HomeMy WebLinkAboutDevelopment Plan 04-29-03
Weston Poz.nte
presented to the
Carmel Clay Plan Commission
March 2003
A Pittman Community
CONfEX1~ 1~C.
Pctul I. Cripe} Inc.
Perkifls VonDrylen & Associate.f} P.c.
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WESTON POINTE
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RECFIVED
APR 29 2003
DOCS
CARMEL, INDIANA
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Submitted By-
Pittman Partners, Inc.
Carmel, IN 46032
Project Land Planners:
Context Landscape Architects
Project Architects:
Perkins Von Deylen
Project Engineer:
Paul L Cripe, Inc.
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I. Development Report
II. Zoning Ordinance Z-404~03
III. Zoning Ordinance Z-408-03
IV. Commitments Concerning the Use of the Real Estate
v. Zoning Applications
VI. Location Map
U VII. Zoning Map - "Michigan Road Area"
VIII. Aerial Map
IX. Conceptual Development Plan
x. Conceptual Commercial .Building Elevation
XI. B-2 Zoning Ordinance
XII. R-4 Zoning Ordinance
XIII. US Highway 421 - Michigan Road Corridor Overlay Zone
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Pittman Partners is proposing to rezone approximately 34.8 acres of property, located at 11300 North
Michigan Road in Carmel, Indiana. This petition received a unanimous favorable recommencbtion from
the Carmel/Clay Plan Commission in April of2003. We are requesting to rezone the front 14.8 acres to a
B-2 Business Zoning Classification and the back 20 acres to an R-4 Residential Zoning Classification. As
planned, this site would have a divided landscaped entry road that would serve the commercial property and
lead into the residential property with a fonnal roundabout. While the final design of the commercial area
is unknown, it is subject to the Michigan Road/US 421 Overlay Zone requiremnts. One could anticipate
that the architecture styles would be of the Georgian, Greek Revival or Federal styles since these styles
transition well into our more formal neotraditional design layout of the townhomeand/or condominium
area, The Weston Pointe TownhomelCondominium area will be subject to the Residential Open Space
Ordinance and will be well accented with village greers, landscaped courtyards, a mature tree preserve to
the east and beautiful architecture.
The developer, Pittman Partners, Inc., project land planner and landscape architect, Mr. Craig Glazier of
CONTEXT, project architects Perkins VonDeylen, along with the civil engineering firm of Paul I Cripe
Engineers were given the task oflaying out and designing a piece of property thatwas subject to many
challenges and opportunities. The property is long and narrow. It is currently zoned S-l but is adjacent to
US 421 and subject to the Michigan RoadlUS 421 Overlay Zone Requirements. The site is suo.ounded by a
myriad of uses. To the west are vacant properties that are in the US 42 I Overlay Zone and will eventually
be developed into commercial properties. These sites are partially in Carmel's' and partially in Zionsville's
planning jurisdictions. To the south, Weston Pointe is adjacent to vacant property zoned B-2 and
residential property that has an existing stub street into Weston Pointe and was developed utilizing the old
cluster option that has since been repealed. The residential development is called The Westons andis also
to the east of the property. To the north is undeveloped property zoned S-l and developed property zoned
B-3. Weston Pointe is clearly a transitional property that lends itself to mixed llses.
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As the developer, we will provide commercial uses that are canplimentary to the residential uses and do not
detract from these areas. In addition, landscaping, lighting, signage and special architectural treatments will
make Weston Pointe a mixed use development that not only blends in well with the surrounding ar~ but
also complements the area and enhances one's experiences ifthey choose to live or work in Weston Pointe.
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Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-404-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the property known as Weston Pointe (as proposed}from the S-l/Residence District
Classijication to the B-2/Business District Classification
WHEREAS, the Cannel/Clay Plan Commission has favorably recommended the rezoning of
the real property, the legal description of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section I:
That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby
changed to designate the real property from the S-l/Residence District Classification to the B-
2/Business District Classification.
Section II:
All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed.
Section III:
This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor.
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Ordinance No. Z-404-03 PASSED by the Common Council of the City of Cannel, Indiana this
_ day of 2003, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Luci Snyder, President Pro Tempore
John R. Koven
Robert Battreall
N. L. Rundle
Ronald E. Carter
Wayne Wilson
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U ATTEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Ordinance No. Z-404-03 Presented by me to the Mayor of the City of Carmel, Indiana this
_ day of
2003, at
.M.
Diana L. Cordray, lAMC, Clerk-Treasurer
Ordinance No. Z-404-03 Approved by me, Mayor of the City of Carmel, Indian~ this ~
-
day of
2003, at
.M.
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James Brainard, Mayor
ATTEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Prepared by:
Steve Pittman
PO Box 554
Carmel, IN 46082
(317)580-9693
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Ordinance No. Z-404-03
Exhibit A
LEGAL DESCRJPTlON
Weston Pointe
Rezone of property commonly known Weston Pointe from S-l/Residential to B-
2/Residential. Also described by the foLlowing boundary description:
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in Clay
Township, Hamilton County, Indiana,
Commencing at the Northeast comer of the Southwest Quarter of Section 6, Township 17 North,
Range 3 East; thence along the north line of said quarter section South 89 degrees 56 minutes 26
seconds west a distance of 1377 .69 feet to the point of begimung of the herein described tract;
thence parallel with the centerline of U.S. Highway 421 South 15 degrees 04 minutes 16 seconds
East a distance of761.26 feet to the northern line of The Village at Weston Place, Section 2, as
recorded as Instrument No 9626949, in Plat Cabinet 1, slide 686, in the Office of the Recorder of
Hamilton County, Indiana; thence along said northern line, North 89 degrees 49 minutes 00
seconds West a distance of 881.57 feet to said centerline; thence along said centerline, North 15
degrees 04 minutes 16 seconds West a distance of 757.39 feet to the north line of said quarter
section; thence along said north line, North 89 degrees 56 minutes 26 seconds East a distance of
880.56 feet to the point of beginning, containing 14.826 acres (645811.09 square feet).
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Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-408-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the property known as Weston Pointe (as proposed) from the S-l/Residence District
Classification to the R-4/Residence District Classification
WHEREAS, the Cannel/Clay Plan Commission has favorably recommended the rezoning of
the real property, the legal description of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section I:
That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby
changed to designate the real property from the S-llResidence District Classification to the R-
4/Residence District Classification.
Section II:
All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed.
Section III:
This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor.
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Ordinance No. Z-408-03 PASSED by the Conunon Council of the City of Carmel, Indiana this
_ day of 2003, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Luci Snyder, President Pro Tempore
John R. Koven
Ro bert Battreall
N. L. Rundle
Ronald E. Carter
Wayne Wilson
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u ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-408-03 Presented by me to the Mayor of the City of Carmel, Indiana this
_ day of
2003, at
.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-40S-03 Approved by me, Mayor ofthe City of Carmel, Indiana, this_
day of
2003, at
.M.
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James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk~ Treasurer
Prepared by:
Steve Pittman
PO Box 554
Carmel, IN 46082
(317)580-9693
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Ordinance No. Z-408-03
Exhibit A
LEGAL DESCRIPTION
Weston Pointe
Rezone of property commonly known Weston Pointe from S-l/Residential to R-
4IResidential. Also described by the following boundary description:
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in Clay
Township, Hamilton County, Indiana,
Commencing at the Northeast comer of the Southwest Quarter of Section 6, Township 17 North,
Range 3 East; thence along the north line of said quarter section, South 89 degrees 56 minutes 26
seconds West a distance of 20.00 feet to the northwest comer of Park at Weston Place, Section
Three, recorded as Instrument No. 9736778, in Plat Cabinet 2, slide 18, in the Office of the
Recorder of Hamilton County, Indiana, and the point of beginning of the herein described tract;
thence parallel with the east line of said quarter and along the west line of Park at Weston Place,
South 00 degrees 48 minutes 27 seconds West a distance of 665.32 feet to the northern line of
The Village at Weston Place, Section 2, as recorded as Instrument No 9626949, in Plat Cabinet
1, slide 686, in the Office of the Recorder of Hamilton County, Indiana (the next three calls being
along said northern line); (1) North 89 degrees 49 minutes 00 seconds West a distance of711.52
feet; (2) South 00 degrees 48 minutes 27 seconds West a distance of74.91 feet; (3) North 89
degrees 49 minutes 00 seconds West a distance of 437.80 feet; thence parallel with the centerline
of U.S. Highway 421, North 15 degrees 04 minutes 16 seconds West a distance of761.26 feet to
the north line of said quarter; thence along the north line of said quarter, North 89 degrees 56
minutes 26 seconds East a distance of 1357.69 feet to the point of beginning, containing 20.000
acres (871,200.00 square feet).
