Z-386-02 As Amended Clay Terrace PUDSponsor: Councilor Wilson
ORDINANCE NO. Z-386-02
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA ESTABLISHING
THE U.S. HIGHWAY 31 AND 146TM STREET
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 ofI.C. § 36-7-4-1500 et seq.;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, pursuant to I.C. § 36-7-4-1500 et seq., it adopts this ordinance, (the
"Ordinance"), as an amendment to the Carmel/Clay Zoning Ordinance.
Section 1. 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.
Section 1.2. Development in the planned unit development district shall be governed
entirely by the provisions of this Ordinance, with the exception that provisions of the
Carmel/Clay Zoning Ordinance specifically referenced within this Ordinance shall also
apply.
Section 1.3. Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance.
Section 2. Permitted Primary Uses:
Clinic or medical health center
Financial Institution
Hardware Store (less than 50,000 square feet
and not utilizing the warehouse format
described in the excluded primary uses below)
(including enclosed Lumberyard and attached
Garden Center)
Multiple-Family Dwelling
Professional Office
Hotel
Indoor Movie Theater
Restaurant (may include a walk-up or pick up
window to pick up pre-ordered items)
College or University
General Offices
Specialty design and home-d6cor stores or
centers (current examples being stores such as
Expo, Great Indoors, Restoration Hardware.
Pottery Barn and Smith & Hawken).
Insurance Office
Recording Studio
Health Club or Spa
Utility company business office
Comedy, musical and/or
entertainment venue (indoor)
theatrical
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Outdoor temporary sales (up to 10 days) such
as sidewalk sales, art fairs and cultural events
(may include sidewalk kiosks)
Retail Uses*
Grocery Store
* Retail Uses shall include, but are not limited to, sales of memhandise, consumer goods
and equipment; drug stores; pet shops; liquor stores; auto leasing offices; and indoor automobile
showrooms and sales.
Section 3. Excluded Primary Uses:
Amusement Park
Automobile service station or filling station
Bulk storage of petroleum products
Carnivals and circuses
Disposal or storage of hazardous or radioactive
materials
Flea market
Garbage disposal plant/sanitary landfill
Grain elevator
Junk and/or salvage yard
Manufactured housing sales
Mobile home court
Penal or correctional institution
Water slide
Refining or manufacturing asphalt, cement,
gypsum, lime, wood preservatives
Sand and gravel extraction or sales
Sexually oriented business
Small engine sales or repair
Stock yards, slaughtering, leather curing and
tanning
Reclaiming processes involving materials
and/or chemicals that are considered dangerous
to the health, safety, and welfare of the general
public as determined by the State of Indiana
Hamilton County or the City
Outdoor automobile sales or leasing
Boat sales
Car wash
Commemial warehouse storage
Industrial Equipment sales or repair
Fertilizer manufacturing
Go-cart track
Indus~ial uses--heavy
Commercial kennel
Miniature golf
Movie theater (outdoor)
Plant nursery
Refining or manufacturing of petroleum
~roducts
Roadside sales stand; parking lot or outdoor
temporary sales except as allowed in Section 2
Self-storage/mini-warehouse facilities
Single-family residence
Stand alone restaurants with walk-up and/or
drive-thru ordering and pick-up windows
Truck stop
Home improvement center having a building
footprint of greater than 50,000 square feet. A
store or center utilizing the large warehouse
format for sale of lumber and building
materials currently used by companies such as
Lowes, Menards and Home Depot, but not
including the specialty design or home-d6cor
stores listed in the permitted primary uses.
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Section 4. Accessory Buildings and Uses: All accessory buildings and uses which are
permitted in the B-2 zoning district shall be permitted, except that any detached accessory
building shown in any Preliminary Development Plan ("PDP") shall have on all sides the same
architectural features or shall be architecturally compatible with the principal building(s) with
which it is associated.
Section 5. Minimum Tract Size: The minimum tract size is 5 acres. This Section 5 does not
however preclude the sale or other transfer of any parcel of land that is less than 5 acres within a
tract after the approval of a PDP for the entire tract. However, the development of the parcel
must still conform to the Final Development Plan ("FDP") for the entire tract as approved or
amended by the Director, and all other applicable requirements contained in this Ordinance.
Section 6. Height, Area and Architectural Requirements:
Section 6.1. Maximum Building Heights: All uses: sixty-five (65) feet for buildings
located east of Range Line Road; fif~y-five (55) feet for buildings located west of Range
Line Road and more than three hundred (300) feet from the west property line or a single
family residential zoning district; and forty-five (45) feet for buildings located west of
Range Line Road but less than three hundred (300) feet from the west property line or a
single family residential zoning district.
Section 6.2. Minimum Building Height: The minimum building height is eighteen (18)
feet, with a minimum of sixteen (16) feet to the lowest eaves for a building with a gable
or hip roof; excepting for standalone buildings not abutting Range Line Road, which shall
have a minimum building height of twenty-five (25) feet. Accessory buildings and
screened delivery areas are exempt from the requirements of this Section. In the ADLS
approval process, building heights along Range Line Road will be reviewed to avoid long
building facades at the same height.
