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HomeMy WebLinkAboutZ-409-03 Clarian North Hospital Sponsor: Councilor Kevin Kirby Ordinance No. Z-409-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE CLARIAN NORTH HOSPITAL CAMPUS PLANNED UNIT DEVELOPMENT DISTRICT Rezoning of 95.594 acres located on the northwest corner of the intersection of 116th Street and U.S. 31 (also known as Meridian Street) from the B-3 and B-6/Business District Classification and the S-2/Residence District Classification to the PUD/Planned Unit Development District Classification WHEREAS, Section 31.6.4 of the CarmeI/ Clay Zoning Ordinance Z-289 (the "Carmel / Clay Zoning Ordinance") provides for the establishment of a PUD/Planned Unit Development District in accordance with the requirements ofI.C. § 36-7-4-1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to I.C. § 36-7-4-1500 et seq., as an amendment to the Carmel / Clay Zoning Ordinance, as follows: Section 1. Applicability of Ordinance: [. II. The Official Zoning Map of the City of Carmel and Clay Township, as part of the Carmel / Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate") as a PUD/Planned Unit Development District. Development in the PUD/Planned Unit Development District shall be governed by the provisions of this Ordinance, with the exception that provisions of the Carmel / Clay Zoning Ordinance specifically referenced within this Ordinance and in effect on June 17, 2003, shall also apply. III. Any term not defined herein shall have the meaning as set forth in the Carmel / Clay Zoning Ordina¢ce in effect on June 17, 2003. Section 2. Clarian North Hospital Campus Planned Unit Development. INIMAN2749872vl II. Clarian North Hospital Campus Planned Unit Development Preliminary Development Plan 116t~ Street & US 31 by Clarian Health Partners, Inc. Introduction / Overview The Clarian North Hospital Campus Planned Unit Development (the "PUD") represents an overall development of approximately ninety-four 94 acres of vacant land located at the northwest quadrant of the intersection of 116th Street and US 31, in Carmel, Indiana. The centerpiece of the PUD will be a full-service hospital, with a full wing devoted to women's and pediatric care. Initial development anticipates a five (5) story hospital building (approximately 76'-8" to roof and 106'-8" to top of mechanical screening) and central plant. The initial hospital building has been designed to allow vertical expansion to a maximum height of nine (9) stories and one-hundred and fifty (150) feet (including mechanical penthouse and screening). The site has also been designed to allow for the potential expansion of the initial hospital building or the construction of additional hospital or medical office buildings, with compatible style, height and massing. Hospital expansion and the development of other areas within the PUD shall occur as market need dictates. This document shall serve as: (i) the body of the PUD District Ordinance for the entire Clarian North Hospital Campus Planned Unit Development as required by Chapter 31.6.4 of the Carmel / Clay Zoning Ordinance; and, (ii) the Preliminary Development Plan, in text form, for the entire Clarian North Hospital Campus Planned Unit Development. Interim Land Use Al1 portions of the PUD which are not developed as part of the initial phase of development shall either continue to be farmed or will be maintained as a yard area by regular mowing and trash collection until developed. III. Phasing of Development The proposed PUD shall be developed in phases, as generally depicted on the PUD Concept Plan and described below: Phase I: Area 1-A shall be the first phase of development. Included in the first phase of development will be: the initial hospital building, a central plant, a helipad and surface parking. INIMAN2749872vl Future Phases: At the time of filing this PUD, it is not possible to accurately predict the order in which the remaining phases of the PUD will be developed. However, it is recognized that: (i) each subsequent phase of development in Area 1-A and Area 1-B shall be required to file for and obtain Final Development Plan and ADLS approval; (ii) all development within Area 2 (other than the development of single family and two family uses in Area 2-A) shall be required to file for and obtain Final Development Plan and ADLS approval; and, (iii) all development within the PUD shall be in compliance with the development requirements of this PUD. INIMAN2749872vl PUD CONCEPT PLAN Clarian North Hospital Campus Planned Unit Development INIMAN2 749872vl IV. Permitted Uses and Development Standards The Clarian North Hospital Campus Planned Unit Development will be divided by the proposed north-south extension of Illinois Street through the site. The real estate located east of Illinois Street will make up Area I, while the real estate located west of Illinois Street will make up Area 2. Area I consists of approximately sixty-five (65) to seventy (70) acres and is located between the future extension of Illinois Street and US 31. Area 1 contains two (2) sub-areas as described below. Area 2 consists of approximately twenty-two (22) to twenty-seven (27) acres of real estate and is located between the future extension of Illinois Street and Spring Mill Road. Area 2 includes two (2) sub-areas as described below. The development standards applicable to this PUD shall be those development standards specified herein. In case of confiict between specific provisions of this PUD and a referenced primary zoning district, overlay district or Sign Regulations of the Carmel / Clay Zoning Ordinance; the provisions of this PUD shalI control. A. Area 1-A Area 1-A consists of approximately fifty-five (55) to sixty (60) acres prominently located along the US 31 frontage of the real estate extending north from 116th Street, and represents the focal point of the proposed PUD. Area 1-A is intended to provide for the development of a major hospital facility, high intensity hospital related uses and the physical plant necessary to support a major hospital development. 1. Area l-A: Permitted Uses: i. Hospital. ii. Medical Office Building - including but not limited to: all professional medical offices; medical research laboratories; dental laboratories; optical laboratories. iii. Parking Structure. iv. Helipad (for the transportation of patients, medical personnel, physicians, organs, and medical supplies and equipment in emergency situations). v. CentraI Plant. INIMAN2 749872vi vi. Retail (which shall be located within and may comprise the lesser of fifteen (15) pement of the gross floor area of each primary building, or thirty thousand (30,000) square feet, but exclusive of any cafeteria). vii. Restaurant (sit down). viii. Hotel. ix. Conference Center. Trail. A trail system that will serve the PUD and will connect to a future trail or sidewalk system along Spring Mill Road, including the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. xi. