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HomeMy WebLinkAboutApplication CITY OF. CARMEL - CLAY_ TOWNSHIP. HAMILTON COUN..~TY, INDIANA APPLICATION FOR. BOARD OF~APPEALS j~?(~:?.~...~ · ~'~/ D..EV.E. LOPMENT STANDARPS VARIANCE REQUEST, ~ ~ FEE: Single Family (Primary Residence) $250.00 for the first variance, plus $75.00 for each~ad, 3n of the ordinance being varied. . All Other $950.00 for the.first variance, plus $450.00 for each additional section of the ordinance being varied. DOCKET NO. __ 0{4 t O lO0 : S 'lW DATE RECEIVED: ................ 1) Applicant: Duke Realty Limited Partnership Address: 600 East 96th Street~. Suite 100, 46240 2) Proje~ Name: Parkwood East Phone: 8o8-6ooo Engineer/Architect: N/A Phone: Attorney: Philip A. Nicelv - . Phone: 684-.5301 3) Applicant's Status: (Check the appropriate response) ~ (a) The applicant's name is on the deed to the property .... (b) The applicant is the contract purchaser of the property ~ (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: N/A 5) Owner's address' N/A Phone: N/A Record of Ownership: Deed Book No./Instrument No. 200200097090 6) Page: ~t/A ...... Purchase date: . December 13~ 2002 Common address of the property involved: 800 E..96th Street 7) Legal description: (See attached description) Tax Map Parcel No.: Il '~ / I':~' ] ~'~~~ ~ ] ~' ~ ~ --- I ...... · State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). · Petioner requests ia .v.ari~nce .o.f developme..~t is~aIldards of the College Planned Unit Development District Ordinance Section 4.7, B, 3-Lower Level Signs Location to allow a wall sign to be located above the second-story windows, , rather than above the first-story windows, per the plans filed. Page 1 of 8 - z:~redVorms~BZA applicafions~ Development Slandan:l$ Vatance Application rev. 01/05/2~ 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). This 34 sq. ft. sign is one of six (6), sixty (60) sq. ft. signs permitted to be 9) 11) 12) located in ..................... the wes~t, south or east facade of this building. The final design, of ~.his building is not conducive to having a sign located between the first and seC~nd~St°ry windOws.. Present zoning of the property (give exact classification): . PUD . . ..... Size of lot/parcel in question:. 9.8 4 6 acres Present use of the property: Office Park Describe the proposed use of the property: .. o f ~f i c e 13) Is the property: Owner occupied Renter occupied ..... ×.. Other Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. ~ eomPanion ADLS .A~.end. Petit. io.n was filed at the same time as this variance -i5) pet!tipn,. ............. Has work for which this application is being filed already started? If answer is ¥os, [live details: Building Permit Number.'_ N/A Builder: N/A 16) if proposed appeal is granted, when will the work commence? ASAP 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? S]mith Barney NOTE: LEGAL NOTICE shall be published in the Indianapolis St.ar a MANDATORY twenty-fi:Ye:(25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: ' 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was completed) Page 2 of 8 - z:~share(Non'm~BZA applications~ Development Slandards Variance Application rev. 01/05/2004 REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supportin_q information has been submitted to the Department of Community Services. The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. I, ....... Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS (To.be f.ii.ed, when received,) AUditor Of Hamilton County,' lndia~a'Signature .......... Date ...... Page 3 of 8 - z.'L~harecN'orrns~ZA applica{ions~ Development Standards Variance Applicalion rev. 01/05/2004 AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing signatures, statements and answers hereip contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Signed: 1.0 / 2 0 / 0 4 ~¢~~~ttorne~~~). Date Philip A. Nicely (Please Print) .... STATE OF INDIANA SS: County of ,Hamilton (County in which nota'Hzation takes p'~aCe) Before me the undersigned, a Notary Public for Marion (Nota~ Public's countY of' residence) County, State of Indiana, personally appeared Philip A. Nicel,., y '~{~l~Y., Attomey, (x~~ and acknowledge the execution of the foregoing instrument this · 20th day of_ October (SEAL) 20 04 ?~, , ,,-- Notary Public-Signature Steven B. Granner " Notary Pubiic'-iPlease '~Hnt ' ' My commission expires: October 23, 2008 Page 4 of 8 - z~hare(NormstBZA applications& Development Slandarcls Variance Application rev. 01/05/2004 Docket No.' Petitioner:, . CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Duke .R..ealty.,..Limited .P. artnership · FINDINGS OF FACT - DEVELOPMENT-STANDARDS VARIANCE (Ballot Sheet) 2~ , DATED THIS ...... DAY OF , 20 04 Board Member Page 7 of 8 - z:~shared~orms~BZA applications~, Development Slanda~ds Variance Application rev. 01/05/2004 , CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: ,Duke Rea. l, ty ,Limited Partnership .FINDINGS OF FACT.