HomeMy WebLinkAboutApplicationTingley, Connie S
From: Butler, Angelina V
Sent: Thursday, December 18, 2003 9:48 AM
To: Tingley, Connie S
Cc: Li!lig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike
P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz,
Jon C
Subject: Docket No. Assignment: (V) Riverview Medical Park, Phase 1 (V- 133 -03 #03120026)
Connie,
Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary Docket
Number for (V) Riverview Medical Park, Phase I. It will be the following:
V- 133 -03 #03120026 $655.00
Total Fee: $655.00
Riverview Medical Park, Phase I (V- 133 -03/ #03120026)
The applicant seeks the following development standards variance:
V 133 03 #03120026 §6.1 (of Z- 410 -03) occupied floors
The site is located at 5925 East 146th Street.
The site is zoned PUD/Planned Unit Development.
Filed by James Shinaver of Nelson Frankenberger for Riverview Hospital.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, January 1, 2004. Published notice
is required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, January 23.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than noon, Friday, January 16. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to the Monday, February 23, 2004, agenda of the BZA.
5. This Item will appear on the January 26, 2004 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheets for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
PETITIONER: refer to your instruction sheet for more details.
The initial review of the applications show that one variance is needed, rather than two (refer to Sec 11.2 of 2 -410-
03 regarding roof).
Please contact Mr. Shinaver at 844 -0106 (Fax: 846 -8782) with this information. Once the file is updated please return it
to my office.
Thank you,
Angie
FROM: Connie
NOTES:
Attached is the filing information for:
Riverview Medical Park, Phase I
Please call if you have any questions.
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317- 571 -2417
Fax: 317- 571 -2426
FACSIMILE TELECOPY COVER LETTER
DATE: December 18, 2003
TO: Jim Shinaver, Nelson Frankenberger
FAX: 846 -8782
Attached hereto are 2 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. if you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
Butler, Angelina V
From:
Sent:
To:
Subject:
Riverview Medical
146th Hazel Dell Parkway
Parcel 1
DSV
contact:
Jim Shinaver
844 -0106
846 -8782 fax
Babbitt, Pamela A
Monday, December 15, 2003 9:04 AM
Brewer, Scott I; Butler, Angelina V; Dobosiewicz, Jon C; Hollibaugh, Mike P; Lillig, Laurence
M; Pattyn, Dawn E
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CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS A
DEVELOPMENTAL STANDARDS VARIANCE RE
DOCKET NO. DATE RECEIVED:
1) Applicant: Riverview Hospital
Address: c/o Jae Ebert, Vice President of Support Services, 395 Westfield;Road,
Noblesville, IN 46060 Phone: 317/776 -7110
Project Name: Parcel 1, Riverview Medical Park
Architect: Artekna Office of Architecture, c/o Tim Frank Phone: 317/955 -5090
321 East New York Street, Indianapolis, IN 46204
Attorney: Charles D. Frankenberger /James E. Shinaver Phone: 317/844 -0106
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Tenant
4) If Item (3) (c) is checked, please complete the following:
Owner of the property involved: Plum Creek Partners, LLC
ST 4
DEC 12 V 200
3
DOCS
Owner's address: c/o Bryan Chandler, 320 N. Meridian St., Suite 700, Indianapolis,
IN 46204
5) Record of Ownership:
Deed Book No. /Instrument No. Warranty Deed recorded on 9/15/00 as Instrument
#200000046232
Page: Purchase Date:
6) Common address of the property involved: 5925 146 Street East, Carmel, IN 46033
Legal description: See Exhibit A
Tax Map Parcel No.: 17- 10- 22- 00 -22- 001.000
7) State explanation of requested Developmental Standards Variance: (State what you want
to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies
and/or creates the need for this request).
See Exhibit `B"
8) State reasons supporting the Developmental Standards Variance: (Additionally, complete
the attached question sheet entitled "Findings of Fact Developmental Standards
Variance
See Exhibit "C"
9) Present zoning of the property (give exact classification): Riverview Medical Park
Planned Unit Development District Ordinance No. Z- 410 -03 enacted August 4, 2003
10) Size of lot/parcel in question: 5.74 acres, more or less
11) Present use of the property: Undergoing site development
12) Described the proposed use of the property: Immediate Care Center /Medical Health
Center and Offices
13) Is the property: Owner occupied
Renter occupied
Other Under site development to be tenant occupied
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in
connection with this property that would relate or affect its use for the specific purpose of
this application? If yes, give date and docket number, decision rendered and pertinent
explanation.
