HomeMy WebLinkAboutPacket #4 redline amended 09-06-13
Sponsors: Councilor __________
CARMEL, INDIANA
ATAPCO REDEVELOPMENT
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-____-13
April 13, 2013
Amended September 6, 2013
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions and Rules of Construction .......................................................................... 4
Section 3. Accessory Buildings and Uses ....................................................................................... 8
Section 4. Residential Use Block ..................................................................................................... 8
Section 5. Office and Residential Use Block.. ................................................................................. 9
Section 6. Office and Commercial Use Block ............................................................................10
Section 7. Landscaping Requirements ........................................................................................11
Section 8. Lighting Requirements ..............................................................................................18
Section 9. Signage Requirements ...............................................................................................19
Section 10. Parking Requirements ...............................................................................................20
Section 11. Pedestrian Circulation ...............................................................................................22
Section 12. Use Limitations ............................................................................................................. 23
Section 13. Additional Requirements and Standards ...................................................................... 23
Section 14. Declaration(s) of Covenants .....................................................................................26
Section 15. Procedural Provisions ...............................................................................................26
Section 16. Controlling Developer’s Consent .............................................................................27
Section 17. Violations and Enforcement .....................................................................................28
Section 18. Exhibits
Exhibit A. Legal Description
Exhibit B. Concept Plan
Exhibit C. Use Block Map
Exhibit D. Use Table
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Exhibit E. Development Standards Matrix
Exhibit F. Architectural Standards
Exhibit G. Conceptual Character Imagery – Residential Use Block
Exhibit H. Conceptual Character Imagery – Office and Residential Use Block
Exhibit I. Conceptual Character Imagery – Office and Commercial Use Block
Note: All of the above Exhibits (A-I) are attached to this Atapco Redevelopment Ordinance, are
incorporated by reference into this Atapco Redevelopment Ordinance and are part of this Atapco
Redevelopment Ordinance.
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Sponsors: Councilor __________
ORDINANCE Z-___-13
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE ATAPCO REDEVELOPMENT
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the “Zoning Ordinance”), provides for the establishment of a Planned Unit Development
District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and
WHEREAS, the Plan Commission has given a _____________ recommendation to this
PUD district ordinance (the “Atapco Redevelopment Ordinance”), which establishes the Atapco
Redevelopment Planned Unit Development District (the “Atapco District”) with respect to the
real estate legally described in Exhibit A (the “Real Estate”).
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7-
4-1500 et seq., the Council adopts this Atapco Redevelopment Ordinance, as an amendment to
the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this
Atapco Redevelopment Ordinance and its exhibits are hereby made inapplicable to the use and
development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real
Estate shall be null and void and replaced and superseded by this Atapco Redevelopment
Ordinance, and (iv) this Atapco Redevelopment Ordinance shall be in full force and effect from
and after its passage and signing.
Section 1. Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as the Atapco District.
Section 1.2 Development in the Atapco District shall be governed entirely by (i) the
provisions of this Atapco Redevelopment Ordinance and its exhibits, and (ii) those
provisions of the Zoning Ordinance specifically referenced in this Atapco Redevelopment
Ordinance. In the event of a conflict or inconsistency between this Atapco
Redevelopment Ordinance and the Zoning Ordinance, the provisions of this Atapco
Redevelopment Ordinance shall apply.
Section 2. Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the Atapco Redevelopment Ordinance:
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A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word “shall” indicates a mandatory requirement. The word “may”
indicates a permissive requirement.
Section 2.2 Definitions. The definitions (i) of the uses set forth in Exhibit D (Use
Table), unless otherwise defined below in this Section 2.2, shall be the same as set forth
in the Zoning Ordinance, (ii) of the capitalized terms set forth below in this Section 2.2,
as they appear throughout this Atapco Redevelopment Ordinance, shall have the
meanings set forth below in this Section 2.2 and (iii) of all other capitalized terms
included in this Atapco Redevelopment Ordinance and not defined below in this Section
2.2, shall be the same as set forth in the Zoning Ordinance.
Amenity Area: An area containing recreational facilities including, without
limitation, any one or a combination of the following: (i) a swimming pool, (ii) a
bath house with changing rooms and storage, (iii) recreational equipment, (iv)
tennis court, (v) basketball court, (vi) bocce ball court, (vii) indoor and/or outdoor
workout areas, (viii) pedestrian walking trails and (ix) any other recreational
facilities approved by the Director.
Apartment. A Dwelling intended primarily for rental.
Architectural Standards: The Architectural Standards attached hereto and
incorporated herein by reference as Exhibit F (Architectural Standards).
Block(s): Any one or any combination of (i) the Residential Use Block, (ii)
Office and Residential Use Block, and the (iii) the Office and Commercial Use
Block as depicted on Exhibit C (Use Block Map) or as context requires. The
Residential Use Block and the Office and Commercial Use Block may be
enlarged or reduced by up to fifteen percent (15%); provided, however, that the
maximum number of Apartments specified in Section 12 below shall remain
unaffected. Notwithstanding the above restriction, the Office and Commercial
Use Block may be enlarged to occupy up to and including the entire Residential
Use Block.
Building: A structure having a roof supported by columns and walls, for the
shelter, support, enclosure or protection of persons, animals, chattel, or property.
When separated by party walls, each portion of a Building may be considered a
separate Building.
BZA: The Carmel Board of Zoning Appeals.
City: The City of Carmel, Indiana.
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Concept Plan: The Concept Plan attached hereto and incorporated herein by
reference as Exhibit B (Concept Plan). The Concept Plan conceptually illustrates
one of the many possible layouts of the internal drives, Building areas, Buildings,
and parking areas permitted by this Atapco Redevelopment Ordinance. Subject to
the definition of Block(s) above, the Concept Plan is conceptual and preliminary,
only, and the final site plan(s) shall comply with the Development Requirements
but may vary from the Concept Plan in all respects and, as such, by way of
example only and not by way of limitation, use areas may vary and the size,
location, and configuration of walkways, drives, building pads, landscape areas
and parking areas may change.
Conceptual Character Imagery: These comprise the elevations and renderings,
attached hereto as Exhibit G, Exhibit H and Exhibit I, and are intended to
generally and conceptually illustrate an application of the Development
Requirements and elements of the anticipated character of the Atapco District.
Conceptual Character Imagery are general and preliminary in nature and are not
intended to delineate exactly what will be built and developed. For instance, final
Buildings designs will comply with the Architectural Standards but will likely
vary from the Conceptual Character Imagery of Buildings.
Controlling Developer: The Controlling Developer shall mean Atapco Carmel,
Inc. The rights of the Controlling Developer may be transferred by the
Controlling Developer, in its sole discretion, in whole or in part, but only by a
written instrument, signed by the Controlling Developer.
Cultural / Entertainment Uses: The uses identified on Exhibit D (Use Table)
under the heading of Cultural / Entertainment Uses.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions, if any, applicable to the Real Estate, or any portion thereof, which
may be prepared and recorded by the Controlling Developer in its discretion in
the office of the Recorder of Hamilton County, Indiana, and which may, from
time to time, be amended.
Development Plan (“DP”): A specific plan for the development of the Real
Estate, or any portion thereof, which is submitted for approval, showing proposed
locations of facilities, Buildings, and Structures.
Development Requirements: Written development standards and any written
requirements specified in this Atapco Redevelopment Ordinance, which must be
satisfied in connection with the approval of a Development Plan.
Development Standards Matrix: Exhibit E (Development Standards Matrix)
identifying the bulk requirements applicable to each Block.
Home Occupation: An Accessory Use conducted in an Apartment that is clearly
incidental and secondary to the use of the Apartment for dwelling purposes.
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Non-residential Building: Any Building the ground floor level of which is
occupied primarily by uses other than residential uses identified in Exhibit D (Use
Table) and accessory uses thereto.
Office and Commercial Use Block: What is identified on Exhibit C (Use Block
Map) as the “Office and Commercial Use Block”.
Office and Residential Use Block: What is identified on Exhibit C (Use Block
Map) as the “Office and Residential Use Block”.
Office Building: Any Building, occupied primarily by any Office Uses, other
than a sales/rental office for the sales and/or rental of Apartments.
Office Uses: The uses identified on the Use Table under the heading of Office
Uses.
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Parking Space(s): An area, unenclosed or enclosed in a Building or in an
Accessory Building, permanently reserved for the temporary storage of one
automobile and connected with a street or alley.
Plan Commission: The City’s Plan Commission.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Residential Building: Any Building, occupied primarily by any residential uses
identified in Exhibit D (Use Table).
Residential Use Block: What is identified on the Exhibit C (Use Block Map) as
the “Residential Use Block”.
Retail & Service Uses: The Uses identified on the Exhibit D (Use Table) under
the heading of Retail & Service Uses.
Sign: Any type of sign as further defined and regulated by this Atapco Ordinance
and Section 25.07: Sign Ordinance of the Zoning Ordinance. Any structure,
fixture, placard, announcement, declaration, device demonstration or insignia
used for direction, information, identification or to advertise or promote any
business, product, goods, activity, services or any interests.