- D.EVELOPMENT STANDARD. S VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the variance is for a wall sign to be located only thirteen (13) feet higher on the building than the PUD Ordinance standards permit. . The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: .the sign will face east and the adjac,ent property tO the east ~.~ ~h~ F~vp Seasons Club. bordered by 1-465 on the north. , The stdct application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: the PUD Ordinance permits lower level wall signs on the building as long as theyiare ,,be!°w twenty-s.ix ~2,6).,feet in height. The final desizn of the buildi.,ng _ includes upgraded finish details-on the first floor which causes practical difficulties in locating .a, s~n ,,at. this level. , ..... DECISION ,_ IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this .......... day of ........... ,20 04 , CHAIRpERsOh,'Carmel/Clay Bo~rd'°'f ZOning APpeals ' SECRETARY,'Carmel/Clay Board of Zoning Al~p~als" Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Z:~shared~forms~3ZA applications\devstandapp Revised 01/05/2004 Page 8 of 8 - z:~sharecNorms~BZA applicationst Developmen{ .Standards Variance Applic~lion rev. 01/05/2004 o The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the variance is for a wall sign to be located only three (3) feet higher on the building than the PUD Ordinance standards permit. o The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the sign will face east and the adjacent property to the east is the Five Seasons Club, bordered by 1-465 on the north. ge The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: . the PUD Ordinance permits lower level wall signs on the building as long as they are below twenty-six (26) feet in height. The final design of the building includes upgraded finish details on the first floor which causes practical difficulties in locating a sign at this level. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 04100028V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this 22~d day of November ,20 04 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his repre., /BO E ATTORNEYS AT LAW SteYen B. Granner, Zoning Consultant 600 East 96th Street Suite 500 indianapolis, indiana 46240 (317/684-5304 Direct Fax (317/223-0304 E-mail: SGranner@boselaW'c°m www.boselaW.c°m Integrated Signage Systems ~oce & ~e't'ur'n~ **NOTE: F_.xterJor Signore Concept L-aBe depicted s ,he STANDAP-.D LOGO Face & P-.et-urns ri?ed P-.ed ?o P~lotch: PPqS ~5 CVC Lo9o Usage: STAN DAP-.D l'qODIF ED For lo~os w?h smell cops of LePers are to be fabricated from aluminum or stainless steel sheet me, al. ~-Juminum letters will have a minimum thickness of .06_~" on the face(s) and .0~0" thick returns. S±ointess steel letters shell hove l& ge. faces end 22 go. returns. Face ~ lepers shell be o~oched ,o sides with o continuous ~eoC *o prevent light Sam ei~imot Jo~o acm will me be accepted. Ali exposed surfaces ore ¢o be spray ~nished v,¢~th acrylic poyurFhone (c~ec ¢o speci~co¢ioms in bid document} Colors sholl mo~ch P~S 6iud 288 CVC end P~S ~ed ~5 C'¥C os depicted in design speci~cotions. Pace of ~ecs shell be ~ot and true. Pinish mow be white, polished ~oid titonium or duconodic in place of Blue and ~ed ~o increase contcost or os may be required by landlord. Bock of [~ecs to be mochine screw end clip mounted, 5~6" thick cleon Jexon. Letters shoJl be ~eid removable Sam L~on backs to Facilitate se~icin~ os mow be required. ~ucnish 5,~6" weep holes wJFh lithe diEusecs in bo~om ~ [e~ecs. L~ JtJumino~ocs shell be comprised of exterior grade, '*~ si,cone encased, rope swle L~D's with lamps spaced Z/&" on center. Each se of [~ecs shell ~ncJude oli appropriate mountin~ hardware, ~emplotes, seat tight connectors, junction boxes, cut-oW switches, transformers ond transformer boxes included in the cost of each sign. A~J illuminated signs ore to be UL approved end labeled. 