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HomeMy WebLinkAboutZ-528-09 Amend Z-344-00 PUD Sponsor Councilor Rider ORDINANCE Z-528 -09 AS AMENDED AN ORDINANCE OF TICE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING Z-344 00 —146 STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRIC1 ORDINANCE An a durance amending the 146th Street and Keystone Avenue Planned Unit Development Dist; Let Ordinance WIIEREAS Section 31 06 04 of the Carmel Zoning Ordinance Z 289, as amended, (the "Carmel Zoning Ordinance and I C 36 7 4 1512 provides for the amendment of a Planned Unit Development District, NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Camiel Indiana that pursuant to I C 36 7 4 1500 et sect and aftei teeming a favorable recommendation by the Carmel Plan Commission under docket number 08110007 OA, it hereby adopts this ordinance, ('PUD Ordinance Amendment to amend the 146 Street and Keystone Avenue Planned Unit Development Distnct Ordinance Z 344 00 (the "Original PUD Oi dinance and to amend the Cannel Zoning Oidrnance Section 1 Applicability of PUD Ordinance Amendment Section 1 1 The text of the Ongtnal PUD Oidmancc and of the Carmel Zoning Ordinance, is hereby amended to add the land described in Exhibit "A (the "Real Estate Section 1 2 The use and development of the Real Estate shall be governed by this PUD Ordinance Amendment This amendment shall have no effect on the use and development of real estate defined in the Onginal PUD Ordinance fo the extent that this PUD Ordinance Amendment is silent or does not address or otherwise cover an issue 01 item then the standaids and provisions of the Carmel Zoning Ordinance and the B 1 Business zoning district will apply to the issue of item involved in the development and /or use of the Real Estate Amendments to the Carmel Zoning Ordinance shall apply to this PUD Ordinance Amendment, unless this PUD Ordinance Amendment has specified an alternative or specific development or design standard Section 1 3 Any capinlized term not defined herein shall have the meaning as set forth in the Carmel Zoning Ordinance Section 1 4 All pnor Ordinances or parts thereof, inconsistent with any provision of this PUD Ordinance Amendment are hereby repealed Section 1 5 This PUD Otdiitance Amendment shall be in full force and effect from and liter its passage and signage by the Mayor VERSION A 08 17 -09 1 Section 2 Permitted Pnmary Uses Only the following uses shall be permitted on the Real Estate Art Gallery Kindergarten/Pieschool Clinic or Medical Health Center with Professional Offices operating hours between 7 00 A M ind 7 00 PM Day Nursery/Day Care Veterinary Clinic w/o comriaercial kennel with operating hours between 7 00 A M and 7 00 PM Financial institution (w /ATM as accessory use) Artificial Lake on Pond (non platted) General Offices Section 2 1 Hours of Open anion The houi s of operation for any permitted use on the Real Estate shall not continue beyond the 7 00 P M Section 2 2 Trash Pickup and Snow Removal Trash pickup from the Real Estate and snow removal on the Real Estate shall not occur before 7 00 A M or aftei 9 00 P M on any weekday (Monday through Friday) Trash pickup is not permitted on Sanurday or Sunday Section 2 3 Audio Systems No loudspeakeis or other audio system (excepting for a bank teller dnve up station)'shill be permitted Section 3 Accessory Buildings and Uses All accessory buildings and uses which are permitted in the B -1 zoning district shall be permitted, except that my detached accessory building shown in any Development Plan "DP shall have on all sides thedsame architectural features of shall be architecturally compatible with the pnncipal building(s) with which it is associated No accessory building shall eiceed eighteen (18) feet in height The dumpster within the trash enclosure shall not be taller than the approved height of the trash enclosure Section 4 Height and Are Reouii ements Section 4 1 Maximum Building Heights All uses thn ty (30) feet Section 4 2 Minimum Budding Setbacks The minimum building setback measured to the nearest right of -way shall be at least 45 feet Section 4 3 Minimum Gross Floor Area. Number of Tenants A Ail buildings shall have a minimum of four thousand (4 000) square feet of gross floor area, excluding the floor area of any basement canopy or any accessory building(s) B The initial building to be developed and constructed on the Real Estate is intended to be for a single tenant En the event that this building is not developed and constructed for, a single tenant and/or upon redevelopment of this VERSION A 08 17 -09 2 building or its site as a multi tenant building, then the provisions of paragraph C below shall apply