HomeMy WebLinkAboutPacket 08-04-08 to City Council
MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z-519-08
DATE: July 25, 2008
Please find information on tbe following item forwarded by the Plan Commission attached. This
item will appear on your August 4th agenda.
Forwarded with favorable recommendation:
Ordinance Z-519..;.08 (Docket-No. 08060001 OA):
Monon & Main PUD District Ordinance Amendment
The applicant seeks approval to amend Ordinance 2-462-04 Manon & Main PUD Ordinance for
the purpose of allowing non~residential uses in upper floors and garages in the Primary Area.
The site is located at the intersection of Main Street &3rd Avenue NW and is zoned PUD. Filed
by the Department ofCommuruty Services, on behalf of the Carmel Plan Commission.
Summary:
The Monon & Main PUD Ordinance was adopted in 2004, which set the framework for an
attached residential townhome development, including the option for ground floor retail
storefronts along Main Street in an area referred to as the Primary Area (pg. 18). More
specifically, a list of Primary Area permitted uses was included in the PUD Ordinance (pg 16),
which were limited to the first floor of any Live/W ork Dwelling.
Now that Manon & Main is well under construction and with most of the Primary Area units
complete, there has been much interest in allowing Primary Area permitted uses to occur in
garages and on upper floors. In fact, four units have successfully petitioned the BZA for
variances to allow expansion into garages and/or upper floors. Three more petitions are pending
and another is waiting to file pending the outcome of this proposal.
Given the fact that so many variances have been granted, the City feels it is appropriate to amend
the PUD Ordinance to allow this practice to continue without petitioning the Board. Four
sections of the PUD Ordinance are affected by tlus proposal, they are:
. 2.13 (B), Pg 5 Eliminates garage requirement for non residential units, however,
exterior appearance and functionality of garage must remain
(garage remains when used as residence)
Fixes an incorrect reference (scriveners error)
Live/Work Dwelling, eliminates first floor limitation
Eliminates 21 "impractical" uses from the Schedule of Permitted
Uses pertaining to the use and development of the Primary Area
(Per Plan Commission discussion)
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3.5, Pg 6
15.26, Pg 12
Exhibit B, Pg 16-17
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2008-0725; 2-519-08; Council Report
CERTIFICATION OF THE CARlVIEL PLAN COMMlSSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE MONON AND MAIN PUD ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-519-08
An Ordinance to Amend the Monon and Main Planned Unit Development (PUD) Ordinance
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Advisory Plan Commission offers you the. following report on the application to the
Commission (Docket No. 08060001 OA) to amend the Manon and Main PUD Ordinance; in
order to allow non-residential uses in the upper floors and garages of units in the Primary Area.
The area affected.is generally located at the intersection of Main Street & 3rd Avenue NW.
The Carmel Advisory Plan Commission's recommendation on tbe petition is FAVORABLE.
At its regularly scheduled meeting on July 15, 2008, the Commission voted ten (10) in Favor,
zero (0) Opposed, one (1) Abstaining, to forward to the Common Council the proposed
OrdinanceZ-519-08 with a Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC
36~7-4-607(e)(3), the Counyil has ninety (90) days to act on this petition before it becomes
effective as Certified by the Commission. Ninety days from the date of the original Certification
(July 18, 2008) is Thursday, October 16, 2008.
~t~
Ramona Hancock, Secretary ~)
Carmel Advisory Plan Commission
Dated: July 18, 2008
CARMEL PLAN COMMISSION
-~ ~-f.-I~
Leo Dierckman, President Ac
2008-0716 08060001 OA Z-519-08 PC Certification
q~l.:b V' [Z lOr._i
1 Sponsor: Councilor kider
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3 ORDINANCE Z-SI9-08
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance amending the Manon & Main Planned Unit Development District Ordinance
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9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
10 IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
11 must first approve by resolution a comprehensive plan for the geographic area over which it has
12 jurisdiction; and
13 WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
14 No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
15 Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
16 Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
17 the City of Carmel and Clay Township; and
18 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
19 and Subdivision Control Ordinances; and
20 WHEREAS, pursuant to Indiana Code 36-7-4-1512 the Common Council is ~uthorized
21 to adopt or amend Planned Unit Development district ordinances; and
22 WHEREAS, the Council has amended the proposal. in order to allow certain n011-
23 residential uses.to occur in upper floors apd .garages in the Primary Area;
24 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
25 Carmel, Indiana:
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27 Section I: Pursuant to IC.36-7-4-1500 et seq. and after Docket No. 08060001 OA having.
28 received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday,
29 July 15, 2008, it hereby adopts this Ordinance to amend and restate the Manon & Main Planned
30 Unit Development District Ordimmce (Ordinance No. Z-462-04), as provided in Exhibit "I"
31 attached hereto.