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to the above- permitted uses shall be permitted, including but not limited to: Located in a primary building: cafeteria/deli/coffee shop; photocopying and duplicating services; fitness center; child care center; day nursery; short term child care; and, automated teller machines (ATM's). Freestanding: trash enclosures; surface parking and loading areas; and, utilities. Area l-A: Development Standards Maximum Building Height: One-hundred and fifty (150) feet, with a maximum of nine (9) stories. ii. Minimum Building Height (for all buildings other than the Central Plant): thirty-eight (38) feet with a minimum of three (3) stories capable of being occupied. iii. Minimum Front Yard Along US 31: Hospital Building: Two-hundred (200) feet from the existing right-of-way of US 31 (as of January 2003). * Central Plant: Ninety (90) feet from the existing right-of- way of US 31 (as of January 2003). * INIMAN2749872vl vii. viii. ix. xii. Refer to the Final Development Plan for Area 1 for the precise placement of the initial hospital building. The major structural elements (i.e., excluding entrance canopies or other minor fagade articulations) of any hospital expansion shall maintain the same relative position from the existing center line of US 31 (as of January 2003) as the initial construction. Future right-of-way expansions may impact actual building setback lines (as defined by the Carmel / Clay Zoning Ordinance), but not the relative building placement from the centerline of US 31. Use of Minimum Front Yard: Said minimum front yards shall be landscaped in compliance with Section V., below, provided, however, such minimum front yards may include: interior access drives; screened loading / delivery area; helipad; ambulance drop-off; and, surface parking, as generally depicted on the Preliminary Development Plan. Minimum Front Yard Along 116th Street: Two-hundred (200) feet. Minimum Front Yard Along Illinois Street: Twenty (20) feet. Minimum Side Yard: Fifteen (15) feet. Minimum Rear Yard: Fifteen (15) feet. Minimum Lot Size: Five (5) acres. Minimum Ground Floor Area: Thirty thousand (30,000) square feet (not applicable to the Central Plant). Maximum Lot Coverage: Sixty-five (65) percent of the lot. Parking: See Chapter 27 of the Carmel / Clay Zoning Ordinance. Loading: Hospital Use: Loading berths may be located on the US 31 side of the hospital building provided all loading berths are completely screened in the elevation view from US 31 by a combination of masonry wall(s) and plant materials. Minimum of three (3) berths per hospital complex (i.e., initial hospital building plus potential INIMAN2749872vl xiii. xiv. XV, xvi. expansions connected to the initial hospital building). Other Business Uses: Loading berths shall not be oriented to US 31. Loading berths oriented toward Illinois Street shall be landscaped/screened using masonry wall(s), plant material or a combination thereof, subject to the approval of the Carmel / Clay Plan Commission. 0 -40,000 square feet of gross floor area: Zero (0) berths. 40,001 - 100,000 square feet of gross floor area: One (1) berth. Each additional 200,000 square feet of gross floor area: One (1) additional berth. Outdoor Operations: All operations, including temporary refuse storage, shall be completely enclosed in a main or accessory building. Landscaping: See Section V., below. Lighting: See Section VI., below. Signs: Signs for Area 1-A shall be in compliance with the Clarian Health North Campus Sign Program filed with this PUD. Furore amendments to the Clarian North Campus Sign Program or modifications to signs erected pursuant to the Clarian North Campus Sign Program shall be subject only to ADLS Approval by the Carmel/Clay Township Plan Commission. INIMAN2 749872vl Area I-B: Area 1-B consists of approximately ten (10) to twelve (12) acres located along the US 31 frontage, north of the proposed main hospital building and south of the Ritz Charles facility which is Iocated north of the overall site. Area 1-B is intended for high intensity development in support of a major hospital facility or the expansion of hospital facilities into the Area. 1. Area l-B: Permitted Uses: i. Child Care Center. ii. Day Nursery. iii. Medical Office Building - including but not limited to: all professional medical offices; medical research laboratories; dental laboratories; optical laboratories. iv. Fitness Center. v. Hospital. vi. Retail (which shall be located within and may comprise the lesser of fifteen (15) percent of the gross floor area of each primary building, or thirty thousand (30,000) square feet, but exclusive of any cafeteria). vii. Surface Parking or Parking Structure. viii. Restaurant (sit-down). ix. Hotel. x. Conference Center. xi. Trail. A trail system that will serve the PUD and will connect to a future trail or sidewalk system along Spring Mill Road, including the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. xii. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to the above- permitted uses shall be permitted, including but not limited to: INIMAN2 749872vl Located in a primary building: cafeteria/deli/coffee shop; photocopying and duplicating services; and, short term child care. Freestanding: trash enclosures; surface parking and loading areas; and, utilities. Area l-B: Development Standards i. Maximum Building Height: One-hundred and fifty (150) feet, with a maximum of nine (9) stories. ii. Minimum Building Height Along and Oriented Toward US 31: thirty-eight (38) feet with a minimum of three (3) stories capable of being occupied. iii. Minimum Building Height Along and Oriented Toward Illinois Street: twenty-six (26) feet with a minimum of two (2) stories capable of being occupied. iv. Minimum Front Yard Along and Oriented Toward US 31: Ninety (90) feet from the existing right-of-way of US 31 (as of January 2003). v. Minimum Front Yard Along and Oriented Toward Illinois Street: Fifteen (15) feet, but in no case greater than thirty (30) feet. vi. Minimum Side Yard: Fifteen (15) feet. vii. Minimum Rear Yard: Fifteen (15) feet. viii. Minimum lot size: Five (5) acres. ix. Minimum ground floor area: Fifteen thousand (15,000) square feet. x. Maximum lot coverage: Sixty-five (65) pement of the lot. xi. Parking: See Chapter 27 of the Carmel / Clay Zoning Ordinance. xii. Loading: Hospital Use: Loading berths may be located on the US 31 side of the hospital building provided all loading berths are completely screened in the elevation view from US 31 by a combination of masonry wail(s) and plant materials. 1NIMAN2749872vl xiii. xiv. XV. Minimum of two (2) berths per free-standing hospital building. Other Business Uses: Loading berths shall not be oriented to US 31. Loading berths oriented toward Illinois Street shall be landscaped/screened using masonry wall(s), plant material or a combination thereof, subject to the approval of the Carmel / Clay Plan Commission. 0 - 40,000 square feet of gross floor area: Zero (0) berths. 40,001 - 100,000 square feet of gross floor area: One (1) berth. Each additional 200,000 square feet of gross floor area: One (1) additional berth. Outdoor Operations: All operations, including temporary refuse storage, shall be completely enclosed in a main or accessory building. Landscaping: See Section V., below. Lighting: See Section VI., below. Signs: Signs for Area 1-B shall be as approved by the Carmel / Clay Township Plan Commission as an extension of the Clarian Health North Campus Sign Program filed with this PUD, pursuant to an ADLS Approval, with the minimum allowable number of signs and minimum allowable sign area of signs as set forth in Chapter 25.7: Sign Ordinance of the Carmel / Clay Township Zoning Ordinance. INIMAN2749872v[ Area 2-A: Area 2-A represents not less than thirteen (13) acres of real estate centrally located along the PUD's frontage on Spring Mill Road for a minimum depth of two hundred (200) feet from the existing Spring Mil1 Road fight-of-way. Area 2- A is intended to provide a transition between potential residential uses on the west side of Spring Mill Road and those high intensity uses recommended along the US 31 Corridor. Transition is accomplished in Area 2-A by a combination of permitted use restrictions, height regulations, architectural regulations and site design restrictions. 