HomeMy WebLinkAboutZ-500-06 Park Place PUD
SPONSOR: Councilor Sharp
ORDINANCE Z-500-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
,
CITY OF CARMEL, INDIANA ESTABLISHING THE PARK PLACE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance with the requirements ofLe. 936-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
unanimous favorable recommendation to the ordinance set forth herein (the "Park Place
Ordinance") which establishes the Park Place Planned Unit Development District (the
"District"), which shall also be referred to as the "Park Place Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 et seq., it adopts this Park
Place Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full
force and effect from and after its passage, (ii) all prior commitments shall be null (and void and
replaced and superseded by this Park Place Ordinance, and (iii) this Park Place Ordinance shall
be in full force and effect from and after its 'passage and signing by the Mayor.
Applicability of Ordinance
Section 1
1.1 Zoning Map The Official Zoning Map of the City of Carmel and Clay
Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to
designate the land described in Exhibit "A" (the "Real Estate"), as a Planned Unit
Development District to be known as Park Place.
1.2 Development Development in the District shall be governed entirely by (i) the
provisions of this Park Place Ordinance and its exhibits, and (ii) those provisions
of the Carmel/Clay Zoning Ordinance specifically referenced in this Park Place
Ordinance. In the event of a conflict between this Park Place Ordinance and the
Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Park
Place Ordinance shall apply.
1.3 Capitalized Terms Any capitalized term not defined herein shall have the
meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of
the enactment of this Park Place Ordinance.
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Section 2 Permitted Primarv Uses.
The Park Place Ordinance is intended to permit a full service Iifecare retirement
community that shall provide independent retirement living, assisted living, and nursing
care. Permitted uses shall include, "Nursing/Retirement/Convalescent Facility",
"Assisted Living Facility", "Clinic or Medical Health Center", and "Hospice" as the same
are defined in the Carmel/Clay Zoning Ordinance. However, in connection with the
foregoing uses, full time-twenty four (24) hour medical staff and medical facilities shall
be permitted to provide full diagnosis, treatment, and therapy of all medical and health
care issues, as well as on-site restaurant facilities to serve the residents and their guests.
Section 3
Accessorv Buildinl!s and Uses.
All Accessory Structures and Accessory Uses shall be permitted except that any detached
accessory building shown on any development plan shall have on all sides the same
architectural features or shall be architecturally compatible with the principal building(s)
with which it is associated. A temporary on-site sales office and/or sales trailer shall be
permitted.
Section 4
Communication Equipment.
Cell towers shall not be permitted. Personal satellite dishes to provide service to the
residents shall be permitted, so long as they do not exceed twenty four (24) inches in
diameter.
Section 5
Heil!ht, Area and Development Requirements
5.1 Height and Area Requirements
~ The maximum Building Height shall be fifty-five (55) feet.
2Jill The minimum front yard Set Back. shall be sixty (60) feet from the
perimeter boundary line of the Real Estate contiguous with Guilford Road.
Dill The minimum side yard Set Back adjacent to the northern and eastern
property line of the Real Estate shall be seventy five (75) feet and the minimum
side yard Set Back adjacent to the southern property line of the Real Estate shall
be fifty (50) feet.
D@ The maximum Parcel Coverage shall be twenty-five percent (25%).
Dill There shall be a maximum of one hundred ninety five (195) independent
residential living units, twenty (20) assisting living units, and twenty-eight
(28) nursing care units.
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5.2 Conceptual building rendering and elevations Attached hereto and incorporated
herein by reference as Exhibit "C" are conceptual building images of the proposed
building that may be constructed upon the Real Estate. The building to be
constructed upon the Real Estate shall consist of primary building materials,
including but not limited to, Masonry, brick, cast stone, stone, stucco, or fiber
cement board, or the equivalent thereof. Any fiber-cement board that is installed
shall be installed by a certified installer. Secondary building materials shall
include, but not be limited to, wood, simulated wood, cement plaster, or the
equivalents thereof. The main roof shapes shall have a minimum slope of twelve
(12) horizontal to six (6) vertical. The final development of the building depicted
on Exhibit "C" shall be subject to further ADLS review and approval.