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL EST ATE
Pittman Partners, Inc., an Indiana Corporation. its nominee or assignee (hereafter,
"Owner"), the Contract Purchaser of the real estate located in Hamilton County, Indiana,
and described in Exhibit "A" and Exhibit lOB" hereto (hereafter, "Real Estate"). makes the
following Commitments to the Carmel Plan Commission (hereafter, "Commission").
1. Description of Real Estate:
A. See Exhibit "A" - Legal Description of R-4 Zoned Property
B. See Exhibit "B" - Legal Description of B-2 Zoned Property
2. Docket Numbers 33-03 Z and 32-03 Z
3. Statement of Commitments For the Property Described in Exhibit A:
c.
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E.
F.
G.
H.
A. There will not be any pole mounted street lights.
B. All townhome residential units built will have their own deeded lot and all
condominium residential units will be built utilizing a horizontal property
regime ("HPR").
All units that are 3 - story townhome or condominium construction will be
limited to brick and hardie plank.
All 2 story townhome or condominium construction will be limited to brick or
stone and a minimum of vinyl.
All use of vinyl will be of similar quality and colors as that used in the
adjacent residential neighborhood known as "The Westons."
The southern property line and northern property line will have a minimum
building setback and or greenbelt buffer of 30'
The Owner wilIbuild a 6' shadow box fence on the southern property line.
The Owner will submit an acceptable landscape plan during the Primary
Platting process that includes trees that are "balled and burlapped" and tree
transplanted trees that have a caliper size of 3" to 6" in the south greenbelt
buffer.
1. The east property line will have a minimum setback of 150'. The portion of
the 150' setback area that does not have any drainage improvements will
remain as natural area unencumbered by any trails or paths.
J. The site will be developed to comply with the R-4 Zoning Designation
utilizing the Residential Open Space Ordinance (ROSa III).
K. All residential construction will be limited to 2-story or 3-story construction.
L. No 3-story construction will be allowed within 100' of the south property line,
within 200' of the east property line, and 100' of the north property line of the
Real Estate adjacent to surrounding properties with a zoning classification of
S-1.
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M. Owner agrees to follow all erosion control requirements of the Hamilton
County Soil and Conservation Service to limit any silt entering into The
Westons drainage system.
N. Monitor Lane will only connect into the Real Estate if required by the City of
Carmel or' the Hamilton County Highway Department. The Owner is willing
to provide pavers and an emergency access gate in lieu of a connecting street
at the direction of the City of Carmel or Hamilton 'County Highway
Department.
O. The Owner further commits that the Real Estate could not be utilized as a
mobile home park.
P. The Owner further commits that adequate right of way will be provided to
allow for a future connection into the undeveloped property to the north.
4.
Statement of Commitments For the Property Described in Exhibit B:
A. All of the Real Estate described in Exhibit B is subject to the US Highway
421 - Michigan Road Corridor Overlay Zone.
B. The Owner further commits that the maximum square footage of finished
commercial space shall not exceed 150,000 square feet.
C. The Owner further commits that the portion of the Real Estate described in
Exhibit B that is adjacent to "The. Westons" will have a minimum building
setback line of 1 00'.
D. The Owner further commits to work with the City of Carmel to determine the
best point of ingress and egress on the north or south end of the Real Estate.
5.
Binding on Successors and Assi2ns: These Commitments ,are binding on the
Owner of the Real Estate, each subsequent Owner of the Real Estate, and each
other person acquiring an interest in the Real Estate, unless modified or
termil}ated by the Commission. These Conunitments may be modified or
term.inated from time to time only by a decision of the Commission made after
notice and a public hearing as provided by the rules of the Commsssion.
6.
Effective Date: The Commitments contained herein shall be effective upon the
final adoption and passage into law of an ordinance by the Common Council of
Carmel, Indiana reclassifying the Real Estate from the S-l Residence District
Classification to the R-4 Residence District Classification and the B-2 Business
District Classification and shall remain in effect so long as said ordinance remains
in effect.
7.
Recording: The undersigned hereby authorizes the Secretary of the Commission
to record these commitments in the Office of the Recorder of the Hamilton
County, Indiana, following the Effective Date.
8.
Enforcement: These Commitments are enforceable by the Commission and the
City of Carmel, Indiana.
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Executed this
day of April, 2003.
PITTMAN PARTNERS, INC.
By:
Steve A. Pittman
President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Steve A. Pittman, the President of Pittman Partners, Inc. who
acknowledged the execution ofthe foregoing Conunitments.
WITNESS my hand and Notarial Seal this
day of April, 2003.
My Conunission Expires
Notary Public, State of Indiana
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Residing in
County
Printed
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CONSENT OF OWNER:
The undersigned, Lawson Clark, the attorney in fact for the fee simple owners of
the Real Estate, Carolyn Ford Pennington and The Estate of Donald L. Ford, hereby
consents to the foregoing Commitment Concerning The Use and Development of Real
Estate.
Lawson Clark: Attorney in Fact For
Carolyn Ford Pennington and The
Estate of Donald L. Ford
STATE OF INDIANA )
) SS:
COUNTY OF MARlON )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Lawson Clark and acknowledged the execution of the
foregoing Consent of Owner.
WITNESS my hand and Notarial Seal this
day of April, 2003.
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My Commission Expires
Notary Public, State of Indiana
Residing in
County
Printed
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EXHIBIT A
R-4 AREA ZONING DESCRIPTION
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17
North, Range 3 East; thence along the north line of said quarter section, South 89 degrees
56 minutes 26 seconds West a distance of 20.00 feet to the northwest corner of Park at
Weston Place, Section Three, recorded as Instrument No. 9736778, in Plat Cabinet 2,
slide 18, in the Office of the Recorder of Hamilton County, Indiana, and the point of
beginning of the herein described tract; thence parallel with the east line of said quarter
and along the west line of Park at Weston Place, South 00 degrees 48 minutes 27
seconds West a distance of 665.32 feet to the northern line of The Village at Weston
Place, Section 2, as recorded as Instrument No 9626949, in Plat Cabinet 1, slide 686, in
the Office of the Recorder of Hamilton County, Indiana (the next three calls being along
said northern line); (1) North 89 degrees 49 minutes 00 seconds West a distance of
711.52 feet; (2) South 00 degrees 48 minutes 27 seconds West a distance of 74.91 feet;
(3) North 89 degrees 49 minutes 00 seconds West a distance of 437.80 feet; thence
parallel with the centerline. of U.S. Highway 421, North 15 degr~es 04 minutes 16 seconds
West a distance of 761.26 feet to the north line of said quarter; thence along the north line
of said quarter, North 89 degrees 56 minutes 26 seconds East a distance of 1357.69 feet
to the point of beginning, containing 20.000 acres (871,200.00 square feet).
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EXHIBIT B
B-2 AREA ZONING DESCRIPTION
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17
North, Range 3 East; thence along the north line of said quarter section South 89 degrees
56 minutes 26 seconds west a distance of 1377.69 feet to the point of beginning of the
herein described tract; thence parallel with the centerline of U.S. Highway 421 South 15
degrees 04 minutes 16 seconds East a distance of 761.26 feet to the northern line of The
Village at Weston Place, Section 2, as recorded as Instrument No 9626949, in Plat
Cabinet 1, slide 686, in the Office of the Recorder of Hamilton County, Indiana; thence
along said northern line, North 89 degrees 49 minutes 00 seconds West a distance of
881.57 feetto said centerline; thence along said centerline, North 15 degrees 04 minutes
16 seconds West a distance of 757.39 feet to the north line of said quarter section; thence
along said north line, North 89 degrees 56 minutes 26 seconds East a distance of 880.56
feet to the point of beginning, containing 14.826 acres (645811.09 square feet).
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PETITION TO CHANGE THE OFFlCIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE
<R;EZONE APPLICATION)
$700 plus $35.00 per acre
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Date: January 16, 2003
Docket No.: 3?- - OS :z.
Don Ford & .
Name of Owner: Carolyn penni ngton Phone No.: 317 - 873-9790
Address of Owner: 4490 - l2lst Street West
.y
Zionsville, IN 46077
Record of Ownership: Deed Book: 291 Page: 250
Legal Description (Use additional pagers] if necessary):
see attached leqal description
Purchase Date:
Common Address of Property Involved (or General Description if no Address Exists):
11300 Block of North Michigan Road
Proposed Zoning Change: From the ~ District to the B-2 District, for the ~roperty shoym
outlined in red on the map attached hereto, which is made a part of this petition. .
