HomeMy WebLinkAboutSummons w/Verified Petition for Writ of Certiorari, Writ of Mandamus, Declaratory Judgment and Expedited Hearing 1 CI
IN THE HAMILT(IN SU ERIOR COURT #3
STATE OF INDIANA
MIDWEST HOSPITALITY GROUP. INC. f RA CE®
and MOTELS OF CARMEL, LLP,
Petitioners,
vs. CAUSE NO.: 29D03- 0805 --Q)/
CITY OF CARMEL,
Respondent.
SUM N .,.S_,.
TO RESPONDENT: (Name Leo Dierckman. President
(A.•ress) Carmel Plan Commission
One Civic Square
c o
Carmel. IN 46032
You are hereby notified that you e been sued by the persons named as Petitioners and in tIe-,
Court indicated above.
The nature of the suit against you is stated in the Petition for Writ of Certiorari, et al which is
attached to this Summons. It also states the relief sought or the demand made against you by the
Petitioners.
An answer or other appropriate response in writing to the Petition must be filed either by you
or your attorney within twenty (20) days, commencing the day after you receive this Summons, (or
twenty -three [23] days if this Summons was received by mail), or a judgmentby default may be rendered
against you for the relief demanded by Petitioners.
If you have a claim for relief against the Petitioners arising from the same trans iditi' bi+"
occurrence ou must assert it in our written answer. �Q
O
MAY 1 2 2008 1 0
DATED: O
Clerk of Ri'ofllRTS a
E. Davis Coots #3367 -29
COOTS HENKE WHEELER, P.C. °1:1110,1'
255 East Carmel Drive
Carmel. IN 46032 -2689
(317) 844 -4693
The following manner of service of Summons is hereby designated:
Registered or certified mail.
XX Service on individual at above address VIA HAMILTON COUNTY SHERIFF
SHERIFF'S RETURN OF SERVICE OF SUMMONS
I hereby certify that I have served the within Summons:
(1) By delivering on 2008, a copy of the Summons, a copy of the Petition
and other materials filed the same date to the Respondent.
(2) By leaving on 2008, for the Respondent a copy of the Summons, a
copy of the Petition and all other materials filed the same date at the respective dwelling house or usual
place of abode, in Indiana, with a person or suitable age and discretion
residing within, whose usual duties or activities include prompt communication of such information to
the person served, or by otherwise leaving such process thereat, and by mailing a copy of the Summons
and the Petition to the said named Respondent at the address listed herein.
Dated:
Hamilton County Sheriff
By:
Deputy
CLERK'S CERTIFICATE OF MAILING
I hereby certify that on the day of 2008, I mailed a copy of this Summons
and a copy of the Petition to the Respondent by certified mail
requesting a return receipt, at the address furnished by the Petitioners.
Dated:
Clerk, Hamilton County
RETURN ON SERVICE OF SUMMONS BY MAIL
I hereby certify that the attached return receipt was received by me showing that the Summons
and a copy of the Petition mailed to Respondent was accepted by the Respondent
on the day of 2008.
I hereby certify that the attached return receipt was received by me showing that the Summons
and Petition was returned not accepted on the day of 2008.
Dated:
Clerk, Hamilton County
By:
Deputy
P:\EDC\MID WEST HOSPITALITY GROUP. 17814 \SUMMONS.wpd
2
A
IN THE HAMILTON SUPERIOR COURT #3
STATE OF INDIANA
HUU, MAY -9 (2: 53
MIDWEST HOSPITALITY GROUP INC.
#-I i1 F °;I:�fO��� COUr� y �'CUf�TS
and MOTELS OF CARMEL, LLP,
Petitioners,
vs. CAUSE NO.: 29D03- 0805 /1")
THE CITY OF CARMEL,
Respondent.
VERIFIED PETITION FOR WRIT OF CERTIORARI, WRIT OF MANDAMUS,
DECLARATORY JUDGMENT AND EXPEDITED HEARING
Petitioners Midwest Hospitality, Inc. and Motels of Carmel, LLP (hereinafter "Plaintiffs
for their Petition as captioned, state:
1. Midwest Hospitality, Inc. is an Indiana corporation with its principal place of business
located at 1220 Brookville Way, Indianapolis, IN 46239.
2. Motels of Carmel, LLP is an Indiana limited liability partnership with its principal
place of business located at 1220 Brookville Way, Indianapolis, IN 46239.
3. The City of Carmel is an incorporated municipality whose mailing address is One
Civic Square, Carmel, IN 46032.
4. Midwest Hospitality Group, Inc. manages hotels on real estate acquired by Motels
of Carmel, LLP including real estate located at the northeast corner of Pro Med Drive and Smokey
Row Road, Carmel, IN 46032, the legal description of which is attached hereto as Exhibit "A."
5. Petitioners filed a Development Plan Application and Petition for Architectural
Design, Landscaping, Lighting and Signing review (hereinafter "ADLS Petition with the City of
Carmel on April 1, 2007, and June 22, 2007, respectively. The petitions were combined for a public
hearing held August 21, 2007.
6. At the public hearing, Norman John and Virginia Kerr, Sharon Oldham, Joe
Shumaker and others remonstrated against the petitions and, pursuant to I.C. 36- 7- 4- 1005(b), have
been given notice of this filing.
7. Notice pursuant to I.C. 36- 7- 4- 1005(a)(1) has been sent to the Carmel Plan
Commission President, Secretary and Director of the Department of Community Services. A
courtesy copy has been forwarded to the Plan Commission Council John Molitor.
8. Between August 21, 2007 (the date of the public hearing), and April 15, 2008 (the
date upon which the Plan Commission voted on the pending petitions), the applications were
reviewed by the Carmel Department of Community Services, the Carmel Department of Engineering,
Carmel's outside consulting engineering firm Crossroad Engineering Co., the Carmel Utilities
Department, the Carmel Urban Forester and the Carmel Plan Commission Special Studies
Committee. The latter committee conducted committee meetings of the applications on February
5, 2008, March 4, 2008, and April 1, 2008 (Minutes of those meetings are attached as Exhibits "B,"
"C" and "D.
9. Carmel Zoning Ordinance 24.02(a)(7) and (e) requires the Commission to provide
the Petitioners with a written copy of its findings of fact. Pursuant to the Carmel Plan Commission
Rules of Procedure, Article IX, Final Disposition of Cases, 1, the Commission has 45 days after
the date of the Commission's final decision within which to submit its written findings. I.C. 36 -7 -4-
1406 requires written findings concerning each decision to approve or disapprove a Development
Plan. I.C. 36- 7- 4- 1406(b) provides that a decision of the Plan Commission approving or
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t
disapproving a Development Plan is a final decision of the Plan Commission that may be reviewed
only as provided in 36 -7 -4 -1016. The latter code section provides that decisions of the Plan
Commission may be reviewed by certiorari procedure in the same manner as that provided for the
appeal of a decision of the Board of Zoning Appeals, subsection 3, a final decision under the 1400
series of this chapter (Development Plans).
10. I.C. 36- 7- 4- 1003(b) requires that such petition for writ of certiorari be filed within
30 days after the date of the decision.
11. No written findings by the Plan Commission have been submitted within the time
period Petitioners have to petition this court for its writ of certiorari.
Petition for Writ of Certiorari
12. The real estate that is the subject of the Petition is zoned B6 pursuant to the Carmel
Zoning Ordinance (a copy of the B6 Business District attached hereto as Exhibit "E
13. The U.S. 31 Overlay Zone attached hereto as Exhibit "F" and Appendix A, the
Schedule of Uses, attached hereto as Exhibit "G" also encumber the property. Section 23(B.02) of
the Overlay Zone sets forth the criteria the Commission shall review in evaluating a development
plan.
14. Plaintiffs, as evidenced by the reports from the Department of Community Services,
Department of Engineering, Urban Forester, Department of Utilities and Transportation
Thoroughfare Plan met or exceeded each of the criteria evaluated by the Plan Commission and its
Special Studies Commission.
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15. The Plan Commission's denial, of the Development Plan and ADLS Plan is not
supported by any evidence in the record and is illegal in its entirety in that it deprives Plaintiffs of
their rights to develop real estate granted by the Carmel Zoning Ordinance.
16. The Carmel Plan Commission's denial of the Development Plan and ADLS
Application is arbitrary and capricious in that the evidence tendered in support of the Application
and uncontroverted at the public hearing and Special Studies Committee meetings clearly shows that
the Applicant satisfied the Ordinance requirements for Development Plan and ADLS approval.
17. The decision of the Carmel Plan Commission denying the Development Plan and
ADLS Application is arbitrary and capricious in that the Commission made no finding that the
Development Plan did not comply with the requirements of the Zoning Ordinance.
WHEREFORE, Plaintiffs pray the court issue a Writ of Certiorari to the Carmel Plan
Commission ordering the entire record of the application process be sent to this court for review.
Petition for Writ of Mandamus
18. Plaintiffs incorporate by reference the allegations contained in rhetorical paragraphs
1 through 17.
19. Plaintiffs satisfied and fulfilled the Ordinance requirements for approval of the
Development Plan.
20. The Department of Community Services' report dated April 15, 2008, submitted to
the Plan Commission affirmed that the Petitioner had met all of the B -6 Ordinance requirements and
Development Plan requirements entitling the Petitioner to approval of the Development Plan.
(Exhibit "H," Item 6 was corrected before the meeting on April 15, 2008.)
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21. While no findings of fact have been submitted to support the Plan Commission's
decision, there was no evidence that the Application failed to meet the Ordinance requirements.
WHEREFORE, Plaintiffs pray the court issue its order to the Carmel Plan Commission
mandating the Commission to approve the Development Plan and ADLS Application and for all
other proper relief.
Declaratory Judgment
22. Plaintiffs incorporate by reference the allegations contained in rhetorical paragraphs
1 through 21.
23. Carmel Zoning Ordinance 24.99(A)(7)(e), attached hereto as Exhibit "I," and
Article IX of the Carmel Plan Commission Rules of Procedure, attached hereto as Exhibit "J,"
conflict with I.C. 36 -7 -4 -1003 in that the Zoning Ordinance and Rules of Procedure do not require
the Plan Commission make its findings within the time limitations expressed in I.C. 36- 7- 4- 1003(b)
that mandates the initiation of a petition within 30 days after the date of the decision of the
Commission.
24. The timing of the statute supercedes the time allowed by the Ordinance and because
of the inconsistency, this court should declare the relevant portions of the Ordinance and Rules of
Procedure void and unenforceable.
WHEREFORE, Plaintiffs pray the court enter its order declaring the cited portion of the
Carmel Zoning Ordinance and Rules of Procedure in conflict with State statute and therefore void
and unenforceable.
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Petition for Expedited Hearing
25. Plaintiffs incorporate by reference the allegations contained in rhetorical paragraphs
1 through 24.
26. By reason of the Carmel Plan Commission' s decision denying the Development Plan
and ADLS Petition, Plaintiffs have been deprived of the opportunity to develop the real estate in a
timely fashion and without the burden of excessive cost brought upon by the delay in Plaintiffs'
ability to develop the real estate.
27. Subsequent to Plaintiffs' filing of its Development Plan and ADLS Applications,
Carmel amended the U.S. 31 Overlay Zone to effectively eliminate full service hotel uses.
28. The harm to Plaintiffs, who purchased the real estate in reliance on the then existing
zoning regulations, is irreparable.
29. Plaintiffs ask the court to expedite review of the petitions, issue its appropriate orders
to the Carmel Plan Commission and Department of Community Services and schedule this matter
for hearing.
WHEREFORE, Plaintiffs pray the court advance Plaintiffs' petitions on the court's calendar
to be heard at the court's earliest convenience.
COOTS, HENKE WHEELER, P.C.
C
By:
E. Davis Coots #3367 -29
COOTS, HENKE WHEELER, P.C.
255 East Carmel Drive
Carmel, IN 46032 -2689
(317) 844 -4693
P: \EDC \MIDWEST HOSPITALITY GROUP.17814 \PET FOR WRIT OF CERT.wpd
6
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I affirm, under the penalties for perjury, that the foregoing representations are true.
MOTELS OF CARMEL, LLP
An Indiana Limited Liability Partnership
By: /KK.I, f 0 %-aiJ
SANJAY PATEL, Managing Partner
STATE OF 1 tiDitql■di+
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared MOTELS
OF CARMEL, LLP, an Indiana Limited Liability Partnership, by SANJAY PATEL, Managing
Partner, who acknowledged the execution of the foregoing and stated that the representations therein
contained are true.
WITNESS my hand and Notarial Seal this 2 2 day of A Q 2008.
My Commission Expires:
__,(1)--\-4\
Notary Ranjan Patel
State of Indiana Notary Public
My County of Residence: Resident of Marion County
My Cernmission Expires 10/19/2014
(Prin ed Name)
Respectfully submitted,
COOTS, HENKE WHEELER, P.C.
By: .II t.�: II
E. Davis Coots #3367 -r9
E. Davis Coots #3367 -29
COOTS, HENKE WHEELER, P.C.
255 East Carmel Drive
Carmel, IN 46032 -2689
(317) 844 -4693
Legal Description
Parcel I (fee)
Lot No. 1 in Justus Business Park, an addition to the City of Carmel, as per plat thereof recorded
August 22, 2007 as Instrument No. 2007047987 in Plat Cabinet 4, Slide 356 in the Office of the
Recorder of Hamilton County, Indiana.
Parcel II (Easement)
Easement rights for Emergency Access Easement across Lot 2 in Justus Business Park, an addition
to the City of Carmel, as per plat thereof recorded August 22, 2007 as Instrument No. 2007047987
in Plat Cabinet 4, Slide 356 in the Office of the Recorder of Hamilton County, Indiana.
EXHIBIT
l:
Paul Reis, attorney, Bose McKinney Evans, 301 Pennsylvania Parkway, Suite 300, and Angie Miller,
McKenna Realty.
The location of the small multi -tenant building is 10485 North Michigan Road. To the east of the
building is a private drive that services the Super Target center to the south as well as the Chase Bank to
the north. The drive goes all the way north to 106 Street. Although the road is a private drive, it takes
quite a bit of internal traffic between 106 Street and 421. This particular building does not have a curb
cut on 421; therefore, all of the traffic uses this private drive for access. Of particular note is the one -way
in/one way out. The intent is to put the ground sign at the entrance coming into the facility and identify
the tenants currently none on the east facade. The tenants are paying for the sign—they are not buying
a custom -made sign, they are buying a ready -made sign from the sign contractor.
A revised drawing of the signage, as suggested by Rachel Boone, DOCS was circulated to the committee.
The new design eliminates the brick columns. The landscape plan was also circulated.
Paul Reis stated that the petitioner has already received a variance from the Board of Zoning Appeals to
allow for the ground sign adjacent to the private drive and not on a public street.
