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Home My WebLink AboutPacket for PC 09-15-20Steven D. Hardin Partner steven.hardin@faegredrinker.com Direct +1 317 569 4833 Faegre Drinker Biddle & Reath LLP 600 East 96th Street Suite 600 Indianapolis Indiana 46240-3789 Phone +1 317 569 9600 Fax +1 317 569 48 Friday, September 4, 2020 VIA U.S. MAIL Re: PZ-2020-000006 OA: Clay Terrace PUD Amendment Dear Plan Commission Member: Clay Terrace Partners, LLC, an affiliate of Washington Prime Group Inc. (“Clay Terrace Partners”), respectfully submits its request to amend The U.S. Highway 31 and 146th Street Planned Unit Development District for the proposed redevelopment of Clay Terrace. Conveniently located on approximately 50 acres at the southwest corner of 146 th Street and US 31, Clay Terrace is Indiana’s first outdoor lifestyle center. Clay Terrace is a retail and office mixed-use development with over 80 retail shops and restaurants in 500k square feet of retail space and approximately 75k square feet of office space. Clay Terrace, which features many top retailers and specialty stores, is considered the northern gateway into the heart of Carmel and is an important part of the community where residents come to shop, dine, and work. While Clay Terrace remains a strong property, the retail landscape has dramatically changed since the center was originally built in 2005. Throughout the years, the center has endured multiple tenant bankruptcies totaling approximately 45k square feet of retail space including large national tenants. And while Clay Terrace plans to continue to successfully reposition or transform any vacant space, more challenging and uncertain times are likely ahead in the retail industry as the full impact of the ongoing COVID-19 pandemic is yet unknown. These events make it clear that for Clay Terrace to remain an asset for the community, immediate action needs to be taken to develop a unique environment with a bustling synergy of uses. Clay Terrace Partners believes the best way to enhance the center is to create a live/work/play destination by adding density, multi-family apartments, entertainment, restaurants, additional office space, and a lifestyle hotel. They envision a synergy of uses where residents can walk to work, professional employees can walk to lunch or happy hour, and hotel guests can walk to dinner and shop at the center. Current redevelopment efforts are focused on the southeast corner of the center, east of Clay Terrace Boulevard and next to US 31. The redevelopment of Clay Terrace will transform the center and set it up for a successful future regardless of the unforeseen changes the retail industry may encounter. In order to accomplish this redevelopment, Clay Terrace Partners has filed a PUD Ordinance amendment petition for the Clay Terrace Planned Unit Development District with the City of Carmel. The Ordinance amendment will allow the redevelopment plan to move forward. If the plan moves forward, the next step will be to submit the detailed DP/ADLS engineering and architectural plans to the City later this year for the anticipated 2021 redevelopment area, which area is outlined in orange on the attached aerial location map. Additional redevelopment phases may occur over time, but those plans have not been made at this time. Enclosed, please find copies of the aerial location maps, illustrative concept plan, precedent imagery and a proposed redline PUD Ordinance that shows the substantive changes from the approved PUD Ordinance. Thank you for your consideration. Sincerely, Steven D. Hardin Hamilton County, Indiana 0 0.1 0.20.05 mi 0 0.15 0.30.075 km 1:6,000 CLAY TERRACE PUD AMENDMENT AERIAL LOCATION MAP 146TH ST146TH ST US 31US 31CLAY TERRACE PLANNED UNIT DEVELOPMENTCLAY TERRACE BLVDCLAY TERRACE BLVDK E Y S T O N E P K Y K E Y S T O N E P K Y LOWES WAYLOWES WAY2021 ANTICIPATED RE-DEVELOPMENT AREA Hamilton County, Indiana 0 0.1 0.20.05 mi 0 0.15 0.30.075 km 1:6,000 CLAY TERRACE PUD AMENDMENT AERIAL LOCATION MAP US 31US 31CLAY TERRACE PLANNED UNIT DEVELOPMENTCLAY TERRACE BLVDCLAY TERRACE BLVD2021 ANTICIPATED RE-DEVELOPMENT AREA 111111 [ ] 111 111 [ ] 111 111 [ ] �□ 0 EXISTING BUILDING D EXISTING BUILDING K OUTDOOR VENUE 5PAC.E APARTMENTS OVER RETAIL SPAC,E L...t- - - - --- -- � OUTDOOR VENUE 5PAC.E I l ' I l ' I I - PARKING -GARA< - APARTMENTS OVER RETAIL SPAC,E �� '= - -> - - L ..,... - -"""'lllla _,. ..,_ _,. ..,_ _,.. ..,_ _,. """"" � - - - -...,.