32 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
33 Ordinance are hereby repealed.
34 Section III:' This Ordinance shall be in full force and effect from and after its passage and
35 signing by the Mayor.
Prepan::d by John R. Molitor, Carmel Plan Commission Attorney.
7/2512008
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PASSED by the Common Council of the City of Carmel, Indiana this _ day of
2008, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL.
Presiding Officer
Joseph C. Griffiths
Richard L. Sharp, President Pro Tempore
Kevin D. Rider
John V. Accetturo
W. Eric Seidensticker
Ronald E. Carter
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC. Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this _ day of
2008, at _.M.
Diana L. Cordray, IAMe, Clerk-Treasurer
Approved by me. Mayor of the City of Cannel, Indiana, this _ day of
2008, at _.M.
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, lAMe, Clerk-Treasurer
Prepared by John R. Molitor, Cannel Plan Commission Attorney. 11
7/25/2008
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EXHIBIT "I"
AS AMENDED ~/_/ 2008
PURSUANT TO ORDINANCE Z-519-08
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ORDINANCE Z-462...04
MONON & MAIN
PLANNED UNIT DEVELOPMENT
DISTRICT
Prepared by John R Molitor, Cannel Plan Commission Attorney. 111
7/25/2008
1 ORDINANCE NO. Z-462-04
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3 AN ORDINANCE OF THE COlVIMON COUNCIL OF THE
4 CITY OF CARMEL, INDIANA
5 ESTABLISIDNG THE
6 MONON & MAIN
7 PLANNED UNIT DEVELOPMENT DISTRICT
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10 WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
11 "Cannel/Clay Zoning Ordinance"), provides for the establishrnentof a Planned Unit
12 Development District in accordance with the requirements ofI.e. ~ 36-7-4-1500 et seq.;
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14 WHEREAS, the Cannel/Clay Plan Commission (the "Commission") has given a
15 favorable recommendation to the ordinance set forth herein (the "Monon & Main Ordinance")
16 which establishes the Manon & Main Planned Unit Development District (the .'District").
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18 NOW, THEREFORE, BE IT ORDAlNED by the Common Council of the City of
19 Carmel, Indiana (the '.Council"), that (i) pursuant to Ie ~36-7-4-1500 et seq., it adopts this
20 Manon & Main Ordinance, as an amendment to the CarmeVClay Zoning Ordinance and it shall
21 be in full force and effect from and after its passage, (ii) all prior commitments shall be null and
22 void and replaced and superseded by this Manon & Main Ordinance,. and (iii) this Monon &
23 Main Ordinance shall be in full force and effect from and after its passage and signing by the
24 Mayor.
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26 Section 1 Applicability of Ordinance
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28 1.1. The Official Zoning Map of the City of Carmel and. Clay Township, a part of the
29 C armellC lay Zoning Ordinance, is hereby changed to designate the land described
30 in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be
31 known as Monon & Main.
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33 1.2. Development in the District shall be governed entirely by (i) the provisions of this
34 Manon & Main Ordinance and its exhibits, and (ii) those provisions of the
35 Carmel/Clay Zoning Ordinance specifically referenced in this Manon & Main
36 Ordinance. In the event of a conflict between this Manon & Main Ordinance and
37 the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this
38 Monon & Main Ordinance shall apply.
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4U 1.3. Any capitalized term not defined herein shall have the meaning as set forth in the
41 Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
42 Monon & Main Ordinance.
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Prepared by John R. Molitor, Carmel Plan Commission Attorney.
7/25/2008
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Section 2 Permitted Uses and Develoument Roouirements for Primary Area. Main
Street west of Range Line Road is a relatIvely intact example of street front retail. The emphasis
is on encouraging new construction and renovations that conform to the desired character and
prohibiting changes that do not conform to the existing character. The Primary Area wUI
enhance the pedestrian commercial activity in the Old Town District. All new construction of
and alterations and additions to buildings shall occur according to the following guidelines:
2.1. Use. The B3 Zoning Classification shall apply to the Primary Area and the
permitted uses for the Primary Area are set forth. in what is attached hereto and
incorporated herein by ,reference as Exhibit "B" (hereafter "Permitted Primary
Area Uses"). The Permitted Primary Area Uses shall be subject to the following:
A. No drive-through or drive-up facilities are allowed for any use. including
automotive. banking, or food sales.
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B.
Residential uses, including Attached Dw'ellings and Live/Work Dwellings,
shall be permitted.
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2.2. Building mass.
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New buildings and renovatio'ns shall follow the general massing of a
"Main Street" commercial block, i.e., a rectangular building with a flat or
slightly sloped roof, oriented perpendicular to the street.. .
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B.
Building Height shall not exceed forty five (45) feet in height.
