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HomeMy WebLinkAbout92-03Babbitt, Pamela A From: Dobosiewicz, Jon C Sent: Tuesday, June 17, 2003 11:50 AM To: Babbitt, Pamela A Cc: Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Butler, Angelina V Subject: Docket Number Assignment - SP; Riverview Medical Park (Secondary Plat) Pam, Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Number for the Riverview Medical Park (Secondary Plat). It will be the following: 92-03 SP $728 Total Fee: $728.00 t33o~o~ Docket No..92-03.SP; _RiderView Medical Park ( ~ y- aat) Please note the following: • This item will be reviewed administratively bythe Department. Please contact Janet Sterlingr at 826-7100 (Fax: 826-7200) with this information. Once the file is updated (copy of fax filed and file labeled on cover and internal files) please return it to my office. Thanks, Jon L C~ ~cxnP~I v~~~-~~ ~~ ~ _ 7~~00 ~~ ~Vl r, J erg ~ ~e:~t X17-~~6 - ~ii~ ~~~e~.~ ~ ~iJel~vieuJ~n2q t oy c'%~ APPLICATION FOR SECONDARY PLAT OR (REPEAT) ~ f? FO Fee: $728.00 or ($582.00) ~ OCr~ ~~a~ ,~, Date: 6/11 /03 Docket #: ~Tn-_ ,-.~~ The undersigned agrees that any construction, reconstruction, enlargement, relocation of alteration of structure, or any change in the use of land or structures requested by this application will comply with, and conform to, all applicable laws of the State of Indiana, and the Zoning Ordinance of Carmel, Indiana - 1980, adopted under the authority of Acts of 1979, Public Law 178, Sec. 1, et.seq, General Assembly of the State of Indiana, and afl Acts amendatory thereto. Name of Applicant: Mr. Corby Thompson, Plum Creek Partners, LLC Phone # (317) 849-7607 Address of Applicant: 11911 Lakeside Drive, Fishers, IN 46038 Name of Owner: Plum Creek Partners Name of Subdivision: Riverview Medical Park Legal Description (To be typewritten on separate sheet and attached) Area (in acres) 11.09 Number of Lots: 3 Length of miles of new streets to be dedicated to public use: Surveyor certifying plat: Edward D. Giacoletti #S0560 Surveyor's address and phone#: 8901 Otis Avenue, Indianapolis, IN 46216 (317) 826-7100 Signature of Applicant: ) (Printed) (~~ ~ TRnYd AI TITLE: /Y^c STATE OF INDIANA SS County of Hamilton Before me, the undersigned, a Notary Public for Hamilton and acknowled ution of the foregoing instrument this ~ Donne Heneen SBiU' ~. ~. 6-1&2007 Rea. of HemRtan Co. My Commissi ~ 5.1.10 Application for Secondary Plat Two (2) copies, or more if necessary, of the secondary plat and the construction plans, together with supporting documents, shall be submitted to the Building commissioner with this application and the application fee as indicated in Section 29.6 of the Zoning Ordinance. Additional plans to be distributed to necessary authorities by applicant. Fee: $728.00 Received by: County, State of Indiana, personally appeared Corby D. Thompson 11~" Day of June 2003 Notary Public Donna Hansen C:\Program FilesWmerica Online 7.0\downloadWPP4SECPLT.doc JUN-10-2003 TUE 11;18 AM CRRMEL COMMUNITY SVCS SECONDARY PLaT CHECK L?ST Name of Applicant: NameofSUbdivisan Date of Submission: Date of Preliminary Plat Approval: FAH NO. 317 571 2926 P, 03 ~ ~ ~~~ _ ~,>v - ` ~ ~~~ ~ ~ ; . ~ ~F ~ ' ~ ~ ~ ;~ ~~ ~~~ 11 Fp i. ~ ~ G~ AC ' ~; : `. S ,%cn>, f: ~~ .~ Reviewed by: '`~Li ~-~= " ~ A. MYLAR AND TWO COPIES OF PLA7T0 ILLUSTRATE: i. Name of subdlviston 2. Words "Secondary Plat" 3. Dale of submission or latest revision ~4. Plat drawn So' = 1" scale with north arrow 5. Names, addresses, phone numbers: Owner, subdivider, surveyor 6. Registered surveyor's signature, seal and date rl,d y;,~ ~o ~,w Z7. Accurate tract boundary lines: Show dimensions, angles, bearings 8. Source of title of ownership and legal description ~9, Streets and rights~f-way (existing and proposed) d. I_0('dtlen5 Ingraasl cgrC% ~Lm~} b. Names c. Widths / 10. Complete Curve notes il. Dimensions of land to be dedicated or reserved 12. Monuments and markers {location, type, material, size) 13. Easements (location, widths, use) 14. 8uikling setback lines 15. Legends and notes fi. Registered land surveyor's certficate i7. Certification of dedication of streets and public property 1B. Certificate of approval by Commission (opening page) 19. Certfica~ of acceptance by Board of Works or County Commissioners 20: Restrictions or corendnts a. Fences in detention/reterKion areas b. Lighting -dusk to dawn lights c. Maintenance of common areas 21. Subdivider Agreement Form B. SECONDARY SUPPORTING DATA TO BE PROVIDED. 1. Letters of approval submitted by the following; a. Hamilton County Surveyor b. Hamilton County Highway Department c. Hamilton County Soil & Water CellServdtlon District d. Carmel Gty Engineer e. Fire Chief -Carmel Flre Department / r, Carmel City Utllltles pepartrnent 2. Certfieation of Notification a. Police and Sheriff Z:~sharedlformslPC applicationslsecplatapp revised 12/31/2002 JUN-10-2003 TUE 11 18 AM CARMEL COMMUNITY SVCS FAX N0. 317 571 2426 P, 04 b. Water and sanitary sewer utllltle5 c. Electric, gas, phone utilities d, Carmel/Clay Schools e. Hamilton Health Department (if septic) f. Cannel Board of Public Works ~3. Report describing water system, sanitary sewer system and storm drainage system. 4. Statement from State Highway Depai4nent, County Hlghwdy Department or City Street Department (rights of-way, road improvemerrts, roadside drainage, entrances, culvert pipes, conditlon of existing roadway and its Suitability to handle proposed traffic must be specified). -,~ 5. Soils map and report from Hamilton County Soil & Water Conservation District showing soil limitations based upon intended usage. ~6• Letter from the Carmel Boarcl of Public Works or other appropriate authorities stating that said authority has capacity for sewer/water hookups. C. TWO COPIES OF CONSTRUCRON PLANS TO INCLUpp; ~1. Professional engineers or registered land surveyor's 57gnature, seal and date -~ Proposed method of sewage disposal ~/ .Proposed water supply method v 4. Proposed fire hydrant system ~5_ Proposetl method of drainage inducting detention/retention both onsite end offslte. 