Subdivision Control Ordinance: The City’s Subdivision Control Ordinance, No.
Z-160, as amended.
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Tree Preservation Area: The area which is geographically located as described in
Section 7.9 and which is subject to the standards identified in Section 7.9 B –
7.9.G of this Atapco Redevelopment Ordinance.
Use Block Map: The Use Block Map attached hereto and incorporated herein by
reference as Exhibit C (Use Block Map) illustrating the Residential Use Block,
the Office and Residential Use Block, the Office and Commercial Use Block.
Use Limitations: The limitations included under Section 12 of this Atapco
Redevelopment Ordinance.
Use Table: The Use Table attached hereto and incorporated herein by reference
as Exhibit D (Use Table) identifying the Blocks and the uses permitted within
each Block.
Zone Map: The City’s official Zone Map corresponding to the Zoning Ordinance.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the Zoning Ordinance shall be permitted in the Atapco Redevelopment District;
provided, however, that (i) any detached Accessory Structure shall have on all sides the same
architectural features and construction materials, and be architecturally compatible with the
principal Building(s) with which it is associated and (ii) all Antennas shall be either concealed or
camouflaged by Building parapet walls, mechanical screens, or other design methods.
Section 4. Residential Use Block. This Block is located on the west side of Clark Street,
north of Carmel Drive and south of City Center Drive as depicted on Exhibit C (Use Block Map)
and primarily includes Apartments and an Amenity Area.
Section 4.1 Permitted Uses:
A. Permitted uses within this Block are specified in Exhibit D (Use Table).
B. Amenity Area
C. There shall be no more than two hundred and eighty-four (284) Apartments
permitted within the Residential Use Block.
Section 4.2 Development Requirements:
A. Applicable bulk requirements are contained within Exhibit E (Development
Standards Matrix).
B. Applicable landscaping requirements are contained in Section 7 of this Atapco
Redevelopment Ordinance.
C. Applicable lighting requirements are contained in Section 8 of this Atapco
Redevelopment Ordinance.
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D. Applicable signage requirements are contained in Section 9 of this Atapco
Redevelopment Ordinance.
E. Applicable parking requirements are contained in Section 10 of this Atapco
Redevelopment Ordinance.
F. Applicable pedestrian circulation standards are contained in Section 11 of this
Atapco Redevelopment Ordinance.
G. Applicable additional requirements and standards are contained in Section 13
of this Atapco Redevelopment Ordinance.
Section 4.3 No provisions of this Atapco Redevelopment Ordinance shall prevent
development within this Block from being combined and/or coordinated with property
within the Office and Commercial Use Block, provided that a DP is approved including
such property.
Section 4.4 An Amenity Area shall be provided within this Residential Use Block.
Section 4.5 The applicable Architectural Standards are contained within Exhibit F
(Architectural Standards).
Section 4.6 The Conceptual Character Imagery of Building Architecture and a possible
view in the Use Block is contained within Exhibit G (Conceptual Character Imagery –
Residential Use Block).
Section 5. Office and Residential Use Block. This Block is located on the south side of
Carmel Drive, east of Guilford Road as shown on Exhibit C (Use Bock Map) and (i) may contain
a mix of Apartments, Office Buildings, Retail & Service Uses and Cultural / Entertainment Uses.
Section 5.1 Permitted Uses:
A. Permitted uses are specified in Exhibit D (Use Table).
B. Amenity Area
C. There shall be no more than one hundred and ten (110) Apartments permitted
within the Office and Residential Use Block.
D. Only Residential Buildings shall be within one-hundred (100) feet of real
estate zoned R-1 Residential.
Section 5.2 Development Requirements:
A. Applicable bulk requirements are contained within Exhibit E (Development
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Standards Matrix).
B. Applicable landscaping requirements are contained in Section 7 of this Atapco
Redevelopment Ordinance.
C. Applicable lighting requirements are contained in Section 8 of this Atapco
Redevelopment Ordinance.
D. Applicable signage requirements are contained in Section 9 of this Atapco
Redevelopment Ordinance.
E. Applicable parking requirements are contained in Section 10 of this Atapco
Redevelopment Ordinance.
F. Applicable pedestrian circulation standards are contained in Section 11 of this
Atapco Redevelopment Ordinance.
G. Applicable additional requirements and standards are contained in Section 13
of this Atapco Redevelopment Ordinance.
Section 5.3 The applicable Architectural Standards are contained within Exhibit F
(Architectural Standards).
Section 5.4 The Conceptual Character Imagery of Building Architecture and possible
view corridors is contained within Exhibit H (Conceptual Character Imagery – Office and
Residential Use Block).
Section 6. Office and Commercial Use Block. This Block is located on the east side of
Guilford Road, between Carmel Drive and City Center Drive, as shown on Exhibit C (Use Block
Map) and consists primarily of Office, Retail & Service Uses and Cultural / Entertainment Uses
located in multi-story buildings.
Section 6.1 Permitted Uses:
A. Permitted uses are specified in Exhibit D (Use Table).
B. There shall be no more than fifty-two (52) Apartments permitted within the
Office and Commercial Use Block.
Section 6.2 Development Requirements:
A. Applicable bulk requirements are contained within Exhibit E (Development
Standards Matrix).
B. Applicable landscaping requirements are contained in Section 7 of this Atapco
Redevelopment Ordinance.
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C. Applicable lighting requirements are contained in Section 8 of this Atapco
Redevelopment Ordinance.
D. Applicable signage requirements are contained in Section 9 of this Atapco
Redevelopment Ordinance.
E. Applicable parking requirements are contained in Section 10 of this Atapco
Redevelopment Ordinance.
F. Applicable pedestrian circulation standards are contained in Section 11 of this
Atapco Redevelopment Ordinance.
G. Applicable additional requirements and standards are contained in Section 13
of this Atapco Redevelopment Ordinance.
Section 6.3 The applicable Architectural Standards are contained within Exhibit F
(Architectural Standards).
Section 6.4 The Conceptual Character Imagery of Building Architecture and possible
view corridors in the Use Block is contained within Exhibit I (Conceptual Character
Imagery – Office and Commercial Use Block).
Section 7. Landscaping Requirements.
Section 7.1. General Landscaping Standards. Landscaping shall be integrated with,
and compliment other functional and ornamental site design elements, such as hardscape
materials, paths, sidewalks, fencing, or any water features.
A. Plantings along Buildings and streets shall be designed with patterns, and
complementary textures and colors, to reinforce the overall character of the
area. Alternate or pervious paving material and alternative planting media is
required in areas where planting space is limited by restrictions such as
Buildings, asphalt or concrete paving, parking lots, and so on. This may
include but is not limited to portable planters and/or raised planting beds.
B. All trees, shrubs and ground covers shall be planted according to American
Standard for Nursery Stock (ANSI Z60.1), and following the standards and
best management practices (BMPs) published by the City’s Urban Forestry
Section. Landscaping materials shall be appropriate for local growing and
climatic conditions. Plant suitability, maintenance and compatibility with site
construction features are factors that shall be addressed. The City’s planting
details shall be used.
C. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental
trees shall be at least 1.5 inches caliper when planted. Evergreen trees shall be
at least 6 feet in height when planted and can be substituted for (in place of)
shrubs with 1 evergreen tree equal to 3 shrubs. Shrubs shall be at least 18
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inches in height when planted. Ornamental grasses that obtain a mature height
of at least 3 feet may be substituted (in place of) shrubs on a 1 to 1
(equivalent) basis. Shade trees may be substituted for (in place of) ornamental
trees on a 1 to 1 (equivalent) basis. The preservation of existing plant material
is subject to the same size and substitution requirements note in this Section
7.1.C.
D. Existing vegetation may be used to achieve project landscaping requirements
if (i) the vegetation located on subject parcel is of suitable quality and health,
(ii) the vegetation is required to be preserved using accepted best management
practices (BMP’s) for tree protection during construction and (iii) the
vegetation is identified on an approved landscape plan as used to achieve
project landscaping requirements. Replacement of existing plant material
included on an approved landscape plan used to achieve project landscaping
requirements that later dies shall be subject to the same replacement standard
as proposed landscape material.
E. All landscaping approved as part of an ADLS plan shall be installed prior to
issuance of the first Certificate of Occupancy for a Building with an approved
ADLS; provided, however, that when because of weather conditions, it is not
possible to install the approved landscaping before the issuance of a
Certificate of Occupancy, the property owner shall request a temporary
Certificate Of Occupancy which shall be conditioned upon a determined time
to complete the installation of the uninstalled landscape material.
F. All landscaping is subject to ADLS approval. No landscaping which has been
approved by the Plan Commission may later be substantially altered,
eliminated or sacrificed without first obtaining further approval from the Plan
Commission or a committee thereof. However, minor alterations of up to ten
(10) percent landscaping may be approved by the Director or the Director’s
designee in order to conform to specific site conditions.
G. Low maintenance plantings (i.e. low mow turf, low stature prairie plantings,
etc.) may be used to minimize mowing in large open areas as the area is
anticipated to develop over time.
