Loading...
HomeMy WebLinkAboutApplicationto PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE (REZONE APPLICATION) Date: October 22, 1999 (Revised November 23, 1999) Docket No.: 98 -99Z $500 plus $25.00 per acre Name of Owner (Parcel #1): Bayview Development Company, Inc. Phone No.: (407) 841 -4141 Address of Owner: 111 North Orange Avenue Orlando, Florida 32801 Record of Ownership for Bayview Development Company, Inc.: Instrument No. 8805327 Name of Owner (Parcel #2): Sidney Fenstermaker, Jr. and Ward R. Fenstermaker Phone No.: (317) 253 -2185 Address of Owner: 5333 Whitemarsh Lane Indianapolis, Indiana 46226 Record of Ownership for Fenstermakers: Deed Record: 191 Page:262 -265 Name of Owner (Parcels #3 -6): Phone No.: Address of Owner: Hamilton County, Indiana (317) 776 -9601 One Hamilton County Square Noblesville, Indiana 46060 Record of Ownership for Hamilton County: Instrument No. 9967747 Legal Description (Use additional page[s] if necessary): Please see attached legal descriptions Common Address of Property Involved (or General Description if no Address Exists): Southeast Corner of 146 Street and Keystone Avenue (S.R. 431) E" NO 2 3 1999; Proposed Zoning Change: From the B -2 /Business, R- 4/Residence, and R -1 /Residence Districts to a PUD District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. November 23, 1999 Date S o'ie►.-be 195_5 (SEAL and Signature) (printed or typed) Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if necessary): The 20/20 Comprehensive Plan designates this area as a "Special Study Area." The Special Study conducted for this area is silent to the proposed land use of the site. AFFIDAVIT The undersigned, being duly sworn, depose and say that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. The applicant, correspondent, or agent (if different from owner or owners) A k Ii Rei 1111 Attorney for Petitioner, Kite Greyhound, LLC 123 8 Hancoc Street Carmel, Indiana 46032 (317) 848 -4885 State of Indiana SS. County of V1a -w.:. \A Before me the undersigned, a Notary Public for Ake-r1 v■ (officer's county of residence) County, State of Indiana, personally appeared l c. (4 ;5 and (name of person) acknowledged the execution of the foregoing instrument this 7- day of My commission expires: `f j a i a oog 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 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 Northwest corner of the South Half 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. 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. Hamilton County, Indiana, the owner of certain real estate described in Exhibit "A," attached hereto and made a part hereof, (the "Real Estate hereby authorizes Kite Development and its attorney, Paul G. Reis, of Paul G. Reis, Esq., LLC, to file plat vacation and rezone applications and all other documentation necessary for the plat vacation and rezone of the Real Estate and hereby consents to the plat vacation and rezoning of the Real Estate. This consent shall remain in effect until revoked by a written statement filed with the Department of Community Services for the City of Carmel, Indiana. Hamilton County, Indiana Hamilton County Commissioners By: Sharon R. Clark By: Steven C. Dillinger STATE OF INDIANA COUNTY OF HAMILTON My Commission Expires: X7 200 Resident ofilh I: \kite- hamcozon ingcon sen t.doc 1 PLAT VACATION AND ZONING CONSENT SS: Notary Public County, Indiana By: Steven A. Holt Subscribed and sworn to before me a Notary Public in and for said County and State, this .2.2' day of �2c� 1999. ,/b‘e/A. )4 .?k Printed Signature Doc _E 9 r Exhibit "A" Paragraph 1 (Lots for Plat Vacation) Lots 24, 25, 26, 27, 28, 29, 31, and 32 within the Danbury Estates Subdivision, Section 1, Carmel, Indiana. Paragraph 2 (Lots for Rezoning) Lots 26, 27, 28, and 29 within the Danbury Estates Subdivision, Section 1, Carmel, Indiana. t n y E and 1 rt n 7 Fenstermaker, the owners of real estate described -in/ Exhibit "A," attached hereto and made a part hereof, hereby authorize Kite Development` and- °ifs attorney, Paul G. Reis, of Paul G. Reis, Esq., LLC, to file a rezone application and ill other zoning documentation necessary for the rezoning of the Real Estate and hereby consent to the rezoning of the Real Estate. This consent shall remain in effect until revoked by a written statement filed with the Department of Community Services for the City of Carmel, Indiana. STATE OF INDIANA COUNTY OF 1p 1 6N My Commission Expires: I:U cite fenstermakerzoningconsent.doc 1 ZONING CONSENT WARD SS: Not lic Printed Signature Resident of J■A( f AN.1 County, Indiana Fenstermaker Fenstermaker Subscribed and sworn to before me a Notary Public in and for said County and State, this 1 `V day of c.1" b p30.5 1999. \`1 env 0 L. J- ttl Bayview Development Company, Inc., the owner of real estate described in Exhib A;" attached hereto and made a part hereof, hereby authorizes Kite Development and its attoiney, Paul G. Reis, of Paul G. Reis, Esq., LLC, to file a rezone application and all' other -zoning documentation necessary for the rezoning of the Real Estate and hereby consents to the rezoning of the Real Estate. STATE OF COUNTY OF G,'? 