HomeMy WebLinkAboutPacket 03-21-00146 Street and Keystone Avenue Project
Carmel, Indiana
Kite Greyhound, LLC
March 15, 2000
1 146 Street and Keystone Avenue Project
Carmel, Indiana
1
1 Kite Greyhound, LLC
1 March 15, 2000
1
Table of Contents
1. Renderings of views from U.S. 31 "Flyover" and 146 Street Bridge
1
2. Building Elevation Drawings of Lowe's Building
1
3. Building Elevation Drawings of Second Commercial Building
1
4. Road Cross Section Drawing for On and Off -Ramp System
1
5. Landscape Plan -Phase 1
1
6. Landscape Plan -Phase 2
1
7. Landscape and Cart Corral Details with East Property Line Screening Details
8. Revised Planned Unit Development Ordinance (with additions and deletions
1 marked)
9. Revised Planned Unit Development Ordinance (without additions and deletions
1 marked)
10. Proposed Commitments Concerning the Development and Use of the Real Estate
1
1
1
1
1
1
1
1
1 Tab 1
1
1
1
1
1
1
1
1
1
ap
I
4 11
1
II
I,
i 1
SO
1
C
'4 1
r 11, 4 I
A'
t, t
1
N
P I 'I 1
w
1
i
'ors
I' c°
4
g
P rj milk Ill 1 n
1 2 i
:MIL
4.4
1
1
.X
C14
0 1 I I z
1
t t i i
CU
1 1 1
0
1 i
1
1 z
FA :I
1
a ur i I aiL i
el
4 II
4
4 w
CI) 4 w
r
4.3
I
4
1
4
i
0 1
c
a
a
14
t s.:
4..)
%..C)
,..r■
r
I
I
I o.
B
I 1
1 i 7 I
.0.
I l
1
i
vg g
I
s eb
ti'
0
4.
I
1 4
I
1
1
Tab 2
1
1
1
1
1
1
1
1
1 1 W
WW/ E
I
0
q i
EV-
go,,
1 1
I
'i t
j
l I- Rg.g I
4 I
1
I 1
t l
1
tt,.....
«-go
r
4
I
i
I f
a) r f
2,
r
f 44.1
n 11 I i
1
z
_.,1 g
t ,1
!1:= Rigo,1
14u; II k a
1_ 'L 01 til ofri
1
1 E
N A..
L
t
z k
I
tu
1
I .4
4.4
1
I.
/.....4
I ti''':,
tr
i i E
ilWr 1
.6.
41#411
r
d
'i
4; 1,11
r ,I 0
1
VEEN
:1 Pal
4 1 1
14
I
1
1 p,
ir
IIIIMpi
IP
3 171:44i"
1 0
1 1 1 1
i 1 j
7,
1
I 1
1
1
1.:
I 1
t
I le 1 I It_
I P 1, ut
4 igl
1 0 ir
LEs t V Y1
11:
It S
I 4-4
1 i ci 91 li
11
U 1
I E
4
to) Z1
I
0)
31, ,ATS, 0
o
11' 'ts- u 1- z
1-
I I"
41 w
1 ,J. -I_
lei
4 0
in 11 L C4M i
1 64117 Si w 3
I 'f;tr41
4.4 TC f
6
ce
On 7,..6
V 4
I ,P4
4.
\C) 1
gg^
=gvl
g... 0
A 6.1=A
v..4 1 t 41
1
i i 1
■1 114
1
1
1 L
1 I 1
t o i I I
g
-z. .:4! 67■ 4 :t i
1
1
I
1
1
1
I
1
1 Tab J
1
1
1
1
1
1
1
1
1
1
1
'1 0
1C4fr4.. :00,
ov 1
r
1 ki :till
1
1
I
r
a r
W
3 O
a
1
I
0
0 a
o Z 11 z
1 n a
rc
d 0
i '.1 ..0
A
t '1 4 4 t W ate, El
j J
1 W Ai b
Y r.. a
4.) t
ma y. t
v
W
1- I
F
z
Q
I W
1
r r
a
C
a
I
w
1
I
'1 z
1
1 L
_.____rte
31 5
I
1 P
1
1
4
I 1
0
1 ul
I 1
0
r
I
4 i
-I 4.,„'•
'S 14 w
II 4.4
I
I
0 1 L
E
o I 1
.E
4 16. 5 I E 1 1
1
1
i ':rr
s,:-.'..—,:,...
I
3.-----
1 s. a
1-
41- I r
1 11 1._
1
t i
1
I .4
4. .1
ri
r
.4—•-i
4--
1
ol
la 11 1
1 :j 41 I 1-
z
1 4
J 1 4
1 w
1, w
0 4
I r'
a
0
u. a
I
1 1
4 T
a
1 a
I
1 i
1 L
Tab 4
000z /zl, So9Si- as-zic Xb'd 009- LLS -LIC 1NgWdO73A30 vrrr,a,1 'snodvl+oaw
a N .0-.fr.IC/1" 03Z91 M iSI70dVNdi�tM saol/I Jas
,c, 439f[ ow Suns giaLligto 5u mnsuoo �I
2U1100 m 62/A07 d OVIrlilOVHS N 0199 ®r uall d I I,
;N0u076 A VMOVOd O2 odO r "WW1
1
u
y- o
J
I It
II;III•III•III•IIIII•III•Iinl I P lllll
th IP 1111th: IIII IililJllilllllllllilllilIihilll.
7 t ec
4 e
3 O Y
i
c o
i OC y 4.a Q u
a
LI
h
�4 i
io.
4
t i Y i
4 k cs
k
ii
kNS r
A INN
t. J
4
I —I 1
3
s
4
i
4
4
s
4 4
^1 ice g N
m
s 1
I'
o 1
N t7
U Y
b C
—I c I
4
>4
v.
