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HomeMy WebLinkAboutOrdinance Z-662-20_Recorded 01-11-21DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO Sponsor: Councilor Rider 2021001966 ORDI $25.00 ORDINANCE NO. Z-662-20 01/11/2021 01: 59: 56PM 27 PGS Jennifer Hayden Hamilton County Recorder IN AN ORDINANCE OF THE COMMON COUNCIL Recorded as Presented OF THE CITY OF CARMEL, INDIANA 11111111111111111111111111111111111111111111111111111111111111 II II AMENDING THE CLAY TERRACE PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: The applicant seeks PUD Amendment approval to modify the existing Clay Terrace PUD in order to. foster redevelopment of the site. The site is located generally at the SW corner of 146th Street and US 31. 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 I.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 coworkin hardware store (less than 50,000 square feet specialty design and home -decor stores or and not utilizing the warehouse format centers (current examples being stores such as described in the excluded primary uses below) Restoration Hardware and Pottery Barn). (including enclosed Lumberyard and attached garden center Multiple -Family Dwelling and Attached insurance office Dwelling Professional Office recording studio Hotel Health and Fitness Facility, health club ors a movie theater indoor utility company business office Version 1 11.10.20 Orduuurce Z-662-20 I Clay Terrace PUD District Ordina ice DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3C0 Restaurant (may include a walk-up or drive- comedy, musical and/or theatrical through pick up window not directly accessed entertainment venue (indoor) from Clay Terrace Boulevard, with appropriate signage, to pick up pre -ordered items) (no drive -through ordering and/or drive -through menu board shall bepermitted) outdoor sales and events such as sidewalk grocery store sales, art fairs and cultural events (may include sidewalk kiosks and/or use of green space and events ace retail uses* Recreational Facility, Commercial Indoor (such as arcades, bowling alleys, miniature olf or similar use farmers market food trucks not in the public Right -of -Way) seasonal outdoor entertainment (examples Day Care and before- and after- school child include: outdoor concerts, temporary outdoor care; day pet care movie theaters, temporary outdoor ice-skating rinks kiosks and similar structures, permanent or Craft distillery, winery and/or craft brewery temporary (limited to event space/green space areas) ((together "kiosks" * 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 fertilizer manufacturing Garbage disposalplant/Sanitary Landfillgo-cart track Grain Elevator Industrial, Heavy Junk Yard and/or salvage yard Kennel, Commercial Manufactured Housing Sales miniature golf outdoorpermanent Mobile Home Park movie theater outdoorpermanent Penal or Correctional Institution Plant Nursery water slide refining or manufacturing of petroleum products refining or manufacturing asphalt, cement, gypsum, lime, wood preservatives Version 1 11.10.20 Page 12 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO sand and gravel extraction or sales self- storage/mini -warehouse facilities Sexually -Oriented Business Single -Family Detached Dwelling small engine sales or repair stand-alone restaurants with drive-thru ordering stock yards, slaughtering, leather curing and Truck Stop tannin Reclaiming processes involving materials home improvement center having a building and/or chemicals that are considered footprint of greater than 50,000 square feet. A dangerous to the health, safety, and welfare of store or center utilizing the large warehouse the general public as determined by the State format for sale of lumber and building of Indiana, Hamilton County or the City 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: The following Accessory Buildings and Uses 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: automated teller machine, outdoor display, private parking area, athletic courts, fitness facility, home occupation, outdoor dining, private surface parking area, private swimming pool, coffee bar, business center, outdoor courtyards/seating, grills/firepits, storage lockers, Amazon/parcel pending delivery, and similar buildings, structures, spaces and uses. Section 5. Minimum Tract Size: The minimum tract size is 8 acres. This Section 5 does not however preclude the sale or other transfer of any parcel of land that is less than 8 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: one hundred (100) feet for Buildings located east of Clay Terrace Boulevard; seventy (70) feet for Buildings located west of Clay Terrace Boulevard and more than three hundred (300) feet from the west property line or more than one hundred twenty (120) feet from the south property line; and forty- five (45) feet for Buildings located west of Clay Terrace Boulevard but less than three hundred (300) feet from the west property line or less than one hundred twenty (120) feet from the south property line. 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. Accessory Buildings, kiosks, 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 1 11.10.20 Page 13 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO Section 6.3. Minimum Building Setbacks: The minimum Building Setback shall be at least fifteen (15) 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. There shall be no minimum Setback for those Buildings oriented toward and adjacent to the Clay Terrace Boulevard Right -of -Way. Section 6.4. Minimum Gross Floor Area: 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 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 and kiosks need not meet the minimum floor area requirement. 