__ -,..,,J-..,_ _,. ..,_ _,.. ..,_ � - - - - -.J =========== C:,==== D EXISTING EXISTING BUILDING L BUILDING M D 01 ILLUSTRATIVE CONCEPT PLAN SCALE: 1" = 200' (PRINTED AT 22" X 34") APARTMENT AMENITIES \ e NORTH \ -- EXISTING BUILDING A1 BUILDING A2 lU \.) lU <( U) -tz Ii :::} -t ( (i I zlU Dl---- lU>-X -t:S L 0 \.) PRECEDENT IMAGERY PRECEDENT IMAGERY PRECEDENT IMAGERY Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance DRAFT 09/04/20 This document has been provided to the City Planning Department marked to show substantive changes. Typographical, stylistic, developer-references, procedural matters and other non- substantive changes are not reflected for ease of review. Sponsor: Councilor ______ ORDINANCE NO. _-___-__ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE U.S. HIGHWAY 31 AND 146TH STREET CLAY TERRACE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 9.05 of the City of Carmel Unified Development Ordinance Z-625- 17, (the “UDO”) provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to 1.C. § 36-7-4-1500 et seq., it adopts this ordinance, (the “Ordinance”), as an amendment to the UDO. Section 1. Applicability of Ordinance: Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the UDO, is hereby changed to designate the land described in Exhibit A, (the “Real Estate”), as a planned unit development district (the “District”). Section 1.2. Development in the District shall be governed entirely by the provisions of this Ordinance, with the exception that provisions of the UDO 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 UDO. Section 2. Permitted Primary Uses: Clinic or Medical-Health Center College or University Financial Institution General Office (including coworking) 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) specialty design and home-decor stores or centers (current examples being stores such as Restoration Hardware and Pottery Barn). Multiple-Family Dwelling and Attached Dwelling insurance office Version | 09.04.20 Page | 2 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Professional Office recording studio Hotel Health and Fitness Facility, health club or spa movie theater (indoor) utility company business office Restaurant (may include a walk-up or drive- through pick up window to pick up pre- ordered items) (no drive-through ordering and/or drive-through menu board shall be permitted) comedy, musical and/or theatrical entertainment venue (indoor) outdoor temporary sales (up to 10 days) such as sidewalk sales, art fairs and cultural events (may include sidewalk kiosks and/or use of green space and event space) grocery store retail uses* Recreational Facility, Commercial Indoor (such as arcades, bowling alleys, miniature golf or similar use) farmers market food truck outdoor entertainment (examples include: outdoor concerts, temporary outdoor movie theaters, temporary outdoor ice-skating rinks Day Care and before- and after- school child care; day pet care kiosks and similar structures, permanent or temporary (limited to green space areas) (together “kiosks”) Craft distillery, winery and/or craft brewery * Retail uses shall include, but are not limited to, sales of merchandise, 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 outdoor automobile sales or leasing Automobile Service Station or Automobile Filling Station boat sales bulk storage of petroleum products Car Wash Carnivals and Circuses commercial warehouse storage disposal or storage of hazardous or radioactive materials industrial equipment sales or repair flea market fertilizer manufacturing Garbage disposal plant/Sanitary Landfill go-cart track Grain Elevator Industrial, Heavy Junk Yard and/or salvage yard Kennel, Commercial Manufactured Housing Sales miniature golf (outdoor), permanent Mobile Home Park movie theater (outdoor), permanent Penal or Correctional Institution Plant Nursery water slide refining or manufacturing of petroleum products Version | 09.04.20 Page | 3 Ordinance _-___-__ | Clay Terrace PUD District Ordinance refining or manufacturing asphalt, cement, gypsum, lime, wood preservatives Roadside Sale Stand; parking lot or outdoor temporary sales except as allowed in Section 2 sand and gravel extraction or sales self-storage/mini-warehouse facilities Sexually-Oriented Business Single-Family Dwelling small engine sales or repair stand-alone restaurants with walk-up and/or drive-thru ordering and pick-up windows stock yards, slaughtering, leather curing and tanning Truck Stop 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 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-decor stores listed in the permitted primary uses. 