6" My_f'ipission Ur MY COMMISSION C0617580 WIRES �.•a`: May 30, 2001 I :\cite bayviewzoningconsent.doc BONDED THRU TROY FAIN INSURANCE, INC. ZONING CONSENT This consent shall remain in effect until revoked by a written statement filed with the Department of Community Services for the City of Carmel, Indiana. Bayview Develop By: b\-C).-i l3-( te7 D. Scov Printed Signature Of. 1 nu.sw e� Title SS: 0,el-Aw0L) Subscribed and sworn to before me a Notary Public in and for said County and State, this a day of 0 ethe4s 1999. Resident of ,Sp County,a [/rye /27 CO I. JS Printed Signature t Company, Inc. DRAFT A. Single Tenant Buildings Sign Requirements Planned Unit Development Ordinance 146 Street and Keystone Avenue 1. Number Type: The maximum number of Identification Signs permitted shall be one (1) wall sign on the west building frontage and one (1) wall sign on the building frontage where the main entrance is located. For those buildings containing over 100,000 square feet, two additional wall signs shall be permitted on the building frontage where the main entrance is located. 2. Maximum Sign Area for buildings over 100,000 square feet: West building frontage: 100 sq. ft. Main entrance building frontage: 150 sq. ft. Two additional wall signs: 27 sq. ft. each Maximum Sign Area for all other buildings shall be determined by Carmel/Clay Zoning Ordinance Z -302. For purposes of calculating the maximum Sign Area under the Ordinance, the distance of Sign from Street Right -of -Way shall be measured perpendicular to the right -of -way of the street currently known as Keystone Avenue. 3. Location: As shown on building elevation drawings. 4. Design: All wall signs shall consist of individual letters. The color of the signs shall be consistent throughout the Real Estate. 5. Copy: As per defmition of Identification Sign. 6. Illumination: Internal. The additional wall signs are not to be illuminated. 7. Window Signs: No window signs are allowed. 8. Sign permit: Required. 9. Fees: Required. B. Multi -Tenant Buildings 1. Number Type: One (1) wall Identification Sign per business on the building frontage where the main entrance is located. Two (2) wall signs on the west building frontage DRA 2. Maximum Sign Area: Buildings with two (2) tenants: total of 120 sq. ft. Buildings with three (3) to six (6) tenants: total of 120 sq. ft. West building frontage signs: total of 90 sq. ft. 3. Location: As shown on the building elevations. 4. Design: All wall signs shall consist of individual letters. The color of all signs shall be consistent throughout the Real Estate. 5. Copy: As per definition of Identification Sign. 6. Illumination: Internal. 7. Window Signs: No window signs are allowed. 8. Sign permit: Required. 9. Fees: Required. C. Center Identification Sign 1. Number Type: one (1) ground sign. 2. Maximum Sign Area: 75 sq. ft. 3. Maximum height of sign: 10 feet 4. Location: As shown on the site plan 5. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design and identical in lighting and style of construction. 6. Copy: As per definition of Identification Sign. 7. Illumination: Internal or completely shielded. 8. Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. 9. Sign permit: Required. 10. Fees: Required. DRAFT D. Other Provisions Sections 25.7.01, 25.7.04, 25.7.06- 25.7.09 of the Carmel/Clay Zoning Ordinance, Z -302, are also incorporated by reference. 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 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 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 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 1 Tses 1 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 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 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 Section 3 Excluded i Jses- Planned Unit Development District Ordinance 146th Street and Keystone Avenue Section 4 Accessory Buildings and I Jses: 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. 4110 Planned Unit Development District Ordinance I 46th Street and Keystone Avenue 1 Section 6. Height and Area Requirements. 1 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 'i. 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 1 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 1 floor area. Section 6.5 Maximum Parcel Coverage and Density A. Maximum Parcel Coverage shall be sixty-five (65%). ercent 65% g Y percent 1 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. 1 1 s Planned Unit Development District Ordinance I46th Street and Keystone Avenue l Section 7. Tandscaping Requirements Section 7A T,andsraping Plan• A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan (1) shall be drawn to scale, including dimensions and distances; (2) shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive- ways, signs, lighting standards, steps and other similar structures; and (3) shall delineate the location, size and description of all landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the entire tract. Section 7 2 Areas to he 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) 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 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.) 