Department Report, Rachel Boone. The petitioner did receive a variance from BZA for the sign that faces
a private drive. The sign as originally proposed with the larger columns has a sign area that is very small
only eight square feet. The site is allowed up to a 60 square –foot sign. It was suggested that perhaps
without the columns the sign area could be larger. However, as seen this evening, it is only about one
square -foot larger. The Department supports the sign proposal.
Committee Comments:
Susan Westermeier asked whether or not the sign is two- sided. Susan also agreed that the sign should be
larger.
Paul Reis confirmed that the sign is two- sided. The reason the sign is not larger is because it fits between
the two pillars and limited by the construction of the existing sign.
Rick Ripma commented that he drives this route every day and the current sign is not noticeable at all.
Rick Ripma, Susan Westermeier, and "Woody" Rider liked the pillars. Wayne Haney was also in favor
of the sign with the pillars and said it drew your eyes to the sign. The colors of the sign match the red
brick.
In response to additional questions, Paul Reis said the sign matches the red brick, it is internally lit, and
will be turned off when the tenants are not open for business.
"Woody" Rider moved for approval of Docket No. 08010020 ADLS Amend, Medford Place Retail
Center Signage with the pillars (original submission) seconded by Susan Westermeier, APPROVED
4 -0.
6. Docket No. 07030035 DP: Pro -Med Lane Holiday Inn
The applicant seeks site plan approval for a proposed full- service hotel. ADLS is under another
docket no below. The site is located at 136th Street and Pro -Med Lane, and is zoned B-
6/Business within the US 31/Meridian Street Overlay.
;S PlanCommission/ Minutes Committees /SpecialStudy /2008/2008feb05 5
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Filed by Stacey of DeBoy Land Development Services, Inc.
Dave Coots, attorney, Coots Henke Wheeler, 255 East Carmel Drive appeared before the Committee
representing the applicant. Also in attendance: Mike DeBoy, DeBoy Land Development Services, and
Sanjay Patel, Mid -West Hospitality.
This docket was initially filed in August, 2007. At that time, there were a number of issues regarding
parking, traffic study, landscaping, and tree preservation as well as the architectural appearance of the
building. The Committee tabled this item. At the November Committee meeting, revised drawings were
submitted to include an underground parking garage in order to alleviate congestion on the site. The lot
coverage was reduced from 65% to 62% with the parking garage and narrowing of the traffic aisles.
The issue of water table can be addressed by Mike DeBoy, DeBoy Engineers. The fall of the land and the
southeast corner of the site provided adequate drainage to drain the perimeter of the basement garage
without having to rely on pumps or anything of that nature.
Regarding the Traffic Study —Steve Fehribach, A F Engineering has submitted a report to the
Depaitinent of Community Services. Steve Fehribach has also met with Gary Duncan, Carmel
Engineering. Gary Duncan submitted an analysis of traffic at the site to DOCS. The report states that the
development of this site as proposed versus the development of this site as presently approved as an office
building/professional office building reduces the traffic count/volume /number of cars. The report
concludes that with that reduction, and with the suggestion in the report to add a right turn lane from the
intersection of Old Meridian Street and Smokey Row Road past the intersection of Smokey Row and Pro
Med Lane would assist in alleviating existing traffic congestion at this site. Steve Fehribach also points
out in his report that the traffic was the subject of conversation at the November committee meeting;
turning traffic south bound traffic is still an issue; this project, per Steve Fehribach's numbers, does not
affect that movement. Gary Duncan's email stated that until the State re- designs 136 Street, Old
Meridian, and US 31, this area will continue to experience high traffic congestion as well as the local
streets.
Gary Duncan concluded his report saying that IF their Dept recommends approval of this proposal, it
would be conditioned upon construction of a short right -turn lane at the intersection of Smokey Row
Road and Old Meridian. The length of the right -turn lane would be worked out between Carmel
Engineering Dept and A F Engineering. The cost of construction of the lane would be credited against
the amount the petitioner is responsible for to the City for purposes of the Thoroughfare Plan
compliance. Additionally, by reason of the 541 feet of frontage on Smokey Row, the petitioner's
contribution under the Thoroughfare Plan would amount to $58,530 and the developer is willing to
Commit that money, minus the cost of the lane expansion to the improvement of the intersection of 136'
Street, Old Meridian and US 31.
Gary Duncan's email also noted that the construction of the multi -use path across the frontage in
compliance with the Thoroughfare Plan would be limited to the construction of 24 feet. Since there are
pending improvements to US 31, it would be prudent to have the developer contribute the money equal to
the value to construct the improvements in a non- reverting Thoroughfare Plan Fund.
The third item for discussion is the architectural design modifications made. Initially, a concern was
expressed regarding the multitude of colors and materials being used. The petitioner has eliminated the
white, boxy pillar look and substituted the same materials used predominantly throughout the building
itself. The Department Report addresses a number of site plan issues and Mike DeBoy would explain.
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Mike DeBoy addressed the site plan issues and revisions. There are six comments directed to issues
relating to the site plan. The Engineering staff was waiting for the traffic study in order to complete their
review. Once Engineering received the information, they had revisions as well which reduced the size of
the parking lot by 20 feet and that affected grading and size of the building. Gary Duncan has not yet
completed his review. As part of that, planning Staff wanted the lanes reduced to 23 feet. The plans were
also forwarded to Scott Brewer, Urban Forester, and he had additional comments and modifications
received last Friday. The modifications are not seen as major, but they do affect grading and utility
connections as well as the dumpster location.
In summary, we are waiting for the traffic study, Engineering comment letters were received on January
8 and revisions submitted. Other comments include retaining wall —may affect existing tree roots,
although Scott Brewer agrees it is an acceptable practice in this case; otherwise the 3 to 1 slope would
bury the trees. Revised site plan— comments by Engineering necessitated a lot of changes before
submitting revisions. Mike DeBoy feels that there will be no issue wit the water table, although he has
not done nor seen a geo- technical report. Clay Township has a high water table —this site works very
well for this issue and drains northwest to southeast. Mike DeBoy did not see any issue, providing they
are prudent, however he could not guarantee that.
Regarding the sign, Dave Coots says the sign is green during the day, white at night, and meets the size of
the Sign Ordinance; no variances are required.
Department Report, Christine Holmes. The petitioner is beginning to move forward. The revisions are
under review by the Urban Forester. The Department requests information on the color of the dumpster,
information on mechanical equipment screening. The Department recommends brief discussion and
continuing to the March 04 Committee to allow revisions and additional discussion for items outstanding.
Committee Comments:
Susan Westermeier agreed with the Department's recommendation to continue until revisions can be
made and reviewed. Susan Westermeier asked for clarity on the right turn lane that is to be added.
Dave Coots said the right turn lane would be added to the north side of Smokey Row Road.
Susan Westermeier said she had a huge concern with any development being added to this area that
would add traffic —it is a nightmare for turns headed south onto Smokey Row off Old Meridian. When
are improvements to be made to US 31? And how responsible are they for improvements on Smokey
Row and Old Meridian?
"Woody" Rider thought improvements would be made in 2011. "Woody" was not sure whether the
improvement would be an interchange or overpass?
John Molitor thought probably an interchange because of the hospital at this location
Susan Westermeier said she would like more information at the next meeting and asked the petitioner for
more details showing landscaping, building renderings, building materials, parking, etc.
Rick Ripma asked for the traffic engineer to appear at Committee on March 04 with the petitioner.
Wayne Haney asked if the traffic study was an on -site analysis or results from a previous study
extrapolated for this project.
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Dave Coots referred to a report submitted to the Department that speaks in terms of all counts involving
Pro -Med Drive were conducted in November, 2007; counts collected on 136 Street and Old Meridian
were conducted in 2005 and results projected to 2007 using a 3% per year growth rate.
Susan Westermeier made formal motion to continue Docket No. 07030035 DP, Pro-Med Lane
Holiday Inn and Docket No. 07070009 ADLS Holiday Inn at Pro-Med Lane to the March 04
committee meeting, seconded by "Woody" Rider, APPROVED 4-0.
7. Docket No. 07070009 ADLS: Holiday Inn at Pro Med Ln
The applicant seeks architecture/design approval for a proposed full- service hotel. The site is
located at 136 Street and Pro Med Lane, and is zoned B6, within the US 31/Meridian Street
Overlay. Filed by Dave Coots of Coots, Hke Wheeler for Midwest Hospitality Group, Inc.
See Previous Docket Comments
8. Docket No. 07070003 Z: 146th Gray Rezone (146th St Office Complex)
The applicant seeks approval to rezone 11.6 acres from S- 1/Residence to B-1/Business
for an office /retail development. The site is located at the southeast corner of 146 St. and
Gray Rd. Filed by Kelli Lawrence of Hearthview Residential, LLC.
TABLED TO March 04, 2008
9. Docket No. 07070004 PP: 146th St Office Complex
The applicant seeks primary plat approval for 5 lots on 11.6 acres. The site is located at the
southeast corner of 146 St. and Gray Rd. and is zoned S- 1/Residence, pending a B -1/
Business rezone. Filed by Kelli Lawrence of Hearthview Residential, LLC.
TABLED TO March 04, 2008
There was not further business to come before the Committee; the meeting adjourned at 7:15
PM,
Rick Ripma, Chairperson
Ramona Hancock, Secretary
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
a menu board and moving ahead the pick -up window facility would be "phone ahead" and
pick -up only.
Sue Westermeier asked where parking would occur in the event a pizza is not ready and people
need to park for a time.
Dave Gilman said that there are 20 spaces ear marked for the pizza pick -up; cars can pull up and
wait. Again, the petitioner is willing to enter into voluntary, self imposed commitments and will
with the Urban Forester to re- locate whatever landscaping needs to be re- located to
accommodate the drive -thru facility. Eliminating a menu board and making a pick -up window
only requires less stacking.
Sue Westermeier made formal motion to approve Docket No. 08020002 ADLS Amend, Weston
Pointe, Outlot 3 Pizza Hut Express, subject to approval of BZA Docket No. 08020030 V
approval, no menu board, and the petitioner working with the Urban Forester regarding
landscaping, seconded by "Woody" Rider and APPROVED 4 -0.
2. Docket No. 08010013 ADLS Amend: Weston Pointe, Outlot 3 Dumpster Enclosure
The applicant seeks approval to amend the trash dumpster enclosure. The site is located at 11145
N Michigan Rd. and is zoned B-2/Business within the US 421 Overlay. Filed by Dave Gilman of
Williams Realty Group.
OFFICIALLY WITHDRAWN
3. Docket No. 07030035 DP: Pro -Med Lane Holiday Inn
The applicant seeks site plan approval for a full- service hotel. The site is at 136th Street and Pro
Med Lane, and is zoned B-6/Business within the US 31 /Meridian Street Overlay. Filed by Stacey
Fouts of DeBoy Land Development Services, Inc.
4. Docket No. 07070009 ADLS: Holiday Inn at Pro Med Ln
The applicant seeks architecture /design approval for a full- service hotel. The site is at 136
Street and Pro Med Lane, and is zoned B6, within the US 31/Meridian Street Overlay. Filed by
Dave Coots of Coots, Henke Wheeler for Midwest Hospitality Group, Inc.
Note: Items 3 and 4 were heard together.
Dave Coots, attorney appeared before the Committee representing the applicant. Also in attendance:
Mike DeBoy, DeBoy Land Services, and Matt Brown, traffic engineer with A &F Engineering (late
arrival.)
At previous Committee meetings, concern has been expressed regarding the traffic situation at this
particular location. Dave Coots had traffic counts available that were utilized in the original traffic report
and counts from February 27. The traffic counts are consistent with the extrapolated number used from
the 2003 traffic studies that were done because of Old Meridian improvements. From the original report,
questions were raised by Gary Duncan as to whether or not the right turn lane on the north side of 136
Street from Pro -Med Lane to Old Meridian would be a requirement and whether or not the cost of that
would be contributed to the ultimate fix for this location when proposed by INDOT.
a�
S. /PlanCommission /Committees /Special Studies /2008mar04 3
-1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Dave Coots distributed the most current drawing available from INDOT in terms of what is contemplated
at the intersection. It is probably well -known that the City is in negotiation with INDOT or some level of
discussion regarding what they will do at this intersection, whether a round about, a north/south on/off
ramp, it affects this intersection by turning it into a "T" intersection and taking away the conversion of
traffic that exists there presently.
There was also a request from the Committee regarding the elevation depicting the proposed building
with mature landscaping, etc. Mike DeBoy will address this issue. Drawings have been submitted to the
Department and are now being circulated —there is a correction regarding the dumpster shown with a
chain -link gate when in fact it will be a wooden gate. The petitioner has received tentative approval from
Scott Brewer regarding the landscape plan. Gary Duncan's comments have been addressed and copies of
the email forwarded to Committee members.
Mike DeBoy addressed the Committee and said that the petitioner has responded to staff comments from
the last meeting and feels they have successfully addressed them. One of the reasons for the revised
landscape plan was due to changing the location of the dumpster at the request of Scott Brewer, Urban
Forester. As a part of that, Scott Brewer asked for additional landscaping in areas that were initially not
going to be touched, but Scott wanted certain areas cleared out and additional landscaping provided.
Additionally, the drive aisles are now at 24 feet to accommodate the garage and dumpster in that area.
This development has 62% lot coverage, 65% is permitted.
Dave Coots reported that Scott Brewer is satisfied with the landscape proposal and wants to see some of
the existing site conditions and location of the trees that will be preserved.
Matt Brown, A &F Engineering, addressed the Committee and explained the traffic count that was done
previously in 2005— there are an additional 30 plus units in the AM peak hours and 162 in the PM peak
hours. Basically the count was the 2005 count elevated by 3% per year. After the report was submitted,
A &F was asked to go back and do an additional count. There are some movements that are higher, some
that are lower. Previously, the round -about was under construction and the additional counts could not be
done. Overall, none of the recommendations or conclusions in the study change dramatically, and the
levels of service are adjusted only slightly due to delays. Volumes are slightly different in the AM and
PM from the previous study.
Rick Ripma: So, a 10% increase didn't change anything?
Matt Brown: It can, but in this case, it does not. It is not due to road design, but because of the range
where we are and what can physically be done to improve the intersection —it does not matter.
Rick Ripma: In other words, you can't improve the intersection enough that it doesn't matter.
Matt Brown: It improves the intersection, but where we are today with a 10% increase is not enough to
improve it based on where we were before on the baseline.
Sue Westermeier: Baseline being the January study?
Matt Brown: Yes.
Sue Westermeier asked how it is determined —if the numbers had come back 400 or more —at what point
do you ask a number of questions relating to the traffic study —date, time, school traffic, peak hours?
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Matt Brown referred to the levels of service —right now there is an extreme delay on west -bound Pro
Med as you are trying to exit; basically exiting 136 Street and trying to turn left on Smokey Row and
onto Old Meridian—that is the major delaying portion. While the count has increased, it is not to the
position where we would say it warrants a traffic signal. Probably 4 or 5 hours of additional, heavy
traffic and not just peak hour traffic would warrant a traffic signal.
"Woody" Rider bluntly stated that the traffic configuration sucks -they ruined the round -about and turned
it into a "T" at US 31.