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. 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. Version 1 11.10.20 Page 14 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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. L No Sign may extend above the cornice line of the Building. J. Individual retail 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 Facade 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, retail, or residential use on the second floor. 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: 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, Version 1 11.10.20 Page 15 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire tract. 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 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, parks/dog parks, 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 146a` Street west of Clay Terrace Boulevard , 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 and/or within thirty (30) feet of the Right -of -Way. C. Planting Within Parking Lots: Landscaping within the planting islands, planting peninsulas and entranceways (excluding 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 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 and approved by the City's Urban Forester. D. Tree Preservation Areas: 1. An area fifty (50) feet in width shall be maintained, at a minimum review every five (5) years, 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. Version 1 11.10.20 Page 16 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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. 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 - Version 1 11.10.20 Page 17 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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 in consultation with the City's Urban Forester. C. Parking Lot Landscapes: 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. 3. Evergreen trees: a minimum height of 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 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 ensure 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 Version 1 11.10.20 Page 18 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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. Motor Vehicle Parki 1. General Parking Standards shall be according to Section 5.28 of the UDO; however, for the purposes of calculating the required number of Parking Spaces, the following ratios shall be used as guidelines: a) Residential: 1.4 spaces per dwelling; b) Office: 3.4 spaces per 1,000 square feet of floor area; c) Hotel: One space per room or suite, and d) All Other Commercial Uses: 4.0 spaces per 1,000 square feet of floor area. The above guidelines shall be used as a parking requirement baseline, however, a 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 users as long as the demand for the spaces does not coincide substantially among users. 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 architectural features that are compatible with the principal building(s) with which they are associated. The Conceptual Structured Parking Facility Images, attached hereto as Exhibit C, are hereby incorporated to illustrate conceptually the elements and potential character of the architecture and design of the structured parking facilities on the Real Estate. The final facility designs may vary from the Exhibit, however, the facilities shall be substantially similar in quality to the facilities shown in the Exhibit. 4. Parking is prohibited within planting areas along parallel roadways. B. Bicycle Parkin: 1. Bicycle Parking Standards shall be according to Section 5.29 of the UDO, however for the purposes of calculating the required number of bicycle parking spaces, the following shall apply for any new development: a) Residential: 1. Short-term: 0.1 spaces for each bedroom, minimum of four (4) spaces Version 1 11.10.20 Page 19 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO ii. Long-term: 0.34 spaces for each dwelling unit for units without private garages, minimum of two (2) spaces b) Office: i. Short-term: One (1) space for each 10,000 square feet, minimum of four (4) spaces ii. Long-term: Two (2) spaces for each 10,000 square feet, minimum of two (2) spaces c) Hotel: i. Short-term: One (1) space per 30 guest rooms, minimum of 4 spaces ii. Long-term: One (1) space per fifteen (15) guest rooms, minimum of four (4) spaces d) All Other Commercial Uses: i. Short-term: 2 spaces for each 5,000 square feet, minimum of 4 spaces ii. Long-term: 1 space for each 12,000 square feet of floor area, minimum of 2 spaces 2. Short-term bicycle parking for new development may be distributed throughout the entire center. Locations shall be determined by a Bicycle Parking Plan to be submitted as part of the DP/ADLS amendment application. Long-term bicycle parking for Residential uses shall be located within the residential building or parking deck. 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, (that is outside the District), they shall not exceed fifteen (15) feet. C. All site pole lights and wall mounted lights shall be low-level, 90' cutoff luminaires and shall not spill over into adjoining properties (that is outside the District) in excess of 0.3 footcandle in commercial areas, and 0.1 footcandle in residential areas. D. Exterior architectural, display, decorative and sign lighting visible to the public from U.S. Highway 31 is allowed. Version 1 11.10.20 Page 110 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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. 