3
!S3 WO 60 :LS :6 00 -L Z0- 9266 \9266 \660V0 :0
Mill:
111111 -IMO NM EMI ME 11.11111 NM
Tab 5
1 111 0
i
rr
r r
r
I N,
\iv
I f
i
I I
I
I I W
I N I I N I I Q 1
e�a L V I 1 a
z V I 1 1 1
Q,} r. V I z
s e W„ 1 I Q a
Q m W m� A g
e% Z
u o g 3: v 1
a. 'fie z 'g 1 e 1 0
4 u ti C�} ti l e j r e y a M 1 z
I i 14 Z Q. '�ess�e a e 0 9 ese :eIII o Eesere e A,, _7L'5 El
4 a d v g c 11 ri. a A\ V A
p F' ,t i I1 A
q Y Q 1 r I p A 1 W
o 1 f
s 1. V A p v
-4 \4
1..4 7
A ‘\\\\u3771.)
i r' I' T !d I A UJ
i r rr y 1 t`
r Era OLL q 11 1
..4 r cn 1 1 1
1 1
i r o \1
s. r l m 1 11 1
r 1 1 1
s' r 1 J t; 1 1
4w 7. 1 A I
i f I
i'. �o t; 1 111
L SP�135.149.iSt 1 1 1
1
MovkaLarrelrooisc
1
1
1331:11S 41917 4
1 r
1
1
ORDINANCE
revised:
146 STREET AND
KEYSTONE AVENUE
PLANNED UNIT DEVELOPMENT
DISTRICT
draft 10/22/99
12/7/99
1/7/00
1/21/00
2/16/00
3/8/00
Amusement Park
Automobile sales or leasing
Automobile service station or filling station
Boat sales
Bulk storage of petroleum products
Car wash
Carnivals, fairs, circuses
Commercial warehouse storage
Disposal or storage of hazardous or radioactive materials
Equipment sales or repair
Flea market
Fertilizer manufacturing
Garbage disposal plant/sanitary landfill
Go -cart track
Grain elevator
Industrial uses —heavy
Junk and/or salvage yard
Commercial kennel
Manufactured housing sales
Miniature golf
Mobile home court
Movie theater (outdoor)
Penal or correctional institution
Plant nursery
Reclaiming processes involving materials and/or
Refining or manufacturing of petroleum products
Clinic or medical health center
College or University
Financial Institution
General Offices
Grocery Store
Hardware Store (including enclosed Lumberyard and
attached Garden Center)
Hotel
Insurance Office
Nursing, retirement or convalescent facility
Office building
Professional Office
Recording Studio
Research Laboratory
Restaurant
Retail Uses
Utility company business office
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section 1. Applicability of Ordinance:
Section 2. Permitted Primary Uses:
Section 3. Excluded Primary Uses:
AN ORDINANCE ESTABLISHING THE
146 STREET AND KEYSTONE AVENUE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z -289, (the "Carmel/Clay Zoning
Ordinance provides for the establishment of a Planned Unit Development District in accordance with the
requirements of I.C. 36 -7 -4 -1500 et seq.;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
pursuant to I.C. 36 -7 -4 -1500 et seq., it adopts this ordinance, (the "Ordinance as an amendment to the
Carmel/Clay Zoning 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.
Section 1.2. Development in the planned unit development district shall be governed entirely by the
provisions of this Ordinance, with the exception that provisions of the Carmel/Clay Zoning Ordinance
specifically referenced within this Ordinance and in effect on October 22, 1999, shall also apply.
Section 1.3. Any capitalized term not defined herein shall have the meaning as set forth in the
Carmel/Clay Zoning Ordinance m effect on October 22, 1999.
1
chemicals that are considered dangerous to the health,
safety, and welfare of the general public as determined
by the State of Indiana, Hamilton County or the City
Refining or manufacturing asphalt, cement, gypsum,
lime, wood preservatives
Roadside sales stand; parking lot or outdoor temporary
sales
Sand and gravel extraction or sales
Self storage /mini- warehouse facilities
Sexually oriented business
Single- family residence
Small engine sales or repair
Stand alone restaurants with walk -up window and /or
drive -thru window fond sales or those restaurants
that traditionally have walk -up window or drive -thru
window food sales
Stock yards, slaughtering, leather curing and tanning
Truck stop
Water slide
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Planned Unit Development District 146th Street and Keystone Avenue
Section 4. Accessory Buildings and Uses: All accessory buildings and uses which are permitted in the B -2
zoning district shall be permitted, except that any detached accessory building shown in any Development Plan
"DP 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 5. Minimum Tract Size: The minimum tract size is 5 acres. This Section 5 does not however
preclude the sale or other transfer of any parcel of land within a tract after the approval of a DP for the entire tract.
However, the development of the parcel must still conform to the DP for the entire tract as approved or amended by
the Director, and all other applicable requirements contained in this Ordinance.
Section 6. Height and Area Requirements:
Section 6.1. Maximum Building Heights: All uses, sixty (60) feet.
Section 6.2. Minimum Building Height: All uses, thirty (30) feet along the Keystone Avenue
frontage, or for uses not on the frontage, fourteen (14) feet, with a minimum of twelve (12) feet to the
lowest eaves for a building with a gable or hip roof. Any building or part of a building within three
hundred (300) feet of the Keystone Avenue right -of -way shall be considered on the frontage. Accessory
buildings, attached garden centers, and screened delivery areas are exempt from the requirements of this
Section.
Section 6.3. Minimum Building Setbacks: The minimum building setback measured to the nearest
right -of -way shall be at least 90 feet, except along 146 Street where the minimum building setback shall
be 45 feet.