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c.
The first Floor and all other Floors shall have a coordinated composition,
which will usually be indicated by the alignment of upper floor windows
and other features with openings and features of the first Floor. .
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2.3,
Materials.
A. The first Floor and upper Floors may be composed of different materials.
The Fa<;ade of the upper Floors on any building that faces a public street
may be constructed of woodsiding, Hardi-Plank, brick, stucco, or other
masonry units, and trimmed in stone, contrasting brick,. wood, or pre-cast
concrete. Any of the foregping materials may be painted.
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B.
The rust Floor of a. new or renovated building shall incorporate
arcQitectural elements consistent with the theme of promoting first Floor
storefronts and said storefront architectural elements may be inserted into
a masonry. wood,stone or concrete panel frame which is coordinated with
the upper Floor. Storefronts shall be a lightweight material including, but
not limited to, aluminum, glass. wood. tile. and panelized composites.
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c.
The materials in the rear of the building shall be coordinated with the front
Fa~ade, although they may be different.
Prepared by John R. Molitor. CarIJ1el Plan Commission Attorney. 2
7/25/2008
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D.
On the front Fa~ade. at least fifty percent (50%) of the total area of the
first Floor (up to the line of the second Floor) shall be transparent vision
glass.
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E.
Front and side Fa~ades of buildings located on corner lot? shall be of the '
same materials and similarly detailed.
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F.
Exterior walks, steps, ramps and paving shalf be masoriry or stone pavers,
or poured or pre-cast concrete.
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2.4. Architecture.
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A.
Building Renderings. Attached hereto and incorporated herein by
reference as Exhibit "C" are building renderings and elevations for the
buildings to be constructed in the Primary Area (hereafter "Building
Renderings for Primary Area").
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B.
Color Palate. Attached hereto and incorporated herein as Exhibit "K" is a
color palate (hereafter "Color Palate") depicting the range of acceptable
colors of the primary building materials for the buildings to be constructed
in the Primary Area and Secondary Area. The final color schemes shall be
approved by the Director pursuantto the Final De'velopment Plan approval
process.
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2.5.
Windows. Doors.
A. A separate entrance facing a public street shali be provided to the upper
Floors of a building if the use differs from the one on the ground Floor.
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B.
Each Boor shall have windows.
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2.6. Roof. Roofs shall have a pitch of less than three to twelve (3:12) and shall not be
a substantially visible part of the building.
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2.7. Alterations and Additions. Existing buildings may be, substantially modified to
conform to these guidelines, except for designated historic structures.
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2.8. Details.
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A.
Cornices and other details of existing buildings may not be. removed,
unless the building containing the Coinices and other details is completely
removed in its entirety as part of the Development of the District.
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B.
The Fa~ade should have a flat front, with relief provided by minor bays,
windows. and window trim, storefronts, recessed doors, and features such
as special' brick coursing, Pilasters and lintels.
Prepared by John R. Molitor, Cannel Plan Commission Attorney, 3
7/25/2008
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All new buildings shall have an articulated Cornice at the top of the
Fa<;ade wall.
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2.9. Setbacks.
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2.10.
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2.11.
2.12.
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A.
B.
Front Setback. The buildings shall be set back no more than eight (8) feet
'from the front property line to allow for entrances and/or patio areas.
S.ide Setback. There are no minimum side setbacks; however" mid-block
pedestrian access to rear parking shall be a minimum of six (6) feet wide.
Entrances.
B.
A. . The principal entrance to all retail areas shall face the public street.
Additional entrances may face the side of the building.
No rear entrances are allowed eXcept for residential or office uses,
emergency exits, employees, loading and trash removal.
Storefronts. Storefronts may be internally illuminated with spots or other
incandescent lighting, so as to display prominently and attractively the business or
its products. Exterior lighting may be affixed to .the building.
c.
Permanent Signs. Awnings and Murals,
A. Maximum sign area: First Floor occupants shall be allowed a total of one
and a half (1-112) square feet of sign for each linear foot of street frontage,
excep~ that no single sign may exceed Hurty-two (32) square feet in area.
B.
Freestanding permanerit~igns are prohibited.
C.
Building signs shall Jit. within the horizontal and vertical elements. of the
building and may npt obscure details of the building,
D.
Signs may be perpendicular or flat-mounted, including separately mounted
letters. Perpendicular signs may not extend more than five (5) feet from
the face of the building.
E.
No sign shall extend above the Cornice line ofthe building.
F.
Allowable signs may also be painted. in grapl1ics in storefront or upper
Floor windows., Signs may also be imprinted on awnings. Signs may also
be painted on the sides of buildings (see Subsection ll(j) below). All such
signs will be included in the calculations for maximum sign area.
