Z-359-01 Parkwood Crossing West PUDDraft: 8/18~2000
Revised: 9/18/2000
10/17/2000
10/25/2000
11/20/2000
11122/2000
12/05/2000
12/08/2000
12/13/2000
12/19/2000
1/09/2001
Sponsor: Kevin Kirby
ORDINANCE
NO. Z-359
(154-00-Z)
PARKWOOD CROSSING WEST
PLANNED UNIT DEVELOPMENT
DISTRICT
This Instrument Prepared by:
Philip A. Nicely, Esq.
Bose McKinney & Evans LLP
600 E. 96th Street, Suite 500
Indianapolis, IN 46240
317-574-3700
::ODMA~v1HODMA',NO1 ;35950;11
Ordinance No. Z-359
(154-00-Z)
AN ORDINANCE ESTABLISHING THE
PARKWOOD CROSSING WEST
Planned Unit Development District
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit
Development District in accordance with the requirements of IC §36-7-4-1500 et seq.; and
WHEREAS, the Carmel Plan Commission (the "Commission") has given a favorable
recommendation to the ordinance set fodh herein (the "Ordinance") which establishes the
Parkwood Crossing West Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carreel, Indiana (the "Council"), that, pursuant to IC §36-7-4-1500 et seq., it adopts this
Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance.
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 Parkwood Crossing West.
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 Development and Use of Real Estate"
attached hereto as Exhibit B (the "Commitments"). In the event of a conflict
between this Ordinance (including the Commitments) and the Carmel/Clay
Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance
(including the Commitments) 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.
::ODMA'~vlHODMA\NO1 ;35950;11
CHAPTER 2.0 PERMITTED USES.
Section 2.1 Permitted Primary Uses.
A. Office, Any Type
B. Restaurant (no Fast Food, Drive-In or Drive-Through Restaurant)
Section 2.2 Permitted Accessor,/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 (ATMs), and utilities.
The following accessory retail and service commercial uses shall be permitted within the
building(s) or within any connecting links between the buildings:
Cafeteria/Dell/Coffee Shop
Photocopying and Duplicating Services
The following accessory supportive service uses shall be permitted within the building(s)
or within any connecting links between the building(s):
Conference Center
Day Care 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 35,000 square feet.
Section 2.3Parkina Plazas.
A. Two parking plazas shall be permitted.
B. Vehicle service facilities may be located on the interior of a parking plaza,
subject to:
1. It shall be a service only to the building occupants;
::ODMA~VlHODMA\NO1 ;35950;11 2
2. It shall not be visible from the perimeter of the Real Estate; and
No sign identifying the facility that is viewable or intended to be
viewable from the public right-of-way shall be permitted
Section 2,4 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 orfencing and in general be architecturally compatible
with the building(s) with which it is associated.
CHAPTER 3.0 GENERAL PROVISIONS.
Section 3.1 Minimum Parcel Size. The Parkwood Crossing West PUD parcel shall have
a minimum size of twenty (20) 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.
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 Hei~lht. All uses, seventy-nine (79) feet; provided, however,
no building shall exceed a height of five (5) stories and no penthouse or other
appurtenance shall exceed a height of twenty-one (21) feet above the building parapet.
Section 3.3 Maximum Parkin¢l Plaza Heiaht. Any parking plaza located on the Real Estate
shall be limited to grade plus two (2) levels and shall not exceed a height of twenty-nine
(29) feet.
Section 3.4 Minimum Buildinq Heiqht. 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 3.5 Maximum Parcel Coveraae.
Maximum Parcel Coverage of the Real Estate shall be sixty-five percent
(65%).
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.
::ODMA'~MHODMA\NO1 ;35950;11 3
Section 3.6 Architectural Desloin Requirements.
Scale and proportion: All building facades, including doors, windows, column
spacing, and signage shall be designed using the Golden Section,
represented by the ratio 1:1.6 or 1.6: 1, as a general guideline.
B,
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.
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.
Roof design: Sloped roofs shall be a maximum of one hundred (100) feet
without a change in roof plane, or gable or dormer. Sloped roofs shall be
either standing seam metal or dimensional shingles.
Building penthouses: Building penthouses must be incorporated into the
building facade design, including exterior materials specifications.
Section 3.7 Other Requirements.
Outside Storaqe 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).
Loadinq Berths. No loading or unloading berth or bay shall be visible from
any adjacent residential area.
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 in the Office Area shall be located on the
roof of the building(s) and the required screening shall include noise
abatement features.
CHAPTER 4.0 OFFICE AREA - SPECIFIC PROVISIONS.
Section 4.1 Minimum Buildinq and Parkinq Plaza Setbacks. The minimum building and
parking plaza setbacks shall be as follows: (a) 115 feet from the West Section Line,
::ODMA~V~HODMA\NO1 ;35950;11 4
(b) 20 feet from the proposed INDOT right-of-way, and (c) 133.5 feet from the South
Section Line. However, no office building shall be constructed within 266.5 feet of the
South Section Line.
Section 4.2 Minimum Gross Floor Area.