Statement of compliance with the Carmel/Clay Comprehensive Plan
(use additional pages if necessary): .
Commercial/Business uses within the 421 Overlay Zone
AFFIDAVIT
L}l or We), being duly sworn, depose and say that (I or We) (am or are) the (owner or owners) of Fifty Percent
(50 %) or more of the property involved in this application and that the foregoing signatures, statements, and
~.. w. ers he. rein C!lntalljed and the. inf.. ormation m-. s SIlulbmitted are. in all. resp.. ects true an. d correct to the best
~M_~A V~w{~tfwtlt-
Donald~~d Carolyn Ford Pennington
Name Name
4490 - 121st Street West 4490 - 121st Street West
Address . Address
Zionsville, IN 46077 Ziunsville, IN 46077
City, State City, State
The applicant, correspondent, or agent (if different from owner or mvnets)
Steve Pittman (applicant)
Name
(317) 580-9693
Telephone
January 16., 2003
Date
Gary Murray (agent)
Name
(317) 842-6777
Telephone
January 16, 2003
Date
(_.)3tate of Indiana
County of 'T;iJJO vLf
)
) SS:
)
. Before me the undersigned, a Notary Publicfor ~ f/ 61 fLl
. . (officer's county of residence)
County, State of Indiana, personally .ppea:r.JnwSfVl V ~I!l,/;ro
(name of person) .
acknowledged the execution of the foregoing instrument this
_)111U, file). ,20.1$
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. day of
My commission eXPires:~~Ci]tJ/~.'Ubt'
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PROPOSED B-2 AREA ZONING DESCRIPTION
A part of the ofthe Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17
North, Range 3 East; thence along the north line of said quarter section South 89 degrees
56 minutes 26 seconds west a distance of 1377.69 feet to the point of beginning of the
herein described tract; thence parailel with the centerline of U.S. Highway 421 South 15
degrees 04 minutes 16 seconds East a distance of 761.26 feet to the northern line of The
Village at Weston Place, Section 2, as recorded as Instrument No 9626949, in Plat
Cabinet 1, slide 686, in the Office of the Recorder of Hamilton County, Indiana; thence
along said northern line, North 89 degrees 49 minutes 00 seconds West a distance of
881.57 feet to said centerline; thence along said centerline, North 15 degrees 04 minutes
16 seconds West a distance of 757.39 feet to the north line of said quarter section; thence
- along said north line, North 89 degrees 56 minutes 26 seconds East a distance of 880.56
feet to the point of beginning, containing 14.826 acres (645811.09 square feet).
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONlNG ORDINANCE
(REZONE APPLICATION)
$700 plus $35.00 per acre
Date: January 16, 2003
Docket No.: 33 - 03 L-
Oon Ford &
Name of Owner: Carolyn Pennington Phone No.: 317 - 873-9790
Address of Owner: 4490 - 121st Street West
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Zionsville, IN 46077
Record of Ownership: Deed Book: 291 Page: 250
Legal Description (Use additional pagers] if necessary):
see attached legal descriptiun
Purchase Date:_
Common Address of Property Involved (or General Description if no Address Exists):
11300 Block of North MichiQan Road
. .
Proposed Zoning Change: From the .2.:..L District to the-B.:...! District, for tb.e' property shown
outlined in red on the map attached hereto, which is made a part of this petition.
Statement of compliance with the CarmeVClay Comprehensive Plan
(use additional pages if necessary):
Buffer use between US 421 commercial uses and residential uses to the east.
AFFIDAVIT
U(I or We), being duly sworn, depose and say that (I or We) (am or are) the (owner or owners) of Fifty Percent
(50%) or more of the property involved in this application and that the foregoing signatures, statements, and
rs herein contained and the information here
. oro )_"f9b~~
Donal d ord ~l
Name
4490 - 121st Street West
Address
Zionsveville, IN 46077
City, State
th s bmi e in.~a1l rn. ts true and correct to the best
.. ) L(/tW I-
Carolyn Ford.Pennington .
Name
4490 - 121st Street West
Address
Zionsvil1e, IN 46077
City! . State
The applicant, correspondent, or agent (if different from owner or owners)
Steve Pittman (applicant)
Name
(317) 580-9693
Telephone
January 16, 2003
Date
Gary Murray (agent)
Name
(317) 842-6777
Telephone
January 16, 2003
Date
ustate of Indiana
County of ~ (? if) YV't-
)
) S5:
)
Before me the undersigned, a Notary Public for .1< (1 t rl,f
. (officer's county .ofresidence)
. County, StateofIndiana, pe~sonally.appeared ~ ~~tl~ .
. (name of person)
acknowledged the execution of the foregoing instrument this
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(i~t:ffif!t)
,SLI It I ~< f-h/ll (/11
(printed 0/ typed)
/1 ",.c
day of
My commission expires:, k J J?2fjtJ(r;
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PROPOSED R-4 AREA ZONING DESCRIPTION
U A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17
North. Range 3 East; thence along the north line of said quarter section, South 89 degrees
56 minutes 26 seconds West a distance of 20.00 feet to the northwest corner of Park at
\Neston Place, Section Three, recorded as Instrument No. 9736778, in Plat Cabinet 2,
slide 18, in the Office of the Recorder of Hamilton County, Indiana, and the point of
beginning of the herein described tract; thence parallel with the east line of said quarter
and along the west line of Park at Weston Place, South 00 degrees 48 minutes 27
seconds West a distance of 665.32 feet to the northern line of The Village at Weston
Place, Section 2, as recorded as Instrument No 9626949, in Plat Cabinet 1 J slide 686, in
the Office of the Recorder of Hamilton County, Indiana (the next three calls being along
said northern line); (1) North 89 degrees 49 minutes 00 seconds West a distance of
711.52 feet; (2) South 00 degrees. 48 minutes 27 seconds West a distance of 74.91 feet;
(3) North 89 degrees 49 minutes 00 seconds West a distance of 437.80 feet; thence
parallel with the centerline of U.S. Highway 421, North 15 degrees 04 minutes 16 seconds
West a distance of 761.26 feet to the north line of said quarter; thence along the north line
of said quarter, North 89 degrees 56 minutes 26 seconds East a distance of 1357.69 feet
to the point of beginning, containing 20.000 acres (871,200.00 square feet).
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Location Map
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CITY OF CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE
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CARl\fELlCLA Y ZONING ORDINANCE
CHAPTER 13: B-2/BUSINESS DISTRICT
13.00 B-2/Business District.
13.01 Permitted Uses.
1302 SpecialUses.
13.03 Accessory Buildings and Uses.
13.04 Height and Area Requirements.
13.05 Parking and Loading Berth Requirements.
J 3.00 B-2lBusiness District
13.00.01 Purpose and Intent.
Thc purpose of this district is to provide primarily for heavy commercial and office uses to be
developed as a unit or on individual parcels. The intent is to provide an area where heavy
businesses may locate with minimal requirements.
13.00.02
A.
Plan Commission Approval.
Development Plan. Not required.
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B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B-2 District prior to the
issuance of an Improvement Location Permit by the Department. Once appmved by the
Commission the Architectural I;.lesign, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
Sec. 13.00 amended per Ordinance No. Z-369-02; fq.
13.01 Permitted Uses:
Any use pennitted in the B-1 District (Section 12.01).
Art and music center
Conunercial warehouse storage
Contractors storage facility
Day nursery
Enclosed storage warehouse
Extenninating shop
Feed store
Food products distributing station
Fuel or ice sales
Grain elevator
Chapter 13: B-2/Business District
13-1
as amended per Z-320; Z-365-01; Z-369-02
Summer 2002 vI
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CITY OF CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE
Job printing shop
Kindergarten
Laundry or dry cleaning plant
Lumber or building materials storage (unenclosed)
Machine shop
Newspaper publishing or printing plant
Plant nursery
Radio or television transmission tower
Sheet metal shop
Sign shop
Specialized contractor shop
Welding shop
Wholesale establishment
13.01.0 I Minimum Area Requirements:
Use
Minimum Area
(Acres)
Day nursery
Kindergarten
Plant nursery
One (1)
One (I)
Ten (10)
13.0 1.02 Other Requirements: Same as B-1 District regulations of Section 1201.02.
13 ,02 Special Uses: (See Chapter 21 for additional regulations.)