Prepared by John R. Molitor, Cannel Plan Commission Anorney. 4
7/2512008
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Retractable or fixed fabric awnings are allowed, but these shall fit within
the storefront glass area and may not obscure details of the building.
Awnings may only be supported with building-mounted hardware.
H.
Individual tenants should strive for a unique graphic image, rather than be
required to conform to a single graphic style for the whole building.
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Portable signs or displays of merchandise within the street right-of-way,
sidewalk or the front setback of the building shall not be allowed.
J.
Graphics painted on the sides of buildings that are essentially commercial
in character or describe activities in the adjacent building shall be
considered "signs". Graphics painted on the sides of buildings are
otherwise permitted but shall be reviewed for conformance with this
regulation.
2.13. Parking and Loading Requirements.
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A.
Parking lots shall be located in the rear of the building only.
B.
Any Townhome or LivelWork Dwelling loeated in the Primary .\rea
which is used. in whole or in Dart. as a residence shall contain a minimum
of a two (2) car garage. The exterior of non-residential units in the
Primarv Area shall have the aDpearance of a two (2) car 2araee bv
maintaining oDerable garage doors. Additional parking for the Live/Work
Dwellings shall be provided for by inclusion of twenty four (24) on-street
parking spaces, as is depicted on the Development Plan.
c.
On-street parking may be used to fulfill parking requirements.
D.
Parking requirements may be reduced if businesses with substantially
different peak hour requirements agree to share parking. A petition shall
be filed with the application indicating the terms of agreement of parties to
a shared parking arrangement.
E.
While existing curb cuts may be maintained, no new curb cuts are allowed
on Main Street, and no parking lots or loading areas may front on Main
Street.
F.
Screened loading and trash areas shall be provided for all businesses at the
rear of the building.
33 Section 3 Permitted Uses and Development Requirements for Secondarv Area. This
34 Secondary Area will balance the pedestrian commercial activity in the Old Town District with
35 multi-family residences. All new construction, alterations and additions to buildings located in
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38 3.1. Use. Permitted Uses in the Secondary Area include:
Prepared by John R. Molitor, Carmel Plan Commission Attorney. 5
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A.
Multi-family residential uses, including Attached Dwellings
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B.
Accessory Uses, including Home Occupation
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3.2. Maximum Building Height: The maximum Building Height shall be three (3) .
Floors.
3.3 Minimum Set Backs: The Minimum Set Back from the north, west and east
perimeter boundary lines of the Secondary Area shall be five (5) feet. There shall
be no Minimum Set Back from the south boundary line of the Secondary Area.
3.4 Architecture
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A.
Building rendering and elevations: Attached hereto and incorporated
herein ~y reference as "Exhibit "0" are a rendering and elevations,
depicting the building materials and architectural elements of the buildings
which shall be constructed in the Secondary Area (hereafter "Building
Renderings for Secondary Area").
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8.
Community mail box structures: Attached hereto and incorporated herein
by reference as Exhibit "E" is a rendering of the community mail box
structures for the Secondary Area (hereafter "Secondary Area Community
Mail Box Structures").
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3.5
Parking. Notwithstanding the provisions of Section 2.~1l, each Townhome
shall contain a minimum of a two (2) car garage. There shall be additional
parking spaces provided on the site, as depicted on the Development Plan.
24 Section 4 AccessorY Buildinl!s. All Accessory Structures and Accessory Uses shall be
25 permitted except that any detached accessory building shown in any Development Plan shall
26 have on all sides the same architectural features or shall be architecturally compatible with the
27 principal building(s) with which it is associated.
28 Section 5 Communications EQuipment. Cell towers shall not be permitted in the District.
29 Home satellite dishes shall be permitted in the District.
30 Section 6 Plattinl!. The platting of the Real Estate into smaller tracts shall be permitted, so
31 long as the proposed plat complies with the requirements set forth herein, and the creation of a
32 new property line within the Real Estate shall not impose or establish new development
33 standards beyond those specified herein for the entirety of the Real Estate. Ho~ever, the
34 Development of any parcel shall conform to all Preliminary Development Plans and Final
35 Development Plans which are approved or amended per the terms of Section 13 below, and all
36 other applicable requirements contained in this Monon and Main Planned Unit Development
37 District Ordinance.
38 Section 7 Landscapinl!. Landscaping shall be required in accordance with the Landscape
39 Plan for the Primary Area and Secondary Area. All areas of the site not to be covered by
Prepared by John R. Molitor. Cannel Plan Commission Attorney. 6
7/25/2008
I buildings, hardscape materials or other improvements as shown on the Development Plan shall
2 be planted with trees, shrubs, hedges, ground covers, and/or grasses, unless such area consists of
3 attractive vegetation to be retained, as depicted on the Landscape Plan for the Primary Area and