Section 6.4. Minimum Gross Floor Area:, Number of Tenants:
A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross
floor area, excluding the floor area of any basement or any accessory building(s) and-,
The initial building to he developed and constructed on the northern one -half
of the Real Estate is intended to be for a single tenant. In the event that this building is not
d v an. .1 r_ t ft. in.l •nan .nd .r u.. r d v l
Section 6.5. Maximum Parcel Coverage and Density:
2
ri
d
•1
in
its site as a multi- tenant building, then the provisions of paragraph C below shall apply.
in •_1 i •1 n,n .uil.in
buildings shall have no more than six (6) tenants.
D. Accessory buildings permitted need not meet the minimum floor area requirement.
The gross floor area of restaurants is allowed to be less than 15,000 square feet but not
less than 7,500 square feet.
F. All retail uses must occupy at least 10,000 square feet of gross floor area.
Planned Unit Development Disti i Ordinance 146th Street and Keystone Avenue
A. Maximum Parcel Coverage shall be sixty-five percent (65 for office uses and thirty
percent (30 for retail uses.
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 any parcel by the area of such
parcel.
Section 6.6. Architectural Design Requirements:
A. Scale and proportion: All building facades, including doors, windows, column spacing,
and signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1.
B. Suitability of building materials: A minimum of three materials shall be used for
building exteriors, from the following list: stone, brick, architectural pre -cast (panels or detailing),
architectural metal panels, glass, ornamental metal.
C. All buildings shall be designed with a minimum of eight external corners, in order to
eliminate monotonous box buildings.
D. 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.
Section 7. Landscaping Requirements.
Section 7.1. Landscaping. Plan: A Landscaping Plan shall be submitted to the Plan
Commission for its approval at the same time other plans (i.e. architectural design, lighting,
parking and signage) are submitted. This plan (1) shall be drawn to scale, including dimensions
and distances; (2) shall delineate all existing and proposed structures, private parking areas, walks,
ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar
structures; and (3) shall delineate the location, size and description of all landscape material and
the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service
and private parking areas shall be designed as an integral and coordinated part of the Landscape
Plan for the entire tract.
Section 7.2. Areas to be Landscaped.
A. Greenbelt:
1. The greenbelt along Keystone Avenue shall be a minimum of thirty (30) feet in
width and landscaped per the requirements of Section 7.2 7.3.
2. Greenbelt areas shall be unoccupied except for plant material, steps, walks,
terraces, bike paths, driveways, lighting standards, signs, and other similar structures
(excluding a private parking area). Mounding and other innovative treatments are to be
especially encouraged in this area. Pedestrian walkways and bikeways are encouraged to
be incorporated into the greenbelt.
B. Parallel Roadways:
1. There shall be landscape planting areas located adjacent to the Keystone Avenue
on and off ramp rights -of -way, which shall be a minimum of ten (10) feet in width and
landscaped pursuant to Section 7.2 7.3.
2. These landscape areas shall be unoccupied except for plant material, steps,
walks, terraces, bike paths, driveways, lighting standards, signs, and other similar
structures.
C. Planting Adjacent to Buildings:
3
i 0
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
I 1. A planting area equal to an area measuring ten (10) feet in depth by the width of
the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides)
I shall be installed at the front of the building.
2. 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 rear of the building(s).
3. Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall
I not occupy the entire area on any side of the building(s).
4. If an approach driveway cuts into a planting area displaced by the driveway,
additional area shall be added to the building perimeter planting.
I 5. These adjacent planting areas need not be rectangular in shape as long as the
required amount of space is landscaped, innovative and original designs are encouraged.
Planting Within Parking Lots: All parking lot landscaping shall be of a quality to
I D.
improve and enhance the site and its surrounding area, representing no less than six percent (6
of the total surface parking area. Landscaping within parking lots shall occur in any combination
of planting islands, planting peninsulas and entranceways, and provide not less than one (1) tree
I and ten (10) shrubs for each four hundred (400) square feet of interior landscaped area. (For
purposes of this computation, landscaping in the greenbelt(s), adjacent to the building(s) and on
the periphery of the tract shall not be included.)
1 Section 7.3. Landscaping Standards.
A. Interior Areas: The dimensions, specifications and design of any planting area or
l planting median shall be sufficient to protect the landscaping materials planted therein and to
provide for proper growth. The following minimum widths for interior planting areas shall be
used:
Canopy Trees: 9 feet wide
I Ornamental Trees: 7 feet wide
Shrubs (only): 5 feet wide
I B. Greenbelt: The primary landscaping materials used in the greenbelt -areas and adjacent to
buildings shall be shade trees, ornamental trees, shrubs, ground covers, grasses, and flowers. A
base planting unit of one hundred (100) linear feet will be designated for the Keystone Avenue
greenbelt which includes:
I
Five (5) shade trees;
Three (3) ornamental trees or three (3) evergreen trees; and
Fifteen (15) shrubs
1 C. Materials: 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 2'/2 inches at six (6) inches above the
I ground line, 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' /2 inches at six (6) inches
I above the ground line, 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.
I 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.
1 Section 7.4. Landscaping Installation and Maintenance.
1 A. Installation: All required landscaping shall be installed prior to the issuance of a ling
Certificate of Occupancy by the Depaitment. If it is not possible to install the required
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
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 feral 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.
1 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 8. Parking Requirements:
I A. Except as provided in Paragraph B, parking is prohibited between the Keystone Avenue
right -of -way and the setback line of the building.
I 1. Efforts to break up large expanses of pavement are to be encouraged by the
interspersing of appropriate planting areas wherever possible.
2. Pedestrian access to and through parking areas shall be provided in the DP.
3. The number of parking spaces required is established in Section 27 of the
I Carmel/Clay Zoning Ordinance; however, for the purposes of calculating the required
number of parking spaces, attached garden centers and screened delivery areas shall be
excluded.