Artificial lake or pond (not a part of a plat)
Boarding or lodging house
Cemetery
Church, temple or other place of worship
College or University
Commercial recreational enterprise or facility
Conunercial sanitary landfill or refuse dump
Fraternity or sorority
Hotel, motel
Junk or material and/or salvage yard
Mineral extraction, borrow pit, top soil removal and their storage
Mobile home, temporary uses (one (1) year maximum)
Outdoor theater
Penal or correctional institution
Private recreational development or facility
Chapter 13: B-2/Business District
13-2
as amendedper Z-320, Z-365-01; Z-369-02
Summer 2002 vI
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
u
Radio or television transmission antenna, ifmounted on another structure
Tower
13.02.01 Minimum Area Requirements:
Use
Minimum Area
(Acres)
Cemetery
Junk or material and/or salvage
yard
Outdoor theater
Corrunercial sanitary landfill or
refuse dump
Race track
Raising and breeding of non-farm
fowl and animals
Stadium or coliseum
Thirty (30)
Ten (10)
Five (5)
Forty (40)
Forty (40)
Five (5)
Five (5)
13.02.020ther Requirements:
Use
Other requirements:
Mineral extraction, borrow pit, top Minimum buffer of three
soil removal and their storage hundred (300) ft. from any
residential district
Sec. 13.02 amended per Ordinance No. Z-320. Amended per Ordinance No. Z-365-01.
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13.03 Accessory Buildings and Uses. See also Section 25.01.
Sec. 13.03 amended per Z-369-02; fir.
13.04 Height and Area Requirements. (See Chapter 26 for additional requirements.)
13.0401 Maximum height Sixty (~O) feet.
13.04.02Minimum front yard:
] . residential uses: Fifteen (15) feet;
2. all others: None.
13.04.03Minimum side yard:
]. residential uses: Five (5) feet;
2. any business use located in a block or parcel which includes or adjoins a residential
district or use or which is located on a comer: Five (5) feet;
3. any business use which does not meet the above qualifications: None.
13.04.04Minimum aggregate of side yard:
I. any use that requires a minimum side yard of five (5) feet (Section 13.04.03 above): Ten
(1O) feet;
2. all other uses: None.
13.04.05 Minimum rear yard:
1.
residential uses: Twenty (20) feet;
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Chapter 13: B-2/Business District
13-3
as amendedper Z-320; Z-365-01; Z-369-02
Summer 2002 v J
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
2. all other uses: Fifteen (15) feet.
13.04.06 Minimum Jot width: Fifty (50) feet
13.04.07 Minimum lot size: all lots shall contain a minimum of 7,000 square feet per dwelling unit and for
all business uses when serviced by a community water supply system and a community sanitary
sewer system. 28,000 square feet shall be added to the minimum lot size if a community sanitary
sewer system does not service the lot and 8,560 square feet shall be added if a community water
system does not service the lot. 5,000 square feet may be deducted from the minimum Jot size
add-ons for private water and sewer systems if an adequate on-premises drainage system, such as
through the use of perimeter tile drains, increased pad elevations and a stonn sewer system with
an adequate drainage outlet, is used to alleviate surface and ground water problems.
13.04.08 Minimum ground floor area:
I. single-family dwelling: Seven hundred (700) square fcet;
2. two-family dwelling and multiple-family dwelling: Six hundred (600) square feet per
dwelling unit;
3. all other uses: Nine hundred (900) square feet.
13.04.09 Maximum lot coverage:
I. single- and two-family dwelling Thirty-five percent (35%) of lot;
2. multiple-family dwelling: Forty percent (40%) oflot;
3. all other uses: Ninety percent (90%) ofJot.
13.05 Parking and Loading Berth Requirements. (See Chapter 27 for additional requirements.)
13.05.0IAI! business uses, except office buildings:
]. 3,000 - 15,000 square feet gross floor area: One (1) berth.
2. 15,001 - 40,000 square feet gross floor area: Two (2) berths.
3. Each 25,000 additional square feet: One (1) additional berth.
13.05.020ffice buildings:
1.
2.
3.
100,000 or less square feet gross floor area: One (I) berth.
100,00] - 300,000 square feet gross floor area: Two (2) berths.
Each 200,000 additional square feet: One (l) additional berth.
Chapter 13: B-2/Business District
13-4
as amended per Z-320,' Z-365-01; Z-369-02
Summer 2002 v I
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CITY OF CARMEL & CLAY TOWNSHIP WNlNG ORDINANCE
CHAPTER 13: B-2/BUSINESS DISTRlCT
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-320 13.02
2-365-01 76-01a OA November 5,2001 November 27, 2001 13.02
Z-369-02 160-01 OA April 1 , 2002 April 1, 2002 13.00.02; 13.03
Soring 2002 v2
Chapter 13: B-2/Business District
13-5
as amendedper Z-32 0; Z-365-0I; Z-369-02
Sununer 2002 v I
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CITY OF CARMEL & eLA Y TOWNSHIP ZONING ORDINANCE
CARM E UCLA Y ZONING ORDINANCE
CHAPTER 16: R-4/RESlDENCE DISTRICT
10.00 R-4/Residence District.
10.0 I Pennitted Uses.
10.02 Special Uses.
10.03 Accessory Buildings and Uses.
10.04 Height and Area Requirements.
10.00 R-4!Residence District
10.00.0 I Purpose and Intent.
The purpose of this district is to provide for high~density single-, lwo- and multiple-family
development on small lots in distinctly urbanized areas. The intent oflhis district is to protect and
conserve existing residential development, particularly in locations featuring marginally standard
housing and facing potential change from original uses, and to preserve natural features, and
encourage open space residential land-use patterns in this district is intended to implement the
Comprehensive Plan's Residential Community Objectives. The R-4 District corresponds to the
High Intensity Residential Community on the Comprehensive Plan's Land Use Map
lO.OO.02Minimum Tract Requirements.
No parcel of ground, platted or unplatted, located within the R-4 Residence District shall be
permitted to be developed or redeveloped unless served by a community water system and a
community sanitary sewer system.
10.OJ
Permitted Uses:
10.01.0 I Any use. permitted in the R-3 District (Section 9.02).
1O.OI.02Density Requirements for qualifYing subdivisions shall be regulated on a sliding scale based upon
the amount of open space provided. (see Chapter 7 of the Subdivision Regulations)
10.02 Permitted Special Uses: (see Chapter 21 for additional regulations.)
Any special use permitted in the R-3 District (Section 9.02).
Mobile home court
~'ttY$11'!&4frjil[~1fWfg~
10.02.01 Minimum Area Requirements:
Use
Mobile home court
Minimum Area
(Acres)
Fifteen (15)
Also, same as S-I District regulations of Section 5.02.01 (except Commercial greenhouse and
Plant nursery).
IO.02.020ther Requirements:
Same as S-l District regulations of Section 5.0202.
Chapter 10: R-4/Residence District
10-1
as amended per Z-320; Z-327; Z-369-02
Summer 2002 vI
CITY Or CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE
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10.02.03 Special Exceptions (see Chapter 21 for additional regulations):
Same as 8-1 District regulations of Section 5.05.
Sec. 10.02 amended per Ordinance No. Z-310.
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10.03 Accessorv Buildings and Uses. See also Section 25.0].
10.03.01 unassigned
1O.03.02A private swimming pool may be pennitted as an accessory use, but shall be located only within
the side or rear yard. No swimming pool or its deck shall be closer than ten (10) feet to the
property line. For purposes for safety, the following shall apply:
1. walls or fencing deemed to be impenetrable by the enforcing authority, that is not less
than five (5) feet high completely surrounding the swimming pool and the deck area with
exception of self-closing and latching gates and doors, both capable of being locked;
2. other means not less than five (5) feet high and deemed impenetrable by the enforcing
authority at the time of construction and completely surrounding the pool and deck area
when the pool is not used; and
3. 3 combination of subdivisions (1) through (2) that completely surrounds the pool and
deck with the exception of self-closing and latching gates and doors which are capable of
being locked; and
4_ in conjunction with (1), (2), or (3) a safety pool cover may be used provided that:
a. there is a continuous connection between the cover and the deck, so as to
prohibit access to the pool when the cover is completely drawn over the pool;
b. it is mechanically operated by key or key and switch such that the cover cannot
be drawn upon or retracted without the use ofa key;
it is capable of supporting a four hundred pound imposed load upon a
completely drawn cover;
d. it is installed with a track, rollers, rails or guides; and
c.
e. it bears an identification tag indicating the name of the manufacturer, name of
the installer, installation date, and applicable safety standards, ifany.
Sec. 10.03 amended per Ordinance No. Z-369-01; ~m.