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 Development Plan (“DP”) 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 58 acres. This Section 5 does not however preclude the sale or other transfer of any parcel of land that is less than 58 acres within a tract after the approval of a DP 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)one hundred (100) feet for Buildings located east of Clay Terrace Boulevard; fifty-five (55)seventy (70) feet for Buildings located west of Clay Terrace Boulevard and more than three hundred (300) feet from the west property line or a single family residential zoning district; and forty-fivefifty- five (4555) feet for Buildings located west of Clay Terrace Boulevard 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 Clay Terrace Boulevard, which shall have a minimum Building Height of twenty-five (25) feet. Kiosks shall have a minimum building height of twelve (12) feet. Accessory Buildings and screened delivery areas are exempt from the requirements of this Section. In the ADLS approval process, building heights along Clay Terrace Boulevard will be reviewed to avoid long Building facades at the same height. Version | 09.04.20 Page | 4 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Section 6.3. Minimum Building Setbacks: The minimum Building Setback shall be at least 90thirty (30) 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 Clay Terrace Boulevard 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 east of Clay Terrace Boulevard and are not connected to or an integral part of the Clay Terrace Boulevard streetscape development, shall have a minimum of fifteen thousand (15,000) square feet of Gross Floor Area, excluding the floor area of any basement or any Accessory Building(s). Provided, however, that one standalone restaurant Building (Single- Tenant or Multi-Tenant) east of Clay Terrace Boulevard is allowed and shall have a minimum of 7,500 5,000 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 Clay Terrace Boulevard. Any tenant in a Building located west of Clay Terrace Boulevard 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. Permitted Accessory Buildings permitted and kiosks 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 (but not within 8’ of ground), fiber cement board (on residential only) 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. Version | 09.04.20 Page | 5 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 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. 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 Buildings 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 Façade 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 Clay Terrace Boulevard streetscape development shall be at least one and one half (1 1/2) stories or be designed to appear so from the front and sides. This requirement shall not be applicable to kiosks. Retail Buildings are encouraged to be two stories in height, with office, use or retail, or residential 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 6.6. Meaning of Adjacent: Unless noted otherwise in this Ordinance, the maximum distance required to be considered “Adjacent” to an existing use shall be determined by the Bufferyard Table in Section 5.19 of the UDO. Section 7. Landscaping Requirements. Version | 09.04.20 Page | 6 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 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. The Plan Commission shall have the authority to approve a landscape package that varies from the District’s standards as part of an ADLS approval as long as the Plan Commission determines that the landscape package is consistent with the quality and character of the overall development. Section 7.2. Areas to be Landscaped. A. Greenbelt: 1. The greenbelt along U.S. Highway 31, as shown on Exhibit B, shall be a minimum of thirty (30)twenty (20) 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). B. Parallel Roadways: 1. There shall be landscape planting areas located adjacent to the south Right-of-Way line of 146th Street west of Clay Terrace Boulevard and the U.S. Highway 31 on and off ramps (if constructed), which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 7.3 of this Ordinance. 