1. Area 2-A: Permitted Uses: i. Single Family Dwellings. ii. Two Family Dwellings. Multifamily Townhouse Dwellings, provided however, no person, group of persons or entity, other than the initial developer, shall own more than one (1) dwelling unit and each dwelling unit shaI1 be designed for and used as a permanent residence. Home Occupations. Assisted Living Facility. iii. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to the above- permitted uses shall be permitted. Trail. A trail system that will serve the PUD and will connect to a future trail or sidewalk system along Spring Mill Road, including the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. 2. Area 2-A: Development Standards Maximum Building Height: Forty (40) feet. Minimum Front Yard: Fifteen (15) feet, but in no case greater than thirty (30) feet. INIMAN2749872vl iii. Minimum Side Yard: Single Family / Two Family: Five (5) feet. All other uses: Ten (10) feet. iv. Minimum Rear Yard: Single Family / Two Family: Twenty (20) feet. All other uses: Ten (10) feet. v. Minimum Lot Width: All uses other than Single Family / Two Family Dwellings shall be One hundred and fifty (150) feet. vi. Minimum Lot Size: All uses other than Single Family / Two Family Dwellings shall be One (1) acre. vii. Minimum Ground Floor Area: Single Family Dwellings / Two Family Dwellings: One Story - One thousand (1,000) square feet per dwelling unit. Two or More Stories - Eight hundred (800) square feet per dwelling unit. Multifamily Townhouse Dwellings: Eight hundred (800) square feet per dwelling unit. viii. Maximum Lot Coverage: Single Family / Two Family: Fifty (50) percent of the lot. All other uses: Seventy-five (75) percent of the lot. ix. Parking: Single Family / Two Family: Two (2) parking spaces per dwelling unit. All other uses: Location: Parking areas shall not be located in front of the established front building line oriented toward Spring Mill Road. INIMAN2749§72v[ xi. xii. xiii. Amount: See Chapter 27 of the Carmel / Clay Zoning Ordinance. Outdoor Operations: All operations shall be completely enclosed in a main or accessory building. Landscaping: See Section V., below. Lighting: See Section VI., below. Signs: See Chapter 25.7 - Sign Regulations of the Carmel / Clay Township Zoning Ordinance. INIMAN2749872vl Area 2-B: Area 2-B represents approximately twelve (I 2) to fourteen (14) acres of real estate centrally located within the PUD along the west side of the tPhroposed extension of Illinois Street, but shall not have any frontage on 116 Street. Development within Area 2-B is intended for higher intensity dwelling, office and other uses typically associated with and kn close proximity to a major hospital facility. 1. Area 2-B: Permitted Uses: i. Single Family Dwellings. ii. Two Family Dwellings. iii. Multifamily Townhouse Dwellings. iv. Assisted Living Facility. v. Child Care Center. vi. Day Nursery. vii. Medical Office Buildings - including but not limited to: ali professional medical offices, medical research laboratories; dental laboratories; optical Iaboratories viii. Offices - including but not limited to: professional offices; general offices; financial institutions. ix. General Service Establishments (limited to the ground floor or basement of a primary building) - including but not lirdited to: barber shop; beauty shop; dry cleaning and laundry establishment; heath spa or fitness center. Retail (limited to the ground floor or basement of a primary building) - including but not limited to: apparel shop; art gallery; art and music center; bakery; bookstore; business and electronic machines and equipment sales; camera shop; candy or ice cream shop; duplicating and blue print establishment; flower shop; haberdashery; jewelry store; leather and luggage; millinery shop; newsdealer; office supply store; optician and optical supply; orthopedic and medical appliance and supply sales; photographic studio; printing shop; shoe repair shop; shoe store; stationer; tailor and dressing shop; variety store. xi. Food Services (limited to the ground floor or basement of a primary building): Restaurant; or Delicatessen. INIMAN2 749872vl xii. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to the above- permitted uses shall be permitted, including but not limited to: Located in a Primary Building: cafeteria/deli/coffee shop; photocopying and duplicating services; and, automated teller machines (ATM's). Freestanding: trash enclosures; surface parking and loading areas; and, utilities. Trail. A trail system that will serve the PUD and will connect to a future trail or sidewalk system along Spring Mill Road, including the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. Area 2-B: Development Standards i. Maximum Building Height: Within two-hundred (200) feet of the west right-of-way line oflllinois Street: Sixty (60) feet, with a maximum of five (5) stories. Greater than two-hundred (200) feet from the west right-of- way line of Illinois Street: fifty (50) feet, with a maximum of four (4) stories. ii. Minimum Building Height: Single Family/Two Family: Sixteen(16) feet. Ali other uses: Twenty-six (26) feet, with a minimum of two (2) floors capable of being occupied. iii. Minimum Front Yard: Fifteen (15) feet, but in no case greater than thirty (30) feet. iv. Minimum Side Yard: Single Family / Two Family: Five (5) feet. Ali other uses: Ten (10) feet. v. Minimum Rear Yard: Single Family / Two Family: Twenty (20) Feet. INIMAN2749872vl vi. vii. viii. ix. Ali other uses: Ten (10) feet. Minimum Lot Width: Single Family / Two Family: One hundred (100) feet. All other uses: One hundred and fifty (150) feet. Minimum Lot Size: Single Family / Two Family: Ten thousand (10,000) square feet. All other uses: One (1) acre. Minimum Ground Floor Area: Single Family / Two Family: One Story - One thousand (1,000) square feet per dwelling unit. Two or More Stories - Eight hundred (800) square feet per dwelling unit. All other uses: Ten thousand (10,000) square feet per building; nine-hundred (900) square feet per tenant. Maximum Lot Coverage: Single Family / Two Family: Fifty (50) percent. All other uses: Seventy-five (75) percent of the lot. Parking: Single Family / Two Family: Two (2) parking spaces per dwelling unit. All other uses: Location: Parking areas shall not be located in front of the established front building line oriented toward Illinois Street. Amount: See Chapter 27 of the Carmel / Clay Zoning Ordinance. INIMAN2 749872vl xi. xii. xiii. xiv. X¥. Loading: Applicable to ali business uses. Loading berths oriented toward Illinois Street shall be landscaped/screened using masonry wall(s), plant material or a combination thereof, subject to the approval of the Carmel / Clay Plan Commission. 0 - 40,000 square feet of gross floor area: Zero (0) berths. 