1 Section 7 3 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 2'/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. 1 1 1 Planned Unit Development District Ordinance 146th Street and Keystone Avenue 1 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. 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, 1 and keeping the area free of refuse, debris, rank vegetation and weeds. C. Changfs 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 Requirements 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. Planned Unit Development District Ordinance 146th Street and Keystone Avenue 1 1 Section 9 Lighting Requirements- A. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting, "ADLS The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 1. parking lot and service /storage area lighting; 2. architectural, display lighting; 3. security lighting; 4. lighting of pedestrian and bicycle ways; 5. landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The maximum height of light standards shall not exceed twenty -five (25) feet high. However, when light standards abut or fall within ninety (90) feet of a residential district or use, they shall not exceed fifteen (15) feet. D. All site is ole lights lights shall be low level, 90° cutoff P and wall mounted l� 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 ADTS Requirements Section 11.1. Outside Storage of Refiise or Merchandise. No outside, unenclosed storage of refuse (whether or not in containers) or merchandise (other than the merchandise contained in an attached garden center) shall be permitted on any tract. 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. 1 1 Section 11 7. 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 Plan Commission Section 11 3 Signs All Signs on the Real Estate shall conform to Carmel /Clay Zoning Ordinance, Z -302, as amended. Planned Unit Development District Ordinance 146th Street and Keystone Avenue 1 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 1 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. I Section 12 Approval of ADI S: 1 A. The Plan Commission shall consider an ADLS for any project on the Real Estate. I 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 I 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 I any buildings, landscaping, lighting, and signage for a site on the Real Estate. I Section 11 Approval or Venial of the Development Plan A. The Director shall approve without conditions, approve with conditions, or I 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 I 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. Planned Unit Development District Ordinance I 46th Street and Keystone Avenue 1 PASSED by the Common Council of the City of Carmel, Indiana this day of 1 2000, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL 1 Presiding Officer N. L. Rundle, President 1 1 Kevin Kirby John R. Koven Robert Battreall Luci Snyder 1 Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer l 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 Planned Unit Development District Ordinance 146th Street and Keystone Avenue 1 ATTEST: 1 Diana L. Cordray, IAMC, Clerk- Treasurer 1:\2005 \I\PUD Ordinance4 1 -21 -00 Kite Project.doc 1 1 1 1 1 1 1 1 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. 1 Parcel #2 (Fenstermaker Parcel) Part of the South 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 Northwest corner of the South Half 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 less. Parcels #3 -6 (Part of Danbury Estates, Section 1) 1 1 1 1 1 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 less. ORDINANCE revised: 146 STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT draft 10/22/99 12/7/99 1/7/00 Clinic or medical health center Automobile sales or leasing Automobile service station or filling station College or University Financial Institution Car wash Carnivals, fairs, circuses General Offices Grocery Store Equipment sales or repair 1,00 Ar K ----v, Hardware Store (including enclosed Lumberyard and oeer attached Garden Center) Garbage disposal plant/sanitary landfill Hospital Hotel Grain elevator Industrial uses —heavy Insurance Office Meeting Party Hall Nursing, retirement or Office building or convalescent facility Professional Office Radio or television studio 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 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 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 Uses: Section 3. Excluded Uses: 1 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 Stock yards, slaughtering, leather curing and tanning Truck stop Water slide 2 Planned Unit Development District 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 and-- outdoor—storage, 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 7. Landscaping Requirements. Section 7.1. Section 7.2. Areas to be Landscaped. 