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HomeMy WebLinkAboutPacket 02-22-0014e Street and Keystone Avenue Project Carmel, Indiana KiteGreyhound, LLC February 17, 2000 146 Street and Keystone Avenue Project Carmel, Indiana Kite Greyhound, LLC February 17, 2000 Table of Contents 1. Renderings of views from 146 Street Bridge and from U.S. 31 "Flyover" 2. Building Elevation Drawings of Lowe's Building 3. Building Elevation Drawings of Second Commercial Building 4. Site Plan with Ramp System Location and Design 5. Screening and Landscaping Details for Eastern and Western Boundary Lines 6. Landscape Plan -Phase 1 7. Landscape Plan -Phase 2 8. Landscape and Cart Corral Details 9. Revised Planned Unit Development Ordinance (with additions and deletions marked) 10. Revised Planned Unit Development Ordinance (without additions and deletions marked) 11. Proposed Commitments Concerning the Development and Use of the Real Estate 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 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 Professional Office Fertilizer manufacturing nit Flea market Restaurant 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 Clinic or medical health center College or University Financial Institution General Offices Grocery Store Hardware Store (including enclosed Lumberyard and attached Garden Center) Hospital- 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 1 1 1 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. 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 1.2. Development m 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. Section 2. Permitted Primary Uses: Section 3. Excluded Primar Uses: 1 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 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 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 the minimum building setback shall be 45 feet. Section 6.4. Minimum Gross Floor Area: 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 shall have no more than six tenants. 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. All retail uses must occupy at least 10,000 square feet of gross floor area. Section 6.5. Maximum Parcel Coverage and Density: A. Maximum Parcel Coverage shall be sixty-five percent (65 B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of a building or buildings on any parcel by the area of such parcel. Section 6.6. Architectural Design Requirements: 2 1 Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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 extemal comers, 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. 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. 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: 1. A planting area equal to an area measuring fifteen (15) 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 ten (10) 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 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. 3 Planned Unit Development District Ordinance 146th Street and Keystone Avenue Section 7.3. Landscaping Standards. Canopy Trees: Ornamental Trees: Shrubs (only): Section 7.4. Landscaping Installation and Maintenance. 4 Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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 Lots: 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.) 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: 9 feet wide 7 feet wide 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 21/2 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' /2 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. Evergreen shrubs: minimum height and spread of twenty-four (24) inches. A. Installation: All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, 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 final Certificate of Occupancy. 1 Planned Unit Development District Ordinance I46th Street and Keystone Avenue B. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with the development requirements I 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. I 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 I Director m 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. 1 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. 1. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas wherever possible. I 2. Pedestrian access to and through parking areas shall be provided in the DP. 3. The number of parking spaces required is established m Section 27 of the Carmel/Clay Zoning Ordinance; however, for the purposes of calculating the required I 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 I spaces shall meet State requirements. 5. Above grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) with which they are associated. I 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. I Section 9. Lighting Requirements: A. A site lighting plan shall be submitted along with the information on architectural design, I 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; I 3. 4. security lighting; lighting of pedestrian and bicycle ways; 5. landscape lighting. I B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. I 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. I 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. 1 1 Planned Unit Development District Ordinance 146th Street and Keystone Avenue E. Exterior architectural, display, decorative and sign lighting visible to the public from either U.S. Highway 31 or Keystone Avenue. 1 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 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. Loading Berths: 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 1 Plan Commission Section 11.3. Signs: All Signs on the Real Estate shall conform to Carmel/Clay Zoning Ordinance, Z -302, as amended. 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 ADLS: A. The Plan Commission shall consider an ADLS for any project on the Real Estate. 1 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 I 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, 1 landscaping, lighting, and signage for a site on the Real Estate. Section 13. Approval or Denial of the Development Plan: I 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 I 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. I 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. I 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. 1 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 ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the day of 2000. Approved by me, Mayor of the City of Carmel, Indiana, this day of 2000. ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer James Brainard, Mayor I:\2005 \1 \PUD Ordinance'l 1 21 00 Ordinance5 2 -16 -00 Kite Project.doc 7 Planned Unit Development Distract Ordinance I46th Street and Keystone Avenue Diana L. Cordray, IAMC, Clerk- Treasurer Tab 10 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 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 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 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 1.2 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 in effect on October 22, 1999. Section 2 Permitted Primary 1 Ises- Section 3 Excluded Primary T Jses- 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 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 Ordinance 146th Street and Keystone Avenue Section 4 Accessory Buildings and 1 Tses: 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 2 1 Planned Unit Development District Ordinance 146th Street and Keystone Avenue screened delivery areas are exempt from the requirements of this Section. Section 6.3 Minimum Building Setbacks: The minimum buildin* setback measured to the nearest right -of -way shall be at least 90 feet, except along 146' Street the minimum building setback shall be 45 feet. Section 6.4 Minimum Gross Floor Area 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 shall have no more than six tenants. 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. All retail uses must occupy at least 10,000 square feet of gross floor area. Section 6.5 Maximum Parcel Coverage and Density. A. Maximum Parcel Coverage shall be sixty -five percent (65 B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of a building or buildings on 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. T,andsraping Requirements Section 7.1 Landscaping Landscaping Plan: A Landsca in 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- Section 7 7. Areas to he T,andscaped 4 Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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. 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. 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. 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 Rnildings• 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 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) i Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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 7.3. Landscaping Standards A. Interior Areas. The dimensions, specifications and design of any planting gr► Yp g I 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: I Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide 1 B. Greenbelt The primary landscaping materials used in the greenbelt areas and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground I 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; I 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 21/2 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 11/2 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. 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 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 final Certificate of Occupancy. Planned Unit Development District Ordinance 146th Street and Keystone Avenue I B. Maintenance It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with I 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, 1 and keeping the area free of refuse, debris, rank vegetation and weeds. I 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 I 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 R Parking Requirements- A. Except as provided in Paragraph B, parking is prohibited between the I 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 I possible. 2. Pedestrian access to and through parking areas shall be provided in the DP. I 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 I 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 I individuals, and these spaces shall meet State requirements. 5. Above -grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) 1 with which they are associated. B. The Commission may, at its discretion, allow a minimal number of visitor 1 or handicapped parking spaces between the greenbelt and the front yard line. Section 9 I<ighting Requirements- A. A site lighting plan shall be submitted along with the information on g p g 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; 1 6 2. architectural, display lighting; 3. security lighting; 4. lighting of pedestrian and bicycle ways; 5. landscape lighting. Planned Unit Development Distract Ordinance 146th Street and Keystone Avenue 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 ADI .S 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 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 Loading Rerths• 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 Section 11 Signs. All Signs on the Real Estate shall conform to Carmel/Clay Zoning Ordinance, Z -302, as amended. 7 1 Planned Unit Development District Ordinance 146th Street and Keystone Avenue Section 11.4 Rooftop Mechanical F ui ment• Any rooftop mechanical equipment �l P Y p q 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 ADIS_ 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. Section 13 Approval or Denial of the Development Plan 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. I 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. I 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, 1 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. 1 1 PASSED by the Common Council of the City of Carmel, Indiana this day of 2000, by a vote of ayes and nays. Presiding Officer COMMON COUNCIL FOR THE CITY OF CARMEL N. L. Rundle, President Kevin Kirby John R. Koven Robert Battreall Luci Snyder Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the day of 2000. ATTEST: 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 1:\2005 \1\PUD Ordinance5 2 -16 -00 Kite Project.doc 9 Planned Unit Development Distnnct Ordinance 146th Street and Keystone Avenue Tab 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE 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 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 Carmel/Clay Plan Commission "Commission 1. Description of Real Estate. 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 compliance with the plans on file with DOCS. C. 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 a.m. and 8:00 p.m. E. 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 Community Services consistent with the constructions of the buildings. 1 COMMITMENTS CONCERNING DEVELOPMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 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. My Commission Expires: Residing in County Notary Public Printed Name Kite Greyhound, LLC By: Paul W. Kite, President 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COMMITMENTS CONCERNING DEVELOPMENT AND USE OF REAL ESTATE KITE GREYHOUND, LLC Page 3 STATE OF COUNTY OF 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: Notary Public 1 Residing in County 1 1 Printed Name Bayview Development Company, Inc. Printed Signature Title and State, personally appeared Company, Inc. and acknowledged of 2000. COMMITMENTS CONCERNING DEVELOPMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AND USE OF REAL ESTATE KITE GREYHOUND, LLC Page 4 STATE OF SS: COUNTY OF 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. My Commission Expires: Residing in County Notary Public Printed Name By: Ward Fenstermaker COMMITMENTS CONCERNING DEVELOPMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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