40,001 - 100,000 square feet of gross floor area: One (1) berth. Each additional 200,000 square feet of gross floor area: One (1) additional berth. Outdoor Operations: All operations, including temporary refuse storage, shall be completely enclosed in a main or accessory building. Landscaping: See Section V., below. Lighting: See Section VI., below. Signs: See Section VII., below. INIMAN2749872vl Vo Landscaping Landscaping for Area 1: Area 1 shall be landscaped in compliance with the requirements of the US 31 Overlay District. Area 2 - Certain Residential Uses: Landscaping for any Multifamily Townhouse Dwellings and Assisted Living Facilities located within Area 2 of this PUD shall be determined by the Cannel / Clay Township Plan Commission in connection with the approval of the Final Development Plan and ADLS for such development. Area 2-B - Business Use: Landscaping for any business use within Area 2-B of this PUD shall comply with the following regulations: Preservation: The preservation of mature trees is encouraged over the planting of new trees whenever there is a likelihood that preserved trees can be maintained in an environment that will support their ability to survive and thrive for at least five (5) years. Therefore, each development site which includes any existing trees shall, to the maximum extent feasible, propose the preservation of existing trees over the removal of existing trees and the planting of new trees. Depth of Planting Strip: Planting strips shall be provided as specified in this Section. Such planting strip requirements shall not be cumulative in nature. Wherever more than one (1) planting strip is applicable: the planting strip that requires the greater depth of yard shall apply as to the depth of planting strip; and, the planting strip that requires the greater base planting unit shall apply as to the base planting unit. Front Yard Planting Strip: Minimum width shall be fifteen (15) feet (co- existent with the required front yard), shall be provided adjacent to any right-of-way. 2. Planting Strip Adjacent to an Entry Drive: Minimum width ten (I0) feet. 3. Planting Strip Adjacent to any Parking Area: Minimum width as follows: 5' wide when adjacent to a business portion of this PUD. 15' wide when adjacent to Spring Mill Road, 116th Street, Illinois Street or a residential use developed as part of this PUD. Improvements in Planting Strip: The planting strip shall be unoccupied except for plant material, steps, terraces, driveway and pathway crossings, lighting standards, signs, benches, and other similar structures. Base Planting Unit for Planting Strips: The base planting unit for planting strips shall be as follows: INIMAN2 749872vl 1. Adjacent to a right-of-way, for each one hundred (100) linear foot increment: i. Three (3) shade trees. ii. Two (2) ornamental trees. iii. Ten (10) shrubs or berms at a minimum of thirty-six (36) inches in height. 2. Adjacent to entry drives: Same planting unit standards as for adjacent to any right-of-way, above. 3. Adjacent to parking areas: Plantings shall be included in each planting strip required adjacent to a parking area as follows: i. when oriented to a business portion of this PUD, the following materials shall be planted for each one-hundred (100) lineal feet of planting strip: One (1) shade tree. One (1) ornamental tree. Five (5) shrubs or berms at a minimum of thirty-six (36) inches in height. ii. when oriented to a public right-of-way or a developed residential use portion of this PUD, the following materials shall be planted for each one-hundred (100) lineal feet of planting strip: Three (3) shade trees. Four (4) ornamental trees. Twenty-one (21) shrubs or berms at a minimum of thirty- six (36) inches in height. Planting Areas Adjacent to Primary Use Buildings: 1. Front of Build/ngs: A planting area equal to an area measuring fifteen (15) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed along building facades oriented toward Spring Mill Road, 116th Street and Illinois Street. 2. Base Planting Units: When located next to a primary use building, the following planting shall be required: i. One (1) shade tree. INIMAN2749872vl ii. One (1) ornamental tree. iii. Five (5) shrubs Sidewalk in Planting Areas: Sidewalks up to eight (8) feet in width may be permitted in planting areas, but shall not occupy the entire planting area on any side of the building(s). Design of Planting Areas: Planting areas adjacent to buildings need not be rectangular in shape as long as the total square foot area required to landscaped is provided (i.e., innovative and originaI designs are encouraged). Planting Areas Within Parking Lots: A minimum of one (1) shade tree and five (5) shrubs shalI be planted within each parking lot for every ten (10) parking spaces provided, or portion thereof. Installation and Maintenance: Ail planting strips and planting areas shalI comply with the following requirements: 1. Minimum Size at Time of Planting: Shade Trees: 2 1/2 inch caliper, 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. ii. Ornamental trees: 1 I/2 inch caliper 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. iii. Evergreen trees: A minimum height of six (6) feet iv. Deciduous shrubs: A minimum height of twenty-four (24) inches, and no less than six (6) main branches upon planting. Evergreen shrubs: A minimum height and spread of twenty-four (24) inches. Minimum Dimensions: The minimum dimension, in any direction of a planting area or planting median shall be based upon the plant selection, as follows: i. Shade Trees: 9 feet wide ii. Ornamental Trees: 7 feet wide iii. Shrubs (only): 5 feet wide INIMAN2749872vl Plant Species Selection: Landscaping materials selected shall be appropriate to local growing and climate conditions Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department of Community Services. 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 not yet installed, prior to the issuance of the Final Certificate of Occupancy. Maintenance: It shaI1 be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with these requirements. Project landscaping includes, 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. Changes AlSer Approval: Alterations in landscaping may be approved by the Director in order to conform to specific site conditions. Inspection: The Director shall have the authority to visit any tract within this PUD to inspect the landscaping and check it against the approved plan on file. INIMAN2749872vl VI. Lighting. A. Area 1. Lighting for Area 1 shall be in compliance with the requirements of the US 31 Overlay District. B. Area 2-B. Lighting within Area 2-B of this PUD for ail business uses shall comply with the following regulations: 1. Site lighting plans shall include the layout, spread and intensity of all site lighting, including: i. Parking lot and service / storage area lighting; ii. Architectural display lighting; iii. Security lighting; iv. Pedestrian way lighting; and, v. Landscape lighting. 2. The height of light standards shall not exceed: i. fifteen (15) feet above grade when located within ninety (90) feet of the east right-of-way line of Spring Mill Road; or, ii. twenty-five (25) feet above grade elsewhere in Area 2. 3. Light Fixtures for all Parking Areas and Service Areas: All freestanding or wail mounted outdoor light fixtures used to illuminate a surface parking area or service area shall utilize vertical bum, full cutoff fixtures. 