Section 7.2. Areas to be Landscaped.
A. Perimeter Buffering. See Section 7.3 below.
B. Street Trees. See Section 7.4 below.
C. Foundation Plantings. See Section 7.5 below.
D. Parking Lot Plantings. See Section 7.6 below.
E. Screening Areas. See Section 7.7 below.
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F. Storm Water Retention Ponds. See Section 7.8 below.
G. Tree Preservation Areas. See Section 7.9 below.
H. Additional Plantings. See Section 7.10 below.
Section 7.3. Perimeter Buffering.
A. Perimeter landscaping along the property lines shall be provided in the form
of (i) a minimum forty (40) foot perimeter buffer for portions of the Real
Estate perimeter abutting real estate zoned R-1 Residential and (ii) no
perimeter buffer is required along the perimeter of the Real Estate other than
required in Section 7.3.A(i) above.
B. Five (5) shade trees, five (5) ornamental trees, and twenty-seven (27) shrubs
per 100 linear feet) shall be provided within the perimeter buffer abutting real
estate zoned R-1 Residential.
C. Required perimeter buffer plantings may be grouped to allow a more natural
planting scheme, where appropriate, and required buffer plantings may be
computed as an average across the total linear footage of frontage. However,
no tree shall be further than fifty (50) feet from any other tree.
D. No perimeter buffering internal to the Atapco District shall be required within,
or between, the Use Blocks of the Atapco District.
E. All perimeter buffer plantings within the Office and Residential Use Block
adjacent to real estate zoned R-1 Residential shall be installed at the time of
construction of the first building constructed within said Use Block.
Section 7. Street Trees.
A. Large growing shade trees shall be planted within public street right-of-way,
parallel to each street, in planting strips. Street trees shall be planted a
minimum of twenty-five (25) feet and a maximum of forty (40) feet on center
and are not required to be evenly spaced.
B. Per City standards, no street trees shall be planted in conflict with drainage or
utility easements or structures and underground detention (unless so designed
for that purpose), or within traffic vision safety clearances. However, where
the logical location of proposed utilities would compromise the desired effect,
the Controlling Developer may solicit the aid of the City’s Urban Forester in
mediating an alternative.
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C. Street tree species shall be selected from the City’s published list of
recommended street trees. Street trees shall be pruned to a minimum height of
eight (8) feet over sidewalks and twelve (12) feet over streets, to allow free
passage along sidewalks and streets.
D. Street trees shall be planted on the back (non-street side) of the sidewalk or
path if the planting strip between the street and sidewalk/path is not of
adequate width to allow for the required street trees. The adequate minimum
width along Clark Street shall be five (5) feet and eight (8) feet along all other
public streets.
Section 7.5. Foundation Planting Standards. Building base landscaping shall be
provided at the base of all Building elevations that do not directly abut hardscapes, to
enhance the architectural lines of Buildings, frame the primary views to Buildings and
public spaces, and blend architectural designs with the landscape. Foundation plantings
shall be designed to appropriately complement a Building’s use, setback, height, and
architectural features.
A. With respect to Non-residential Buildings, a planting area equal to an area five
(5) feet in depth from the Building perimeter shall be installed on all sides of
Building(s).
B. Within the foundation planting areas required in Section 7.5(A) above the
following shall apply:
1. The primary landscape materials used shall be shrubs, ground cover, and
ornamental grasses.
2. Sidewalks, plazas and/or terraces may be permitted in foundation
planting areas, but shall not occupy more than thirty (30) percent of the
entire planting area on any one side of the Building(s).
3. If an approach driveway or sidewalk cuts into a foundation planting
area, the plant material displaced by the driveway or sidewalk shall be
added to the Building perimeter planting on any side of the building.
4. Outdoor dining, drive-thru lanes, service areas and sidewalk within ten
(10) feet of the public right-of-way or a drive aisle shall be deducted
from the overall length of the Building perimeter prior to calculating the
required foundation planting area.
5. Foundation planting areas need not be rectangular in shape as long as the
required area is landscaped; in other words, undulating, innovative and
original designs are required.
C. With respect to all Residential Buildings:
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1. A planting area equal to an area five (5) feet in depth from the Building
perimeter shall be installed along the Building frontage on a public street
right-of-way. Four (4) shade trees, one (1) ornamental tree, and twenty-
five (25) shrubs shall be planted per 100 linear feet of Building
perimeter in this area.
2. A planting area equal to an area five (5) feet in depth from the Building
perimeter shall be installed along the Building frontage not on public
street right-of-way and not occupied by garage doors. Two (2) shade
trees, one (1) ornamental tree, and fifteen (15) shrubs shall be planted
per 100 linear feet of Building perimeter in this area.
Section 7.6. Parking Lot Plantings.
A. Lot interior. A minimum of one (1) shade tree and five (5) shrubs per fifteen
(15) Parking Spaces shall be provided and the following standards shall also
apply:
1. A minimum of four hundred (400) square feet of useable soil area shall
be provided for every two (2) trees.
2. Planting islands shall be a minimum of nine (9) feet wide.
3. Larger landscape islands and thereby resulting in fewer islands are
encouraged to provide greater soil volumes.
B. Lot Perimeter. A minimum five foot (5’) wide perimeter planting strip shall be
provided on all sides of a parking lot within fifty feet of the public right-of-
way) or within fifty feet of the Perimeter of the Real Estate (except where
parking areas abut curb-to-building sidewalk) and the following standards
shall apply:
1. The area shall contain four (4) shade trees and thirty (30) shrubs and/or
ornamental grasses per one hundred (100) lineal feet of planting strip.
2. Low walls or berms (a minimum of thirty (30) inches in height) may be
used in lieu of fifty (50) percent of the required plantings.
3. Perimeter planting may occupy the same area as a required perimeter
buffering but shall not be counted towards buffer planting requirements;
provided, however that in areas where there exists a combination of
buffer plantings and parking lot perimeter plantings, the required
number of plantings shall not exceed ten (10) trees and forty (40) shrubs
per one hundred (100) lineal feet.
4. Parking lot plantings shall not be evenly spaced.
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5. In areas where the parking lot perimeter is in excess of fifty (50) feet
from the street right-of-way or Real Estate perimeter a 5’ planting strip
shall be provided and planting shall include two (2) shade trees and
fifteen (15) shrubs and/or ornamental grasses per one hundred (100)
lineal feet of planting strip.
Section 7.7. Screening Areas. Screening and landscaping shall prevent direct views of
loading areas, ground mounted mechanical/telecommunication equipment and other
service areas from adjacent residential properties or from the public right-of-way.
Screening and buffering shall be achieved through walls, fences and landscaping, shall be
a minimum of five feet tall, and shall be visually impervious. Recesses in the Building or
depressed access ramps may also be used.
Section 7.8. Storm Water Retention Ponds. Storm water retention ponds will be
designed in a non-geometrical in shape with an undulating perimeter. The primary
landscaping materials used adjacent to ponds shall be native aquatic shoreline species,
trees, shrubs, ground covers, and ornamental grasses appropriately sited for a natural
rather than engineered appearance utilizing primarily native plants. In addition storm
water management methods including rain gardens, bioswales and/or other LID (Low
Impact Design) practices shall be permitted within all landscape areas required under this
Section 7.
Section 7.9. Tree Preservation Areas. A tree preservation area a minimum of thirty
(30) feet in width shall be provided adjacent to real estate zoned R-1 Residential subject
to the following provisions.
A. Tree Preservation Areas shall be delineated as part of Development Plan
approval.
B. The following best management practices shall be implemented:
1. Removal of invasive species (e.g., bush honeysuckle) where appropriate.
(If the application of herbicide treatment after removal of invasive
species to prevent them from growing back should occur, then such
applications should be done under the oversight of a professional.)
2. Removal of an overabundance of combustible material (e.g., dead, fallen
trees and leaves).
3. Removal of vines growing on and up a tree when tree growth is affected.
4. Completing all maintenance activities following industry standard using
the latest American National Safety Institute (ANSI) Z-133 and A-300
approved practices and methods.
C. The following types of activities shall be permitted:
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1. Planting of native trees, pursuant to the Indiana Native Tree List
provided by the City’s Urban Forester.
2. Removal of hazardous, exotic and invasive vegetation, pursuant to the
Indiana Exotic and Invasive Plant List provided by the City’s Urban
Forester.
3. Removal of trees directed to be removed by municipal, county, state or
federal authority.
4. Installation of access easements, rights-of-way, streets, paths, trails,
sidewalks, utilities and drainage improvements, and minor pedestrian
area improvements (e.g., benches, trash receptacles, creek overlook
areas). Community Amenities may be permitted upon review and
approval by the City’s Urban Forester. If appropriate and where
feasible, said improvement areas should be limited to perpendicular
crossings across Tree Preservation Areas and/or excluded from
delineated Tree Preservation Areas.
D. The following types of activities shall not be permitted unless otherwise
approved by the City’s Urban Forester:
1. Removal of living vegetation other than exotic and invasive vegetation
and hazardous trees except to accomplish items listed in Section
12.5(B)(iv) of this Ordinance.
