HomeMy WebLinkAboutPUD Amendment Red Line 11-21-18 Sponsor: Councilor Finkam
ORDINANCE Z- -P)-637-18
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 19 637-18 (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 Favorable 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Ordinance shall be null and void and replaced and superseded by this Legacy PUD Amendment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.
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.
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F. The Controlling Developer shall complete construction of the Amenity Area
no later than May 15, 2020 provided Cherry Creek Boulevard is completed
(open to public travel) by June 30, 2019. For every day the road is delayed,
the developer is allowed an additional day to construct the Amenity Area.
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 19-637-18 shall continue, unchanged, and the
Original Legacy PUD Ordinance, as amended and revised by this Legacy Amendment
I Ordinance Number Z 19-637-18, shall remain in full force and effect.
I Section 6. This Legacy Amendment Ordinance Number Z 19-637-18 shall be in
full force and effect from and after its passage by the Common Council and signing by
the Mayor.
I
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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' 10'1 I15 112118
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Exhibit A
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Exhibit B
Amenity Area Conceptual Site Plan
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LEGACY AMENITY CONCEPT
CHERRY CREEK BOULEVARD
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