6. Proposed street lighting and slgnage plan -IL ). Proposed landscaping and screening plan, if required i' B. Proposed parking plan (cluster) ~9. Plans, profiles, crass-sections and speciflrations 10. Proposed cut and flfl map iD. FINANCIAL PERFORMANCE AND MAINTENANCE GUARANTEES 1. written statement of Commitment Z:lsharedlformLsecplat.app revised 12/31/2002 CAPACITY CEItTII~ICATION/ALLOCATION LETTER CI'hLc Form Shonld Ue Fllled Ou[ ![t Its Entlrcty) Applicant: .Ianet Owner: Plum ['~ Project Name: The Schneider F/(/ J~~FC ~ n At I, John buffo representigg the G~ty of Carmel (Name of Individual) in my capacity as Sanitary Reviewer have the authority to act on behalf of the o (qty f)C~1 (Title) and certify that I have reviewed and understand the requirements of 327 IAC 3 and t~}tat~he sanitary collection system proposed, with the submission of this application, plans and specifications, mats all rcgtriretnen[s of 327 IAC 3. I certify that Ute daily flow generated in the area that will be collected by the project system will not cause overflowing or bypassing in the portion of the collection system under my jutisdicuon other than NPDES authorized discharges and that there is sufficient capacity in the receiving water pollution treatmenUcontrol facility to treat additional daily flow and remain in compliance wilt applicable NPDPS pcrmi[ effluent limitations. I certify that the ro sad eve e P Po rag flow will not result in hydraulic or organic overload. I certify that the proposed collection system does not include new combined sewers or a combined sewer extension to existing combined scorers. I certify that rho ability for this collection system to comply with 327 IAC 3 is not contingent on water pollution/control facility construction that leas not ban completed and pu[ into operation. I certify that the project rneets all local rules or laws, regulations and ordinances. The infornation subnntted is true, accurate, and complete, to rho best of my lmowledgc and belief. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. G811gnS Per Day: (Total Average Flow for Project) Wastewater Treatrnettt Plant City of Gartner W acra,vorar rn.,..-..._. , Sewers: tV W fief nL Si store o rson Signing ----~-~ -gJ_1J~ Date Sigq~ (Please refer to IC 13-3t}6-2 for penalties of Submission of false information. False certification could result In imprisonment or a flee of up to 510,040) ¢UkUM2YJ0.1yvNtifl xviovYq¢;i,y rurtifitumJOc 12/20/2002 10:26 3175712615 CARMEL FIRE PAGE 01/01 kACSIMILE TRANSMITTAL SI-IEET DATE DECEMBER 20, 2002 TOTAL # OF PAGES: 1 TO; JANET STERLING, SCHNEIDER ENGINEERING FROM: GARY HOYT, EIRE MARSHAL CARbfEL FIRE DEPARTMENT ^ URGENT ~' FOR RGVIHW ^ P1,8ASL COMMIiNY ^ PLIiAtiE RIiP1.Y ^ PLLASB RR:CYCLIS NOTES /COMMENTS: RE: RIVERVIEW MEDICAL PARK J.-1IvET, AFTER REVIEW AND DISCUSSION WITH MY STAFF, THE LOCATIONS OF THE EIRE HYDRANTS ARE ACCEPTABLE. WE WOULD LIKE THE FIRE DEPARTMENT CONNECTION THAT IS CURRENTLY LOCATED ON THL- NORTHWEST CORNER OF THE IMMI~DIATE CARE BUILAING MOVED .9ND LOCATED AS A FREE STANDING CONNECTION ALONG 146TM ST. WE WOULD THEN 8E ABLE TO USE THE EXISTING FIRE HXDAA.NT ON 146'" ST. WTI'HOUT HAVING TO HAND L,9Y OUR HOSE. IF YOU HAVF~. ANY FURTHJC1i QUESTIONS Ulz COMMENTS, FI_EWASE CONTACT OUR OFFICE. GARY A. HOYT, FIRE MARSHAL CARMEL FIRE PREVENTION BURE.9U 2 CARMEL CIVIC SQUARE CARDIEL, INDIANA 46032 X17-s71-z6oo 317-571-2615 -FAX CITY OF CARMEL I+IRE DEPARTMENT NATURAL RESOURCES PLAN REVIEW AND COMMENT Hamilton County Soil and Water Conservation District 1108 South 91h Street, Noblesville 1N 46060 Ph- 317-773-1432 or Email at john-south@iaswcd.org Project Name- Riverview Medical Park Primary Location- Southeast corner of 146°i and Hazel Dell Rd. Acreage- ] 3 ac Owner/Developer- Plum Creek Partners 320 N. Meridian Street, Suite 700 Indianapolis, 1N Engineer- Reviewed By: Plan Review Date: Soils Information: Mr. Robert Doster The Schneider Corporation 8901 Otis Avenue Indianapolis, IN 46216-1037 John B. South P.E. Certified Professional in L'rosion and Sedimcni Control January ] 0, 2003 Brookston silty clay loam- this soil is dark colored, silty in texture and on depressional uplands. It is deep and very poorly drained with moderate permeability. It has high available water for plant growth and high organic matter content. It has compact till starting at a depth of 40 to 60 inches. The main soil features that affect the urban development uses are seasonal high water table, high potential frost action, moderate shrink-swell potential, moderate permeability and ponded surface water. Crosby silt loam, 0-3 percent slopes- this soil is light colored, silty in texture and on sloping uplands. It is deep and somewhat poorly drained with slow permeability. It has high available water for plant growth and medium organic matter content. The soil has compact till starting at a depth between 20 ~0 inches. The main soil features that affect urban development uses are seasonal high water table, moderate shrink-swell potential, high potential frost action and slow permeability. Miami silt loam, 2-6 percent slopes- this soil is light colored, silty in texture and on sloping uplands. It is deep and well drained with moderate permeability. It has moderate available water for plant growth and a medium organic matter content. It has compact till starting at a depth between 20- 40 inches. The main soil features that adversely affect urban development uses are moderate potential frost action, moderate shrink-swell potential, moderately slow permeability, low