2. Mowing any portion of the existing, naturally vegetated Tree
Preservation Area, except for along trails, points of access or gathering
points.
3. Dumping of leaves or debris from areas other than the Tree Preservation
Area.
4. Seeding; including grass seed, prairie mix seed, sod or the planting of
any type of vegetation garden unless otherwise approved by the City’s
Urban Forester.
5. Activities that adversely impact the health, structure or integrity of a
designated Tree Preservation Area, including, but not limited to: active
recreational activities requiring the placement of playground equipment,
paving for basketball or tennis courts and swimming pools.
E. Tree Preservation Areas must be easily and permanently identifiable as a Tree
Preservation Area through permanent signage posted every five hundred (500)
feet around the perimeter of all tree preservation areas. The design and
location of such signs shall be coordinated with the City’s Urban Forester.
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F. Barriers shall be used to protect Tree Preservation Areas during site
development. Barriers shall be specified on landscape plans and shall be
placed beyond the preserved trees dripline, in accordance with the tree
preservation details provided by the City’s Urban Forester. Such barriers shall
remain in place during the site’s construction activity.
G. The Urban Forester shall be contacted for any disputed activity within the
Tree Preservation Area. The Urban Forester shall provide resolution to
disputed activity, which may include (i) removal of trees that are a host to an
aggressive, life threatening disease or pest that may pose a threat to the vitality
of the rest of the forest, (ii) mowing and bush-hogging and (iii) planting of
new or replacement trees.
Section 7.10. Additional Plantings. A minimum of twelve (12) evergreen trees and
twenty (20) shrubs shall be planted on the east side of Clark Street to replace dead or
removed plantings within the rear yards of lots abutting Clark Street within the Carmel
Station neighborhood to aid in the screening headlights and buffering of those lots from
Clark Street. If an agreement can’t be reached with individual property owners on the
placement of plantings on the subject lot(s) then the Controlling Developer shall seek that
approval of the City to install the plantings within the right-of-way of Clark Street. The
plantings noted n this Section 7.10 shall be installed prior to the issuance of a Certificate
of Occupancy for any building within the Residential Use Block.
Section 7.11. Maintenance. It shall be the responsibility of the owner(s), with respect
to any portion of the Real Estate owned by such owner(s) and on which any landscaped
area exists per the requirements of this Atapco Redevelopment Ordinance, to insure
proper maintenance of landscaping in accordance with the Atapco Redevelopment
Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree
trimming, planting, maintenance contracting, irrigation and mulching of planting areas,
(ii) replacing dead or diseased plantings with identical varieties or a suitable substitute,
and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Street trees
shall be maintained by the owner of the adjacent property.
Section 8. Lighting Requirements.
Section 8.1. Street Lights.
A. Street lighting, when provided on Clark Street, shall be confined to
intersections and vehicular access points on Clark Street.
B. Street lighting in public street right-of-way shall meet all applicable City
standards and be reviewed by the City.
Section 8.2. Site Lighting. All site lighting accessory to uses within the Real Estate
shall comply with the following standards.
A. All site lighting is subject to ADLS approval. No lighting which has been
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approved by the Plan Commission may later be substantially altered or
eliminated without first obtaining further approval from the Plan Commission
or a committee thereof. However, Minor Material Alterations of lighting may
be approved by the Director or the Director’s designee.
B. All site lighting shall be coordinated throughout the Real Estate and be of
uniform design and materials.
C. Exterior lighting of the Building or site shall be designed so that (i) light is not
directed off the site and (ii) the light source is shielded from direct offsite
viewing.
D. For any use abutting detached single-family residential uses, illumination
levels shall not exceed 0.3 foot candles at the property line. Building mounted
accent lighting typically placed at entrances of apartment buildings shall not
be subject to this provision.
E. Exterior lighting shall be architecturally integrated with the Building style,
material and color. Rooftop lighting is prohibited.
F. All exterior ground-mounted architectural, display and decorative lighting
shall be generated from concealed, low level fixtures.
G. Light fixtures in parking areas shall not exceed twenty-five (25) feet. The
height of light fixtures within ninety (90) feet of detached single-family
residential uses shall not exceed fifteen (15) feet.
H. Lighting in all parking areas serving non-residential uses shall be designed
and maintained so that it is reduced, to a lower level reasonably required for
security purposes, during the hours that the associated uses are not open for
business. For purposes of meeting this requirement (i) at least fifty (50)
percent of the site lighting will be turned off or (ii) light levels shall be
reduced by up to fifty (50) percent, during hours that the associated uses are
not open for business.
I. All building and pole mounted lighting fixtures shall have 90-degree cut off
and/or flat lenses. Building mounted accent lighting typically placed at
entrances and garages of apartment buildings shall be exempt from this
provision.
J. Ground mounted lighting fixtures are permitted within areas designated for
perimeter buffering except that lighting fixtures shall not be permitted within
tree preservation areas.
Section 9. Signage Requirements. All signage on the Real Estate shall comply with Chapter
25.7 of the Zoning Ordinance as revised, supplemented and amended by this Section 9 of the
Atapco Redevelopment Ordinance, subject to ADLS approval.
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Section 9.1. Incidental Signs (Signs less than three square feet in area and less than
three feet in height where ground mounted) shall be permitted and shall be of a number
approved by the Plan Commission as part of an ADLS.
Section 9.2. Ground mounted signs are permitted within areas designated for perimeter
buffering except that ground mounted signs shall not be permitted within tree
preservation areas.
Section 10. Parking Requirements.
Section 10.1. Automobile Parking.
A. Except as provided below in this Section 10, the requirements set forth in
Section 27.02, 27.03, 27.05 and 27.08 of the Zoning Ordinance shall apply in
computing the number of required Parking Spaces, and in determining the
location and design standards thereof.
B. One and one-half (1.5) spaces per dwelling unit are required. Parking Spaces
(i) within driveways (tandem spaces in front of garages) and (ii) within
garages shall count toward this requirement.
C. For all Retail & Service Uses and Cultural/Entertainment Uses four (4) spaces
per one thousand (1,000) square feet of Gross Floor Area are required.
D. For all Office Uses one (1) space per three hundred (300) square feet of Gross
Floor Area is required.
E. Parking within the Residential Use Block and Residential and Office Use
blocks shall be located behind the front building setback resulting in parking
either beside or behind buildings.
F. Parking within the Office and Commercial Use Block shall be limited to a
maximum of one row between the building and the street right of way
resulting in the vast majority of the parking either beside or behind the
buildings.
G. Off-street parking areas for two (2) or more different uses may be provided
collectively, as one parking area, so long as the total number of spaces
provided is not less than the total of the minimum required spaces for each
individual use; provided however that where it is established to the
Department’s satisfaction that adjacent buildings have uses that require
parking at complementary times of the day, or complimentary days of the
week, then the total number of shared Parking Spaces provided shall be less
than the total of the minimum number of spaces required for each individual
use.
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H. Combined parking shall be designed and constructed so as to create a
desirable, efficient, and well planned off-street parking area with functional
and aesthetic value, attractiveness and compatibility with adjacent land uses.
I. Adjacent/adjoining parking lots shall be interconnected by internal driveway
and coordinated to accommodate pedestrian access.
J. Paths within parking lots of more than one row shall be integrated to
accommodate pedestrians safely from parking areas to sidewalks, walkways
and/or Buildings(s). Such paths may be identified by striping only.
K. Above grade, structured parking facilities are permitted and shall have on all
exterior sides architectural features that are consistent with the principal
Building(s) with which they are associated.
L. Parking areas may be constructed without required curbs in areas necessary to
accommodate approved storm water management practices. The elimination
of curbing shall be subject to review and approval by the City’s Department of
Engineering to ensure that elimination of curbing is necessary for the proper
function of the proposed storm water treatment system. Parking bumpers will
be provided in instances where curbs are not present.
M. In parking structures a Parking Space may be (i) a minimum width of eight
and one-half feet, and one half of the area occupied by supporting columns
may be included in determining the width and area of each adjacent Parking
Space, (ii) a minimum opening width of seven and one-half feet and (iii) a
minimum height of seven (7) feet.
Section 10.2. Off-Street Loading and Service Area Requirements.
A. Off-street loading and service areas shall be required for office and
commercial uses on the Real Estate. The number, size, configuration and
distribution of these areas shall be as shown on an approved DP.
B. Loading docks, solid waste facilities, recycling facilities, and other service
areas shall be placed to the rear or side of Buildings.
C. Screening and additional requirements are addressed in Section 7.7 and
Section 13.1 of this Atapco Redevelopment Ordinance.
Section 10.3 Bicycle Parking and Building Amenities.
A. Bicycle parking shall be provided in compliance with Article 27.06 of the
Zoning Ordinance.
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B. Buildings with a Gross Floor Area of more than 50,000 non-residential
square feet shall contain a shower, changing and locker facility accessible
for employee use.