0 illTH PUD LAND DESCRIPTION- PARKWOOD EIGHT A part of the Southwest Quarter of Section 12, Township 17 North, Range 3 East Io-cated in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest Comer of the Southwest Quarter of SeCtion 12, Township 17 North, Range 3 East; thence South 89 de. grees 13 minutes 14 seconds East (assumed beadng) 1200.95 feet alongthe South Line of said Southwest. Qua.der to the southeastern comer of vacated College Hills, an Addition in Hamilton County, Indiana, thence North 00 degrees 12 minutes 36 seconds West 60.01 feet to a point on the northem right-of-way of 96TH Street; thence North 89 degrees 13 minutes 14 seconds West 442.41 feet along said right-of-way to the-POINT OF BEGINNING of this description; thence continuing North 89 degrees 13 minutes 14 seconds West 439.84 along said.right-of-way to a point on the westem line of property owned by Duke Realty Corporation by Instrument number 20020001831.8 as. recorded in the Office of the Hamilton County Recorder, Indiana; thence along the westem boundary of the said Duke Realty Corporation property for the following three courses; (1) .North 00 degrees 12 minutes 36 seconds West 174.9'9 feet; (2) North-89 degrees 13 minutes 14 seconds West 12.50 fee; (3) North 00 degrees 12 minutes 36 s. econds West 789.60 feet to the southern limited access right-of-way and a.ccess control .line of 1-465, said point..also being the. northwest comer of Duke Realty-.Corporation land; the following three (3) courses am'along said-'southem'limited access right- of-way'and access control line; 1) thence SOuth 86 degrees 04. mlnutes 20 seconds East 199.17 feet; 2) thence Sou.th 86 degrees,. 03 minutes 54 seconds East 50.13 feet; 3) thence South 81 degrees 45 minutes 17 seconds East 164.57 feet; thence South 00 degrees 44 minutes 33 s_econds East 223.50 feet; thence North 89 degrees 46 minutes 48 seconds East 55.37 feet;, thence South' 51 degrees 01 minutes 46 seconds East 103,23 feet; thence South 38-degrees 58 minutes 14 seconds West 178.62 feet to a point on a non-tangential curve to the tight'having a radius of 62.50 feet and subtended by a chord beadng South 24 degrees 43 minutes 11 seconds East 51.88 feet; thence southeasterly along said curve 53.79 feet to the point of tangency; thence South 00 degrees 12 minut.e_s 00 seconds East 298.68 feet; thence South 89 degrees 50 minutes 00 seconds West 5.13 feet; thence South 00 degrees 10 minutes 00 seconds East 157.18 feet to the POINT OF BEGINNING, and containing 9.846 acres, more or less. Sponsor(s)' Councilor ORDINANCE No. Z- (. -00-Z) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE COLLEGE HILLS Planned Unit Development District WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Dovelopmont District in accordance with tho requiromonts of lC §3~-7-4-1500 ot soq.; and WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Ordinance") which- establishes the College Hills Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to lC §36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior ordinances or pads thereof inconsistent with any provision of this Ordinance are hereby repealed, and (iii) this Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. CHAPTER 1.0 APPLICABILITY OF ORDINANCE. Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit A (the "Real Estate"), as a Planned Unit Development District to be known as College Hills. Section 1.2 Development in the Planned Unit Development District shall be governed entirely by (i) the provisions of this Ordinance, (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Ordinance, and (iii) the Commitments Concerning The Use And Development Of The Real Estate attached hereto and incorporated herein by reference as Exhibit B. In the event of a conflict between this Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance shall apply. Section 1.3 Any term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance, unless the context otherwise requires. Draft: 01/19~2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 CHAPTER 2.0 PERMITTED USES. Section 2.1 Permitted Primary Uses. Office, Any Type; and Uses permitted under the R-1 classification of the Zoning Ordinance for the City of Carmel/Clay Township, Indiana. Section 2.2 Permitted Accessory Uses and Structures. Accessory uses and structures, subordinate, appropriate and incidental to the above-permitted primary uses shall be permitted, including trash enclosures, Automated Teller Machines (AIMs), and utilities. The following accessory retail and service commercial uses shall be permitted within the building(s): Cafeteria/Deli/Coffee Shop Photocopying and Duplicating Services The following accessory supportive service uses shall be permitted within the building(s): Conference Center Fitness Center Accessory uses, accessory retail, accessory service commercial, accessory supportive services, or accessory structures, if utilized, shall: A. have as their primary purpose serving the occupants or employees of the buildings; and, B,, have a total gross square footage for all accessory uses which does not exceed 25,000 square feet. Section 2.3 Communication Equipment. Cell towers shall not be permitted. Communications equipment, as