Section 6
Parkin!!: Requirements
6.1 Parking Requirements.
6.l(a) Each independent residential living unit shall have one and four-tenths
(104) covered garage spaces or on-grade parking stalls on site.
fU.(Q} Each assisted living unit shall have one (1) on-site parking space per unit
and every four (4) nursing beds shall have one (1) on-site parking stall.
6.1 (c) In addition to the above parking spaces, there shall also be a minimum of
seventy five (75) additional on site parking spaces for visitors and staff to
serve the site.
6. I( d) There shall be a minimum of eight (8) handicapped parking spaces to
serve the site.
6.2 Bicvcle Racks.
6.2 (a) A minimum of two (2) and a maximum of four (4) bicycle racks shall
be located around the building perimeter and each individual bicycle
rack shall accommodate between four (4) to six (6) individual bicycles.
Said bicycle racks shall conform to the design standards and
requirements regarding the same in the Zoning Ordinance.
Section 7
Landscapin!!: Requirements
The landscaping in the PUD District shall be designed to compliment the architecture of
the residential and commercial buildings. Street trees, streets cape plantings, and bu ffer
areas shall be used to bring natural elements to the design pattern, in consultation with the
Carnlel Urban Forester.
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7.1 General Landscaping Standards. Landscaping shall be integrated with
other functional and ornamental site design elements, where appropriate, such as
hardscape materials, paths, sidewalks, fencing, or any water features.
Plantings along buildings and streets should be designed with repel1tlOn,
structured patterns, and complementary textures and colors, and should reinforce
the overall character of the area. Alternative or pervious paving material may be
considered, or alternative planting media shall be considered, for the urban areas
where planting space is limited by restrictions such as buildings, asphalt or
concrete paving, parking lots, etc.
All trees, shrubs and ground covers shall be planted according to American
Standard for Nursery Stock (ANSI Z60.l), and following the standards and best
management practices (BMPs) published by the City's Department of Community
Services Urban Forestry Section. Landscaping materials shall be appropriate to
local growing and climatic conditions. Plant suitability, maintenance and
compatibility with site construction features are critical factors that should be
considered.
Shade trees shall be at least 2.5" in caliper diameter when planted. Ornamental
trees shall be at least 1.5" caliper diameter when planted. Evergreen trees shall be
6'in height when planted. Shrubs shall be at least 18" in height when planted.
Ornamental grasses shall obtain a mature height of at least 3'.
The Developer shall conserve existing established trees identified on the
Conceptual Landscape Plan and Tree Preservation Plan, which is attached hereto
and incorporated herein by reference as Exhibit "D": however, said trecs may be
removed under any of the following circumstances:
. As is necessary to clear dead trees;
. As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, utilities and drainage improvements,
infrastructure; and
. As necessary for publ ic health and safety as determined in cooperation
with the Urban Forester.
Existing vegetation may be used to achieve project landscaping requirements if
(a) the vegetation located on subject parcel is of suitable quality and health, and
(b) the vegetation is proposed to be preserved using accepted best management
practices for tree protection during construction.
7.2 Maintenance
It shall be the responsibility of the owners and their agents to insure proper
maintenance of project landscaping in accordance with the Park Place Ordinance
and best management practice standards. This is to include, but is not limited to,
watering, mowing, tree trimming, planting, maintenance contracting, irrigation
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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.
7.3 Building Base Landscaping Standards
Building base landscaping shall be provided at the base of all building elevations
that do not directly abut planted hardscapes to soften the architectural lines of
buildings, frame the primary views to buildings and public spaces, and blend
architectural designs with the landscape. Building landscaping shall be designed
to appropriately complement a building's use, setback, height, and architectural
features. Window boxes for flowers and planters on front stoops and sidewalks
are encouraged in areas where landscaping cannot be installed at the base of a
building due to the building's proximity to a sidewalk, path, street, right-of-way
or easement. Building base landscaping may help fulfill bufferyard requirements
where applicable.