4. Light levels shall not exceed: i. 0.1 maintained foot-candle at the east right-of-way line of Spring Mill Road; ii. 0.3 maintained foot candies at the north right-of-way line of 116th Street; and, iii. 0.3 maintained foot candles at the west right-of-way line of Illinois Street. [NIMAN2 749872vl Special Lighting Provisions for Area 2-A for All Multifamily Townhouse and Assisted Living Facility Uses. Along the Spring Mill Road Frontage. The intent of this section is to provide general design guidelines to create a "residential streetscape" along the Spring Mill Road frontage of Area 2-A should any Multifamily Townhouse Dwellings or Assisted Living Facilities be developed along said frontage. To assist in this effort, any outdoor light fixture which is located in Area 2-A for such uses between the established front building line and the right-of- way of Spring Mill Road, and any outdoor light fixture located on a building in Area 2-A and which is oriented to or clearly visible from Spring Mil1 Road shall be of the same or a complimentary design and shall comply with the following design guidelines: Freestanding Outdoor Light Fixtures shall: not exceed ten (10) feet in pole height; not/nclude more than one (1) Iuminaire per pole; be equipped with either an opaque material cap or a reflector to prevent the upward distribution of Iight; and, not exceed one-hundred and fifty (150) watts in intensity. Wall Mounted Outdoor Light Fixtures shall: be mounted along side or immediately above a door; not include more than one (1) Iuminaire per fixture; be equipped with either an opaque material cap or a reflector to prevent the upward distribution of light; and, not exceed one-hundred and fifty (150) watts in intensity. ii. Parking Area Lighting Beside or Behind a Building. In order to minimize the impact of any outdoor light fixtures used to illuminate any parking area or service area for such uses shall: not exceed fifteen (15) feet above grade; not exceed four-hundred (400) watts in intensity. INIMAN2749872vl Special Lighting Provisions for Pedestrian and Landscape Features. Those portions of Area 2 which are designed and intended as pedestrian ways or as landscape features, which may be located adjacent to buildings or located interior to a parking area, service area or along an interior access drive, are encouraged to include the use of bollard style light fixtures (not to exceed four (4) feet in height above grade) to provide definition to and accent lighting of such pedestrian ways and landscape features. Special Lighting Provisions for the Trail. Outdoor light fixtures to illuminate the trail system, if used, shall be ofa bollard style not exceeding four (4) feet in height above grade. INIMAN2749872vI VII. Signs. In order to encourage signs which by their design are integrated with and harmonious to the buildings and sites which they occupy, all freestanding signs and wall signs within Area 2 shall comply with the regulations set forth below and be subject to ADLS review and approval. A. Applicability: Except as provided in Note 1, the following regulations shalI apply to any sign located in Area 2 of this PUD. (Note 1: These regulations are not intended to apply to any single family or two family dwelling units, which shall comply with the regulations of Chapter 25.7 - Sign Regulations of the Carmel / Clay Township Zoning Ordinance.) B. General Sign Regulations: ADLS ApprovaI Required - All freestanding signs shall be approved by the Carmel / Clay Township Plan Commission under an ADLS Approval. Construction of Freestanding Signs - All freestand/ng signs shall include a masonry base. The message of the sign may be displayed by individual letters which are not illuminated, individual back-lighted letters or by a sign face with internal illumination. If intemaI illumination is used, the background of the sign shall be a dark, non-translucent color with the letters, logos or message being a contrasting, light translucent color. Lighting of Freestanding Signs - Freestanding signs shall be either internally illuminated or illuminated by a ground mounted outdoor light fixture in which the luminaire is shielded so that it only illuminates the sign surface and does not shine on, cause glare to or otherwise impair the vision of drivers of any motor vehicle traveling on a public right-of-way. Color Pallet - The color pallet for all signs within an individual area or within all of Area 2, shall be approved by the Carmel / Clay Township Plan Commission under an ADLS Approval. Use of Colors - Al1 signs, whether freestanding or wall mounted, shall utilize a cons/stent color for each element of a message (i.e., a logo may use one color, a business name may use the same color as the logo or a different color, and a sub-text to the business name may use the same color as the logo or the business or may use a different color) unless expressly approved by the Carmel / Clay Township Plan Commission. Number of Colors - In no event, however, shall more than three (3) colors be utilized on any sign. [NIMAN2 749872vl Cw Construction of Wall Signs - All wall signs shall be composed of individual letters or logos. Retail Uses - Wall signs for retail uses shall be limited to no more than two (2) lines of text. If illuminated, illumination shall be by way of interior lighting or back lighting. Other Business Uses - Wall signs for other business uses shall be limited to one (1) line of text and no more than two (2) colors, including iogos. If illuminated, illumination shall be by way of back lighting. Area 2-B. In addition to compliance with the General Regulations set forth above, all freestanding signs or wall signs located in Area 2-B shall be as approved by the Carmel / Clay Township Plan Commission under an ADLS Approval, with the number of signs and the sign area of signs to comply with Chapter 25.7: Si~n Ordinance of the Carmel / Clay Township Zoning Ordinance. INIMAN2 749872vl VIII. Design Guidelines In order to assure compatible architectural styles within the PUD and to provide appropriate transition in terms of scale and density between the planned residential development located west of Spring Mill Road and the high density uses recommended along the US 31 Corridor by the City of Carmel and proposed in connection with this planned unit development, the Design Guidelines contained in this section shall be applicable. Area l-A: Architectural design for Area 1-A shall be consistent with the Final Development Plan for Area 1-A submitted simultaneously with the PUD. Area l-B: Architectural design for Area 1-B shall be consistent with the requirements of the US 31 Overlay District; provided, however, if Area 1-B is developed for a hospital building, said hospital building shall have an architectural design which is consistent with that approved for Area 1-A. C. Area 2-A - Multifamily and Assisted Living: The intent of these design guidelines is to provide sufficient regulations for Multifamily Townhouse Dwellings or Assisted Living Facilities developed in Area 2-A to properly buffer future planned residential development on the west side of Spring Mill Road from the more intense elements of this PUD located in Area 1. To that end, a series of photographs of various buildings is attached to this PUD. These photographs are intended to provide a graphic representation of the intent of the Design Guidelines for Multifamily Townhouse Dwellings and Assisted Living Facilities developed in Area 2-A. The photographs are not intended to propose specific building designs. In reviewing the architectural design of Multifamily Townhouse Dwellings or Assisted Living Facilities proposed to be built in Area 2-A, factors to be considered by the Carmel / Clay Township Plan Commission shall include but are not limited to the following: Design Theme: Buildings should be designed