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. Signs Plan: A sign plan shall be submitted for the Commission's approval as part of an ADLS or ADLS amendment application. Please see Section 11 for exclusions. B. Sign Standards: Section 5.39 of the UDO shall apply to all signs, except as modified below: Center Identification Signs: a. Three (3) center identification Ground Signs (identified as sign type A02 on the attached Exhibit D) each with a maximum height of twelve feet two inches (12'2") and a maximum Sign Area of 105 square feet shall be permitted at the entrance locations shown approximately on the attached Exhibit D. These signs also may include tenant identification. b. One (1) center identification sign (identified as sign type A01 on the attached Exhibit D) with a maximum height of thirty (30) feet and a maximum Sign Area of 105 square feet shall be permitted at the location shown approximately on the attached Exhibit D. This sign shall be attached to and project from a parking structure's facade, or other building's facade, oriented towards US 31. However, if placing the sign on a parking structure or building is not possible then it may be free-standing. The maximum length of the sign shall be thirty (30) feet. This sign also may include tenant identification. C. These center identification Ground Signs shall include a Landscaped Green Area at its base equal to the Sign Area. For example, ornamental grasses, shrubs and seasonal flowers. 2. Hotel Signs: a. Three (3) upper level Wall Signs, one per fagade, located within the Spandrel Panel shall be permitted. One (1) lower level Wall Sign shall be permitted above the primary entrance. Version 1 11.10.20 Page 111 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO b. Any upper level Wall Sign on the west facade shall use reverse lit illumination. C. Ground Floor Hotel tenants are allowed one sign per frontage on a public street, private drive, or courtyard as long as the total number of signs does not exceed three (3). 3. Multi -Tenant, Multi -Level, Office Building: a. Two (2) Wall Signs per facade, placed symmetrically on the building, maximum of six (6) total, located within the Spandrel Panel shall be permitted. b. Any upper level Wall Sign on the west facade shall use reverse lit illumination. C. Ground Floor Building tenants are allowed one sign per frontage on a public street, private drive, or courtyard as long as the total number of signs does not exceed three (3). 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 facade. b. Other signs shall be permitted and regulated by Section 5.39 of the UDO. C. Any upper level Wall Sign on the west facade shall use reverse lit illumination. d. Ground Floor Building tenants are allowed one sign per frontage on a public street, private drive, or courtyard as long as the total number of signs does not exceed three (3). 5. Multi -Tenant Ground Floor Building: a. Tenants are allowed one sign per frontage on a public street, private drive, or courtyard as long as the total number of signs does not exceed three (3). 6. One Wall Sign per tenant for primary entrances 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. However, signs shall be reverse -lit, shall not exceed 20' from grade, and shall not be closer than 100' from the property line. 7. 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 Director. 8. Project Monument Identification Ground Signs: One (1) project monument identification Ground Sign with a maximum height of Version 1 11.10.20 Page 112 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO ten (10) feet and a maximum Sign Area of 250 square feet shall be permitted within the District's interior. ADLS/ADLS Amendment approval shall be required for this sign. 9. Trail Markers: Trail markers designating walking and bicycle paths not exceeding three (3) square feet and not higher than four (4) feet above ground level are deemed to be Exempted Signs pursuant to Section 5.39(C) of the UDO. 10. Vehicle Directional Signs: Ten (10) vehicle directional Signs not higher than ten (10) feet above ground level and with a maximum Sign Area of twenty (20) square feet shall be permitted. 11. Pedestrian Directories: Nine (9) pedestrian directories not higher than seven (7) feet above ground level and with a maximum Sign Area of twenty (20) square feet shall be permitted. Pedestrian directories may be digital and may have on -premises advertising. The message shall change no more than one (1) time per ten (10) seconds. 12. 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. A representative palette of representative sculptures shall be submitted once for ADLS approval. As long as the actual sculptures are substantially similar in quality and character, then no additional submission is required. 13. Parking Identification Signs: Each entrance to a parking structure shall be allowed a Wall Sign within a Spandrel Panel over the entrance not exceeding 100 square feet in Sign Area. Each parking structure shall be allowed a perpendicular Blade Sign attached to the structure not exceeding 75 square feet in Sign Area in addition to sign AO in Section 10(3)(B)(1)(b) of this ordinance. 14. Street Light Banners may be installed on lighting and other fixtures located within the streetscape along Clay Terrace Boulevard. 15. 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). 16. All signs existing as of the date of enactment of this Ordinance shall be deemed permitted. 