HomeMy WebLinkAboutPacket 02-01-00146 Street and Keystone Avenue Project
Carmel, Indiana
Kite Greyhound, LLC
January 27, 2000
o<2.sc (E
f /.'L L V 2/
Dc-t5 for
VI/ C...e5t4. giT1
4rC
146 Street and Keystone Avenue Project
Carmel, Indiana
Kite Greyhound, LLC
January 27, 2000
Table of Contents
1. Rendering of view from 146 Street Bridge
2. Rendering of view from U. S. 31 "Flyover"
3. Site Plan with Ramp System Location and Design
4. Screening and Landscaping Detail for Eastern Boundary Line
5. Revised Landscape Plan
6. Landscape and Cart Corral Details
7. Cart Corral Rendering
8. Revised Planned Unit Development Ordinance (with additions and deletions
marked)
9. Revised Planned Unit Development Ordinance (without additions and deletions
marked)
10. Proposed Commitments Concerning the Development and Use of the Real Estate
Tab 1
ORDINANCE
revised:
146 TH STREET AND
KEYSTONE AVENUE
PLANNED UNIT DEVELOPMENT
DISTRICT
draft 10/22/99
12/7/99
1 /7/00
1/21/00
Clinic or medical health center
College or University
Financial Institution
General Offices
Grocery Store
Hardware Store (including enclosed Lumberyard and
eutfleer attached Garden Center)
Hospital
Hotel
Insurance Office
Meeting Party Hall Nursing,
or retirement or
convalescent facility
Office building
Professional Office
Radio or television studio
Recording Studio
Research Laboratory
Restaurant
Retail Uses
Utility company business office
Manufactured housing sales
Miniature golf
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
Fast food restaurants, drive -thru window food sales
Flea market
Garbage disposal plant/sanitary landfill
Fertilizer manufacturing
Go -cart track
Gram elevator
Industrial uses -heavy
Junk and/or salvage yard
Commercial kennel
Manufactured housing sales
Miniature golf
Mobile home court
Section 2. Permitted Uses:
Section 3. Excluded 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.;
4 -%1\10,W, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
pursuant to `EC 36 -7-4 -1500 et seq., it adopts this ordinance, (the "Ordinance as an amendment to the
Ca Zoning Ordinance.
Section 14.4, ;Applicability of Ordinance:
`CeSection 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the
CarmeUClay 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 govemed 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.
1
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
Stock yards, slaughtering, leather curing and tanning
Truck stop
Water slide
Planned Unit Development Dismct 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 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.
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). 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. 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.
2
Section 6.6. Architectural Design Requirements:
Section 7. Landscaping Requirements.
Section 7.1,
Landscaping. Plan-
v
2
d
v
11
l,. i
in
Planned Unit Development Disrnct 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.
A Landscaping Plan shall be submitted to the Plan
th
1 it_
11 1
1 1 1
tt it 1 t
1 1'
11
and coordinated part of the Landscape Plan for the entire tract.
Section 7.2, Areas to be Landscaped.
a
1
t
1 1 1 1
parking areas, walks. ramps for handicapped. terraces, drive -ways, signs. lighting standards,
ste s and other similar structures- and (3) shall delineate the location. size and description of
a m• eria at, i� t tt t r .r•a rd n
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) 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) 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,
Section 7,-2 73. Landscaping Standards.
Canopy Trees:
Ornamental Trees:
Shrubs (only):
9 feet wide
7 feet wide
5 feet wide
Section 74 IA. Landscaping Installation and Maintenance.
4
Planned Unit Development District Ordinance 1 46th Street and Keystone Avenue
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 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:
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) omamental 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 2'h 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.
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 final Certificate
of Occupancy.
Section 8. Parking Requirements:
Section 9. Lighting Requirements:
5
Planned Unit Development Disnict Ordinance 146th 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
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, outdoor storage 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 architectural
features that are compatible with the principal building(s) with which they are associated.
B. The Commission may, in at its discretion, allow a minimal number of visitor or
handicapped parking spaces between the greenbelt and the front yard line.
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 foot candle; footcandles in
commercial areas, and 0.1 €oet- candles footcandles in residential areas.
Section 10. [intentionally omitted]
Section 11. Other ADLS Requirements.
f
f
Section 11.1. Outside Storage of Refuse or Merchandise: No outside, unenclosed storage of refuse
(whether or not m containers) or merchandise (other than the merchandise contained in an attached
garden center) shall be permitted on any tract. 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 shall
be screened. 1 t v a 1. 1' c t 1 1 v. 1 t l. n
Committee of the Plan Commission
Section 11.5.
Commission.
E. Exterior architectural, display, decorative and sign lighting visible to the public from
either U.S. Highway 31 or Keystone Avenue.
Section 11.3. Sims: 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
1•nin• t 1 t. �_1 r• •n wi h 11 wa 1 i u.' o h
approval of the Plan Commission or Committee of the Plan Commission
Cart Corrals: Any cart corrals on the Real Estate shall he constructed of
11. 1 1 11.:
1 t l 1 1
1 1 1 1 v, 1
r
Section 12. Approval or Denial of ADLS: of ADLS:
A A. The Plan Commission shall consider an ADLS for any project on the Real Estate,
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.