Primary area building base landscaping shall contain a minimum of 2 shade trees,
I ornamental tree, and 9 shrubs per 100 linear feet of building perimeter. Shrubs,
ornamental grasses, or other alternate landscaping techniques may be used to
fulfill the building base landscaping requirements if approved by the Department.
[fbuilding base landscaping cannot be installed due to a building's proximity to a
sidewalk, path, street, right-of-way, or easement then landscaping may be
installed elsewhere on the site to fulfill the bui Iding base landscaping
requirements. Appropriate alternate locations include, but are not limited to:
interior courtyards, sidewalks (as additional street trees), parking lots, alleys, etc.
[n addition, where facades abut the public right-ot~way and/or sidewalks span the
entire frontage, planting islands may be created within the right-of-way and street
trees can help fulfill this requircment.
Deciduous trees should be planted in locations to the south and west of building to
allow for shade in summer months and greater sun exposure in the winter months.
Evergreen trees should be used as windbreaks to buffer northwest winds.
7.4 Street Trees.
Medium or large growing shade trees shall be planted adjacent to the street right-
of-way, parallel to each street, in planting clusters. As per City Standards, there
will be a minimum of25 street trees planted along the Guilford Road frontage. In
areas of high pedestrian and commercial activity, tree wells shall be covered with
decorative grates or pavers in order to maximize uninterrupted pedestrian
pathways. Where ample passage area is provided, tree planting areas shall be
treated as planting beds to soften the hardscape.
As per City standards, no street trees shall be planted in conflict with drainage or
utility easements or structures, underground detention (unless so designed for that
purpose), or within traffic vision safety clearances. However, where the logical
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location of proposed utilities would compromise the desired effect, the Developer
may solicit the aid of the Urban Forester in mediating cost-effective solutions.
Street tree species shall be selected from the City's published list of recommended
street trees. Street trees shall be pruned to a height of eight (8) feet minimum over
sidewalks and twelve (12) feet minimum over streets, to allow free passage.
7.5 Perimeter Planting and Buffervard Requirements
Perimeter landscaping along the property lines shall be provided in the form of
either (a) landscaping per the requirements of the conceptuilllandscape plan for
Park Place CeRC or (b) street trees for portions of the perimeter which abut
other existing public right-of-way or where a public right-of-way is created via a
proposed road, or (c) existing landscaping which meets the health and quality
requirements found in Carmel Clay Land Use Regulations Section 26.04. Any
street trees used to meet perimeter landscape requirements shall meet all other
standards provided in this Section 7.4.
Bufferyards shall be planted at the time of construction of the buildings. Trees
shall be planted at intervals no less than twenty (20) feet, nor more than thirty (30)
feet. Shrubbery may be planted informally or in rows and shall screen parking
areas, outside storage areas, loading berths, trash and refuse containers, and so
forth from view.
7.6 Parking Lot Landscaping.
Where parking lots are visiblc, the following requirements shall apply:
7.6 (a) Lot interior. Minimum of one (I) shade tree per nine (9) parking spaces,
with a minimum of four hundred square feet (400 SF) of useable soil
volume being provided for each two (2) trees. Planting areas shall be
evenly dispersed throughout the parking area;
7.6 (b). Lot Perimeter. A minimurri five foot (5') wide perimeter planting strip
shall be provided on all sides of lot (except whcre parking spaces abut
curb-to- building sidewalk) including four (4) shade trees and twenty-five
(25) shrubs and/or ornamental grasses per one hundred lineal feet (100LF)
of strip. Perimetcr planting may occupy the same space as a required
bufferyard and may contribute towards Perimeter Bufferyard
Requirements.
7.6 (cl Pedestrian Corridors For any pedestrian corridors, where adequate space
cxists, trees, shrubs and groundcover shall be planted.