4 Secondary Area, which is attached hereto and incorporated herein by reference as Exhibit "F".
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7.1 Planting Standards. Landscaping shall be integrated with other functional and
ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, or any water features; and planted at a ratio of six (6) shrubs per
unit and (I) one tree per unit. Deciduous trees planted to satisfy the landscaping
requirements of this Ordinance shall have at least a two and one-half (2-1/2) inch
caliper and seven (7) feet in height at the time of planting un less otherwise specified
herein or otherwise indicated on the Landscape Plan. Evergreen trees shall be a
minimum of six (6) feet in height at the time of planting. Shrubs shall be two (2)
feet in height at the time of planting. All trees, shrubs and ground covers shall be
planted according to accepted horticultural standards. Landscaping materials shall
be appropriate to local growing and climatic conditions. Plant suitability,
maintenance and compatibility with site construction features are critical factors
that should be considered. Plantings should be designed with repetition, structured
patterns, and complementary textures and colors, and should reinforce the overall
character of the area.
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7.2 Maintenance. It shall be the responsibi lity of the owners and their agents to insure
proper maintenance of project landscaping approved in accordance with this Monon
& Main Ordil1ance. This is to include, but is not limited to, irrigation and mulching
of planting areas, replacing dead, diseased, or overgrown plantings with identical
varieties or a suitable substitute, and keeping the area free of refuse, debris, rank
vegetation and weeds.
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7.3 Tree Conservation. Because the Developer intends to preserve the established trees
located along 'the North and W cst perimeters of the Real Estate, those areas located
along the North and West perimeters of the Real Estate are designated as "Tree
Conservation Areas" pursuant to the Landscape Plan. The Developer shall
implement reasonable efforts in an attempt to preserve those established trees,
including efforts such as fencing, trimming and/or other acceptable horticultural
practices and measures designed to preserve said trees. While the DeveLoper shall
implement reasonable efforts to preserve said trees, said trees may be removed by
the Developer pursuant to the Developer's reasonable discretion and Developer
may also remove said trees under any of the following circumstances:
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I. As is necessary to clear underbrush and dead trees;
2. As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, and utilities and drainage improvements and
infrastructure; and
3. As necessary for public health and safety.
Prepared by John R. Molitor. Carmel Plan Commission Attorney. 7
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7.4 Landscape Plans. Landscaping for the District shall be in accordance to: (i) the
Landscape Plan for the Primary Area and Secondary Area, which is attached hereto
and incorporated herein by reference as Exhibit "F".
Section 8
Lil!hfinl!
8.1. Front lighting for Primary Area and Secondary Area Buildings. Each building shall
have one (1) light fixture mounted to the front of the unit above or near the side of
the primary residential entryway. The light shall be as depicted on Exhibit "G-I."
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8.2 Rear lighting for Primary Area and Secondary Area Buildings: Each Townhome
shall have one (I) exterior grade light fixture mounted above the overhead garage
door. The lights shall be as depicted on Exhibit "G-2". Each Townhome shall have
one (I) exterior grade light fixture mounted on the rear of the unit designed to
provide light to the terrace area.
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8.3 Site Lighting: The site shall include small pole mounted lighting in locations as
depicted on what is attached hereto and incorporated herein by reference as Exhibit
"G-3". The light shall be as depicted on Exhibit "G-4".
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Section 9 Proiect Marketinl! Sil!ns. Marketing Signs for the sale of Townhome units shall
be allowed in designated areas as depicted on the Site Plan Marketing Sign Locations, which is
attached hereto and incorporated herein by reference as Exhibit "H-l". While Marketing Signs
may be moved in conjunction with project phasing, no more than three (3) locations may be
utilized at any given time. Marketing Signs shall be substantially similar to that as depicted on
what is attached hereto and incorporated herein by reference as Exhibit "H-2".
Section 10
Ril!ht ofWav Dedication and Roadwav Improvement Statement.
Section 10.1 Main.Street: Within the project area as depicted on the Conceptual Plan in
Exhibit "T", thirty-five feet (35') half-right-of-way will be dedicated to the City; since
buildings are located on the right-of-way line, the Developer shall install front
improvements within the right-of-way subject to this Monon & Main pun Ordinance;
such improvements will include sidewalks as depicted on the Conceptual Plan in Exhibit
"I".
Section 10.2 3rt! A venue Northwest: Within the project area as depicted on the
Conceptual Plan in Exhibit "1", the right-of-way will include the planned on-street
parking spaces and street improvements, which will include on-street parking and curb.
Section I 0.3 I st Street Northwest: Within the project area as depicted on the Conceptual
Plan in Exhibit "I", improvements will occur within the existing right-of-way and will
include on-street parking, curb and driveways as shown.
