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HomeMy WebLinkAboutZ-528-09 Sponsor Councilor Rider ORDINANCE Z- 528 -09 AS AMENDED AN ORDINANCE OF TIM COMMON COUNCIL OF TIIE CITY OF CARMEL, INDIANA AMENDING Z-344 00 146 STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRIC1 ORDINANCE An Oidmame amending the 146 Street and Keystone Avenue Planned Unit Devclopmva Distract Ordinance WIIEREAS Section 31 06 04 of the Carmel Zoning Ordinance Z 289, as amended, (the "Carmel Zoning Ordinance and I C 36 7 4 15I2 provides foi the amendment of a Planned Unit Development District, NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Carmel Indiana that pursuant to I C 36 7 4 1500 et seq and after ieceiving a favorable recommendation by the Carmel Plan Commission Linder docket number 08110007 OA, it hereby adopts this ordinance, PUD Ordinance Amendment to amend the 146 Street and Keystone Avenue Planned Unit Development Distract Ordinance Z 344 00 (the "Original PUD Oi dinance and to amend the Carmel Zoning Ordinance Section 1 Applicability of PUD Ordinance Amendment Section 1 1 The text of the Original PUD Ordinance and of the Carmel Zoning Ordinance, is heieby amended to add the land described in Exhibit "A the "Real Estate Section 12 The use and development of the Real Estate shall be governed by this PUD Ordinance Amendment This amendment shall have no effect on the Ilse and development of real estate defined in the Original PUD Ordinance fo the extent that this PUD Ordinance Amendment is silent or does not addiess or otherwise cover an issue of item then the standards and provisions of the Carmel Zoning Ordinance and the B 1 Business zoning district will apply to the issue of item involved in the development and /or use of the Real Estate Amendments to the Carmel Zoning Ordinance shall apply to this PUD Ordinance Amendment, unless this PUD Ordinance Amendment has specified an alternative or specific development or design standard Section 1 3 Any capitzlized term not defined herein shall have the meaning as set forth in the Carmel Zoning Ordinance Section 1 4 All prior Ordinances or parts thereof, inconsistent with any provision of this PUD Ordinance Amendment are hereby repealed Section 5 This PUD Ordinance Amendment shall be in full force and effect from and Miler its passage and signage by the Mayor VERSION A 08 7--09 1 Section 2 Permitted Primary Uses Only the following uses shall be permitted on the Real Estate An Gallery Kindergarten/Pieschool Clinic or Medical Health Center with Professional Offices operating hours between 7 00 A M Ind 7 00 PM DayNursery/Day Care Veterinary Clinic w/o commercial kennel with operating hours between 7 00 A M and 7 00 PM Financial Institution (w /ATM as accessory use) Artificial Lake of Pond (non platted) General Offices Section 2 1 Hours of Opel anon The hour s of operation for any permitted use on the Real Estate shall not continue beyond the 7 00 P M Section 2 2 Trash Pickup and Snow Removal Trash pickup from the Real Estate and snow removal on the Real Estate shall not occur before 7 00 A M or after 9 00 P M on any weekday (Monday through Friday) Trash pickup is not permitted on Saturday or Sunday Section 2 3 Audio System's No loudspeakers or other audio system (excepting for a bank teller drive up station) be permitted Section 3 Accessory Buildings and Uses All accessory buildings and uses which are permitted in the B -1 zoning district shall be permitted, except that any detached accessory building shown in any Development Plan "DP shall have on all sides thedsame architectural features 01 shall be architecturally compatible with the principal building(s) with which d is associated No accessory building shall exceed eighteen (18) feet in height The dumpstcr within the trash enclosure shall,not be taller than the approved height of the trash enclosure Section 4 Height and Area Requir ements Section 4 1 Maximum Building Heights All uses thn Iy (30) feet ,Section 4 2 Minimum Building Setbadks The mnnmurh building setback measured to the nearest right of -way shall be at least 45 feet Section 4 3 Minimum Gross Floor Area. Number of Tenants A All buildings shall have a minimum of four thousand (4 000) square feet of gross floor area, excluding the floor area of any basement canopy or any accessory buildings) B