Section 6.3. Minimum Building Setbacks: The minimum building setback shall be at
least 90 feet from the current U.S. Highway 31 right-of-way. Along the right-of-way of
146th Street, the minimum building setback shall be 45 feet. Along any right-of-way of
any future ramp on or off U.S. Highway 31, the minimum building setback shall be 25
feet. There shall be no minimum setback for those buildings oriented toward and adjacent
to the Range Line Road right-of-way, but there shall be a maximum building setback of
twenty-five (25) feet.
Section 6.4. Minimum Gross Floor Area, Buildings East of Range Line Road and
Range Line Road Development:
A. All buildings, which are not connected to or an integral part of the Range
Line Road streetscape development, shall have a minimum of fifteen thousand
(15,000) square feet of gross floor area, excluding the floor area of any basement
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or any accessory building(s). Provided, however, that one standalone restaurant
building is allowed and shall have a minimum of 7,500 square feet of gross floor
area. Also, one standalone financial institution building is allowed and shall have
a minimum of 2,500 square feet of gross floor area, excluding the floor area of
any basement or any accessory building(s).
B. Any building having a building footprint of greater than eighty thousand
(80,000) square feet shall be located east of Range Line Road. Any tenant in a
building located west of Range Line Road may however, occupy more than eighty
thousand (80,000) square feet of gross floor area (For purposes of this Ordinance,
the term "tenant" includes an owner/occupant of a building.)
C. Accessory buildings permitted need not meet the minimum floor area
requirement.
D. The majority of the developed gross floor area (excluding the gross floor
area of any building with a single tenant having a building footprint greater than
50,000 square feet) shall abut the right-of-way of Range Line Road.
Section 6.5. Architectural Design Requirements:
A. Suitability of building materials: A minimum of three materials shall be
used for building exteriors, from the following list: stone, architectural masonry,
architectural pre-cast (panels or detailing), architectural metal panels, glass, EIFS
or ornamental metal.
B. All buildings shall be designed in order to eliminate monotonous box
buildings.
C. Sloped roofs shall be a maximum of one hundred fifty (150) feet without a
change in roof plane, or gable or dormer. Sloped roofs shall be either standing
seam metal or dimensional shingles.
D. The building facades shall consist of three elements: a base or foundation;
middle or modulated wall; and a top formed by an articulated cornice.
E. Fixed or retractable awnings are permitted.
F. Facades constructed of more than one material shall only change material
along a horizontal line (not a vertical line, except in the case of an offset described
in subparagraph G below or a diagonal line).
G. Continuous facades of more than 200 feet wide shall be designed with
vertical offsets at intervals which divide the facade. Offsets may be projecting,
recessed or may be a simple change in building material or detailing.
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H. All window design shall be compatible with the style, materials,
architectural detail and proportion of the building.
I. No sign may extend above the cornice line of the building.
J. Individual tenants in multi-tenant ground floor or multi-tenant multi-level
buildings should strive for a unique design and graphic image and style, rather
than be required to conform to a single design and graphic image and style for the
building.
K. Exterior lighting on the front building fagade shall be architecturally
integrated with the building style and materials. Rooftop lighting shall be
prohibited, but ground mounted lighting is highly encouraged.
L. Individual storefronts shall incorporate architectural elements such as
lintels, pediments, pilasters, columns and other design elements appropriate to the
architectural style of the building as a whole.
M. Buildings which are connected to or an integral part of the Range Line
Road streetscape development shall be at least one and one half (1 V2) stories, or
be designed to appear so from the front and sides. Retail buildings are encouraged
to be two stories in height, with office use or retail use on the second floor.
Section 6.6. Single Tenant Buildings: Any single tenant building with a building
footprint greater than eighty thousand (80,000) square feet shall be located east of
Range Line Road.
Section 7. Landscaping Requirements.
Section 7.1. Landscaping Plan: A landscaping plan shall be submitted to the
Commission for its approval at the same time the information on architectural
design, landscaping, parking, signage, and lighting, ("ADLS") is submitted. This
plan shall:
1. be drawn to scale, including dimensions and distances;
2. delineate all existing and proposed structures, private parking areas, walks,
ramps for handicapped, terraces, drive-ways, signs, lighting standards, steps and
other similar structures; and
3. delineate the location, size and description of all landscape material and
the irrigation system for all planting areas. Landscape treatment for plazas, roads,
paths, service and private parking areas shall be designed as an integral and
coordinated part of the landscape plan for the entire tract.
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Section 7.2.
Areas to be Landscaped.
Greenbelt:
1. The greenbelt along U.S. Highway 31 shall be a minimum of thirty
(30) feet in width and landscaped per the requirements of Section 7.3.
2. Greenbelt areas shall be unoccupied except for plant material,
steps, walks, terraces, bike paths, driveways, lighting standards, signs, and
other similar structures (excluding a private parking area).