Section 11 Mechanical Equipment. Any mechanical equipment visible from an adjoining
public street shall be screened with suitable landscaping or fencing in general architectural
compatibility with the building(s) with which it is associated.
Prepared by John R. Molitor, Carmel Plan Commission Attorney. 8
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Section 12 Homeowners Association and Declaration of Covenants. The Developer shall
prepare and record a Declaration of Covenants which shaH also contain various provisions
regarding the Real. Estate as determined by the Developer, including, without limitation,
provisions for mandatory assessments and maintenance of common areas. The Declaration of
Covenants will also provide for the establishment of a Homeowners Association in which
membership shall be mandatory.
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Section 13
Approval Process:
13.1 Approval of the Develooment Plan.
A. Exhibit "I", which is attached hereto and incorporated herein by reference,
shall serve as the Conceptual Plan (the "CP"). The CP was assigned
Docket No. 04070036 ADLS/DP and the CP has been reviewed and
approved by the Plan Commission. The CP constitutes the Development
Plan and primary plat for the Real Estate. The architecture, design,
lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Monon & Main Ordinance, do
not require any further (i) ADLS approval or (ii) Development
Plan/primary plat approval other than Final Development Plan approval
per the procedure set forth below in this Section 13. If there is a
Substantial Alteration in the approved ADLS and Development
Plan/primary plat, review and approval of the amended plans shall be
made by the Commission, or a Committee thereot~ pursuant to the
Commission's rules of procedure. . Minor Alterations may be approved by
the Director.
B. The ..Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for the
District; provided, however, that the Director shall not unreasonably
withhold or delay the Director's approval of the FDP that is in substantial
conformance with the CP and is in conformance with the Development
Requirements and Development Standards of this Monon & Main
Ordinance. If the Director disapproves any FDP, the Director shall set
forth in writing the basis for the disapproval and schedule the request for
approval ofthe FDP for a hearing before the full Plan Commission.
C. An amendment to the FDP, which is not determined by the Director to be
a Substantial Alternation or Material Alteration from the approved CP,
may be reviewed and approved solely by the Director. However, in the
event the Director determines that there has been a Substantial Alteration
or Material Alteration between the approved CP and any proposed FDP,
the Director may, at the Director's discretion, refer the amended FOP to
Prepared by John R. Molitor, Carmel Plan Commission Attorney. 9
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the Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
D. The FDP shall be a specific plan for the development of all or a portion of
the Real Estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
Section 14
Rules of Construction:
]4.1 General Rules of Construction. The following general rules of construction and
definitions shall apply to the regulations ofthis Ordinance:
A. The singular number includes the plural and the plural 'the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement,
Section 15 Definitions
I. Accessory Structure, A structUre subordinate to a building or use located on the
Real Estate which is not used for permanent human occupancy.
2. Accessory Use. A use subordinate to the main use, located on the Real Estate or in
the same buildi'ng as the main use, and incidental to the main use.
3. Attached Dwelling. A Dwelling, including but not limited to, a Townhouse, duplex,
triplex, or quadriplex dwellings, developed side by side for sale as condominiums
or townhomes'pursuant to a horizontal property regime, or as fee simple dwellings
where land is sold with the dwelling.
4. Building Height. The vertical distance from the highest grade relative to the Street
frontage to the cornice line or to the roof edge line. The vertical distance from the
cornice line or the roof edge to the parapet of roof ridge (including gables), and the
height of towers, steeples, cupolas and other 'architectural roof embellishments are
not included in calculating building height.
5. City. The City of Carmel, Indiana.
6. Commission. The Carmel/Clay Plan Commission.
Prepared by John R Molitor, Cannel Plan Commission Attorney, 10
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7. Cornice. The top part of an entablature, usually molded and projecting.
8. Council. The City Council of the City of Carmel, Indiana.
9. County. Hamilton County, Indiana.
10. Declaration of Covenants. A Declaration "of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time, be
amended.
II. Plan, Conceptual. A general plan tor the development of the Real Estate that is
submitted for approval showing proposed facilities, buildings, and structures. This
plan generally shows landscape areas, parking areas, site access, drainage features,
and building locations. The Conceptual Plan is attached hereto and incorporated
herein by reference as Exhibit "I".
12. Development Plan. Final. A specific plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and structures.
This plan review includes general landscaping, parking, drainage, erosion control,
signage, lighting and building information for the site.
13. Development Requirements. Development standards and any requirements
specified in this Monon & Main Ordinance which must be satisfied in connection
with the approval of a Final Development Plan.
14. Developer. A person engaged in development of one or more phases of the
Development.
15. Development. The Real Estate constituting the District as it may be developed and
improved in accordance with this Ordinance and the Development Requirements
contained herein.