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. Landscaping lan: A La ndscap leg Plan shall b e submi to the Plan a t• iJ t h idanalke,_arailmturaLAsifrnjipktinp parking and signage) are submitted. This plan (1) shall be drawn to scale, including II xi 1 t 1 1J' 't J ft 't a Planned Unit Development District Ordinance 146th Street and Keystone Avenue parking areas, ■walks ramps for handi rra drip wa ys, gns,liighting standard t i a dot i 'liar sr ct 1� tcatitl iz ajdd ',t't o all landscape material and the irrigafisystem for .11 plamting a reas. Landsca 1 at r n fo za r t t r' and ri a a a e h I 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 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, 3 aJ m r Section 74 73. Landscaping Standards. Planned Unit Development District Ordinance 146th 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: Canopy Trees: Ornamental Trees: Shrubs (only): 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 2'/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. Section 7-4 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. 4 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 m order to conform to specific site conditio D. Inspection: The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Section 8. Parking Requirements: 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, u or-sto iage- areas shall be excluded. 7 /G�r J 4. There shall be an appropriate number of parking spaces, accessible to the ice d building(s) and identified as reserved for use by handicapped individuals, and these spaces shall mee State requirements. 5. Ab �'eg�iade, structured parking facilities shall have on all sides architectural features that arm compatible with the principal building(s) with which they are associated. 1" B. The Commission may, C its discretion, allow a minimal number of visitor or handicapped parking spaces between the greenbelt and the front yard line. Section 9. Lighting Requirements: Planned Unit Development District Ordinance 146th Street and Keystone Avenue A. A site fighting 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 candles in commercial areas, and 0.1 foot dles in res 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] Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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. 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. Section 11.3. Signs: All Signs on the Real Estate shall conform to Carmel/Clay Zoning Ordinance, Z -302, as amended. Section 11.4. n ad" t Rooftop Mechanical Equipment: Any rooftop mechanical equipment visible from h ••n aith t Section 11.5. Cart Corrals: Any cart corrals on the Real Estate shall be constructed of masonry materials Section 12. Approval or Denial of ADLS: A, The Plan Co m' ion h all consider an for any project on the Real Estate B. t Ian o _II_ t t hal c t "d t AD t ltane 1 I rt va this Ordinance. C. The Plan Commission shall approve the ADLS without conditions, or approve with conditions. B D. If the ADLS plans are materially changed in any way, resubmission to a committee of the Commission for approval is required. hal r in la c t t i it 1 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 Ordinance and the Carmel/Clay Zoning Ordinance. 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 includer, generalAandseaping, parking, drainage, erosion control, signage, 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 Zoning Ordinance. 6 PASSED by the Common Council of the City of Carmel, Indiana this day of 2000, by a vote of ayes and nays. Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer I:\2005 \1\PUD Q th nc-c2-grdinance3 1 -07 -00 Kite Project.doc COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Luci- Snyder N. L. Rundle, President Kevin Kirby John R. Koven Robert Battreall N.L. Rundle Luci Snyder 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 Planned Unit Development District Ordinance 146th Street and Keystone Avenue Billy- Wallcr Wayne Wilson a 4 OP P iri _SQ9 i t li 10 I r i 11 DEO 0 1999 Doc° ORDINANCE revised: 146 STREET AND KEYSTONE AVENUE PLA1N UNIT DEVELOPMENT DISTRICT draft 10/22/99 12/7/99 1 Clinic or medical health center College or University Financial Institution General Offices Grocery Store Hardware Store (including enclosed Lumberyard an. outdoor Garden Center) Hospital Hotel Insurance Office Meeting or Party Hall Nursing, retirement or convalescent facility Office building Professional Office Radio or television studio Recording Studio Research Laboratory Restaurant Stadium, auditorium, or coliseum Retail Uses Utility company business office Section 2 Permitted Uses• AN ORDINANCE ESTABLISHING THE 146 STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z -289, (the "Carmel /Clay Zoning Ordinance provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. 36 -7 -4 -1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to 1.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 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. 