The initial building to be developed and constructed on the Real Estate is intended to be for a single tenant In the event that this building is not deVeloped and constructed for a single tenant and/or upon redevelopment of this VERSION A 08 17 -09 2 building or its site as a multi tenant building, then the provisions of paragraph C below shall apply C No building shall have more than three (3) tenants D Accessory buildings permitted need not meet the minimum floor area requirement Section 4 4 Maximum Parcel Coverage and Density A Maximum Parcel Coverage shall be sixty -five percent (651/4) Maximum Floor Area Ratio (F A R) shall be 0,70, with the F A R being calculated by dividing the total gloss floor area of a building or buildings on the Real Estate by the area of the Real Estate Section 4 5 Architectural Design Requirements A Building materials A minimum of three matenals shall be used for building exteriors from the following list stone, brick, architectural pie cast (panels 01 detailing) architectural metal panels, glass and ornamental metal Additional building materials may be used after the requirement of this paragraph is satisfied s 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 C Footprint All buildings shall be designed with a minimum of eight (8) external comers to eliminate box buildings D EIFS shall not be used within three (3) feet of ground level on any building Section 5 Landscaping Requirements Section 1 Landscaping Plan A Landscaping Plan for the Real Estate shall be 'submitted to the Plan Commission for its approval at the same time other plans (le 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, pnvatc packing areas walks, ramps for handicapped terraces, drive ways, signs, lighting standards, steps and other suiti]ar structures, and (3) shall delineate the location, size and description of all landscape material VERSION A 08 17 09 3 Section 5 2 Areas to be Landscaped A Wall Relocation and Buffer Area 1 The existing 10' wall along Lowes Way will be relocated and extended along the entire east property line adjacent to the residential neighborhood commonly known as Danbury Estates A twenty (20) foot buffer area will extend along the entue length of the wall and will be planted in evergreens Some of the evergreens will be relocated from the Lowes Way right of way and others will be new plantings The evergreen trees will be a mininimn height of eight (8) feet with a width of not less than 3/5 of the height 13 Bufferyards 1 Landscape bufferyards shall be requned on the Real Estate in accordance with Chapter 26 of the Carmel Zoning Ordinance i e bufferyard "A" for the north, south and west and bufferyard "D' on the east (located west of the relocated wall) C Planting Adjacent to Building(s) 1 A planting area equal to an area five (5) feet in depth shall be installed on the sides of the building(s) but is not required on the east side of the building(s) 2 Sidewalks may be permitted in these areas but shall not occupy the entire area on any side of the building(s) 3 These adjacent planting areas need not be rectangular in shape Innovative and onginal designs are encouraged D Planting Within Parking Lots A minunum of one (1) shade tree and five (5) shrubs shall be planted within the parking area or along the perimeter of the parking area for every nine (9) spaces provided Section 5 3 Landsca s A Interior Areas The dimensions, specifications and design of; any planting aiea or planting median shall be sufficient to protect the landscaping matenals planted therein and to provide for proper growth The following immrnum widths for lutenor planting areas shall be used Canopy Trees 9 feet wide Ornamental Trees 7 feet wide Shrubs (only) 5 feet wide B Areas Adjacent to Building The primary landscaping materials used in the ar eas adjacent to buildings shall be shade trees ornamental trees shrubs, ground covers, grasses and flowers VERSION A 08 17 -09 4 C Matenals 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 hne, 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 1 /2 inches at six (6) inches above the ground line a muumum height of six (6) feet, and a branching height of not less than 113 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 5 4 Landscaping Installation and Maintenance A Installation