Sue Westermeier thought it was sort of useless.
Rick Ripma: The numbers do not have projections for a hotel —where are the numbers that the hotel will
generate? This is a blanket statement, but the Committee needs all up -dated material prior to the next
meeting. —what the Committee has is old material. We need all new informational packets with the
correct materials, all traffic data, and all new "stuff' as if you were initially submitting.
Dave Coots responded that the new stuff is supplementary to the original traffic study and the report
being looked at today has the left turn and right turn movements, etc. Those are the baseline accounts that
were done February 27
Rick Ripma: Nothing else has changed on the hotel site? The parking lot has not changed, nothing else
has changed?
Dave Coots: Yes, there have been up -dates to these drawings and they have been submitted to the Dept.
for informational packets.
Rick Ripma asked about the Holiday Inn signage.
Dave Cots reported that the sign will appear on the north facade and will be white at night, green during
the day.
Department Report, Christine Barton- Holmes: The Department has received most of the information
requested and the dumpster location has been clarified. The off -site drainage and flood plain issue is still
under review. The Urban Forester has given tentative approval of the landscape plan. The Department is
requesting accurate counts for the traffic study. The signage is day /night plex; the percentage of lot
coverage is down. The Department is recommending this item be moved to the April first Committee
meeting.
Dave Coots commented that in terms of Engineering components, one issue was just resolved in an email
from Gary Duncan last week. The overall Pro -Med drainage plan has been addressed; the system does
permit additional drainage from this site and will not overload the system. The drainage plan has been
submitted to Gary Duncan and the petitioner is awaiting final approval. Gary Duncan suggested putting
$68,000 in a fund to be utilized later in view of the proposed improvements to UJS 31 intersection. The
petitioner will either build a lane or pay into a fund until INDOT decides what they are going to do.
Woody Rider was in favor of putting money in the fund.
Christine Barton- Holmes stated that the Department is not yet comfortable with this proposal and would
like to see traffic counts from the townhomes. The Department will work with Engineering for counts.
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Susan Westermeier said she would like to hear from Engineering and the Department that there will be no
traffic problems.
Pursuant to the Committee's request, Dave Coots agreed to submit a consolidation of the current
submission to the Committee in advance of the April first meeting.
Rick Ripma suggested that if the petitioner does not get the materials to the Department in advance of the
meeting for distribution, the petitioner will voluntarily continue rather than appearing at Committee; Dave
Coots concurred.
Docket No. 07030035 Pro-Med Lane Holiday Inn, and Docket No. 07070009 ADLS, Holiday Inn
at Pro -Med Lane were CONTINUED to the April 1, 2008 Special Studies Committee.
5. Docket No. 07070003 Z: 146th Gray Rezone (146th St Office Complex)
The applicant seeks approval to rezone 11.6 acres from S- 1/Residence to B-1/Business
for an office /retail development. The site is at the southeast corner of 146 St. and Gray Rd.
Filed by KeIli Lawrence of Hearthview Residential, LLC.
6. Docket No. 07070004 PP: 146th St Office Complex
The applicant seeks primary plat approval for 5 lots on 11.6 acres. The site is at the
southeast comer of 146 St. and Gray Rd. and is zoned S- 1/Residence, pending a B -1/
Business rezone. Filed by Kelli Lawrence of Hearthview Residential, LLC.
Joe Scimia, attorney, Baker Daniels, appeared before the Committee representing the applicant. Alsol
in attendance: Kelli Lawrence and Jim Thomas on behalf of Hearthview Residential, LLC.
Kelli Lawrence gave a brief history and synopsis of this Docket a proposed office complex on 11.6
acres at 146 Street and Gray Road.
Steve Stromquist, former chairperson of the Special Studies Committee joined the meeting in progress.
As a previous member of the Special Studies Committee, Steve monitored several meetings with the
petitioner and the neighborhood.
Some changes have been made in the site plan to create more residentially scaled buildings. A masonry
fence /screen wall has been added for the benefit of the neighbors to the south. The entrances are
mandated by the County and Engineering. The Bank has been oriented off 146 Street. At the latest
meeting with the neighborhood, creating a berm to the south and moving the buildings was suggested,
thereby using the northwest portion of the site for the major portion of the development—this did not
work efficiently. Actually, the buildings will serve as a better buffer than a berm.
Joe Scimia said that the petitioner has tried to accommodate the neighbors, but some things cannot be
done because of the difficult site. The Commitments regarding the rezone refer to the number of lots on
the site-8—together with Block A-4 /2 acres will remain undeveloped in addition to the drainage
facility. The petitioner has also agreed to no more than 8,000 square feet of gross floor area. No
individual building would have more than 15,000 square feet; all buildings will be one -story. B -1 allows
neighborhood retail —the petitioner has agreed to eliminate all retail uses and will provide a list of
excluded uses.
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rsr �r x4� C ity ofCarme
ri Maa i� fR
CARMEL PLAN COMIVIISSION
SPECIAL STUDIES COMMITTEE
TUESDAY, APRIL 1, 2008
Memorandum of Meeting
Members in attendance: Wayne Haney, Kevin "Woody" Rider, Rick Ripma, Susan
Westermeier.
DOCS Staff in attendance: Rachel Boone, Christine Barton- Holmes. Also in attendance: John
Molitor, Counsel.
The Special Studies Committee considered the following items:
1. Docket No. 08020004 ADLS Amend: Clarion Health/Velocity Sports Signage
The applicant seeks approval for 1 new ground sign. The site is located at 1402 Chase Ct. It is
zoned M- 3/Manufacturing. Filed by Charlie Frankenberger of Nelson and Frankenberger.
Present for Petitioner: Jim Shinaver, attorney, Nelson and Frankenberger, and Molly Paul,
Velocity Sports.
Motion for approval as presented: "Woody" Rider, seconded by Wayne Haney, approved 4 -0
Disposition: Approved as presented 4 -0
2. Docket No. 08020005 ADLS Amend: Penn Medical Plaza (REI Medical Office Building)
The applicant seeks approval for 8 new signs. The site is at 11900 N. Pennsylvania St. It is zoned
B-6/Business within the US 31 Overlay. Filed by Charlie Frankenberger of Nelson and
Frankenberger.
Present for Petitioner: Jim Shinaver, attorney, Nelson and Frankenberger. Also present: Bob
Whitaker, managing member; Cindy Ewing, Sign Company.
Motion for approval as presented: Sue Westermeier, seconded by "Woody" Rider, approved 4 -0
Disposition: Approved 4 -0
3. Docket No. 08030006 ADLS Amend: AT &T Signage
The applicant seeks approval for 1 new wall sign. The site is located at 210 3 Ave. SW. It is
zoned C -2 /Old Town District. Filed by Ron Moenter of Moenter Sign Co.
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Present for Petitioner: Ron Moenter, Moenter Sign Co.
Motion for approval as presented: "Woody" Rider, seconded by Wayne Haney, approved 4 -0
Disposition: Approved 4 -0
4. Docket No. 08030017 ADLS Amend: The Corner Signage
The applicant seeks approval for 2 new multi -tenant ground signs. The site is located at 11588
Westfield Blvd. It is zoned B-3/Business within the Carmel Dr. Range line Rd Overlay.
Filed by Paul Reis of Bose McKinney Evans LLP for Corner Associates, LP.
Present for Petitioner: Paul Reis, attorney, Bose McKinney Evans, representing Kite Realty
Group.
Motion for approval as presented: Susan Westermeier, seconded by "Woody" Rider, approved
4 -0.
Disposition: Approved 4 -0
5. Docket No. 07030035 DP: Pro -Med Lane Holiday Inn
The applicant seeks site plan approval for a full- service hotel. The site is at 136th Street and Pro-
Med Lane, and is zoned B-6/Business within the US 31/Meridian Street Overlay. Filed by Stacey
Fouts of DeBoy Land Development Services, Inc.
6. Docket No. 07070009 ADLS: Holiday Inn at Pro Med Ln
The applicant seeks architecture /design approval for a full- service hotel. The site is at 136`
Street and Pro Med Lane, and is zoned B6, within the US 31/Meridian Street Overlay. Filed by
Dave Coots of Coots, Henke Wheeler for Midwest Hospitality Group, Inc.
Present for Petitioner: Dave Coots, attorney, Coots, Henke Wheeler. Also present: Mike
DeBoy, DeBoy Land Development.
Motion to forward: Sue Westermeier to full Commission with "No Recommendation" vote,
seconded by "Woody" Rider, approved 4 -0
Disposition: Forwarded to April 15, 2008 Plan Commission with "No Recommendation" vote.
7. Docket No. 07070003 Z: 146th Gray Rezone (146th St Office Complex)
The applicant seeks approval to rezone 11.6 acres from S- 1/Residence to B-1/Business
for an office /retail development. The site is at the southeast comer of 146 St. and Gray Rd.
Filed by Kelli Lawrence of Hearthview Residential, LLC.
8. Docket No. 07070004 PP: 146th St Office Complex
The applicant seeks primary plat approval for 5 lots on 11.6 acres. The site is at the southeast
corner of 146 St. and Gray Rd. and is zoned S- 1/Residence, pending a B -1/ Business rezone.
Filed by Kelli Lawrence of Hearthview Residential, LLC.
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Present for Petitioner: Kelli Lawrence, Hearthview Residential.
Neighborhood Members present: Cesare Turrin, president, Woodfield HOA; Steve Dauby,
resident of Woodfield, two additional neighbors— ladies unnamed.
Also in attendance: Steve Stromquist, Plan C ommission Member, former Chairperson of
Special Studies Committee.
Motion: "Woody" Rider to forward Docket No. 07070003 Z, 146 Gray Rezone and Docket
No. 07070004 PP, 146 Street Office Complex to the Plan Commission on April 15, 2008 with
changes as follows: the fence will run from the southeast building, all the way around the dry
pond to 146 Street; the fence will have a wrought- iron -look finish; the tree plantings will start
at 10 feet height with a minimum of 5 feet; seconded by Susan Westermeier, approved 4 -0.
Disposition: Forwarded to April 15, 2008 Plan Commission with a positive recommendation
and conditions as stated.
9. Docket No. 08010011 DP /ADLS: Old Meridian Plaza (RA Franke Subdivision, lot #8A)
The applicant seeks site plan and design approval for a 4 -story office/retail building. The site is
located at 12863 Old Meridian St. and is zoned OM/MU- Old Meridian, Mixed Use.
Filed by Ersal Ozdemir of Keystone Group, LLC.
Present for Petitioner: Charlie Frankenberger, attorney. Also in attendance: Ersal Ozdemir, Keystone
Group, and other members of the development team along with Dr. Mullens and Dr. Zugelder,
veterinarians who will be the anchor tenant.
Motion: "Woody" Rider to forward to full Commission on April 15 with a positive
recommendation, seconded by Wayne Haney, approved 4 -0
Disposition: Forwarded to Plan Commission on April 15, 2008.
Adjourned at 8:15 PM.
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CITY OF CARMEL ZONING ORDINANCE
tatiommet
CARMEL CITY CODE
CHAPTER 10: ZONING SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE.
CHAPTER 17: B -6 /BUSINESS DISTRICT
17.00 B -6 /Business District.
17.01 Permitted Uses.
17.02 Special Uses Special Exceptions.
17.03 Accessory Buildings and Uses.
17.04 Height and Area Requirements.
17.05 Parking and Loading Berth Requirements.
17.06 Landscaping Requirements.
17.00 B 6 /Business District.'
17.00.01 Purpose and Intent.
The purpose of this district is to provide a location for Light commercial and office uses adjacent
to limited access highways. The intent is to permit these uses to develop in an area of high
commercial potential utilizing access roads and existing secondary streets and roads and buffering
surrounding residential uses.
17.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the B -6 District prior to the issuance
of an Improvement Location Permit by the Department. See Section 24.02:
Development Plan.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the B -6 District prior to the
issuance of an Improvement Location Permit by the Department. Once approved by the
Commission the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS) shall not be materially or substantially changed or altered without the prior
approval of the Commission.
17.00.03 Minimum Tract Requirements.
No parcel of ground located within the B -6 Business District shall be permitted to develop
dependent upon a limited access highway for road access. All road access shall come from an
existing secondary street specifically constructed for that purpose. No more than twenty -five
percent (25 of the gross acreage contained in the B -6 district shall be developed until the
district is served by all utilities (public water supply, sanitary sewers and storm sewers).
17.00.99Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
Section 17.00 amended per Ordinance No. Z- 369 -02, §ab -ac; Z- 453 -04, §ap -aq.
Chapter 17: B -6 /Business District
17 -1
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z-453-04
2004 v1`
Q
CITY OF CARMEL ZONING ORDINANCE
B. Architectural Design. Exterior Lighting, Landscaping and Sianaae (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
17.01 Permitted Uses:'
See Appendix A: Schedule of Uses.
17.01.01 Minimum Area Requirements:
Use Minimum Area
(Acres)
Stadium or coliseum Five (5)
17.01.020ther Requirements:
Use Other requirements:
Hospital Must be developed using
sanitary sewers
Hotel, motel Must be developed using
sanitary sewers
17.02 Special Uses Special Exceptions:
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses Special Exceptions for additional regulations.
17.02.01 Minimum Area Requirements:
Use Minimum Area
(Acres)
Day nursery One (1)
Plant nursery Ten (10)
17.02.02Other Requirements:
Use Other requirements:
Roadside sales stand Permit issued for a temporary
use six (6) months per
year maximum
17.03 Accessory Buildings and Uses.' See also Section 25.01.
17.04 Height and Area Requirements. (See Chapter 26: Additional Height, Yard, Lot Area
Regulations for additional requirements.)
17.04.01 Maximum Height: One hundred (100) feet.
2 Section 17.01 amended per Ordinance No. Z- 415 -03, §al.
3 Section 17.02 amended per Ordinance No. Z- 365 -01; Z- 415 -03, Cam; Z- 453 -04, car.
Section 17.03 amended per Ordinance No. Z- 369 -02, §ad.
Chapter 17: B -6 /Business District
17 -2
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer2004 v1
CITY OF CARMEL ZONING ORDINANCE
17.04.02Minimum Front Yard: Sixty (60) feet.
17.04.03Minimum Side Yard:
1. All residential uses: Thirty (30) feet;
2. All other uses: Sixty (60) feet.
I7.04.04Minimum A of Side Yard:
1. All residential uses: Sixty (60) feet;
2. All other uses: One hundred twenty (120) feet.
17.04.05Minimum Rear Yard:
1. All residential uses: Thirty (30) feet;
2. All other uses: Sixty (60) feet.
17.04.06Minimum Lot Width:
1. Single- family dwelling: Eighty (80) feet;
2. All other uses: One hundred (100) feet.
17.04.07Minimum Lot Size: All lots shall contain a minimum of ten thousand (10,000) square feet per
single- or two- family dwelling and for all business uses when serviced by community water
system and a community sanitary sewer system. A lot for a multiple family dwelling shall contain
a minimum of five thousand (5,000) square feet per dwelling unit when serviced by a community
water system and a community sewer system. Twenty-five thousand (25,000) square feet shall be
added to the minimum lot size if a community sanitary sewer system does not service the lot and
eight thousand, five hundred sixty (8,560) square feet shall be added if a community water system
does not service the lot. Five thousand (5,000) square feet may be deducted from the minimum
lot size add -ons for private water and sewer systems if an adequate drainage system, such as
through the use of perimeter tile drains, increased pad elevations, and a storm sewer system with
an adequate drainage outlet, is used to alleviate surface and ground water problems.