Parallel Roadways:
1. There shall be landscape planting areas located adjacent to the
SOUth ' · tn .
right-of-way hne of 146 Street west of Range L~ne Road and the
U.S. Highway 31 on and off ramps (if constructed), which shall be a
minimum often (10) feet in width and landscaped pursuant to Section 7.3.
2. These landscape areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting standards,
signs, and other similar structures.
3. Landscaping along Range Line Road shall be located within the
right-of-way as per the agreement of the Director, the Hamilton County
Highway Department and the owner of that portion of the Real Estate
adjacent to the right-of-way of Range Line Road.
C. Planting Within Parking Lots: Landscaping within the planting islands,
planting peninsulas and entranceways (other than those along Range Line Road)
of the parking areas shall be of a quality to improve and enhance the site and its
surrounding area, representing no less than six pement (6%) of the total surface
parking area. (For purposes of this computation, landscaping in the greenbelt(s),
landscaping along the front and sides of the building(s) and landscaping on the
periphery of the tract shall not be included.) Landscaping within parking lots shall
be landscaped pursuant to the standards set forth in Section 7.3. The minimum
size of a parking lot island shall be four hundred (400) square feet in area.
D. Tree Preservation Areas: An area fifty (50) feet in width shall be
maintained in its natural state on the western property boundary and on the south
property boundary (west of Range Line Road) of the Real Estate except for
normal pruning, removal and replacement of dead trees. A fence at least eight (8)
feet in height shall be erected and maintained approximately fifty feet from the
western boundary and the southern boundary (west of Range Line Road) of the
Real Estate.
Planting Adjacent to Standalone Buildings:
1. A planting area equal to an area measuring ten (10) feet in depth by
the width of the front of a standalone building plus twenty (20) feet (to
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extend ten (10) feet out on both sides) shall be installed at the from of a
standalone building.
2. A planting area equal to an area five (5) feet in depth shall be
installed on the sides of a standalone building but is not required on the
rear of the building.
3. Sidewalks up to eight (8) feet in width are permitted in these areas,
but shall not occupy the entire area on any side of a standalone building
(excepting for those areas adjacent to access points to a standalone
building).
4. These adjacent planting areas need not be rectangular in shape as
long as the required amount of space is landscaped, innovative and
original designs are encouraged.
Planting Adjacent to Multi-Tenant Buildings:
1. A planting area equal to an area three (3) feet in depth shall be
installed on the sides of a multi-tenant building but is not required on the
rear of the building nor along any side adjacent to a pedestrian walkway
(not a street, drive or other vehicle access way).
2. Sidewalks are permitted in these areas, but shall not occupy the
entire area on any side of a multi-tenant building (excepting for those areas
adjacent to access points to a multi-tenant building).
3. These adjacent planting areas need not be rectangular in shape as
long as the required amount of space is landscaped, innovative and
original designs are encouraged.
Section 7.3. Landscaping Standards.
A. 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
B. Greenbelt and Parallel Roadways: The primary landscaping materials used
in the greenbelt areas, along parallel roadways except Range Line Road shall be
shade trees, ornamental trees, shrubs, ground covers, grasses, and flowers. A base
planting unit of one hundred (100) linear feet will be designated for the U.S.
Highway 31 greenbelt and along parallel roadways which includes: 1. Five (5) shade trees;
2. Three (3) ornamental trees or three (3) evergreen trees; and
3. Fifteen (15) shrubs
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Plantings within greenbelt and along the parallel roadways may be grouped
together to provide visual perspectives of the buildings and address public safety
concerns. Due to the grade elevation change along 146th Street east of Range Line
Road, landscaping will not be required adjacent to the right-of-way of eastbound
146th Street east of Range Line Road where the grade change reasonably precludes
landscaping.
C. Parking Lot Landscaping. Landscaping within the planting islands,
planting peninsulas and entranceways of the parking areas shall contain not less
than two (2) trees and ten (10) shrubs for each four hundred (400) square feet of
interior landscaped area, but shall not include any ornamental trees.
D. Materials: All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
1. Shade trees: a minimum trunk diameter of 2½ 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 1/2 of tree height.
2. Ornamental trees: a minimum trunk diameter of 1½ 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 1/2 of tree height.
3. Evergreen trees: a minimum height of eight (8) feet, a width of not
less than 3/5 of the height.
4. Deciduous shrubs: minimum height of twenty-four (24) inches,
with no less than six (6) main branches upon planting.
5. Evergreen shrubs: minimum height and spread of twenty-four (24)
inches.
Section 7.4. Landscaping Installation and Maintenance.
A. Installation: All required landscaping shall be installed prior to the
issuance of a final Certificate of Occupancy by the Department. If it is not
possible to install the required landscaping because of weather conditions, the
property owner shall post a bond for an amount equal to the total cost of the
required landscaping that has yet to be installed and/or completed prior to the
issuance of the temporary Certificate of Occupancy.
B. 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.
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Section 8.
Section 9.
C. Changes After Approval: No landscaping which has been approved by the
Commission may later be materially altered, eliminated or sacrificed, without first
obtaining further Commission approval. However, minor alterations in
landscaping may be approved by the Director in order to conform to specific site
conditions.