I 4. 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.
5. Above grade, structured parking facilities shall have on all sides architectural
1 features that are compatible with the principal building(s) with which they are associated.
B. The Commission may, at its discretion, allow a minimal number of visitor or
I handicapped parking spaces between the greenbelt and the front yard line.
Section 9. Lighting Requirements:
I A. A site lighting plan shall be submitted along with the information on architectural design,
landscaping, parking, signage, and lighting, "ADLS The site lighting plan shall include the
layout, spread and intensity of all site lighting, including:
I 1. parking lot and service /storage area lighting;
2. architectural, display lighting;
3. security lighting;
4. lighting of pedestrian and bicycle ways;
1 5. landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of uniform design,
I color and materials.
C. The maximum height of light standards shall not exceed twenty-five (25) feet high.
However, when light standards abut or fall within ninety (90) feet of a residential district or use,
1 they shall not exceed fifteen (15) feet.
Section 11.3. Signs:
D. 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 m residential areas.
E. Exterior architectural, display, decorative and sign lighting visible to the public from
either U.S. Highway 31 or Keystone Avenue.
Section 10. [intentionally omitted]
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) or merchandise (other than the merchandise contained m an attached garden
center) shall be permitted on any tract. The merchandise within an attached garden center shall not be
stacked higher than the height of the exterior wall. All refuse shall be contained completely within the
principal or accessory building(s). Any accessory structure designed for refuse storage shall be
architecturally compatible with the principal building.
Section 11.2. Loading Berths:
A Any loading or unloading berth or bay visible from U.S. Highway 31 or Keystone Avenue
shall be screened subject to the approval of the Plan Commission or Committee of the Plan
Commission. n overhead doors on the south side of any building shall be screened and
shall be subject to the approval of the Director of the Department of Community Services.
B. Any overhead doors and /or solid steel doors located on the south facade of a building to
be used for loading or unloading of goods, products, merchandise or other materials shall be
screened by a wall not less than eight (8) feet height to be designed and constructed wi
materials approved by the Director.
Planned Unit Development District 146th Street and Keystone Avenue
A. Single Tenant Buildings
Number Type; The maximum number of Identification Signs permitted
shall be one (1) wall sign on the west building frontage and one (1) wall sign on the
building, ron tage whe the main entrance is located For those buildings containin
over 100,000 square feet, two additional wall signs shall be permitted on the
building frontage where the main entrance is located.
Maximum Sign Area for buildings over 100,000 square feet:
West building frontage: 100 sq. ft.
Main entrance building frontage: 150 sq. ft,
Two additional wall signs: 27 sq. ft. each
Carmel /Clay Zoning Ordinance Z-302 shall determine maximum Sign Area for all
Q ther buildings For purposes of calculating the maximum Sign Area under the
O rdinance, the distance of Sign from Street Right -of -Way shall be measured
pe rpendicular to the right -of -way of the street currently known as Keystone
Avenue.
Location: As shown on building elevation drawings.
4 Design: All wall signs shall consist of individual letters. The color of the
sign faces shall be white with white returns.
Copy: As per definition of Identification Sign,
Illumination: Internal. The additional wall signs are not to be illumin
Window Signs: No window signs are allowed.
Sign permit: Required.
6
Section 12. Approval of ADLS:
2 Fees: Required.
13. Multi- Tenant Buildings
1, Number Tyne: One wall Identification Sign pe bu on
the building frontage where the main entrance is located.
Two (2) wall signs on the west building frontage
2. Maximum Sign Area Buildings with two (2) tenants: total of 120 sq. ft,
Buildings with three (3) to six (6) tenants: total of 120 sq. ft.
West building frontage signs: total of 90 sq. ft,
Location: As shown on the building elevations,
4. Design: All wall signs shall consist of individual letters The color of all sign
faces shall be white with white returns,
Copy: As per definition of Identification Sign,
Illu Internal.
Window Signs: No window signs are allowed.
Sign permit: Required.
Fees: Reauired.
C. Center Identification Sign
Number Type: o (1) ground sig
Maximum Sign Area: 75 sq. ft
Maximum height of sign 10 fe et
Location: As shown on the site plan
Design: Signs must comply with the approved architectural scheme of the
complex, and must be of a similar design and identical in lighting and style
of construction. The color of all individual letter sign faces shall be white
with white returns.
Copy: As per definition of Identification Sign
Z illumination: Internal or completely shielded.
Landscaping: Sign must be accompanied by a landscaped area at least
equal to the total sign area.
9. Sign pe rmit: Require
Fees: Required.
D. Other Provisions
Sections 25.7.01, "General Provisions 25.7.04, 'Banners 25.7.06- 25.7.09, "Legal
Non Conforming Signs, Sign Permits, Variance, and Administration and
Enforcement of the Carmel/Clay Zoning Ordinance, Z -302, as—amended are also
incorporated by reference.
Section 11.4. Rooftop Mechanical Equipment: Any rooftop mechanical equipment visible from an
adjoining street or highway shall be screened with suitable walls or fencing subject to the approval of the
Plan Commission or Committee of the Plan Commission
Section 11.5. Cart Corrals: Any cart corrals on the Real Estate shall be constructed of masonry
materials subject to the approval of the Plan Commission or Committee of the Plan Commission.
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
7
Planned Unit Development District Ordinance 1 46th Street and Keystone Avenue
Section 13. Approval or Denial of the Development Plan:
Planned Unit Development District Ordinance I 46th Street and Keystone Avenue
Ordinance.
C. The Plan Commission shall approve the ADLS without conditions, or approve with
conditions.