17.04.08 Minimum Ground Floor Area:
1. Single- family dwelling: One thousand (1,000) square feet;
2. Two- and Multiple family dwelling: Eight hundred (800) square feet per dwelling unit;
3. All other uses: Nine hundred (900) square feet.
17.04.09Maximum Lot Coverage:
1. Single- and Two family dwelling: Thirty -five percent (35 of lot;
2. Multiple family dwelling: Forty percent (40 of lot;
3. All other uses: Seventy-five percent (75 of lot.
17.05 Parking and Loading Berth Requirements. (See Chapter 27: Additional Parking Loading
Requirements for additional requirements.)
17.05.01 All business uses, except office buildings:
1. 3,000 15,000 square feet gross floor area: One (1) berth.
2. 15,001 40,000 square feet gross floor area: Two (2) berths.
3. Each 25,000 additional square feet: One (1) additional berth.
Chapter 17: B -6 /Business District
17 -3
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CITY OF CARMEL ZONING ORDINANCE
17.05.02Office buildings:
1. 100,000 or less square feet gross floor area: One (1) berth.
2. 100,001 300,000 square feet gross floor area: Two (2) berths.
3. Each 200,000 additional square feet: One (1) additional berth.
17.06 Landscaping Requirements.
Where a lot or parcel of ground used for business purposes in the B -6 District abuts, or adjoins across a
street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential
purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be provided along the
abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at
the time of construction of, or conversion to, a business activity and shall be maintained in order to provide
effective screening at all times during the year. The shrubbery may be planted informally or in rows and
shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth
from abutting or adjoining residential properties. Vision clearance on corner lots and at the intersections of
streets and driveways shall be observed and maintained. No accessory buildings or uses may be erected or
pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or
protective items, other landscaping items and signage as permitted by the Carmel -Clay Township Sign
Ordinance. Multiple family residential development within a B -6 District shall also be subject to the
protection afforded by the landscaping requirements established herein.
Chapter 17: B -6 /Business District
17 -4
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 17: B -6 /BUSINESS DISTRICT
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z- 365 -01 76 -Ola OA November 5, 2001 November 27, 2001 17.02
Z- 369 -02 160 -01 OA April 1, 2002 April 1, 2002 17.00.02; 17.00.03;
17.03
Spring 2002 v2
Z 415 03 39 02 OA November 17, 2003 November 18, 2003 17.01; 17.02
Autumn 2003 v
Z 453 04 150 02 OA August 16, 2004 August 16, 2004 17.00.02; 17.00.99;
17.02
Summer 2004 vl
Chapter 17: B -6 /Business District
17 -5
as amended per Z- 365 -01; Z- 369 -02; Z- 415 -03; Z- 453 -04
Summer 2004 v 1
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL /CLAY ZONING ORDINANCE
CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE
23B.00 U.S. Highway 31 Corridor Overlay Zone.
23B.01 District Boundaries.
23B.02 Commission Review.
23B.03 Permitted Uses.
23B.04 Special Uses.
23B.05 UNTITLED.
23B.06 Accessory Buildings and Uses.
23B.07 Minimum Tract Size.
23B.08 Height and Yard Requirements.
23B.09 Architectural Design Requirements.
23B.10 Landscaping Requirements.
23B.11 Public Art.
23B.12 Parking Requirements.
23B.13 Lighting Requirements.
23B.14 Bicycle and Pedestrian Access.
23B.15 Access to Individual Tracts.
23B.16 Additional Requirements.
23B.17 Reservation of Land for Pending State Highway Improvements.
23B.00 U.S. Highway 31 Corridor Overlay Zone.'
23B.00.01 Purpose, Intent and Authority.
The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health,
safety, comfort, convenience and general welfare by providing for consistent and coordinated
treatment of the properties bordering U.S. Highway 31 (also known as the Carmel Meridian
Corridor) in Clay Township, Hamilton County, Indiana. The Commission and Council, in
establishing this zone, are relying on IC 36 -7 -4 -600 et seq. and IC 36 -7 -4 -1400 et seq. This
zoning district is, likewise, intended to serve as a tool for implementing the development policies
and guidelines set for the Corridor in the Comprehensive Plan. U.S. Highway 31 is a limited
access highway and an important business corridor to the City of Carmel and Clay Township.
The U.S. Highway 31 Corridor is a premier office location and employment center whose
viability, quality, and character are important to the community as a whole, adjacent residents,
employees, business owners, and taxing districts. Therefore, it is the further purpose of the U.S.
Highway 31 Overlay Zone to preserve the aesthetic qualities of those bordering properties
through:
(1) the promotion of coordinated development in the U.S. Highway 31 Overlay Zone;
Section 23B.00 amended per Ordinance No. Z 453 04, Scv
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -1
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 vi
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CITY OF CARMEL ZONING ORDINANCE
(2) the establishment of high standards for buildings, landscaping, and other improvements
constructed on the properties within the U.S. Highway 31 Overlay Zone which permit
innovative site designs and at the same time encourage efficient land usage; and
(3) the establishment of development requirements which will encourage substantial capital
investments for the development of those properties and promote the quality, scale, and
character of development consistent with the Corridor's existing and planned uses.
23B.00.02 Plan Commission Approval.
A. Development Plan. The Commission shall review the Development Plan (DP) of any
proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor
Overlay Zone prior to the issuance of an Improvement Location Permit by the
Department. See Section 24.02: Development Plan.
B. Architectural Design, Exterior Lighting. Landscaping and Signage. To insure the
compatibility of the proposed use with adjoining areas, the Commission shall review the
Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application
of any proposed use of any Lot or parcel of ground within the U.S. Highway 31 Corridor
Overlay Zone prior to the issuance of an Improvement Location Permit by the
Department. See Section 24.03: Architectural Design, Exterior Lighting, Landscaping
and Signage.
23B.00.99 Application Procedure.
A. Development Plan. See Section 24.99(A): Development Plan.
B. Architectural Design. Exterior Lighting, Landscaping and Signage (ADLS). See Section
24.99(B): Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS).
23B.01 District Boundaries:
The boundaries of the U.S. Highway 31 Overlay Zone are hereby established as follows:
A. Beginning at north right-of-way line of 96 Street and extending to the north right -of -way line of
Interstate Highway 465, the boundary shall follow the centerlines of Spring Mill Road on the west
and College Avenue on the east.
B. Beginning at north right -of -way line of Interstate Highway 465 and extending to the south right
of -way line of 131 Street, the boundary shall follow the centerlines of the proposed or
constructed parallel roads, namely Pennsylvania Street on the east, and Illinois Street (and
Meridian Corners Boulevard) on the west.
C. From the south right -of -way line of 131s Street to the south right -of -way line of 146 Street, or
the southern boundary of any TIF District that is contiguous to 146` Street, the boundary shall,
(unless otherwise shown on the official Zoning Map) include all land that is within six hundred
(600) feet of the right -of -way for U.S. Highway 31.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -2
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 vl
CITY OF CARMEL ZONING ORDINANCE
23B.02 Commission Review:
A. Development Plan. The Commission must approve, approve with conditions, or disapprove the
Development Plan (DP) for any tract of land in the U.S. Highway 31 Overlay Zone.
1. The Commission shall hold a public hearing before it decides whether to approve or
disapprove a DP. However, no DP is required for additions to existing structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure, including exterior
color and materials; doors and windows, other detailing;
c. Meet with requirements of the underlying primary zoning district;
d. Do not exceed twenty percent (20 of the original gross floor area of the
existing structure, applicable from the date of this ordinance, and,
e. Have received a prior ADLS approval from the Commission.
2. The Commission shall review a DP application to determine if the DP satisfies the
development requirements specified in Sections 23B.03 through 23.8.08. The
Commission's review shall include, but not be limited to, the following items:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Surrounding zoning and existing land use;
d. Streets, curbs and gutters, sidewalks, and bicycle paths;
e. Access to public streets;
f. Driveway and curb cut locations in relation to other sites;
g. General vehicular and pedestrian traffic;
h. Vehicle and bicycle parking facilities and internal site circulation;
i. Special and general easements for public or private use;
j. On -site and off -site surface and subsurface storm water drainage including
drainage calculations;
k. On -site and off -site utilities;
I. The means and impact of sanitary sewage disposal and water supply techniques;
m. Dedication of streets and rights -of -way, or reservation of land to be sold to
governmental authorities for future development of streets and rights -of -way;
n. Proposed setbacks, site landscaping and screening, and compatibility with
existing platted residential uses;
o. Project signage;
P. Protective restrictions and /or covenants;
q. Compatibility of proposed project with existing development within the U.S.
Highway 31 Corridor; and,
2 Section 23B.02 amended per Ordinance No. Z- 453 -04, ¢cx -dh.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -3
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 vl
CITY OF CARMEL ZONING ORDINANCE
r. Consistency with the policies for the Overlay Zone which are set forth in the
Comprehensive Plan, including the Thoroughfare Plan.
3. Findings -of -Fact. The Commission shall make written findings concerning each decision
to approve or disapprove a DP. The President of the Commission shall be responsible
for signing the written findings of the Commission.
B. Architectural Design, Exterior Lighting, Landscaping and Signage. Except as provided in
Paragraph (A)(1) above, for all projects in the U.S. Highway 31 Overlay Zone, the Commission
shall review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage
(ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections
23B.09 through 23B.15.
1. ADLS approval shall be necessary prior to:
a. The establishment of any use of land;
b. The issuance of any Improvement Location Permit;
c. The erection, reconstruction or structural alteration of any building(s) in the
U.S. Highway 31 Overlay Zone; or
d. Any changes in any site improvements.
2. An amendment to an ADLS may be reviewed and approved by a committee of the
Commission according to the Rules of Procedure. However, any interested party may
appeal the decision of the committee directly to the Commission.
C. Zoning Waiver. The Commission may, after a public hearing, grant a Plan Commission Waiver
of certain Development Requirements of this Chapter, so noted within. Any approval to permit
such a waiver shall be subject to the following criteria:
(1) The proposal shall be in harmony with the purposes and the land -use standards
contained in this Chapter.
(2) The proposal shall enhance the overall Development Plan, the adjoining streetscapes and
neighborhoods, and the overall U.S. 31 Corridor.
(3) The proposal shall not produce a Site Plan or street /circulation system that would be
impractical or detract from the appearance of the Development Plan and the U.S. 31
Corridor, and shall not adversely affect emergency vehicle access or deprive adjoining
properties of adequate light and air.
(4) The proposal exhibits extraordinary site design characteristics, including, but not limited
to: Increased landscape treatment, tree preservation, public art, provisions for bicycles
and /or mass transit, reduced surface parking coupled with provisions for above or below
ground parking facilities.
In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure
the purposes of this Chapter. This Paragraph does not affect the right of an applicant under Indiana
law to petition the Board for a variance from development standards, as provided in IC 36-7-4
918.5 and this Zoning Ordinance.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -4
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 vl
CITY OF CARMEL ZONING ORDINANCE
23B.03 Permitted Uses:
All uses which are permitted in the underlying primary zoning district(s), except the uses expressly
excluded by Appendix A: Schedule of Uses, are permitted in the U.S. 31 Overlay Zone.
23B.04 Special Uses:
There shall be no Special Uses permitted in the U.S. Highway 31 Overlay Zone.
23B.05
23B.05.01 Excluded Uses: See Appendix A: Schedule of Uses.
23B.05.02 Retail Service Uses:
Retail and service uses may be included in one or more buildings within a DP, subject to the
following:
A. Retail and Service Uses may comprise up to:
(1) Fifteen percent (15 of the Gross Floor Area (GFA) of any building; or,
(2) Up to thirty percent (30 of the GFA of one building may be retail and service
uses, provided that:
(a) Total square footage of retail and service uses designated in the
development plan does not exceed fifteen percent (15 of the GFA of
all buildings combined; or,
(b) Retail and service uses over fifteen percent (15 of the GFA of any
one building be located on the ground floor or below grade.
B. The Commission may grant a waiver to allow retail and service uses to be located on
floors other than ground or below grade, pursuant to the criteria found in Section
23B. 02(G).
23B.05.03 Cultural Entertainment Uses:
Cultural and Entertainment uses may be included in one or more buildings within a DP, subject to
the following:
A. Cultural and Entertainment Uses may comprise up to:
(1) Fifteen percent (15 of the Gross Floor Area (GFA) of any building; or,
(2) Up to thirty percent (30 of the GFA of one building may be Cultural and
Entertainment Uses, provided that:
(a) Total square footage of Cultural and Entertainment Uses designated in
the development plan does not exceed fifteen percent (15 of the
GFA of all buildings combined; or,
(b) Cultural and entertainment Uses over fifteen percent (15 of the GFA
of any one building be located on the ground floor or below grade.
3 Section 238.03 amended per Ordinance No. Z- 382 -02, §b; Z- 415 -03, §bu.
a Section 23B.04 amended per Ordinance No. Z- 415 -03, §bv.
5 Section 23B.05 amended per Ordinance No. Z- 415 -03, §bw-bx; Z- 512 -07.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -5
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 v 1
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CITY OF CARMEL ZONING ORDINANCE
B. The Commission may grant a waiver to allow cultural and entertainment uses to be
located on floors other than ground or below grade, pursuant to the criteria found in
Section 23B.02(G).
23B.06 Accessory Buildings and Uses:
All Accessory Buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any attached or detached Accessory Building in any DP /ADLS shall have on all
sides the same building proportions, architectural features, construction materials, and in general be
architecturally compatible with the Principal Building(s) with which it is associated.
23B.07 Minimum Tract Size:
A. Except as provided in Paragraph C, below, the minimum area covered by a DP within the U.S.
Highway 31 Overlay Zone must be 217,800 square feet (5 acres).
B. If a Parent Tract (Tract) is located both inside and outside of the U.S. Highway 31 Overlay Zone,
a DP shall be submitted to the Commission for the entire tract. Wherever there exists a conflict
between the requirements of the underlying zoning and those of the U.S. 31 Overlay Zone, the
requirements for the U.S. 3 Overlay Zone shall prevail.