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 Clay Terrace Boulevard 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 Roador within thirty (30) feet of the Right-of-Way. C. Planting Within Parking Lots: Landscaping within the planting islands, planting peninsulas and entranceways (other than those along Range Line Roadexcluding all on-street parking and parking within parking decks ) of the parking areas shall be of a quality to improve and enhance the site and its Version | 09.04.20 Page | 7 Ordinance _-___-__ | Clay Terrace PUD District Ordinance surrounding area, representing no less than six percent (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 off-street surface parking lots shall be landscaped pursuant to the standards set forth in Section 7.3 of this Ordinance. The minimum size of a parking lot island shall be four hundred (400) square feet in area. In the event the landscape material cannot feasibly fit in the planting islands, the materials can be used on the site in another area provided that the total required quantity is provided. 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 Clay Terrace Boulevard) 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 Clay Terrace Boulevard) of the Real Estate except as required for public road improvements and modifications. If road improvements do impact this area, the eight (8) foot Fence must be replaced . E. 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 extend ten (10) feet out on both sides) shall be installed at the front of a standalone Building. A retail use fronting a green space or event space shall be considered a front 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. 5. Accessory Buildings and kiosks need not meet the Planting Adjacent to Standalone Buildings requirement. F. 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). Version | 09.04.20 Page | 8 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 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 Clay Terrace Boulevard 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 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 Clay Terrace Boulevard, landscaping will not be required adjacent to the right-of-way of eastbound 146th Street east of Clay Terrace Boulevard where the grade change reasonably precludes landscaping. If plant materials otherwise required by this sub- section would be located within a utility easement, then such plant materials shall be required only if, and to the extent, permitted by the respective utility and shall be subject to the utility’s placement and species restrictions. 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 2.5 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 1.5 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. Version | 09.04.20 Page | 9 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 3. Evergreen trees: a minimum height of eight (8)six (6) 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)eighteen (18) 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. 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. Section 8. Parking Requirements: A. Parking is prohibited in the U.S. Highway 31 Greenbelt and within planting areas along parallel roadways. Motor Vehicle Parking: 1. The number of parking spaces requiredGeneral Parking Standards shall be according to Section 5.28 of the UDO; 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 excludeda shared parking study (the “Parking Study”) shall determine the number of required Parking Spaces with shared parking among uses. Upon the review and approval by the Director, Parking Spaces on the Real Estate may be shared among tenantsusers as long as the demand for the spaces does not coincide substantially among tenantsusers. Version | 09.04.20 Page | 10 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 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 visible from the street architectural features that are compatible with the principal building(s) with which they are associated. 4. Parking is prohibited within planting areas along parallel roadways. B. Bicycle Parking: The number of bicycle parking spaces provided shall be at least five (5) percent of the required Parking Spaces determined by Section 8(A)’s Parking Study. Required bicycle parking spaces shall be distributed throughout the Real Estate. Of the provided number of bicycle parking spaces, a minimum of thirty (30) spaces shall be dedicated residential long-term bicycle parking. Section 9. 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: 1. parking lot and service/storage area lighting; 2. architectural, display lighting; 3. security lighting; 4. lighting of pedestrian and bicycle ways; 5. 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. The fifteen (15) feet height maximum shall not apply to multi-family residential uses within this District. 