D. 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.
Parking Requirements:
A. Parking is prohibited in the U.S. Highway 31 Greenbelt and within
planting areas along parallel roadways.
1. The number of parking spaces required shall be according to
Section 27.5 of the Carmel/Clay Zoning Ordinance; however, for the
purposes of calculating the required number of parking spaces, retail and
grocery store uses shall use a parking ratio of one (1) parking space for
every two hundred fifty (250) of gross floor area and the area of screened
delivery areas shall be excluded. Upon the review and approval by the
Director, parking spaces on the Real Estate may be shared among tenants
as long as the demand for the spaces does not coincide among tenants.
2. 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 of Indiana requirements.
3. Above-grade, structured parking facilities shall have on all sides
architectural features that are compatible with the principal building(s)
with which they are associated.
Lighting Requirements:
A. A site lighting plan shall be submitted along with the information on
ADLS. 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 and bicycle ways;
landscape lighting.
B. The maximum height of light standards shall not exceed twenty-five (25)
feet. However, when light standards abut or fall within ninety (90) feet of a
residential district or use, they shall not exceed fifteen (15 ) feet.
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C. All site pole lights and wall mounted lights shall be low-level, 90° cutoff
luminaires and shall not spill over into adjoining properties in excess of 0.3
footcandle in commercial areas, and 0.1 footcandle in residential areas.
D. Exterior architectural, display, decorative and sign lighting visible to the
public from U.S. Highway 31 is allowed.
Section 10. Other ADLS Requirements.
Section 10.1. Outside Storage of Refuse or Merchandise: No outside, unenclosed storage
of refuse (whether or not in containers) or merchandise shall be permitted on any tract.
All refuse shall be contained completely within the principal or accessory building(s).
Any accessory structure designed for refuse storage shall be architecturally compatible
with the principal building.
Section 10.2. Loading Berths: Any loading or unloading berth or bay visible from U.S.
Highway 31 shall be screened subject to the approval of the Commission or Committee of
the Commission.
Section 10.3. Sign Requirements:
A. Sign Plan: A sign plan shall be submitted for the Commission's
approval as part of an ADLS or ADLS amendment application.
B. Sign Standards: The signs within the Planned Unit Development District
shall conform to the following standards, unless specified otherwise in this
Ordinance:
1. The color of the signs shall not be restricted; however, each
building shall have a palette of colors approved at the time of the
ADLS approval for the building. Tenants may amend the colors by
petition to and upon the approval of a Committee of the
Commission pursuant to the Commission's Rules of Procedure.
2. Window signage shall be allowed for all tenants and shall conform
to the standards established for window signs under Ordinance Z-
302. In the event that a building has been previously approved by
the Commission under the ADLS approval process a tenant may
seek the approval of its window signage through an amendment to
the previously approved ADLS application to be approved by a
Comtnittee of the Commission.
3. Banners shall be allowed as provided for in Ordinance Z-302.
Provided, that banners may be installed on lighting and other
fixtures located within the streetscape along Range Line Road in
accordance with the review and approval of the proposed banners
by a Committee of the Commission pursuant to the Commission's
Rules of Procedure.
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Center Identification Ground Signs:
1. Two (2) Center Identification Ground Signs each with a maximum
height of 6 feet and a maximum sign area of 105 square feet shall
be allowed at: (a) the south entrance to the development north of
the intersection of Range Line Road with U.S. Highway 31; and (b)
at the intersection of Range Line Road and 146th Street. These
Center Identification Ground Signs may not include tenant
identification and shall be consistent in design with the sign shown
in Exhibit "B".
2. One (1) Center Identification Ground Sign with a maximum height
of 7 feet and a maximum sign area of 360 square feet shall be
allowed in the area adjacent to the greenbelt along U.S. Highway
31. This Center Identification Ground Sign may not include tenant
identification and shall be consistent in design with the sign shown
in Exhibit "B".
3. Two (2) Center/tenant identification ground signs with a maximum
height of 5 feet and a maximum sign area of 35 square feet shall be
allowed at each intersection of a private drive or public street and
Range Line Road. Copy on these Center/tenant identification
ground signs may include tenant names up to seventy (70) percent
of the maximum sign area and if tenant identification is included,
at least two but no more than six tenants may be identified.
D. Wall Signs: Consistent with the sign standards set forth in subparagraph
B. above, wall signs shall be permitted for each tenant. Excepting for any
standalone single or multi-tenant building adjacent to the greenbelt along U.S.
Highway 31, the Maximum Sign Area shall be determined in accordance with the
non-freeway sign chart applicable for tenants in Single Tenant & Multi-Tenant
Buildings (Ground Floor & Multi-Level) as set forth in Ordinance Z-302.