All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department If it is not possible to install the required landscaping because of weather conditions the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the temporary Certificate of Occupancy i3 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 PUD Oidinance Amendment This is to include but is not limited to, imgation 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 sacnficed, 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 appioved plan on file Section 6 Lighting Requirements A A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking signage, and hghting, "ADLS The site lighting plan shall include the layout, spread and intensity of all site lighting VERSION A 08 17 09 5 1 13 The maximum height of light standards shall not exceed. fifteen (15) feet high C All site pole lights and wall mounted lights shall be low level 90° cutoff luminaires and shall not spill over into adjoining properties m excess of 0 3 footcandles in commercial areas, and 01 footcandles in residential areas Section 7 S!gnage Section 7 l Single Tenant Building 1 Number Type The maximum number of Identification Signs pernutted shall be one (1) wail sign on the north and west building facades and one monument sign There shall be no identification,signs on the east or south facades of the building if the adjacent real estate is residential in use 2 Maximum Sign Area West building facade wall sign 45 sq ft logo may be up to 70% of Sign Area North building facade wall sign 40 sq ft logo may be up to 40% of Sign Area 3 Location As shown on building elevation drawings 4 Design All wall signs shall consist of individual letters and/or company logo 5 Copy As per definition of Identiticatton Sign 6 Illumination Internal 7 Sign permit Required 8 Fees Required Sec.tion 7 2, Multi Tenant Building 1 Number Type One (1) wall Identification Sign per business on the building frontage where the main entrance is located and one (1) monument sign There shall be no identification sign on the cast or south facades of the building if the adjacent real estate is residential in use 2 Maximum Sign Aiea Per Carmel Zoning Ordinance 3 Location As shown on the building elevations 4 Design All wall signs shall consist of individual letters 5 Copy As per definition of Identification Sign 6 Illumination Internal 7 Sign permit Required 8 Fees Required VERSION A 08 17 09 6 r Section 7 3 Monument Sign 1 Number Type One (1) ground sign For a multi- tenant building all building tenants shall equally share the Sign Area 2 Maximum Sign Area 60 sq ft 3 Maximum height of sign 6 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 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 Section 8 Rooftop Mechanical Equipment Any rooftop mechanical equipment visible from an adjoining street shall be fully screened aCi Lew` t=enntoU'M pelf v 4 S ection 9 Modification of Development Requirements Any development requirements (other than permitted uses) that are specified in this PUD Ordinance Amendment may be modified by a heanng examiner /officer or committee designated by the Commission after a public hearing held in accordance with the Commission's Rules of Procedure Any decision of a hearing examiner /officer or committee which approves or denies any requested modification may be appealed by the Director or any interested party to the Commission, also in accordance with the Commission's Rules of Procedure Section 1,1 Approval of ADLS A The Plan Commission shall consider an ADLS for any project on the Real Estate B The Plan Commission shall consider an ADLS simultaneously with the approval of this PUD Ordinance Amendment C The Plan Commission shall approve the ADLS without conditions, or approve with conditions D If there is a Material Alteration in the ADLS plans, review and approval by the Commission shall be made by the Commission or a Committee thereof pursuant to the Commission's Rules of Procedure E The ADLS shall be a specific plan consisting of the architectural design of any buildings landscaping lighting, and signage for the Real Estate VERSION A08 -1709 7 Section 11 Approval or Denial of the Development Plan A The Plan Commission shall consider a Development Plan for any project on the Real Estate B The Plan Commission shall consider a DP simultaneously with the