HomeMy WebLinkAboutZ-588-14 The Bridges Amendments Sponsors: Councilor Rider
ORDINANCE Z-588-14
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE BRIDGES
PLANNED UNIT DEVELOPMENT DISTRICT (Z-550-11)
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development
District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and,
WHEREAS, the Carmel City Council Adopted Ordinance Z-550-11 on June 20, 2011
(the "Original Ordinance"), which established the Bridges Planned Unit Development District;
and,
WHEREAS, The Bridges II, LLC desires to amend the Original Ordinance with respect
to the real estate legally described in what is attached hereto and incorporated herein by
reference as Exhibit A(the"Real Estate"); and,
WHEREAS, under Docket Number 14010011 OA, on the 15 day of April, 2014, the
Carmel Plan Commission favorably recommended this Ordinance Z-588-14 (the "Text
Amendment")to the Carmel City Council; and,
WHEREAS, subject to the approval and enactment by the Carmel City Council of this
Text Amendment, the Carmel Plan Commission has approved Docket Number 04010913 ADLS
(the "Market District ADLS Approval"), Docket Number 14010014 ADLS (the "GetGo ADLS
Approval") and Docket Number 14010012 DP (the"Market District DP Approval").1`.=
NOW, THEREFORE, BE IT ORDAINED by the Carmel City Council, that fle Bridges
Ordinance be amended as follows:
Section 1. Definitions: Unless otherwise defined in this Text Amendment, all
capitalized words and procedural provisions in this Text Amendment shall have the meaning
ascribed to them in the Original Ordinance and, further, the term "Convenience Store Building",
as used in this Text Amendment, shall mean the Convenience Store Building depicted in the
plans approved under the GetGo ADLS Approval and "Grocery Store Building", as used in this
Text Amendment, shall mean the Grocery Store Building depicted in the plans approved under
the Market District ADLS Approval, as amended from time to time per the procedural provisions
of the Original Ordinance.
Section 2. Second Right-In/Right-Out to Illinois Street: Section 13.9 of the
Original Ordinance is hereby amended and supplemented to allow an additional, second right-
in/right-out access to Illinois Street where indicated on the Market District DP Approval.
Section 3. Revision to Signage Requirements: The requirements pertaining to
signage, set forth in Section 9 of the Original Ordinance, are hereby amended to allow the
signage approved under the Market District ADLS Approval, as amended from time to time per
the procedural provisions of the Original Ordinance.
Section 4. Outdoor Sales and Display: Section 13.6 of the Original Ordinance is
hereby replaced and superseded by the following:
1. As an Accessory Use to the primary Use, display and sales of merchandise shall be
permitted at the Grocery Store Building in conformance with the requirements of
Article 25.21 of the Zoning Ordinance provided, however, that outdoor display and
sales (i) shall be permitted during and at all times, (ii) shall be limited to the area
identified in Exhibit B; (iii) shall not require ADLS approval, (iv) shall in general be
consistent with the character and appearance of the outdoor display illustrated by the
Conceptual Character Imagery attached hereto and incorporated herein by reference
as Exhibit C and (v) shall be subject to the limitations specified in Exhibit D.
2. As an Accessory Use to the primary Use, display and sales of merchandise shall be
permitted at the Convenience Store Building in conformance with the requirements of
Article 25.21 of the Zoning Ordinance provided, however, that outdoor display and
sales (i) shall be permitted during and at all times, (ii) may include an ice
merchandiser, propane exchange, and 4' by 16' merchandising display, and (iii) shall
as a condition require design and screening approval by the Special Studies
Committee of the Plan Commission.
Section 5. Additional Standards: The following additional standards shall apply to
the Market District DP Approval.
1. All delivery vehicles accessing the Grocery Store Building shall have back-up alarms
(beepers) disabled between the hours of 9pm and 7am.
2. Trash pick-up at the Grocery Store Building shall not occur other than between the
hours of 7am to 7pm.
3. At the time of the development of the portion of the Commercial Amenity Use Block
located north of the Grocery Store Building parking area and west of the Convenience
Store Building Site, a side walk shall be extended westward, from the southwest
corner of the Convenience Store Building site to Springmill Road.
