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Home My WebLink AboutPacket for PC 11-20-18 Legacy PUD Amendment Docket No. 18090010 OA TEXT AMENDMENT APPLICATION CITY OF CARMEL, INDIANA November 20, 2018 Carmel Plan Commission Applicant: Falcon Nest II, LLC Attorneys: Nelson & Frankenberger, LLC Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Explanation of Request 2. Legacy Site Map (Amenity Location Exhibit) 3. Amenity Area Site Plan 4. Legacy Use Block Map (Remaining area permitting apartments as outlined) 5. Legacy PUD Amendment Ordinance TAB 1 TAB 2 TAB 3 TAB 4 Use Blocks where Apartments are Permitted:Urban Residential (UR)Village Core (VC)Corner Use Block (CU) TAB 5 Sponsor: Councilor ____________ ORDINANCE Z-___-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING THE LEGACY PLANNED UNIT DEVELOPMENT DISTRICT (Z-501-07) Synopsis: Ordinance establishes an Amendment to the Legacy Planned Unit Development District Ordinance, Ordinance Number Z-501-07 which Amendment shall be referred to as The Legacy PUD Amendment Ordinance Number Z-___- 19 (the “Legacy PUD Amendment Ordinance”). The Legacy PUD Amendment amends certain provisions of the original Legacy PUD Ordinance Number Z-501-07, which was adopted by the Common Council on January 22, 2007 (the “Original Legacy PUD”) pertaining to the Amenity Area improvements, Maximum Unit Limitations and Common Area irrigation currently served by wells to be connected to City Water Service. WHEREAS, the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “Unified Development 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, on January 22, 2007 the Common Council adopted the Legacy Planned Unit Development Ordinance, Ordinance Number Z-501-07 which established the Legacy PUD District (the “Original Legacy PUD”); and WHEREAS, the Plan Commission has given a __________ recommendation to this Legacy PUD Amendment Ordinance under docket number 18099910 OA, which Legacy PUD Amendment Ordinance amends certain provisions of the Original Legacy PUD with respect to the real estate that was legally described on Exhibit A of the Original Legacy PUD (the “Real Estate”). NOW, THEREFORE, BE IT ORDAINED by the Council, that: (i) pursuant to IC §36-7- 4-1500 et seq., the Council adopts this Legacy PUD Amendment Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this Legacy PUD Amendment Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate or parts thereof inconsistent with any provision of this Legacy PUD Amendment Ordinance shall be null and void and replaced and superseded by this Legacy PUD Amendment Ordinance; and, (iv) this Legacy PUD Amendment Ordinance shall be in full force and effect from and after its passage and signing. 2 NOW, THEREFORE, BE IT ORDAINED by the Carmel City Council, that the Original Legacy PUD be amended as follows by this Legacy PUD Amendment Ordinance: Section 1. Amenity Area: Section 11.8 of the Original Legacy PUD is replaced and superseded by the following: A. The Controlling Developer shall construct an Amenity Area on the Real Estate in the area marked in green cross-hatch as generally depicted on Exhibit A (Amenity Area Location Map) which is attached hereto and incorporated herein by reference. B. The Amenity Area shall contain, at a minimum, the following improvements: 1. One (1) outdoor pool of a minimum size of one thousand nine hundred fifty (1,950) square feet; 2. One (1) wading pool of a minimum size of two hundred (200) square feet; 3. A bathhouse with changing rooms and storage; 4. A pavilion; 5. A picnic area; 6. A sport court; 7. Playground equipment; and, 8. A parking area. C. The conceptual layout for the Amenity Area is shown on Exhibit B (Amenity Area Conceptual Site Plan) which is attached hereto and incorporated herein by reference. D. Development Plan (“DP”) and Architectural Design, Landscaping, Lighting and Signage (“ADLS”) approval shall not be required if the Amenity Area is in substantial compliance with the layout illustrated on Exhibit B. Technical Advisory Committee (“TAC”) review shall be required. An application for TAC review shall be submitted within sixty (60) days of adoption of this Ordinance. E. The Controlling Developer shall commence construction of the Amenity Area within (i) sixty (60) days after obtaining TAC review or (ii) completion of Cherry Creek Boulevard, whichever occurs later. 3 Section 2. Maximum Unit Limitations: A. Section 17.1 (Primary Residential Density) of the Original Legacy PUD is replaced and superseded in its entirety by the following: The total number of Detached Dwellings, Attached Dwellings, Apartments, and CCRC Cottages shall not exceed one thousand two hundred fifty (1,250), may occur in any combination subject only to the limitation of Section 2 of this Ordinance, are referred in the Chart in Section 17.3 of the Original Legacy PUD as “Base Units”, and may occur in any combination subject only to the limitations below: 1. Maximum Attached Dwellings. Without the approval of the Plan Commission, there shall be no more than four hundred seventy six (476) Attached Dwellings. 2. Maximum Apartments. Without the approval of the Plan Commission, there shall be no more than three hundred eighty nine (389) Apartments. B. Section 17.2 (Ancillary Use Limitations) of the Original Legacy PUD is amended to replace “one thousand three hundred forty-four (1,344)” with the limitation amended above, “one thousand two hundred fifty (1,250)”. The regulation of Ancillary Units is otherwise unchanged and remains regulated per Section 17.2 and Section 17.3 of the Original Legacy PUD. Section 3. The Controlling Developer shall cause any Common Areas that are currently irrigated directly by a well to have said Common Areas be connected to City of Carmel water service for irrigation purposes. Section 4. The trees in “Barker’s Canopy” (the central woods), as illustrated on Exhibit A, shall be preserved and shall not be removed. This area shall be included in a tree preservation easement if included in a subdivision plat. Section 5. All provisions of the Original Legacy PUD not affected by this Legacy PUD Amendment Ordinance Number Z-___-19 shall continue, unchanged, and the Original Legacy PUD Ordinance, as amended and revised by this Legacy Amendment Ordinance Number Z-___-19, shall remain in full force and effect. Section 6. This Legacy Amendment Ordinance Number Z-___-19 shall be in full force and effect from and after its passage by the Common Council and signing by the Mayor. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 4 ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of _________________, 2018, by a vote of _______ ayes and ________ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of _________________, 2018, by a vote of _______ ayes and ________ nays. ___________________________________ ____________________________________ Presiding Officer H. Bruce Kimball ___________________________________ ____________________________________ Laura D. Campbell Kevin D. Rider ___________________________________ ____________________________________ Ronald E. Carter Tony Green ___________________________________ ____________________________________ Sue Finkam Jeff Worrell ATTEST: __________________________________ Christine S. Pauley, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ________________________ 2018, at _______ __.M. ____________________________________ Christine S. Pauley, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2018, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: __________________________________ Christine S. Pauley, Clerk-Treasurer This Instrument prepared by: James E. Shinaver, attorney at law, and Jon C. Dobosiewicz, land use professional, of NELSON & FRANKENBERGER. LLC, 550 Congressional Boulevard, Suite 210, Carmel, IN 46032 Legacy Amendment to PUD - Draft 3 103118 5 Exhibit A Amenity Area Location Map 6 Exhibit B Amenity Area Conceptual Site Plan