Riverview Medical Park Planned Unit Development District Ordinance No. Z- 410 -03
enacted August 4, 2003
15) Has work for which this Application is being filed already started? If answer is yes, give
details:
Undergoing site development
Building Permit Number: Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately following approval
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
The Applicant, its successors and assigns, and subsequent owners of the real estate.
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior
to the public hearing date. The certified "Proof of Publication" affidavit of the newspaper must be available for
inspection the night of the hearing.
EXHIBIT "A"
LEGAL DESCRIPTION
I, James E. Shinaver, Attorney for the Applicant of the property involved in this
application, hereby swear that the foregoing signatures, statements and answers herein contained
and the information herewith submitted are in all aspects true and correct to the best of my
knowledge and belief.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
AFFIDAVIT
ilVile
Jam E.rrer
At
for Applicant and Owner
Before me, a Notary Public, in and for said County and State, personally appeared
James E. Shinaver, Attorney for Applicant, and acknowledged the execution of the foregoing.
WITNESS my hand and Notarial Seal this 12th day of December, 2003.
My Commission Expires:
Residing in /144-/216/17 County
EXHIBIT B
EXPLANATION OF REQUESTED
DEVELOPMENTAL STANDARDS VARIANCE
The Riverview Medical Park is located at the southeast corner of 146 Street and Hazel
Dell Parkway in Carmel. The Riverview Medical Park PUD Ordinance, Ordinance No.
Z- 410 -03, approved on August 4, 2003, sets forth the underlying zoning and development
standards for the Riverview Medical Park (hereafter "PUD Ordinance The Applicant,
Riverview Hospital, is the tenant for the two (2) buildings which are to be located on Parcel 1 of
the Riverview Medical Park complex. Building A is the Immediate Care Center "Building A
and Building B is the Medical Health Center and Office Building "Building B
The originally- approved plans and elevations for both Building A and Building B
included a basement for each. The proposed basements for Building A and Building B were to
be partially utilized for storage purposes. However, because of the high water table in the
immediate area near Building A and Building B, the Applicant has decided to forego installation
of basements for both Building A and Building B. As a result, the storage originally planned for
the basement of Building A is now proposed to be on the second floor /mezzanine level of
Building A. Further, because Building B will also no longer have a basement, the upper
level/mezzanine level for Building B is now proposed to be utilized for storage purposes, as well
as a few administrative offices and a conference room.
In addition, Riverview Hospital also originally proposed to store certain pool equipment
in the basement of Building B. However, because Building B will no longer include a basement,
Riverview Hospital now desires to store the pool equipment in an area which will extend from
the western portion of Building B. This western extension on Building B to be utilized for
storage will include a roof which is flat and not sloped.
In regard to the above changes, Section 6.5 of the Riverview PUD Ordinance provided
for sloped roof designs, and Section 6.6 of the PUD Ordinance required that basements be used
for storage. Based on the proposed changes described above, Riverview Hospital is requesting
variances from Section 6.5 and Section 6.6 of the PUD Ordinance.
Docket No.:
Petitioner: Riverview Hospital
EXHIBIT "C"
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE
1. The approval of this Variance will not be injurious to the public health, safety, morals
and general welfare of the community because the proposed variances will not have any
affect on the public health, safety, morals, and general welfare of the community and, in
part, the requested variances are necessitated by reason of a high water table in the areas
immediately near Building A and Building B, which prevents the inclusion of basements.
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because the requested variances are necessary
to improve the design of Building A and Building B and to also provide for adequate
storage in Building A and Building B.
3. The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficulties in the use of the property because the variances are needed to
provide improved building design for Building A and Building B and the practical
difficulty is due to the underlying site conditions relating to a high water table.
DECISION
IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that
Developmental Standards Variance Docket No. is granted, subject to any
conditions stated in the minutes of this Board, which are incorporated herein by reference and
made a part hereof.
ADOPTED this day of 2004.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
H :Uanet\Plum Creek\DSV Appin.doc
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
of counsel
JANE B. MERRILL
VIA HAND DELIVERY
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel; IN 46032
JES /j lw
Enclosures
H:Uanet \Riverview \Dobosiewicz ltr 122203.doc
NELSON
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS -AT -LAW
December 22, 2003
Hoso eiuleui N1edicalP
Two (2) sets of plans 8 -1/2 x 11;
Two (2) sets of colored drawings of the elevations;
A revised explanation regarding the variance request; and
An Owner and Petitioner Consent.