All buildings shall have a minimum of fifteen thousand (15,000) square feet
of gross floor area, excluding the floor area of any accessory structure(s).
Accessory structures permitted need not meet the minimum floor area
requirement.
Section 4.3 Maximum Density. Maximum gross floor area for all buildings and connecting
links upon the Real Estate (net of all proposed rights-of-way) shall be 591,300 square feet
(a maximum of 8,000 square feet for a day care center; 5,000 square feet for a fitness
center; and, 5,000 square feet for a conference center may be included); provided,
however, if INDOT takes less than 8.5 acres of the Real Estate for right-of-way purposes,
the permitted gross floor area for the buildings may be increased at the rate of 6,930
square feet for each acre of Real Estate not taken by INDOT. The amount of the
anticipated INDOT taking shall be based upon the most current letter from the
Commissioner of INDOT which makes a determination as to the acreage of the proposed
taking.
Section 4.4 Landscapin~ Requirements.
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; (3) shall delineate the location,
size and description of all proposed landscape material and the irrigation
system for all planting areas; and, (4) shall delineate the location, size and
description of all existing trees 9" DBH or larger which are located within any
Greenbelt or Planting Strip required in Section 4.4. B. 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:
::ODMA~VIHODMA\NO1;35950;11 5
A greenbelt shall be provided adjacent to the 96th Street and
Spring Mill Road rights-of-way and shall be a minimum of
thirty (30) feet in width and landscaped per the requirements
of Section 4.4.C.
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).
2. Plantinn Strip:
There shall be landscaped planting areas located adjacent to
the INDOT right-of-way which shall be a minimum of ten (10)
feet in width and landscaped pursuant to Section 4.4. C hereof.
These landscaped areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
standards, signs, and other similar structures (excluding
parking).
3. Plantinn Adjacent to Buildinns:
A planting area equal to an area measuring ten (10) feet in
depth shall be installed on all sides of the building(s).
Outdoor terraces, sidewalks and driveways may be permitted
in these areas.
If an outdoor terrace, sidewalk or driveway cuts into a planting
area, the displaced area shall be an additional area added to
the building perimeter planting.
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.
Plantin~ Within Parkinn 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.)
::ODMA'~vlHODMA\NO1 ;35950;11 6
Total Landscapin~ 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 Office Area, minus any INDOT taking, shall be
landscaped.
C. 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:
Ornamental Trees:
Shrubs (only):
9 feet wide
7 feet wide
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 on
which will be placed eight to ten (8-10) foot tall conifers similar to
those placed along 96th Street east of U.S. 31 and in front of the
existing Parkwood Crossing. The berm landscaping shall include
deciduous trees, with a minimum trunk of 2-3 inches at six (6) inches
above ground line, interspersed among the conifer trees, as shown on
Exhibit C. Such berm shall extend north along Spring Mill Road a
distance of approximately five hundred (500) feet north of the South
Section Line. A sidewalk shall be installed along the 96th Street
frontage south of the berm and along Spring Mill Road frontage west
of the berm to a point approximately 500 feet north of the South
Section Line. 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:
::ODMA',MHODMA\NO1 ;35950;11 7
Three (3) shade trees; or,
Five (5) ornamental trees or five (5) conifer trees; and
Fifteen (15) shrubs.
Materials. All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
Shade Trees: A minimum trunk diameter of 2 inches at six (6)
inches above the ground line, a minimum height of eight (8)
feet, and a branching height of not less than 1/3 nor more than
~ of tree height.
Ornamental Trees: A minimum trunk diameter of 1.75 inches
at six (6) inches above the ground line, a minimum height of
six (6) feet, and a branching height of not less than 1/3 nor more
than ¼ of tree height.
c. Evergreen Trees: A minimum height of eight (8) feet.
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.
D. Landscapinq Installation and Maintenance.
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 appreved in accordance with the development
requirements specified for this Ordinance. This is to include, but ks 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.
::ODMA~tvtHODMA\NO1 ;35950;11 8
Chan~les 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 alterations 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 Parkincl Requirements.
Efforts to break up large expanses of pavement are to be encouraged by the
interspersing of appropriate planting areas.
Direct, articulated pedestrian access shall be provided from the street to the
primary entrance of the building(s).
The minimum number of parking spaces required shall be three and one-half
(3¼) spaces for each one thousand (1,000) square feet of gross floor area.
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.
Above-grade, structured parking facilities shall have on all sides architectural
features that are compatible with the building(s) with which they are
associated.
Section 4.6 Li~lhtinq Reauirements.
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.
::ODMA%MHODMA~NO1 ;35950;11 9
B. All 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 twenty-eight (28) feet from the
top of the fixture to the top of the pole base. Except, however, the height of
light standards on the top of any parking plaza shall not exceed twenty-three
(23) 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
0.1 footcandle at the north right-of-way line of West 96th Street and the east
right-of-way line of Spring Mill Road.
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.
1. Number & Type: The maximum number of Identification Signs
permitted shall be two (2) wall signs each for Buildings A, B and C.