with a consistent overall theme and building materials. Building Proportion: Buildings should generally avoid long, monotonous, uninterrupted walls or roof planes. The design and placement of building facades, doors, windows, and architectural design details should be through use of Regulating Lines. Building Height: The height of new principal buildings should be at least two (2) floors capable of being occupied, or be designed to appear so from the front and sides. The minimum height for all buildings should be twenty (20) feet, either at the roofline or at the top of the parapet wall. INIMAN2 749572vi Building Facades: Facades should have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the building style. Buildings with continuous facades that are ninety (90) feet or greater in width, should be designed with offsets (projecting or recessed) not less than two (2) feet deep, and at intervals of not greater than sixty (60) feet. Facades constructed of more than one material should only change material along a horizontal line or a vertical line (not a diagonal line). Front and side facades of buildings located on comer lots or parcels should be of the same materials and similarly detailed. Roofs: Roofs should be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Shed roofs are permitted only when the ridge is attached to an exterior wall Of a building, and should conform to pitch between 14:12 and 4:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels with a color selected to blend with or complement the primary building colors. Dormers shall be designed with the correct details, proportion and style consistent with the overall building composition, and roofed with symmetrical gable, hip or barrel roofs. Belvederes, cupolas, and pergolas are permitted if appropriate to the style, well proportioned, and fully detailed. All vents, attic ventilators, turbines, flues and others roof penetrations must be painted to match the color of the roof or flat black, except those made of metal which may be left natural. Gutters and downspouts shall be appropriate to or visually integrated with the architectural style of the structure. Entrances: Building entrances shall be defined and articulated by amhitecmral elements such as lintels, pediments, pilasters, colmnns, and other design elements appropriate to the architectural style and details of the building as a whole. The location, orientation, proportion and style of doors must faithfully reflect the chosen style of the building. .Windows: All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way the windows open, the trim around the windows and whether the windows are embellished with shutters must be consistent with the architectural style of the structure. Awnings: Fixed or retractable a~vnings are permitted if the awnings: complement a building's amhitectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, INIMAN2 749872vl or decorative details); do not impair facade composition; and, are designed as an integral part of the facade. Metal or aluminum awnings are prohibited. Suitability of Building Materials: Unless otherwise approved by the Carmel / Clay Township Plan Commission, building materials shall be consistent with the following: Exposed foundation shall be constructed of one or more of the following: Brick; Stone (limestone, granite, fieldstone, etc.); or, Split-face block or architectural pre-cast concrete, if surface looks like brick or stone. ii. Facade walls shall be constructed of any combination of: Brick or stone; Concrete composite siding (i.e., Hardy-Plank siding or equivalent) or other similar materials designed to take on the appearance of smooth cut cedar shingles, wood clapboard siding, or wood beaded siding; or, Stucco with smooth finish, or dryvit (or equivalent), not to exceed twenty percent (20%) of the overall non-window facade area. (Note: Aluminum or vinyl siding materials shall not be considered as acceptable materials for fagade wails.) 10. Design in relation to topography of the site; 11. Design of proposed landscaping in relation to structures; and, 12. OveralI aesthetics of the proposed building, including color. Area 2-B: Architectural design for Area 2-B shall be as approved by the Carmel / Clay Township Plan Commission in its review of the ADLS plans for Area 2-B, with consideration given to the internal location of Area 2-B within the overall PUD and compatibility of the proposed development to other approved developments within this PUD. Lighting - All of Area 2-B: INIMAN2 749872vl Trash Site lighting shall be coordinated throughout Areas 2-B of the PUD and be of a uniform design, color and materials. Ali exterior parking lot and service / storage area lighting fixtures shall be full cut off fixtures. All architectural display lighting and sign lighting shall be generated from shielded light fixtures so that the luminaries are not visible fi'om any adjacent residential development. Mechanical Equipment. Ail mechanical equipment shall be screened from an adjoining public right-of- way by the building or a suitable wall or fencing designed to be generally compatible with the architectural style of the building(s) with which the mechanical equipment is associated. All mechanical equipment located in Area 2-A shall be ground mounted and shall be located on the east side of a building to provide both a visual and a noise abatement barrier for said mechanical equipment from Spring Mill Road. Enclosures. All trash enclosures shall be constructed of a suitable wall or fencing designed to be generally compatible with the architectural style and materials of the building(s) with which the trash enclosure is associated. Parking Lot Design. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. Direct, articulated pedestrian access shall be provided from the street to the main entrance of the building(s). Handicapped parking shall be provided in an mount and design which is in compliance with the ADA Accessibility Guidelines for Buildings and Facilities. Above-grade, structured parking facilities shall have on all sides architectural features that are compatible with the building(s) with which they are associated. Maximum Building Heights. The Maximum Building Heights in Areas 2-A and 2-B are depicted in Exhibit A hereto. INIMAN2 749872vl Common Drainage Facilities. Drainage basins, ponds, swales and facilities serving and located on all or any part of the land subject to the PUD may be developed as part of a common drainage system for all or any part of the land subject to the PUD. [NIMAN2749872vl Examples of Intent of Design Guidelines for Area 2-A INIMAN2 749872vl Examples of Intent of Design Guidelines for Area 2-A INIMAN2749572V! Examples of Intent of Design Guidelines for Area 2-A INIMAN2749872vl Examples of Intent of Design Guidelines for Area 2-A INIMAN2 749872vl IX. Traffic / Roadway Improvements. A. Illinois Street. Right-of-Way: Right-of-way for the portion of Illinois Street to be developed with the first phase of construction shall be provided pursuant to the terms and conditions of a TIF Agreement with the City of Carmel. Additional right-of-way necessary to connect the first phase of development to the north property line of the PUD shall be dedicated upon receipt of a final alignment from the City of Carmel pursuant to the ten,ns and conditions of a TIF Agreement with the City of Cannel. Development: Petitioner proposes the initial development of Illinois Street north from 116th Street to approximately the south line of the existing wooded area at the northern property line of the PUD pursuant to the terms and conditions ora TIF Agreement with the City of CarmeI. 