C. If a parcel of land or subdivision lot was recorded prior to April 21, 1980 (the "Effective Date
and said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or
lot "Undersized Lot may be used for any use permitted in the U.S. 31 Overlay Zone provided
that:
(1) At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized
Lot met the requirements for minimum lot size then in effect for a lot in the underlying
primary zoning district(s);
(2) The owner of the Undersized Lot must include any adjoining vacant land (not separated
by a street or public way) owned or owned by an affiliate on or before the Effective Date
or at the time of application which, if combined with the Undersized Lot would create a
parcel which conforms, or more closely conforms, to the requirements of this Paragraph;
and,
(3) All other requirements applicable to the U.S. 31 Overlay Zone can be met.
D. Section 23B.07 does not preclude the sale or other transfer of any parcel of land within a Parent
Tract after the approval of a Development Plan (DP) for the entire tract. However, the
development of the parcel must still conform to the DP for the Parent Tract as approved or
amended by the Commission, and all other applicable requirements contained in the Zoning
Ordinance.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -6
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 51I -07; Z- 512 -07
Autumn 2007 v 1
CITY OF CARMEL ZONING ORDINANCE
23B.08 Height and Yard Requirements.'
The purpose of this Section is to provide site design requirements that align buildings along the edges of a
parcel, towards the public right -of -way of the U.S. 31 Corridor, and, where applicable, the 1 -465,
Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors. It
is the intent of these regulations to orient new buildings with their longest axis parallel to the adjoining
highway or street to create a sense of enclosure along the streets, with parking located to the rear, and, if
necessary, to the side of a building.
23B.08.01 Build -To Lines:
A. Except as allowed in Paragraph B below, all Principal Buildings shall be located on the
U.S. 31 Corridor Build -to Line, defined in Paragraph C below.
B. For Development Plans on Through Lots with two or more Principal Buildings
(buildings), up to one -half /z) of the buildings may be placed on the Pennsylvania Street,
Pennsylvania Parkway, Meridian Corners Boulevard, and 'Illinois Corridor Build -to -line
instead of the U.S. 31 Build -to Line.
C. Dimensional requirements for Build -to -lines shall be measured from the highway or
street Right -of -way line:
(1) U.S. 31 Corridor and 1 -465: Ninety (90) feet
(2) Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and
Illinois Corridors: Twenty (20) feet.
D. Principal Buildings that are also located adjacent to any arterial or parkway (e.g. 96
Street or 116` Street) shall be sited consistent with the Building Setback Line of the
underlying zoning.
23B.08.02 Minimum Side and Rear Yards:
A. Adjacent to any residential use or zone: Forty-five (45) feet.
B. Adjacent to business use or business zone: Fifteen (15) feet.
23B.08.03 Building Height: As specified in the underlying primary zoning district(s), except as
follows:
A. Minimum Building Heights:
1. All uses along U.S. 31 and 1 -465: Thirty-eight (38) feet and three (3)
occupiable floors.
2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners
Boulevard, and Illinois Street Corridors, or adjoining arterial /parkway: Twenty
six (26) feet and two (2) occupiable floors.
B. Maximum Building Heights: As specified in the underlying primary zoning district(s),
except as follows:
(1) B -5 District Between I -465 and 131s` Street: Eighty (80) feet, except that the
maximum height may not exceed forty percent (40 of the distance from any
residential use or zone.
6 Section 238.08 amended per Ordinance No. Z- 382 -02, §c -f Z- 453 -04, §di -df.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -7
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
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CITY OF CARMEL ZONING ORDINANCE
(2) B -6 District All uses, between I -465 and 131 Street: One hundred fifty (150)
feet, except that the maximum height may not exceed forty percent (40 of the
distance from any residential use or zone.
(3) Maximum height for all buildings along Pennsylvania Street, Pennsylvania
Parkway, Meridian Corners Boulevard, and Illinois Street frontages: Fifty -five
(55) feet.
23B.08.04 Minimum Parcel Width:
For all uses, the parcel width shall equal or exceed that amount which is one -half ('/z) the depth of
the parcel. However, if a parcel of land or subdivision lot was recorded prior to April 21, 1980
(the "Effective Date and said parcel or lot does not contain the minimum width required by this
Paragraph, said parcel or lot "Undersized Lot may be used for any use permitted in the U.S. 31
Overlay Zone provided that:
A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized
Lot met the requirements for minimum lot width then in effect for a lot in the underlying
primary zoning district(s);
B. The owner of the Undersized Lot must include, up to the minimum parcel width, any
adjoining vacant land (not separated by a street or public way) owned, or owned by an
affiliate, on or before the Effective Date or at the time of application which, if combined
with the Undersized Lot, would create a parcel which conforms, or more closely
conforms, to the minimum parcel width requirements of this Paragraph, and
C. All other Development Requirements applicable to the U.S. 31 Overlay Zone can be met.
23B.08.05 Minimum Gross Floor Area:
A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross
floor area, excluding the floor area of any basement or any accessory building(s).
Accessory Buildings permitted need not meet this minimum floor area requirement. The
intent of this minimum gross floor area requirement is to preclude small, freestanding
buildings and uses not in character with the Corridor.
B. Distribution of Gross Floor Area.
1. All uses along U.S. 31 and I -465:
a. Maximum First floor GFA: Forty percent (40
b. Maximum Second floor GFA: Thirty-five percent (35
2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners
Boulevard, and Illinois Street Corridors, or adjoining arterial /parkway:
a. Maximum First floor GFA: Sixty percent (60
23B.08.06 Maximum Parcel Coverage and Density:
A. Maximum Parcel Coverage shall be sixty -five percent (65 of any parcel covered by a
DP.
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.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -8
as adopted per Z -340; as amended per Z-365-0I; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z -511 -07; Z- 512 -07
Autumn 2007 vl
CITY OF CARMEL ZONING ORDINANCE
s
23B.08.07 Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 2313,08, by not greater than thirty -five percent (35 consistent with
requirements set forth in Section 23B.02(G).
23B.09 Architectural Design Requirements.'
In reviewing the architectural design of building(s) proposed to be built in the U.S. Highway 31 Overlay
Zone, factors to be considered by the Commission shall include but not be limited to the following:
A. Context: All buildings shall be designed with respect to the general character of the U.S. 31
Corridor and, particularly, with due consideration to buildings located on lots that abut the project
site.
B. 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, and
ornamental metal. Large expanses of glass are allowed, up to seventy percent (70 of the facade
area. The building may not be constructed entirely of a metal and glass curtain wall. Concrete
block is not allowed as an exterior finish material.
C. Footprint: All buildings shall be designed with a minimum of eight external corners, in order to
eliminate box buildings.
D. Roof: Modulation of the roof and /or roof line will be required in order to eliminate box- shaped
buildings. Parapets must be fully integrated into the architectural design of the building and
provide seamless design transitions, including exterior materials, between the main building mass,
mechanical penthouses and other roof structures. Should they be used, partial parapets shall have
a return that extends inward to at least the first structural bay, or twenty -five (25) feet, whichever
is greater.
Sloped roofs shall not exceed 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.
E. Exhibits. The following architectural exhibits shall be provided to the Commission in addition to
normal submission requirement of any DP or ADLS application, as required by Chapter 24:
(1) A Site Plan showing the proposed building and neighboring buildings, including
buildings across U.S. 31.
(2) Perspective computer- enhanced color renderings showing the proposed building,
signage, parking areas (shown loaded) and any displays within the context of the actual
existing site conditions, including how it will look from any adjoining residential areas,
as well from as three locations, whose distance is no less than three hundred (300) linear
feet away nor more than one thousand (1000) linear feet away (from the property line),
along U.S. 31:
(a) U.S. 31 Southbound lane
(b) Immediately across the highway, from approximately first floor level
(c) U.S. 31 Northbound lane
Section 23B.09 amended per Ordinance No. Z- 511 -07.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -9
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 vl
CITY OF CARMEL ZONING ORDINANCE
F. Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.09 by not greater than thirty -five percent (35 consistent with
requirements set forth in Section 23B.02(G).
23B.10 Landscaping Requirements.'
23B.10.01 Landscape Plan:
A Landscape 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 shall:
A. Be drawn to scale, including dimensions and distances;
B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for
handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar
structures;
C. Delineate the location, size and description of all plant 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 /coordinated part of the Landscape Plan for
the entire lot.
23B.10.02 Landscape Area Requirements:
A. Greenbelt:
(1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in
width and landscaped per the requirements of Section 23B.10.03(B).
(2) The Greenbelt shall be unoccupied except for plant material, steps, walks,
terraces, bike paths, lighting standards, signs, and other similar structures
(excluding a private parking area). Mounding and other innovative treatments
are to be encouraged in this area.
(3) A base planting unit for each one hundred (100) linear foot increment of the
Greenbelt has been designated, as follows:
(a) Five (5) shade trees;
(b) Three (3) ornamental trees;
(c) Fifteen (15) shrubs or, three (3) evergreen trees;
B. Planting Strip:
(1) A planting strip, minimum width shall be ten (10) feet, shall be provided
adjacent to any Collector or Arterial Street, or Parkway right -of -way within the
U.S. 31 Overlay Zone.
(2) Adjacent to an Entry Drive: Minimum width ten (10) feet.
(3) Adjacent to any parking area: Minimum width as follows:
(a) five feet (5') wide when adjacent to business zoned property.
8 Section 23B.10 amended per Ordinance No. Z- 365 -01.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -10
as adopted per Z -340: as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04: Z- 511 -07; Z- 512 -07
Autumn 2007 vl
CITY OF CARMEL ZONING ORDINANCE
(b) fifteen feet (15') wide when adjacent to residential use or zoned
property.
(4) The planting strip shall be unoccupied except for plant material, steps, terraces,
driveway and pathway crossings, lighting standards, signs, benches, and other
similar structures.
(5) The base planting unit for planting strips shall be as follows:
(a) Adjacent to Parallel Collector /Arterial Roadways:
For each one hundred (100) linear foot increment:
(i) Three (3) shade trees
(ii) Two (2) ornamental trees
(iii) Ten (10) shrubs
(b) Adjacent to entry drives: Same planting unit standards as for Parallel
Collector /Arterial Roadways, above.
(c) Adjacent to parking areas: per Section 26.04: Perimeter Buffering.
C. Planting Adjacent to Buildings:
(1) A planting area equal to an area measuring twenty -five (25) 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 along building fa9ades that face U.S. 31.
(2) A planting area equal to an area ten (10) feet in depth by the sides of
the building shall be installedon 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 planting area on any side of the building(s).
(4) If an approach driveway or sidewalk cuts into a planting area, the area displaced
by the driveway or sidewalk 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:
A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking
lot for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of
parking. -See Section 23B.10.03(B) for minimum planting area requirements.
E. Side/Rear Yard Landscaping: Planting unit shall occur per Paragraph F below.
F. Greenbelt Buffers shall be established within required side and rear yards pursuant to
Section 26.04: Perimeter Buffering.
G. Total Landscaping Required:
Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers,
and the planting within parking Tots, a minimum of fifteen percent (15 of the project
area shall be landscaped.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B-1 1
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04 Z- 511 -07; Z- 512 -07
Autumn 2007 vl
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CITY OF CARMEL ZONING ORDINANCE
23B.10.03 Landscaping Installation and Maintenance.
A. Materials: All plants proposed to be used in accordance with any landscaping plan shall
meet the following specifications:
(1) Shade trees: two and one -half inch (21/2") caliper, a minimum height of eight (8)
feet, and a branching height of not less than one -third (1/3) nor more than one
half of tree height.
(2) Ornamental trees: one and one -half inch (11/4") caliper a minimum height of six
(6) feet, and a branching height of not less than one -third (1/3) nor more than
one -half ('4) of tree height.
(3) Evergreen trees: A minimum height of eight (8) feet.
(4) Deciduous shrubs: A minimum height of twenty -four (24) inches, and no less
than six (6) main branches upon planting.
(5) Evergreen shrubs: A minimum height and spread of twenty -four (24) inches.
B. The dimensions, specifications and design of any planting area or planting median shall
be as follows:
(1) Shade Trees: nine (9) feet wide
(2) Ornamental Trees: seven (7) feet wide
(3) Shrubs (only): five (5) feet wide
C. Landscaping materials selected shall be appropriate to local growing and climate
conditions.
D. 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 not yet installed, prior to the
issuance of the Final Certificate of Occupancy.
E. Maintenance: It shall be the responsibility of the owners and their agents to insure
maintenance of project landscaping approved in accordance with the Overlay Zone
requirements. 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.
F. Changes After Approval: No landscaping which has been approved by the Commission
may later be materially altered, eliminated or sacrificed, without first obtaining further
Commission approval. However, minor alterations in landscaping may be approved by
the Director in order to conform to specific site conditions.
G. Inspection: The Director shall have the authority to visit any tract within the U.S.
Highway 31 Overlay Zone to inspect the landscaping and check it against the approved
plan on file.
23B.10.04 Protection of Existing Trees:
Sites with existing trees or stands of trees should make reasonable efforts to protect and
incorporate them into the overall site design. The Landscape Plan must preserve not less than
seventy percent (70 of all trees that are:
A. nine -inch (9 DBH or larger, and
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -12
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 4I5 -03; Z- 453 -04; Z- 51I -07; Z- 512 -07
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CITY OF CARMEL ZONING ORDINANCE
B. located within the Greenbelt, Planting Strips and perimeter buffering.
23B.10.05 Waivers:
The Plan Commission may grant a waiver to the dimensional and quantitative standards of this
Section 23B.10, by not greater than thirty -five percent (35 consistent with requirements set
forth in Section 23B.02(G).
23B.11 Public Art.
Public art that is included as part of a Development Plan shall be displayed in a location that is visually
accessible to the public and visible from either U.S. Highway 31, Pennsylvania Street, Range Line Road,
or Illinois Street/Meridian Corners Boulevard.
23B.12 Parking Requirements.
A. Except as provided in Paragraph B. there shall be no (0) parking between the U.S. 31 right -of-
way and the front build -to line of the building.
(1) The required number of parking spaces is established in Chapter 27; Additional Parking
Loading Regulations, depending upon the zoning and intended land use.
(2) There shall be an appropriate number of parking spaces reserved for use by handicapped
individuals, per State and Federal requirements.
(3) Direct, articulated pedestrian access shall be provided from the street to the building's
primary entrance.
(4) A bicycle parking area should be provided for each building.
(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. Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B. 12, by not greater than thirty-five percent (35 consistent with
requirements set forth in Section 23B.02(G).
23B.13 Lighting Requirements.
A. A Site Lighting Plan shall be submitted along with any DP or ADLS plan. The Site Lighting Plan
shall include the type, standards. layout. spread 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) architectural and landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of uniform design, color and
materials.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -13
as adopted per Z -340; as amended per Z- 365 -01, Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 v 1
CITY OF CARMEL ZONING ORDINANCE
C. The maximum height of light standards shall not exceed the building height proposed, or twenty
five (25) feet, whichever is less. However, when light standards abut or fall within ninety (90)
feet of a residential use, they shall not exceed fifteen (15) feet.
D. All exterior architectural, display, decorative and sign lighting shall be generated from concealed,
low level light fixtures.