10.04 Height and Area Requirements. (see Chapter 26 for additional regulations.)
10.04.0 I Maximum height: Thirty-five (35) feet.
1O.04.02Minimum lot size:
A.
Lots without service by a community water systems and a community sanitary sewer
system, 43,560 square feet
Lots with service from a community water system, and private septic system, 35,000
square feet.
Lots with service from a community sanitary sewer system and private water system,
20,000 square feet.
Lots with conununity water system and community sanitary sewer system, see Section
9.04.03.
B.
c.
D.
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Chapter 10: R-4lResidence District
10-2
as amended per Z-320; Z-327; Z-369-02
Summer 2002 vf
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CITY OF CARMEL& CLAY TOWNSHIP WNING ORDINANCE
IO.04.03Minimum lot standards:
A.
Minimum Front Yard: Thirty-five (35) feet
NOTE: For the Minimum Front Yard requirement for any Lot in a QualifYing
Subdivision utilizing relaxed Front Yard standards per Section 7.00.01 of the Subdivision
Control Ordinance see Section 26.02.07.
B. Minimum Side Yard:
I. single-family dwelling: Ten (10) feet;
2. all other uses: Twenty (20) feet.
C. Minimum aggregate of Side Yard:
I. single-fami Iy dwelling: Twenty-five (25) feet;
2. all other uses: Forty (40) feet.
D. Minimum Rear Yard:
I. single-family dwelling: Twenty (20) feet;
2. all other uses: Fifteen (15) feet.
E. Minimum Lot Width:
1. single-family dwelling: One hundred (100) feet;
2. all other uses: Two hundred (200) feet.
F. Maximum Lot Coverage: Thirty-five percent (35%) of lot.
10.4.4 Any lot within a qualifYing subdivision, as described in Chapter 7 of the Subdivision Regulations,
is exempt from the requirements of Section 10.04.02.
Chapter 10: R-4fResidence District
10-3
as amended per ZollO; Z-327; Z-369-0l
Summer 2002 v I
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
CHAPTER 10: R-4 RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-320 July II, 1997
2-327
2-369-02 160-010A April 1, 2002 April I, 2002 10.03
Spring 2002 v2
Chapter lO: R-4!Residcnce District
10-4
as amended per Z-320; Z-327, Z-369-02
Summer 2002 vi
CITY OF CARMEL & CLAY TOWNSHIP ZON1NG ORDINANCE
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CHAPTER 23C: US HICHW A Y 421 - MICHIGAN ROAD CORRIDOR OVER LA Y ZONE
CARMEL/CLAY ZONING ORDINANCE
23C.O
23C.1
23C.2
23C.3
23C.4
23C.S
23C.6
23C. 7
23C.S
23C.9
23C.IO
23C.II
23C.12
23 C. I3
23C.14
23C.15
I' S Highw:ly.4? I - Michigan Roan COITioor Overl~'y Zone,
District Rounnari es.
Commission Approv:ll.
Penmitle,; Uses.
Special I hoes.
Fxr.llloeli {fsr.s.
Accessory Rlliloines ami I Jscs,
Mmim1Jm Tract Si'lf~.
Heieht and Area Requirements
Architectmill Desi'gn Requirement,.
I i1nliwilpinr Requirements.
Parking Requirements'.
I.ieh!in!; Rf',C]lIirements.
Access to Inoivirlllal Tmc.ts.
Other Reqlliremt'llts.
Application Proeeollre.
23C.O IJ S Highway 421 - MichiE~n ROiId Corridor Overlay Zone.
23C.O.l Purpose, Intent and Allthority It is the purpose of the U.S. Highway 421 - Michigan Road
Conidor Overlay Zone (referred to in this Section 23C as the "Overlay Zone") to promote and
protect the public health, safety, comfort, convenience and general welfare by providing for
consistent and coordinated treatment of the propelties bordering U.S. Highway 421 (also known
as Michigan Road) in Clay Township, Hamilton County, Indiana. The Commission and Council,
in establishing this zone, an~ relying on IC 36-7-4-600 et seq, and Ie 36-7-4-1400 et seq.
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It is recognized that U.S. Highway 421 is an important corridor to Carmel and to Clay Township,
Therefore, it is the further purpose of the Overlay Zone to promote coordinated, quality
development per thc Land Use recommendations set forth in the Comprehensive Plan; to establish
basic standards for structures, landscaping, and other improvements on the properties within the
Overlay Zone which promote high quality, innovative site design and at the same time encourage
eflieient land usage; to establish development standards which will encourage capital investments
for the development of those properties along and abutting U.S. Highway 421; and to promote thc
steady flow oftraffic.
This Ordinance further seeks to foster dcvelopment that will provide this district with a special
sense of place that will increase property values, protect real estate investment, spur commercial
activity, and attract new businesses. More specifically, the creation of this special sense of place
shall be encouraged by means of a coordinated set of design principles for buildings, site
planning, landscaping and signage. These principles are intended to guide individual
development activities so that they will work together visually in support of the common
architectural theme described below.
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Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-l
as adopted per Z-326
Summer 2002 vi
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CITY OF CARMEL &: CLAY TOWNSIHP ZONING ORDINANCE
23C.1 Dj"trict Boundaries,
The boundaries of the Overlay Zone are hereby established as shown on the Zoning Map. The boundaries
extend four hundred (400) feet on either side of the U.S Highway 421 right-of-way, include the North
Augusta subdivision in its entirety, including both that real estate described as Block "A" and the cemetery
on the plat of Section I recorded September 2, 1947, The portion of the Overlay Zone east of Michigan
Road does not extend north of the parcel numbered 17-13-06-00~00-034 and any lot subdivided therefrom
after September 1, 1997.
23C.2 Commission Arrmv~1.
A. Development Plan. The Commission must approve, approve with conditions, or disapprove the
Development Plan (DP) for any tract of land in the Overlay Zone. A public hearing shall be held
by the Commission before it decides whether to approve or disapprove a DP. The Commission, in
reviewing DP applications, shall examine factors concerning the site, Site Plan and the
surrounding area, which include but are not limited to the following items:
I. Topography;
2. Zoning on site;
3. Surrounding zoning and existing land use;
4, Streets, curbs and gutters, bicycle paths, and sidewalks;
5. Access to public streets;
6.
Driveway and curb cut locations in relation to other sites;
7, General vehicular and pedestrian traffic;
8. Parking facilities and internal site circulation;
9. Special and general easements for public or private use;
10. On-site and off-site surface and subsurface storm and water drainage, including drainage
calculations;
II . On-site and off-site utilities;
12. The means and impact of sanitary sewage disposal and water supp[y techniques;
13.
Dedication of streets and rights-of-way;
14.
Provision for adequate and acceptable setbacks, screening, and compatibility with
existing, platted residential uses;
15.
Storage area;
16.
Protective restrictions and/or covenants;
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-2
as adopted per Z-326
Summer 2002 vI
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CITY OF CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE
17.
Effects any proposed project may have on the entire Overlay Zone; and,
18. Consistency with the policies for the Overlay Zone which are set forth In the
Comprehensive Plan.
B. Fxisting Features III ~it~ An~lysis Pbm. EvelY applicant shall submit an Existing Features and
Site Analysis Plan showing all hedgerows, woodlands, individual trees greater than six (6) inches
in diameter (dbh), structures, drainage patterns and structures (including tile fields), wetlands,
floodplains, and all buildings. This plan shall show topography at two-foot (2') contour intervals
and shall be prepared at a scale of not less than one ineh equals one hundred feet (1" = 100').
C. Am s Requir~m~nt. Commission review and approval of the architectural design, landscaping,
parking, signage, lighting and access to the property (ADLS) shall be necessalY prior to:
1. the establishment ofaoy use ofland;
2. the issuance of any Improvement Location Penl1it;
3. the erection, reconstruction or external architectural alteration of any building in the
Overlay Zone; or,
4. the changing of any site improvements.
D. Exception. Existing residential structures and residential lots platted prior to April 21, 1980,
when used for residential purposes, are exempt from the requirements contained within this
Section.
23C.3 Permitteli llses.
All uses which are pennitted in a given site's underlying primary zoning districts, except those uses
expressly excluded in Section 23C.5, are permitted in the Overlay Zone
23CA Permitted Special Uses.
All Special Uses which ate pennitted (upon obtaining a special use approval from the Board) in the
underlying primary zoning district(s), except the uses expressly excluded in Section 23C.5, are permitted in
the Overlay Zone.
23C.5 Fxr.lllrlerll Jses.
