HomeMy WebLinkAboutPacket for CC 12-17-18 Legacy PUD Amendment
Ordinance Z-637-18
TEXT AMENDMENT APPLICATION
CITY OF CARMEL, INDIANA
December 17, 2018
Carmel City Council
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
Plan Commission Certification
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
EXPLANATION OF REQUEST
The Legacy PUD was approved by the City of Carmel's Common Council on January 22,
2007 as Ordinance Z-501-07 (the "Original Legacy PUD"). The Legacy development is south of
and adjacent to 146th Street and west of and adjacent to River Road. The site is depicted on exhibit
included under Tab 2.
While the Original Legacy PUD had provisions related to an Amenity Area and Maximum
Unit Limitations, the applicant and owner, Falcon Nest II, LLC, has filed a text amendment
application (the "Amended Legacy PUD") to modify the Original Legacy PUD for the primary
purpose of: (i) providing more clarity as to what will be included in the Amenity Area and a more
defined time frame in which to advance the construction of the Amenity Area; and, (ii) modifying
the Maximum Unit Limitations by reducing the overall number of permitted dwelling units within
The Legacy, reducing the overall number of permitted attached dwellings and permitting additional
apartment units.
Specifically, the Amended Legacy PUD includes the following:
1. Location of the Amenity Area and Conceptual Site Plan for Amenity Area: While the
Original Legacy PUD generally depicted where the Amenity Area could possibly be
located, it did not provide for a specific location and did not provide a conceptual site
plan for the improvements to be included within the Amenity Area. However, the
Amended Legacy PUD, as depicted on Exhibit A and Exhibit B, clearly defines the
specific location where the Amenity Area will be constructed and provides a conceptual
site plan for the improvements to be included in the Amenity Area.
2. Facilities for the Amenity Area: While the Original Legacy PUD provided a list of
potential features that could possibly be included in the Amenity Area, pursuant to
Section 1(B) of the Amended Legacy PUD the Amenity Area is now required to include
as a minimum the following: one (1) outdoor pool of a minimum size of one thousand
nine hundred fifty (1,950) square feet; one (1) wading pool of a minimum size of two
hundred (200) square feet; a bathhouse with changing rooms and storage; and the
following which are not required under the Original Legacy PUD: a pavilion; a picnic
area; a sport court; playground equipment; and, a parking area.
3. Advancement of the Amenity Area: While the Original Legacy PUD does not contain a
specific time frame by which the Amenity Area will be designed and advanced, Section
1(D), Section 1(E) and Section 1(F) of the Amended Legacy PUD requires a specific
timeframe which the Amenity Area design must be submitted for TAC review and by
which construction of the Amenity Area shall commence and be completed.
4. Amending the Maximum Unit Limitations: While the Original Legacy PUD permitted a
maximum of 1,344 dwelling units, including a specific number of permitted attached
dwellings and apartment units, Section 2 of the Amended Legacy PUD (i) reduces the
maximum allowable dwelling units from 1,344 to 1,250, (ii) reduces the maximum
number of permitted attached dwellings from 500 to 476 and (iii) increases the number
of permitted apartment units from 300 to 389.
Legacy-Explananon-CC 121718
5. Additional Items: The Amended Legacy PUD also contains additional provisions that
were not included in the Original Legacy PUD including the following:
a. Any Common Areas that are currently irrigated directly by a well are to have
said Common Areas be connected to City of Carmel water service for irrigation
purposes; and,
b. The trees in "Barker's Canopy" (the central woods), as illustrated on Exhibit A
of the Amended Legacy PUD (also see on Tab 2), shall be preserved and shall
not be removed and this area shall be included in a tree preservation easement if
included in a subdivision plat.
The Amended Legacy PUD request is fully detailed in this submittal. Included behind Tab
3 is the Amenity Area Site Plan, behind Tab 4 is the Legacy Use Block Map that depicts the
specific location where additional apartments may be located and behind Tab 5 is the proposed
Legacy PUD Amendment Ordinance.
The Amended Legacy PUD request received a unanimous Favorable recommendation for
approval by the Plan Commission at its November 20th meeting as evidenced by the Certification of
the Plan Commission vote provided on the following page.
We look forward to presenting this request to you on December 17, 2018.
Respectfully submitted,
J inaver Jon C. Dobosiewicz
Legacy-Gpl:manon-CC 121718
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-637-18
Legacy PUD Amendment
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. 18090010 OA — to amend the Legacy PUD text in order to adjust the maximum
residential unit limitations and specify the location and facilities for the amenity area.
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of November 20, 2018, the Carmel Plan Commission
voted Eight (8) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-637-18 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 Tuesday, February 19, 2019.
CARMEL PLAN COMMISSION
BY: r6✓iir `^'tiZdh) TS
Brad Grabow, Presid nt
ATTEST:
SIIt'
e Shestak, Secretary
Carmel Plan Commission r''_
Dated: November 21, 2018
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717 THE LEGACY
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Exhibit 2: Concept Plan
Use Blocks where Apartments are Permitted:
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Corner Use Block (CU)
Sponsor: Councilor Finkam
ORDINANCE Z-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-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 18090010 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-637-18 shall continue, unchanged, and the Original
Legacy PUD Ordinance, as amended and revised by this Legacy Amendment Ordinance
Number Z-637-18, shall remain in full force and effect.
Section 6. This Legacy Amendment Ordinance Number Z-637-18 shall be in full force
and effect from and after its passage by the Common Council and signing by the Mayor.
3
ADOPTED by the Common Council of the City of Cannel, 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 Cannel, 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 Cannel, Indiana this day of
2018,at .M.
Christine S. Pauley, Clerk-Treasurer
Approved by me, Mayor of the City of Cannel, 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, Cannel, IN 46032
Legacy Amendment to PUD-Draft 5 112118
4
Exhibit A
Amenity Area Location Map
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Exhibit B
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