D. If the ADLS plans are materially changed in any way, resubmission to a committee of the
Commission for approval is required.
E. The ADLS shall be a specific plan consisting of the architectural design of any buildings,
landscaping, lighting, and signage for a site on the Real Estate.
A. The Director shall approve without conditions, approve with conditions, or disapprove
the DP for any project on the Real Estate. Provided, however, that the Director shall not
unreasonably withhold or delay his/her approval of a DP that is in conformance with this
Ordinance and the Carmel/Clay Zoning Ordinance. If the Director disapproves the DP for any
project on the Real Estate, the Director shall set forth in writing the basis for the disapproval.
B. 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.
C. The DP shall be a specific plan for the development of real property that is submitted for
approval by the Director showing proposed facilities and structures, parking, drainage, erosion
control, utilities and building information for a site on the Real Estate.
Section 14. Violations of Ordinance: All violations of this Ordinance shall be subject to Section 34.0 of the
Carmel/Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this day of
2000, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer N. L. Rundle, President
Kevin Kirby John R. Koven
Robert Battreall Luci Snyder
Ronald E. Carter Wayne Wilson
8
ATTEST:
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
James Brainard, Mayor
9
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
Presented by me to the Mayor of the City of Carmel, Indiana the day of 2000.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of 2000.
Diana L. Cordray, IAMC, Clerk- Treasurer 1:\2005 \1 \PUD Ordinance5 2 161 Kite Project.doc
Tab 9
ORDINANCE
revised:
146 STREET AND
KEYSTONE AVENUE
PLANNED UNIT DEVELOPMENT
DISTRICT
draft 10/22/99
12/7/99
1/7/00
1/21/00
2/16/00
3/8/00
Clinic or medical health center
College or University
Financial Institution
General Offices
Grocery Store
Hardware Store (including enclosed
Lumberyard and attached Garden Center)
Hotel
Insurance Office
Nursing, retirement or convalescent facility
Office building
Professional Office
Recording Studio
Research Laboratory
Restaurant
Retail Uses
Utility company business office
Amusement Park
Automobile sales or leasing
Automobile service station or filling station
Boat sales
Bulk storage of petroleum products
Car wash
Carnivals, fairs, circuses
Commercial warehouse storage
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
WHEREAS, Section 31.6.4 of the Carmel /Clay Zoning Ordinance Z -289, (the
"Carmel /Clay Zoning Ordinance provides for the establishment of a Planned Unit Development
District in accordance with the requirements of I.C. 36 -7 -4 -1500 et seq.;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, pursuant to I.C. 36 -7 -4 -1500 et seq., it adopts this ordinance, (the
"Ordinance as an amendment to the Carmel /Clay Zoning Ordinance.
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.
Section 1.7. Development in the planned unit development district shall be governed
entirely by the provisions of this Ordinance, with the exception that provisions of the
Carmel /Clay Zoning Ordinance specifically referenced within this Ordinance and in effect
on October 22, 1999, shall also apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel /Clay Zoning Ordinance in effect on October 22, 1999.
Section 7 Permitted Primary 1 Jses•
Section 3. Excluded Primary I Jses•
AN ORDINANCE ESTABLISHING THE
146 STREET AND KEYSTONE AVENUE
PLANNED UNIT DEVELOPMENT DISTRICT
1
Disposal or storage of hazardous or radioactive
materials
Equipment sales or repair
Flea market
Fertilizer manufacturing
Garbage disposal plant /sanitary landfill
Go -cart track
Grain elevator
Industrial uses —heavy
Junk and/or salvage yard
Commercial kennel
Manufactured housing sales
Miniature golf
Mobile home court
Movie theater (outdoor)
Penal or correctional institution
Plant nursery
Reclaiming processes involving materials
and/or chemicals that are considered dangerous
to the health, safety, and welfare of the general
public as determined by the State of Indiana,
Hamilton County or the City
Refining or manufacturing of petroleum
products
Refining or manufacturing asphalt, cement,
gypsum, lime, wood preservatives
Roadside sales stand; parking lot or outdoor
temporary sales
Sand and gravel extraction or sales
Self storage /mini- warehouse facilities
Sexually oriented business
Single- family residence
Small engine sales or repair
Stand alone restaurants with walk -up window
and/or drive -thru window food sales or those
restaurants that traditionally have walk -up
window or drive -thru window food sales
Stock yards, slaughtering, leather curing and
tanning
Truck stop
Water slide
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Planned Unit Development DistncT Ordinance 146th Street and Keystone Avenue
Section 4 Accessory Buildings and Uses- All accessory buildings and uses which are
permitted in the B -2 zoning district shall be permitted, except that any detached accessory
building shown in any Development Plan "DP 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 5. Minimum Tract Size. The minimum tract size is 5 acres. This Section 5 does not
however preclude the sale or other transfer of any parcel of land within a tract after the approval
of a DP for the entire tract. However, the development of the parcel must still conform to the DP
for the entire tract as approved or amended by the Director, and all other applicable requirements
contained in this Ordinance.
Section 6 Height and Area Requirements:
Section 6.1 Maximum Building Heights. All uses, sixty (60) feet.
Section 6 2 Minimum Building Height. All uses, thirty (30) feet along the Keystone
Avenue frontage, or for uses not on the frontage, fourteen (14) feet, with a minimum of
twelve (12) feet to the lowest eaves for a building with a gable or hip roof. Any building
2
Planned Unit Development Distric rdinance 146th Street and Keystone Avenue
or part of a building within three hundred (300) feet of the Keystone Avenue right -of -way
shall be considered on the frontage. Accessory buildings, attached garden centers, and
screened delivery areas are exempt from the requirements of this Section.