2. Maximum Sign Area: 90 square feet each.
3. Location: The signs may be located on either the west, north or east
facades, Any sign located on the west facade of Building B shall be
located on the north half of the building facade
4. Design: All walls signs shall consist of individual letters.
5. Illumination: Internal.
6. Sign Permit: Required.
7. Fees: Required.
B. Lower Level Signs.
1. Number & Type: The maximum number of Identification Signs
permitted shall be six (6) wall signs.
2. Maximum Sign Area: 60 square feet each.
5.
6.
7.
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: All walls signs shall consist of individual letters.
Illumination: Internal.
Sign Permit: Required.
Fees: Required.
Parkwood Crossin~ West Center Identification and Real Estate (LeasinCfi
Signs.
Number & Type: As approved by an ADLS Sign Program for
Parkwood Crossing West.
Maximum Sign Area: As appreved by an ADLS Sign Program for
Parkwood Crossing West.
Maximum Height of Sign: As appreved by an ADLS Sign Program for
Parkwood Crossing West.
Location: As approved by an ADLS Sign Program for Parkwood
Crossing West.
Design: Signs must comply with the approved architectural scheme
of the complex, and must be of a similar design, lighting and style of
construction.
6. Illumination: Internal or completely shielded.
Landscaping: Sign must be accompanied by a landscaped area at
least equal to the total sign area.
8. Sign Permit: Required.
9. Fees: Required.
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.
::ODMA'~4HODMA\NO1 ;35950; 1
CHAPTER 5.0 OUTLOT AREA - SPECIFIC REGULATIONS.
Section 5.1 Minimum Buildinn Setbacks. The minimum building setback shall be as
follows: (a) ten (10) feet from the proposed INDOT right-of-way, and (b) 83.5 feet from the
South Section line.
Section 5.2 Minimum Gross Floor Area.
The gross floor area of any building shall not be less than five thousand
(5,000) square feet.
Accessory structures permitted need not meet the minimum floor area
requirement.
Section 5.3 Maximum Gross Floor Area and Density. A maximum of two (2) buildings shall
be permitted, The gross floor area of any building shall not exceed nine thousand five
hundred (9,500) square feet and the total gross floor area of the two permitted buildings
shall not exceed eighteen thousand (18,000) square feet. Restaurants shall be the only
permitted primary use.
Section 5.4 Landscaping Requirements.
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; (3) shall delineate the location,
size and description of all proposed landscape material and the irrigation
system for all planting areas; and, (4) shall delineate the location, size and
description of all existing trees 9" DBH or larger which are located within any
Planting Strip required in Section 5.4.B. 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. Plantinq Strip:
There shall be landscaped planting areas located adjacent to
the IN DOT right-of-way and adjacent to the 96th Street right-of-
::ODMA'~MHODMA\NO1 ;35950;1
way which shall be a minimum of fifteen (15) feet in width and
landscaped pursuant to Section 5,4.C hereof.
These landscaped areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
standards, signs, and other similar structures (excluding
parking).
2. Plantin~ Adjacent to Buildinqs:
A planting area equal to an area measuring ten (10) feet in
depth shall be installed on all sides of the building(s).
Outdoor terraces, sidewalks and driveways may be permitted
in these areas.
If an outdoor terrace, sidewalk or driveway cuts into a planting
area, the displaced area shall be an additional area added to
the building perimeter planting.
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 5.4.C.1 for minimum planting area
requirements.)
Total Landscapincl 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 Outlot Area, minus any INDOT taking, shall be
landscaped.
C. Landscapincl 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
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,
Five (5) ornamental trees or five (5) conifer trees; and
Fifteen (15) shrubs.
Materials. All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
Shade Trees: A minimum trunk diameter of 2 inches at six (6)
inches above the ground line, a minimum height of eight (8)
feet, and a branching height of not less than 1/3 nor more than
¼ of tree height.
Ornamental Trees: A minimum trunk diameter of 1.75 inches
at six (6) inches above the ground line, a minimum height of
six (6) feet, and a branching height of not less than 1/3 nor more
than ¼ of tree height.
c. Evergreen Trees: A minimum height of eight (8) feet.
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.
D. Landscapina Installation and Maintenance.
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
::ODMA',MHODMA\NO1 ;35950;11 14
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.
ChanGes 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 alterations 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 5.5 Parking Requirements.
Efforts to break up large expanses of pavement are to be encouraged by the
interspersing of appropriate planting areas.
Direct, articulated pedestrian access shall be provided from the street to the
primary entrance of the building(s).
The minimum number of parking spaces required shall be one (1) space per
every four (4) patron seats, plus one (1) space per employee per largest
shift.
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.
::ODMA~VIHODMA\N01 ;35950;1
Section 5.6
A,
Section 5.7
A.
Li~htinci Reciuirements.
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.
All site lighting shall be coordinated throughout the project and be of uniform
design, color and materials.
The height of light standards shall not exceed twenty-eight (28) 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.
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 Parkwood Crossing West development shall
not exceed 0.1 footcandle at the north right-of-way line of West 96th Street
and the east right-of-way line of Spring Mill Road.
Sicins.