However, for purposes of this Ordinance, any building located adjacent to the
right-of-way of Range Line Road that is located less than five (5) feet from the
right-of-way line of Range Line Road shall be deemed to be located five (5) feet
from the right-of-way line for purposes of applying the sign chart referenced
above to determine the allowable sign area for the wall signage. Wall signs shall
be composed of individual letters and logos and may be illuminated by internal or
external sources. Tenants in buildings with more than one frontage on a public
street or private drive are allowed one wall identification sign per frontage on a
public street or private drive, as long as the total number of wall signs does not
exceed three (3). Standalone single or multi-tenant building adjacent to the
greenbelt along U.S. Highway 31 shall be permitted wall signs facing or oriented
toward U.S. Highway 31 in accordance with the provisions of Ordinance Z-302.
Provided, however that:
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there shall be no wall signs on the east facade of any multi-tenant
or single tenant buildings located east of the right-of-way of Range
Line Road; and
there shall be no wall signs on the west facade facing a single
family residential zoning district of any multi-tenant or single
tenant buildings located along or west of the west right-of-way of
Range Line Road.
E. Awning Signs: Signs may be imprinted on permanent awnings.
These signs shall be secondary to the wall signage of any tenant and the sign area
shall be subject to the approval of the Commission or a Committee of the
Commission as a part of the ADLS or ADLS amendment approval process and
pursuant to the Commissioffs Rules of Procedure.
F. Single Tenant Building Signs. Single tenant building signage shall
be as permitted by Ordinance Number Z-302, and as amended by Subparagraphs
B and D above
Section 10.4. Rooftop Mechanical Equipment: Any rooftop mechanical equipment
visible from an adjoining street or highway shall be screened with suitable walls or
fencing subject to the approval procedures contained in the Commission's Rules of
Procedure.
Section 10.5. Cart Corrals: Any cart corrals on the Real Estate shall be constructed of
masonry materials subject to the approval procedures contained in the Commission's
Rules of Procedure.
Section 11. Approval of ADLS:
A. The Commission shall consider an ADLS approval application for any
project on the Real Estate.
B. The Commission shall approve the ADLS without conditions, or approve
with conditions.
C. Pursuant to Paragraph A above, multi-tenant buildings shall be submitted
to the Commission for ADLS approval. At that time, palettes of building
materials, lighting fixtures, signage types and designs, awnings and window
treatments for the tenant facades may be submitted for approval concurrently with
the approval of the ADLS application for the multi-tenant building. Thereafter,
tenant facades (including, but not limited to, building materials, signage, awnings
and window treatments) may be submitted to the Department for approval. To the
extent that there is Material Alteration from the approved items within a particular
palette, then the request shall be reviewed and approved by a Committee of the
Commission, pursuant to the Commission's Rules of Procedure.
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Section 12.
D. If there is a Material Alteration in the ADLS plans, review and approval
shall be made by a Committee of the Commission, pursuant to the Commission's
Rules of Procedure.
E. The ADLS shall be a specific plan consisting of the architectural design of
any buildings, landscaping, lighting, and signage for a site on the Real Estate.
Approval or Denial of the Preliminary and Final Development Plan
A. The Commission shall approve without conditions, approve with
conditions, or disapprove the Preliminary Development Plan ("PDP") for any
project on the Real Estate. Provided, however, that the Commission shall not
unreasonably withhold or delay the approval ofa PDP that is in conformance with
this Ordinance and the Cannel/Clay Zoning Ordinance. If the Commission
disapproves the PDP for any project on the Real Estate, the Commission shall set
forth in writing the basis for the disapproval.
B. The Director shall approve without conditions, approve with conditions, or
disapprove the Final Development Plan ("FDP") for any project on the Real
Estate. Provided, however, that the Director shall not unreasonably withhold or
delay the approval of a FDP that is in conformance with this Ordinance and the
Carmel/Clay Zoning Ordinance. If the Director disapproves the FDP for any
project on the Real Estate, the Director shall set forth in writing the basis for the
disapproval.
C. An amendment to a PDP or FDP which does not alter the use of any land
may be reviewed and approved by the Director. However, any interested party
may appeal the decision of the Director directly to a committee of the
Commission.
D. The PDP shall be a preliminary plan for the development of real property
that is submitted for approval by the Commission showing proposed facilities and
structures and parking information for a site on the Real Estate.
E. The FDP shall be a specific plan for the development of real property that
is submitted for approval by the Director showing proposed facilities and
structures, parking, drainage, erosion control, utilities and building information
for a site on the Real Estate.
F. No Final Certificate of Occupancy shall be issued for any building until
Range Line Road has been constructed between 146th Street and U.S. Highway
31, west of U.S. Highway 31.
G. Improvements to Range Line Road south of the intersection of Range Line
Road and U.S. Highway 31 shall be completed in accordance with plans approved
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Page 14
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
by the Department within 6 months following the completion of construction of
Range Line Road between 146th Street and U.S. Highway 31.