required by the building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architectUmily compatible with the building(s) with which it is associated. -2- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 CHAPTER 3.0 GENERAL PROVISIONS. Section 3.1 Minimum Parcel Size. The College Hills PUD parcel shall have a minimum size of fifteen (15) acres. This Section 3.1 does not, however, preclude the sale or other transfer of any lot within the Real Estate after the approval of a DP for the parcel, provided that any such lot is at least four (4) acres in size. However, the development of the parcel must still conform to the DP for the Real Estate as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. Section 3.2 Maximum Buildinq Height. For all uses, the maximum building height shall be the lesser of (i) seventy-nine. (79) feet plus an additional twenty-one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances, or (ii) 5 stories plus an additional twenty-one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances. Section 3.3 Minimum Building Height. All uses, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof. Section 3.4 Maximum Parcel Coveraqe. A. Maximum Parcel Coverage of the Real Estate shall be sixty-five percent (65%). ' Bo Maximum Floor Area Ratio (F.A.R.)of the Real Estate shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of all buildings on the Real Estate by the area of the Real Estate. Section 3.5 Architectural Desiqn Requirements. Ao Scale and proportion- All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, reprosented by the ratio 1 '1.6 or 1.6:1, as a general guideline. Bo Suitability of building materials' A minimum of three materials shall be used for building exteriors from the following list: stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal. Co Building design' All buildings shall be designed with a minimum of eight external corners, in order to eliminate monotonous box buildings, unless otherwise approved by the Commission. -3- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 D. Roof design' Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. Building penthouses: Building penthouses must be incorporated into the building facade design, including exterior materials specifications. Section 3.6 Other Requirements. A. Outside Storage of Refuse. No outside, unenclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within the building(s) or in separate accessory structure(s). Any separate accessory structure designed for refuse storage shall be architecturally compatible with the building(s). B,, Loading Berths. No loading or unloading berth or bay shall be visible from any adjacent residential area. C. Mechanical Equipment. Any mechanical equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. All HVAC equipment shall be located on the roof of the building(s), and required screening shall include noise abatement features. CHAPTER 4.0 SPECIFIC PROVISIONS. Section 4.1 Minimum Buildinq Setbacks. The minimum building setbacks shall be (a) 100 feet from the INDOT right-of-way, (b) 100 feet from the side property lines, and (c) 200 feet from the South Section Line. Section 4.2 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 accessory structure(s). SJ Accessory structures permitted need not meet the minimum floor area requirement. Section 4.3 Maximum Density. Maximum gross floor area for all buildings upon the Real Estate shall be 420,000 square feet. No more than 5,000 square feet of such 420,000 square feet shall be allocated to a fitness center, and no more than 5,000 square feet of such 420,000 square feet shall be allocated to a conference center. -4- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 Section 4.4 Landscaping Requirements. A,, Landscape Plan. A Landscape Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (1) shall be drawn to scale, including dimensions and distances; (2) shall delineate all existing and proposed buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways, ground and monument signs, lighting standards, steps or other similar structures; and (3) shall delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areas to be Landscaped. 1. Greenbelt' a,, A greenbelt shall be provided adjacent to the 96~ Street right- of-way and shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 4.4.C. b,. The greenbelt areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs and other similar structures (excluding parking). ., Plantinq Strip: a. There shall be landscaped planting areas located adjacent to the INDOT right-of-way and the side property lines which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 4.4.C hereof. b,, These landscaped areas shall be unoccupied _e.._xcept for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures (excluding parking). . Planting Adiacent to Buildinqs' -5- C. Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 a. A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). b~ Outdoor terraces, sidewalks and driveways may be permitted in these areas. C,, If an outdoor terrace, sidewalk or ddveway cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting. d,, These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace area. . Plantinq Within Parkinq Lots: A minimum of (a) one (1) shade tree and five (5) shrubs or (b) two (2) shade trees shall be planted within each parking lot island at a rate not less than eighteen (18) trees per acre of parking. (See Section 4.4.C.1 for minimum planting area requirements.) ,, Total Landscaping Required' Inclusive Of the greenbelts, the planting strips, the planting adjacent to the building(s), outdoor terrace areas and the planting within surface parking lots, a minimum of fifteen percent (15%)of the Real Estate shall be landscaped. Landscaping Standards. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide . Greenbelt. The greenbelt areas, as designated in Section 4.4.B.1., shall include a six to eight (6-8) foot undulating earthen berm which shall resemble the berm on 96t~ Street fronting the Parkwood -6- D. Draft: 01/19~2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 Crossing development. On this berm there will be placed eight to ten (8-10) foot tall conifers, spaced fifteen (15) feet on center, together with five (5) ornamental trees and four (4) deciduous trees scattered within every one hundred twenty (120)linear feet of berm. The deciduous trees shall have a minimum DBH of 2-3 inches. A sidewalk shall be installed along the 96th Street frontage south of the berm. Construction of the berm shall commence contemporaneously with the initial site development for the Real Estate and will be finished contemporaneously with or prior to completion of the first building. ., Plantinq Strip. The primary landscaping materials used in the planting strip areas and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100)linear feet will be designated for the planting strip areas which includes' Three (3) shade trees; or, Six (6) ornamental trees or six (6) conifer trees. .. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the followin, g specifications' a,, Shade Trees' Ali shade trees shall have a minimum DBH of two (2)inches, a minimum height of eight (8) feet, and a branching height of not less than ~/~ nor more than ¼ of tree height. b. Ornamental Trees: All ornamental trees shall have a minimum DBH of 1.75 inches, a minimum height of six (6) feet, and a branching height of not less than V~ nor more than ¼ of tree height. C,, Evergreen Trees' A minimum height of six (6) feet. d., Deciduous Shrubs: A minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. Evergreen Shrubs' A minimum height and spread of twenty- four (24) inches. Landscaping Installation and Maintenance. _?_ Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 1 Installation. All required landscaping for each phase of the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the final Certificate of Occupancy. , Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. , Chanqes After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alteratio, ns in landscaping may be approved by the Director in order to conform to specific site conditions. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Section 4.5 Parkinq Requirements. A. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. Bo Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building(s) C. The minimum number of parking spaces required shall be three and one-half (3-1/2) spaces for each one thousand ( 1,000 ) square feet of gross floor area. -8- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 D. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. Section 4.6 Liqhting Requirements. A,, A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting ("ADLS") approval petition. The site lighting plan shall include the layout, spread and intensity of all site lighting, including' . 2. 3. 4. 