strength and erosion during construction. Ockley silt loam, 0-2 % slopes- This nearly level, deep well drained soil is mainly on broad terraces. Permeability and available water capacity is moderate. This soil is suitable for urban development. Features that adversely affect engineering uses of this soil arc moderate frost action, moderate shrink-swell potential, moderate permeability in the subsoil and very rapid permeability in the under lying material. Westland silty clay loatn -This nearly level, deep, very poorly drained soil is in depressions, swales, and narrow drainageways on outwash plains. Runoff from higher adjacent soils is ponded on this soil. Permeability is slow. The water table is commonly at the surface or is at a depth of less than one foot in winter and early spring. Available water capacity is high. Surface runoff is ponded or is very slow. The main soil features that adversely affect engineering uses of this soil are a seasonal high water table, high potential frost action, moderate shrink-swell potential, and slow permeability. The base material for roads needs to be replaced or strengthened with suitable material. ~ Additional information about soils is available in the "Soil Survey of Hamilton County". The engineer and/or developer should consider the need for an onsite soils investigation. ] have reviewed the plans for this project and have the following comments: Improvements are needed to the existing drainage way at the southwest corner. An improved channel or pipe needs to connect the existing 53"x34"RCP to the improved channel that exists on the church property. >/xisting wells need to be capped properly and according to local, cowrty and state regulations. • The erosion control plan will be reviewed with the construction plans. Should you have questions concerning these comments, please contact me. Cc: Jon Dobosiewicz, Carmel DOCS Jenny Chapman, Surveyor Steve Broermann, County Highway Pile .' ~ ~ F D I,~~~'FO ', OCR, G,~ COMMITMENTS CONCERNING THE " USE AND DEVELOPMENT OF REAL ESTATE _. Plum Creek Partners, LLC ("Plum Creek") makes the following commitments ("Commitments") to the Plan Commission (the "Commission") of the City of Carmel, Indiana: Description of Real Estate. The real estate is legally described on Exhibit A (the "Real Estate"). 2. 3 Docket Number. The Docket Number is 164-02-Z, under which primary plat approval was granted, subject to and conditioned upon compliance with these Commitments. Definitions. A. The "City" shall mean and refer to the City of Carmel, Indiana. B. The term "Common Area North of Lot 5" shall mean the common area, in Ashmore Trace, immediately north of Lot 5 in Ashmore Trace. C. The term "Lot 5" shall mean and refer to Lot 5 in Ashmore Trace. D. The term "Lot 8" shall mean and refer to Lot 8 in Ashmore Trace. E. The term "the Plat of Ashmore Trace" shall mean and refer to the plat of Ashmore Trace, recorded with the Recorder of Hamilton County, Indiana, as Instrument No. 4. Architectural Standards. The following shall be required and applicable to all residences constructed upon the Real Estate: A. Landscaping in the Common Area north of Lot 5. After receiving [he consent and permission of the Homeowner Association of Ashmore Trace, the Developer will plant, withint he Common Area immediately north of Lot 5, six (6) Colorado Blue Spruce, four (4) Sea Green or Hetz Blue Junipers, and one (1) Red Bud. The Blue Spruce will be six (6) Peet tall at planting. The Red Bud will have a 1.5 inch caliper at planting, measured at ground level. Both juniper choices will be twenty-four (24) inches in height at planting. B. Lands~ing on Lot 5. After receiving the consent and permission of the owner of Lot 5, the Developer will plant four (4) Colorado Blue Spruce, twenty-one (21) Sca Green or Hetz Blue Junipers, six (6) Double File Viburnum, and three (3) Rcd Buds. The Blue Spruce will be six (6) feet tall at planting, the Red Bud will have a 1.5 inch caliper at planting, measured at ground level, and both juniper choices will be twenty-four (24) inches in height at planting. C. Landsca~~ on I,ot 8. After receiving the consent and permission of the owner of f,ot 8, the Developer will plant four (4) Norway Spruce, Piftccn (l5) Sea Green or Hetz Blue Junipers, three (3) Double File Viburnum, and two (2) Ked Buds. The Norway Spruce will be six (6) feet tall at planting, the Red Bud will have a 1.5 inch caliper at planting, measm'ed at ground level. Both juniper choices will be twenty-four (24) inches in height at planting. D. The foregoing landscaping to be planted is illustrated on the drawings attached hereto and incorporated herein by reference as Exhibit "A" in three (3) parts. S. Binding on Successors and Assiens. After the Effective Date (defined below), these Commitments are binding upon Developer, each subsequent owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by die Rules of the Commission. 6. Effective Date. The commitments contained herein shall be of no force and effect until The occurrence of all of the following: A. The approval of the plat request under Docket Number ;and B. The acquisition of title to the Real Estate (i) by the Developer, (ii) by Developers grantee, successor or assign, or (iii) by any person or entity who develops the Real Estate pursuant to the approvals obtained under Docket Number ;and C. The commencement of the development of the Real Estate pursuant to approvals obtained under Docket Number 7. Recording. The undersigned shall record these Commitments in the Office of the Recorder of Hamilton County, lndiana, upon the occun~ence of all events specified in paragraph 7 above. 8. Enforcement. These Commitments may be enforced by the Commission and the City of Carmel and any owner of part or all of the Rcal Estate. 