgt"e -west line'~f said QU-::J/':ter, sectio.h;lheflce Soulh '89 degrees 40:,mi....1.I~es 2~ J!?conds E,iJsJ 2:1.3,1 fee,r to lhe MS,te'rn righl:-6f-wo"y One. of ~prlng MiU Road; th,~.r'c~ North 05 Mcjree~:S 41, mir;sJ.les16 'seconds East ?D:)..Q8 feel Qloilgsa,ldeosterli righ t -~;:-:~o9 nne fCl,the, sOl.:'lhern, rim il'ccc~!;!i ,r:i,gh t -0(- we y. li;,e- l:ir th~ 1-.'465 'on'a U~S. 'J 1 "jf'l te;c~al'\.ge: t~a:1h of9119 'soid southern 'right,...o'(~wo>, Ii!")€' the rollowln9t.en (yO) COlJrSe~' (10) North '3~ 1egre,e,~ 58 ~min.::t:es' n s.e.c,orHIs Ecs173.51 feet (2) Nortti .ar;. deg'i:'~s 2,~ m!nule~~7 's€'~Qn{js (05\ 2'7~,aCl' It'el: (J)Soulh tl1, d,e,9(ees ,59 'mir;jJl~s 1:2, s.e,c:ondSi ~osL,202,24 fe~'t; (1) SQulh 'S'Z d~Qr,:.:-s 15 rrI)nu~e-s 53 seccn'ds Eo~t 2~.3,40, ((l~!;' (;5) SOl)lt> 6B~e,9r~es 42 mjnut~5- 53 seconds Jost 1:75:77 r~et; (/?)" South ,57 deg're,es n mi(\utes 00 second:>E"9;:\ f7'i:.fJ fii!et; P) South 40, 9,egrf'es 20mir:'Il,J't;ts 48 ~eeo~cs p~S'1 196.55 (e~t;(~~<?Outr. 50 de-9'((~S 45 minute,S 20 se~o{)ds Eosl: 2~2;,20_ f~eC' (~l),Soulr, 8~ degre~~ 4.0 minutes ~J. s.econds EQS~, J30:6l feet: (10] lheo,C<' S:)ulh '10. d-e-qr'ep.~, 24 min.yte,5 29 seconds Eost ?7.4;:~9 fe.e.t to \h,'eeM o( the. limiled oc::c'ess righl-of':"'wo'y ono,' ttle; v.:~~tii:rr' ri9hl-?(~w,!=,~ line" ()f.US, ;Jl.:!h,~nCe?out~ 9D,oeqre,e.s 95, mi~lules:,~Ose'corids W~Sl.}62"f6 feet .Ol?n,g Sfli,d':l',~slerl') rt9h!~o,f,-woy hr,(!'; lhe,n,ce .Sault: 43, de9r..ee-s 39 rnlnut,es !O,secondsWest 42.3,4 leet 010.09 sgfO,we,slern oght"",o'~WO)lllne; thence Soutry 'oq d(!9'r~e5~~" rniT1~I{es 5,1 secC'n'i':!s [osl' 4}.,68 f,;/;l 10 the, so'ulh lillco( Midq\lorter s:e-ction. .thence. ~outh Clg',degrees ?'4. n'irn;t,~,?' O~s~s:ontj:; W~sl 1,S7e,OS; r~el. ",font} soidtolilh lin~ '~to .u~t' point of' bl?g;lln,ir:l9 ~m,q,COt"lt(J;nii1g 36;37::3, a,s:res. mO'r/;"..or' li"5; Tl'l~ b~or'ings' in th~srj:es~riplion 'are' ocse~jupon lh'e' Inclona Slq!i;' PIQn~ (;Q9rdinot~ SYS,I~m (CtidNo'rlK) m. X ::::r _.' C" -. '.... )> KEY MAP SW 1:/4. SEc'nON l; NOr, TO ~cALE. "'; ~ I ~ I I "" ci ~ ... .Z :.:: ri J < U. ~ 0: III N 1.D ..,. 'i I .- CO Q 0 N I. 'rf ... .U ~ ~ ~ .;= 0 ci- .... .to- Il.; 9 ~ ::=5 .~ l (.) .~ .r,- ..., ..., ~ ExhibifC .~ .. . - . " .........-------- =-= ~3''iI;)J .L~ ~.~-',~- ~-_.-- -.- . ...". ......_--------.......... ~-;.. j.