5. Parking lot and service/storage area lighting; Architectural display lighting; Security lighting; Lighting of pedestrian ways; and Landscape lighting. Bo Ali site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The height of light standards shall not exceed thirty (30) feet from the top of the fixture to the top of the pole base. The base of the pole shall not exceed two (2) feet in height. D. All exterior and street area lighting fixtures shall be of the "shoebox" variety which directs light downward. Any parking lot lighting or building lighting illumination emanating from the Real Estate development shall not exceed (i) 0.1 footcandle at the north right-of-way line of East 96th Street and at the eastern boundary of the Real Estate, and (ii) 0.3 foot candles at the western boundary of the Real Estate. Section 4.7 Siqns. Signs for accessory uses, accessory retail, accessory service commercial, and accessory supportive services shall be limited to lower level signs. A,, Upper Level Siqns. ,, Number & Type' The maximum number of Identification Signs permitted shall be two (2) wall signs for each building. ,, Maximum Sign Area' 90 square feet each. -9- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 ,, Location' The signs may be located on either the west, north or east facades. . Design' All walls signs shall consist of individual letters. . Illumination: Internal. . Sign Permit: Required. 7. Fees: Required. Lower Level Siqns. Number & Type' The maximum number of Identification Signs permitted shall be six (6) wall signs. , Maximum Sign Area' 60 square feet each. ,, Location' The signs may be located on either the west, south or east facades. The signs may only be located on the first floor facade. ,, Design' Ail walls signs shall consist of individual letters. ,, Illumination: Internal. ,. Sign Permit: Required. 7. Fees: Required. C,, Coileqe Hills Center Identification and Real Estate (Leasinq) Signs. . Number & Type' As approved by an ADLS Sign Program for College Hills. . Maximum Sign Area: As approved by an ADLS Sign_Program for College Hills. . Maximum Height of Sign: As approved by an ADLS Sign Program for College Hills. ,, Location' As approved by an ADLS Sign Program for College Hills. -10- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 Design' Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. , illumination: Internal or completely shielded. . Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. Sign Permit: Required. 9. Fees: Required. Do Other Provisions. Section 25.7.01 -"General Provisions" and 25.7.06- 25.7.09- "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel/Clay Township Sign Ordinance Z-302, are also incorporated by reference. CHAPTER 5.0 APPROVAL PROCESS. Section 5.1 Approval of ADLS. A. The Commission shall consider an ADLS approval petition for any building within College Hills. B. The ADLS approval request shall be a specific plan consisting of the architectural design of any buildings, landscaping, lighting, and signage for a site within the College Hills development. C,, The Commission shall approve the ADLS without conditions or approve with conditions. D. If there is a substantial alteration in the approved ADLS plans, review and approval of the amended plans by the Commission shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor and material alterations may be approved by the Director. E. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation imposed by this Ordinance or Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 5.2 Approval or Denial of the Development Plan. A. The Commission shall approve a Conceptual Development Plan (the"CDP"). S. The Director shall approve without conditions, approve with conditions, or disapprove the Final Development Plan (the "FDP") for any project within College Hills; provided, however, that the Director shall not unreasonably withhold or delay his/her approval of a FDP that is in substantial conformance to the CDP and is in conformance with the development requirements of this Ordinance. If the Director disapproves the FDP for any project within College Hills, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for hearing before the Commission. C. An amendment to a FDP which does not alter the use of any land may be reviewed and approved by the Director. D. The FDP shall be a specific plan for the develop.ment of all or a portion of the Real Estate that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building information. CHAPTER 6.0 DEFINITIONS AND VIOLATIONS. Section 6.1 General Rules of Construction; Definitions. A. General Rules of Construction' The following general rules of construction and definitions shall apply to the regulations of this Ordinance' ,. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. . Words used in the present tense include the past and'~uture tenses, and the future the present. . The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should"is a preferred requirement. -12- B,, Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 Definitions' . Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. o Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. ,, Alteration, Material: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. ,, Alteration, Minor: Any change to an approved plan of any type that involves the revision of less than ten percent (10%)of the plan's total area or approved materials. ,, Alteration, Substantial' Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. ~ . Antenna: A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni-directional antenna, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. o Architectural Plan: A plan for the construction of any building or structure designed by a qualified registered architect. . Automated Teller Machine (ATM): A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion o_f a customer identification card, password or similar device. . Board: The Carmel/Clay Board of Zoning Appeals. -13- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Draft: 01/19~2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 Buildinq: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intendod for human occupancy. Building or Structure, Front Line of: The line of the face of the building or structure nearest the South Section Line, not counting patios, terraces, etc. Buildinq Height: The vertical distance from the grade at the main entrance to the top of the parapet that comprises the majority of the perimeter of the building. Buildinq or Structure Setback Line: (Sometimes called a Building Line) The line nearest the front of and across the Real Estate establishing the minimum open space to be provided between the front line of a building or structure and the South Section Line. Cafeteria/Deli/Coffee Shop: An establishment located within the building(s) where food and drink is prepared, served and consumed pdmadly within the building(s) by the occupants of the building(s) and thoir ~uosts. Centerline: A line lying midway between the side lines of a street or alley right-of-way and/or pavement. Certificate of Occupancy: A certificate signed by the Director stating that the occupancy and use of land or a building or structure referred to thoroin complies with tho provisions of this Ordinanco. .City: The City of Carmel, Indiana. Commission' The Carmel/Clay Plan Commission. Common Area' Areas within a development that serve either a portion of or the entire development. (Example commo.~n area - signs, lighting, landscaping, maintenance shed, etc.) Conference Center: A meeting room provided as an amenity for, and made available to, all occupants of the building(s) and their guests. Council' The City Council of the City of Carmel, Indiana. -14- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 22. 23. 24. 25. 26. 27. 28. 29. 30. County: Hamilton County, Indiana. Development Plan, Final: A specific plan for the development of real property that is submitted for Commission approval showing proposed facilities, buildings and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and buildings information for a site. A development plan may include only parcels that are contiguous and not separated by the right-of-way of any highway in the state highway system. Development Plan, Conceptual: A general plan for the development of real property, that is submitted for Plan Commission approval showing proposed facilities, buildings and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building location(s). Development Requirements' Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a development plan. Diameter at Breast Heiqht (DBH): Diameter of the trunk measured at fifty-four (54) inches above grade. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. Dish' That part of the earth station shaped like a saucer or dish. Dish-Type Receivinq Antenna (Earth Station or Ground Station): A signal receiving device, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. Financial Institution: Any building wherein the primarY-occupation is concerned with such Federal or State regulated businesses as banking, savings and loans, loan companies and investment companies. -15- 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Draft: 01/19/2001 Revised: 03/0912001 Revised: 05/30/2001 Revised: 06/06/2001 Fitness Center: An exercise facility provided as an amenity for, and made available to, all occupants of the building(s). Floor Area Ratio (F.A.R.): The gross floor area of all stories of all buildings within the Real Estate divided by the total horizontal area within the Real Estate boundaries. Footcandle: A unit of illumination. It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. Front Yard: The side of the Real Estate which is adjacent to the 96~ Street right-of-way. Greenbelt: That portion of the front yard which is immediately adjacent and parallel to the right-of-way of 96th Street and having a minimum