Outlot Area Sicins.
Number & Type: Three (3) total signs being either one (1) ground
identification sign and one (1)wall sign on two (2) building facades
per business; or, one (1) wall sign on three (3) building facades per
business.
Maximum Sign Area:
Ground Sign - 60 square feet
Wall Sign - 5% of the facade
Maximum Sign Height:
Ground Sign - 6 feet
::ODMA~vlHODMA',NO1 ;35950; I
4. Location: As shown on the building elevations and site plan. Signs
shall be setback a minimum of 10 feet from the right-of-way. Signs
shall not be located within the vision clearance area.
5. Design: All wall signs shall consist of individual letters. All ground
signs shall be consistent with the Parkwood Crossing West
Identification Signs.
6. Landscaping: A landscaped area shall be provided adjacent to each
ground sign at least equal in area to the total sign area.
7, Illumination: Internal or completely shielded.
8. Sign Permit: Required.
9. Fees: Required.
Parkwood Crossincl West Center Identification and Real Estate (Leasincl)
Signs.
1. Number & Type: As approved by an ADLS Sign Program for
Parkwood Crossing West.
2. Maximum Sign Area: As approved by an ADLS Sign Program for
Parkwood Crossing West.
3. Maximum Height of Sign: As approved by an ADLS Sign Program for
Parkwood Crossing West.
4. Location: As approved by an ADLS Sign Program for Parkwood
Crossing West.
5. Design: Signs must comply with the approved architectural scheme
of the complex, and must be of a similar design, lighting and style of
construction.
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.
::ODMA\MHODMA\NO1 ;35950;11 17
9. Fees: Required.
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.
CHAPTER6.0APPROVALPROCESS.
Section 6.1 Approval of ADLS.
The Commission shall consider an ADLS approval petition for any building
within Parkwood Crossing West.
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 Parkwood Crossing West development.
The Commission shall approve the ADLS without conditions or approve with
conditions.
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.
In no event, however, may the Commission or the Director approve any
alteration that exceeds a maximum limitation imposed by this Ordinance or
approve any alteration that is less than a minimum limitation imposed by this
Ordinance.
Section 62 Approval or Denial of the Development Plan.
The Commission shall approve a conceptual Development Plan (the "DP")
simultaneously with the approval of this Ordinance, as shown on Exhibit C.
The Director shall approve without conditions, approve with conditions, or
disapprove the final DP for any project within Parkwood Crossing West;
provided, however, that the Director shall not unreasonably withhold or delay
his/her approval of a final DP that is in substantial conformance to the
conceptual DP and is in conformance with the development requirements of
this Ordinance. If the Director disapproves the final DP for any project within
Parkwood Crossing West, the Director shall set forth in writing the basis for
::ODMA~vlHODMA\NOI ;35950;11 1 ~
the disapproval and schedule the request for approval of the final DP for
hearing before the Commission.
An amendment to a final DP which does not alter the use of any land may be
reviewed and approved by the Director.
The final DP shall be a specific plan for the development 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 7.0 DEFINITIONS AND VIOLATIONS.
Section 7.1 General Rules of Construction; Definitions.
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 future 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.
B. Definitions:
Accessory Structure: A structure subordinate to a building or use
located on the Real Estate which is not used for permanent human
occupancy. A parking plaza is an accessory structure.
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.
::ODMA~,IHODMA%NOI ;35950;1
14.Cafeteria/DelilCotfee Shop: .A[lestaQlis~ ment locate!;l within the
b'uilding(s) wherefoodiand drink is prepared, served a[ld con~umed
primarily within thE]'.building(s).by the occupants of the building(s) and
their guests.
15, Centerline: A line lying il1is:lway ,tJ~tween the side-lin<3s of astreetor
,alley rightcof,way:and/or'pavement.
16. eertificate ofOccupancv: A certificate signed'byt~e Director stating
that the.occupancyand use of land. or a building or structure referred
.to th~reif1 cOITlRlie,s with t~e prbvisions of this Ord inance.
17, CitY: Th~ City cif Carmel, Indiana.
.18. Commission, The Carmel/Clay Plan CommissiOn.
19. Commitment. An official agreement,madeinaccordancewith Indiana
Cbde ~36-7~4-615, concerriihgfhe Llseor deveiopmerit ota parcel of
real. proper:lywt\ii::~ is m~de in Writjng by the owner of that parcel,
either voluntarily or in accordance With an order 'or' recwesfof the
c;oml:1lissip'1,as recorde.d in the Officecif"the Recorder of,Hamilton
County, Indiana
20. Common Area: Are.as within q~evelppmennhat serve either'a.portion
afar the..entire development. (Example.common,area - signs, lighting,
langscaping, maintenance shed', ete:)
21. Conference.Center:Ameeting room provided as an amenity for, and
maaeayailab!e.to, all occLJpants orthe building(s) andtheirguests.
22. Council~The GityCouncilofthe-City of'Carmel, Indiana.
23. Countv: Hamilton,County; Indiana.
,24. Dav'Care: An o(ganized group programfott~e care ()fchilarenaway
Trom their ownresidence for any part of atwenty"four (24) hour.day,
for comp<3nsation orotherWi.?e, .