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 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 Stock yards, slaughtering, leather curing and tanning Truck stop Water slide Section 3 Excluded i Jses• 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. 2 Planned Unit Development District Ordinance I46th Street and Keystone Avenue t 11 Section 6 Height and Area Requirements. Section 6 5, Maximum Parcel Coverage and Density Section 6 6 Architectural Design Requirements: 3 Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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 and outdoor storage 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. 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. 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 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 Areas to he Landscaped Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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. Paral 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 Ruilding,s- 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 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.) 4 Section 7 7 Landscaping Standards A. Interior Areas: The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide B. Greenbelt- The primary landscaping materials used in the greenbelt areas and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground covers, grasses, and flowers. A base planting unit of one hundred (100) linear feet will be designated for the Keystone Avenue greenbelt which includes: Five (5) shade trees; Three (3) ornamental trees or three (3) evergreen trees; and Fifteen (15) shrubs C. Materials- All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 1. Shade trees: a minimum trunk diameter of 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. Section 7.3 Landscaping Installation and Maintenance 5 Planned Unit Development District Ordinance 146th Street and Keystone Avenue A. Tnstallation 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 amt equal to the total cost of the required landscaping prior to the issuance of the'Finab Certificate of Occupancy. Planned Unit Development District 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 condition D. inspection- The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Section 8 Parking Regnirements: 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 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. Abo ade, structured parking facilities shall have on all sides architectural eatures that are compatible with the principal building(s) with which they are associated. T B. The Commission may ii its discretion, allow a minimal number of visitor or handicapped parking spaces between the greenbelt and the front yard line. Section 9 Lighting Requirement 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; 6 Section 12 2. architectural, display lighting; 3. security lighting; 4. lighting of pedestrian and bicycle ways; 5. landscape lighting. Planned Unit Development District 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 foot candles in commercial areas, and 0.1 foot candles 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- No outside, unenclosed storage of refuse. (whether or not in containers) shall be permitt'ecl 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. Approval or Denial o f ADT S: 7 A. The Plan Commission shall approve the ADLS without conditions, or_ approve with conditions. B. If the ADLS plans are materially changed in any way, resubmission to a committee of the Commission for approval is required. Section 13 Approval o of the Development Plan 7 A. The Director sha11 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. Kevin Kirby Robert Battreall Ronald E. Carter ATTEST: Planned Unit Development District Ordinance 146th Street and Keystone Avenue 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 includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for a site on the Real Estate. 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 Luci Snyder, President Diana L. Cordray, IAMC, Clerk Treasurer 8 John R. Koven N.L. Rundle Billy Walker/ Presented by me to the Mayor of the City of Carmel, Indiana the day of 2000. Diana L. Cordray, IAMC, Clerk Treasurer ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer I:\POD Ordinancel Kite Project.doc 9 Planned Unit Development District Ordinance 146th Street and Keystone Avenue Approved by me, Mayor of the City of Carmel, Indiana, this day of 2000. James Brainard, Mayor ORDINANCE 146 STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT Clinic or medical health center College or University Financial Institution General Offices Grocery Store Hardware Store (including enclosed Lumberyard) Hospital Hotel Insurance Office Meeting or Party Hall Nursing, retirement or convalescent facility Office building Professional Office Radio or television studio Recording Studio Research Laboratory Restaurant Stadium, auditorium, or coliseum Retail Uses Utility company business office Section 1 Applicability of Ordinance: Section 2 Permitted I Ises- AN ORDINANCE ESTABLISHING THE 146 STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel /Clay Zoning Ordinance Z -289, (the "Carmel /Clay Zoning Ordinance provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. 