depth of thirty (30) feet. Greenbelt Buffer: That portion of the Real Estate which abuts the south perimeter of the development and which is designed specifically to provide a buffer and visual screen to adjacent residential land. Gross Floor Area (Construction Area): The floor area, excluding any penthouse areas, as measured by the face of the exterior building material. HVAC: Heating, ventilation and air conditioning equipment. Landscaped Green Area' An area which includes live plantings other than grass. The size of planting at the time of installation shall not be less than a minimum of eighteen (18) inches in width and height for shrubs, a minimum of four (4) to five (5) feet in height for evergreen conifer trees, and a minimum of six (6) to eight (8) feet in height for shade trees. Landscaping: The improvement of the Real Estate'~ith grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. Draft: 01/19~2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. .Lot: A portion of the Real Estate intended as a unit for transfer of ownership or development. Lower Level Siqn' A sign located on a building facade below a height of twenty-six (26) feet, measured from grade level. Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, including but not limited to professional offices, business or personal service offices, financial institution offices, sales offices, real estate offices, and governmental offices. Parcel Coveraqe: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18)inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. Parkinq Space: An area having a rectangular area of not less than one hundred eighty (180) square feet and a minimum width of nine (9) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile. Photocopying and Duplicating Devices' A facility providing reproduction, cutting, printing, binding, etc. of written materials, drawings, labels, etc. for occupants of the building(s). Plantinq Strip: A section of land not less than ten (10) feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities. Pond: A body of water either occurring naturally or artificially created and not fed by any watercourse. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. Receiver: A television set, radio, communication device or data input device that utilizes the signals from the earth station. -l?- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 51. Right-of-Way: An area of land permanently dedicated to provide light, air and access. 52. Setback: The least measured distance between a building or structure and the Section Line, the side property line of the Real Estate or the rear property line of the Real Estate. 53. Sign' Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. 54. South Section Line: The South Line of the Southwest Quarter of Section 12, Township 17 North, Range 3 East. 55. Story_: That part of any building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. 56. Street: A right-of-way, other than an alleY, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. 57. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. 58. Upper Level Siqn' A sign located on a building facade above a height of twenty-six (26) feet, measured from grade level. 59. Use: The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. Section 6.2 Violations of Ordinance. All violations of this Ordinance sha!!._be subject to Section 34.0'of the Carmel/Clay Zoning Ordinance. (Signature Page Follows) -18- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 PASSED by the Common Council of the City of Cannel, Indiana this~ ., 2001, by a vote of ayes and nays. day of COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer John R. Koven Kevin Kirby, President Pro Tempore N. L. Rundle Robert Battreall Luci Snyder Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this ,2001, at .M. day of Diana L. Cordray, IAMC, Clerk-Treasurer -19- Draft: 01/19/2001 Revised: 03/09/2001 Revised: 05/30/2001 Revised: 06/06/2001 Approved by me, Mayor of the City of Cannel, this 2001, at .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared By: Charles D. Frankenberger, NELSON & FRANKENBERGER, 3021 East 98th Street, Suite 220, Indianapolis, Indiana 46280. C:\WINNTXProfiles\sbg\Temporary Intemet Files\OLK2WUD Clean 6-6-01 FINAL VERSION.wpd -20- P~A=R=K~W~O=O D C A R M E E ~A!$ ~T L , N i 9 AU~$T 2 ~ ~ ~ D C~R=O ~S=S ~I ~N~G I A N A ,0 P~A.R~K.W-O~O.D EA~S T C R~O.S~SoI.N~O I CSO CARMEL. INDIANA ~t_ \\\ \\\\ \\\ \ \\\ \\\~:~\ \\\ \ \\\ \\\\ \\\ \ ~ \\\ \\\ \ \\\ \\\\ \'~ ~llllllllllllllllllll~lllllllllllllllll~dllll IIIIIIIIII1~ I WA L L HO UN TED $ / ~ N A T THIS L OCA T/ON. NO T TO _~XC_K_~D 6 0 SFT. 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