C No building shall have more than three (3) tenants D Accessory buildings permitted need not meet the minimum floor area requirement Section 4 4 Maximum Parcel Coverage and Density A Maximum Parcel Coverage shall be sixty -five percent (65 B Maximum Floor Area Ratio (F A R) shall be 0 70, with the F A R being calculated by dividing the total gross floor area of a building or buildings on the Real Estate by the area of the Real Estate Section 4 5 Architectural Design Requirements A Building materials A minimum of three matenals shall be used for building exteriors from the following list stone, brick, architectural pie cast (panels of detailing) architectural metal panels, glass and ornamental metal Additional building materials may be used after the requirement of this paragraph is satisfied B Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane or gable or dormer Sloped roofs shall be either standing seam metal or dimensional shingles C F'ootpnnt All buildings shall be designed with a minimum of eight (8) external corners to eliminate box buildings D ETFS shall not be used within three (3) feet of ground level on any building Section 5 Landscaping Reouirements Section o 1 Landscaping Plan A Landscaping Plan for the Real Estate shall be submitted to the Plan Commission for its approval at the same time other plans e architectural design lighting parking and signage) are submitted This plan (1) shall be drawn to scale mcludmg dimensions and distances, (2) shall delineate all existing and proposed structures, pnvate parking areas walks, ramps for handicapped terraces, dive ways, signs, lighting standaids, steps and other sunilar structures, and (3) shall delineate the location, size and descnplion of all landscape nratenal VERSION A 08 17 09 3 Section 5 2 Areas to be Landscaped A Wall Relocation and Buffer Area 1 The existing 10' wall along Lowes Way will be relocated and extended along the entire east property line adjacent to the residential neighborhood commonly known as Danbury Estates A twenty (20) foot buffer area will extend along the ensue length of the wall and will be planted in evergreens Some of the evergreens will be relocated from the Lowes Way right of way and others will be new plantings The evergreen trees will be a minimum height of eight (8) feet with a width of not less than 3/5 of the height a Buffervards 1 Landscape bufferyards shall be requued on the Real Estate in accordance with Chapter 26 of the Carmel Zoning Ordinance i e bufferyard "A" for the north, south and west and bufferyard "D' on the east (located west of the relocated wall) C Planting Adjacent to Building(s) A planting area equal to an area five (5) feet in depth shall be installed on the sides of the building(s) but is not required on the east side of the building(s) 2 Sidewalks may be permitted in these areas but shall not occupy the entire area on any side of the building(s) 3 These adjacent planting areas need not be rectangular in shape Innovative and anginal designs are encouraged D Planting Within Parking Lots A minimum of one (1) shade tree and five (5) shrubs shall be planted within the parking area or along the penmeter of the parking area for every nine (9) spaces provided Section 5 3 Landscaping Standards A Intenor Areas The dimensions, specifications and design of; any planting area or planting median shall be sufficient to protect the landscaping matenals planted therein and to provide for proper growth The following minimum widths for u3tenor planting areas shall be used Canopy Trees 9 feet wide Ornamental Trees 7 feet wide Shrubs (only) 5 feet wide B Areas Adjacent to Building The pnrnary landscaping materials used in the areas adjacent to buildings shall be shade trees ornamental trees shrubs, ground covers, grasses and flowers VERSION A O8 17 -09 4 C Matenals All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications 1 Shade trees a minimum trunk diameter of 21/2 inches at six (6) inches above the ground hne, a minimum height of eight (8) feet and a branching height of not less than 1/3 nor more than 1/2 of tree height 2 Ornamental trees a minimum trunk diameter of 1'/x niches at six (6) inches above the ground hne a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height 3 Evergreen trees a minimum height of eight (8) feet a width of not less than 3/5 of the height 4 Deciduous shrubs minimum height of twenty four (24) inches with no less than six (6) main branches upon planting 5 Evergreen shrubs minimum height and spread of twenty-four (24) inches Section 5 4 Landscaping installation and Maintenance A Installation All required landscaping shall be Installed pnor to the issuance of a final Certificate of Occupancy