Very truly yours,
Re:
Dear Jon:
Please supplement the filing for the above matter with the following:
Variance Request
3105 EAsr 98m STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317 -844 -0106
FAX: 317- 846 -8782
Based on your voice mail message to me, my understanding is that the potential variance
identified regarding the roof over the storage extension is licit required. You also indicated that
the variance regarding the storage and offices on the second floor /mezzanine level pertained to
Section 6.1 of the underlying PUD Ordinance and not Sections 6.5 and 6.6. As a result of these
changes, I have supplemented the filing w ith the above. Contact me should you have any
questions.
NELSON FRANKENBERGER
SUPPLEMENTAL EXPLANATION FOR VARIANCE REQUEST
On November 12, 2003, Riverview Hospital (the "Petitioner filed a variance
request with the City of Carmel, Department of Community Services "Original Variance
Filing The Original Variance Filing referred to variances from Sections 6.5 and 6.6 of
the Riverview Medical Park PUD Ordinance. In fact, the Petitioner is actually requesting
a variance from Section 6.1 of the Riverview Medical Park PUD Ordinance as it pertains
to the requirement that "...no more than one (1) floor shall be capable of being occupied,
excluding basements." Due to a concern with the high water table in the area generally
surrounding Building A and Building B, Petitioner is no longer planning for Building A
and Building B to have basements. Consequently, the Petitioner requests permission to
allow storage in the second floor /mezzanine level of Building A and to also allow
storage, some administrative offices and a conference room on the second
floor /mezzanine level of Building B.
H:\Janet \Riverview \Supplemental Explanation 121803.doc
DEDEVC 1 119 LV 2003 VJ J• 10:i 2"' �1 AM NpOLYMPIA N(NO. 4211 P•P, 2/13
J
Date: (0
MM:Vanet\Riverview \Owner Consent.doe
OWNER CONSENT
Plum. Creek Partners, LLC, by Bryan Chandler, Member, the undersigned, the
petitioner ("Petitioner"), authorizes the law firm of Nelson FraDkenberger, P.C. and its
attorneys, agents, and representatives, to represent the Petitioner in connection with all
proceedings (the `Proceedings before the City of Cannel Plan Commission, its
Committees, and the Board of Zoning Appeals to obtain certain variances and amended
ADLS approval in regard to Parcel 1 of the Riverview Medical Park Complex, commonly
known as 5925 146 Street East, Carmel, Indiana 46033 (Tax Map Parcel No, 17- 10 -22-
00-22- 001.000).
PLUM CREEK PARTNERS, LLC
Gfn��vt.Q-
Bryan Chandler, Member
1 ��v� C am' -1
12,22/03 MON 10:48 FAX 31 ,7198
`MC -22 -2003 10:21AM FROM! NELSON 8 FRANNENBERCER
D 12/22/2003
H:VmleMive vlemPetiucnert Conscrtdoc
RECEIVED DEC 22 2003 11:OOAM FROM
Riverview Hospital E
PETITION'S CONSENT
817840678E T P.002/001 F 287
Riverview Hospital, by lac Ebb Vice President of Support Services, the
undersigned, the petitioner Petitioner), authorizes the law firm of Nelson
Frankcnberge P.C. and its attorneys, agents, and represented vco. lo represent the
Petitioner in connection with all proceedings (the `Proceedings before the Ciry of
Cannel Plan Commission, its Committees, and the Board of Zoning Appeals to obtain
certain variances and amended ADLS approval in regard to Parcel 1 of the Riverview
Medical Park Complex, commonly known as 5925 146 Street East, Carmel, Indiana
46033 (Tax Map Parcel No, 17- 10- 22-00- 23.001.000).
TO- NELSON FRANKENBERG PAGE 002
i 002
2
Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z- 410 =03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
RIVERVIEW MEDICAL PARK
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 24 of the Carmel/CIay 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 I.C. 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 TT ORDAINED by the Common Council of the City of
Carmel,. Indiana (the "Council that (i) pursuant to IC §36 -7 -4 -1500 et seq., 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 1.2 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 the event of a conflict between this Ordinance and the
Cannel/Clay Zoning Ordinance.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carm'el/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 are as follows:
Section 2.1 Parcel 1 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, dental and optical offices.
Section 2.3 Parcel 3 primary uses are clinics; medical health centers; medical
laboratories; medical, dental and optical offices; general offices; financial institutions;
banks; credit 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 Equipment: Cell towers shall not be permitted. Communications
equipment, as required by the Building occupants, shall be permitted and shall be screened with
suitable walls 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 parcel shall conform to all Preliminary Development Plans and Final
Development Plans which are approved or amended per the terms of Section 12.3 below, and all
other applicable requirements contained in this Ordinance.