approval of this PUD Ordinance Amendment C The Plan Commission shall approve the DP without conditions, or approve with conditions D 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 The DP shall be a specific plan foi the development of the Real Estate that is submitted showing proposed facilities and structures parking, drainage, erosion control, utilities and building information for the Real Estate Section 1 Violations of PUD Ordinance Amendment All violations of this PUD Ordinance Amendment shall be subject to Section 34 0 of the Carmel Zoning Ordinance [SIGNATURES FOLLOW ON NEXT PAGE) VERSION A 08 17 09 8 PASSED by the Common Council of the City of Cannel Indiana this 1 Iay of t (,t 2009 by a vote of £r 4yes and _nays COMMON COUNCIL FOR THE CITY Of CARMEL A.:" IP .4•0" P s id i ng Officer •s 9 Gnffit}1s Ic." ./-,.<4 gAPIP W Eno S3 s ensticker r- even D Rider President Pro Tempore 0 P Pas '1) __,6 17 John V Accetturo Richard L Shaip onald E Caiter 1 Snyder Al TEST iLL i J J Diana L Cordray, IAMC Clerk T if ni er VERSION A 08 17 09 9 Present d by me to the Mayor of the City of Carmel Indiana the 1 g+` day of 2009, at /0 11 M 4,...4., K Diana L Cordray IAMC, Clerk reasurer Appioved by me, .Mayor of the City of Carmel, Indiana, this 1S day of ftlAbizot., 2009 at 10 3 3 A M r J e s Brainard Mayoi ATTEST ki_.....t.,, Diana L Cordray, IAMC, Clerk -Tr flier This Instrument prepared by Paul G Reis Lsq Krieg DeVault LLP 12800 N Meridian Street, Sune 300 Cannel, Indiana 46032 KD_2130106 a 1DDC VERSION A 08 17 09 10 EXHIBIT 4 LEGAL DESCRIPTION Part of the North Half of the Northwest Quarter of Section 19 Township 18 North Range 4 East in Hamilton County, Indiana, more9amcularly 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) along the North lore of the said Northwestpuarter 783 77 feet thence South 00 degrees 54 minutes 44 seconds East 75 46 feet to the South right of way line of 146th Street, thence along said South lino, South 89 degrees 05 minutes 16 seconds West 13713 feet to the Point of Beginning, thence South 00 degrees 10 minutes 51 seconds West 228 66 feet thence North 89 degrees 51 minutes 53 seconds West 127'17 feet, thence South 45 degices 09 minutes 29 seconds West 61 25 feet thence South 00 degrees 10 minutes 51 West 234 84 feet thence South 43 degrees 58 minutes 24 seconds West 83 82 feet, thence South 67 degrees 42 minutes 15 seconds West 44 37 feet thence North 89 degrees 49 minutes 09 seconds West 10 00 feet to the East right of way lme of Lowe's Way, thence along said East line North 00 degrees 10 minutes 51 seconds East 579 06 feet to the South right of way line of 146th Street, thence along said South line, North 89 degrees 05 minutes 16 seconds East 279 51 feet containing 2 291 acres more or less VERSION A0817O9 11 is CERTIFICATION OF THE CAILMEL PLAN COMMISSION'S RECOMMENDATION ON TEE PETITION OF KITE GREYHOUND III, LLC TO AMEND TILE 146 STREET AND KEYSTONE AVENUE PUD ORDINANCE PURSUANT TO INDIANA CODE 36-7 -4-605 ORDINANCE Z- 528-09 An Di dinance to urnsnd the 146' Street and Keystone Avenue Planned Unit Development (PUD) O durance To The Honorable Common Council of the City of Carmel Hamilton County, Indiana Deal Members The Carnxi Advisory Plan Commission offers you the fotlowmg report an the application to the Commission (Docket No 08110007 OA) to amend Oi dinance 2- 344.00 146 Street and Keystone Avenue PUD in ordcJ to include 1 7 aci es at the southeastacorner of 146 St and Lowe s Way The site is currently zoned R 4/Residence The Carmel Advisory Plan Commission s recornmendanon on the petition is FAVORABLE At its regularly scheduled meeting on May 19 2009 the Commission voted eight (8) m Favor, zero (0) Opposed zero (0) Abstaining to forward to the Common Council the proposed Ordinance Z- 528 -09 with a Favorable Rec©mmentlhtion Please be advised that by vntue of the Commission s Favorable Recommendation, pursuant to 1C 36- 7- 4- 607(e)(3), the Council has ninety (90) days to act on this petition before it becomes ffecti'e as Certified by the Commission Ninety days from the date of the original Certification (May 27 2009) s Tuesday August 25, 2009 G .1 EL PL N CO ISS[Ui o DIe rcini n Presiders @tons 9ncac' Secretary Carmel Advisory Plan Commission Dated Ma) 27, 2009 21109 cm) 081100rJ7 04 Z 525439 PC Ca t:atm i.s R3