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Section 8
Plattinl!
The platting of the Real Estate into smaller tracts shall be permitted administratively, so
long as the proposed plat complies with the area requirements set forth hereinabove in
Sections 5, 6, and 7, and the creation of a new property lines within the Real Estate shall
not impose or establish new development standards beyond those specified above in
Sections 5, 6, and 7, for the entirety of the Real Estate. However, the development of any
parcel shall conform to the requirements of Section 12 below, and all other applicable
requirements contained in this Park Place Ordinance.
Section 9
Lil!htinl! Requirements
9.1 Lighting Requirements
2lW Lighting shall be in accordance with the lighting standards and
requirements as the same are set forth in the Carmel/Clay Zoning
Ordinance.
9.1 (b) The maximum height of light standards in parking areas shall not exceed
twenty (20) feet. When light standards abut or fall within ninety (90) feet
of single family residence, their height shall not exceed fifteen (15) feet.
2.,lill Parking area lighting and street lighting shall be of uniform design and
materials.
.2J..(Ql Exterior lighting shall be architecturally integrated with the building style,
material and color. Rooftop lighting shall be prohibited.
2Jill Exterior lighting of the building or site shall be designed so that light is
not directed offthe site and the light source is shielded from direct offsite
viewing. For any use, illumination levels shall not exceed 0.5 footcandle at
the property line.
Section 10 Sil!nal!e
10.1 Ground /Entrvwav Signs.
10.1(a)~: One (I) Ground/Entryway Sign shall be permitted per each
entrance to the site. The building materials and design for any
Ground/Entryway signs should be compatible and consistent with the
building materials and design of the adjacent buildings and structures.
10.1 (b)Maximum Sign Area: Thirty (30) square feet each.
I 0.1 (c) Illumination of Sign: External.
10.1(d) Sign Permit: Required.
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10.l(e)Fees: Required.
10.2 Wall Signs and Other Signage. Wall signage and other types of site signage
shall be permitted, but shall be subject to the requirements and standards
governing the same pursuant to the Carmel/Clay Sign Ordinance.
Section 11
Mechanical EQuipment
Any mechanical equipment visible from an adjoining public street shall be
screened with suitable landscaping or fencing in general architectural
compatibility with the building(s) with which it is associated. Fencing materials
may include brick, stone and other attractive masonry screening materials. To
the extent practicable, mechanical equipment should be placed on the roof and
screened by the parapet.
Section 12
Approval Process
12.1 Nature of Development Requirements. The development requirements set forth in
this Park Place Ordinance are in accordance with the requirements ofLC. 36-7-4-
1500 et seq. and are expressed in detailed terms as provided under I.C. 36-7-4-
1509(a)(2). Further, as permitted under I.C.36-7-4-1509(e), he approval process
contained in this Section 12 shall be adhered to in order to obtain an improvement
location permit.
12.2 Approval or Denial of the Primarv Plat/Development Plan.
12.2(a) Exhibit "B", which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). However, the CP
does not constitute the approved development plan and primary plat for
the Real Estate, nor does it constitute the approved architecture, design,
lighting and landscaping for the Real Estate. The buildings, landscaping,
and other associated improvements, considered in connection with the
Park Place Ordinance shall require further (i) ADLS approval and (ii)
development plan/primary plat approval. The Secondary Plat and Final
Development Plan approval procedures are set forth below in this Section
12. If there is a Substantial Alteration in the approved ADLS and
development plan/primary plat, review and approval of the amended plans
shall be made by the Commission, or a Committee thereof, pursuant to the
Commission's rules of procedure. Minor Alterations may be approved by
the Director.
12.2(b )The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Secondary
Plat (the "SP") and the Final Development Plan ("FDP") for the Park
Place Ordinance; provided, however, that the Director shall not
unreasonably withhold or delay the Director's approval of the SP and/or
FDP that is in substantial conformance with the development plan/primary
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plat and is in conformance with the Development Requirements of this
Park Place Ordinance. If the Director disapproves any SP or FDP, the
Director shall set forth in writing the basis for the disapproval and
schedule the request for approval of the SP and FDP for a hearing before
the full Plan Commission.