Section 6 Height and Area Requirements:
Sec .,,n 6.1 Maximum Building Height: The maximum Building Height shall be twenty
eight 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 f thi
�t rty
(35) feet. A 'Biuldings shall ave'sloped roofstand no inor of a cvor
ableo
Ong occupied exclud
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 Estate shall be thirty -five (35) feet and the minimum set back
from the west boundary line 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) the Building located closest to 146 Street on Parcel 1 shall be set back
no more than twenty -five (25) feet from the southern boundary line of 146' Street,
3
1 PUt)
ordnance_
2-4\ o -03
(ii) the Building located closest to 146 Street on Parcel 2 shall be set back no more than
twenty -five (25) feet from the southern boundary line of 146 Street, and (iii) the
Building located on Parcel 3 shall be set back no more than sixty (60) feet from the
southern boundary line of 146 Street.
Section 6.3 Minimum Building Separation. The minimum Building distance between
Buildings, measured from 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 may exist in side yards.
Section 6.5 Architectural Design Requirements:
A. Suitability of Building Materials: A minimum of three materials shall be
used for Building exteriors, 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 (20,000) 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 Area 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 (30,000) square feet of
Gross Floor Area, excluding the floor area of any Accessory Structure(s).
All Buildings in Parcel 2, together, shall not exceed thirty thousand
4
5
(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
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) the 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 Street Buffer Yard.
1. The 146 Street Buffer Yard shall be twenty -five (25) feet in width
along that portion of the real estate contiguous with 146 Street.
The purpose of the 146 Street Buffer Yard is to improve the
streetscape with a landscaped green area adjacent to 146 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 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.
1. The Hazel Dell Parkway Buffer Yard shall be fifteen (15) 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 increment, (i) thirty
(30) shrubs except in the area of the Hazel Dell Parkway Buffer
Yard south of entrance from Hazel Dell Parkway shown on the
Conceptual Plan and (ii) four (4) shade trees. Evergreen trees may
be substituted for shade trees and, for each two (2) evergreen trees
planted, one (1) fewer shade tree will be required.
C. South Buffer Yard.
1. The South Buffer Yard will be fifteen (15) feet in width along that
portion of the real estate contiguous with 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 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.
D. East Buffer Yard.
1. 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 to 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 (1) evergreen tree per one (1) ornamental tree
(1:1). Evergreen trees may also be substituted for shrubbery at a
ratio of three (3) shrubs per one (1) evergreen tree (3:1). Existing
trees may be substituted for required trees.
E. Building Foundation Plantings. Each Building will have four elevations;
namely, a north elevation, a south elevation, an east elevation, and a west
elevation:
1. 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;
7
2. In addition, shade trees, ornamental trees or evergreen trees will be
planted within thirty (30) feet of each Building, in areas and
groupings determined by the 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 Street Buffer Yard shall be credited
against any plantings required adjacent to the north elevation of the
Buildings on Parcel 1, Parcel 2, and Parcel 3 which are closest to
146 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
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 more 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 Landscape 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 Iandscaping, not illustrated on
the Conceptual Landscape Plan, shall comply with the foregoing written standards, and
shall be considered with an application made for ADLS approval.
Section 7.4 Landscaping Installation 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 Approval: 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. 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 7.5 Initial Landsca g: Landscaping within all Bufferyards shall be installed
during the first phase of construction/development.
Section 8 Parking 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 8.2. There shall be an appropriate number of parking spaces, accessible to the
Building(s) and identified as reserved for use by handicapped individuals, and these
spaces shall meet State requirements.
Section 9 Lighting 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 alI site lighting, including:
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A. Parking lot and service/storage area lighting;
B. Architectural, display lighting;
C. Security lighting; and
D. Landscape lighting.
Section 9.2. All site lighting shall be coordinated throughout the Real Estate and be of
uniform design, color and materials.
Section 9.3. The height of light standards shall not 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 lines, and (ii) 0.3 foot candles along all other perimeter
boundaries of the Real Estate.
Section 10 Signs
Section 10.1. Wall Signs Parcel I. 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 Tie: The maximum number of identification signs permitted
shall be three (3) wall signs for each Building.
B. Maximum Sign Area: 45 square 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 10.1, 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. Sign Permit: Required.
G. Fees: Required.
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10
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. Landscaping: Sign shall be accompanied by a landscaped area at least
equal to the total sign area.