4. Between the hours of 12am and 6am lighting levels for the loading dock area and an
area along Springmill Road, as shown highlighted in Exhibit E, will be reduced to
meet the minimum IESNA (Illumination Engineering Society of North America)
Enhanced Security requirements.
Section 6. Market District ADLS Approval: This Text Amendment shall apply
and remain in full force and effect only if the Grocery Store Building is constructed pursuant to
the Market District ADLS Approval as amended from time to time per the procedural provisions
2
of the Original Ordinance, and, therefore, this Text Amendment shall be null and void and
without any force or effect if the Grocery Store Building is not constructed pursuant to the
Market District ADLS Approval, as amended from time to time per the procedural provisions of
the Original Ordinance.
Section 7. Amended Original Ordinance: All provisions of the Original
Ordinance not affected by this Text Amendment shall continue, unchanged, and the Original
Ordinance, as amended and revised by this Text Amendment, shall remain in full force and
effect and shall hereafter be referred to as the Bridges PUD.
Section 8. Effective Date: This Ordinance Z-588-14 shall be in full force and
effect from and after its passage and signing by the Mayor.
The remainder of this page is left blank intentionally.
3
Exhibit A
Real Estate
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton
County, Indiana, and being more particularly described as follows:
COMMENCING at the northwest corner of said Northwest of said Quarter Section; thence
North 89 degrees 17 minutes 34 seconds East (assumed basis of bearings) along the north
line of said Northwest Quarter 117.22 feet to the southwest corner of the Southwest
Quarter of Section 35, Township 18 North, Range 3 East, being the northwest corner of
"Parcel 2" as described in Instrument Number 200200026462 on file in the Office of the
Hamilton County Recorder, the following two (2) courses being along the boundary of
Parcel 2; 1) thence North 88 degrees 32 minutes 44 seconds East 683.78 feet; 2) thence
South 00 degrees 11 minutes 31 seconds East 155.44 feet to the southeast corner of"Parcel
2", being the northeast corner of "Parcel 2A" as described in Instrument Number
200200026462 on file in the Office of said Recorder, the following two (2) courses being
along the boundary of Parcel 2A; 1) thence continuing South 00 degrees 11 minutes 31
seconds East 777.00 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 109.81
feet to westerly right-of-way of Illinois Street and the Point of Beginning of this description:
thence along said westerly right-of-way the following three (3) courses: 1) South 00
degrees 11 minutes 24 seconds East 117.15 feet; 2) southeasterly 577.03 feet along an arc to
the left having a radius of 815.00 feet and subtended by a long chord having a bearing of South
20 degrees 28 minutes 24 seconds East and a length of 565.06 feet; 3) South 40 degrees 45
minutes 23 seconds East 117.25 feet; thence westerly 45.69 feet along an arc to the left having a
radius of 49.50 feet and subtended by a long chord having a bearing of South 75 degrees 53
minutes 38 seconds West and a length of 44.08 feet; thence South 49 degrees 27 minutes 07
seconds West 8.07 feet; thence westerly 157.33 feet along an arc to the right having a radius of
222.00 feet and subtended by a long chord having a bearing of South 69 degrees 45 minutes 18
seconds West and a length of 154.06 feet; thence North 89 degrees 56 minutes 30 seconds West
439.24 feet; thence westerly 46.70 feet along an arc to the right having a radius of 502.00 feet
and subtended by a long chord having a bearing of North 87 degrees 16 minutes 36 seconds
West and a length of 46.6.8 feet; thence North 84 degrees 36 minutes 43 seconds West 221.23
feet; thence westerly 21.42 feet along an arc to the left having a radius of 39.50 feet and
subtended by a long chord having a bearing of South 79 degrees 51 minutes 21 seconds West
and a length of 21.15 feet to easterly right-of-way of Springmill Road; thence North 00 degrees
03 minutes 30 seconds East 878.34 feet along said easterly right-of-way; thence South 89
degrees 59 minutes 48 seconds East 395.30 feet; thence North 00 degrees 06 minutes 24 seconds
West 275.55 feet; thence North 89 degrees 49 minutes 11 seconds East 247.87 feet to the
westerly right-of-way of said Illinois Street; thence along said westerly right-of-way the
following two (2) courses: thence South 00 degrees 11 minutes 47 seconds East 369.73 feet;
thence North 89 degrees 48 minutes 26 seconds East 0.99 feet to the point of beginning and
containing 16.349 acres, more or less.