12.2(c)An amendment to the SP or FDP, which is not determined by the Director
to be a Substantial Alternation or Material Alteration from the approved
development plan/primary plat, may be reviewed and approved solely by
the Director. However, in the event the Director detennines that there has
been a Substantial Alteration or Material Alteration between the approved
development plan/primary plat and any proposed SP or FDP, the Director
may, at the Director's discretion, refer the amended SP or FDP to the
Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
12.2( d)The SP and FDP shall be a specific plan for the development of all or a
portion of the Real Estate that is submitted for approval to the Director,
which shall include reasonable detail regarding the facility and structures
to be constructed, as well as drainage, erosion control, utilities, and
building infonnation.
Section 13
Definitions and Rules of Construction
13.1 General Rules of Construction. The following general rules of construction and
definitions shall apply to the regulations ofthis Ordinance:
13. ](a) The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
13. ](b) Words used in the present tense include the past and future tenses, and the
future the present.
13.](c)The word "shall" is a mandatory requirement. The word "may" is a
pennissive requirement. The word "should" is a preferred requirement.
13.2 Definitions
A. ADLS: Architecture, design, lighting, landscaping and signage.
B. Accessory Structure: A structure subordinate to a building or use located
on the Real Estate that is not used for permanent human occupancy.
C. Accessory Use: A use 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.
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D. Building Height: The vertical distance from the lot ground level to the
highest point of the roof for a flat roof, to the deck line of a mansard roof
and the mean height between eaves and ridges for gable, hip and gambrel
roofs.
E. City: The City of Carmel, Indiana.
F. Commission: The Carmel/Clay Plan Commission.
G. Conceptual Plan. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations and is depicted on Exhibit
"B", which is attached hereto and incorporated herein by reference.
H. Council: The City Council of the City of Carmel, Indiana.
1. Countv: Hamilton County, Indiana.
J. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
K. Developer. Guilford Partners, LLC and its successors and assigns.
L. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include hislher authorized representatives.
M. Final Development Plan. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes landscaping,
parking, drainage, signage, lighting and building information for the site.
N. Masonrv: Masonry shall include brick, cast stone, stone or the equivalents
thereof.
O. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
P. Minor Alteration: Any change to an approved plan of any type that
involves the revision of less than ten percent (10%) of the plan's total area
or approved materials.
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Section 14
Q.
Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (18)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
R.
Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
S.
Right-of-Wav: An area ofland permanently dedicated to provide light, air
and access.
T.
Secondary Plat. A specific plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan review includes general landscaping, parking,
drainage, erosion control, signage, lighting, screening and building
information for the site.
u.
Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, sidewalks, parking lot areas, and the
perimeter boundary of the Real Estate. For purposes of determining Set
Back, the perimeter boundary of the Real Estate (i) shall always mean and
refer to the outside perimeter boundary line of the Real Estate and
(ii) shall not be changed or reduced by reason of the platting or
subdivision of the Real Estate into smaller parcels.
V.
Sign: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
W.
Substantial Alteration: Any change to an approved plan of any type that
involves the revision often percent (10%) or more of the plan's total area
or approved materials; however, the ten percent (10%) revision calculation
shall be not be calculated and! or based on a continuing basis.
Violations
All violations of this Park Place Ordinance shall be subject to Section 34.0 of the
Carmel/Clay Zoning Ordinance.
~ASSED by the Common Council of the City of Carmel, Indiana this (qAday of
j-- ~~ ,2007, by a vote of u:> ayes and I nays. ..
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COMMON COUNCIL FOR THE CITY OF CARMEL
;J~~ ~/
Ppiding Officer Kevi lrby
j)'0.~,
Brian D. Mayo
nald E. Carter
o Pt'DS.gD
Mark Rattermann
Ri'~&*
F
ATTEST:
d Presented by
~~
me to the Mayor of the City
,2007,at ,: 09
of Carmel, Indiana the I q~ day of
o'clock~.M.