Section 63 Minimum Building Sethacks_ The minimum building setback measured to
the nearest right -of -way shall be at least 90 feet, except along 146 Street where the
minimum building setback shall be 45 feet.
Section 6.4 Minimum Gross Floor Area, Number of Tenants:
A. All buildings shall have a minimum of fifteen thousand (15,000) square
feet of gross floor area, excluding the floor area of any basement or any accessory
building(s).
B. The initial building to be developed and constructed on the northern one
half (1/2) of the Real Estate is intended to be for a single tenant. In the event that
this building is not developed and constructed for a single tenant and/or upon
redevelopment of this building or its site as a multi- tenant building, then the
provisions of paragraph C below shall apply.
C. Excepting for the initial single tenant building described in paragraph B
above, all buildings shall have no more than six (6) tenants.
D. Accessory buildings permitted need not meet the minimum floor area
requirement.
E. The gross floor area of restaurants is allowed to be less than 15,000 square
feet but not less than 7,500 square feet.
F. All retail uses must occupy at least 10,000 square feet of gross floor area.
Section 6 5 Maximum Parcel Coverage and Tensity.
A. Maximum Parcel Coverage shall be sixty -five percent (65 for office
uses and thirty percent (30 for retail uses.
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 any
parcel by the area of such parcel.
Section 6.6. Architectural Design Requirements.
A. Scale and proportion: All building facades, including doors, windows,
column spacing, and signage shall be designed using the Golden Section,
represented by the ratio 1:1.6 or 1.6:1.
B. Suitability of building materials: A minimum of three materials shall be
used for building exteriors, from the following list: stone, brick, architectural pre-
cast (panels or detailing), architectural metal panels, glass, ornamental metal.
C. All buildings shall be designed with a minimum of eight external corners,
in order to eliminate monotonous box buildings.
3
D. 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.
Section 7. Tandscaping Requirements
Section 7.1_ T andscaping Plan A Landscaping Plan shall be submitted to the Plan
Commission for its approval at the same time other plans (i.e. architectural design,
lighting, parking and signage) are submitted. This plan (1) shall be drawn to scale,
including dimensions and distances; (2) shall delineate all existing and proposed
structures, private parking areas, walks, ramps for handicapped, terraces, drive-
ways, signs, lighting standards, steps and other similar structures; and (3) shall
delineate the location, size and description of all landscape material and the
irrigation system for all planting areas. Landscape treatment for plazas, roads,
paths, service and private parking areas shall be designed as an integral and
coordinated part of the Landscape Plan for the entire tract.
Section 7.2 Areas to he T.andscaped
Greenbelt.
1. The greenbelt along Keystone Avenue shall be a minimum of thirty
(30) feet in width and landscaped per the requirements of Section 7.3.
2. Greenbelt areas shall be unoccupied except for plant material,
steps, walks, terraces, bike paths, driveways, lighting standards, signs, and
other similar structures (excluding a private parking area). Mounding and
other innovative treatments are to be especially encouraged in this area.
Pedestrian walkways and bikeways are encouraged to be incorporated into
the greenbelt.
B. Parallel Roadways
1. There shall be landscape planting areas located adjacent to the
Keystone Avenue on and off ramp rights -of -way, which shall be a
minimum of ten (10) feet in width and landscaped pursuant to Section 7.3.
2. These landscape areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting standards,
signs, and other similar structures.
C. Planting Adjacent to Ruilding,s•
1. A planting area equal to an area measuring ten (10) feet in depth by
the width of the front of the building plus twenty (20) feet (to extend ten
(10) feet out on both sides) shall be installed at the front of the building.
2. 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 rear of
the building(s).
3. Sidewalks up to eight (8) feet in width may be permitted in these
4
Planned Unit Development Distncct'Ordinance 146th Street and Keystone Avenue
Planned Unit Development Dis dinance 146th Street and Keystone Avenue
areas, but shall not occupy the entire area on any side of the building(s).
4. If an approach driveway cuts into a planting area displaced by the
driveway, additional area shall be added to the building perimeter planting.
5. These adjacent planting areas need not be rectangular in shape as
long as the required amount of space is landscaped, innovative and
original designs are encouraged.
D. Planting Within Parking Tots- All parking lot landscaping shall be of a
quality to improve and enhance the site and its surrounding area, representing no
less than six percent (6 of the total surface parking area. Landscaping within
parking lots shall occur in any combination of planting islands, planting
peninsulas and entranceways, and provide not less than one (1) tree and ten (10)
shrubs for each four hundred (400) square feet of interior landscaped area. (For
purposes of this computation, landscaping in the greenbelt(s), adjacent to the
building(s) and on the periphery of the tract shall not be included.)
,Section 71. Landscaping Standards
A. interior Areas- The dimensions, specifications and design of any planting
area or planting median shall be sufficient to protect the landscaping materials
planted therein and to provide for proper growth. The following minimum
widths for interior planting areas shall be used
Canopy Trees: 9 feet wide
Ornamental Trees: 7 feet wide
Shrubs (only): 5 feet wide
B. Greenbelt- The primary landscaping materials used in the greenbelt areas
and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground
covers, grasses, and flowers. A base planting unit of one hundred (100) linear feet
will be designated for the Keystone Avenue greenbelt which includes:
Five (5) shade trees;
Three (3) ornamental trees or three (3) evergreen trees; and
Fifteen (15) shrubs
C. Materials- 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 2Y2 inches at six (6)
inches above the ground line, 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'Y2 inches at six
(6) inches above the ground line, 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
Section R Parking Requirements-
Planned Unit Development Dis rdinance 146th Street and Keystone Avenue
5. Evergreen shrubs: minimum height and spread of twenty -four (24)
inches.
,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 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 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.