Amusement park;
Bulk storage of petroleum products not used for on-site manufacturing;
Carnivals, fairs, circuses;
Disposal of radioactive materials;
Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning;
Flea market;
Garbage disposal plant/sanitary landfill;
Go-cart track;
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-3
as adopted per Z-326
Summer 2002 vi
crTY OF CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE
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Grain elevator;
Junk and/or salvage yard;
Manufactured housing sales;
Mobile home court;
Outdoor theatre;
Penal or correctional institution;
Reclaiming processes involving materials or chemicals that are considered dangerous to the health, safety,
and welfare of the general public as detennined by the State Board of Health or by the City;
Refining or manufacturing of petroleum products;
Refining or manufacturing of asphalt, cement, gypsum, lime, wood preservati ves;
Roadside sales stand;
Sand and gravel extraction or sales;
Sexually oriented businesses;
Single-family residence;
Truck stop;
Water slide.
23C.6
Accessory RlIildine:s and Uses.
All accessory buildings and uses which are pelmitted in the underlying primary zoning district(s) shall be
permitted, except that any detached accessory building in any DP shall be architecturally compatible with
the principal building(s) with which it is associated.
23C.7
Minimum Tract Size.
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The minimum area covered by a DP within the Overlay Zone must be 130,680 square feet (3 acres). For
iracts located only partially within the Overlay Zone, a DP shall be submitted to the Commission for the
entire tract to be developed.
If a parcel of land or subdivision lot was recorded prior to September 7, 1988 (the "Effective Date"), and
said parcel or lot does not contain thc minimum area required by this Paragraph, said parcel or lot
("Undersized Lot") may be used for any use permitted in the Overlay Zone provided that:
A, At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
the requirements for minimum lot size then in effect for a lot in thc underlying primary zoning
districi(S);
B. The owner of the Undersized Lot must include, up to the minimum tract size, any adjoining vacant
land (not separated by a street or public way) owned, or owned by an affiliate, on or before the
Effective Date or at the time of application which, if combined with the Undersized Lo~ would
create a tract which conforms, or more closely conforms, to the minimum tract sizc requirements
of this Paragraph; and
C. All other development requirements applicable to the Overlay Zone can be met.
This Paragraph does not preclude the sale or other transfer of any parcel of land within a tract after the
approval of a DP for the entire tract. However, the development of the parcel must still confonn to the DP
for the entire tract as approved or amended by the Commission, and all other applicable requirements
contained in the Zoning Ordinance.
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Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-4
as adopted per Z-326
Summer 2002 v I
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDrNANCE
23C.S l-I~iehf ~nfl A r~l'I R ~qnjr~m~nt~.
23C.8.1 RlIilrlin~ l-ItCi~ht:
A. Minimum: See See/ion 23C.9 (C).
B. Maximum: As specified in primary underlying zoning district.
23C.8.2 Front Yard for Parcel;; with Frontage on I J S 421 Right-of-way:
A. Minimnm: thirty (30) feet, measured from the U.S. Highway 421 right-of-way. This
measurement shall include the mandatory thirty (30) foot Greenbelt.
B. M~ximnm: one hundred twenty (120) feet, measured from the U.S. Highway 421 right-
of-way. This measurement shall include the mandatory thirty (30) foot Greenbelt.
23C.8.3 Minimnm Side :mfl.R~ar Yard;;:
A. Next to existing residence(s) or undeveloped residential zone: fifty (50) feet or two (2)
times building height, whichever is greater.
B. Next to business zone or development: fifteen (I 5) feet.
C. Next to manufacturing zone or development: twenty (20) feet.
23C.SA Minimllr11 Grn"" Floor A rc~: All principal commercial buildings shall have a minimum of two
thousand five hundred (2,500) square feet of gross floor area, excluding the floor area of any
basement or any accessory buildings. Accessory buildings need not meet the minimum floor area
requirement.
23C.9
Architectmnll1esie;n Reqllirements.
[n reviewing the architectural design of building(s) proposed to be built in the Overlay Zone, factors to be
considered by the Commission shall include but are not limited to the following:
A.
[)e~iell Tllemp,. Buildings shall be .designed with an overall Corridor Architectural Theme
consistent with or complementary to the Federal, Georgian, Italianate, or Greek Revival Periods.
New buildings are not required to be imitative, but must incorporate the salient features of these
architectural styles. Pre~existing buildings on adjoining tracts shall not be a factor in the design of
new buildings unless they are consistent with the architectural objectives of the Overlay Zone.
B.
Rnilfling Proportion: Buildings within the Overlay Zone shall be designed as a composition of
related forms governed by the application of the Golden Section (I: 1.6). Buildings should
generally avoid long, monotonous, unintenuptcd walls or roofplanes. The design and placement
of building fa~ades, doors, windows, and architectural design details shall be through use of
Regulating Lines.
c.
Ruildine Heieht. The height of new principal buildings shall be at least one and one-half (1 Yi)
stories, or be designed to appear so from the front and sides. Retail and office buildings are
encouraged to bctwo (2) stories or more in height, with office or residential uses on the second
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-5
as adopled per Z-326
Summer 2002 v I
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
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flOOL The minimum height for all buildings shall be twenty (20) feet, either at the rootline or at
the top of the parapet wall.
D.
Building Fa~:'l..1p~. Fa~ades shall have a defined base or foundation, a middle or modulated wall,
and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the
building style. Buildings with continuous fac;ades that are nincty (90) feet or greater in width,
shall be designed with offsets (projecting or recessed) not less than eight (8) fcet deep, and at
intervals of not greater than sixty (60) feet.
Fayades constructed of more than one material shall only change material along a horizontallinc
(not a vertical or diagonal line). The heavier material shall always be placed beneath the lighter
material. Front and side far;:ades of buildings located on comer lots or parcels shall be of the same
materials and similarly detailed.
E. R.llilfs. Roofs shall be sill)ply and symmetrically pitched and only in the configuration of gables
and hips, with pitches ranging from 4: 12 to 14: 12. Shed roofs are permitted only when the ridgc
is attached to an exterior wall of a building, and shall eonfonn to pitch between 14:12 and 4:12.
Flat roofs are pennitted when consistent with the historic style of architecture, if edged by a
railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or
visually integrated into the overall design of the building. [n no case shall rooftop mechanical
equipment be visible from adjoining residential zones or uses.
Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam
metal panels. Asphalt shingles shall be colored to resemble gray slate; standing-seam panels may
be either gray, black, dark blue, dark green or barn red.
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Dormers shall be designed with the correct details, proportion and style consistent with the overall
building composition, and roofed with symmetrical gable, hip or barrel roofs. Belvederes,
cupolas, and pergolas are pennitted if appropriate to the style, well proportioned, and fully
detailed.
All vents, attic ventilators, turbines, flues and others roof penetrations must be painted to match
the color of the roof or flat black, exceplthose made of metal which may be left natural. Gutters
and downspouts shall be appropriate to or visually integrated with the architectural style of the
structure.
F. Fntrnnces. Building entrances shall be defined and articulated by architectural elements such as
lintels, pediments, pilasters, columns, and other design elements appropriate to the architectural
style and details of the building as a whole. The location, orientation, proportion and style of
doors must faithfully reflect the chosen style of the building.
Building fa9ades for industrial and warehouse uses shall be designed with a main entrance and at
least two (2) window openings associated with this door\'/ay.
G.
Winnows. All window design shall be compatible with the style, materials, color, details and
proportion of the building. The number of panes, the way it opens, the trim around it and
whctber it is embellished with shutters must be consistent with the architectural style of the
structure.
H.
Awnines. Fixed or retractable awnings are permitted if they complement a building's architectural
style, material, colors, and details; do not conceal architectural features (such as cornices,
columns, pilasters, or decorative details); do not impair fa"ade composition; and are designed as
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Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-6
as adopted per Z-326
Summer 2002 vI
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CITY OF CARMEL& CI.A Y TOWNSHIP ZONING ORDINANCE
an integral part of the fal,:ade. Metal or aluminum awnings are prohibited.
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Storefronts. Storefronts shall be integrally designed with overall fas:ade character. GroLind floor
retail, service and restaurant uses should generally have large pane display windows, however,
they shall not exceed seventy-five percent (75%) of the total ground level (first floor) fayade area.
Buildings with multiple storefronts shall be of unified design, through the use of conunon
materials, architectural details, signage and lighting consistent with the overall building style.
J. I1rive-thm winrlows. Drive-thru windows shall be designed as a related, integrated architectural
element and part ofthe overall design composition of the building.