Diana L. Cordray, IAMC, Clerk Tre
Approved by me, Mayor of the City of Carmel, Indiana, this I Cl, ~ day of
j..~O , 2007, at ,:o!l o'clockL.M.
~~
J#es Brainard, Mayor
AT~
Diana L. Cordray, IAMC, Clerk
13
This Instrument prepared by: James E. Shinaver
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
This Instrument reviewed by: Wayne Beverage
WLB Associates, Inc.
16656 Brownstone Court
Westfield, In. 46074
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EXHIBIT "A"
Le!!al Description
LEGAL DESCRIPTION
Situate in the State of Indiana, COlUlly of Hamilton and being a part of the Southwest quarter of Section 36,
Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to wit:
Commencing at a 5/8 inch rebar marking the Northeast comer of the West half of the Southwest quarter of
Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00
feet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40
feet to a mag nail and the true point of beginning of1lle real estate herein described; thence North 89 degrees
39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of
said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East 1182.55 feet with said East line
to a 5/8 inch mbar; thence South 89 degrees 22 minutes 51 seconds West 504.50 Poet to a 5/8 inch rebar;
thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10
minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less.
Subject to all rights-oE-way and pertinent easements of record.
15
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ENVIRONMENTAL STATEMENT
Re: Park Place
The developer has addressed a number of environmental matters that should
enhance the project, including the following:
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Wetlands: A study was performed by Williams Creek wherein specific
wetlands on the site were identified. This report was presented to the Corps
of Engineers and IDEM. The Corps responded with their confirmation of
the findings and a determination letter as to who has authority on this site
which turned out to be part Corps and part IDEM. Either the existing
wetlands will be mitigated offsite or incorporated into the final site plan in
whole or in part.
Tree Preservation Plan: Existing trees on the site have been identified that
are included in a definitive report showing how they will be preserved in the
final plan.
Permeable Paving: This environmentally friendly material will be used at
some of the entry ways. Permeable paving is a pavement system that allows
stormwater runoff to infiltrate through a porous pavement surface and into
the aggregate subbase material reducing the amount of runoff released from
the developed site and providing water quality benefits through removal of
suspended solids and other pollutants.
Irrigation with Storm Water: Based upon groundwater levels and
retention pond recharge capabilities, the potential for the use of stormwater
for irrigation of on-site landscape and lawn areas will be assessed.
Bio swales: The site will be evaluated for the potential to incorporate bio-
swales into the design of the stormwater management system to provide
water quality benefits. Bio-swales are natural, vegetated depressional areas
that rely on filtration of runoff by surface plants and infiltration of runoff
into underlying permeable soils for the removal of suspended solids and
other pollutants that are harmful to downstream ecosystems and aquatic life.
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Building Materials: Today there have been many advances in building
materials and systems that are more energy efficient and environmentally
friendly. Such things as increased insulation, Low E windows, tankless
electric water heaters, ThermoShield inspections etc. We will incorporate as
many of these items as practical into the design of the building once we are
in that phase.
Garden Plots: The developer has included areas on the conceptual site map
for garden plots. These garden plots are designed to allow residents of this
community to engage in small scale gardening endeavors which should add
a pleasant aesthetic touch to the project and also allow residents to
participate in their gardening hobby.
Cross References:
Qast deed of record)
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
In accordance with I.C. 36-7-4-1512(a)(3) and 36-7-4-615, Guilford Partners, LLC, an
Indiana limited liability company, (hereafter referred to as "Guilford"), is the owner of real estate
located in Carmel, Hamilton County, Indiana, which real estate is described on Exhibit A
attached hereto and made a part hereof (hereafter referred to as the "Real Estate"), and makes the
following commitments (hereafter referred to as the "Commitments") concerning the use and
development of the Real Estate as the Park Place retirement community to the City of Carmel
Common Council (hereafter referred to as the "Council") for Park Place Planned Unit
Development Ordinance.
