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Home My WebLink AboutPUD Amendment 07-22-22 Sponsor: Councilor ________ ORDINANCE Z-___-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING THE LEGACY PLANNED UNIT DEVELOPMENT DISTRICT (Z-501-07) Synopsis: Ordinance establishes an Amendment to the Legacy Planned Unit Development District Ordinance, Ordinance Number Z-501-07 which Amendment shall be referred to as the 2022 Legacy PUD Amendment Ordinance Number Z-___-22 (the “2022 Legacy PUD Amendment Ordinance”). The 2022 Legacy PUD Amendment Ordinance amends certain provisions of the original Legacy PUD Ordinance Number Z-501-07 (as amended), which was adopted by the Common Council on January 22, 2007 (the “Legacy PUD”) pertaining to the Use Blocks, Maximum Unit Limitations, and removing units from the future use of the existing Amenity Area within the Legacy. WHEREAS, the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “Unified Development Ordinance”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and WHEREAS, on January 22, 2007 the Common Council adopted the Legacy Planned Unit Development Ordinance, Ordinance Number Z-501-07 which established the Legacy PUD District (the “Legacy PUD”); and WHEREAS, Advenir Oakley Development, LLC (“Advenir Oakley”) submitted an application to the Carmel Plan Commission (the “Plan Commission”) to amend the Legacy PUD District Ordinance (the “2022 Legacy PUD Amendment’) for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); and WHEREAS, the application is consistent with the provisions of the UDO and PUD Statute; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on __________, 2022 regarding the 2022 Legacy PUD Amendment, which application was docketed as ____________ PUD, and WHEREAS, the Plan Commission has given a __________ recommendation to this Legacy 2022 PUD Amendment Ordinance, which Legacy 2022 PUD Amendment Ordinance amends certain provisions of the Legacy PUD with respect to the Real Estate. 2 NOW, THEREFORE, BE IT ORDAINED by the Council, that: (i) pursuant to IC §36-7- 4-1500 et seq., the Council adopts this 2022 Legacy PUD Amendment Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this 2022 Legacy PUD Amendment Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate or parts thereof inconsistent with any provision of this 2022 Legacy PUD Amendment Ordinance shall be null and void and replaced and superseded by this 2022 Legacy PUD Amendment Ordinance; and, (iv) this 2022 Legacy PUD Amendment Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance: A. Development of the Real Estate shall be governed entirely by (i) the provisions of this 2022 Legacy PUD Amendment Ordinance and its exhibits, and (ii) those provisions of the Legacy PUD, as amended by this 2022 Legacy PUD Amendment Ordinance. B. All provisions of the Legacy PUD not affected by this 2022 Legacy PUD Amendment Ordinance shall continue, unchanged, and the Legacy PUD Ordinance, as amended, shall remain in full force and effect. Section 2. Definitions and Rules of Construction: A. General Rules of Construction. The following general rules of construction and definitions shall apply to the 2022 Legacy PUD Amendment Ordinance: 1. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 2. Words used in the present tense include the past and future tenses, and the future the present. 3. The word “shall” indicates a mandatory requirement. The word “may” indicates a permissive requirement. B. Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2, as they appear throughout this 2022 Legacy PUD Amendment Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this 2022 Legacy PUD Amendment Ordinance and not defined below in this Section 2, shall be the same as set forth in the Legacy PUD and UDO. Architectural Character Imagery: These comprise the elevations and perspectives, attached hereto Exhibit D (Architectural Character Imagery). The Architectural Character Imagery shall be the basis for the 3 development of final building designs provided all applicable Development Requirements are met, including ADLS Approval. All Structures on the Real Estate shall be developed in substantial compliance with the Architectural Character Imagery subject to ADLS Approval by the Plan Commission. Concept Plan: The general plan for the development of the Real Estate, including but not limited to lots, streets and common areas attached hereto as Exhibit C (Concept Plan). Controlling Developer: Shall mean Advenir Oakley Development, LLC or the owner of the Real Estate at the time of adoption of the 2022 Legacy PUD Amendment Ordinance, until such time as Advenir Oakley Development, LLC or the owner transfers or assigns, in writing, its rights as Controlling Developer. Development Requirements: Written development standards and any written requirements specified in this 2022 Legacy Amendment PUD Ordinance, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Unified Development Ordinance (or “UDO”): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City’s official Zone Map corresponding to the UDO. Section 3: Concept Plan: A. The Concept Plan, attached hereto as Exhibit C, is hereby incorporated by reference (the “Concept Plan). B. The Real Estate shall be developed in substantial compliance with the Concept Plan subject to Development Plan Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO as it applies to Development Plans. Section 4: Use Blocks: A. Attached hereto as Exhibit B, is a copy of the Legacy PUD Use Block Map illustrating the Use Blocks within the Legacy PUD and also identifying the Real Estate, is hereby incorporated by reference (the “Use Block Map”). 4 B. Section 7. (Primary Office Use Block) of the Original Legacy PUD is deleted. C. The Use Block Map shall be amended by incorporating, in total, the area identified as Primary Office (PO) into the Urban Residential (UR) Use Block area. D. Development of the Real Estate shall be subject to the Permitted Uses, Landscaping, Lighting, Parking and Signage as applicable within the Urban Residential (UR) Use Block and Village Core (VC) Use Block of the Legacy PUD. E. Detached Dwellings shall be subject to the Architectural Standards of Exhibit 8 of the Legacy PUD. Exhibit 8 Lot and Setback Development Standards shall not apply and the Minimum Square footage shall be 1,000 square feet. F. Attached Dwellings and Apartment Buildings shall (i) be subject to the Architectural Design Requirements of Section 6 of this 2022 Legacy PUD Amendment Ordinance and (ii) dwellings shall be a minimum of 750 square. G. A maximum of forty (40) dwellings (flats, Lofts, apartments) are permitted per multi-story building along Community Drive and Equality Boulevard as illustrated on the Concept Plan. H. Primary Uses on the first floor of a minimum of one of the two multi-story buildings along Community Drive shall include but not be limited to leasing, gym, resident café (or similar) and co-working space. Section 5. Maximum Unit Limitations: A. Section 17 (Maximum Unit Limitations) of the Legacy PUD is replaced and superseded in its entirety by the following: The total number of Detached Dwellings, Attached Dwellings, and Apartments, on the Real Estate shall not exceed three hundred and fifty (350). B. There shall be no more than one-hundred and twenty (120) Apartments located within in the three (3) multi-story buildings located along Community Drive and Equality Boulevard. Section 6. Architectural Design: A. All Structures on the Real Estate shall be in substantial compliance with the Architectural Character Imagery hereby incorporated and attached as Exhibit D subject to ADLS Approval by the Plan Commission. 