16. Development Plan. Also referred to as the Conceptual Plan, which is the plan for
the development of the District approved by the Commission, a copy of which is
attached hereto as Exhibit "I", as the same may be modified from time to time
pursu"ant to Section 13. Also referred to as Preliminary Development Plan.
17. 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.
18. District. Approximately 4.45 acres of land described in Exhibit "A" attached hereto
and incorporated herein.
Prepared by John R. Molitor. Cannel Plan Commission Attorney 11
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19. DweJling. A room or combination of rooms which may be designed for year-round
habitation, containing a bathroom and kitchen facilities, which may be designed for
and/or used as a permanent residence by at least one person. See also "Attached
Dwelling" and "Live/Work Dwelling."
20. Facade. A building face or wall.
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substitution of one material, species, element, etc. for another.
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23. Minor Alteration: 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.
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24. Landscape Plan. The general design for landscaping in the District depicted on the
Development Plan or on a plan or drawing submitted to the Department.
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25. Landscaping. Trees, shrubs, hedges, flowers ground covers grasses, other plant
materials and associated structures and improvements.
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26. Live/Work Dwelling. A type of Attached Dwelling in which the uses permitted in
the Primary Area are permitted in the Live/Work Dwelling pursuant to Section 2 of
this Ordinance. The first floor, only, of an)' Live/Work Dwelling may be utilized
for the ReR residential uses pursuant to Section 2 of this OreliR8.Rce.
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27. Marketing Sign. A temporary sign which advertises the sale, rental or development
of the premises upon which it is located.
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28. Mixed Use. The combination of both commercial and residential uses within a
single building of two or more stories.
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29. Modification. A change to the Development Requirements approved pursuant to
Section 13.
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30. Open Space. A land surface within the Development intended to enhance the use
and enjoyment of residents of the Development, where designated, the community
at large. Grass and landscaped areas, hardscape materials, paths and sidewalks may
be i!lcluded in the required area calculations.
3]. Owners' Association. An Indiana nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of Monon & Main, and
to manage, maintain, and repair the common areas within the Real Estate and any
improvements located thereon.
32. Pilaster. A column partially embedded in a wall.
Prepared by John R. Molitor. Carmel Plan Commission Attorney. 12
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33. Primary Area. That part of the District more particularly delineated in green on the.
Primary Area and Secondary Area Map attached hereto and incorporated herein as
Exhibit "J". The line delineating the Primary Area boundaries may be adjusted by
ten (10) feet to the north or south.
34. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described
in Exhibit "A".
35. Riftht-of-Wav: An area of land permanently dedicated to provide light, air and
access.
36. Secondary Area. That part of the District more particularly delineated in yellow and
located north of thc Primary Area as more particularly delineated on the Primary
Area and Secondary Area Map attached hereto and incorporated herein as Exhibit
"J". The line delineating the Secondary Area boundaries may be adjusted by ten
(10) feet to the north or south.
37. set Back: The least measured distance between a building or structure, excluding,
however, porches, patios, and the perimeter boundary of the Real Estate. For
purposes of determining Set Back, the perimeter boundary of the Real Estate
(i) shall alw:ays mean and refer to the outside perimeter boundary line of the Real
Estate and (ii) shall not be changed or reduced by reason of the platting or
subdivision of the Real Estate into smaller parcels.
38. Sign: Any type of sign as further defined and regulated by this Ordinance and the
Sign Ordinance for Carmel-Clay Township, Ordinance Z-]96, as amended.
39. StOry and/or Stories. A habitable level and/or levels within a building no more than
16 feet in height from floor to ceiling. A basement, although wholly or partially
habitable, is not. a story unless more than fifty percent (50%) of the basement
elevation is above grade at the build-to line.
40. Street. The paved areas located in the District designed for vehicular traffic and
labeled on the Development Plan as a street with a corresponding name.
41. Substantial Alteration: 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, total square
footage of all buildings, or approved materials.
42. Townhome: A Dwelling of two (2) or more Dwellings arranged side by side,
separated by common walls between living areas, each having more than one story.
43. Townhome Building: A structure containing Townhomes.
44. Trim: Soffits, architraves, wood reveals, and casement around doors and windows.
Prepared by John R. Molitor. Carmel Plan Commission Attorney. 13
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Section 16
Violations
16.1 All violations of this Monon & Main Ordinance shall be subject to Section 34.0 of
the Carmel/Clay Zoning Ordinance.