by the Department 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 pnor to the issuance of the temporary Certificate of Occupancy 13 Maintenance It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with the development requirements specified for this PUD Oidinance Amendment This is to include but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical vaneties or a suitable substitute, and keeping the area free of refuse, debns rank vegetation and weeds C Changes After Approval No landscaping which has been approved by the Commission may later be materially altered eliminated or sacnficed, 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 Inspection The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file Section 6 Lighting Requirements A A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking signage, and hghhng, "ADLS The site lighting plan shall Include the layout, spread and intensity of all site lighting VERSION A 08 17 09 5 B The maximum height of fight standards shall not exceed fifteen (15) feet high C All site pole lights and wall mounted lights shall be low level 90° cutoff luminaires and shall not spill over into adjoining properties in excess of 0 3 footcandles in commercial areas, and 0 1 footcandles in residential areas Section 7 Signage Section 7 1 Single Tenant Building 1 Number Type The maximum number of Identification Signs permitted shall be one (1) wall sign on the north and west building facades and one monument sign There shall be no identification,signs on the east or south facades of the building if the adjacent real estate is residential m use 2 Maximum Sign Area West building facade wail sign 45 sq ft logo may be up to 70% of Sign Area North building facade wall sign 40 sq ft logo may be up to 40% of Sign Area 3 Location As shown on building elevation drawings 4 Design All wall signs shall consist of individual letters and/or company logo 5 Copy As per definition of ldentification,Sign 6 illumination Internal 7 Sign permit Required 8 Fees Required Section 7 2 Multi -Tenant Building 1 Number Type One (1) wall Identification Sign per business on the building frontage where the main entrance is located and one (1) monument sign There shall be no identification sign on the cast or south facades of the building if the adjacent real estate is iesidential in use 2 Maximum Sign Aiea Per Carmel Zoning Ordirianee 3 Location As shown on the building elevations 4 Design All wall signs shall consist of individual letters 5 Copy As per definition of Identification Sign 6 Illumination Internal 7 Signpermit Required 8 Fees Required VERSION A 08 17 09 6 Section 7 3 Monument Sign 1 Number Type One (1) ground sign For a multi- tenant building all building tenants shall equally share the Sign Area 2 Maximum Sign Area 60 sq ft 3 Maximum height of sign 6 feet 4 Location As shown on the site plan 5 Design Signs must comply with the approved architectural scheme of the complex, and must be of a similar design lighting and style of construction 6 Copy As per definition of Identification Sign 7 Illumination Internal or completely shielded 8 Landscaping Sign must be accompanied by a landscaped area at least equal to the total sign area 9 Sign permit Required 10 Fees Required Section 8 Rooftop Mechanical Equipment Any rooftop mechanical equipment visible from an adjoining street shall be fully screened ec i Modification of Development Requirements Any development requirements (other than permitted uses) that are specified in this PUD Ordinance Amendment may be modified by a heanng examiner /officer or committee designated by the Commission after a public heanng held in accordance with the Commission's Rules of Proceduie Any decision of a hearing examiner /officer or committee which approves or denies any requested modification may be appealed by the Director or any interested party to the Commission, also in accordance with the Commission's Rules of Procedure Section 10 Approval of ADLS A The Plan Commission shall consider an ADLS for any project on the Real Estate B The Plan Commission shall consider an ADLS simultaneously with the approval of this PUD Ordinance Amendment C The Plan Commission shall approve the ADLS without conditions, or approve with conditions D If there is a Matenal Alteration in the ADLS plans, review and approval by the Commission shall be made by the Commission or a Committee thereof pursuant to the Commission's Rules of Procedure E The ADLS shall be a specific plan consisting of the architectural design of any buildings landscaping lighting, and signage for the Real Estate VERSION A 08 -17 09 7 Section 11 Approval or Denial of the Development Plan A The Plan Commission shall consider a