13 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 he a specific plan consisting of the architectural desig 1 1_
buildings, landscaping ligh ing, and cipnape for a cite 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 m conformance with this
ordinance Ordinance and the Carmel/Clay Zoning Ordinance. If the_Director disapproves 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. This plan review include.,
6
Planned Unit Development Dismct Ordinance 146th Street and Keystone Avenue
1 t 1n_11_ in t
r
Ronald E. Carter
A 1"I'EST:
general landscaping, parking, drainage, erosion control, cignagc, lighting, screening 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 Zonin t t 1
PASSED by the Common Council of the City of Carmel, Indiana this day of
2000, by a vote of ayes and nays.
Diana L Cordray, IAMC, Clerk- Treasurer
COMMON COUNCIL FOR THE CITY OF CARMEL
Planned Unit Development Distract Ordinance 146th Street and Keystone Avenue
Presiding Officer Luci Snyder N. L. Rundle, President
Kevin Kirby John R. Koven
Robert Battreall N.L. Rundle Luci Snyder
Billy \Valkcr 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
7
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
I:\2005 \1\PUD �'o. 2—Ordinance4 1 -21-00 Kite Project.doc
8
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
Legal Description Not Attached
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
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
Radio or television studio
Recording Studio
Research Laboratory
Restaurant
Retail Uses
Utility company business office
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 7
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.
Permitted t 1se
1
Amusement Park
Automobile sales or leasin
Automobile service station or fillin 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
Fast food restaurants, drive -thru window food
sales
Flea market
Garbage disposal plant/sanitary landfill
Fertilizer manufacturing
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- familv residence
Small engine sales or repair
Stock yards, slaughtering, leather curing and
tanning
Truck stop
Water slide
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
Section 1 Excluded T Lses•
Section 4 Accessory Buildings and T 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.
2
Section 6 Height and Area Requirements-
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
Section 6 1 Maximum Building Height All uses, sixty (60) feet.
Section 6 7 Minimum Building Heigjlt• 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.
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). 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. 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.
3
Section 7. T,andsrapiyeg 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 7 Areas to he T,anclscaped
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) 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) 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
4
Planned Unit Development District Ordinance I46th Street and Keystone Avenue
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
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 7 1 T,andscaping 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 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 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.
5
Section 7 4 Landscaping installation and Maintenance
Planned Unit Development District Ordinance I 46th Street and Keystone Avenue
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.
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 specified for this Ordinance. This is to include, but
is not limited to, irrigation and mulching of planting areas, replacing dead,
diseased, or overgrown plantings with identical varieties or a suitable substitute,
and keeping the area free of refuse, debris, rank vegetation and weeds.
C. Changes After Approval: No landscaping which has been approved by the
Commission may later be materially altered, eliminated or sacrificed, without first
obtaining further Commission approval. However, minor alterations in
landscaping may be approved by the Director in order to conform to specific site
conditions.
D. Inspection• The Director shall have the authority to visit the Real Estate to
inspect the landscaping and check it against the approved plan on file.
Section R Parking Regiiirements-
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
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.
6
Section 9
Section 10_
Section 11
J ighting 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.
[intentionally omitted]
Other AT)TS Requirements
Section 11 1 Outside Storage of Refitse 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. 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 7 T.nading 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 Plan Commission
Section 11 3. Signs: All Signs on the Real Estate shall conform to Carmel/Clay Zoning
Ordinance, Z -302, as amended.
7
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
Section 12 Approval of ADI,S-
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
,Section 11 4 Rooftop Mechanical Frinipment• 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 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 fora 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.
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.
8
ATTEST:
Planned Unit Development District Ordinance I 46th Street and Keystone Avenue
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
Diana L. Cordray, 'AMC, Clerk- Treasurer
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
9
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
I:12005111PUD Ordinance4 1 -21-00 Kite Project.doc
10
Planned Unit Development District Ordinance 146th Street and Keystone Avenue
Parcel #1
(Bayview Parcel)
Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range
4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of the North Half of the Northwest Quarter of said
Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on
NAD83 State Plane Coordinates East Zone) 1188.98 feet; thence South 00 degrees 10
minutes 51 seconds West 75.47 feet to the Point of Beginning which lies on the South
right of way line of 146' Street; thence South 89 degrees 05 minutes 16 seconds West
along said right of way line 1080.36 feet to the Easterly permanent right of way line for
State Highway Number 431 per plans for Project S -165 (14) and further described in
Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-
626 (the next three courses are along said right of way); 1) thence South 71 degrees 30
minutes 59 seconds West 24.82 feet to the point of curvature of a non tangent curve
whose radius point bears North 78 degrees 22 minutes 03 seconds East 5624.60 feet
from the point of curvature; 2) thence Southeasterly along said curve an arc distance of
1191.73 feet to a point which bears South 66 degrees 13 minutes 40 seconds West
5624.60 feet from the radius point and being subtended by a long chord having a
bearing of South 17 degrees 42 minutes 08 seconds East and a distance of 1189.50
feet; 3) thence South 46 degrees 28 minutes 09 seconds East 42.36 feet (43.22 feet
deed) to the South line of said North Half; thence North 89 degrees 15 minutes 32
seconds East along the South line of said North Half 375.42 feet to the Southwest corner
of Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No. 9429324
in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton County,
Indiana; thence North 00 degrees 45 minutes 53 seconds West along the West line of
said Danbury Estates 381.42 feet (381.70 feet plat) to the Northwest corner of Lot 29
in said Danbury Estates; thence North 89 degrees 14 minutes 07 seconds East along
the North Line of Lots 29 through 33 in said Danbury Estates 329.26 feet; thence North
00 degrees 10 minutes 51 seconds East 868.00 feet to the point of beginning, containing
24.049 acres, more or less.