E. The average illumination for site lighting shall be a maximum of three (3) footcandles.
F. All site lighting shall be designed to not exceed 0.3 footcandle at the property line in business or
manufacturing districts, and 0.1 footcandle at the property line of adjoining residential uses.
G. Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards of this Section 23B.13, by not greater than thirty -five percent (35 consistent with
requirements set forth in Section 23B.02(G).
23B.14 Bicycle and Pedestrian Access.
The DP shall include specific provisions for incorporating pedestrian and bicycle access, circulation and
amenities into the development. Such bicycle and pedestrian access considerations shall include linking
pedestrian and bicycle facilities to adjacent development, the overall U.S. 31 Corridor, and, the Carmel
community's overall system of bicycle and pedestrian trails and routes.
23B.15 Access to Individual Tracts.
As U.S. Highway 31 is a limited access highway, and as access to individual tracts along this highway is
either not in existence or not clearly defined in many cases, access roads will need to be built. In order to
preserve the aesthetic benefits provided by the greenbelt, access roads shall be provided at the rear of all
tracts. whenever possible. Access roads to contiguous tracts shall be coordinated so as to form one main
access road serving adjoining developments. These roads should be designed so as to funnel traffic onto
major arterial roads rather than into residential areas and roads that may adjoin or be near this Overlay
Zone. Bicycle and pedestrian access shall likewise be coordinated with vehicular access, greenbelt design
and parking.
23B.16 Other Requirements.'
23B.16.01 Outside Storage of Refuse:
Unenclosed storage of refuse (whether or not in containers) or display of merchandise shall not be
permitted on any project. All refuse shall be contained completely within the Principal Building
or Accessory Building. Any Accessory Building for refuse storage shall be:
A. Designed to include a roof structure; and,
B. Architecturally compatible with the Principal Building.
23B.16.02 Loading and Unloadine Areas:
Loading and Unloading Berths or Bays shall be designed as specified in the underlying primary
zoning district(s), except that any Loading and Unloading Berth or Bay shall not be oriented to
U.S. Highway 31. Loading and Unloading Berths or Bays oriented toward any other public right
9 Section 23B.16 amended per Ordinance No. Z- 365 -01; Z- 51I -07.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -14
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z -511 -07; Z- 512 -07
Autumn 2007 v 1
CITY OF CARMEL ZONING ORDINANCE
of -way, shall be landscaped /screened using masonry wall(s), plant material, or a combination
thereof, subject to Commission approval.
23B.16.03 Additions to Existing Residential:
Uses and Detached Buildings accessory to single- family dwelling units are permitted provided
that the use and /or structure meets the requirements of the underlying primary zoning district.
Additionally, any detached structure:
A. Must be of compatible architectural design with the Principal Building;
B. Must be set back a minimum of thirty (30) feet from the right -of -way line nearest to and
running most parallel with U.S. Highway 31; and be accompanied by the minimum
applicable perimeter buffer per Section 26.04: Perimeter Buffering.
C. Waivers:
The applicant may request a Plan Commission Waiver to the dimensional and
quantitative standards of this Section 23B.16.03, by not greater than thirty -five percent
(35 consistent with requirements set forth in Section 23B.02(G).
23B.16.04 Perimeter Fences. Perimeter Fences shall be permitted for privacy, buffering and
screening purposes and shall be identified on the DP. When used, perimeter fences shall be
constructed of wood and masonry materials, be solid as viewed from any angle and shall be at
least eight feet (8') in height. Primarily cedar fences are permitted; however, twenty -four inch
(24 wide red brick or stone columns shall be incorporated into the fence design at least every
twenty -six feet (26'). Alternatively, metal fencing with landscaping is permitted such that 100%
landscaping screen is achieved within three (3) years. All fences shall be properly maintained and
repaired, as necessary.
23B.17 Reservation of Land for Pending State Highway Improvements
A. In addition to the development requirements specified in Sections 23B.03 through
238.08, a DP must reserve for acquisition by the State of Indiana all land that the State
expects to need for pending improvements to U.S. Highway 31, as shown on plans
developed for the Indiana Department of Transportation by the consulting firm
Bernardin, Lochmueller and Associates for the Major Investment Study (1997), or, as
shown on plans from the Parsons Transportation Group prepared for the Environmental
Impact Study. An applicant must notify in writing the Commissioner of the Indiana
Department of Transportation (INDOT) of any proposed DP that includes land within the
projected right -of -way for those pending improvements.
B. Whenever an applicant believes that the reservation of such land as required by
Paragraph A would result in the loss of all reasonable and beneficial use of or return
from the applicant's property, then the applicant may request an Economic Hardship
Exception from the terms of Paragraph A, pursuant to the Plan Commission's Rules of
Procedure.
10 Section 23B.17 amended per Ordinance No. Z- 453 -04, §dk -dn.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -15
as adopted per Z -340; as amended per Z-365-0I; Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 vl
CITY OF CARMEL ZONING ORDINANCE
C. Upon receipt of a request for an Economic Hardship Exception, the Commission shall
hold a public hearing on such request. The hearing may not be held until at least ninety
(90) days after the applicant has notified the Commissioner of INDOT of the proposed
DP as described above in Paragraph A. In determining whether to grant an Economic
Hardship Exception, the Commission may consider the following criteria:
(1) the applicant's knowledge of the State's plans at the time of acquisition;
(2) the current level of economic return on the property, including the date of
purchase, the purchase price, income from the property, any remaining
mortgage debt, real estate taxes, and recent appraisals of the property;
(3) any recent offers for sale or purchase, including offers to purchase which the
State itself may have made;
(4) the feasibility of profitable alternative uses for the property; and,
(5) whether the State can reasonably be expected to provide just compensation to
the applicant for any taking of the applicant's property within one (1) year from
the date of the Commission's decision.
D. An applicant for an Economic Hardship Exception must prove, by clear and convincing
evidence, both:
(1) that the existing use (if any) of the applicant's property is economically
infeasible; and,
(2) that, if the terms of Paragraph A are applied to the property, the sale, rental, or
rehabilitation of the property will not be possible, resulting in the property not
being capable of earning any reasonable economic return. The Commission's
decision must be in writing and must contain the factual findings that constitute
the basis for its decision, consistent with the criteria in Paragraph C.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -16
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 415 -03; Z- 453 -04• Z- 511 -07, Z- 512 -07
Autumn 2007 v l
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 23B: U.S. HIGHWAY 31 CORRIDOR OVERLAY ZONE
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z -289 6 December 1993
Z -323 3 September 1997
Z -324 15 December 1997
Z -334 7 June 1999
Z -340 1 May 2000
Z- 363 -01 76-01a OA November 5, 2001 November 27, 2001 23B.10.2(B)(5);
23B.10.2(F);
23B.16.3(B)
Z- 382 -02 38 -02 OA July 15, 2002 July 15, 2002 23B.3; 23B.8;
23B.8.1; 23B.8.2;
23B.8.3
Summer 2002 vl
Z- 415 -03 39 -02 OA November 17, 2003 November 18, 2003 23B.03; 23B.04;
23B.05
Autumn 2003 vl
Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 23B.00; 23B.02;
238.08; 23B.17
Summer 2004 vl
Z 511 07 07020020 OA November 19, 2007 November 20, 2007 23B.09; 23B.16
Autumn 2007 vl
Z 512 07 07090002 OA December 17, 2007 December 17, 2007 233.05
Autumn 2007 vl
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B -17
as adopted per Z -340; as amended per Z-365-01, Z- 382 -02; Z- 415 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07
Autumn 2007 vl
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CARMEL PLAN COMMISSION
DEPARTMENT REPORT (AMENDED)
April 15, 2008
5I. Docket No. 07030035 DP: Pro -Med Lane Holiday Inn
The applicant seeks site plan approval for a full- service hotel. The site is at 136th Street
and Pro -Med Lane, and is zoned B -6 /Business within the US 31 /Meridian Street Overlay.
Filed by Stacey Fouts of DeBoy Land Development Services, Inc.
6I. Docket No. 07070009 ADLS: Holiday Inn at Pro Med Ln
The applicant seeks architecture /design approval for a full- service hotel. The site is at
136 Street and Pro Med Lane, and is zoned B6, within the US 31/Meridian Street
Overlay. Filed by Dave Coots of Coots, Henke Wheeler for Midwest Hospitality
Group, Inc.
The applicant seeks approval for the development plan of this site for a 4 -story full- service hotel with a
restaurant and conference space, within. The applicant also seeks architecture /design approval. The site is
2.65 acres. The lot cover percentage is 62% (under the required 65 with pavement and building
footprint included. There will be some pervious pavement and brick pavers to help with water detention
and infiltration. Underground parking is also proposed in order to meet the parking requirement for a
hotel, conference meeting space, and restaurant. Wall signs are on the north and west building facades
facing 136 Street Old Meridian St. There are no variance requests pending before the BZA for this
project; the petitioner meets all of the ordinance requirements. Also, the Comprehensive Plan shows this
area as a medium to low intensity regional- community employment area Please see the petitioner's
information packet for full details.
March 4 Committee meeting brief overview of comments:
1. The petitioner will either build a lane right turn lane on the north side of 136` Street from Pro -Med
Lane to Old Meridian or pay into a fund, until INDOT decides what they are going to do.
2. One of the reasons for the revised landscape plan was due to changing the dumpster location.
3. If the petitioner does not get the up -to -date materials /updated traffic data/new exhibits to the
Department in advance of the meeting for distribution to Committee, the petitioner will table.
4. Off -site drainage and flood plain issue is still under review; the drainage plan has been submitted to
DOE and the petitioner is awaiting final approval.
5. DOCS requests accurate counts for the traffic study and would also like to see traffic counts from
the townhomes to the east. The Committee needs Engineering and DOCS confirmation that there
will be no traffic problems.
April 1 Committee meetine brief overview of comments:
1. Traffic safety is still a concern.
2. The east buffer needs more evergreens.
3. The committee voted 4 -0, to send this item to the full Plan Commission with No Recommendation.
The following are various City Departments' comments /concerns:
1. Department of Engineering (DOE) comments: DOE no longer has any issues with the development
plan and has no issues with the Commission approving the project.
2. The Dept of Engineering is agreeable to the proposed plan to re- stripe the intersection of 136th St.
and Old Meridian St. to create dedicated westbound left and right turns and installation of a gravel
shoulder adjacent to the paved shoulder.
3. The Department of Engineering has reservations with the installation of a median on Old Meridian
Street to eliminate left turning movement at this intersection and does not recommend the
bb EXHIBIT
implementation of this finding of the study. DOE's reservations are based on the impact this change
to the traffic pattern will have on the street network in the area.
4. It is apparent from the traffic study that the intersection of Pro -Med Lane and Smokey Row Road
will operate at an acceptable level of service, even with the increase in traffic due to the
hotel /conference center. The Department of Engineering does not recommend any modifications to
this intersection.
5. The Engineering Dept will try to get the SWPP (storm water pollution prevention) plans approved
prior to the Plan Commission meeting on the 15th. If not, they can still hold approval of the CD's
until any outstanding issues are addressed.
6. Urban Forestry Dept comments: The City Forester still finds discrepancies between the tree
preservation plan and the construction documents.
7. DOCS and DOE have reviewed the updated traffic report, met with the traffic engineer, and agree
that the implementation of the study's road improvement recommendations will indeed help with
traffic congestion at the intersection of Smokey Row Rd Old Meridian Street.
8. The petitioner should provide the Findings of Fact sheet to the Commission, found in the
Development Plan application.
When voting. the Commission must take into account all factors, including whether or not the project:
i. Creates and maintains a desirable, efficient and economical use of and with high functional and
aesthetic value, attractiveness and compatibility of and uses, within the District and with adjacent
uses;
ii. Provides sufficient and well- designed access, parking and loading areas;
iii. Provides traffic control and,street plan integration with existing and planned public streets and
interior access roads;
iv. Provides adequately for sanitation, drainage and public utilities; and
v. Allocates adequate sites for all uses proposed, the design, character, grade, location and
orientation thereof being appropriate for the uses proposed, logically related to existing and
proposed topographical and other conditions, and consistent with the Comprehensive Plan.
Department of Community Services (DOCS) recommends the Commission vote on a positive or
negative motion this evening.
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPER 24: DEVELOPMENT PLAN AND ARCHITECTURAL DESIGN, EXTERIOR LIGHTING,
LANDSCAPING SIGNAGE REGULATIONS
24.00 Development Plan and Arr.hitentnral Din Exterior i,ieitiny 1 andsrapina R Si nacre
Reaulatiom
24.01 Purpose k intent.
24.02 Development Plan.
24.03 Arrhitertural Desi n Fxterinr Tighting I andsraping R Signage.
24.99 Pronedures for Snhmission and Review.
24.00 Development Plan and Architectural I)esi n. Exterior T,Lhtina, Landscaping R
,Signage Re`)ilations.
24.01 Purpose fi Intent.
Development Plan (DP) and /or Architectural Design, Exterior Lighting, Landscaping Signage (ADLS)
approval by the Commission shall be necessary prior to the establishment of any Use or Building, so cited
by the district regulations herein, or the issuance of an Improvement Location Permit for said Use or
Building. Development Plan and /or Architectural Design, Exterior Lighting, Landscaping Signage
applications shall generally be considered favorably by the Commission.
24.02 Development Plan.
A. Development Re.rluirementc.
14 0 5 The Commission shall review a Development Plan application to determine if the Development
q Plan satisfies the development requirements specified herein and in the applicable zoning district.
1 The Commission's review shall include but not be limited to the following items:
1. Compatibility of the development with surrounding land uses.
a. Consistency with the policies for the district as set forth in the Comprehensive
Plan;
b. Surrounding zoning and existing land use;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development within the district.
2. Availability and coordination of:
a. The means and impact of water supply techniques;
b. The means and impact of sanitary sewers;
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
24 -1
as amended per Z- 365 -01; Z- 453 -04 EXHIBIT
Summer 2004 v 1
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c. On -site and off -site surface and subsurface storm water drainage including
drainage calculations; and
d. Other on -site and off -site utilities.
3. Management of traffic in a manner that creates conditions favorable to health, safety,
convenience, and the harmonious development of the community such that:
a. The design and location of proposed street and highway access points minimize
safety hazards and congestion;
b. The capacity of adjacent streets and highways is sufficient to safely and
efficiently accept traffic that will be generated by the new development; and
c. The entrances, streets, and internal traffic circulation facilities in the
Development Plan are compatible with existing and planned streets and adjacent
developments.
4. Building setback lines.
5. Building coverage.
6. Building separation.
7. Vehicle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare
Plan;
b. Dedication of streets and rights -of -way, and /or reservation of land to be sold to
governmental authorities for future development of streets and rights -of -way.