Tree Preservation in Future Ramp Area: No fewer than 140 inches of trees
will be preserved on that portion of the Real Estate designated as Area "C." Area
"C" is situated on the project's eastern boundary, facing U.S. 31, and comprises
approximately 4.75 acres as outlined and defined in the tree preservation and
reforestation plan approved by the Carmel Department of Community Services'
Urban Forester, Mr. Scott Brewer. This commitment to preserve these trees is in
lieu of the establishment of a 50 foot buffer area along U.S.31. The owner of the
Real Estate reserves the fight to remove any dead or diseased tree, or any tree that
constitutes a threat to the public health, safety welfare; however, the owner shall
replace any removed tree and maintain the minimum 140-inch requirement. This
commitment will terminate in the event that the Indiana Department of
Transportation, Hamilton County or any other governmental unit acquires Area
"C" for the installation of ramps related to the expansion of U.S. 31. However,
consistent with the approved tree preservation and reforestation plan, the 140
inches of trees will be replaced through new plantings elsewhere on the site.
Commencement of Construction: If at the end of twenty-four (24) months
following the date of adoption of this Ordinance by the Common Council of the
City of Carmel (the "Council"), construction has not commenced on the Real
Estate consistent with the provisions of this Ordinance, then Lauth Property
Group, its successors or assigns, as developer, (the "Developer"), shall, upon
notice, appear before the Council to update the members of the Council as to the
status of the commencement of construction. At that time, Developer may request
one (1) additional year, to commence construction. At the meeting, the Council
shall be free to: (1) allow this Ordinance to remain in full force and effect; (2)
allow this Ordinance to remain in full force and effect for one (1) additional year;
or (3) repeal this Ordinance.
Violations of Ordinance: All violations of this Ordinance shall be subject to
Section 34.0 of the Carmel/Clay Zoning Ordinance.
All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Ordinance Z-386-02
U.S. Highway 31 and 146th Street PUD Ordinance
Page 15
PASSED by the Common Counci! of the City of Carmel, Indiana this ,-~ day of
{/_..4!z~,rlra/I/W?, 2002, by a vote of ~ ayes and r.flh nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
P~ding Officer
Wayne ~Vifson, President Pro Tempore
Robert Battreall
Kevin Kirby
~ld E. Carter
Luci S~yder tt
ATTEST:
Diana L. Cordray, IAMC,~lerk-~reasurer
Ordinance Z-386-02
U.S. Highway 3Iand 146th S~eet PUD Ordinance
Page 16
Prese~. byt/ meto, 2002,the Mayorat t/O.~°f~theM.City of Carmel, Indiana this ~ day of
Diana L. Cordray, IAMC, Cl~rk~/r~asurer
Approved by me, Mayor of the City of Carmel, Indiana, this ~ ]~ 9
day of
~' e~ ~,,,t~_, 2002, at /~ y
ATTEST:
Diana L. Cordray, IAMC, Clerk-T}/eas~urer
Prepared by:
Paul G. Reis, Esq.
Attomey-at-Law
Drewry Simmons Pitts & Vomehm, LLP
8888 Keystone Crossing, Suite 1200
Indianapolis, Indiana 46240
PUD Ordinance 8-22-02(City Council_l).doc
Exhibit 'A'
Legal Descriptions
Parcels #1 and #2
W&D Land Company, LLC
Parcel 1 (Instr. #2000-47987)
Part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning on the North line of the East half of the Northeast Quarter of Section 24, Township 18
North, Range 3 East 810.48 feet South 88 degrees 47 minutes 30 seconds West (assumed bearing)
from the Northeast comer of said Northeast Quarter; thence South 00 degrees 02 minutes 45 seconds
East parallel with the East line of said Northeast Quarter 310.00 feet; thence North 88 degrees 47
minutes 30 seconds East parallel with said North line 170.00 feet; thence South 00 degrees 02
minutes 45 seconds East parallel with the said East line 369.8 feet to the North line of real estate
described in a conveyance by Warranty Deed Record 168, page 378 in the Office of the Recorder
of Hamilton County, Indiana; thence South 88 degrees 51 minutes 20 seconds West parallel with the
South line of said Northeast Quarter 665.09 feet to the West line of said East half; thence North 00
degrees 00 minutes 50 seconds West on said West line 323.30 feet to apoim 355.55 feet South of
the Northwest comer of said East Half; thence North 88 degrees 46 minutes 42 seconds East 206.95
feet; thence North 00 degrees 57 minutes 39 seconds East 355.68 feet to a point on the North line
of said Northeast Quarter 1092.21 feet West of the Northeast comer thereof; thence North 88 degrees
47 minutes 30 seconds East on said North line 123.73 feet to the Northwest comer of real estate
described in a conveyance by Warranty Deed recorded in Deed Record 209, page 211 in said
Recorder's Office, being 948.48 feet West of said Northeast comer; thence South 00 degrees 12
minutes 30 seconds East on the West line of said real estate 350.00 feet to the Southwest comer
thereof; thence North 88 degrees 47 minutes 30 seconds East on the South line of said real estate
parallel with said North line 125.00 feet to the Southeast comer of said real estate; thence North 00
degrees 12 minutes 30 seconds West on the East line of said real estate 350.00 feet to the North line
of said Northeast Quarter; thence North 88 degrees 47 minutes 30 seconds East on said North line
33.00 feet to the place of beginning.