Parcel #2
(Fenstermaker Parcel)
Part of the South Haif of the Northwest Quarter of Section 19, Township 18 North,
Range 4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northwest corner of the South Haif of the said Northwest Quarter,
which lies South 00 degrees 09 minutes 32 seconds East (bearings based on NAD83
State Plane Coordinates East Zone) 1320.84 feet from the Northwest corner of the said
Northwest Quarter Section; thence North 89 degrees 15 minutes 32 seconds East along
the North line of the said South Half 609.82 feet to a point on the Easterly limited access
right of way line for State Highway Number 431 per plans for Project S -165 (14) and
further described in Condemnation proceedings in the Hamilton County Circuit Court
Cause No. 61 -668, said point lies on a non tangent curve having a radius of 5671.60
feet, the radius point of which bears North 66 degrees 08 minutes 54 seconds East (the
next six courses are along said right of way); 1) thence Southeasterly along said curve
an arc distance of 102.38 feet (101.7 feet deed) to a point which bears South 65
degrees 06minutes 51 seconds West from said radius point and being subtended by a
long chord having a bearing of South 24 degrees 22 minutes 03 seconds East and a
length of 102.38 feet (101.7 feet deed); 2) thence South 24 degrees 51 minutes 15
seconds East 297.30 feet; 3) thence South 34 degrees 44 minutes 15 seconds East
258.40 feet to a curve having a radius 5654.60 feet, the radius point of which bears
North 59 degrees 30 minutes 47 seconds East; 4) thence Southeasterly along said curve
an arc distance of 197.40 feet to a point which bears South 57 degrees 30 minutes 46
seconds West from said radius point and being subtended by a long chord having a
bearing of South 31 degrees 29 minutes 15 seconds East and a length of 197.40 feet; 5)
thence South 34 degrees 56 minutes 15 seconds East 286.10 feet to a curve having a
radius of 5649.60 feet, the radius point of which bears North 54 degrees 36 minutes 46
seconds East; 6) thence Southeasterly along said curve an arc distance of 302.76 feet to
a point which bears South 51 degrees 32 minutes 32 seconds West from said radius
point and being subtended by a long chord having a bearing of South 36 degrees 55
minutes 21 seconds East and a length of 302.73 feet; thence North 00 degrees 10
minutes 51 seconds East 1230.19 feet to the North line of said South Half; thence South
89 degrees 15 minutes 32 seconds West along the said North line 767.19 feet to the
point of beginning, containing 11.828 acres, more or Tess.
41
Parcels #3 -6
(Part of Danbury Estates, Section 1)
Lots 26, 27, 28, and 29 in Danbury Estates, Section 1, as per plat thereof, recorded as
Instrument #9429324 in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder
of Hamilton County, Indiana, containing 1.199 acres, more or Tess.
Tab 10
1
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 Use and Development 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.
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.
1
COMMITMENTS CONCERNING DEVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 2
1
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.
Kite Greyhound, LLC
By:
Paul W. Kite, President
STATE OF INDIANA
COUNTY OF HAMILTON SS:
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.
1 Witness my hand and Notarial Seal this day of 2000.
Notary Public
1 My Commission Expires:
Residing in County
1 Printed Name
1
1
COMMITMENTS CONCERNING DEVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 3
STATE OF
COUNTY OF
SS:
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.
By:
Name and Title
and State, personally appeared
Company, Inc. and acknowledged
of 2000.
1 COMMITMENTS CONCERNING DEVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 4
1
1 By:
1 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.
1
Notary Public
1
1
1
1
1
1
1
1
1
Ward Fenstermaker
My Commission Expires:
1 Residing in County
Printed Name
COMMITMENTS CONCERNIN DEVELOPMENT
AND USE OF REAL ESTATE
KITE GREYHOUND, LLC
Page 5
STATE OF
COUNTY OF
SS:
By:
Sidney Fenstermaker, Jr.
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
This instrument prepared by Paul G. Reis, Attorney -at -Law, Paul G. Reis, Esq., LLC, 12358
Hancock Street, Carmel, Indiana, 46032 -5807