K. Suitahility of hllilrline materials. Unless otherwise approved by the Commission, building
materials shall be consistent with and/or complementary to those which replicate Federal,
Georgian, Italianate and Greek Revival Periods of American architecture, as follows:
1. Exposed foundation shall be constructed of one or more of the following:
a. Red brick;
b. Stone (limestone, granite, fieldstone, etc.);
c. Split-face block or architectural pre-casl concrete, if surface looks like brick or
stone,
2. Fayade walls shall be construcled of any combination of:
a. Red brick or stone;
b.
Smooth cut cedar shingles;
c. Wood clapboard siding;
d. Wood beaded siding;
e. Stucco with smooth finish, or dryvit (or equivalent), not to exceed twenty
percent (20%) of the overall non-window fayade area.
3. Warebouse facilities, including self-storage and mini~warehouse uses, shall have a bigh-
quality fayade treatment on all sides visible from U.S. Highway 421 consistent with the
following:
a. Red brick fayades trimmed with split-faced aggregate block (of a color and
texture resembling Indiana limestone), provided that it also includes red brick
accents (such as windowsills, lintels above windows and doorways, building
comers, parapet coping, etc.).
b. Split-face aggregate block (of a color and texture resembling Indiana limestone)
provided that it also incorporates red brick accents.
c. Pre-cast concrete wall panels of a color and texture resembling either red brick
or Indiana limestone, provided the building design also incorporates
architecturally appropriate details of contrasting color and material, as noted
Chapter 23C: US Highway 421 - Michigan Road COlTidor Overlay Zone
23C-7
as adopted per Z-326
Summer 20()2 v I
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CITY OF CARMEL & CLA Y TOWNSHIP ZONfNG ORDINANCE
previously in Subparagraphs K(l) and K(2).
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Design in relation to topography of the site;
M. Design of proposed landscaping in relation to structures; and
N. Overall aesthetics of the proposed building, including color.
23C.l0 r andscaping Requirements.
23C.1O.1 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as
part of the ADLS application. This plan shall be drawn to scale, including dimensions and
distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps
for the handicapped, terraces, driveways, signs, lighting standards, steps, storm water facilities
and other similar structures; and shall delineate the location, size and description of all landscape
material and the method to be used for the watering or irrigation of all planting areas. Landscape
treatment for plazas, roads, paths, service and private parking areas and storm water areas shaH be
designed as an integral and coordinated part of the Landscaping Plan for the entire site. The
Landscaping Plan shall require the approval of the Commission.
23C.10.2 Areas to he I andscaperl:
I. lrrp.pnhp.lr. The thirty (30) foot Greenbelt shall be composed of grass and landscape
areas. The incorporation of walkways and bikeways into the design is encouraged;
however, no parking lots, through roads, buildings, accessory structures, etc. shall be
established within this area.
2.
Fnllnd:-lfinn P!:.Jntin!.'.~. Foundation plantings shall be included along all sides of any
building. The minimum width of the planting area shall be five (5) feet, except that when
adjoining a parking area lot.:ated in the fronl yard adjoining U.S. 421, the minimum width
shall be ten (l0) feet.
3. Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the
Commission's Bufferyard Guidelines.
4. P<Jrkine I Ms. Per standards specified below in Section 23C10.3.
5. Screenine Areas. All air conditioning units, HV AC systems, exhaust pipes or stacks,
overhead doors, outside storage areas, and satellite dishes shall be integrated into the
overall building design or screened from the U.S. Highway 421 right-of-way and
adjoining residential zones or uses using walls, fencing, parapets, penthouse screens,
landseaping,eamouflage, or other approved method.
23C.1O.3
LandscapingStandards
1.
The interior dimensions, specifications and design of any planting area or planting
median shall be sufficient to protect the landscaping materials planted therein and to
provide for proper growth. The following minimum interior widths for planting areas
shall be used:
a.
Canopy Trees:
Nine (9) feet;
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-8
as adoptedper Z-326
Summer 2002 v I
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b.
Seven (7) feet;
Ornamental Trees:
c.
Shrubs (only):
Five (5) feet.
2. All plant material proposed to be used in accordance with any Landscaping Plan sball
meet the following specifications:
a. Shade trees: a minimum trunk di"meter oftwo and one-half (2 'h) inches at six
(6) inches above grade, a minimum height of eight (8) feet, and a branching
height of not less than one-third (113) or more than one-half (Y2) of tree height.
b. nm~m~ntal tr~I',: a minimum trunk diameter of one and one-half (1 Y2) inches at
six (6) inches above grade, a minimum height of six (6) feet, and a branching
height of not less than one-third (1/3) or more than one-half (Yi.) of tree height.
e. Fverereen trees: a minimum height of eight (8) feet, and a width of not less than
three-fifths (3/5) of the height.
d. f)f:~irllJ[)lls shnlhs: a minimum height of eighteen (18) inches, no less than six
(6) main branches upon planting, and" mature height no greater than thirty-six
(36) inches.
e. Evergreen 5l1mhs: a mInimum height and spread of eighteen (18) inches,
ruaXinlUITI filature height of thirty.-six (36) inches. -.
3. Greenhf:lt. The primary landscaping materials used. in the Greenbelt shall be shade trees,
ornamentallrees, shrubs, ground covers, grass, etc.
a.
A minimum of three. (3) shade trees and one (1) ornamental tree shall be
provided per 100 linear feet of Greenbelt.
b. Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right-
of-way shall be spaced neither less than fifteen (I5) feet apart nor more than
forty (40) iCet apart
4. FOlrnrliltion PIHntinr:" The primary landscaping materials used adjacent to buildings
shall be shrubs, ground covers, and ornamental grasses.
5. Parking Lots.
a. Interior I ann~r.af'ine. A minimum of one (1) shade tree and five (5) sluubs
shall be planted within each parking lot for every nine (9) spaces provided, or
not less than eighteen (18) trees per acre ofparking.
However, for buildings with parking areas located in a front yard, with frontage
directly on U.S. 421, a minimum of one (1) shade (ree and five (5) shrubs shall
be planted within each parking lot for every six (6) spaces provided, or not less
than twenty-four (24) trees per acre of parking.
b. Parking 1.01 Perimeter Planting. Where parking areas are located in the front
yard, with frontage directly on U.S. 421, a six (6) foot wide perimeter planting
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-9
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Summer 2002 vi
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
area shall be provided along the front and sides of those areas.
I) The required planting unit for this area shall include: two (2) shade
Irees, three (3) ornamental trees, and thirty (30) shrubs per 100 linear
feel.
2) The perimeter planting area shall be provided H1 addition to the
Greenbelt area.
c. Front ;md Sine Parking. Parking areas within front and side yards shall be
completely screened from view. Such screening shall be subject to Conunission
approval.
23C.1O.4
Lann<;~~rine Insl~Il~linn ann M~inl~mn~c
1.
Insf~lI~tinn. All landscaping approved as part of the Landscaping and/or Developmenl
Plan shall be installed prior to the issuance of a Certificate of Occupancy by the
Department. If it is not possible to install the required landscaping because of weather
conditions, {he property owner shall post a bond prior to the issuance of the Final
Certificate of Occupancy for an amount equal to the total cost of the required
landscaping.
2.
M~ intenance. It shall be the responsibility of the owners and their agents to insure
proper maintenance of all trees, shrubs and other landscaping approved as part of the
Landscaping and Development Plans in accordance with the standards set by this
Ordinance. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, irrigation and mulching of planting areas, and
keeping the area free of refuse, debris, rank vegetation and weeds. .
3.
r:hange~ after Apprnval. 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 material alterations in landscaping may be
approved by the Director in order to conform to specific site conditions.
4. In~rection. The Director may visit any tract within the Overlay Zone to inspect the
landscaping and check it against the approved plan on file.
23C.11 Earking Requirement~.
A.
Spaces required: see Section 27.0 of the Zoning Ordinance.
B.
Space dimensions: 9'0" x 20'0" or 10'0" x 18'0", including 2'0" for bumper overhang where
appropriate.
c.
Landscaping standards: see Section 23C.10.3.
D.
Parking lots shall be designed to provide coordinated access to parking areas on adjoining tracts
or parcels within the Overlay Zone, preferably via a frontage road network. Sites utilizing front-
loaded parking areas shall provide for continuous access across the rear of the site to adjoining
trucls or parcels. As part of the ADLS submittal, the petitioner shall provide a Site Circulation
Plan that illustrates to the Commission how coordinated access will occur relative to the overall
Chapter 23C: US Highway 421 ~ Michigan Road Corridor Overlay Zone
23C-IO
as adopted per Z-326
Summer 2002 v I
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CITY OF CARMEL& CLAY TOWNSHIP ZONrNG ORDrNANCE
U.S. Highway 421 Corridor.