36 -7 -4 -1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to I.C. 36 -7 -4 -1500 et seq., it adopts this ordinance, (the "Ordinance as an amendment to the Carmel /Clay Zoning Ordinance. Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit 'A', (the "Real Estate as a planned unit development district. Section 11 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. 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 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 Stock yards, slaughtering, leather curing and tanning Truck stop Water slide Section 3 Excluded T Ices 2 Planned Unit Development Distnct Ordinance 146th Street and Keystone Avenue Section 4 Accessory Ruildin&s 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 Sin 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 5 Maximum Parcel Coverage and Density: Planned Unit Development Distnnct Ordinance 1 46th Street and Keystone Avenue Section 6.1 Maximum Building Heights- All uses, sixty (60) feet. Section 6 7, Minimum Building Height- All uses, two (2) stories 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. 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. 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 Iist: 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 Landscaping Requirements 1 1 Planned Unit Development District Ordinance 146th Street and Keystone Avenue Section 7 1 Areas to he Tanndscaped 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 by the remaining sides of the building shall be installed on all other sides 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 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.) 4 Section 7 7 Landscaping Standards A. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide B. Greenbelt. The primary landscaping materials used in the greenbelt areas and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground covers, grasses, and flowers. A base planting unit of one hundred (100) linear feet will be designated for the Keystone Avenue greenbelt which includes: Five (5) shade trees; Three (3) ornamental trees or three (3) evergreen trees; and Fifteen (15) shrubs C. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 1. Shade trees: a minimum trunk diameter of 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 3 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. 5 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 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 4fi r 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 Requirements- 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, depending upon the zoning and intended land use. 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 its discretion, allow a minimal number of visitor or handicapped parking spaces between the greenbelt and the front yard line. Section 9 lighting Requirements: A. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting, "ADLS The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 1. parking lot and service /storage area lighting; 2. architectural, display lighting; 6 Planned Unit Development Distract Ordinance 146th Street and Keystone Avenue 3. security lighting; 4. lighting of pedestrian and bicycle ways; 5. landscape lighting. Planned Unit Development Distn`ct 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 foot candles in commercial areas, and 0.1 foot candles 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 Bicycle, and Pedestrian Access The ADLS submittal should include specific provisions for accommodating pedestrian and bicycle access, circulation and amenities into the development. This shall include design considerations related to the site and its own parking, buildings and amenities as well as consideration for linking pedestrian and bicycle facilities and features to adjacent development, and the community's overall system of bicycle and pedestrian trails and routes. Section 11 Other ADT.S Requirements Section 11.1 Outside Storm of Refuse- No outside, unenclosed storage of refuse (whether or not in containers) 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 T,oading Berths: Any loading or unloading berth or bay visible from U.S. Highway 31 shall be screened. Section 12. Approval or Denial of ATM ,S: A. Approval of this Ordinance by the Common Council shall also act as approval of ADLS. B. If the ADLS plans are materially changed in any way, resubmission to a committee of the Commission for approval is required. 7 Section 13. Approval or Denial of the Development Plan. ATTEST: Planned Unit Development District Ordinance I 46th Street and Keystone Avenue 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. 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 includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for a site on the Real Estate. 