5 Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO as it applies to Architectural Design. Section 7. Amenity Area: A. The Controlling Developer shall construct an amenity area (the “Amenity Area”) on the Real Estate. B. The Amenity Area shall contain, at a minimum, the following improvements: 1. One (1) outdoor pool of a minimum size of one thousand nine hundred fifty (1,950) square feet; 2. Outdoor seating and grilling stations. 3. A clubhouse with a minimum size of one thousand five hundred (1,500) square feet including changing rooms, fitness center and storage; C. In addition to the clubhouse an additional 1,500 square foot building / area(s) will be constructed as part of the Amenity Area or within one of the multi-story building along Community Drive which will include a leasing center and centralized mail delivery. D. The Controlling Developer shall complete construction of the Amenity Area, clubhouse and leasing office buildings prior to occupancy of the dwellings on the Real Estate by residents. E. The Amenity Area shall serve residents of the Real Estate. The Real Estate shall not be part of the association entitled to the use of the other amenity areas which serve the other neighborhoods within the Legacy PUD. Section 8. This 2022 Legacy Amendment Ordinance Number Z-___-22 shall be in full force and effect from and after its passage by the Common Council and signing by the Mayor. Section 9. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this 2022 Legacy PUD Amendment Ordinance, are incorporated by reference into this Legacy PUD Amendment Ordinance and are part of this 2022 Legacy PUD Amendment Ordinance. The remainder of this page is left blank intentionally. 6 Exhibit A Real Estate A PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF COMMON AREA #2 IN THE RIDGE AT THE LEGACY SECTION 1 (AKA THE RESIDENTIAL PHASE ONE, SECTION ONE), AS RECORDED IN INSTRUMENT NUMBER 2013002737 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THE FOLLOWING 4 COURSES FALL ON AND ALONG THE SOUTH RIGHT-OF-WAY OF 146TH STREET AS DESCRIBED IN INSTRUMENT NUMBER 2001065741 IN SAID RECORDER’S OFFICE; (1) SOUTH 84 DEGREES 03 MINUTES 06 SECONDS EAST, 15.14 FEET; (2) NORTH 87 DEGREES 46 MINUTES 14 SECONDS EAST, 197.10 FEET; (3) SOUTH 89 DEGREES 22 MINUTES 02 SECONDS EAST, 1246.72 FEET; (4) SOUTH 88 DEGREES 09 MINUTES 51 SECONDS EAST, 328.47 FEET TO THE WEST RIGHT-OF-WAY OF COMMUNITY DRIVE AS DESCRIBED IN INSTRUMENT NUMBER 2008043636 IN SAID RECORDER’S OFFICE; THE FOLLOWING 7 COURSES FALL ON AND ALONG SAID WEST RIGHT-OF-WAY OF COMMUNITY DRIVE; (1) SOUTH 00 DEGREES 00 MINUTES 14 SECONDS EAST, 224.10 FEET; (2) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 435.43 AND AN ARC LENGTH OF 34.61 AND HAVING A LONG CHORD BEARING OF S02°07'37"W AND A DISTANCE OF 34.60'; (3) SOUTH 04 DEGREES 21 MINUTES 13 SECONDS WEST, 242.38 FEET; (4) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 544.50' AND AN ARC LENGTH OF 41.41 AND HAVING A LONG CHORD BEARING OF S02°10'29"W AND A DISTANCE OF 41.40; (5) SOUTH 00 DEGREES 00 MINUTES 14 SECONDS EAST, 88.34 FEET; (6) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 544.50' AND AN ARC LENGTH OF 29.30 AND HAVING A LONG CHORD BEARING OF S01°32'44"E AND A DISTANCE OF 29.30'; (7) SOUTH 03 DEGREES 05 MINUTES 13 SECONDS EAST, 135.88 FEET TO THE NORTH RIGHT-OF-WAY LINE OF EQUALITY