9. Compliance Confirmation. The Director of the Department of Community Development of the City of Carmel, Indiana, shall, when requested by the owner of the Rcal Estate, ~_ dive written assurance, in letter form, that the owner of the Real Estate has or has not complied with these Commitments. EXECUTED this day of 2003. PLUM CREEK PARTNERS, LLC By: Bryan Chandler STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Bryan Chandler, the of Plum Creek Partners, LLC, ~~~ho acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this _ day of , X003. My Commission Expires: Notary Public -Signature Residing in County Printed Name Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3021 East 98'~ Street, Suite 220, Indianapolis, Indiana 46204. II U,~nciAPlum GcG\Gmml micros-HG 05190] ~~ -3- h ,. Exi~~-T .~A„ LEGAL DESCRIPTION Part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 18 North, Rance 4 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of the Northwest Quarter of said section which corner bears North 90 degrees 00 minutes 00 seconds East (assumed bearing) a distance of 1314.90 feet from the Northwest Comer of said Quarter and South 90 degrees 00 minutes 00 seconds West a distance of 1314.90 feet from the Northeast corner of said Quarter; thence South 00 degree 07 minutes 24 seconds West along the east line of said Quarter Quarter a distance of 74.16 feet to the southeast corner of a h~act of land described in Instrument Number 199909958424 in the Office of the Recorder of Hamilton County, said point also being to Point of Beginning, thence continuing along said east line, South 00 degree 07 minutes 24 seconds West a distance of 387.8] feet to a point that is North 00 degree 07 minutes 24 seconds East a distance of 200.00 feet from the Southeast corner of the North half of said Quarter Quarter; thence North 89 degrees 57 minutes 32 seconds West parallel with the south line of the north half of said Quarter Quarter a distance of 1235.33 feet to a point South 89 degrees 57 minutes 32 seconds East a distance of 80.00 feet from the west line of said Quarter Section; thence North 00 degree IO minutes 35 seconds EasC parallel with said west line a distance of 360.83 feet; thence Noah 45 degrees Ol minutes 57 seconds East a distance of 56.96 feet to a point 60.00 feet south of_the north line of said Section; thence North 90 degrees 00 minutes 00 seconds East parallel with said north line a distance of 371.42 feet to the west corner of said land described in Insh~ument Number 199909958424; thence along the south line of said tract the following five courses: I) North 81 degrees I2 minutes 00 seconds West a distance of 66.12 feet to the point of curvature of a curve to the left having a radius of 22,847.77 feet, the radius point of which bears North OL decree 00 minute 00 second Ease 2) thence Southeasterly along said curve a distance of 163.26 feet to a point which bears South 00 degree 35 minutes 26 seconds West from said radius point; 3) thence South 89 degrees 00 minutes 00 seconds East a distance of 492.42 feet; 4) thence North 85 degrees 13 minutes 46 seconds East a distance of 82.44 feet; 5) thence South 89 degrees 53 minutes 09 seconds Gast a distance 20.26 feet to the point of beginning, containing ] 1.09 awes, more or less. J:mctAPlwn CmekVCommiuncnts-HC 051903doc 4- Sponsor: Councilor Waync Wilson ,,qq a` `'\\ RECFIU '~~ ~ J11~~ 1.1.~~ ~~ p~CS ORDINANCE NO. Z-410-03 RIVERVIEW MEDICAL PARK PLANNED UNIT DEVELOPMENT DISTRICT Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-410-03 AN ORDINANCE OF THE COMMON COUNCIL OF'I'HE CITY OF CARMEL, INDIANA ESTABLISHING THE RIVERVIEW MEDICAL PARK PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 24 of the Carmel/Clay Zoning Ordinance Z-160 (the "Carmel/Clay Zoning Ordinance") provides in its Section 24, for the establishment of a Planned Unit Development District in accordance with the requirements of LC. § 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes the Riverview Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to IC §36-7-4-1500 et sey., this Ordinance is adopted as an amendment to the Carmel/Clay Zoning Ordinance, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, and (iii) this Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 Applicability of Ordinance: Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit `A' (the "Real Estate") as a Planned Unit Development District, to be known as Riverview Medical Park (Riverview). Section L2 Development in the Planned Unit Development District shall be governed entirely by (i) the provisions of this Ordinance, and (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Ordinance. The provisions of this Ordinance shall govern in Che event of a conflict between this Ordinance and the Carmel/Clay Zoning Ordinance. Section 1.3 Any capitalized term not defined herein shall have the meaning as sct forth in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this Ordinance. Section 2 Permitted Primary Uses: Attached hereto and incorporated herein by reference as Exhibit "B" is a conceptual plan (the "Conceptual Plan") showing the division of the Real Estate into Parcel 1, parcel 2, and Parcel 3. Permitted primary uses arc as follows: Section 2.l Parcel I primary uses are clinics; medical health centers; medical laboratories; medical, dental and optical offices. Section 2.2 Parcel 2 primary uses are clinics; medical health centers; medical laboratories; medical, de~txl and optical offices. Section 23 Parcel 3 primary uses are clinics; medical health centers: medical laboratories; medical, dental and optical offices; general offices; financial institutions; banks; a~edit unions. Section 3 Accessory Buildings and Uses: Accessory Structures and Accessory Uses shall be permitted, except that any detached accessory Building shown in any Preliminary Development Plan shall have, on all sides, the same architectural features or shall be architecturally compatible with the principal Building(s) with which it is associated. Section 4 Communication E uipment: Cell towers shall not be permitted. Communications equipment, as required by the Building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the Building(s) with which it is associated. Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the area requirements set forth below in Section 6. However, the development of any parce! shall conform to all Preliminary Development Plans and Final Development Plans which are approved or amended per the terms of Section 123 below, and all other applicable requirements contained in this Ordinance. Section 6 Height and Area Requirements: Section 6.1 Maximum Buildin Height: The maximum Building Height shall be twenty- eight (28) feet except for the entry tower on what is identified on the Conceptual Plan as the Carepoint Immediate Care Center, which shall be a maximum height of thirty-five (35) feet. All Buildings shall have sloped roofs and no more Chan one (])floor capable of being occupied, excluding basements. Section 6.2 Minimum Set Back: The minimum Set Back from the east boundary line of the Real Estate shall be one hundred fifty (150) feet, the minimum Set Back from south boundary lineof the Real Eslatc shall be dirty-five (35) feet and the minimum set back from the west boundary lint of the Real Estate shall be forty (40) feet. The minimum set back from the north boundary line of the Real Estate shall be forty (40) feet; provided. however, that (i) die Building located closest to 146` Street on Parcel 1 shall be set back no more than twenty-five (25) feet from die southern boundary line of 146°' Street, (ii) the Building located closest to L46`~' Sweet on Parcel 2 shall be set back no more than twenty-five (25) feet from the southern boundmy line of 146` Street, and (iii) the 3 Building located on Parcel 3 shall be set back na more than sixty (60) feet from the southern boundary line of 146°i Street. Section 6.3 Minimum Building_Se oration. The minimum Building distance between Buildings, measured fi'om the exterior face of the foundation, shall be twenty (20) feet. Section 6.4 Minimum Side Yard. The minimum side yards between Parcel 1, Parcel 2 and Parcel 3 shall be ten (10) feet. Parking areas, pavement, drives, sidewalks and similar structures mayexist in side yards. Section 6.5 Architectural Design Requirements A. Suitabilit of Buildin Materials: A minimum of three materials shall be used for Building exterior's, from the following list: stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal, wood, and EIFS. At least 70% of the Building materials, exclusive of roofs, doors, windows, and gables, shall be brick, block, and/or stone. B. Roof Design: Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. Roof slopes may vary from a minimum of 12 horizontal to 4 vertical, to a maximum of 12 horizontal to 12 vertical. C. Design Vocabulary: All Buildings shall be designed using the same design vocabulary including, without limitation, Building materials, colors, and proportions. Section 6.6 Maximum Number of Buildings and Maximum Gross Floor Area: A. Parcel 1. No more than two (2) Buildings shall be located on Parcel 1. No Building on Parcel 1 shall exceed twenty thousand (?0,000) square feet of Gross Floor Area, excluding the floor area of any Accessory Structure(s). All Buildings on Parcel 1, together, shall not exceed thirty-nine thousand (39,000) square feet of Gross Floor Area. Basements are permitted in all Buildings, but (i) the square footage of basements shall be excluded in determining Gross Floor Arca and (ii) basements shall be used for storage only. B. Parcel 2. No more than two (2) Buildings shall be located on Parcel 2. No Building in Parcel 2 shall exceed thirty thousand (3Q000) square feet of Gross Floor Arcu, excluding the floor area of any Accessory Structure(s). All Buildings in Parcel ? together, shall not exceed thirty thousand (30,000) square feet of Gross Floor Area. Basements are permitted in all Buildings, but (i) the square footage of basements shall be excluded in 4 determining Gross Floor Area and (ii) basements shall be used for storage only. C. Parcel 3. No more than one (1) Building shall be located on Parcel 3. The Building shall not exceed eight thousand (8,000) square feet of Gross Floor Area, excluding the floor area of any Accessory Structure(s). Basements are permitted in all Buildings, but (i) die square footage of basements shall be excluded in determining Gross Floor Area and (ii) basements shall be used for storage only. Section 7 Landscaping Requirements Section 7.1 Areas to Be Landscaped: A. 146°i SU'eet Buffer Yard. The 146` Street Buffer Yard shall be twenty-five (25) feet in width along that portion of the real estate contiguous with 146`r Street. The purpose of the 146`x' Street Buffer Yard is to improve the strcetscape with a landscaped green area adjacent to 146`x' Street. 2. The landscaping in the 146` Street Buffer Yard shall include, within each one hundred (100) foot increment, (i) four (4) shade trees and (ii) thirty (30) shrubs. Evergreen trees may be substituted for shade trees and, for each two (2) evergreen trees planted, one (1) fewer shade tree will be required. Where the area between 146°i Street and the north elevation of Buildings, located on Parcel 1 and Parcel 2 closest to 146' Street, is uninterrupted by driveways, drive aisles, and parking, the Building Foundation Plantings (described below) shall also qualify as and count toward to 146' Street Buffer Yard planting requirements. B. Hazel Dell Parkway Buffer Yard. The Hazel Dell Parkway Buffer Yard shall be fifteen (IS) feet in width along that portion of the real estate contiguous with Hazel Dell Parkway. The purpose of the Hazel Dell Parkway Buffer Yard is to improve the streetscape with a landscaped green area adjacent to Hazel Dell Parkway. 