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 Luci Snyder, President Kevin Kirby John R. Koven Robert Battreall N.L. Rundle Ronald E. Carter Billy Walker Diana L. Cordray, IAMC, Clerk- Treasurer 8 Presented by me to the Mayor of the City of Carmel, Indiana the day of 2000. ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Diana L. Cordray, IAMC, Clerk- Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2000. James Brainard, Mayor 9 Planned Unit Development Distract Ordinance 146th Street and Keystone Avenue Date: October 22, 1999 Docket No.: Phone No.: Address of Owner: IP PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE (REZONE APPLICATION) $500 plus $25.00 per acre Name of Owner (Parcel #1): Bayview Development Company, Inc. Phone No.: (407) 841 -4141 Address of Owner: 111 North Orange Avenue Orlando, Florida 32801 Record of Ownership for Bayview Development Company, Inc.: Instrument No. 8805327 Name of Owner (Parcel #2): Sidney Fenstermaker, Jr. and Ward R. Fenstermaker (317) 253 -2185 5333 Whitemarsh Lane Indianapolis, Indiana 46226 Record of Ownership for Fenstemiakers: Deed Record: 191 Page:262 -265 Legal Description (Use additional page[s] if necessary): Please see attached legal description (combines both parcels) Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if necessary): L� 5 OGT 22 V Dow Common Address of Property Involved (or General Description if no Address Exists): Southeast Corner of 146 Street and Keystone Avenue (S.R. 431) Proposed Zoning Change: From the B- 2/Business and R- 1/Residence Districts to a PUD District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. The 20/20 Comprehensive Plan designates this area as a "Special Study Area." The Special Study conducted for this area is silent to the proposed land use of the site. The undersigned, being duly sworn, depose and say that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. The applicant, correspondent, or agent (if different from owner or owners) P Rei q., Agent for Bayview Development, Inc. and Sidney and Ward Fenstermaker 12 8 Hanc Street Carmel, Indiana 46032 (317) 848 -4885 October 22, 1999 Date State of Indiana County of Hamilton Before me the undersigned, a Notary Public for County, State of Indiana, personally appeared Paul G. Reis and (name of person) acknowledged the execution of the foregoing instrument this 22nd day of October 19 99. (SEAL and Sig' Lori Garrison (printed or typed) SS: AFFIDAVIT Marion (officer's county of residence) My commission expires: 4/27/08 1 A part of the Northwest Quarter of Section 19; Township 18 North; Range 4 East in Qlay Township of 1 Hamilton County, Indiana, and more particularly described as follows: DOCD Commencing at the Northwest corner of Section 19; Township 18 North; Range 4 East as found per Hamilton County Surveyor's records; thence North 88 degrees 54 minutes 26 seconds East 544.62 feet along the north line of said Section 19 to the Point of Beginning of this description; thence continuing North 88 degrees 54 minutes 26 seconds East 649.72 feet along said north line to the westerly line of the proposed INDOT Right of -Way; thence South 00 degrees 00 minutes 00 seconds East 1457.61 feet along said proposed Right -of- Way to a point on a tangent curve to the right, the radius point of which bears South 90 degrees 00 minutes 00 seconds West 150.00 feet; thence southwesterly along said curve 128.35 feet to point which bears South 40 degrees 58 minutes 32 seconds East of said radius point and the point of curvature with a compound curve to the right; the radius point of which bears North 40 degrees 58 minutes 32 seconds West 257.00 feet; thence westerly along said compound curve 470.46 feet to a point which bears South 63 degrees 58 minutes 31 seconds West and is also a point of tangency with a compound curve being the existing INDOT Right -of- Way for State Road #431 (per condemnation cause #61 -626) and having a radius of 5624.60 feet; said point of tangency bears South 63 degrees 58 minutes 31 seconds West; (the next five calls being along said existing Right -of -Way) thence northerly along said curve 170.54 feet to the south line of the North half of said Northwest Quarter which bears South 65 degrees 42 minutes 45 seconds West 5624.60 feet from the radius point; thence North 89 degrees 03 minutes 16 seconds East 18.01 feet along said south line to a concrete INDOT Right -of -Way monument; thence North 46 degrees 39 minutes 00 seconds West 43.22 feet to a concrete INDOT Right -of -Way monument and a point on a non tangent curve to the right, the radius point of which bears North 66 degrees 02 minutes 49 seconds East 5624.60 feet; thence northerly along said curve 1191.85 feet to a point which bears South 78 degrees 11 minutes 16 seconds West from said radius point; thence North 07 degrees 27 minutes 00 seconds West 71.67 feet; thence North 71 degrees 20 minutes 00 seconds East 127.70 feet; thence North 85 degrees 53 minutes 00 seconds East 100.10 feet; thence North 61 degrees 25 minutes 00 seconds East 47.30 feet; thence North 01 degrees 05 minutes 34 seconds West 17.28 feet, more or less to the Point of Beginning and containing 25.56 acres