-:.:~-~ .:.::~-=--~- -- :....- 'I ~... , . - N'V) {II 'lI 3'~. I r -, --".,.. ~ i.)1 0 ~ ~ l~~~~~~~n~~~ C'-' i i L r i r i ) ./ ;- /' './ .f / /'. ..(. ./ / j.' ;: / / /'- ('l t .I / I I f K ! ! r " ! J ., t i '. i i ! 1 ! >It """'" 7FI'Il ., -, i .: . , , , I' . . j I 'N ',a m4o:zT'II r-~ r I !i. 1\\ 'j \' .-=- \ ~;.. '-.', I i ::r'.\. .......,~~..--+r--- ~.' y..y~. \ a VcO)1 1.1'-1 Vi .6,1;'- I 1I.:d s-~ I .~. ,-----';.."'",. ' u&,g'~ I n-"'o LJ kr:!i.. -~ll< · LJ'~~l r- ~.~- - ~ "", "'"vi',' Q2'o ~i (i!)'" -.02 ::s o ~ I~J " -'-~~: '. ';l. - " ) .r., \ '=':'" PETTPON TO' CHANGE Tli~' OFF!CLA..LZON1NG.MAP ;t.~:l.;\:'> , . ~ ~ _ - . _C _ _. _. _ , _ '. - _', ..t .. , .' _ _ - __:' ..- "'. .". , ~ I ~ ""- "". .' . I . ' I~C.~RBE?RArgD BY"REFERENCE I,NTO THE CARMEL/CLAY i~}~llN~~~ 11 OROINANGE LI "~, ~,.:s'1?r , I I, iii rn <:;;7t!~A (REZ0N~: APPUCA TlON) !i~\~;~. t) It " '~T,f \~~':. boc; ~l?p \~ .' ",,',}. \~~\., /~ :,f,' "v.~~ ,_--f!;Yv '~'~>' Date: Aug1,l s't.~8.-. 2090 :$500 plus $25.00 per acre' Docket:No,: N_ameQf.6wfler:~RC Cm:p Rh\>..neNo.~',() ~7 57'4-37,0.0 r:-1o Philip A. NiC;ely, Es,q'. Address of Cwne(B'ose McKinney "s, 'Evans LLP .~OO E ~..96th,St.r,?et),$u:J.:te .soo Indianappli:s, IN 46240 " Record of Ownership: Deed Bobk~ :6:.. Page: * , . '* -:See Su,rvey '. ,- Leg,al,DescriptIon .'(Use:addiLional pa9.e[sl ifnecess2Pj): p Qr.cJia~.e .oate:--,- -(See. attached descrioGon.) Common.,Address of Property 1 rivol~e,d (o(~G~neraj' Oescriptlon if no Addr$ss EXIsts): The Valinet, r.ropeit.y at the. swc df ,i-45'S' an-d :U.:S. Highway 31. be.ing the. 'm-le 9f 96tr~ s he.et an~ lid,. 'Hig~'~a'y 31 ,( t'p,: S'p.l~iJ:lg ,1;fgl"!S9~d) . Proposed Zoning .Cbiar)ge:, 'From the S2&B5 Distr'ict~o the PU~P[Sffid,.f(lr'.tbe pro'perty shown.outlined in'red 0:1 the ni~patraclieq'hereto, wHich is'afad:e'.8 part ohhi;Sp'et.iJjpri~' . Stat~men.t .of cOfDpliance \vit.h. the Carmel/Glay 'Comprehensive' Plan ( u se add: i ti 0 n ,8' I. p. a S es. ,i J rf e' C e. "S ,s a r y ) '" 'The 'pr9-po.sed t"-czon"lng :tscl]I'!-sistent .T;li'th fll!? r_~commendabons of' die' Comprehens-ive:Plan Amendment knoWn 8-5 the 19-97U. S., '31 Corrici'or 'Plan, an :a,mendmeu.t: t.o ,the 2020 Vi:s'i9u Pl\~m (l9.