C. Buildings with a Gross Floor Area containing more than 15,000 non-
residential square feet shall provide covered, long term bicycle parking at
a rate of one space per 5,000 square feet of Building area with a maximum
cap of 20 covered spaces. Long term bicycle parking may include an
indoor storage area and /or exterior bicycle lockers, and shall be identified
on the final Development Plan.
D. Buildings including apartments shall provide covered, long term bicycle
parking at a rate of one space per garage and one-half space per apartment,
per building. Long term bicycle parking may include an indoor storage
area and /or exterior bicycle lockers, and shall be identified on the final
Development Plan.
Section 11. Pedestrian Circulation. Specific provisions for incorporating pedestrian and
bicycle access, circulation and amenities shall be included in the development of the Real Estate.
Section 11.1 Sidewalks and paths within public street right-of-way shall meet the
requirements of the Thoroughfare Plan and the Bicycle and Pedestrian Plan. This shall
include the replacement and/or upgrading of existing sidewalks and paths to meet the
standards in place at the time of Development Plan Approval.
Section 11.2 Sidewalks and paths and walkways shall be provided on both sides of all
public streets on the Real Estate and on both sides of all entrances to the Real Estate from
all public streets.
Section 11.3 Walkways shall be designed to allow pedestrians to access Buildings and
Amenity Areas, and shall connect to (i) sidewalks and paths within the pubic rights-of-
way along all streets abutting the perimeter of the Real Estate and (ii) sidewalks and
paths internal to the Real Estate.
Section 11.4 Walkways shall be provided on at least one side of all Non-residential
Buildings and shall provide access between rear parking areas and principal Building
entrances. The minimum width for such walkways shall be five (5) feet.
Section 11.5 Crosswalks shall be installed at strategic locations to facilitate safety
where pedestrian and vehicular conflicts exist.
Section 11.6 Pedestrian access shall be coordinated with and provided to adjoining
properties.
Section 11.7 A Pedestrian circulation plan will be submitted for the Atapco District at
the time the first Development Plan is submitted and will be updated as Development
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Plans are submitted in the future to ensure compliance with the requirements of this
Section 11.
Section 11.8 All sidewalks and paths, in the public right-o-way or on the Real Estate,
shall meet all applicable ADA requirements.
Section 12. Use Limitations.
Section 12.1 Permitted Retail Intensity. There shall be no more than 80,000 square feet
of Retail & Service Uses on the Real Estate.
Section 12.2 General Agriculture (Farm). This Use as identified as permitted on
Exhibit “D” shall be limited and restricted exclusively to the growing of crops.
Section 13. Additional Requirements and Standards.
Section 13.1. Refuse Storage. Any Accessory Building for storage or disposal of refuse
shall meet the following requirements:
A. Waste and recyclable materials, and, if applicable, grease or other cooking
refuse containers shall be fully enclosed on all four sides except for doors or
gates, which shall be kept closed unless loading or unloading.
B. The minimum height of an enclosure shall be the greater of (i) six (6) feet or
(ii) the height of the dumpster and/or container plus two (2) feet.
C. The enclosure shall be architecturally compatible with the principal Building
and integrated into the overall site layout.
Section 13.2. Premises Identification. Premises identification shall meet the
requirements of Article 25.14 of the Zoning Ordinance.
Section 13.3. Home Occupations. Home Occupations shall meet the requirements of
Article 25.18 of the Zoning Ordinance.
Section 13.4. Outdoor Storage. Outdoor Storage shall not be permitted on the Real
Estate.
Section 13.5. Outdoor Display. As an Accessory Use to the Primary Use, a business
shall be permitted to display goods or merchandise in conformance with the requirements
of Article 25.21 of the Zoning Ordinance.
Section 13.6. Temporary Uses. Temporary Uses, including Construction Facilities,
Model Homes, Outdoor Sales, Outdoor Special Events, Seasonal Outdoor Sales, shall be
permitted as set forth in Exhibit D (Use Table) and the applicable requirements of
Chapter 25 of the Zoning Ordinance.
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Section 13.7. Right-of-way widths.
A. The minimum half right-of-way widths shall be (i) forty-five (45) feet for
Guilford Road, (ii) fifty (50) feet for Carmel Drive, (iii) seventy (70) feet for
City Center Drive, and (iv) thirty (30) feet for Clark Street. The right-of-way
dedicated for Clark Street may differ from the minimum noted above in order
to accommodate the design of parking along the Clark Street perimeter of the
Real Estate.
B. Right-of-way required for (i) the construction of future round-a-bout
intersections at (i) Guilford Road and Carmel Drive and (ii) Guilford Road
and City Center Drive and shall be dedicated. The minimum area of
dedication shall be a one-hundred (150) foot radius at the intersection.
Section 13.8. Site Access and Road Improvement Requirements.
A. The number and configuration of vehicular access drives into the Real Estate
shall be provided as generally illustrated on the Concept Plan unless an
alternate number and configuration is approved by the City Engineer.
B. Access and roadway improvements will be made as the Real Estate is
developed based on the following phasing description:
1. Phase I of the proposed development is to consist of apartments as well as
retail and office. In order to identify when intersection improvements will
be necessary, Phase I was split into two separate phases, Phase IA and
Phase IB.
a. Phase IA (residential) will be north of Carmel Drive and includes 284
apartments as depicted on the Concept Plan.
b. Phase IB (commercial) will also be north of Carmel Drive and
includes office, retail and residential development as depicted on the
Concept Plan.
2. Phase II of the proposed development will be south of Carmel Drive and
will replace existing office buildings on the site. Phase II will consist of
multi‐family residential and office development as depicted on the
Concept Plan.
3. The substantial completion of roadway improvements shall be tied to the
issuance of final Certificates of Occupancy for the buildings noted within
each phase of development.
C. Details on Roadway Improvements:
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1. Guilford Road and Carmel Drive. East bound and west bound left‐turn
lanes shall be constructed in conjunction with Phase IB of the proposed
development.
2. Clark Street and Carmel Drive. An eastbound left‐turn lane shall be
constructed in conjunction with Phase IA. In addition, the southbound
approach shall be expanded to include an exclusive left‐turn lane and a
shared through/right‐turn lane when Phase IA is constructed. The
westbound left‐turn lane shall be constructed in conjunction with Phase II.
In addition, the northbound approach shall include an exclusive left‐turn
lane and a shared through/right‐turn lane when Phase II is constructed.
3. City Center Drive and Proposed Access A. This access drive will be
constructed when Phase IA of the proposed development is completed.
Proposed Access A will be a full access drive and will operate as a
one‐way stop controlled intersection with the proposed access stopping for
City Center. It will include an exclusive eastbound right‐turn lane and an
exclusive westbound left‐turn lane along City Center Drive. These turn
lanes should be constructed in conjunction with Phase IB. The drive itself
will consist of a single entering lane and two exiting lanes.
4. Clark Street and Proposed Access B. This access drive will be constructed
when Phase IA of the proposed development is completed. Proposed
Access B will be a full access drive and will operate as a one‐way stop
controlled intersection with the proposed access stopping for Clark. The
drive will consist of a single entering lane and two exiting lanes
5. Carmel Drive and Proposed Access C. The north approach to this access
drive will be constructed when Phase IA of the proposed development is
completed and the south approach will be constructed when Phase II is
constructed. Proposed Access C will be a right‐in/right‐out drive and will
operate as a two‐way stop controlled intersection with the proposed access
stopping for Carmel Drive. It will include an exclusive eastbound
right‐turn lane along Carmel Drive. This turn lane shall be constructed in
conjunction with Phase II. The drive will consist of a single entering lane
and a single exiting lane with a raised splitter island to prevent left‐turn
movements. In addition, a median will be constructed along Carmel Drive
to prevent left‐turn movements at this intersection.
6. Guilford Road and Proposed Access D. This access drive will be
constructed when Phase II of the proposed development is completed.
Proposed Access D will be a full access drive and will operate as a
one‐way stop controlled intersection with the proposed access stopping for
Guilford. The drive will consist of a single entering lane and a single
exiting lane.
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Section 13.9. Service Connection Screening. Mechanical equipment, gas meters, and
electric meters shall be screened in a manner consistent with Section 7.7 of this Atapco
Redevelopment Ordinance and shall be visually impervious. Recesses in Buildings
incorporating gates and other screening methods incorporated into the building design
shall meet all applicable building code requirements. Essential mechanical or utilitarian
rooftop appurtenances shall be screened on all sides, and upon the approval by the
appropriate authority, such items and their screening may be erected to the minimum
height appropriate unless prohibited by other laws or ordinances. Such appurtenances
shall be defined as, but not limited to cooling towers, elevator bulkheads, conveyors,
heating ventilation air conditioning equipment (HVAC), and rooftop stairway access
structures. Also see Section 7.7.
Section 14. Declaration(s) of Covenants and Owners Association(s). Declarations of
Covenant(s), if any, may be prepared by the Controlling Developer in its discretion and
recorded with the Recorder of Hamilton County, Indiana. There may be multiple
Declaration(s) of Covenants applicable to different portions of the Real Estate, and
multiple corresponding Owners’ Association(s). The Declaration(s) of Covenants may
establish an Architectural Review Board, which shall establish guidelines regarding the
design and appearance of all Buildings.