Prepared by John R. Molitor, Cannel Plan Commission Attorney. 14
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I EXHIBIT" A"
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3 Lce:al Description
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5 DESCRIPTION OF REAL EST A TE OF FREDERICK P. HINSHAW
6 AND NANCY B. HINSHAW
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9 TRACT 1
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11 A part of the East Half of the Northeast Quarter of Section 25, Township 18 North, Range 3
12 East, described as follows: Beginning 69 rods 4 feet 6 inches West of the Southeast corner of
13 said Quarter section, run thence North 18 rods 7 feet, thence West 10 rods, thence South 18 rods
14 7 feet, thence East 10 rods to the place of beginning, the same being located in the Town of
15 Carmel, Hamilton County, Indiana, containing].] 5 acres, more or less.
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] 7 Subject to the right of way for Main Street (] 31st Street).
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19 Subject to all legal easements and rights of way.
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21 TRACT 2
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23 Part of the East Hal f of the Northeast Quartcr of Section Twenty-Five (25), Township ,Eighteen
24 (18) North, Range Three (3) East, described as follows: Begin 51 rods and 14 feet West of the
25 Southeast corner of said Quarter Section and run North] 8 rods and 7 feet, thence West 15 rods
26 and 10 feet, thence South 18 rods and 7 feet, thence East 15 rods and] 0 fee~ to the place of
27 beginning, in Hamilton County, Indiana, containing 1.80 acres, more or less.
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29 Subject to the right of way fqr Main Street (131 st Street)
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31 Subject to aU legal easements and rights of way.
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33 TRACT 3
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35 A part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 18 North,
36 Range 3 East in Hamilton County, Indiana, more particularly described as follows: Begin at the
37 Southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 25, and run
38 thence North on the East line of said Quarter Quarter.Section 307 feet; thence West parallel with
39 the South line of said Quarter Section 212.83 feet; thence South parallel with said East line, 307
40 feet to the South line of said Quarter Section; thence East on said South line 212.83 feet to the
41 place of beginning, containing] .50 acres, more or less.
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43 Subject to the right of way for Main Street (131 St Street)
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45 Subject to all legal easements and rights of way.
Prepared by John It Molitor, Carmel Plan Commission Attorney. 15
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1 EXHIBIT "B"
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3 The following is a Schedule of Permitted Uses pertaining to the use and development of the
4 Primary Area:
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6 RE~DENTUL
7 Multiple Family Dwelling
8 Home Occupation
9 Boarding or Lodging House
10 Nursing/Retirement/Convalescent Facility Live/Work Unit
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12 OFFiCE
13 Clinical or Medical Health Center Research Laboratory/Facility
14 General Offices
15 Professional Offices
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17 INSTITUTiONAL
18 ChurchlTemple/Place of Worship
19 Hospital
20 Library
21 Post Office
22 Public Service Facility
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24 EDUCATIONAL
25 School, Trade or Business
26 College or University
27 Day Nursery/Day Care Kindergarten/Preschool
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29 RETAIL & SERVICE
30 General Retail Sales
3 I General Service
32 ,A.utomoeile Serviee StatioA
33 . ,A.utomeeile.'Truelc Repair (iAdoor)
34 Dry CleaAiAg EstablishmeAt ("vi OR site plant)
35 Dry Cleaning Establishment (w/out on-site plant)
36 Equipment Sales/Repair (indoor)
37 Financial Institution
38 A TM
39 f\:lAeral Home/Mortuary/Crematory
40 Reereatioflal Vehiele/Mosile Hame Sales
41 Roadside Sales Stand
42 Self-Service Laundry
43 Veterinary Hospital'w/out commercial kennel
44 Wholesale Sales
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Prepared by John R. Molitor, Carmel Plan Commission Attorney. 16
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CULTURAUENTERTAIN1\1ENT
Art Gallery
Art & Music Center
Carnivals, Fairs, Cirel:lses, cte.
Hotel
Hatel (ful1 service)
Indoor Theater
C~tering Establishment
Restaurant, w/out drive-thru food sales
Meeting or Party Hall
Tavern/Night CIl:lb
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INDUSTRIAL
Storage aRd/er Sale of Petrolel:lm Products
Printing/Publishing Establishment
AG..T.'.1CULTURAL USES
PlaRt 'Nl:lrsery
General :\grieulture
RECREA TIONAL
Commercial Recreational Facility, Indoor
Commercial RecreatieA!i1 Faeility, Ol:ltaeer
Country Cll:lb
Gelf CCl1:lcse
Private Club or Lodge
Private Recreational Facility
Park, Public
SHeeting Gallery
},fISCELLtVEOUS
,A.rtifieial Lake or PORd (non platted)
Cem.etery
Cemmereial ParlciRg Lot
TRANSPORTATION & COMMUNICATION
Collocated Antenna
Radio and/or Television Studio
RadiolTelevision Transmission Antenna
Radio/Television Transmission Tov/er
Tmver
Motor Bus or Railroad Passenger Station
Prepared hy John R. Molitor, Carmel Plan Commission Attorney_ 17
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