~6).., Revised "10/4/95 s:\fiJrms\reione;a pp '^ . '. AFFIDAVIT . . (lor We). .being duly '.swornidepase af1cLsay,'that (lor We) n~m or ~re) th'? (ow.oer or Qwners)'6fFifty Pef'c.er.:~ {5,O%), ,or.mo(e 'Of .the,'property 'involved .in. this application.,and th,at ~He for.sgQihg sjg~a~LJ'~es, statement~,aod,answers' 'hecein conti3in'ed an,d the inform atibn herewith submitted are in :all respects trlJe andcorreqt tQ the ,besJ pf (my or , aU'r) knowledge and belief. , ' '. . NRC Corp Namec/c P~'iU;p A. Nicely Bose"McKinc;!;ey& Evans LLP Add ress 600 E. 96th .Stree:t~ 11500 Indi:an~poliS IN 46240 Name ,p;-,dWeS.9 Citv , " State' City.; State The'ap.Pli~ant-,~orre;;POhdeDt; or:agent {if d.'ff~r.e~>2b', " a _~n'~r D--\1ke-Week~ :({e.?lty Limned P.a1:t.n.~rship [,(,. ~lip" t\.. e. 'i, N'ame' N'ame : 317-57,4-3:700 3'17'-574-3700. Tele.phone. Teie'phone~ August 18,21500 August 18, 2000 Dale Date [. Evans 'LLF Slate of fndiana " _ - c.. . ) SS: -) .) Cou nty of Harn.il ton Befor8<me the:undersigned"aNo'tary PUblic for Mar-cion (officer's ,coun~y of residellCe;) County, State .cflndiana, p'ersonally appeared Philip A. tI~c,elYand '(n'am~: olperson) acknow.ledged'the execwtibn af thedoregoing instrumem'this 1-Sth day of Augl,1st .. I .1'9 20~O. (prir:j:ed or t~'p.ed} s:\forms\rezone.app MY comftlJsslorie?:.pire,s; 10"-14- 2.000 ( 1;0/95 i . > ". 'ZONIN~G' CHANGE' A,NAL YSIS D.uke-Weeks RealW Limited Partn"ership tias filed a re2.oneap'pHcation for th~ southWi.fsfquadrirnt of 1-4.65 and U.S. Highw'ay.3.1 to the pun District classificatibn. Oft~e .~6+ acres sltbJec~.to this petiti"onl. 7,'S+"acres'(q( 20+.%) are.currentl.y .zoned 85. Thebalance of the Real Es~ate is curref!tly ~_orI~g'S2. Th e;.office ano' resi~tJ ra nt, devel.opm ~nt propos~d .forth.El-s,o uthwest,qua.d rant wfH'be,a.P?rkwooifCr,ossing'type, or 'better, q1,Jdlity deve!oprneh~. .' The D:eveIOpment..P-lan ;ana 'Str;;:lt~gh::ls- U;.S. Hig:hway Corridor, a rs.pecial are:astudy amendment to th~ 19..96; Ca"rmellClay ToWnship Cbmprehenslve Plan (the.APlan!~),proposes'that:thesouthwesfquadrant be deveJbped with a pia. ri ned ..o.ffi ce deve!opm ent7 exce:pftt:l at the eas t60Q.feetc auld pe.d evejoped with cQmmercia!lretaUfserviceuses. O'uke;Weeks Realty.Lhp11ed Par:t.ners~fJ:fs rezone. application is con~isterit' vv;ith trye.C6mpr!3hensiveP'I~n P.rbpbs~ls fOr the ReaLE~tate'.. .' . . ..-. .'. A c.].. :!r1f2~t~~.Sft~,~ .i; \'.~ -f~~ '1r.~0' .t':~;] j.~' !_.: ~....lf ODes ':;ODMA'u'I,IHODt-.V.:.Ne;:ll :~~968~' \.' ,-', - ~. +-. "</(:.~~CL;~t.\'S<. . /,