25 Development Plan: A specifjc plan fbi the. d$yel()pinent. of real
property that,is submittedJor CommiSSion approval showing proposed
faCilities; puildrng~'and:sthjcti.Jres. Ttii~ plan review ihcludes general..
landscaping, pasking.: drainage,erosioh contrbl,sigl1~ge,. lighting,
screening and buildings. ihformation fora site. A .develqpmerit plan
i~T
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.
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 of a customer
identification card, password or similar device.
9. Board: The Carreel/Clay Board of Zoning Appeals.
10.
Buildin.q: A structure having a roof supported by columns or walls, for
the shelter, support, enclosure or protection of persons or property,
and intended for human occupancy. When attached by a single-story
structure, each multi-story portion of a structure shall be considered
a separate building. A parking plaza is not a building.
11,
Buildincl 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.
12.
Buildinn Heiclht: 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.
13.
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,
::ODMA~vIHODMA\NO1;35950;11 20
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
may include only parcels that are contiguous and not separated by
the right-of-way of any highway in the state highway system.
(Amended by Z-333)
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 HeiC~ht (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 pad 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.
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 96th
Street right-of-way.
::ODMAWtHODMA\NO1 ;35950;11 22
36.
Greenbelt: That portion of the front yard of the office area which is
immediately adjacent and parallel to the right-of-way of 96th Street or
Spring Mill Road and having a minimum depth of thirty (30) feet.
37.
Greenbelt Buffer: That portion of the office area which abuts the
perimeter of the development and which is designed specifically to
provide a buffer and visual screen to adjacent residential land.
38.
Gross Floor Area (Construction Area): The floor area, excluding any
penthouse areas, as measured by the face of the exterior building
material.
39. HVAC: Heating, ventilation and air conditioning equipment.
40.
Landscaped Green Area: An area which includes live plantinge 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.
41.
Landscapin~: The improvement of the Real Estate with grass and
mounding, shrubs, trees, othervegetation 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.
42.
Lot: A portion of the Real Estate intended as a unit for transfer of
ownership or development.
43.
Lower Level Si~n: A sign located on a building facade below a height
of twenty-six (26) feet, measured from grade level.
44.
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.
45,
Office Area: That part of the Real Estate located less than 1285 feet
east of the West Section Line, as shown on Exhibit C.
::ODMA'~IVIHODMA\NO1 ;35950;11 23
46.
Outlot Area: That part of the Real Estate located more than 1285 feet
east of the West Section Line, as shown on Exhibit C.
47.
Parcel CoveraCle: The total ground area, within the Real Estate,
covered by buildings, parking plazas 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.
48.
Parkinq Plaza Heiqht: The vertical distance from the grade of the
ground level of the structure to the top of the parapet that comprises
the majority of the perimeter of the structure.
49.
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. In parking structures, the minimum width
may be eight and one-half (8¼) feet, and one-half (¼) of the area
occupied by supporting columns may be included in determining the
width and area of each adjacent parking space and the minimum
height of such space shall be seven (7) feet.
50.
Photocopyinpl and Duplicatinq Devices: A facility providing
reproduction, cutting, printing, binding, etc. of written materials,
drawings, labels, etc. for occupants of the building(s).
51.
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.
52.
Pond: A body of water either occurring naturally or artificially created
and not fed by any watercourse.
53.
Professional Office: An office of a member of a recognized profession
such as an architect, attorney, dentist, engineer, physician or
surgeon.
54.
Receiver: A television set, radio, communication device or data input
device that utilizes the signals from the earth station.
55.
Restaurant: An establishmentwithin the building where food and drink
is prepared for, served to and consumed by the general public. The
establishment may have an outside seating component. The
::ODMA%MHODMA\NO1;35950;11 24
establishment may have a separate area, or lounge, where alcoholic
beverages are served without full food service, provided the area is
accessory to the primary use in (1) square feet or (2) sales.
56.
Restaurant, Drive-In or Drive-Throuah: Any restaurant designed to
permit or facilitate the serving of food or beverages directly to, or
permitted to be consumed by, patrons in or on motor vehicles parking
or stopped on the premises.
57.
Restaurant, Fast Food: An establishment whose principal business is
the sale of pre-prepared or rapidly prepared food directly to the
customer in a ready-to-consume state for consumption either within
the restaurant building, on-premise or off-premise.
58.
Riclht-ofiWav: An area of land permanently dedicated to provide light,
air and access.
59.
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.
60.
Sign: Any type of sign as further defined and regulated by this
Ordinance and the Sign Ordinance for CarmeI-Clay Township,
Ordinance Z-196, as amended.
61.
South Section Line: The South Line of the Southwest Quarter of
Section 11, Township 17 North, Range 3 East.
62.
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.
63.
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.
64.
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.
65.
Upper Level Siqn: A sign located on a building facade above a height
of twenty-six (26) feet, measured from grade level.
::ODMA~vlHODMA%NO1;35950;11 25
66.