Section 15. Procedural Provisions.
Section 15.1. Approval or Denial of Plats.
A. With respect to any portion of the Atapco District, the platting into smaller
sections shall be permitted, but shall not be required in order to divide the
Real Estate into smaller areas for purposes of conveying title to a parcel or
creating separate tax parcels. Platting or otherwise dividing the Real Estate
into smaller parcels for the purpose of conveying title or creating separate tax
parcels shall not create property lines to which setback or any other standards
of this Atapco Redevelopment Ordinances, the Zoning Ordinance or the
Subdivision Control Ordinance shall be applied, provided that development of
the parcels conforms to an approved Development Plan.
B. All secondary plats for any portion of the Atapco District shall be approved
administratively by the Department, and shall not require a public hearing
before the Plan Commission, so long as the proposed secondary plat
substantially conforms to the corresponding approved primary plat.
Section 15.2. Approval or Denial of Development Plans and ADLS.
A. Development Plan (“DP”) and/or architectural design, exterior lighting,
landscaping and signage (“ADLS”) approval by the Plan Commission, as
prescribed in Chapter 24 of the Zoning Ordinance, shall be required prior to
the issuance of a building permit.
27
B. The Plan Commission shall review a DP application to determine if the DP
satisfies the Development Requirements specified within this Atapco
Redevelopment Ordinance.
C. If there is a Substantial Alteration in an approved DP/ADLS, review and
approval of the amended plans shall be made by the Plan Commission, or a
committee thereof, pursuant to the Plan Commission’s Rules of Procedure.
Minor Alterations may be approved by the Director.
D. The denial by the Director of any request for approval or application may be
appealed to the Plan Commission and the denial by the Plan Commission of
any request for approval or application may be appealed to the City Council.
Section 15.3. Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a waiver of any of the
dimensional and quantitative standards of this Atapco Redevelopment Ordinance, but not
by greater that fifteen percent (15%) of the specified standard. However, any approval of
such waiver is subject to all of the following criteria:
A. The proposal must be in harmony with the purposes and the land-use
standards contained in this Atapco Redevelopment Ordinance.
B. The proposal must enhance the overall development plan, the adjoining
streetscapes, and the overall Atapco District.
C. The proposal must not produce a site plan or street/circulation system that
would be impractical or detract from the appearance of the development plan
or the Atapco District, and must not adversely affect emergency access or
deprive adjoining residential properties of adequate light and air.
D. In granting a waiver, the Commission may impose such conditions that will,
in its judgment, secure the purposes of this Atapco Redevelopment Ordinance.
E. This Section does not affect the right of an applicant to petition the BZA for a
variance from development standards.
Section 15.4. Variance of Development Requirements: The BZA may authorize
Variances from the terms of the Atapco Redevelopment Ordinance, subject to the
procedure prescribed in Chapter 30 of the Zoning Ordinance.
Section 16. Controlling Developer’s Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or
approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by
way of example but not by limitation, none of the following may be obtained without the
approval and consent of the Controlling Developer:
A. Improvement location permits for any improvements within the Real Estate;
28
B. Sign permits for any Signs within the Real Estate;
C. Building permits for any Buildings within the Real Estate;
D. DP/ADLS, or primary or secondary plat approval for any part of the Real
Estate; and
E. Any text amendments, variances, modifications of development requirements
or other variations to the terms and conditions of this Atapco Redevelopment
Ordinance.
Section 17. Violations and Enforcement. All violations and enforcement of this Atapco
Redevelopment Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Exhibit “A” – Page 1 of 1
Exhibit “A”
(Legal Description)
TRACT 1
Block 8, Carmel Science and Technology Park, the plat of which is recorded in Plat Book 13,
Pages 76 – 77 in the Office of the Recorder of Hamilton County, Indiana
TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE:
TRACT 2
Lot 1 of the Replat of Block 13, Carmel Science and Technology Park, the plat of which is
recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County, Indiana
TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE:
TRACT 3
Lot 2 of the Replat of Block 13, Carmel Science and Technology Park, the plat of which is
recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County, Indiana
All of the Tracts above 1 thru 3 contain 34.13 acres, more or less.
Exhibit “B” Page 1 of 1
Exhibit “B”
(Concept Plan)
Exhibit “C” Page 1 of 1
Exhibit “C”
(Use Block Map)
P = Permitted
A = Accessory
"Blank" = Prohibited
Type of UseResidential
Office and
Residential
Office and
Commercial
Residential Uses
Single Family Dwelling
Two Family Dwelling
Multiple Family Dwelling (Apartment)PPP
Accessory DwellingPPP
Mobile Home Court
Attached DwellingPPP
Home OccupationAAA
Residential KennelAAA
Bed & Breakfast Inn
Model HomePPP
Guest House
Bona Fide Servants Quarters
Boarding or Lodging House
Nursing/Retirement/Convalescent Facility
Continuing Care Retirement Community (CCRC)
Private Swimming Pool, etc.AA
Office Uses
Clinic or Medical Health Center
Research Laboratory / FacilityPPP
General OfficesPPP
Professional OfficePPP
Training Facility
Institution Uses
Church/Temple/Place of Worship
Hospital
Library
Penal or Correctional Institution
Post Office
Power Generating Plant
Public Service Facility
Commercial Sewage or Garbage Disposal Plant
Water Management & Use Facility
USE BLOCKS
(Use Table)
Exhibit "D"
Exhibit "D" - Page 1 of 5
P = Permitted
A = Accessory
"Blank" = Prohibited
Type of UseResidential
Office and
Residential
Office and
Commercial
USE BLOCKS
(Use Table)
Exhibit "D"
Educational Uses
School, Trade or BusinessPPP
College or University
Day Nursery/Day CarePP
Kindergarten/PreschoolPP
School of Gen Elementary or Secondary Ed.
Retail & Service Uses
General Retail SalesPP
Lumber/Building Materials Sales (enclosed)
General ServicePP
Automobile Service Station
Automobile /Boat Sales
Automobile/Truck Repair (indoor)
Manufactured Housing Sales
Car Wash
Commercial Kennel
Dry Cleaning Establishment (with on-site plant)
Dry Cleaning Establishment (w/o on-site plant)P
Equipment Sales/Repair (indoor)
Financial InstitutionPP
Automated Teller Machine (ATM)AA
Food StandPP
Funeral Home/Mortuary/Crematory
Recreational Vehicle/Mobile Home Sales
Roadside Sales Stand
Self Service Laundry
Sexually Oriented Business
Tattoo Studio
Veterinary Hospital with commercial kennel
Veterinary Hospital without commercial kennel
Wholesale Sales
Cultural / Entertainment Uses
Art Gallery P
Exhibit "D" - Page 2 of 5
P = Permitted
A = Accessory
"Blank" = Prohibited
Type of UseResidential
Office and
Residential
Office and
Commercial
USE BLOCKS
(Use Table)
Exhibit "D"
Art & Music CenterP
Carnivals, Fairs, Circuses, etc.
Hotel
Hotel (Full Service)
Indoor Theater
Outdoor Theater
Catering Establishment
Restaurant , without drive-thru food salesPP
Restaurant, with walk-up/drive-thru food sales
Meeting or Party Hall
Museum
Stadium or Coliseum
Tavern/Night Club
Industrial Uses
Borrow Pit/Top Soil Removal & Storage
Heavy Industrial
Sanitary Landfill, Junk Yard, Salvage Yard
Light Industrial
Storage and/or Warehousing, Indoor
Storage and/or Warehousing, Outdoor
Storage or Sale of petroleum Products
Coke Ovens/Brick Yards/Kilns/Open Hearth/Blast
Furnace
Light Manufacturing
Printing/Publishing EstablishmentPP
Storage/Distribution Facility
Wholesaling Facility
Heavy Manufacturing
Agricultural Uses
Commercial Greenhouse
Raising/Breeding of Non-Farm or Exotic Animals
Feed Store
Plant Nursery
Exhibit "D" - Page 3 of 5
P = Permitted
A = Accessory
"Blank" = Prohibited
Type of UseResidential
Office and
Residential
Office and
Commercial
USE BLOCKS
(Use Table)
Exhibit "D"
Grain Elevator
General Agriculture (Farm)PPP
Horse Farm
Recreational
Commercial Recreational Facility, Indoor
Commercial Recreational Facility, Outdoor
Community Center
Country Club
Golf Course
Private Club or Lodge
Private Recreational FacilityPP
Riding Stable
Park, PublicPPP
Shooting Gallery
Miscellaneous
Artificial Lake or Pond (non-platted)
Cemetery
Historic Site
Temporary Uses
Construction FacilityPPP
Display, Outdoor
Model HomePPP
Sales, Outdoor
Sales, Seasonal Outdoor
Special Event, OutdoorPPP
Transportation & Communication Uses
AntennaPPP
Collocated Antenna
Radio and/or Television Studio
Radio/Television Transmission Antenna
Radio/Television Transmission Tower
Tower
Exhibit "D" - Page 4 of 5
P = Permitted
A = Accessory
"Blank" = Prohibited
Type of UseResidential
Office and
Residential
Office and
Commercial
USE BLOCKS
(Use Table)
Exhibit "D"
Wireless Telecommunications AntennaPPP
Wireless Telecommunications Service Tower
Motor Bus or Railroad Passenger StationPP
Private Airplane Land/Service Facility
Private Helicopter Landing/Service Facility
Commercial Parking Lot
Private Parking AreaAAA
Truck Stop
Exhibit "D" - Page 5 of 5
Exhibit “E” – Page 1 of 1
Exhibit “E”
(Development Standards Matrix)
Residential
Use Block
Office /
Residential
Use Block
Office /
Commercial
Use Block
*Minimum Tract Size for DP 5 acres 3 acres n/a
Minimum Building Setback from
Carmel Drive, Guilford Road and City
Center Drive
10’
****10’
20’
Minimum Building Setback from Clark
Street
15’
n/a
n/a
Maximum Front Building Setback **30’ **30’ 60’
Min. Side/Rear Yard Building Setback n/a 30’ n/a
***Maximum Building Height when
Building is not adjacent to Clark Street
or R-1 zoned property
the lesser of
60’ or 4 floors
the lesser of
60’ or 4 floors
the lesser of
60’ or 4 floors
***Maximum Building Height when
Building is adjacent to Clark Street or
R-1 zoned property
the lesser of
40’ or 3 floors
the lesser of
40’ or 3 floors
n/a
Minimum Lot Frontage n/a n/a n/a
Minimum Lot Size n/a n/a n/a
Maximum Lot Coverage 70% 80% 70%
Minimum Distance Between Buildings 20’ 20’ 20’
* After approval of a DP a Tract may be divided into smaller areas for the purposes of conveying title.