Exhibit"A"—Page 1 of 1
Exhibit B
Market District Outdoor Sales and Display Area
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Exhibit"B"—Page 1 of 1
Exhibit C
Market District Outdoor Display Conceptual Character Imagery
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Exhibit"C"—Page 1 of 1
Exhibit D
Market District Outdoor Sales/Exterior Merchandising Parameters
Outdoor Sales at the Bridges will consist of bountiful fresh produce and floral items, that
will be rotated seasonally, including hanging floral baskets, flowers and plants in the warmer
months of spring and summer, corn stalks, pumpkins and gourds in fall, cold tolerant plants,
holiday favorites in winter such as wreaths, pine cones, Christmas trees and firewood, and other
secondary merchandise.
The displays may utilize refurbished antique pick-up trucks, tractors, and other such
appropriate merchandising props. In addition, weather permitting, outdoor prepared food sales,
such as grilled meats and side dishes, specialty events such as live hatch chili pepper roasting
and occasional produce vendor sales may take place.
Prohibited sales include (i) mulch, salt, windshield washer fluid and other similar bulk or
palletized merchandise, (ii) patio furniture, gas grills and other similar merchandise and (iii)
storage of shipping boxes with product inventory outside of merchandisers. The sale and
merchandising of these products would take place inside the building. The prohibition of
palletized merchandise does not preclude the use of portable merchandiser stands designed to
hold and display the allowed outdoor sales products noted above in the first paragraph.
Exhibit"D"—Page 1 of 1
Exhibit E
Parking Lot Lighting Restrictions •
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Exhibit`B"—Page 1 of 1
ADOPTED by the Common Council of the City of Carmel, Indiana this 0 day of
Y at , 2014,by a vote of ? ayes and Q nays.
COMMON COUNCIL FOR THE .CIT O CARM _
/!
fir/
`residing Officer Kevi ,L Rider
% 1____ Lid/ (-16(11 I 1
W. Eric Seidenstick-r, President Pro 7 pore Carol Schleif
i
,-- ,rd
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1 Rw•ald E. Carter Richard L. Sharp
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Ali ../ --"6111111 ----- -'(.7' ..1L.4/A_PZ/---4._
IIinkam ! Luci der /
ATTEST: /
/6., . l�1
2 , .
Diana L. Cordray, IAMC, Clerk-Tre
41
Presented by me to the Mayor of the City of Carmel, Indiana this day of
° 2014, at 2, .35 -P.M.
4.• - bauY t, ; ' , v /
Diana L. Cordray, IAMC, Clerk-T -asurer
Approved by me, Mayor of the City of Carmel, Indiana,this 5 day of
d 2014, at 8 :3S £.M. -
L1&ainard,Mayor
ATTEST:I) --4_,
1
1. A ',;
Diana L. Cordray, IAMC, Clerk-Treas Ier
l./
This Instrument prepared by: Charles D. Frankenberger, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional,NELSON&FRANKENBERGER.
3105 East 98th Street, Suite 170,Indianapolis,IN 46280.
1-I:\Zoning&Real Estate Matters\Gershman\Giant Eagle\Text Amendment\Bridges PUD 2014 Text Amendment Ordinance-CC 042514.doc
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-588-14
The Bridges PUD Ordinance Amendment
to amend The Bridges PUD Ordinance Z-550-11
•
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket
No. 14010011)petitioning to amend the previous PUD Ordinance Z-550-11.
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of April 15, 2014, the Carmel Plan Commission voted
Ten (10) in Favor, One (1) Absent, to forward to the Common Council the proposed
Ordinance No. Z-588-14 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
the Certification is Thursday, July 17, 2014.
CARMEL PLAN COMMISSION
BY: S-tc( 1/l, k•�-�C.O!�''�a(.Q_.i L—T /L.Q- '
Steven R. Stromquist, President !
ATTEST:
Lisa Motz, Secretary
Cannel Plan Commission SO: d 8 f WV hHQU
Dated: April 18, 2014