Use: The employment or occupation of a building, structure or land for
a person's service, benefit or enjoyment.
67.
Vehicle Service Facility: An operation providing a service to
occupants of an adjacent building which involves the cleaning,
detailing, wiper blade replacement and bulb replacement for the
vehicles of the building occupants.
68.
West Section Line: The West Line of the Southwest Quarter of
Section 11, Township 17 North, Range 3 East.
Section 7.2 Violations of Ordinance. All violations of this Ordinance shall be subject to
Section 34.0 of the Carmel/Clay Zoning Ordinance.
(Signature Page Follows)
::ODMA~MHODMA\NO1 ;35950;11 26
(~. ,2001, by a vote of ~ ayes and C nays.
COMMtON COUNCIL FOR THE CITY OF CARMEL
P idi K rby R
N.L R ndl ;'n
Diana L. Cordray, I asurer--~
Diana L. Cordray, IAMC, ~~urer
::ODMA~'vlHODMA\NO1 ;35950;11 27
CERTIFICATION OF CARMEL/CLAY
PLAN COMMISSION'S
RECOMMENDATION ON
PETITION FOR
PARKWOOD CROSSING WEST PUD
TO CHANGE THE OFFICIAL
ZONING MAP FOR THE CITY OF
CARMEL AND CLAY TOWNSHIP
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. ~_ '~Q;5 '~
TO:
The Honorable Common Council
of the City of Carmei
Hamilton County, Indiana
Dear Members:
The Carmel/Ciay Plan Commission offers yon the following report on the
application of Parkwood Crossing West PUD, copy attached, petitioning the
Commission to rezone the following real estate located in Hamilton County,
Indiana, commonly described as follows:
The Valinet property at the South West Corner of 1-465 and U.S. Highway
31, being the North West Corner of 96th Street and U.S. Highway 31 (to Spring Mill
Road,)
from B-5/Business and S-2/Residence Districts to a PUD/Planned Unit Development
District.
The Carmel/Clay Plan Commission's recommendation on the petition of the
applicant is "FAVORABLE."
At its regularly scheduled meeting of December 19, 2000, the Carreel/Clay Plan
Commission approved the requested Rezone by a vote of 11 in favor 3 opposed
(Madeline Fitzgerald, Pat Rice, Nick Kestner) and none abstaining.
In connection with this proposal, the Plan Commission also recommends:
1) That the Council consider further the adequacy of the Petitioner's
Commitments to dedicate right-of-way for roadway improvements needed for this
project, in connection with any deliberations on the proposed Tax Increment
Financing of those improvements;
2) That the Council endeavor to arrange for all necessary roadway
improvements to be accomplished concurrently with construction, or before final
occupancy of the proposed office buildings, to assure that there is an orderly flow of
traffic through the affected intersections after tenants have occupied the buildings;
3) That the Council review all roadway improvements with the Indiana
Department of Transportation and the Metropolitan Planning Organization, and
4) That negotiations should begin immediately to obtain any additional right-
of 0way that may be needed for U.S. Highway 31 improvements as they pertain to
this project.
DATED: December 21, 2000
David A. Cremeans, l~resident
RECEIVED
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Exhibit 8
12119J2000
FINAL
COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-615, NRC Corp. (hereafter the
"Owne!"), the owner of thefollowing described Real Estate located in Hamilton County,
Indiana (hereafter the "Real Estate") makes the following COMMITMENTS concerning the
use and development of the Real Estate to' the Carmel/Clay Plan Commission (hereafter
"Commission").
1. Description of Real Estate:
See ExhibitA ("Real Estate") (Parkwood Crossing West PUD)
2. Docket No: 154-00-Z
3. Statement of Commitments: Owner makes the following commitments
relating to the Real Estate:
a. Billboards (a/kla advertising signs for off-premises advertising) or
freestanding elevated signs (a.k.a tall signs or interstate oriented pole
signs) for business identification will not be permitted on the Real
Estate.' This does not exclude leasing signs or other identification
signs permitted by the PUD Ordinance.
b. Parkwood Crossing West center identification and real estate
(leasing) signs (excluding wall signs) Jor the "Office Area" of the
development'shall be similar to and of a similar design as those in th'e
existing Parkwood Crossing office development located east of
Meridian Street. In addition, an interstate monument sign identifying
Parkwood Crossing West shall be permitted which may be a
maximum of 35 feet tall, 15 feet wide and 10 feet deep.
c. Owner will use its best efforts to cause the power lines adjacent to the
Real Estate along 96th Street and Spring Mill Road to be placed
underground.
::ODrv1A\MHODMA\N01 ;35962;5
::ODMAVvtHODMA\N01 ;35962;5
d.