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. These requirements shall not apply to the multiple-family dwelling uses on the Real Estate. 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. Version | 09.04.20 Page | 11 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 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 Committee 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. C. Center Identification Ground Signs: 1. Two (2) center identification Ground Signs each with a maximum height of 6 feet and a maximum Sign Srea 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 Version | 09.04.20 Page | 12 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 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: 1. 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 2. there shall be no Wall Signs on the west Facade facing a single- family Residential 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 Commission’s 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. Version | 09.04.20 Page | 13 Ordinance _-___-__ | Clay Terrace PUD District Ordinance B. Sign Standards: Section 5.39 of the UDO shall apply to all signs not described in this Section 10.3(B). Section 5.39 of the UDO shall not apply to the signs described in this Section 10.3(B), except as specifically incorporated below: 1. Center Identification Signs. a. Three (3) center identification Ground Signs (identified as sign type A02 on the attached Exhibit C) each with a maximum height of fourteen (14) feet and a maximum Sign Area of 250 square feet shall be permitted at the entrance locations shown approximately on the attached Exhibit C. These signs also may include tenant identification. b. One (1) center identification sign (identified as sign type A01 on the attached Exhibit C) with a maximum height of fifty (50) feet and a maximum Sign Area of 300 square feet shall be permitted at the location shown approximately on the attached Exhibit C. This sign either may be a ground sign or it may be attached to and project from a parking structure’s façade oriented towards US 31. If attached to a parking structure, then the maximum length of the sign shall be fifty (50) feet. This sign also may include tenant identification. c. Section 5.39(E)(4) of the UDO shall apply. 2. Hotel Signs. a. One (1) upper level Wall Sign per façade located within the Spandrel Panel shall be permitted. One (1) lower level Wall Sign shall be permitted above the primary entrance. i. No Wall Sign shall exceed 300 square feet. ii. The following provisions of the UDO shall apply: Section 5.39(E)(1), (2), (3), (5), (6), (7) and (8). b. Other signs shall be permitted and regulated by Section 5.39 of the UDO. 3. Multi-Level, Multi-Tenant Office Building. a. Two (2) Wall Signs per façade, maximum of six (6) total, located within the Spandrel Panel shall be permitted. i. No Wall Sign shall exceed 300 square feet. ii. The following provisions of the UDO shall apply: Section 5.39(E)(1), (2), (3), (5), (6), (7) and (8). b. Other signs shall be permitted and regulated by Section 5.39 of the UDO. 4. Multi-Tenant, Multi-Level, Mixed-Use Building. a. A total of three (3) Wall Signs identifying the multi-family use located within the Spandrel Panel shall be permitted. The three (3) Wall Signs may be located on any façade. i. No Wall Sign shall exceed 120 square feet. ii. The following provisions of the UDO shall apply: Version | 09.04.20 Page | 14 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Section 5.39(E)(1), (2), (3), (5), (6), (7) and (8). b. Other signs shall be permitted and regulated by Section 5.39 of the UDO. 5. No Wall Signs shall be permitted on the west Facade of a Building that is both: (i) located west of the right-of-way of Clay Terrace Boulevard; and (ii) facing a single-family Residential District. Pedestrian level signage near entrances on the west Façade of such Buildings are permitted. 6. 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 Planning Administrator. 7. Project Monument Identification Ground Signs: Three (3) project monument identification Ground Signs with a maximum height of fifteen (15) feet and a maximum Sign Area of 500 square feet shall be permitted within the District’s interior. 8. Trail Markers: Trail markers designating walking and bicycle paths not exceeding three (3) square feet and not higher than three (3) feet above ground level are deemed to be Exempted Signs pursuant to Section 5.39(C) of the UDO. 9. Vehicle Directional Signs: Vehicle directional Signs not higher than sixteen (16) feet above ground level shall be permitted. 