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. Version 1 11.10.20 Page 113 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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 10.6. Bicycle Lane: A separate dedicated bicycle path shall be installed, and properly maintained, from the southern entrance of the District to the northern entrance of the District. The bicycle path shall be a minimum of eight (8) feet wide, except it shall be a minimum of ten (10) feet wide when located adjacent to any redevelopment or new development and located in the public City owned Right -of -Way. Section 10.7. Barrier at 146' Street Right -In Entrance: A barrier shall be installed and maintained along the north edge of the right -turn only entrance at the District's north west corner within the 146th Street Right -of -Way, as shown on Exhibit E, subject to approval by Hamilton County. Section 10.8. Noise Mitigation: Noise mitigation strategies will be designed and reviewed as a part of the ADLS approval to enhance compliance with the City's Noise Ordinance. Section 10.9. Clay Terrace Boulevard Right -of -Way: The minimum Right -of -Way width of Clay Terrace Boulevard shall be 58 feet. Section 11. Approval of ADLS: A. The Commission shall consider an ADLS approval application for any project on the Real Estate except sign permits. Tenant sign modifications (e.g., following tenant turnover) shall follow only the sign permit procedures. 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: Version 1 11.10.20 Page 114 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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. 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. Section 13. Modification of Development Requirements (Zoning Waiver): The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the dimensional standards by less than ten (10) percent of the specified standard. Modification of the Development Requirements requested by the Developer may be approved by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which approves or denies any requested modification may be appealed by the Director or any interested party (including the Developer) to the Commission, also in accordance with the Commission's Rules of Procedure. Any approval of such waiver is subject to the following criteria: A. The proposal shall be in harmony with the purposes and land use requirements contained in this PUD Ordinance. B. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of this PUD District and must not adversely affect emergency access in the area. C. If the Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse impact on development in this PUD District, it shall grant a modification of the Development Version 1 11.10.20 Page 115 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO Requirements. In granting modifications, the Commission may impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of this PUD Ordinance. Section 14. Tree Preservation in Future Ramp Area: 200 inches of trees, less any trees that are able to be retained 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. Priority will be given to replacing dead trees and adding additional trees in and adjacent to the 50-foot tree preservation area between the District and the adjacent neighborhoods to the west and south, not to exceed 30 inches of the 200 inches. Section 15. 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 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 16. Violations of Ordinance: All violations of this Ordinance shall be subject to Article 10 of the UDO. Section 17. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 18. 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 1 11.10.20 Page 116 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO Z-662-20 PASSED by the Common Council of the City of Carmel, Indiana this 21st day Of December , 20 20 by a vote of 8 ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL DocuSigned by: 6&3A&�B'r,M18944G5... Laura D. Campbell, President (`DocuSigned by: �✓ �jFl Sue Finkam, Vice President ra DocuSigned by: . am", �IMA-M-4 ... Adam Aasen rDocuSigned by: a L46" t� " "rtt.L4' Anthony Green FDocuSigned by: �f �— eV C71-BD�98�$Fht .. Timothy J. Hannon ATTEST: DocuSi'iRgned by: FRAQD,7 AgRddf'S Sue Wolfgang, Clerk of the City Not Present H. Bruce Kimball CocuSigned by: i�,t,S R ... Miles Nelson DocuSigned by: EESt83E'It73'S6� ... Kevin D. Rider 1,—DocuSigned by: Jeff Worrell Version 1 11.10.20 Page 117 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3C0 Presented by me to the Mayor of the City of Carmel, Indiana this 22nd day of December 20 20 at 5 : 00 P M. DocuSigned by: Sue Wolfgang, Clerk of the City Presented to me, Mayor of the City of Carmel, Indiana this 22nd day of December 2020 at 6:00 P .M. DocuSigned by: James Brainard Mayor ATTEST: DS DocuSigned by: RRRARQQ��4A Sue Wolfgang, Cle I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Mark R. Leach. This Instrument prepared by: Steven D. Hardin, Esq. and Mark R. Leach, Land Use Planner, Faegre Drinker Biddle & Reath LLP, 600 E. 96th Street, Suite 600, Indianapolis, Indiana 46240. Version 1 11.10.20 Page 118 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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 1 I 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 I 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 Version 1 11.10.20 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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; 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 Version 1 11.10.20 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO FEET; (4) THENCE SOUTH I DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE 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 1 11.10.20 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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 1 11.10.20 Ordinance Z-662-20 I Clay Terrace PUD District Ordinance DocuSign Envelope ID: BA7BC56C-AFCF-4205-A537-158B63COA3CO 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 II DEGREES 02 MINUTES 34 SECONDS WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 944.60 FEET TO THE POINT OF BEGINNING. 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