Development Plan for any project on the Real Estate B The Plan Commission shall consider a DP simultaneously with the approval of this PUD Ordinance Amendment C The Plan Commission shall approve the DP without conditions, or approve with conditions D An amendment to a DP which does not alter the use of any land may be reviewed and approved by the Director However, any interested party may appeal the decision of the Director directly to a committee of the Commission The DP shall be a specific plan fin the development of the Real Estate that is submitted showing proposed facilities and structures parking, drainage, erosion control, utthttes and building information for the Real Estate Section 12 Violations of PUD Ordinance Amendment All violations of this PUD Ordinance Amendment shall be subject to Section 34 0 of the Carmel Zoning Ordinance [SIGNATURES FOLLOW ON NEXT PAGE] VERSION A 08 17 09 8 PASSED by the Common Council of the City of Cannel Indiana this 1ihay of I t i 11t, 2009 by a vote of ayes and nays Q' COMMON COUNCIL FOR THE CITY Of CARMEL 4,....1/ I �I_I' gam. P sid ts-• Gnffiths a rn°.11411P W Enc S ensue er evin D Rider President Pro Tcmpore 0 PPos eI) John V Accetturo Richard L Shar le onald E Caster i Snyder Al TEST il --Lt.-E L' i/l, Diana L Cordray, IAMC Clerk T Hier VERSION A O8 17 09 9 Present l ed by me to the Mayor of the City of Carmel Indiana the I e day of (IA i ,2009,at AM l K Diana L Cordray IAMC, Clerk 'assurer Approved by me, Mayor of the City of Carmel, Indiana, this PR day of quint dL 2009 at 10 3 3 A M L �i J e s Brainard Mayoi ATTEST Diana L Cordray, IAMC, Clerk -Tr user This Instrument prepared by Paul G Reis Esq Krieg DeVault LLP 12800 N Meridian Street, Sune 300 Cannel, Indiana 46032 KD_2130106_4 4,DOC VERSION A 08 17 09 10 EXHIBIT 4 LEGAL DESCRIPTION Part of the North Half of the Northwest Quarter of Section 19 Township 18 North Range 4 East in Hamilton County, Indiana, moreparticularly described as follows Commencing at the Northeast corner of the North Half of the Northwest Quarter of said Section 19 thence Soutli 89 degrees 05 minutes 16 seconds West (bearings based on NAD83 State Plane Coordinates East Zone) along the North line of the said Northwest 783 77 feet thence South 00 degrees 54 minutes 44 seconds East 75 46 feet to the South right of way line of 146th Street, thence along said South lint, South 89 degrees 05 minutes 16 seconds Wcst 137 13 feet to the Point of Begmning, thence South 00 degrees 10 minutes 51 seconds West 228 66 feet thence North 89 degrees 51 minutes 53 seconds West 127'17 feet, thence Sonth 45 degices 09 minutes 29 seconds West 61 25 feet thence South 00 degrees 10 minutes 51 West 234 84 feet thence South 43 degrees 58 minutes 24 seconds West 83 82 feet, thence South 67 degrees 42 minutes 15 seconds West 44 37 feet thence North 89 degrees 49 minutes 09 seconds West 10 00 feet to the East right of way line of Lowe's Way, thence along said East line North 00 degrees 10 minutes 51 seconds East 579 06 feet to the South right of way Tine of 146th Street, thence along said South line, North 89 degrees 05 minutes 16 seconds East 279 51 feet containing 2 291 acres more or less VERSION A 08 17 09 11 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF KITE GREYHOUND III, LLC TO AMEND THE 146 STREET AND KEYSTONE AVENUE PUD ORDINANCE PURSUANT TO INDIANA CODE 36-7 -4-605 ORDINANCE Z- 528-09 An Oi durance to Amend the 146 Sheet and Keystone Avenue Planned Unit Development (PUD) Oi durance To This Honorable Common Council of the City of Carmel Hamilton County, Indiana peal Members The Carmel Advisory Plan Commission offers you the following report an the application to the Commission (Docket No 08110007 OA) to amend Ordinance Z-344 -00 146 Street and Keystone Avenue PUD in order to Include 1 7 act es at the southeastacorner of 146 St and Lowe s Way The site is currently zoned R 4/Rcsidence The Cannel Advisory Plan Commissions recommendation on the petition is FAVORABLE At its regulaily scheduled meeting on May 19 2009 the Commission voted eight (8) m .Favor, zero (0) Opposed zero (0) Abstaming to forward to the Common Council the proposed Ordinance Z- 528 -09 with a Favorable Recommend'ltion Please be advised that by virtue of the Commission s Favorable Recommendation, pursuant to 1C 36- 7- 4- 607(0)(3), the Council has ninety (90) days to act on this petition before it becomes effective es Certified by the Commission Ninety days from the date of the ongmal Certification (May 27 2009) is Tuesday August 25, 2009 C' EL PLAN CO ISSIOIS o Dierckinnn Presiden Rpmona incoc Secretary Pb Carmel Advisory Plan Commission -a Dated Ma) 27, 2009 0 71109 04 08110007 04 Z 523.09 PC Cn1iait= PJ PU