** Applicable to fifty (50) percent of the newly constructed buildings within the noted use Block. Within the
Residential Use Block Buildings numbered 4-10 on the Concept Plan shall be constructed subject to the Maximum
Front Building Setback.
*** “adjacent” – When used in this Exhibit “E” (Development Standards Matrix) the term ‘adjacent” indicates a
building within 100’ of the centerline of the noted right-of-way or adjoining property line.
****Applies only to Residential Buildings.
Legend: “n/a” – not applicable
“s.f.” – square feet
Exhibit “F” – Page 1 of 8
Exhibit “F”
(Architectural Standards)
Part 1. Guidelines and Objectives:
A. The purpose of these architectural guidelines is to establish design parameters for the
development of Atapco District.
B. These guidelines describe an architectural style with a flexible design framework where
diverse and creative solutions can coexist in a pleasant and harmonic environment. The
guidelines will be used as the criteria for the redevelopment of Lakeside and Carmel
Corporate Center, including the site and Building design. The guidelines set standards
for design quality with the intent to achieve an aesthetically pleasing, sustainable and
functionally efficient place that the residents of Lakeside and Carmel will enjoy and
inhabit for many years.
Part 2. Design Philosophy:
A. The design philosophy is intended to create a unique, inviting and visually stimulating
environment that provides an opportunity to live, work and shop in the City of Carmel.
Bike and pedestrian paths, shopping, the clubhouse and the lake offer social and physical
activities for the neighborhood. Ultimately the design objective for the development is to
create a safe, friendly, and dynamic, mixed-use community.
B. The Atapco District is composed of two principle areas, the Lakeside Residential Area
and the Lakeside Commercial Area. Each area will have its own attributes, and each will
contribute uniquely to the mixed-use development with complimentary character in
Building design, materials, landscaping and scale. The Lakeside Residential Area is
defined by three and four-story residential Buildings. The Lakeside Commercial area
will have retail and residential uses and includes the existing 2-story office Building, a
proposed mixed-use Building and new commercial Buildings 1-2 story in height.
Part 3. Architectural Style:
A. General:
1. The Building design of the Atapco District will be compatible with the surrounding
context and complimentary to their materials, scale and forms.
2. Façades will be formed in various proportions by material changes along the length
and height of the Buildings, combining rhythmic and harmonious elements in a
holistic composition.
B. Building Massing:
Exhibit “F” – Page 2 of 8
1. Flat or hipped roofs with articulated cornices or overhangs will be utilized in order
to encourage pedestrian oriented pathways. Strategically located vertical and/or
articulated features are expected to emphasize focal points of the Buildings.
2. The dimensions and size of the Buildings are intended to be sensitive to “human-
scale”.
3. Building facades will be augmented with trellises, canopies, awnings and / or
colonnades to create a diversity of experiences and to provide shelter from the
elements.
4. All of these elements, strategically located, serve as visual landmarks to define
public spaces and to enhance the sense of visual and architectural order.
C. Materials and Exterior Building Finishes:
1. All Buildings will be designed and constructed with complimentary Building
materials and colors. All exterior sides of the Building will be finished in permitted
materials. The selection of materials for the Atapco District will be evaluated based
on their permanence, ability to withstand weather conditions and visual appearance.
Materials located in close contact with the public will be more authentic in
character, whereas materials placed above eight (8) feet may be more synthetic in
nature.
2. Permitted Materials: Any number of materials may be used in the Atapco District.
The following is a list of permitted materials. Materials noted with “Primary
Façade” are permitted on Primary Facades.
a. Face brick (Primary Façade)
b. Smooth faced C.M.U. (concrete masonry units) (Primary Façade)
c. Concrete brick
d. Cast stone (Primary Façade)
e. Limestone (Primary Façade)
f. Simulated stone (Primary Façade)
g. Terracotta (Primary Façade)
h. Fiber Cement Siding (Primary Façade)
i. Stucco (Primary Façade)
j. EIFS (limited to Non-residential Buildings and only in areas 8’ above
grade) (Primary Façade)
k. Glass (clear, color, sand blast, etched, etc.) (Primary Façade)
l. Storefront (aluminum, wood, steel) (Primary Façade)
m. Curtain wall (Primary Façade)
n. Exposed structure
o. Concrete, brick, or asphalt pavers
p. Porcelain and/or ceramic tile
q. Textured paint
r. Dimensional asphalt shingle roof (Primary Façade)
Exhibit “F” – Page 3 of 8
s. Standing seam metal roof (limited to Non-residential Buildings)
(Primary Façade)
t. Any material not listed above may be approved as part of an ADLS
application provided that the Plan Commission finds that the material is
of a quality that is equal or superior to the above listed materials.
D. Primary Facades: All primary facades of a Building (noted in the illustration below with
a solid red line), which for purposes of this Exhibit F is the Building façade of which the
primary Building entrance exists, will be designed with consistent style, detail and trim
features. In order to provide a pedestrian scaled environment, no Building façade will
extend for a distance greater than two (2) times its average height without a vertical
offset, material change or color and texture change. Vertical offsets shall be a minimum
of two (2) feet in depth. No Building façade will extend for a distance greater than five
(5) times its height without a change in elevation. Articulation may also be achieved by a
variety of roof planes and/or slopes. Primary facades will incorporate Building elements
such as lighting fixtures and changes in wall surfaces such as awnings, canopies, arcades,
colonnades, alcoves, accents, windows, a variety of entry configurations, cornices,
pilasters, columns or other Building elements that contribute to the human scale of the
Building.
E. Secondary Facades: Side and rear facades will be finished in colors compatible with the
colors of the primary facades. Secondary facades will incorporate Building materials and
detailing of the primary façade for a minimum of fifty (50) percent of the overall wall
length. At pass-throughs to parking lots, primary facades will wrap around sides by 50%
or more. No Building façade will extend for a distance greater than three (3) times its
Exhibit “F” – Page 4 of 8
average height without a vertical offset, material change, color change or texture change.
Secondary facades will incorporate Building elements such as pilasters, wainscots, accent
banding or other Building elements that contribute to the appropriate scale of the
Building.
F. Rooftop Equipment: All rooftop HVAC equipment will be screened from view.
G. Awnings and Canopies:
1. Awning refers to a metal framed structure covered in fabric or metal roofing, used
to add scale, protect from inclement weather, augment an entrance or serve as a
backdrop for graphics/signage above a Building storefront. An awning will be
additive to a Building and considered non-permanent and not structurally integrated
into the Building.
2. Canopy refers to a metal, wood, or masonry supported structure that has a water
resistant roof material. It is used to add scale, protect from inclement weather,
augment an entrance or serve as a backdrop for graphics/signage above a Building
storefront. A canopy will be integral to a Building and considered to be a
permanent, structurally integrated component to the Building.
3. Awnings and Canopies will be used at the street level of some Buildings to protect
pedestrians from inclement weather and to add architectural interest to the
Buildings. Awnings and Canopies will be installed to allow a minimum of 8’-0”
and 12’-0” maximum clearance above any sidewalk below. All awnings will have a
minimum slope of 7:12. Tenants are encouraged to have awnings or canopies above
customer entrances. Service doors are encouraged to look like finished entrances
and not appear exclusively as utilitarian doorways. Use of frosted glass doors and
transoms or sidelights are encouraged at service doorways that are visually open to
pedestrian and public areas.