H. Sign Permit. Required.
I. Fees: Required.
Section 10.4. Other Provisions. Section 25.7.01 "General Provisions and
25.7.06- 25.7.09 "Legal Non Conforming Signs, Sign Permits, Variance, and
Administration and Enforcement of the Carmel/Clay Township Sign Ordinance Z -302,
are also incorporated by reference.
Section 11 Other ADLS Requirements
Section 11.1 Outside Storage of Refuse or Merchandise: No outside, unenclosed
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
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).
Mechanical Equipment: Any mechanical equipment a visible from
strdet shall be_sc eened witli suitable walls and =1'an"dsca n gone L
arcliifecturallyLehtpatible witlat Building(s)_ with= wh2ch_itiis 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 imrpovements 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. If 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 of 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. ADIS 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.
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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 12.3 Approval or Denial of the Development Plan for Parcel 2 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 following 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 requirement.
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Section 13.2 Definitions.
13
A. Accessory Structure: A structure 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, Minor: Any change to an approved plan of any type that
involves the revision of less than ten percent (10 of the plan's total area
or approved materials.
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 Height: 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 Cannel, Indiana.
L. County: Hamilton County, Indiana.
M. Development Plan, Preliminary: 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 control, signage, lighting,
Q.
14
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 (I) foot distant from a uniform source of one (1)
candlepower.
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. Landscaping: The improvement of the Real Estate with grass and
mounding, shrubs, trees, other vegetation and/or ornamental objects.
Landscaping may include pedestrian walks, flower beds, retention ponds,
ornamental objects such as fountains, statues and other similar natural or
artificial objects designed and arranged to produce an aesthetically
pleasing effect.
S. Parking Space: 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 -Way: 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 Estate (i) shall always mean
and refer to the outside perimeter boundary line of the Real Estate and
Prding Officer
OPPo
Ronald E. Carter
(ii) shall not be changed or reduced by reason of the platting or
subdivision of the Real Estate into smaller parcels.
X. Sign: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Cannel-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: A right -of -way, other than an alley, dedicated and accepted, or
otherwise legally established for public use, usually affording the principal
means of access to abutting property.
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 CarmeUClay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this 1 4- 4 day of
Gy 2003, by a vote of 5 ayes and .2. nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Prci yder, President Pro /aempore
15
ATTEST:
ee
Diana L. Cordray, IAMC, C k Treasurer
esented me to the Mayor of the City of Carmel, Indiana .the, day of
2003, at /d: o'clock A.M.
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2003, at o'clock .M.
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger
NELSON FRANKENBERGER
3021 East 98 Street, Suite 220
Indianapolis, IN 46280
16
James Brainard, Mayor
Diana L. Cordr`ay, IAMC, Clerk Tre er
Part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 18
North, Range 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 comer-bears North 90 degrees 00 minutes 00 seconds East
(assumed bearing) a distance of 1314.90 feet from the Northwest Corner 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 tract 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 387.81 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 10 minutes 35 seconds East parallel with said west line a
distance of 360.83 feet; thence North 45 degrees 01 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 Instrument Number 199909958424; thence
along the south line of said tract the following five courses: 1) North 81 degrees 12
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 01 degree
00 minute 00 second East; 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 East a distance 20.26 feet to the point of
beginning, containing 11.09 acres, more or less.
H:Vanet\Plum Creek \Legal Description 1I.09 acres.doc
EXHIBIT "A"
Legal Description
CERTIFICATION OF THE CARMEL /CLAY
PLAN COMMISSION'S RECOMMENDATION
ON THE 1 PETITION OF PLUM CREEK PARTNERS, LLC.
TO REZONE PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF 146 STREET AND HAZEL DELL PARKWAY
PURSUANT TO INDIANA CODE 36 -7 -4 -605
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission, offers you the following report on the application (Docket No. 164-
02 Z) of plum Creek Partners, LLC petitioning the Commission for a favorable recommendation to
rezone property generally located at the southeast corner of 146" Street and Hazel Dell Parkway:
The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is
"FAVORABLE."
At its regularly scheduled meeting of May 20, 2003, the Carmel /Clay Plan Commission voted ten (10) in
Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed
Ordinance No. Z- 410 -03 with a Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC
36- 7- 4- 608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as
Certified by the Commission. Ninety days from the date of this Certification is Thursday, August 28,
2003.
ona Hancock, ecretary
Carmel/Clay Plan Commission
Dated: May 30, 2003
2003- 05 -29; Z- 410 -03; Riverview PUD.rtf
ORDINANCE No. Z- 410 -03
Paul L. Spranger, P
I1ECEIVED
CARMEL CLERK
TRE.t S,.,. ;.'R