In developments that adjoin or include existing streets that do not conform to
the minimum right -of -way dimensions as established by the Thoroughfare Plan,
the developer shall dedicate additional width along either one or both sides or
such streets of inadequate width so as to bring them up to standards, provided
the area to be used for widening is owned by the subdivider or under his control;
c. Location and character of streets;
d. Access to public streets;
e. Driveway and curb cut locations in relation to other sites;
f. Location and character of curbs and gutters;
g. General vehicular traffic;
h. Location and character of vehicle parking facilities;
i. Vehicular internal site circulation;
8. Pedestrian and bicycle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare
Plan;
b. Location and character of sidewalks, pedestrian trails, and bicycle paths;
c. Access to public sidewalks and multi -use paths;
d. General pedestrian and bicycle traffic;
e. Location and character of bicycle parking and storage facilities;
f. Pedestrian and bicycle internal site circulation.
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9. Site landscaping and screening.
10. Height, scale, materials, and style of improvements.
11. Project signage.
12. Recreation space.
13. Exterior lighting.
14. Other requirements considered appropriate by the legislative body:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Special and general easements for public or private use;
d. Protective restrictions and /or covenants.
B. Plan Dornmentation Siipporti i Information.
1. The location and character of the following:
a. Existing and proposed principal structures and accessory structures.
i. Exterior Elevations Renderings F.tr. Exterior elevations, renderings
depicting the exterior materials to be used, and a list of exterior
materials relating to all buildings and other structures proposed in the
area subject to Development Plan approval, together with Architectural
Design, Exterior Lighting, Landscaping and Signage Plans, shall be
submitted to the Commission in order to better define the intent of the
proposed development. The architectural design should reflect a
unified design which is in character and proper relationship with the
surrounding area. Unless required by the Commission, this Section
shall not apply to detached, single- family residences.
ii. Site Plan
(a) Location of special and general easements for public or
private use;
(b) Building setback Iines;
(c) Building coverage;
(d) Building separation.
b. Utilities.
c. Signage.
i. S n Plan. All exterior signage proposed to be located in the
development, subject to approval and obtaining of a Sign Permit prior
to erection under the requirements of the Sign Ordinance, shall be
shown and conformance or nonconformance with said Ordinance shall
be so noted.
d. Landscaping.
i.
Landscape Plan. A detailed plan of the existing and proposed
Landscaping showing location, kind and caliper measurement size of
trees, shrubbery and screening materials, as appropriate and required
by the Plan Commission.
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2. The nature and intensity of uses in the development.
3. The condition and size of public thoroughfares and parking, vehicle, and pedestrian
facilities.
a. Traffic Studv. A traffic study to include a comparative analysis of present
volumes on streets bordering the development or with a direct bearing on the
development versus potential capacity volumes of those streets. Consideration
should be made of the effect of the proposed development and the traffic it
would engender, particularly at peak periods. A Circulation Plan should be
included for all existing and proposed streets, both public and private, which
will show recommendations for controlling, signalizing, channelizing, parking,
storing and warning both pedestrian and vehicular traffic.
4. The location and capacity of drainage facilities and sewer systems serving the
development.
a. llrainagr Plan. Detailed drawings and Construction Plans for all elements of the
storm water drainage system, including curbs and gutters, storm sewers, open
drainage waterways, drain tiles, culverts, retention reservoirs and other
necessary appurtenances, shall be included. Among the necessary items of
information are locations, grades, sizes, capacity and typical cross sections of
the Drainage Plan elements. A report shall be included concerning:
i. Legal drains located in the development or relating to the development,
ii. The flooding potential of the development,
iii. The design of the storm water system to deal with such flooding
potential, and
iv. The expected impact of the development's storm water runoff on any
receiving stream or downstream property.
Where flood plains as indicated by FP, FF or FW Districts herein, are involved,
a statement from the Indiana Natural Resources Commission to the extent it has
jurisdiction shall be required with respect to location of floodways and flood
plains.
5. Other information considered appropriate by the legislative body.
a. Metes R Rounds Description. An accurate metes and bounds description of the
boundary of the tract that is subject to Final Development Plan approval.
b. Covenants Conditions R' Restrictions. A list of the covenants, conditions, and
restrictions, if any, which will run with the land and affect the use of the
property within the area subject to Final Development Plan approval. The
approved covenants shall be recorded with the Recorder of Hamilton County,
Indiana.
c. Frnsion Control R Sedimentation Plan. A statement and plan setting forth the
method of controlling erosion and sedimentation before, during and following
development and construction, e.g., temporary seeding, sediment detention
basins, erosion prevention devices and other similar means, that meet the
Hamilton County Soil Water Conservation District Guidelines for urban
development.
d. i,ightine Plan. Specifics are required concerning the easements. locations. size,
height, type, intensity and illuminance of proposed street and outdoor lighting.
e. Service Reports. Service reports or statements„ as necessary, may include but
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not be Limited to the following sources:
i. City, County or State highway departments;
ii. Indiana Natural Resources Commission;
iii. Board of Public Works Safety;
iv. member organizations of the Technical Advisory Committee.
f. Other Construction Plans. Other specific Construction Plans shall be submitted
as necessary detailing information on, but not limited to, streets, lighting,
sanitary sewer system, storm water drainage system, curbs and gutters,
sidewalks and the related appurtenances. The required information shall include
locations, grades. sizes, capacities, typical cross sections and so forth. These
plans shall be drawn by a Registered Land Surveyor or a Professional Engineer
licensed to do business in the State of Indiana in accordance with State Statutes.
g. Construction Timetable. A construction timetable or schedule shall include the
approximate timing of completion and /or occupancy of the improvements
proposed in the area subject to Development Plan approval.
h. Deeds of Declination Certification of dedication of streets, rights of-way and
other public property to the proper authorities, except so much thereof as are
intended to remain private.
i. Certificate of Commission Approval. Certificate of Approval by the
Commission shall be on each and every sheet of the Development Plan.
24.03 Architectural DesUt. Exterior T,�ting. T,andscapina and Sins e.
A. Development Requirements.
The Commission shall review an Architectural Design, Exterior Lighting. Landscaping and
Signage application to determine if the Architectural Design, Exterior Lighting, Landscaping
and /or Signage satisfy the development requirements specified herein and in the applicable zoning
district. The Commission's review shall include but not be Iimited to the following items:
1. Compatibility of the development with surrounding. land uses.
a. Consistency with the policies for the district as set forth in the Comprehensive
Plan;
b. Surrounding zoning and existing land use;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development within the district.
2. Pedestrian and bicycle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare
Plan;
b. Location and character of sidewalks, pedestrian trails, and bicycle paths;
c. Access to public sidewalks and multi -use paths;
d. General pedestrian and bicycle traffic;
e. Location and character of bicycle parking and storage facilities;
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f. Pedestrian and bicycle internal site circulation.
3. Site landscaping and screening.
4. Height, scale, materials, and style of improvements.
5. Project signage.
6. Exterior lighting.
7. Other requirements considered appropriate by the legislative body:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Special and general easements for public or private use;
d. Protective restrictions and /or covenants.
B. Plan T)ncumentatinn R- Snppnrtina Information.
1. The location and character of the following:
a. Existing and proposed principal structures and accessory structures.
1. Exterior Elevations Renderirzs Fir. Exterior elevations, renderings
depicting the exterior materials to be used, and a Iist of exterior
materials relating to all buildings and other structures proposed in the
area subject to Architectural Design, Exterior Lighting, Landscaping
and Signage approval, together with Plans, shall be submitted to the
Commission in order to better define the intent of the proposed
development. The architectural design should reflect a unified design
which is in character and proper relationship with the surrounding area.
Unless required by the Commission, this Section shall not apply to
detached, single family residences.
ii. Site Plan.
(a) Location of special and general easements for public or
private use;
(b) Building setback lines;
(c) Building coverage;
(d) Building separation.
b. Utilities.
c. Signage.
i.
Sin Plan. All exterior signage proposed to be located in the
development, subject to approval and obtaining of a Sign Permit prior
to erection under the requirements of the Sign Ordinance, shall be
shown and conformance or nonconformance with said Ordinance shall
be so noted.
d. Landscaping.
i. 1.anrlsrape Plan. A detailed plan of the existing and proposed
landscaping showing location, kind and caliper measurement size of
trees, shrubbery and screening materials, as appropriate and required
by the Plan Commission.
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e. Exterior Lighting.
i. 1,iRhtir>� Plan. Specifics are required concerning the easements,
locations, size, height, type, intensity and illuminance of proposed
street and outdoor lighting.
2. The nature and intensity of uses in the development.
3. Other information considered appropriate by the legislative body.
a. Covenants Conditions R Restrictions. A list of the covenants. conditions, and
restrictions, if any, which will run with the land and affect the use of the
property within the area subject to Architectural Design, Exterior Lighting,
Landscaping and Signage approval. The approved covenants shall be recorded
with the Recorder of Hamilton County, Indiana.
b. Other Construction Plans. Other specific Construction Plans shall be submitted
as necessary detailing information on, but not limited to, streets. lighting,
sanitary sewer system, storm water drainage system, curbs and gutters,
sidewalks and the related appurtenances. The required information shall include
locations, grades, sizes, capacities, typical cross sections and so forth. These
plans shall be drawn by a Registered Land Surveyor or a Professional Engineer
licensed to do business in the State of Indiana in accordance with State Statutes.
24.99 Procedures for fiuhmission and Review.
A. Development Plan
1. Pre Application Consnitatinn with the Director.
Applicants shall meet with the Director to review the zoning classification of their site,
review the regulatory ordinances and materials, review the procedures and examine the
proposed use and development of the property. The Director shall aid and advise the
applicant in preparing his application and supporting documents as necessary.
2. Application.
a. Director. The applicant shall submit to the Director:
i. Two (2) copies of the written application form;
ii. Two (2) copies of the Existing Features Site Analysis Plan;
iii. Two (2) copies of the Development Plan;
iv. As well as two (2) copies of all necessary supporting documents and
materials.
b. Technical A dvisnry Committee. The applicant shall submit the following to the
members of the Technical Advisory Committee (TAC):
i. One (1) copy of the written application form;
ii. One (1) copy of the Existing Features Site Analysis Plan;
iii. One (1) copy of the Development Plan;
iv. As well as one (1) copy of all necessary supporting documents and
materials.
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C. Initial Review of the Application and Suppnrtin,c: Documents and Materials
i. Director. Following the receipt of the written application,
Development Plan, and necessary supporting documents and /or
materials, the Director shall review the materials for the sole purpose of
determining whether the application is complete and in technical
compliance with all applicable ordinances, laws and regulations.
ii. Technical Advisory Committee. Following the receipt of the written
application, Development Plan, and necessary supporting documents
and /or materials, the Director shall place the application on the agenda
of the Technical Advisory Committee.
d. Submittal to the Commission
i. If the materials submitted by the applicant are not complete or do not
comply with the necessary legal requirements, the Director shall inform
the applicant of the deficiencies in said materials.
Unless and until the Director formally accepts the application as
complete and in legal compliance, it shall not be considered as formally
filed for the purpose of proceeding to succeeding steps toward approval
as hereinafter set forth.
ii. if the materials submitted by the applicant are determined to be
complete and in compliance, the Director shall forward the materials to
the Commission. Within thirty (30) days of the formal acceptance of
the Development Plan application, the Director shall formally file the
application by:
(a) Assigning a docket number;
(b) Setting a date and time for a public hearing; and
(c) Placing it upon the agenda of the Commission according to
the Commission's Rules of Procedure.
iii. The applicant shall file for each Commission member a copy of the
Existing Features Site Analysis Plan, the Development Plan, and
supporting documents and /or materials pursuant to the Commission's
Rules of Procedure.
3. Fees. See Section 29.06.
4. Public Notice. The applicant shall be responsible for the cost and publication of the
required published legal notification of the public hearing. The applicant shall also
notify all interested parties and property owners as required by the Commission's Rules
of Procedure.
5. Public Hearinc by the Commission. The conduct of the public hearing shall be in
accordance with the Commission's Rules of Procedure. Following the public hearing, the
Development Plan shall be reviewed by the Commission.
6. Review The Commission shall review a Development Plan to determine if the
Development Plan:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development requirements specified in the Zoning Ordinance.
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7. Approval.
a. In determining whether approval shall be granted, the Commission shall
consider generally if the Development Plan:
i. Creates and maintains a desirable, efficient and economical use of land
with high functional and aesthetic value, attractiveness and
compatibility of land uses, within the District and with adjacent uses;
ii. Provides sufficient and well designed access, parking and loading
areas;
iii. Provides traffic control and street plan integration with existing and
planned public streets and interior access roads;
iv. Provides adequately for sanitation, drainage and public utilities; and
v. Allocates adequate sites for all uses proposed, the design, character,
grade, location and orientation thereof being appropriate for the uses
proposed, logically related to existing and proposed topographical and
other conditions, and consistent with the Comprehensive Plan.
b. In determining whether approval shall be granted, the Commission may:
i. Impose conditions on the approval of a Development Plan if the
conditions are reasonably necessary to satisfy the development
requirements specified in the Zoning Ordinance for approval of the
Development Plan.
ii. Provide that approval of a Development Plan is conditioned on the
furnishing to the Commission of a bond or written assurance that:
(a) Guarantees the timely completion of a proposed public
improvement in the proposed development; and
(b) Is satisfactory to the Commission.
iii. Permit or require the owner of real property to make a written
commitment.
c. Time T.imit. An approved Development Plan shall be valid for two (2) years
from the date of approval. Upon written application to the Director before the
expiration of said approval, and upon good cause shown, the Director may
extend the approval for a period not to exceed six (6) months.
d. If the Development Plan is substantially or materially altered in any way,
resubmission to the Commission is required.
e. If a Development Plan petition is denied, the Commission shall provide the
applicant with a written copy of the findings -of -fact, if requested.
f. and other matters relevant to review.
8. Amendment.
a. Requirements. See Section 24.02.
b. Fees. See Section 29.06.
c. Public Notice. See ¢A (4).
d. Public Hearing. See §A(5).
e. Review. See §'A(6).
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f. Approval. See §7 above.
g. and other matters relevant to review.
B. Architectural Design Exterior i htinv T.andscapin Signage.
1. Pre Application Consultation with the Director.
Applicants shall meet with the Director to review the zoning classification of their site,
review the regulatory ordinances and materials, review the procedures and examine the
proposed use and development of the property. The Director shall aid and advise the
applicant in preparing his application and supporting documents as necessary.
2. Application.
a. Director. The applicant shall submit to the Director:
i. Two (2) copies of the written application form;
ii. Two (2) copies of the Existing Features Site Analysis Plan;
iii. Two (2) copies of the Exterior Elevations and /or Renderings;
iv. Two (2) copies of the Lighting Plan;
v. Two (2) copies of the Landscape Plan;
vi. Two (2) copies of the Signage Plan;
vii. As well as two (2) copies of all necessary supporting documents and
materials.
b. Technical Advisory Committee. The applicant may be required to submit the
following to the members of the Technical Advisory Committee (TAC):
i. One (1) copy of the written application form;
ii. One (1) copy of the Existing Features Site Analysis Plan;
iii. One (1) copy of the Exterior Elevations and /or Renderings;
iv. One (1) copy of the Lighting Plan;
v. One (1) copy of the Landscape Plan;
vi. One (1) copy of the Signage Plan;
vii. As well as one (1) copy of all necessary supporting documents and
materials.
c. Initial Review of the Application and Supportinn Documents and Materials.
i. Director. Following the receipt of the written application, Plans, and
necessary supporting documents and /or materials, the Director shall
review the materials for the sole purpose of determining whether the
application is complete and in technical compliance with all applicable
ordinances, laws and regulations.
ii. Technical Advisory Committee. Following the receipt of the written
application, Plans, and necessary supporting documents and /or
materials, the Director shall place the application on the agenda of the
Technical Advisory Committee.
d. Submittal to the Commission.
i. If the materials submitted by the applicant are not complete or do not
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comply with the necessary legal requirements, the Director shall inform
the applicant of the deficiencies in said materials.