Parcel 2 (Inst. #2000-47988)
Part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Hamilton
County, Indiana, being more particularly described as follows:
Beginning 843.48 feet West of the Northeast comer of the Northeast quarter of Section 24, Township
18 North, Range 3 East; thence West on and along the North line of said Quarter Section 125 feet
to a point; thence South on a forward deflection angle of 89 degrees 00 minute left 350 feet to a
point; thence East and parallel to the North line of said quarter section 125 feet to a point; thence
North 350 to the place of beginning.
Parcel #3
Liebtag
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
described as follows:
Beginning at a point 680.0 feet South of the Northeast comer of the East Half of Section 24,
Township 18 N, R 3 E; thence South on and along the East line of said East Half 680.3 feet to a
point; thence West 1305.42 feet to the West line of said East Half; thence North 680.3 feet to an iron
stake; thence said point being 679.5 feet South, of the Northwest comer of the said East Half; thence
East 1305.71 feet to the place of beginning.
ALSO:
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
described as follows:
Beginning at the Northeast comer of the Northeast Quarter, of Section 24, Township 18 N, R 3 E;
thence South along the East line of said Quarter section 680.00 feet to a point; thence West parallel
with the North line of said Quarter section 639.71 feet to an iron stake, said point being 666.0 feet
East of the West line of said East Half; thence North Parallel with the West line of the East Half
680.0 feet to the intersection with the North line of said Quarter section; thence East on and along
said North line 640.0 feet to the place of beginning.
EXCEPT: (RIGHT OF WAY)
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana described as follows:
Commencing at the northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds
West (assumed bearing) 195.218 meters (640.48 feet) along the north line of said section to the
prolonged west line of the owner's land; thence South 0 degrees 13 minutes 46 seconds East 5.030
meters (16.50 feet) along said prolonged west line to the point of beginning of the description, which
point is on the south boundary of 146th Street ;thence North 88 degrees 36 minutes 43 seconds East
along the boundary of said 146 Street to the west boundary of frontage
134.360 meters (440.81 feet) th
road; thence South 1 degree 23 minutes 17 seconds East 2.043 meters (6.70 feet) along the boundary
of said frontage road; thence South 71 degrees 35 minutes 19 seconds East 20.571 meters (67.49
feet) along said frontage road; thence South 2 degrees 39 minutes 48 seconds East 11.964 meters
(39.25 feet) along said boundary; thence South 88 degrees 36 minutes 43 seconds West 154.405
meters (506.58 feet) to the west line of the owner's land; thence North 0 degrees 13 minutes 46
seconds West 20.975 meters (68.82 feet) along said west line to the point of beginning and
containing 0.3122 hectares (0.772 acres) more or less.
EXCEPT: (EXISTING RJW)
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana described as follows:
Beginning on the north line of said section South 88 degrees 36 minutes 43 seconds West (assumed
beating) 60.960 meters (200.00) feet) from the northeast comer of said section; thence South 1
degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) to the south boundary of 146th Street;
thence South 88 degrees 36 minutes 43 seconds West 134.360 meters (440.81 feet) to the west line
of the owner's land; thence North 0 degrees 13 minutes 46 seconds West 5.030 meters (16.50 feet)
along said west line to said north line; thence North 88 degrees 36 minutes 43 seconds East 134.258
meters (440.48 feet) along said north line to the point of beginning and containing 0.0675 hectares
(0.167 acres) more or less.
EXCEPT: (SHELL PIPELINE)
Parcel #4
Liebtag
Located in the Northeast Quarter of Section 24, Township 18 North, Range 3 East, described as
follows: Beginning at a point 115.5 feet West of the Northeast comer of Section 24, Township 18
North, Range 3 East; thence South 28 degrees 18 minutes West to an iron post, a distance of 410.75
feet to an iron post; thence South 44 degrees 13 minutes West to an iron post, a distance of 461.5
feet to an iron post; thence South 41 degrees 0 minutes to an iron post, a distance of 927.7 feet to an
iron post located 67 feet East of the Southwest comer of the Northeast Quarter of the Northeast
Quarter of said Section.
Parcel #5
Pappas
A part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Clay
Township, Hamilton County, Indiana, being more specifically described as follows:
BEGINNING at a point on the East line of the Northeast Quarter of Section 24, Township 18 North,
Range 3 East, said Point of Beginning being South 00 degrees 00 minutes 00 seconds (assumed
bearing) 1360.30 feet from the Northeast comer of said Northeast Quarter; thence South 00 degrees
00 minutes 00 seconds 680.35 feet (measured, 680.2 feet Deed) on and along the East line of said
Northeast Quarter to a point being North 00 degrees 00 minutes 00 seconds 600.80 feet from the
Southeast comer of said Northeast Quarter; thence South 88 degrees 54 minutes 30 seconds West
1305.13 feet parallel with the South line of said Northeast Quarter; thence North 00 degrees 01
minutes 27 seconds West 680.20 feet; thence North 88 degrees 54 minutes 07 seconds East 1305.42
feet to the POINT OF BEGINNING. Containing 20.38 acres more or less, being subject to the fight
of way grant for U.S. Road Number Thirty One and the right of way grant for a frontage road
adjacent to U.S. Road Number Thirty One, leaving 18.37 acres more or less, being subject to all
applicable easements and rights of way of record.