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Ordinance No. Z-500-06, the Park Place Planned Unit Development Ordinance,
approved by the Council on , 2007 (hereafter referred to as the "Park Place PUD").
Section 2.
reference:
Exhibits. The following exhibits are attached hereto and incorporated herein by
Exhibit "A". Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the Real Estate; and,
Section 3. Def"mitions. Different words and terms are defined throughout these
Commitments and the definitions below shall apply throughout these Commitments.
1. Owner. The term "Owner" shall mean and refer to Guilford and its successors and
assigns. .
2. StorY or Stories. The term "Story or Stories" shall mean and refer to that part of the
building comprised between the level of one finished floor and the level of the next
higher finished floor.
Section 4. Commitments. The Owner agrees and commits to the following:
L That the building to be constructed upon the Real Estate shal1 not exceed three (3)
Stories in height.
2. That the maximum number of independent living units to be constructed upon the
Real Estate shall not exceed one hundred and ninety one (19\), the maximum number
of assisted living units to be constructed upon the Real Estate shall not exceed twenty
(20) and the maximum number of nursing care units to be constructed upon the Real
Estate shall not exceed twenty eight (28).
Section 5. Bindine: on Successol'll. These Commitments are binding on the Owner of the
Real Estate and each subsequent owner of the Real Estate, and each other person aequiring an
interest in the Real Estate, unless modified or terminated by the Council. These Commitments
may be modified or terminated only by a decision of the Council after a public hearing wherein
notice as provided by the rnles of the Council has been made. The provisions of this paragraph 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from the Park Place Planned Unit Development District pursuant
to Ordinance No. Z-500-06, to another zoning classification.
Section 6. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
1. The adoption of the Park Place PUD Ordinance, Ordinance No. Z-500-06, by the
Council;
2. The commencement of the development of the Real Estate in accordance with the
. assignment of the requested Park Place PUD classification pursuant to Ordinance NO.Z-
500-06, as evidenced by the issuance of a building permit and improvement location
permit, or their equivalent, for such development.
Section 7. Recordine:. The undersigned hereby authorizes the Clerk Treasurer of the City
of Carmel to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
Section 8. Enforcement. These Commitments may be enforced by the Council and any
property owner within or immediately adjacent to the Real Estate.
2
IN WITNESS WHEREOF, the Owner has caused these Comriritments to be executed as of the
date written below.
By: Guilford Partoers, LLC, an IndiaIjlllimited liability company
By:
(name)
(title)
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared (name) (title) on behalf of
Guilford Partoers, LLC, an Indiana limited liability company, who acknowledged the execution
of the foregoing Declaration for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this
day of
.2007.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
Prepared By: James E. Shinaver, Nelson & Frankenberger, 3105 East 98th Street, Suite 170,
Indianapolis, IN,46280. .
I affirm, under the penalties of peIjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. James E. Shinaver
Bradlzoning/wlb-guilford\councilcommitments020207
3
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF GUILFORD PARTNERS, LLC
TO REZONE PROPERTY LOCATED
NORTH OF 116TII STREET ON THE EAST SIDE OF GUILFORD ROAD
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-500-06
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 06080036
PUD) of Guilford Partners LLC, petitioning the Commission for a favorable recommendation to rezone
19.55 acres located at north of 116'" Street on the East side of Guilford Road from Rl/Residential to
PUD/Planned Unit Development to provide for the development of a continuing care residential center.
The Cannel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on November 21, 2006, the Carmel Plan Commission voted ten (10) In
Favor, zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-SOO-06 with a
Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-
4-608(1)(4), 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 this Certification (December 4,2006) is Saturday, March
3, 2007.
BV' ' L;1
Leo Dierckman, President 0/2-/
2006-]204; Z.500-06 PARK PLACE PIJ]) CERTIFICATION
Received
DEe - 4 2006
L'urmel
Clerk.l'reaslll't!1'