E.
All parking lots and drives shall be paved with asphalt or concrete. Brick pavers or other
decorative pavements may be used as accents in parking lot design. Poured-in-place concrete
curbs shall be used.
F. Parking within front yard setbacks shall be discouraged and limited to a maximum of two (2) rows
of parking, subject to minimum Greenbelt width, minimum bufferyard requirements and
maximum building setback standards.
G. Stacking for drive-thru lanes shaU be confined to the rear of the tract or parcel with outlet from
such lines also being to the rear of the building. Lines for drive-thm facilities shall not be
permitted along the front and sides of structures within the Overlay Zone, nor permitted to spill
onto adjoining properties. The minimum number of vehicles required for drivc-thru lanes shall be
as follows:
USE TYPE MIN NO. SPACES MEASURED FROM
Bank teller lane 5 Teller or Window
Automated Teller Machine 3 Teller
Restaurant Drivc-thru 10 Pick-un Window
Car Wash 5 Entrance
Gas Pumn island 3 End ofnumn island
Other To be determined bv the Director
23C.12 I iehtine Reqllirements.
A. [ ighting Plan. A Lighting Plan for the proposed development shall be filed as part of the ADLS
application.
B. Design. All lighting standards, including those on buildings, security lights and architectural lights
within the development area shall be of uniform design' and materials. Parking lot and streetlights
shall also be of unifornl height not to exceed twenty-four (24) feet. Poles for such lights shall
have a minimum diameter of six (6) inches for poles up 10 twelve (12) feet in height and a
minimum of eight (8) inches diameter for poles between twelve (12) and twenty-four (24) feet in
height. Luminaries for such lights shall be in proportion to the pole diameter and height. All
lights within gas station canopies and adjacent to residential areas shall be of a "down lighting"
type with the light element. completely shielded on all sides and top. The Corrunission may
approve decorative lighting should it be more appropriate to the overall site design.
C. Intensity. Lighting shall not cause illumination beyond any residential lot line or road right~of-
way line in excess of 0.1 footcandle of light. Lighting shall not cause illumination beyond any
non-residential tract or parcel line or road right-of-way line in excess of OJ footcandle oflight.
23C.13 Ac:cess to f nclivicllla 1 Tracts.
The purpose of this Section is to make the closing of all curb cuts along U.S. Highway 421 possible by
establishing a conunon access road to the rear parking lots of all tracts wiihin the Overlay Zone. Frontage
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-11
as adopted per Z-326
Summer 2002 v J
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CITY OF CARMEL & CLA Y TOwNSHIP ZONrNG ORDrNANCE
roads and corrunon entrances shared by several businesses and developments shall be encouraged and may
be required at the discretion of the Commission. In those cases where tracts can be accessed via
connection to an arterial, collector, or adjoining parking lot, curb cuts shall not be established on U.S.
Highway 421. The Commission shall encourage maximum distances between curb cuts to U.S. Highway
421 in cooperation with the Indiana Department of Transportation. Bicycle and pedestrian circulation to
and through the site shall be coordinated with vehicular access, Greenbelt design, and parking.
23C.14 Other Requirements.
23C.15
23C.14.1 ()lIlsin~ SrmJl~~ Outside storage areas shall be allowed as shown on the DP and shall be
architecturally compatible with the principal building(s) with which they are associated. Storage
areas shall be completely screened from view and subject to Commission approval. Trash
collection areas shall be enclosed and screened.
23C.I4.2 LOJldine R~J1hs. Loading berths and trash collection areas shall be permitted per the
needs of the business establishments and shall be identified on the DP. Loading berths and
overhead doors shall face to the rear of all buildings. Should a loading berth be located adjacent
to or visible from a public right-of-way, or established on the side of a building through any
circumstance, it shall be screened per Conunission approval.
23C.14.3 Emergency Access. All emergency access areas and facilities shall be shown on the Site
Plan and reviewed by the Camlel Fire Chief.
23C.14.4 Signs. A Sign Plan for the proposed development shall be submitted to the Corrunission
for its approval as part of the ADLS application. Signs for each proposed use shall be uniform in
character as to color and architectural design as approved by the Cormnission. Should an ADLS-
approved Sign Plan be replaced with a new design, the amended Sign Plan must go before the
Commission for ADLS review ami approval. Individual signs which conform to both the Sign
Ordinance and to the approVed Sign Plan shall not require further ADLS approval, however, such
signs shall require a sign permit.
23C.14.5 ConfunuingJls.es. A DP shall be submitted to the Commission for its approval when a
legal non-conforming use is changed to a conforming use and when either:
I. Any new building is to be constructed; or
2. Any existing building or site development (induding addition of parking lot) is expanded
by more than thirty percent (30%).
23C.14.6 N()n-ronfonning I J~~~. A DP shall be submitted to the Commission for its approval
when a legal non-conforming use is altered as follows:
1. A building has been more than sixty percent (60%) destroyed.
2. Any expansion of a building or site development (including addition of parking lot).
Nonnal maintenance and repair is exempt from the DP approval requirement.
3. If property or building is vacated for more than one (I) year.
Applir'arinn Pmcenllrf'.
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C-12
as adopted per Z-326
Summer 2002 vl
CITY OF CARMEL & CLA Y TOWNSHrp ZONING ORDINANCE
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23C.15.1 ConslIltati(Jn with niT~~tor anci Applir:atinn, Applicants shall meet with the Director to
review the zoning classification of their site, review the regulatory ordinances and materi.als,
review the procedures and examine the proposed use and development of the property. The
Director shall aid and advise the applicant in prepari.ng his application and supporting documents
as necessary.
The applicant shall submit:
1. two (2) copies of the written application form,
2. two (2) copies of the Existing Features & Site Analysis Plan,
3. two (2) copies of the DP, and/or
4. two (2) copies of the required information on architeclural design, landscaping, parking,
signage, lighting and access (ADLS), as well as
5. all necessary supporting documents and materials.
23CI5.2 lnitil1l R~view of the Applir:l1finn :md Supportine nor:llments anci Mat:eril1ls hy Ihe
Director' SlIhmittal to tlH~ rnmmission. Following the receipt of the wrilten application, DP
and/or the required information on architectural design, landscaping, parking, signage, lighting
and access (ADLS), and necessary supporting documents and/or materials by the Director, the
Director shall review the materials for the sole purpose of determining whether the application is
complete and in technical compliance with all applicable ordinances, laws and regulations.
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If the materials submitted by the applicant are not complete or do not comply with the
necessary legal requirements, the Director shall inform the applicant of the deficiencies
in said materials.
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Unless and until the Director formally accepts the application as complete and in legal
compliance, it shall not be considered as formally filed for the purpose of proceeding to
succeeding steps toward approval as hereinafter set forth.
2. If the materials submitted by the applicant are determined to be complete and lfl
compliance, the materials shall be forwarded to the Commission.
a. Within thirty (30) days of the formal acceptance of the application by the
Director, he shall formally file the application by placing it upon the agenda of
the Commission according to the Commission's Rules of Procedure.
b. The applicant shall file for eaeh Commission member a copy of the Existing
Features & Site Analysis Plan, the DP and/or ADLS plan and supporting
documents and/or materials.
23C.15.3
Approval or Denial of the Application hy the Commission.
1.
An approved DP petition and/or ADLS petition shall be valid for two (2) years from the
date of approval. If construction ofthe building(s) has (have) not started at the end of the
two (2) year peri.od, the DP and/or ADLS request must be re-submitted to the
Corrunission.
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Chapter 23C: US Highway 421 - Michigan Road CorridQr Overlay Zone
23 C-13
as adopted per Z-326
Summer 2002 v I
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CITY OF CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE
2.
If the DPandJor ADLS plan is (are) substantially altered, re-submittal to the Commission
per Section 23C2 for approval is required.
3. If the petition is denied by the Conunission, the Commission shall provide the applicant
with a copy of said reasons, if requested.
Chapter 23C: US Highway 42\ - Michigan Road Corridor Overlay Zone
23C-\4
as adopted per Z-326
Summer 2002 vi
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CITY OF CARMEL & CLA Y TOWNSHIP ZONlNG ORDINANCE
CHAPTER 23C: U.S. HIGH\VA Y 421 CORRIDOR OVERLA Y ZONE
AMENDMENTLOC
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-326 Julv 20 1998
Chapter 23C: US Highway 421 - Michigan Road Corridor Overlay Zone
23C- I 5
as adoptedperZ-326
Summer 2002 v]