10. Pedestrian Directories: Pedestrian directories not higher than ten (10) feet above ground level shall be permitted. Pedestrian directories may be digital and may have on-premises advertising. 11. Placemaking Sculptures: Placemaking, art, and storytelling sculptures shall be allowed throughout the District. There shall be no limit on the quantity or size of these sculptures. 12. Parking Identification Signs: Each entrance to a parking structure shall be allowed a Wall Sign over the entrance not exceeding 100 square feet in Sign Area and a perpendicular Blade Sign attached to the structure not exceeding 75 square feet in Sign Area. 13. Banners may be installed on lighting and other fixtures located within the streetscape along Clay Terrace Boulevard in accordance with the review and approval of the Planning Administrator. 14. Section 5.39(E)(4) of the UDO shall not apply to Ground Signs except as provided for above in Section 10(3)(B)(1)(c). Version | 09.04.20 Page | 15 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 15. The Plan Commission shall have the authority to approve a creative sign package that varies from these standards as part of an ADLS approval as long as the Plan Commission determines that the sign package is consistent with the quality and character of the overall development. 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. 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. Section 12. Approval or Denial of the Development Plan and Final Development Plans: A. The Commission shall approve without conditions, approve with conditions, or disapprove the Development Plan (“DP”) for any project on the Real Estate. Provided, however, that the Commission shall not unreasonably withhold or delay the approval of a DP that is in conformance with this Ordinance and the UDO. If the Commission disapproves the DP 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. Version | 09.04.20 Page | 16 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Provided, however, that the Director shall not unreasonably withhold or delay the approval of an FDP that is in conformance with this Ordinance and the UDO. 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 DP 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 DP 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 by the Department within 6 months following the completion of construction of Range Line Road between 146t Street and U.S. Highway 31. Section 13. 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 right 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 140 200 inches of trees, less the trees that are able to be preserved in this area, will be replaced through new plantings elsewhere on the site, including in the Greenbelt, or on the City-owned land just south of Clay Terrace . Section 14. 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 Washington Prime Group, L.P. / Clay Terrace Partners, LLC, its successors or assigns, as developer, (the “Developer”), shall, upon notice, appear before the Council to update Version | 09.04.20 Page | 17 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 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. Section 15. Violations of Ordinance: All violations of this Ordinance shall be subject to Article 10 of theUDO. Section 16. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 17. Adoption: This Ordinance shall be in full force and effect from and after its passage. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW.] Version | 09.04.20 Page | 18 Ordinance _-___-__ | Clay Terrace PUD District Ordinance _-___-__ PASSED by the Common Council of the City of Carmel, Indiana this _____ day of _________________, 20__, by a vote of ____ ayes and ____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Laura D. Campbell, President H. Bruce Kimball Sue Finkam, Vice President Miles Nelson Adam Aasen Kevin D. Ryder Anthony Green Jeff Worrell Timothy J. Hannon ATTEST: Sue Wolfgang, Clerk of the City Version | 09.04.20 Page | 19 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ______________________, 20__, at _________ ___.M. Sue Wolfgang, Clerk of the City Presented to me, Mayor of the City of Carmel, Indiana this ____ day of ______________________, 20__, at _________ ___.M. James Brainard, Mayor ATTEST: Sue Wolfgang, Clerk This Instrument prepared by: Steven D. Hardin, Esq. and Mark R. Leach, Land Use Planner, Faegre Baker Daniels LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240. Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Exhibit A Legal Descriptions PARCEL I A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREES 00 MINUTES 09 SECONDS EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET AND THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 480.30 FEET TO THE WEST LINE OF CLAY TERRACE BOULEVARD THE NEXT SEVEN CALLS ALONG SAID WEST LINE; THENCE SOUTH 00 DEGREES 00 MINUTES 06 SECONDS EAST A DISTANCE OF 554.95 FEET; THENCE SOUTH 25 DEGREES 16 MINUTES 56 SECONDS WEST A DISTANCE OF 81.69 FEET; THENCE SOUTH 42 DEGREES 16 MINUTES 22 SECONDS EAST A DISTANCE OF 63.61 FEET; THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE OF 9102.74 FEET; THENCE SOUTH 15 DEGREES 37 MINUTES 14 SECONDS WEST A DISTANCE OF 61.21 FEET; THENCE SOUTH 38 DEGREES 38 MINUTES 53 SECONDS EAST A DISTANCE OF 71.98 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 28 SECONDS EAST A DISTANCE OF 77.59 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER AND THE NORTH LINE OF A REPLAT OF WALTER’S PLAZA REPLAT AS RECORDED IN PLAT BOOK 2, PAGE 267 IN SAID RECORDER’S OFFICE; THENCE SOUTH 88 DEGREES 47 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 728.14 FEET TO THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 09 SECONDS WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 9956.12 FEET TO THE POINT OF BEGINNING. PARCEL II A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREES 00 MINUTES 09 SECONDS EAST ALONG THE Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 604.33 FEET TO THE EAST RIGHT-OF-WAY LINE OF CLAY TERRACE BOULEVARD AND TO THE POINT OF BEGINNING; THE FOLLOWING FOUR COURSES ARE ALONG SAID EAST RIGHT-OF WAY LINE; (1) THENCE 00 DEGREES 00 MINUTES 06 SECONDS EAST A DISTANCE OF 557.56 FEET; (2) THENCE SOUTH 41 DEGREES 32 MINUTES 03 SECONDS EAST A DISTANCE OF 52.57 FEET; (3) THENCE SOUTH 23 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 70.87 FEET; (4) THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE OF 485.76 FEET; THENCE SOUTH 55 DEGREES 01 MINUTES 40 SECONDS EAST A DISTANCE OF 90.53 FEET; THENCE NORTH 80 DEGREES 00 MINUTES 27 SECONDS EAST A DISTANCE OF 909.30 FEET TO A NONTANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 9133.81 FEET AND A RADIUS POINT WHICH BEARS NORTH 21 DEGREES 01 MINUTES 40 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 306.28 FEET TO A POINT WHICH BEARS SOUTH 36 DEGREES 30 MINUTES 19 SECONDS EAST FROM THE RADIUS POINT AND TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 562.00 FEET AND A RADIUS POINT WHICH BEARS NORTH 44 DEGREES 56 MINUTES 58 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 346.09 FEET TO A POINT WHICH BEARS SOUTH 80 DEGREES 14 MINUTES 01 SECONDS EAST FROM THE RADIUS POINT; THENCE NORTH 19 DEGREES 31 MINUTES 23 SECONDS WEST A DISTANCE OF 726.75 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 398.07 FEET TO THE POINT OF BEGINNING. PARCEL III A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREE 00 MINUTES 09 SECONDS EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 604.33 FEET TO THE EAST RIGHT-OF WAY LINE OF CLAY TERRACE BOULEVARD; THE FOLLOWING FOUR COURSES ARE ALONG SAID EAST RIGHT-OF-WAY LINE; (1) THENCE SOUTH 00 DEGREE 00 MINUTES 06 SECONDS EAST A DISTANCE OF 557.56 FEET; (2) THENCE SOUTH 41 DEGREES 32 MINUTES 03 SECONDS EAST A DISTANCE OF 52.57 FEET; (3) THENCE SOUTH 23 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 70.87 FEET; (4) THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance OF 630.36 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34 DEGREES 58 MINUTES 20 SECONDS EAST A DISTANCE OF 90.07 FEET; THENCE NORTH 80 DEGREES 00 MINUTES 27 SECONDS EAST A DISTANCE OF 46.36 FEET; TO A NONTANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 402.00 FEET AND A RADIUS POINT WHICH BEARS SOUTH 09 DEGREES 59 MINUTES 34 SECONDS EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 687.82 FEET TO A POINT ON THE WEST LINE OF U.S. 31, SAID POINT BEARS NORTH 88 DEGREES 02 MINUTES 24 SECONDS EAST FROM THE RADIUS POINT; THENCE SOUTH 00 DEGREES 05 MINUTES 52 SECONDS EAST A DISTANCE OF 295.89 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF PROPERTY AS DESCRIBED IN CORRECTIVE PERSONAL REPRESENTATIVE’S DEED TO HONTOS RECORDED AS INSTRUMENT NUMBER 9909918483, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE SOUTH 88 DEGREES 47 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 84.02 FEET TO THE NORTHEAST CORNER OF TRACT B AS DESCRIBED IN T HE REPLAT OF PART OF WALTERS PLAZA REPLAT, RECORDED IN PLAT BOOK 7, PAGE 126, IN SAID RECORDER’S OFFICE; THE FOLLOWING 3 COURSES ARE ALONG THE EAST LINE OF SAID TRACT B; (1) THENCE SOUTH 00 DEGREES 11 MINUTES 04 SECONDS