Unless and until the Director formally accepts the application as
complete and in legal compliance, it shall not be considered as formally
filed for the purpose of proceeding to succeeding steps toward approval
as hereinafter set forth.
ii. If the materials submitted by the applicant are determined to be
complete and in compliance, the Director shall forward the materials to
the Commission. Within thirty (30) days of the formal acceptance of
the Architectural Design, Exterior Lighting, Landscaping and Signage
application, the Director shall formally file the application by:
(a) Assigning a docket number;
(b) Setting a date and time for Commission review; and
(c) Placing it upon the agenda of the Commission according to
the Commission's Rules of Procedure.
iii. The applicant shall file for each Commission member a copy of the
Existing Features Site Analysis Plan, the Plans, and supporting
documents and /or materials pursuant to the Commission's Rules of
Procedure.
3. FP.PS. See Section 29.06.
4. Review. The Commission shall review an ADLS to determine if the ADLS:
a. Is consistent with the Comprehensive Plan: and
b. Satisfies the development requirements specified in the Zoning Ordinance.
5. Approval.
a. In determining whether approval shall be granted, the Commission shall
consider generally if the Architectural Design, Exterior Lighting, Landscaping
and Signage:
i. Creates and maintains a desirable, efficient and economical use of land
with high functional and aesthetic value, attractiveness and
compatibility of land uses, within the District and with adjacent uses;
ii. Provides sufficient and well designed access, parking and loading
areas; and
iii. Allocates adequate sites for all uses proposed, the design. character,
grade, location and orientation thereof being appropriate for the uses
proposed, logically related to existing and proposed topographical and
other conditions, and consistent with the Comprehensive Plan.
b. In determining whether approval shall be granted, the Commission may:
i. Impose conditions on the approval of an Architectural Design, Exterior
Lighting, Landscaping and Signage if the conditions are reasonably
necessary to satisfy the development requirements specified in the
Zoning Ordinance for approval of the Architectural Design, Exterior
Lighting, Landscaping and Signage.
ii. Permit or require the owner of real property to make a written
commitment.
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CITY OF CARMEL ZONING ORDINANCE
c. Time l ,imit. An approved Architectural Design. Exterior Lighting, Landscaping
and Signage shall be valid for two (2) years from the date of approval. Upon
written application to the Director before the expiration of said approval, and
upon good cause shown, the Director may extend the approval for a period not
to exceed six (6) months.
d. If the Architectural Design, Exterior Lighting, Landscaping and /or Signage is
substantially or materially altered in any way, resubmission to the Commission
is required.
e. and other matters relevant to review.
6. Amendment.
a. Requirements. See Section 24.03.
b. Fees. See Section 29.06.
c. Review. See §A(6).
d. Approval. See §7 above.
e. and other matters relevant to review.
C. An. peals.
Authority. The Commission may hear, review and determine appeals taken from any
order, requirements, decision or determination made by a Hearing Officer or Committee
authorized to approve the Development Plan or any portion thereof.
2. Fiiine Deadline. All appeals shall be filed with the Director within thirty (30) days of the
action to be appealed.
3. Appeal Procedure.
a. Consultation with the Director and Application. Appellants shall meet with the
Director in order to examine the nature of the proposed appeal, review the
regulatory ordinances and materials, and review the appeal procedures. The
Director shall aid the appellant in preparing his application and supporting
documents as necessary. The appellant shall then submit two (2) copies of the
written application form and all necessary supporting documents and materials.
b. initial Review of the Appiiratinn and Supporting Documents and Materials by
the Direetor• Submission to the Commission. Following the receipt of the
written appeal application and necessary supporting documents and materials by
the Director, he shall then review the materials solely for the purpose of
determining whether the application is complete, is in technical compliance with
all applicable ordinances. laws and regulations and is to be forwarded to the
Commission. 1f the materials submitted by the appellant are not complete. or do
not comply with the necessary legal requirements, the Director shall inform the
appellant of the deficiencies in his materials. Unless and until the Director
formally accepts the appeal application as complete and in legal compliance it
shall not be considered as formally filed for the purpose of proceeding to the
succeeding steps toward Commission consideration of the appeal as hereinafter
set forth. The application is formally filed when it is placed upon the
Commission agenda by the Director according to the Commission's Rules of
Procedure.
c. Public Hearing by the Commission. Once the Director has accepted and filed
the appeal application with the Commission, he shall assign a docket number
and set a date and time for a public hearing as required by the Rules of
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Procedure of the Commission. The appellant shall be responsible for the cost
and publication of the required published legal notification of the public
hearing. The appellant shall also notify all interested parties and property
owners as required by the Rules of Procedure of the Commission. The conduct
of the public hearing shall be in accordance with the Commission's Rules of
Procedures.
d. Approval or Denial of the Appeal by the Commission. Following the public
hearing on the appeal, the Commission shall approve, approve with conditions,
or deny the appeal. In exercising its powers, the Commission may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision or
determination appealed as in its opinion ought to be done on the premises, and
to that end shall have all the powers of the Hearing Officer or Committee from
whom the appeal is taken. Upon reaching a decision on the appeal request, the
Commission shall enter into its records the reasons for its decision and shall
provide the appellant with a copy of said reasons, if requested. The
Commission shall inform the Director and the appellant of its decision,
including all conditions contained as a part thereof. All further actions taken by
the appellant or the Director concerning the item that was appealed, including
the issuance of Improvement Location Permits, shall be subject to said ruling of
the Commission.
4. Stay of Work.
When an appeal from Hearing Officer or Committee has been filed with the Commission,
all proceedings and work on the premises upon which the appeal has been filed shall be
stayed unless Hearing Officer or Committee from whom the appeal was taken shall
certify to the Commission that, by reason of facts stated in the certificate, a stay would
cause immediate peril to life or property. In such case, proceedings or work shall not be
stayed except by a restraining order which may be granted by the Commission or by a
court of competent jurisdiction, on notice to Hearing Officer or Committee from whom
the appeal is taken and the owner or proprietor of the premises affected and on due cause
shown. After the owner, his agent and /or a person or corporation in charge of the work
on the premises affected has received notice, the Director shall have full power to order
such work discontinued or stayed and to call upon the police power of the City or County
to give full force and effect to the order.
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t, CITY OF CARMEL ZONING ORDINANCE
CHAPTER 24: PLANNED DISTRICT REGULATIONS
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z- 365 -01 76-Ola OA November 5. 2001 November 27. 2001 24.02.04
Z- 453 -04 150 -02 OA August 16. 2004 August 16, 2004 Repealed Ch. 24;
Adopted as DP/
ADLS Regulations
Summer 2004 v
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6 Plan Commission. Rules of Procedure
Effective August 21, 2007
Page 10 of 15
Section 6. In the presentation of a case, the burden shall be upon the petitioner to supply all
information, including charts, diagrams and other exhibits necessary for a clear understanding of
the project. The Commission may continue the hearing when in its judgment the petitioner has
not provided sufficient evidence on which to make a determination.
Section 7. Every person appearing before the Commission shall abide by the order and directions
of the president. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach
of the privileges of the Commission and shall be dealt with as the Commission directs. Applause
in support of statements is an example of discourteous conduct which will not be condoned. In
addition, the president shall have the authority to prohibit repetitious and irrelevant testimony
and shall have the authority to limit the length of testimony by each speaker as deemed
appropriate to a fair and efficient public hearing.
Section 8. The Commission, at its discretion, may permit a petitioner to make amendments or
modifications to a proposal pending before it, or may continue or postpone the hearings of any
case.
Article IX. Final Disposition of Cases
Section I. After consideration of any reports and recommendations of DOCS, the final
disposition of any case shall be in the form of a decision or report, setting forth, when deemed
appropriate, the recommendation (if any), findings and determinations of the Commission,
together with any modifications, specifications or limitations which it makes. In any case in
which the Commission is required to make written findings along with a final decision, the
Commission may adopt findings as submitted by the petitioner or by any interested party, with or
without modifications, specifications or limitations, or the Commission may delegate to Staff
and /or legal counsel the authority to prepare written findings. When written findings are
required, the Commission's findings shall be executed by the president and secretary of the
Commission and filed in the office of the Commission within 45 days after the date of the
Commission's final decision.
Section 2. The Commission may dismiss a case for lack of prosecution or lack of jurisdiction.
When a petitioner has failed to appear at two consecutive meetings, the case may be dismissed
for lack of prosecution. With respect to a Secondary Plat, when the Secondary Plat has been
pending before Staff for three consecutive months, Staff may request that the Commission
dismiss the case for lack of prosecution. Staff shall notify the petitioner by mail, not less than 10
days before presenting the request to the Commission, that Staff will seek the Commission's
approval to dismiss the Secondary Plat petition.
Section 3. A petitioner may not withdraw a case after a vote has been ordered by the president.
Section 4. A case which has been withdrawn by the petitioner shall not be placed on the docket
again for consideration within a period of six months after the date of withdrawal. A new case
involving the same property that was the subject of a case which has been withdrawn by any
petitioner shall not be placed on the docket for consideration within a period of three months
after the date of withdrawal.
Section 5. A case which has been decided adversely to the petitioner shall not be placed on the
docket again for consideration until the legality of the Commission's decision is finally
r EXHIBIT
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Plan Commission Rules of Procedure
Effective August 21, 2007
Page 11 of 15
determined pursuant to IC 36 -7 -4 -1000 et seq., or for a period of 12 months following the date of
the adverse decision previously rendered, whichever is later. A new case involving the same
property that was the subject of a case which has been decided adversely to any petitioner shall
not be placed on the docket for consideration until the legality of the Commission's decision is
finally determined pursuant to IC 36 -7 -4 -1000 et seq., or for a period of six months following the
date of the adverse decision previously rendered, whichever is later.
Section 6. Because the Commission's recommendation (if any) is only advisory in matters of
rezones and text amendments to the Zoning Ordinance, Subdivision Control Regulations, or
Comprehensive Plan, all such matters shall be certified to the Common Council for its
consideration in accordance with state statute. The Commission's recommendation (if any) on
any such matter may then be followed or overturned by the Common Council in accordance with
state statute and the rules of the Council.
Article X. Reconsideration of Rezone Proposals
Section 1. The Commission may not further consider for one year any proposal to amend the
zoning map (rezone) which has been defeated under subsection (f)(3), (g)(3), or (g)(4) of IC 36-
7 -4 -608.
Section 2. The Commission may not further consider for six months any proposal to amend the
zoning map (rezone) which has been withdrawn by the petitioner, regardless of whether it is
withdrawn while it is pending on the Commission's docket or pending before the Common
Council.
Section 3. If a new proposal to amend the zoning map (rezone) involves the same property that
was the subject of a defeated proposal, as described in Section 1 above, the new proposal may
not be considered by the Commission until six months have elapsed from the date the defeated
proposal was defeated under subsection (f)(3), (g)(3), or (g)(4) of IC 36 -7 -4 -608.
Section 4. If a new proposal to amend the zoning map (rezone) involves the same property that
was the subject of a withdrawn proposal, as described in Section 2 above, the new proposal may
not be considered by the Commission until three months have elapsed from the date the
withdrawn proposal was withdrawn.
Section 5. A rezone proposal that is restricted from consideration under this Article shall not be
assigned a docket number or placed on the Commission's agenda before the expiration of the
restriction period, unless these Rules are suspended in accordance with Article XII, Section 2
herein.
Article XI. Committees
Section 1. The regular meetings of the Commission's Standing Committees (Subdivision and
Special Study Committees) shall be on the first Tuesday of each month at 6:00 p.m. in the
Caucus Rooms (on the north side of the Council Chambers of the City of Carmel), City Hall,
One Civic Square, Carmel, Indiana or other such time, date, place as designated by the
Commission.
IN THE HAMILTON SUPERIOR COURT #3
STATE OF 1
MIDWEST HOSPITALITY GROUP, INC.
and MOTELS OF CARMEL, LLP,
Petitioners,
vs. CAUSE NO.: 29D03- 0805 -/l/ 5
CITY OF CARMEL,
c9 -k:1/4
Respondent. r
R
I r
APPEARANCE BY ATTORNEY IN CIVIL CASE 1. 0
Party Classification: Initiating: X Responding: Intervening:_ V
if
o
1. The undersigned attorney and all attorneys listed on this form now appear in this case for the '11
following party member(s): Midwest Hospitalitv Group. Inc. and Motels of Carmel. LLP s
2. Applicable attorney information for service as required by Trial Rule 5(B)(2) and for case
information as required by Trial Rules 3.1 and 77(B) is as follows:
Name: E. Davis Coots Attorney Number: 3367 -29
Address: Coots. Henke Wheeler. P.C. Telephone: 317 844 -4693
255 East Carmel Drive FAX: 317 573 -5385
Carmel. Indiana 46032 -2689 Computer Address: dcoots cr.chwlaw.com
(List on continuation page the additional attorneys appearing for above party member[s])
3. There are other party members: Yes:_ No: X (If yes, list on continuation page)
4. If first initiating party filing this case, the Clerk is requested to assign this case the following
Case Type under Administrative Rule 8(b)(3):
5. I will accept service by FAX at the above -noted number: Yes: X No:_
6. This case involves support issues. Yes: No: X (If yes, supply social security
numbers for all family members on continuation page.)
7. There are related cases. Yes:_ No: X (If yes, list on continuation page)
8. This form has been served on all other parties. Certificate Of Service is attached: Yes:_ No: X
9. Additional information required by local rule:
E. Davis Coots
Attorney Information shown above
Appearance Format for Use by Attorneys in Civil Cases; 4/1/95
APPEARANCE FORMAT CONTINUATION PAGE (Civil Case for Use by Attorney)
Case Number: 29D03-0805-
First Listed Party Member: Midwest Hospitality Group. Inc.
Continuation of Item 7 (Caption and case number of related cases):
Caption
.Case Number
Authority: Pursuant to Trial Rule 3.1(A), this form shall be filed at the time an action is commenced.
In emergencies, the requested information shall be supplied when it become available. Parties shall
advise the court of a change in information previously provided to the court. This format is approved
by the Division Of State Court Administration.
Use additional continuation pages if needed.
P:\EDC\ IIDWEST HOSPITALITY GROUP. 178] 4\APPEARANCE.wpd
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