Subject to the approval of the appropriate government agencies, the
right-of-way described below needed for any widening of 96th Street
to allow for the road improvements suggested in the report of A & F
Engineering dated September, 2000 and submitted as part of the
petition for rezoning of the Real Estate (other than the additional right-
of-way needed beyond the limits of the Real Estate at the intersection
of 96th and Spring Mill Road and the intersection of 96th and Meridian
Street) will be taken from the subject Real Estate and any
improvements made to 96lh Street (as suggested by the A & F Report)
shall be made within the existing paving area or north of the existing
paving. (Note: Apparent existing right-of-way on this section of West
96th Street equals 33 feet. Additional right-of-way required off the
north side of West 96th Street equals 57 feet. Total new right-of-way
width on this section of West 96th Street will equal 90 feet).
Arrangements shall be made for providing this additional right-of-way
if and at such time as development of the Real Estate commences or
shortly thereafter. Owner will use its best efforts to cause an opticom
system to be installed with any traffic signals which are insl'alled as a
result of the development of the ,Real Estate.
e.
Access to the Real Estate will be limited to (1) a right-in/right-out
access located east of Illinois Street to serve the "Outlot Area", (2) a
full access between Illinois Street and Kenwood Avenue, and (3) a full
access approximately 430 feet west of Kenwood Avenue. Access to
the Rea) Estate from Spring Mill Road will not be permitted, unless
otherwise specifically approved by the Commission due to a change
in circumstances regarding Spring Mill Road.
f.
Drainage and sanitary sewers and the proposed drainage system,
including retention pond(s) and storm sewers, and the. sanitary sewer
lines will be designed and approved by the applicable regulating
agencies so as tonot adversely impact the Williams Creek flood plain,
or the existing or future adjacent residential development, or existing
or future sanitary.sewer connections in Marion County.
g.
Any office buildings .constructed on the Real Estate will include a fire
suppression system.
h.
Owner commits to architecturally treat the south and west facades of
any parking plaza that has unrestricted sight lines to the existing
neighborhood to the south or to the future neighborhood to be
2
, . .
constructed to the:weN, such tharthe appeara.nce of the parking
plaza, as viewed from the homes Or;l'tre: south side'of961h Street and
fr[)m any homes,which may be constructed on IheWestsideof.Spring
Mill Rp8.d will tie ae~thetically improved from that of the standard
. . .0
parkingplaz~ fac:ade'
I. OWn'er,commits'that anyparking area shallbea minimuilion03,5
feel from the South Line SW 1/4 Sec, 1.1, T 17 N, R 3,E(the"South
SeeMan linen), (Oilly' applicable to the west 1285 feet of the Real
Estate), '
J, The process to construct the: improvements to 96th Street and\he
improvements t6 the intersection of 96th Street and Meridian
(cQllecliv'ely'''lmproy'ements''), as suggested in theA&FEngi'ne~ring
report, will.,becommef;1cedcoritempci'raneously With the start of the
development of the, Real Estate and will be d,iligently p'ursued to
completion,
k: O\Ain.er cO,mm its m,att!,e-Real Estateshall,bedevelopedil'l compliance
with the. Conceptual Site Development'l?l,a:n attache,d asExhibit C;
subject to such amendments and modifications thereto as are
approv,ed.by the ,Com rriissioi;i ,or the Carmel/Clay 80ard.of Zoning
Appeals
4 Bihdinoon Successors andAssiqns: These€omm [tments arebihding
on toe OWI1er of thaREl,al Estate and e<)ch0therperson acqUiring aninteresththe
the .Real Estate; unless .,mOdified or terminated by the Commission, These.
Commltments'may'be modified or iermin~ted"onlyby adeCisioltpf theOoml:nission
made ata,puolic,hearing after notice as provided by the rLlJes of. the Commission
or as othefWise'providedpy IC'36-7A-615.
5.. Effective Date: The.Com m itmentscontained herein sha II 'be' effective
- '''. - < ., - "- . ~.. - J, _ - , -." .. - ,
upon the adoption of:an,ordinance by tbeCarmel City Council chaogir]g the zoning
classification 'of the 'Real Estate described on.Exhibit A from the .Sc2 Residence
.-,- ""... '
District aDd the 8-5 Busjness,Bistrict:to the Planned UnitDevelo'[:iment
6. Recordinq:.. The undersigned hereby authorizes the 'Dlredo~ ofi~e
~epartmeht of Community Services, or me Secretary of the Oarmel/Clay Plan
Commission,ta record thesE!'commitme,n\s .iritheoffice of th~ Recorder ofl'jamilton
County? Indiana loJpon adoption oUheordinance referted to'in"paragraph 5 aboVe,
::OrnAA1.MHODMAW01;35962;5
3
7 Enforcement These cOJl1mitm~nts maYQe enfarced by the
CarmellClayPlan C.ommissionand the owners of all parcels .of ground adjaining the
Real Es.tate whowere'erititled toreceive persanal notice afthe rezanil)g under the
ryles infQrc$ aft he til)le the commitmeht was'made.
fiN WITNESSWHEREOF, Owner has executed ttl)s.instrumehUhis ~~-t1G cl1'Y 'af
. .iZ;~ I' nV~JU ,.2000.