4. Awnings will be made of fabric or painted metal. All fabric awnings will have
painted steel frames, not aluminum. Glowing or fluorescent colored awnings are not
permitted. Canopies will be made of painted metal, stone, brick, painted or stained
wood or decorative/molded composite materials as reviewed and approved by the
Owner. Awnings and canopies will be suitable for installation of tenant signs and
graphics as described in other sections.
H. Colors:
1. The overall color palette of the Atapco District is warm earth tones and inspired by
the colors of nature.
2. The colors have a strong bias toward beiges and ambers of the natural stone, and
warm oranges and reds of the brick.
Exhibit “F” – Page 5 of 8
Part 4. Design Categories: In order to better identify the specific design intent for possible uses,
these guidelines are divided into design categories associated with the different type of
Buildings. These design categories encompass possible but not required uses in the Atapco
District. The following is a list of such categories:
A. Primary Non-Residential: The design criteria outlined is intended to provide a design
standard whereby larger footprint Buildings can be assimilated within the context of the
Atapco District and facilitate the development’s scale, connectivity, traffic patterns,
walk-ability and image. The following is a list of design considerations to be followed:
1. Facades will be articulated to reduce any massive scale or impersonal appearance.
Facades will be articulated through the use of (i) changes in the wall plane, (ii)
varying materials on the facades, (iii) changes in color of materials, (iv) variation in
the fenestration and (v) patterning of the framing for the glazing.
2. Variation in rooflines is required in order to add interest.
3. Entryway design elements and variations will provide orientation and an
aesthetically pleasing character to the Building.
4. Weather protection elements will be provided in order to reduce Building scale and
to provide shelter.
5. Entrances for retailers will have a strong identification, by utilizing a change in
massing, signage and/or color, yet will be compatible with the remainder of the
Atapco District.
B. Secondary Non-Residential: Smaller retail and service-oriented shops will enhance the
Atapco District identity and provide useful amenities to residents, tenants and visitors
alike. The presence of small retail stores gives a friendly appearance by creating variety
and expanding the range of site activities. Windows and window displays of such stores
should be used to contribute to the visual interest of exterior facades. The design of
secondary and service retail shops will give careful attention to detail at the storefront
level, and will include the following:
1. Appropriately scaled entryway features including windows, doors, portals, arcades,
recesses and overhanging projections.
2. Attention to appropriate signage and lighting.
3. Environmental and decorative graphics, which will be instrumental in establishing
the character and identity of the storefront designs.
4. Users will be encouraged to have large quantities of transparency of storefronts and
glazing, between piers, at a height varying from 10 feet to 14 feet from grade.
Large expanses of blank walls are prohibited along the storefront of individual
Exhibit “F” – Page 6 of 8
businesses. The side and rear of Buildings (non-storefront side of businesses) may
include similar storefront treatment.
5. Display windows will be carefully designed and maintained and should include
frames and base elements.
6. Façade materials will be aesthetically pleasing and compatible with materials and
colors used throughout the Atapco District.
7. Awnings or canopies will be provided above storefronts protect shoppers from
natural elements.
8. All roof equipment must be screened from the pedestrian view. Sight line studies
must be completed at all grade changes to ensure equipment concealment. Use of
parapets or approved decorative screening is required.
9. The parapet height for a one-story Building will be a minimum of twenty (20) feet
at the Primary Facades and a minimum of eighteen (18) feet at the Secondary
Facades.
10. Only durable materials will be placed from finish grade to eight (8) feet above.
Durable materials will not include EIFS products.
C. Restaurant Uses: Restaurants provide indoor as well as outdoor activity and generate a
sense of place. The design of restaurant uses will give careful attention to detail at the
pedestrian level and including the following:
1. Prototype identity for established restaurants will be compatible with the rest of the
development. Established restaurants shall be defined as restaurants with a
minimum of three locations currently operated under the identical brand. The
identity of these prototypes identities shall be comparable in size and location to the
rest of the development.
2. Service areas and rear facades will be properly designed to maintain visual quality.
3. Outdoor seating areas and patios are permitted and will be encouraged. Outdoor
seating shall be limited to be within three (3) feet of the building face. Patios are
permitted at building corners and plazas that do not impede upon pedestrian
pathways.
4. Exhaust and mechanical apparatus will be carefully incorporated into the
architecture of the Buildings.
D. Offices: The offices component of the Atapco District will enhance the vibrancy and
appeal of the development by adding human activity at different hours of the day. The
architectural style of the offices will complement the existing office Building and the
design of the Atapco District. Design considerations will include the following:
Exhibit “F” – Page 7 of 8
1. Freestanding Buildings will be oriented to encourage visual and physical
connectivity with major pedestrian and vehicular circulation patterns.
2. Each Building will have a minimum of one main entry. Main entrances will meet
the following criteria:
a. Level of design will be articulated.
b. Use of quality materials is required.
c. Additional height for visual significance will be appropriate.
d. Porte cochere or entry canopies are recommended.
3. As specified in Section 13, service and delivery space will be designed to minimize
its visibility.
E. Residential Buildings: The architectural style of the residential uses will be compatible
with the balance of the Atapco District, shall be consistent with the elevations included
under Exhibit G and Exhibit H of this Atapco PUD Ordinance and include the following:
1. The massing and entry features of the Building will include canopies, awnings,
porches, masonry coursing, exterior material articulation and/or window mullions.
2. The selections of materials will be complementary and in keeping with the balance of
the Atapco District.
3. Windows will be required on all facades. A minimum of two (2) windows shall be
provided on each level of each elevation.
4. Residential Building mass will be varied by integrating individual porches
approximately every 30 lineal feet. Individual porches will also provide privacy for
residents.
5. Public entrances will be provided on the street side of all Residential Buildings
located within fifty (50) feet of the street right-of-way.
6. Garages shall be provided on all Residential Buildings.
7. Elevators shall be provided on all 4-story Residential Buildings.
8. The building façade design of the street side of Buildings 1 and 3 as identified on the
Concept Plan shall be as reflected on page 2 of Exhibit G.
Part 5. Site Amenities and Pedestrian Furniture:
A. The selection of architectural amenities will be complementary to the architectural
character of the Atapco District. The materials used for the selected amenities will be
durable and functional (subject to applicable standards in this Atapco Redevelopment
Exhibit “F” – Page 8 of 8
Ordinance) and may include, without limitation, the following:
1. Benches
2. Ash receptacles
3. Trash and recycling receptacles
4. Bike racks
5. Fountains
6. Gazebo
7. Pedestrian walkway and bicycle trail-ways
8. Music systems
9. Flag poles (per the sign requirements of the Zoning Ordinance)
10. Tables / umbrellas
11. Clocks
12. Carts and kiosks (office and commercial areas only)
13. ATM enclosures (office and commercial areas only)
B. Any signs, if included on any of the items noted above, will be 3 square feet or smaller to
be considered incidental signage.
Part 6. Green Building Elements: The following green building elements shall be incorporated
into the development of the Real Estate:
A. Bicycle lockers
B. Best Management Practices for stormwater
C. Native landscaping/tree preservation
D. Pedestrian and Vehicular Connectivity to adjacent sites
E. White membrane/high albedo roof
F. Porous pavers/permeable pavement in parking lot where appropriate
G. Internal Recycling areas onsite
H. Parking islands landscaped to provide shade within 5 years
I. High-efficiency lighting inside and outside
J. Building and finishing materials sourced from within 500 miles when practicle
K. Water-efficient fixtures throughout
L. Use of recycled materials in construction and fit-out
M. Operable windows for cross-ventilation and light
N. High-efficiency HVAC systems
O. Use of Energy Star or similar appliances
P. Low VOC paints, coatings, and sealants
Q. Low-E glass
R. Low VOC flooring materials
S. Light and motion sensors for lighting and water fixtures
Exhibit “G” – Page 1 of 4
Exhibit “G”
(Conceptual Character Imagery – Residential Use Block)
Exhibit “G” – Page 2 of 4
Exhibit “G” – Page 3 of 4
Exhibit “G” – Page 4 of 4
Exhibit “H” – Page 1 of 2
Exhibit “H”
(Conceptual Character Imagery – Office and Residential Use Block)
Exhibit “H” – Page 2 of 2
Exhibit “I” – Page 1 of 1
Exhibit “I”
(Conceptual Character Imagery – Office and Commercial Use Block)
ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of
_________________, 2013, by a vote of _______ ayes and ________ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ ____________________________________
Presiding Officer Kevin D. Rider
___________________________________ ____________________________________
Richard L. Sharp, President Pro Tempore Carol Schleif
___________________________________ ____________________________________
Ronald E. Carter W. Eric Seidensticker
___________________________________ ____________________________________
Sue Finkam Luci Snyder
ATTEST:
__________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
________________________ 2013, at _______ __.M.
____________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2013, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
This Instrument prepared by: Charles D. Frankenberger, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 3105 East 98th Street, Suite 170, Indianapolis, IN 46280.
ATAPCO PUD - post 090313 SSC 091713