2. The landscaping in the Hazel Dell Parkway Buffer Yard shall include, within each one hundred (100) foot ina~ement, (i) thirty (30) shrubs except in [he area of the Hazel Dcll Parkway Buffer Yard south of enU'ance fi~om Hazel Dell Parkway shown on the Conceptual Plan and (ii) four (4) shade trees. Evergreen trees may 5 be substituted for shade u~ees and, for each two (2) evergreen U~ees planted, one (1) fewer shade tree will be required. C. South Buffer Yard. The South Buffer Yard ~n~ill be fifteen (15) feet in ia~idth along that portion of the real estate contiguous wish the southern boundary of the real estate. The purpose of the South Buffer Yard is to provide a transition to residential use. 2. The landscaping within the South Buffer Yard shall include, within each one hundred (100) foot ina'ement, (i) five (5) shade trees, (ii) five (5) ornamental trees, and (iii) twenty-seven (27) shrubs. Evergreen trees may be substituted for shade trees and, for each two (2) evergreen trees planted, one (1) fewer shade tree will be required. D. East Buffer Yard. The East Buffer Yard will be one hundred twenty (120) feet in width along that portion of the real estate contiguous with the eastern boundary of the real estate. The purpose of the East Buffer Yard is to provide a transition [o residential use. 2. The landscaping within the East Buffer Yard shall include, within each one hundred (100) foot increment, (i) five (5) shade trees, (ii) five (5) ornamental trees, and (iii) twenty-seven (27) shrubs. Evergreen trees may be substituted for shade trees and, for each two (2) evergreen trees planted, one (1) fewer shade tree will be required. Evergreen trees may be substituted for ornamental trees at a ratio of one (I) evergreen tree per one (I) ornamental tree (1:1). Evergreen trees may also be substituted for shrubbery at a ratio of three (3) shrubs per one (1) evergreen U'ee (3:1). Existing h~ees may be substituted for required trees. E. Building Foundation Plantings. Each Building will have fan- elevations; namely, a north elevation, a south elevation, an east elevation, and a west elevation: Fifty (50) percent of the length of three of the four elevations shall be occupied by shrubs, all of which will be planted within ten (10) feet of the applicable elevation; 2. In addition, shade trees, ornamental trees or evergreen trees will be planted within thirty (30) feet of each [3uilding, in areas and 6 groupings determined by die developer. The number of required trees shall be equal to the total lineal feet of the perimeter of the Building divided by fifty (50). 3. The plantings within the 146'x' Sheet Buffer Yard shall be credited against any plantings required adjacent to the north elevation of the Buildings on Parcel 1, Parcel ?, and Parcel 3 which are closest to 146'x' Street. F. Internal Parking Lot. Landscaping internal to parking lots shall occur at any combination of planting islands, planting peninsulas, and entrance ways; and G. Perimeter Parking Lot. Perimeter parking landscaping shall exist along the perimeter of the parking lot, except in those areas adjacent to the 146°i Street Buffer Yard, the South Buffer Yard, and the Hazel Dell Parkway Buffer Yard. In each 100' segment of the perimeter parking lot to be landscaped, perimeter parking lot landscaping shall consist of twenty-four (24) shrubs and either (i) three (3) evergreen trees or three (3) ornamental trees, or (ii) four (4) shade trees. Section 7 2 Landscaping Standards. All plants proposed to be used in accordance with any landscaping plans shall meet the following specifications: A. Shade Trees. A minimum trunk diameter of two and one-half (2-1/2) inches at six (6) inches above ground line, a minimum height of eight (8) feet, and a branching height of not less than one-third (1/3) nor mare than one-half (1/2) of the tree height; B. Ornamental Trees. A minimum trunk diameter of one and one-half (1-1/2) inches at six (6) inches above ground line; and C. Shrubs. Shrubs shall be twenty-four (24) inches at height at planting. Section 7.3 Conceptual Landsca e Plan. The Conceptual Landscape Plan is intended to illustrate the foregoing landscape requirements (i) for Parcel 1, (ii) the Southern Buffer Yard, and (iii) the Eastern Buffer Yard. The balance of the landscaping, not illustrated on the Conceptual Landscape Plan, shall comply with the foregoing written standards, and shall he considered with an application made for ADLS approval. 7 Section 7.4 Landscaping ]nstullation and Maintenance A. Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the City. If it is not possible to install the required landscaping because of weather conditions. the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the temporary Certificate of Occupancy. B. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the Development Requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. C. Changes After A proval: No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, Minor Alterations in landscaping may be approved by the Director in order to conform to specific site conditions. D. Ins ection: The Director shall have the authority to visit the Rea] Estate to inspect the landscaping and check it against the approved plan on file. Section 7.5 Initial Landscapine: Landscaping within all Bufferyards shall be installed during the first phase of construction/development. Section 8 Parkine Requirements: Section 8.1. The number of Parking Spaces required shall be one (1) Parking Space per three hundred (300) square feet of Gross Floor Area. Section 8?. There shall be an appropriate number of parking spaces, accessible to die Building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. Section 9 Li Mina Requirements: Section 9.1. A site lighting plan shall be submitted to the Commission along with the information and other plans for ADLS. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 8 A. Parking lot and service/storage area lighting; B. Architectural, display lighting; C. Security lighting; and D. Landscape lighting. Section 92. All site lighting shall be coordinated throughout the Real Estate and be of unifo~Tn design, color and materials. Section 93. The height of light standards shall no[ exceed twenty (20) feet including the foundation or the base. The base of the pole shall not exceed two (2) feet in height. Section 9.4. All exterior and street area lighting fixtures shall be of the "shoebox° variety, which directs light downward. Any parking lot lighting or Building lighting illumination emanating from the Real Estate shall not exceed (i) 0.1 foot candle at the east and south boundary tines, and (ii) 03 foot candles along all other perimeter boundaries of the Real Estate. Section LO Suns Section 10.1. Wall Signs - Parcel L Unless revised pursuant to ADLS amend approval and any required developmental standards variances, wall signs for Buildings on Parcel 1 shall be as Follows: A. Number & Type: The maximum number of identification signs permitted shall be three (3) wall signs for each Building. B. Maximum Sign Area: 45 syuare feet for each sign on what is identified on the Conceptual Plan as the Carepoint Immediate Care Center, and 50 square feet for each sign on what is identified on the Conceptual Plan as the Medical Office Building.. C. Location: The signs shall be located on the front of each Building. For location purposes of this Section f0. t, the front location of each Building shall be the north and west elevations of Buildings on Parcel 1., D. Design: All walls signs shall consist of individual letters and/or logo. E. Illumination: Internally illuminated. F. Sion Permit: Required. G. Fees: Required. 9 Section 10.2. Wall Signs -Parcel 2 and Parcel 3: Unless revised pursuant to ADLS amend approval and any required developmental standards variances, signs on Buildings on Parcel 2 and Parcel 3 shall be per the terms of the sign provisions of the Carmel/Clay Zoning Ordinance. Section 10.3. Center Identification Sign: A. Number: Two (2). B. Maximum Sign Area: Thirty (30) square feet. C. Maximum Height of Sign: Six (6) feet to top of sign area. D. Location: As permitted by ADLS approval; provided, however, that Center Identification Signs shall be set back at least ten (10) feet from the right-of-way and shall be within thirty (30) feet of the entrance. E. Design: Signs shall comply with the approved architectural scheme of the Buildings, and must be of a similar design, lighting and style of construction. All signs shall have the same background and white letters, unless otherwise approved by the Plan Commission. There shall be a minimum of three (3) tenants per signs, and a maximum of five (5) tenants per sign. Each tenant shall have equal space and may change only the horizontal line. F. Illumination: Internally illuminated. G. LandscaoinQ: Sign shall be accompanied by a landscaped area at least equal to the total sign area. H. Sign Permit: Required. Fees: Required. Section 104. Other Provisions. Section ?5.7.01 - "General Provisions", and 25.7.06-25.7.09 - "Legal Non-Conforming Signs, Sign Permits, Va~iancc, and Administration and Enforcement", of the Carmel/Cloy Township Sign Ordinance Z-302, are also incorporated by reference. Section 7 I Other ADLS Requirements Section 1 I.I Outside Storaee of Refuse or Merchandise: No outside, uncnclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within (i) separate Accessory Structure(s) the exterior building 10 materials of which shall be brick, or (ii) the building(s). Any separate Accessory Structure designed for refuse storage shall be architecturally compatible with the Building(s). Section ll? Mechanical E ui menL Any mechanical equipment visible from an adjoining street shall be screened with suitable waAs and landscaping and in general be architecturally compatible with the Building(s) with which it is associated. Section 12 Approval Process: Section 12.1 ADLS and Preliminary Development Plan Approval for Parcel 1. The Conceptual Plan constitutes the Preliminary Development Plan for Parcel 1. The architecture, design, lighting and landscaping for Parcel 1 and the imipovemen[s thereon, considered in connection with the Ordinance, do not require any further (i) ADLS approval or (ii) Development Plan approval other than Final Development Plan approval per the procedure set forth below in Section 12.3; provided, however, that signage for Buildings on Parcel 1 shall require ADLS approval by the Commission's Special Studies Committee, only. 1f there is a Substantial Alteration in the approved ADLS and Development Plan, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules oI procedure. Minor Alterations and Material Alterations may be approved by the Director. Section 12.2 ADLS Approval for Parcel 2 and Parcel 3 and Improvements thereon: A. The Commission shall consider an ADLS approval petition for the architecture, design, lighting, landscaping and signage of any improvement to Parcel 2 or Parcel 3. B. The ADLS approval request shall be a specific plan consisting of the architectural design of any Buildings, landscaping, lighting, and signage for any improvement to Parcel 2 or Parcel 3. C. The Commission shall approve the ADLS with or without conditions, or disapprove the ADLS. D. If there is a Substantial Alteration in the approved ADLS plans, review and approval of the amended plans by the Commission shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations and Material Alterations may be approved by the Director. E. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation imposed by this Ordinance or approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 1 Z 3 Approval or Denial of the Development Plan for Parcel ~ and Parcel 3: A. The Commission shall consider and approve, with or without conditions, or disapprove the Preliminary Development Plan for Parcel 2 and Parcel 3. B. The Director shall approve, with or without conditions, or disapprove the Final Development Plan (FDP) for Parcel 2 and Parcel 3; provided, however, the Director shall not unreasonably withhold or delay his/her approval of a FDP that is in substantial conformance with the Development Plan approved by the Commission and the requirements of this Ordinance. If the Director disapproves the FDP for Parcel 2 or Parcel 3, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for hearing before the Commission. C. An amendment to a FDP which does not alter the use of any land may be reviewed and approved by the Director. 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 by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and Building information. Section 13 Definitions and Rules of Construction: Section 13.1 General Rules of Construction. The fallowing general rules of construction and definitions shall apply to the regulations of this 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 reyuireme~~t. 12 Section 13? Definitions. A. Accessory SU~ucturc: A sh~ucture subordinate to a Building or use located on the Real Estate which is not used for permanent human occupancy. B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same Building as the main use, and incidental to the main use. C. Alteration. Material: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. D. Alteration. Minos: 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. E. Alteration, Substantial: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. F. Buffer Yard: All Buffer Yards shall be unoccupied, except for grass, plant materials, sidewalks, driveway cuts, lakes, ponds, retention and detention areas, road cuts, entrances, steps, walks, terraces, bike paths, lighting structures, and other similar structures. G. Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. H. Building Heieht: The vertical distance from the ground level at the main entrance to the mean height between eaves and ridges for gable, hip and gambrel roofs. I. City: The City of Carmel, Indiana. J. Commission: The Carmel/Clay Plan Commission. K. Council: The City Council of the City of Carmel, Indiana. L. County: Hamilton County, Indiana. M. Development Plan, preliminarx: A specific plan for the development of real property that is submitted for Commission approval showing proposed facilities, Buildings and structures. This plan review includes general landscaping, parking, drainage, erosion conh'ol, signage, lighting, 13 screening and Buildings information for a site. A development plan may include only parcels that are contiguous and not separated by the right-of- way of any highway in the state highway system. N. Development Requirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a Development Plan. O. 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. P. Footcandle: A unit of illumination It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. Q. Gross Floor Area (Construction Area): The floor area, as measured by the face of the exterior Building material. Gross Floor Area shall not include the floor area of any basements. R. Landscapine: The improvement of the Real Estate with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and ananged to produce an aesthetically pleasing effect. S. Parking S ace: An area having a rectangular area of not less than one hundred eighty (180) square feet and a minimum width of nine (9) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile. T. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. U. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". V. Right-of-Wav: An area of land permanently dedicated to provide light, air and access. W. Setback: The least measured distance between a Building or structure and the perimeter boundary of the Real Estate. For purposes of determining Set Back, the perimeter boundary of the Real Gstatc (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and 14 (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. X. Sien: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. Y. Story: That part of any Building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that part of the Building comprised between the level of the highest finished floor and the top of the roof beams. Z. Street: Aright-of-way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. AA. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. BB. Use: The employment or occupation of a Building, structure or land for a person's service, benefit or enjoyment. Section 14. Violations. All violations of this Ordinance shall be subject to Section 34.0 of the Camel/Clay Zoning Ordinance. 15 PASSED by the Common Cotmcil of the City of Carmel, Indiana this 2003, by a votc of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL day of Presiding Officer Kevin Kirby Luci Snyder, President Pro Tempore John R. Koven Robert Battreall N.L. Rundle Ronald E. Carter Wayne A. Wilson ATTEST: Diana L. Cordray,lAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the day of X003, at o'clock M. Diana L. Cordray, IAMC, Clerk Treasurer I6 Approved by me, Mayor of the City of Carmel, Indiana, this day of 2003, at o'clock M. James Brainard, Mayor ATTEST: Diana L. Cordray,lAMC, Clerk Treasurer This Instrument prepared by: Charles D. Frankenberger NELSON & FRANKENBERGER 3021 East 98`~ Street, Suite 220 Indianapolis, IN 46280 H:UacetAPlum CreekVDrafi PUD 051403.~oc t7