NRC CORP."an Indiana corporatian
By:. ~.,7f":tI~
Steph~h L. Valine!, Pl'8siaerit
STATE OF INDIANA )
) S5;
COUNTY OF MARION )
TOe. undersigned"a Nola~ Public.in and;for. said Caunty and State, acknaw!ecjged
the e'xetutidn ofthe foregoing c6mlJli1fije[1lsby StepheR L Valine!, the President .of NRC
Carp
WITNESSETH'this. c2~ day .of December, 2000.
~~tW.
MollYA Sl Gey, Nataryp~
MYComr0iss.ion E;.:pires 10219-200:1;,
My.county of Residence- Hamilton r
;. ::-OOM.i\\J'..lHOOMA\N01 ;35962;5
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PETlllON TO CHANGE THE' OFFlCIALZON1NG ,MAP ;t~:),":'"
INCGRJ;l0RATED BY'REFERENCE iNTO THE CARMEUCLAY i0~'fNG~ 11
ORDINANGE . ' ' . L-1 4/' ~~FJj
(REZ0NE APPUCA TlON) r.::t i/(J li~f)
, \e,,", boa '?CtlQ
,$500 plus $25.00 per acre '~,">..,"8 ,..-:";,'
Date: Augus't ~8, 2000 :)~ ,;,v
'4!]l ~'V/
Docket No.:
N,ame ofQwr1er: !'IRC Corp RhQpeNo.,() ~~ 574-370,0
c/o P,hilip A, Nicely, Esq'.
Address of Owner: Bose McKinnE!Y& 'Evans LLP
600 E,96tl1 Str~E!t" Suite 500
Indianap9Hs, IN. 46240
Recard of Ownership: Deed Book; * , Page:
"':See Survey ,
Legal 'Description (Use additional pagers] if necessar:y):
"
POl"cliase Date:
(See attached descriot'ion.)
Common. Address of Property Irivol'-<e,d (or'GeneraIDescription if no Address Exists):
The Vali'net property at thE!, swe, Of I-465 and :U.:S. Highway 31, being theNWC
of 96th Street art!! U'S.Highway 31 (to Sp"i1}g .l1g1p,9ad).
Proposed Zoning ,Gbange: From the 52&B5 District.to the pun ,District, for:the property
shown outlined in red on the map atfaclied"ner'eto, wHich ismadj:la part of thi,s petition,
,Sta:temen,t of cOrnpliance with. the Carmel/GlayComprehensive' Plan
( use add i t ion ,a' I p. ages ,j J nee e, 's s a r y ).
The 'pr9po,sed rezoning is consistent ,wtth the recommeno.ationsof the'
ComprE!hensive' Plan Amendment knoWn a's the 1997 ,u. S. .31 Corridor .Plan,
an amendment to the 2020 Vision Pl:an (1996),..
Revised '1014195
si\forms\rez'one;8 pp
.!
AfFIDAVIT
,(lor We), being duly sworn. depose ancLsay'that (I or We) (am or are) th~ (owJ)er or
owners) o,fFifti,r Percent (50%) or. mOre of the: property involved in' this application"and
that the foregoing signatu~es, statert1ent~, and answers herein contained an.d the
information herewith submitted are inallrespectst[ue and correct to tlle besJ of(hiy or
, our) knowledge and belief. , ' "
. NRC Corp
Name c/o Philip A. Nicely
Bose"McKinney {, Evans LLP
Address 600 E.96th ,street, 11500
Indtin~polis IN 46240.
Name
j.\d9ress
City,
State
City,
State
N'ame'
317-574-'3700.
Telephone
August 18, iOoo
Date
200.0.
Date
State of In. diana
, '
County ofHAmHtol1
) SS:
)
)
Before.me the. undersigned"a Notary Public for Milxion
(officer's county of residence)
County, State of Indiana, personally appeared Philip A. t1icely 'and
'(name; of person)
acknowledged'the execution of lhedoregoing instrument' this
18th
day of
August
, ,~ 20pO.
(priTJted .or txped)
s:\forms\rezone.app
My comfnissione;q5ifqs; lo.w14-2000
(
en" B. Granner
1'0/95
>
0,
ZONING CHANGE A,NAL YSIS
Duke-Weeks RealtY Limited Partnership has filed a rezone application
for the southwi'fsfquadraht of 1-4,65 and U.S. Highway 31 to the PUG District
classification. onhe ,36+ acres sllbJectto this petition, 7.5+ acres' (or ?o+oj.i)
are.currentlyzoned 85. Thebalance ofthe Real Estate is currently zonedS2.
The office and restaurant.deveJopmel}t proposed for !hes,outhwest.Cluadrant
wf1l'be'a ParkwoodGrossing type, or better, ql,lCility development..
The D~veloprTlentPlan anaStr,ategies U.S. Highway Cor-rid or, a'special
area study amendment to the Hl96 Carmel/Clay Township Comprehensive
Plan (the "Plan"l, proposes'thatthesouthwesfquadrantbe developed with a
planned office development, exceptthat the east600Jeet could pe.deveJoped
with commercial/retail/service uses. Duke~Weeks Realty.Lil}li~ed Partnershj'p's
rezone ~ppltcation is consjstenfwiih tlJeComprehensive PI~m proposals for
the Real,Estafe.
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