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Home My WebLink AboutZ-538-10 116th Street Centre Z-484-05 updateSPONSOR(s): Councilor(s) Rider and Snyder ORDINANCE Z-538-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARIVIEL, INDI-ANA, AMENDING Z-484-05 110' STREET CENTRE PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE An Ordinance ,41nending t[te Il ti ° Sa eet Centre Planned Unit Development District Ordinance WHEREAS, pursuant to Indiana Code §36-7-4-600 el seq., the Common Council of the City of Carmel, Indiana adopted Ordinance Z-484-05 establishing the 116°i Street Centre Planned Unit Development District; WHEREAS, Section 31.06.04 of the Carmel Zoning Ordinance Z-289 (tire "Zoning Ordinance") and Indiana Code §36-7-4-1512 provides for the amendment of a Planned Unit Development District; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Carmel, Indiana that pursuant to Indiana Code §36-74-600 et seq., and after docket number 09090017 OA having received a favorable recommendation by the Carmel Plan Commission on Tuesday, December 15, 2009, it hereby adopts this ordinance (this "Ordinance") to amend the 116 1hStreet Centre Planned Unit Development District Ordinance Z-484-05 (the "Original PUD Ordinance") and the Zoning Ordinance, as amended, to read as follows: Section 1. Applieability of PUD Amendmn . n rdinance. This subject real estate more particularly describedin Exhibit Arattached hereto (the "Real Estate"). 1.] This Ordinance hereby amends the Original PUD Ordinance by adding Multi - Family Uses as additional permitted . uses in the Multi -Family Area and establishing development and architectural standards for those uses if the Real Estate is developed to include those uses. 1.2 This Ordinance shall apply only to the Real Estate and to the permitted uses, defined below. 1.3 The text of the Original PUD Ordinance shall remain in effect with the adoption of this ordinance, and, if the Real Estate is developed to include the uses permitted in the Original PUD Ordinance, then the Original PUD Ordinance development and architectural standards shall apply to those uses. 1.4 All provisions and representations of the Original PUD Ordinance or Zoning Ordinance that conflict with the provisions of this ordinance are hereby rescinded -I- ww• - - W • M A. The following building base plantings shall be required: Thrcc (3) shade trees, three (3) ornamental trees, and twenty-five (25) shrubs shall be planted per one hundred (100) linear feet of building frontage on right-of- way. If trees cannot be planted between the building and the sidewalk, then an alternative location may be chosen for planting. Landscaping interior courtyards are encouraged. 4.5 Parking_Lot Plantings Where parking lots are visible from the public right-of- way, the following requirements shall apply: A. Lot Interior. Minimum of one (1) shade tree per nine (9) parking spaces, with a minimum of one hundred and eighty (180) square feet of useable soil volume being provided for each tree; and B. Lot Perimeter A minimum five foot (5') wide perimeter planting strip shall be provided on all sides of a parking lot (except where parking spaces abut curb -to -building sidewalk) including four (4) shade trees and twenty-five (25) shrubs and/or ornamental grasses per one hundred (100) lineal feet of strip. Walls or fences with a minimum height of forty-two inches (42") may be used in lieu of planting. Perimeter planting may occupy the same space as a required bufferyard but lot perimeter plantings shall be credited towards the perimeter bufferyard planting requirements. 4.6 Maintenance It shall be the responsibility of the property owner(s) and their agents to insure proper maintenance of project landscaping in accordance with this Ordinance and best management practice standards. This is to include. but is not limited to, snowing, tree trimming, planting, maintenance contracting, 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. AM.to 1bF uiiIt atnily Area shall be per the Zo Ordinance. The multi -family development also shall be permitted to be identifi on the overall project ground signs, located as shown on the Original PUD Ordinance's Coneeotuui! tk.ielnn".. trja t Section 6. 1'his Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Z- 38-flo PASSED by the Common Council of day othe City of Carmel, Indiana, this 2010, by a vote of [„�,,. —"-�' � ayes and — L12_ nays. -6- COMMON COUNCIL FOR THE CITY OF CA RMEL I— 0 Diana L. Cordray,IAMC, r W. Eric Seide ticker 4Lu'yder Presented by the to the Mayor of the City of Carmel, Indiana this an day of 201Q atfa:ao P..M Diana L. Cordray, IAIvfC, Clerk a: Approved by me, Mayor of the City of Carmel, Indiana thisg+l4- day of � _ 2010, at t0:3� A.M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk This Instrument prepal�dby: Steven D. Hardin, L"•sq., Baker BSc Daniels, LLP 600 East 961h Street, Suite 600, Indianapolis, lndiana 462401(317) 569-9600 -7- CERTIFICATION OF THE CARIVEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF 116"' STREET CENTRE 1I, I11, and IV, LLC TO AMEND THE 116"' STREET CENTRE PUD ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE Z-538-10 An Ordinance to Amend the 110h Street Centre Planned Unit Development (PUD) Ordinance To: The honorable Common Council of the City of Carmel Hamilton County, Indiana Deu Members: The Cannel Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 09090017 OA) to amend Ordinance Z-484-05: 116" Street Centre PUD, in order to allow apartment uses within the northern 6.75 acres of the development. The site is located at the northeast comer of 1161h Street and College Avenue. The Cannel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regularly scheduled meeting on December 15, 2009, the Commission voted six (6) in Favor, zero (0) Opposed, zero (0) Abstaining, to tbrward to the Common Council the proposed Ordinance Z•538-10 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4- 607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of the original Certification (December 17, 2009) is Wednesday, March 17, 2010. ATTEST: amona Hancock, Secretary Carmel Advisory Plan Commission Dated: December 17, 2009 2009-121609090017 OA Z-333-10 PC r,,tirmti,, Zeo LADVISORYPLAN COMMISSION ckman, President /f�Z• D co ch