A. Except as provided in Paragraph B, parking is prohibited between the
Keystone Avenue right -of -way and the setback line of the building.
1. Efforts to break up large expanses of pavement are to be
encouraged by the interspersing of appropriate planting areas wherever
possible.
2. Pedestrian access to and through parking areas shall be provided in
the DP.
3. The number of parking spaces required is established in Section 27
of the Carmel/Clay Zoning Ordinance; however, for the purposes of
calculating the required number of parking spaces, attached garden centers
and screened delivery areas shall be excluded.
4. 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.
5. Above- grade, structured parking facilities shall have on all sides
6
III
Planned Unit Development Distncc ordinance 146th Street and Keystone Avenue
architectural features that are compatible with the principal building(s)
with which they are associated.
B. The Commission may, at its discretion, allow a minimal number of visitor
or handicapped parking spaces between the greenbelt and the front yard line.
Section 9 Lighting Requirements.
A. A site lighting plan shall be submitted along with the information on
architectural design, landscaping, parking, signage, and lighting, "ADLS The
site lighting plan shall include the layout, spread and intensity of all site lighting,
including:
1. parking lot and service /storage area lighting;
2. architectural, display lighting;
3. security lighting;
4. lighting of pedestrian and bicycle ways;
5. landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of
uniform design, color and materials.
C. The maximum height of light standards shall not exceed twenty -five (25)
feet high. However, when light standards abut or fall within ninety (90) feet of a
residential district or use, they shall not exceed fifteen (15) feet.
D. 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.
E. Exterior architectural, display, decorative and sign lighting visible to the
public from either U.S. Highway 31 or Keystone Avenue.
Section 10 [intentionally omitted]
Section 11. Other ADT,S Requirements
Section 11 1 Outside Storage of Refiise or Merchandise No outside, unenclosed storage
of refuse (whether or not in containers) or merchandise (other than the merchandise
contained in an attached garden center) shall be permitted on any tract. The merchandise
within an attached garden center shall not be stacked higher than the height of the exterior
wall. All refuse shall be contained completely within the principal or accessory
building(s). Any accessory structure designed for refuse storage shall be architecturally
compatible with the principal building.
Section 11 2 T oading Berths
A. Any loading or unloading berth or bay visible from U.S. Highway 31 or
7
Keystone Avenue shall be screened subject to the approval of the Plan
Commission or Committee of the Plan Commission. Any overhead doors on the
south side of any building shall be screened and shall be subject to the approval of
the Director of the Department of Community Services.
B. Any overhead doors and /or solid steel doors located on the south facade of a
building to be used for loading or unloading of goods, products, merchandise or
other materials shall be screened by a wall not less than eight (8) feet in height to
be designed and constructed with materials approved by the Director.
Section 11.3 Signs.
A. Single Tenant Buildings
1. Number Type: The maximum number of Identification Signs
permitted shall be one (1) wall sign on the west building frontage and one
(1) wall sign on the building frontage where the main entrance is located.
For those buildings containing over 100,000 square feet, two additional
wall signs shall be permitted on the building frontage where the main
entrance is located.
2. Maximum Sign Area for buildings over 100,000 square feet:
West building frontage: 100 sq. ft.
Main entrance building frontage: 150 sq. ft.
Two additional wall signs: 27 sq. ft. each
Carmel /Clay Zoning Ordinance Z -302 shall determine maximum Sign
Area for all other buildings. For purposes of calculating the maximum
Sign Area under the Ordinance, the distance of Sign from Street Right -of-
Way shall be measured perpendicular to the right -of -way of the street
currently known as Keystone Avenue.
3. Location: As shown on building elevation drawings.
4. Design: All wall signs shall consist of individual letters. The color
of the sign faces shall be white with white returns.
5. Copy: As per definition of Identification Sign.
6. Illumination: Internal. The additional wall signs are not to be
illuminated.
7. Window Signs: No window signs are allowed.
8. Sign permit. Required.
9. Fees: Required.
B. Multi -Tenant Buildings
1. Number Type: One (1) wall Identification Sign per business
on the building frontage where the main entrance is located.
Two (2) wall signs on the west building frontage
2. Maximum Sign Area: Buildings with two (2) tenants: total of 120
sq. ft.
8
Planned Unit Development Dis rdinance 146th Street and Keystone Avenue
Buildings with three (3) to six (6) tenants: total of 120 sq. ft.
West building frontage signs: total of 90 sq. ft.
3. Location: As shown on the building elevations.
4. Design: All wall signs shall consist of individual letters. The color
of all sign faces shall be white with white returns.
5. Copy: As per definition of Identification Sign.
6. Illumination: Internal.
7. Window Signs: No window signs are allowed.
8. Sign permit: Required.
9. Fees: Required.
C. Center Identification Sign
D. Other Provisions
Section 11.4 Rooftop Mechanical Equipment: Any rooftop mechanical equipment
visible from an adjoining street or highway shall be screened with suitable walls or
fencing subject to the approval of the Plan Commission or Committee of the Plan
Commission
Section 11.5. Cart Corrals Any cart corrals on the Real Estate shall be constructed of
masonry materials subject to the approval of the Plan Commission or Committee of the
Plan Commission.
Section 12 Approval of AT)T.S:
Planned Unit Development DistrlC'!.)rdinance 146th Street and Keystone Avenue
1. Number Type: one (1) ground sign.
2. Maximum Sign Area: 75 sq. ft.
3. Maximum height of sign: 10 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 and identical in
lighting and style of construction. The color of all individual letter
sign faces shall be white with white returns.
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.
Sections 25.7.01, "General Provisions 25.7.04, "Banners 25.7.06-
25.7.09, "Legal Non Conforming Signs, Sign Permits, Variance, and
Administration and Enforcement of the Carmel/Clay Zoning Ordinance,
Z -302, are also incorporated by reference.