BOULEVARD AS DESCRIBED IN INSTRUMENT NUMBER 2015002813 IN SAID RECORDERS OFFICE; THE FOLLOWING 2 COURSES FALL ON AND ALONG SAID NORTH RIGHT-OF- WAY OF EQUALITY BOULEVARD; (1) SOUTH 86 DEGREES 54 MINUTES 36 SECONDS WEST, 146.59 FEET; (2) SOUTH 89 DEGREES 59 MINUTES 46 SECONDS WEST, 212.88 FEET TO THE SOUTHEAST CORNER OF COMMON AREA #7 IN THE WINDWARD AT LEGACY TOWNHOMES, AS RECORDED IN INSTRUMENT NUMBER 2021066606 IN SAID RECORDER’S OFFICE; THE FOLLOWING 7 COURSES FALL ON AND ALONG THE NORTH AND EAST LINES OF SAID COMMON AREA #7; (1) NORTH 00 DEGREES 00 MINUTES 37 SECONDS WEST, 3.16 FEET; (2) ALONG A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 232.00' AND AN ARC LENGTH OF 43.95' AND HAVING A LONG CHORD BEARING OF S84°33'51"W AND A DISTANCE OF 43.89'; (3) SOUTH 79 DEGREES 08 MINUTES 11 SECONDS WEST, 167.81 FEET; (4) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 768.00' AND AN ARC LENGTH OF 145.48' AND HAVING A LONG CHORD BEARING OF S84°33'47"W AND A DISTANCE OF 145.26'; (5) SOUTH 89 DEGREES 59 MINUTES 23 SECONDS WEST, 140.35 FEET; (6) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00' AND AN ARC LENGTH OF 23.56' AND HAVING A LONG CHORD BEARING OF N45°00'37"W AND A DISTANCE OF 21.21'; (7) NORTH 00 DEGREES 00 MINUTES 37 SECONDS WEST, 174.27 FEET TO THE NORTH LINE OF SAID WINDWARD AT LEGACY TOWNHOMES; THENCE SOUTH 89 DEGREES 59 MINUTES 23 SECONDS WEST ON AND ALONG SAID NORTH LINE 891.32 FEET TO THE EAST LINE OF COMMON AREA #8 IN THE RIDGE AT THE LEGACY SECTION 3 AS DESCRIBED IN INSTRUMENT NUMBER 2014054239 IN SAID RECORDER’S OFFICE; THE FOLLOWING 3 COURSES FALL ON AND ALONG SAID EASTERN LOT LINE OF COMMON AREA #8; (1) NORTH 00 DEGREES 29 MINUTES 16 SECONDS WEST, 83.68 FEET; (2) NORTH 89 DEGREES 59 MINUTES 18 SECONDS WEST, 14.15 FEET; (3) NORTH 00 DEGREES 00 MINUTES 42 SECONDS EAST, 484.95 FEET TO THE SOUTHEAST CORNER OF SAID COMMON AREA #2 IN THE RIDGE AT THE LEGACY SECTION 1 (AKA THE RESIDENTIAL PHASE ONE, SECTION ONE); THENCE NORTH 00 DEGREES 00 MINUTES 40 SECONDS EAST, 109.86 FEET ON AND ALONG SAID EAST COMMON AREA LINE TO THE POINT OF BEGINNING. CONTAINING 30.70 ACRES OF LAND, MORE OR LESS. 7 Exhibit A Real Estate 8 Exhibit B Use Block Map 9 Exhibit C Concept Plan 10 Exhibit D Architectural Character Imagery See Following 10 Pages NEED NOT BE BUILT 1064 SQ FT Cottage - 2 Bedroom Elevation Main Level Private Yard B201 NEED NOT BE BUILT Cottage Duplex - 1& 2 Bedroom 728/1064 SQ FTA201/B201 Elevation Main Level Private YardPrivate Yard NEED NOT BE BUILT 1372 SQ FTC400 Townhouse - 3 Bedroom Lower Level Upper Level Elevation Private Yard NEED NOT BE BUILT Townhouse Twin - 3 Bedroom 1372/1372 SQ FTC400/C400 Lower Level Upper Level Elevation Private Yard NEED NOT BE BUILT Clubhouse Leasing 1456 SQ FT Elevation Floor Plan NEED NOT BE BUILT Clubhouse Fitness 1456 SQ FT Elevation Floor Plan NEED NOT BE BUILT 2 Bedroom Cottage Attached Garage 1456 SQ FT Elevation Floor Plan NEED NOT BE BUILT 3 Bedroom Cottage Attached Garage 1456 SQ FT First Floor Plan Second Floor Plan Elevation NEED NOT BE BUILT Carriage House - 2 Bedroom (Interior Stair) Elevation Upper Floor Plan Lower Floor Plan 2020 SQ FT NEED NOT BE BUILT Stacked Duplex - 2 Bedroom Elevation Upper Floor PlanLower Floor Plan 2173 SQ FT 11 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2022, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Laura D. Campbell, President Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Adam Aasen ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________ 2022, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2022, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032. Legacy PUD - 2022 Amendment - Draft 1 072122