Parcels #6 & #7
Walter
Tract A and Tract B in A Replat of Part of Walter's Plaza Replat, the plat of which is recorded in
Plat Book 2, page 267 in the Office of the Hamilton County Recorder, Hamilton County, Indiana.
Parcel #8
Thornberry
A part of the East half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning at a point on the North line of the said half Quarter Section, said point being 640.58 feet
West of the Northeast Comer of said half Quarter Section. Continue thence Westwardly along and
with the aforesaid North line 170.00 feet; thence Southwardly parallel to the East line of said East
half Quarter Section 310.00 feet; thence Eastwardly parallel to the North line of aforesaid Half
quarter Section 170.00 feet; thence Northwardly 310.00 feet to the place of beginning, containing
1.200 acres, more or less.
Parcel #9
Hofmann
A Part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana, more particularly described as follows:
Beginning at a point on the North line of the East Half of the Northeast Quarter of Section 24,
Township 18 North, Range 3 East, South 88 degrees 47 minutes 30 seconds West (assmned beating)
1092.21 feet from the Northeast comer of said Northeast Quarter; thence South 00 degrees 57
minutes 39 seconds West 355.68 feet; thence South 88 degrees 46 minutes 42 seconds West 206.95
feet to the West line of said East Half; thence North 00 degrees 00 minutes 50 seconds West on and
along said West line 355.55 feet to the Northwest comer of said East Half; thence North 88 degrees
47 minutes 30 seconds East on and along said North line 213.00 feet, to the place of beginning.
Except that part deeded to the Board of County Commissioner by Warranty Deed dated May 4, 1998
and recorded July 16, 1998 as Instrument No. 98-38949, in the Office of the Recorder of Hamilton
County, Indiana, being more particularly described as follows:
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows:
Beginning at a point on the North line of said Section South 88 degrees 36 minutes 43 seconds West
(assumed beating) 332.906 meters (1092.21 feet) from the Northeast comer of said Section, said
point is at a Northeast comer of the owner's land; then South 00 degrees 46 minutes 52 seconds
West 5.033 meters (16.51 feet) along an East line of the owner's land; thence South 88 degrees 36
minutes, 43 seconds West 64.705 meters (212.29 feet) to a West line of the owner's land; thence
North 00 degrees 11 minutes 53 seconds West 5.030 meters (16.50 feet) along said West line to said
North line; thence North 88 degrees 36 minutes 43 seconds East 64.791 meters (212.57 feet) along
said North line to the point of beginning and containing 0.0326 hectares (0.80 acres) more or less.
Also except that part deeded to the Board of County Commissioners by Warranty Deed dated May
4, 1998, and recorded July 16, 1998 as Instrument No. 98-38950, in the Office of the Recorder of
Hamilton County, Indiana, being more particularly described as follows:
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana described as follows:
Commencing at the Northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds
West (assumed bearing) 332.906 meters (1092.21 feet) to a prolonged East line of the owner's land;
thence South 00 degrees 46 minutes 52 second West 5.033 meters (16.51 feet) along said prolonged
East line to the point of beginning of this description, which point is on the South boundary of 146~
Street; thence continuing South 00 degrees 46 minutes 52 seconds West 14.982 meters (49.15 feet)
along an East line of the owner's land; thence South 88 degrees 36 minutes West 64.449 meters
(211.45 feet) to the West line of the owner's land; thence North 00 degrees 11 minutes 53 seconds
West 14.974 meters (49.13 feet) along said West line to the boundary of said 146th Street; thence
North 88 degrees 36 minutes 43 seconds East 64.705 meters (212.29 feet) along said boundary to
the point of beginning and containing 0.0967 hectares (0.239 acres) more or less.
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CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-386-02
U.S. Highway 31 & 146th Street
Planned Unit Development District
To:
The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan comnUssion offers you the following report on the application of the Lauth Property Group
(Docket No. 127-01 Z) petitioning the Commission to establish the U.S. Highway 31 & 146tn Street Planned Unit
Development District. The area affected is generally located on the southwest comer of East 146th Street and U.S.
Highway 31, Hamilton County, Indiana.
The Carmel/Clay Plan Commission's recommendation on the petition of the Lauth Property Group is
FAVORABLE.
At a special meeting held Tuesday, June 4, 2002, the Carmel/Clay Plan Commission voted nine (9) in Favor, zero
(0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-386-02 with a
Favorable Recommendation.
Please be advised that by virtue of the Plan commission's Favorable Recommendation, pursuant to IC 36-7-4-
607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the
Commission. Ninety days from the date of this Certification is Monday, September 2, 2002.
CARMEL/CLAY PLAN COMMISSION
1V~a~il~h~nde~.s~n, Pr~s~dent~i
DATED: June 7, 2002
CARMEL CLERK
TR EA~,U~:: R