9
Section 13 Approval or Denial of the Development Plan-
Planned Unit Development Disirdinance 146th Street and Keystone Avenue
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 Ordinance.
C. The Plan Commission shall approve the ADLS without conditions, or
approve with conditions.
D. If the ADLS plans are materially changed in any way, resubmission to a
committee of the Commission for approval is required.
E. The ADLS shall be a specific plan consisting of the architectural design of
any buildings, landscaping, lighting, and signage for a site on the Real Estate.
A. The Director shall approve without conditions, approve with conditions, or
disapprove the DP for any project on the Real Estate. Provided, however, that the
Director shall not unreasonably withhold or delay his/her approval of a DP that is
in conformance with this Ordinance and the Carmel /Clay Zoning Ordinance. If the
Director disapproves the DP for any project on the Real Estate, the Director shall
set forth in writing the basis for the disapproval.
B. 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.
C. The DP shall be a specific plan for the development of real property that is
submitted for approval by the Director showing proposed facilities and structures,
parking, drainage, erosion control, utilities and building information for a site on
the Real Estate.
Section 14. Violations of Ordinance. All violations of this Ordinance shall be subject to
Section 34.0 of the Carmel /Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this day of
2000, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer N. L. Rundle, President
Kevin Kirby John R. Koven
10
Robert Battreall Luci Snyder
Ronald E. Carter
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
ATTEST:
11
Planned Unit Development DistnZTOrdinance 146th Street and Keystone Avenue
Wayne Wilson
Presented by me to the Mayor of the City of Carmel, Indiana the day of
2000.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2000.
James Brainard, Mayor
Diana L. Cordray, IAMC, Clerk- Treasurer I:\2005 1\PUD Ordinance5 3 -8 -00 Kite Project.doc
Tab 10
410
1
1
1 COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
1 In accordance with Section 31.6.5 of the Carmel /Clay Zoning Ordinance, the undersigned,
Kite Greyhound, LLC "Developer the contract purchaser, Bayview Development Company,
Inc. and Ward and Sidney Fenstermaker, Jr., the owners (the "Owners of the following
1 described real estate located in Clay Township, Hamilton County, Indiana, make the following
Commitments Concerning the Development and Use of Real Estate "Commitments to the
1 Carmel/Clay Plan Commission ("Commission").
1. Description of Real Estate.
1 See Exhibit A (the "Real Estate
2. Docket No. 98 -99 Z.
3. Statement of Commitments.
A. The Developer commits to constructing screening and landscaping along a portion
of the eastern property line of the Real Estate in accordance with the plans on file
with the City of Carmel, Indiana Department of Community Services "DOCS
B. When built, the proposed two (2) buildings will be constructed in substantial
I compliance with the plans on file with DOCS.
The Owners and Developer commit to dedicate land necessary for the Keystone
Avenue on -ramp and off -ramp system in accordance with plans and specifications
approved by the Indiana Department of Transportation, the Developer, and the
Owners.
D. Deliveries for the buildings on the Real Estate shall be made only between 8:00
I a.m. and 8:00 p.m.
The landscaping to be installed on the Real Estate will be installed in two (2)
phases as indicated on the landscape plan on file with the Department of
1 Community Services consistent with the constructions of the buildings.
1
1
1
COMMITMENTS CONCERNIN EVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 2
4. Binding on Successors Assigns: These Commitments are binding on the Owners and
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 has been provided pursuant to the rules of the Commission. The
foregoing notwithstanding, these Commitments shall terminate as to the Real Estate upon the
adoption of an Ordinance changing the zoning classification from the current Planned Unit
Development District.
5. Effective Date: These commitments shall become effective upon the approval by the
Common Council of the City of Carmel, Indiana of the Planned Unit Development Ordinance
filed under Docket No. 98 -99Z and the recordation of this document in the Office of the
Recorder of Hamilton County, Indiana.
6. Recording: The undersigned authorize the Secretary of the Commission or the
Director of the DOCS to record these commitments in the Office of the Recorder of Hamilton
County, Indiana.
7. Enforcement: The Commission and DOCS may enforce these Commitments.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
Residing in County
Notary Public
Printed Name
Kite Greyhound, LLC
By:
Paul W. Kite, President
Before me, a Notary Public, in and for said County and State, personally appeared Paul
W. Kite, President of Kite Greyhound, LLC, and acknowledged execution of the foregoing
Commitments.
Witness my hand and Notarial Seal this day of 2000.
STATE OF
COUNTY OF
COMMITMENTS CONCERNINGUEVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 3
SS:
By:
Before me, a Notary Public, in and for said County
of Bayview Development
execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day
My Commission Expires:
Residing in County
Notary Public
Printed Name
Bayview Development Company, Inc.
Printed Signature
Title
and State, personally appeared
Company, Inc. and acknowledged
of 2000.
Before me, a Notary Public, in and for said County and State, personally appeared Ward
Fenstermaker and acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day of 2000.
COMMITMENTS CONCERNI N
DEVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 4
STATE OF
SS:
COUNTY OF
My Commission Expires:
Residing in County
Notary Public
Printed Name
By:
Ward Fenstermaker
COMMITMENTS CONCERNIN EVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 5
STATE OF
SS:
COUNTY OF
Before me, a Notary Public, in and for said County and State, personally appeared Sidney
Fenstermaker, Jr. and acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day of 2000.
My Commission Expires:
Residing in County
Notary Public
Printed Name
By:
Sidney Fenstermaker, Jr.
This instrument prepared by Paul G. Reis, Attorney -at -Law, Paul G. Reis, Esq., LLC, 12358
Hancock Street, Carmel, Indiana, 46032 -5807