EAST A DISTANCE OF 43.91 FEET; (2) THENCE SOUTH 02 DEGREES 14 MINUTES 46 SECONDS WEST A DISTANCE OF 917.91 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9378.61 FEET: (3) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 912.94 FEET (SAID CURVE BEING SUBTENDED BY A CHORD BEARING SOUTH 02 DEGREES 09 MINUTES 45 SECONDS WEST AND A CHORD LENGTH OF 912.91 FEET); THENCE SOUTH 06 DEGREES 02 MINUTES 38 SECONDS WEST A DISTANCE OF 50.41 FEET TO A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9378.61 FEET AND THE NORTHEAST CORNER OF TRACT A IN SAID REPLAT OF PART OF WALTERS’ PLAZA REPLAT; THE FOLLOWING TWO COURSES ARE ALONG THE EAST LINE OF SAID TRACT A;(1) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 204.24 FEET (SAID CURVE BEING SUBTENDED BY A CHORD BEARING SOUTH 10 DEGREES 50 MINUTES 40 SECONDS WEST AND A CHORD LENGTH OF 204.06 FEET); (2) THENCE SOUTH 27 DEGREES 15 MINUTES 00 SECONDS WEST A DISTANCE OF 40.25 FEET; THENCE SOUTH 88 DEGREES 51 MINUTES 27 SECONDS WEST A DISTANCE OF 915.23 FEET TO THE WEST LINE OF CLAY TERRACE BOULEVARD; THE FOLLOWING 7 COURSES ARE ALONG THE WEST LINE OF SAID CLAY TERRACE BOULEVARD; THENCE NORTH 24 DEGREES 16 MINUTES 52 SECONDS WEST A DISTANCE OF 20.86 FEET; THENCE SOUTH 88 DEGREES 50 MINUTES 48 SECONDS WEST A DISTANCE OF 47.04 FEET TO A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 456.00 FEET AND A RADIUS POINT WHICH BEARS NORTH 48 DEGREES 56 MINUTES 26 SECONDS EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 291.31 FEET TO A POINT WHICH BEARS SOUTH 85 DEGREES 32 MINUTES 37 SECONDS WEST FROM THE RADIUS POINT; THENCE NORTH 00 DEGREES 11 MINUTES 28 SECONDS WEST A DISTANCE OF 351.20 FEET; THENCE NORTH 51 DEGREES 05 MINUTES 13 SECONDS EAST A DISTANCE OF 76.24 FEET; THENCE NORTH 32 DEGREES 02 MINUTES 06 SECONDS WEST A DISTANCE OF 906.01 Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance FEET; THENCE NORTH 11 DEGREES 02 MINUTES 34 SECONDS WEST A DISTANCE OF 464.15 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART TAKEN BY THE STATE OF INDIANA IN CAUSE NO 29D01-1109- PL-9458 HAMILTON COUNTY INDIANA, A COPY OF WHICH AGREED FINDINGS AND JUDGEMENT WAS RECORDED AS DOCUMENT 2014053214. PARCEL IV A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREE 00 MINUTE 09 SECONDS EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 604.33 FEET TO THE EAST RIGHT-OF-WAY LINE OF CLAY TERRACE BOULEVARD, THE FOLLOWING FOUR COURSES ARE ALONG SAID EAST RIGHT-OF-WAY LINE; (1) THENCE SOUTH 00 DEGREE 00 MINUTE 06 SECONDS EAST A DISTANCE OF 557.56 FEET; (2) THENCE SOUTH 41 DEGREES 32 MINUTES 03 SECONDS EAST A DISTANCE OF 52.57 FEET; (3) THENCE SOUTH 23 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 70.87 FEET; (4) THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE OF 485.76 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 55 DEGREES 01 MINUTE 40 SECONDS EAST A DISTANCE OF 90.53 FEET; THENCE NORTH 80 DEGREES 00 MINUTE 27 SECONDS EAST A DISTANCE OF 909.30 FEET TO A NONTANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 9133.81 FEET AND A RADIUS POINT WHICH BEARS NORTH 21 DEGREES 01 MINUTE 40 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 306.28 FEET TO A POINT WHICH BEARS SOUTH 36 DEGREES 30 MINUTE 19 SECONDS EAST FROM THE RADIUS POINT AND TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 562.00 FEET AND A RADIUS POINT WHICH BEARS NORTH 44 DEGREES 56 MINUTES 58 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 434.04 FEET TO A POINT WHICH BEAR’S SOUTH 89 DEGREES 12 MINUTES 01 SECONDS EAST FROM THE RADIUS POINT, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S. 31; THENCE SOUTH 00 DEGREES 05 MINUTES 52 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 9057.55 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 402.00 FEET AND A RADIUS POINT WHICH BEARS SOUTH 88 DEGREES 02 MINUTES 24 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 687.82 FEET TO A POINT WHICH BEARS NORTH 09 DEGREES 59 MINUTES 34 SECONDS WEST FROM Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance THE RADIUS POINT; THENCE SOUTH 80 DEGREES 00 MINUTE 27 SECONDS WEST A DISTANCE OF 46.36 FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 20 SECONDS WEST A DISTANCE OF 90.07 FEET TO SAID EAST RIGHT-OF-WAY LINE; THENCE NORTH 11 DEGREES 02 MINUTES 34 SECONDS WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 944.60 FEET TO THE POINT OF BEGINNING. Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Exhibit B: Greenbelt Version | 09.04.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Exhibit C: Center Identification Sign Locations