3. Access: West Side - Uses located on the west side of Illinois Street shall gain access to Illinois Street via not more than three (3) common or shared driveways, interior access drives or a public or private street connecting to Illinois Street. ii. East Side - Uses located on the east side of Illinois Street shall gain access to Illinois Street via not more than three (3) full access points and one (1) right-in / right-out access point. B. Spring Mill Road. 1. Right-of Way: Right-of-way for Spring Mill Road shall be dedicated: Within sixty (60) days of final approval of a Final Development Plan for that portion of Area 2-A subject to such Final Development Plan; and, ii. In an amount not to exceed the lesser of that which is specified in the City of Carmel and Clay Township Thoroughfare Plan in existence on June 17, 2003, or specified on the date of final approval of said Final Development Plan for any portion of Area 2-A which receives Final Development Plan Approval. Access: Access from Illinois Street to Spring MiI1 Road shall be limited to one (1) major interior access drive or public street connecting Spring Mill Road and Illinois Street as an extension of the main hospital entrance driveway along Illinois Street. Such connection to Spring Mill Road shall be located in an eighty (80) foot total width right-of-way and shall be INIMAN2749872vl accomplished at or prior to the time of any development within Area 2-A. If Area 2-B develops prior to Area 2-A, provisions shall be made in the layout of Area 2-B to accommodate the continuation of such drive or street extension through Area 2-B from and to Illinois Street to and from Spring Mill Road. No other public or private street may connect Illinois Street and Spring Mill Road. 1164 StreW. Right-of-Way: Right-of-way along the 116th Street frontage of the PUD shall be dedicated in accordance with the Thoroughfare Plan and pursuant to the terms and conditions ofa TIF Agreement with the City of Carmel. Access: Access from and to the overall PUD to and from 116t~ Street shall be limited to throe (3) points, a full intersection / round-about at Illinois Street, a right-in only Emergency Ambulance Entrance just west of US 31, and a right-in, right-out only. INIMAN2 749872vl Administration. A. Development Requirements. The information contained in the following listed sections express the development requirements of this Planned Unit Development and are expressed in "detailed terms" as specified by IC 36-7-4-1500, et. seq., and the Section 31.6.1 of the Carmel / Clay Zoning Ordinance: 1. Section IV - Permitted Uses and Development Standards; 2. Section V - Landscaping; 3. Section VI - Lighting; 4. Section VII - Signs; and, 5. Section VIII - Design Guidelines B. Interpretation of Permitted Uses. It is recognized that this the list of permitted uses specified within each Area of this PUD is a representative listing of use and is not all inclusive of appropriate uses. Therefore, this PUD may require interpretation to assign appropriate uses to each of the individual Areas of this PUD. Any use which is not specifically set forth in this PUD, but which is comparable in terms of traffic generation, customer base and operational characteristics to other uses specified within each Area of this PUD shall be reviewed by the Director for consistency with the intent set forth in each Area of this PUD and for compatibility with uses permitted within those Areas of this PUD. Based upon this review, the Director shall determine if the proposed use is a permitted use within an Area of this PUD. In case of disagreement with the determination of the Director in assigning a use to an appropriate Area within this PUD, any aggrieved party may file an appeal with the Board ofZoning Appeals. Ifitis: (i) determined by the Director that a particular use is not permitted in any Area of this PUD and no appeal of the Director's decision is filed with the Board of Zoning Appeals; or, (ii) determined upon appeal that a particular use is not permitted in any Area of this PUD, then such use shall require a variance of use or a rezoning petition in which such use is specifically included and described in order to be permitted within this PUD. C. Improvement Location Permits. Prior to the issuance of an improvement location permit for any building or stmctm'e (including signs) which requires an improvement location permit under the terms of Section 29.4.2 of the Carmel / Clay Zoning Ordinance, an application for Final Development Plan and ADLS shall be filed and approved by the Carmel / Clay Township Plan Commission. INIMAN2 749572vl Plan Documentation. Plan documentation and filing requirements for Final Development Plan and ADLS review shall be consistent with the requirements specified by the City of Carmel - Department of Community Services, provided, however, the Director shall have the authority to waive any plan documentation requirement which is not relevant to the review of a particular application. Modification of Development Requirements. Upon the written request of any owner of real estate subject to this PUD, the Carmel / Clay Plan Commission may designate a committee of the Commission to review and modify any of the development requirements contained herein (other than permitted uses) after a public heating held in accordance with the Commission's Rules of Procedure. Any determination of a committee to approve or deny any requested modification may be appealed by the Director or any interested party to the Commission, in accordance with the Commission's Rules of Procedure. INIMAN2749872vl XI. Definitions. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this PUD: The singular number includes the plural and the plural the singular, unless the context clearly indicates otherwise. Words used in the present tense include the past and furore tenses, and the future the present. 3. The word "shall" is a mandatory requirement. 4. The word "may" is a permissive requirement. 5. The word "should" is a preferred requirement. B. Definitions: Accessory Structure: A structure subordinate to the building or use located on the real estate and which is not used for permanent human occupancy. An above-grade, structured parking facility is an accessory structure. Accessory Use: A use which is subordinate to the main use, located on the real estate or in the same building as the main use, and incidental to the main use. Automated Teller Machine (ATM): A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion of a customer identification card, password or similar device. Commission: The Carmel / Clay Township Plan Commission, which is the advisory plan commission established pursuant to IC 36-7-4, et. seq., for the City of Carmel and Clay Township, in Hamilton County, Indiana. Director: The Director of the Department of Community Services for the City of Carmel, Indiana or the Director's authorized representatives. Established Front Building Line: A line parallel to a front lot line and which passes through the nearest point of any building or structure. Financial Institution: Any use concerned with such Federal or State regulated businesses as banking, savings and loans companies and investment companies. INIMAN2749872vl 10. i1. Foot Candle: A unit of illumination. One (1) foot candle is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candle power. Photocopying and Duplicating Services (as an accessory use): A facility providing reproduction, cutting, printing, binding, etc., of written materials, drawings, labels, etc., for occupants of the building. Restaurant (sit down): An establishment where food and drink are prepared for, served to and/or consumed by the general public. Such establishment may have: an outside seating component if located in Areas I-A, I-B or 2-B of this PUD; and, a separate area or lounge where alcoholic beverages are served without full food service, provided such areas are accessory to the primary use in terms of square feet or sales. Story: That part ora building, with an open height of no less than seventy-eight inches (78"), except a mezzanine, included between the upper surface ofune floor and the lower surface of the next floor, or if there is no floor above, then the ceiling next above. A basement or any floor located entirely below grade level shall not constitute a story. A mechanical penthouse, whether enclosed by a roof or open to the sky shall not constitute a story. INIMAN2 749872vl Section 3. Violations of Ordinance: All violations of this Ordinance shall be subject to Section 34.0 of the Carmel Clay Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana, this ~-flday of [~rCtK_~'~ ,2003, by a vote of ~ ayes and 22 nays. Pres~/ding Officer der, Piresi~/ent Pr~mpore Robert Battreall Ronald E. Carter Diana L. Cordray, IAMC, Clerkfeasurer [NIMAN2749872vl Ordinance No. Z-409-03 Presented by me to the Mayor of the City of Carmel, Indiana thi~A~of ~2003, at ~)J,t~ ~..M. Diana L. Cordr y, -:, -~jeasurer  Ordinance No. Z-409-03 Approved by me, Mayor of the City of Cannel, Indiana, this day of ~ 2003, at .M. James Brainard, Mayor ATTEST: Diana ;. Cordray, IAMC, Clerk-Tre~er Prepared by: Joseph M. Scimia Clarian Health Parmers, Inc. Attorney Baker & Daniels 600 E. 96th Street, Suite 600 Indianapolis, Indiana 46240 (317) 569-4680 Direct Dial (317) 569-4800 Fax rNIMAN2 749872vl Ordinance No. Z-409-03 Exhibit A LEGAL DESCRIPTION Clatian PUD A part of the Southwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Southwest comer of said Southwest Quarter said point being the POiNT OF BEGINNiNG; thence North 00 degrees 00 minutes 00 seconds (assumed bearing) 2,631.55 feet along the West line of said Southwest Quarter to the Northwest comer of said Southwest Quarter; thence North 88 degrees 45 minutes 11 seconds East 1,328.45 feet along the North line of the West Half of said Southwest Quarter to the Northeast comer of the West Half of said Southwest Quarter; thence North 88 degrees 46 minutes 25 seconds East 451.57 feet along the North line of the East Half of said Southwest Quarter to the Western right of way of U.S. 31 as located by Indiana State Highway Commission plans for Project F-229(9), dated 1968; The following Two (2) courses are along said Western tight of way: (1) thence South 00 degrees 04 minutes 37 seconds East 2,549.36 feet; (2) thence South 59 degrees 18 minutes 54 seconds West 122.00 feet; thence South 01 degrees 26 minutes 16 seconds East 15.74 feet to the South line of the East Half of said Southwest Quarter; thence South 88 degrees 33 minutes 44 seconds West 349.49 feet along the South line of the East Half to the Southeast comer of the West Half of said Southwest Quarter; thence South 88 degrees 32 minutes 03 seconds West 1,329.55 feet along the South line of the West Half of said Southwest Quarter to the Southwest comer of said Southwest Quarter said point being the POiNT OF BEGINNiNG containing 107.367 acres, more or less. Except: A part of the West Half of the Southeast Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest comer of the West Half of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, said point being the POINT OF BEGINNING; thence North 88 degrees 45 minutes 11 seconds East (assumed beating) 987.00 feet along the North line of said West Half; thence South 00 degrees 08 minutes 03 seconds East 32.65 feet to a curve to the tight having a radius of 685.00 feet; the radius point of said curve bears South 89 degrees 51 minutes 57 seconds West; thence southerly 525.34 feet to a point which bears South 46 degrees 11 minutes 34 seconds East from said radius point to a point of reverse curve to the left having a radius of 835.00 feet; the radius point of said curve bears South 46 degrees 11 minutes 34 seconds East; thence southwesterly 75.71 feet to a point which bears North 51 degrees 23 minutes 15 seconds West from said radius point; thence South 88 degrees 45 minutes 11 seconds West 746.51 feet along a line which is parallel to the North line of said West Half to the West line of said West Half; thence North 00 degrees 00 minutes 00 seconds 560.13 feet along said West line to the POiNT OF BEGINNiNG containing 1 t.773 acres, more or less. INIMAN2749872vl Ordinance No. Z-409-03 Exhibit B Clarian PUD INIMAN2749872vl CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF CLARIAN HEALTH PARTNERS, INC. TO REZONE PROPERTY GENERALLY LOCATED AT THE NORHWEST CORNER OF US 31 AND 116th STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-409-03 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application (Docket No. 29-03 Z) of Clarian Health Parmers, Inc. petitioning the Commission for a favorable recommendation to rezone property generally located at the northwest comer of US 31 and 116m Street: At its regularly scheduled meeting of June 17, 2003, the Carmel/Clay Plan Commission voted ten (10) in Favor, one (1) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-409-03 w/th "No Recommendation". Please be advised that by virtue of the Plan Commission's "No Recommendation" action, pursuant to IC 36-7-4-608(g)(4), if the legislative body fails to act on the proposal within ninety (90) days after certification, it is defeated. Ninety days from the date of this Certification is Tuesday, September 23, 2002 ~-- , i:~, ~ RECEIVED CAR~=L CLE ~,K ATTEST: ~ t'~n~, ecrem~ obosi~icz,~ct gS . .~ ~ [a:2[[~; 0gmmissl0n CARMEL/CLAY PLAN COMMISSION Marilyn Anderson, Vice-Pres~, 2003-06-25; Z-409-03; Clarian PUD Certification.rtl Ordinance No. Z-409-03 NOTICE TO TAXPAYERS CARMEL, INDIANA NOTICE OF PUBLIC HEARING TO REZONE PROPERTY COMMONLY KNOWN AS THE NORTHWEST CORNER OF THE INTERSECTION OF ll6TH STREET AND U.S. 31 (MERIDIAN STREET) Z-409-03 Notice is hereby given to the taxpayers of the City of Carmel and Clay Township, Hamilton County, Indiana, that the proper legal officers of the City of Carmel will meet at their regular meeting place, Council Chambers, Carmel City Hall, One Civic Square, Carmel, IN 46032, at 7:00 p.m. on Monday, the 7th day of July, 2003, to consider the rezone application (Carmel/Clay Plan Commission Docket No. 29-03 Z of the City of Carmel Department of Community Services) of Clarian Health Partners, Inc. to rezone land from B-3 and B-6/Business District Classification and the S-2/Residence District Classification to the PUD/Plarmed Unit Development District Classification. The property is located west of U.S. 31 (Meridian Street), east of Springmill Road, and north of 116th Street in Clay Township, Hamilton County, Indiana. The real estate affected by the said rezone application is owned by NRC Corp. and Valley Development Co., Inc. Taxpayers appearing at the meeting shaI1 have the right to be heard. Diana L. Cordray, Clerk-Treasurer June 27, 2003 INIMAN2 739734vl