Loading...
HomeMy WebLinkAboutZ-500-06 SPONSOR: Councilor Sharp ORDINANCE Z-500-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE r 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 Ordinanc(!"), provides for the establishment of a Planned Unit Development District in accordance with the requirements ofl.C. ~ 36-7-4-1500 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 ~36-7-4-1500 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full force and effect from and after its passage, (ii) all prior commitments shall be null (and void and replaced and superseded by this Park Place Ordinance, and (iii) this Park Place Ordinance shall be in full force and effect from and after its 'passage and signing by the Mayor. . Section 1 Applicabilitv of Ordinance 1.1 Zonim(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 tbe 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 defmed 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. 2 \ Section 2 Permitted Primary Uses. The Park Place Ordinance is intended to permit a full service lifecare retirement community that shall provide independent retirement living, assisted living, and nursing care. Permitted uses shall include, ''Nursing/Retirement/ConvalescentFacility'', "Assisted Living Facility", "Clinic or Medical Health Center", and "Hospice" as the sarrie 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 Buildines 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 onwsite 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 Heieht. Area and Development Requirements 5.1 Height and Area Requirements 5.Ha) The maximum Building Height shall be fifty-five (55) feet. 5.Hb) The minimum front yard Set Back. shall be sixty (60) feet from the perimeter boundary line of the Real Estate contiguous with Guilford Road. ~ 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. 5.Hd) The maximum Parcel Coverage shall be twenty-five percent (25%). 5.l(e) 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. 3 5.2 Conceptual building rendering and elevations Attached hereto and incorporated herein by reference as Exhibit "C" are conceptual building images of the propose~ 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 (I2)horizontal to six (6) vertical. The final development of the building depicted on Exhibit "Clt shall be subject to further ADLS review and approval. Section 6 Parkin!! Reauirements 6.1 Parking Reauirements. 6.1(a) Each independent residential living unit shall have one and four-tenths (1.4) covered garage spaces or on-grade parking stalls on site. QJ@ 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. 6.1 (d) There sha.ll be a minimum of eight (8) handicapped parking spaces to serve the site. 6.2 Bicycle 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 shaH 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 LandscaDina: Reauirements The landscaping in the PUD District shall be designed to compliment the architecture of the residential and commercial buildings. Street trees, streetscape plantings, and buffer areas shall be used to bring natural elements to the design pattern, in consultation with the Carolel Urban Forester: 4 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 repetition, 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 shalt be planted according to American Standard for Nursery Stock (ANSl 260.1), and fonowing 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 shaJl 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'ill height when planted. Shrubs sha]] 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 Concepmal Landscape Plan and Tree Preservation Plan, which is attached hereto and incorporated herein by reference as Exhibit "D": however, said trees 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 public 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 5 and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping tbe area free of refuse, debris, rank vegetation and weeds. 7.3 Building Base Landscapint! 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, 1 ornamental tree, and 9 shrubs per 100 1 inear feet of building perimeter. Shrubs, ornamental grasses, or other alternate landscaping techniques may be used to ful.fill the building base landscaping requirements if approved by the Department. If building 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 building base landscaping requirements. Appropriate alternate locations include, but are not limited to: interior courtyards, sidewalks (as additional street trees), parking lots, alleys, etc. In addition, where facades abut the public right-of-way and/or sidewalks span the entire frontage, planting islands may be created within the right-of-way and street trees can heIp fulfill this requirement. 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 of 25 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 unintemlpted 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 strucnlres, underground detention (unless so designed for that purpose), Of within traffic vision safety clearances. However, where the logical 6 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 conceptual landscape plan for Park Place CCRC 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 ~e 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 visible, the following requirements shall apply: 7.6 (a) Lot interior. Minimum of one (1) 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 minimum five foot (5') wide perimeter planting strip shall be provided on all sides of 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 lineal feet (lOOLF) of strip. Perimeter planting may occupy the same space as a required bufferyard and may contribute towards Perimeter Bufferyard Requirements. 7.6 (c) Pedestrian Corridors For any pedestrian corridors, where adequate space exists, trees, shrubs and groimdcover shall be planted. 7 Section 8 Plattine: The platting of the Real Estate into smaller tracts shall be pennitted 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 shal) not impose or establish new development standards beyond those specified ~bove 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 Lie:htine: Reauirements 9.1 Lightin~ Requirements 9.1(a) 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 oflight 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. 9.l(c) Parking area lighting and street lighting shall be ofunifonn design and materials. 9.Hd) Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 9.l(e) Exterior lighting of the building or site shall be designed so that light is not directed off the 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 Sienae:e 10.1 Ground IEntryway Signs. 1O.1(a)IYm!: One (1) Ground/Entryway Sign shall be pennitted 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. 10.1 (c) Illumination of Sign: External. 10. 1 (d) Sign Pennit: Required. 8 10.He)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 Eauipment 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, I Nature ofDevelooment Requirements. The development requirements set forth in this Park Place Ordinance are in accordance with the requirements ofI.C. 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.e. 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 Aoproval or Denial of the Primary 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, eonsidered 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 ("FOP") for the Park Place Ordinance; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the SP andlor FDP that is in substantial conformance with the development plan/primary 9 plat and is in conformance with the Development Requirements of this Park Place Ordinance. If the Director disapproves any SP or FDPt the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the SP and FD P for a hearing before the full Plan Commission. 12.2( c) An amendment to the SP or FOP. 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 determines 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 Directorts 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 Directort which shall include reasonable detail regarding the facility and structures to be constructedt as well as drainage, erosion control, utilities. and building information. 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 of this Ordinance: 13.1(a) The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 13.l(b)Words used in the present tense include the past and future tenses, and the future the present. 13.1(c)The word "shall" is a mandatory requirement. The word "may" is a permissive 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. 10 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 CarmeVClay 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. I. County: 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. Masonry: 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 ofless than ten percent (10%) of the plan's total area or approved materials. 11 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-Way: An area of land 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. fugn: 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. Section 14 Violations All violations of this Park Place Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. , .Iv. PASSED by the Common Council of the City of Carmel, Indiana this J q ~ day of ~ ~~_, 2007, by a vote of lD ayes and I nays. 12 COMMON COUNCIL FOR THE CITY OF CARMEL ~~~ P#Siding Officer ATTEST: . j).0.~ Brian D. Mayo Of~oseD Mark Rattermann lliChMd&~ j. Presented hy me to the Maynr nf the City of Cannel, Indiana the I q+io- day of ~~ ,2007, at -r: 0 ~ O'clOCk.. P.M. Diana L. Cordray, lAMC, Clerk Tre ""'. Approved by me, Mayor of the City of Carmel, Indiana, this -.:;r~, ,2007, at -,: o! o'clock ~.M. ~ I q day of ~ ($~ J#es Brainard, Mayor 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 14 _____1 EXHmIT "A" Lel!al Description LEGAL DESCRIPTION Situate in the State of Indiana, COlUlty of Hamilton and being a part of the Southwest quarter of Section 36, Township 18 North, Range 3 East of the Second Principal Meri<lim\ 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 Eas~ 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 of the real estate herein descnbed; thence'North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch re'Qaron 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-of-way and pertinent easements of record. 15 K;l,hrld\Zo.W;g;" Il01l Y..l.'~ arlaClrn\W)"lr',.cPlt[or-d P.rtQCtl C.nDtr~D Clean 110106.aJ1C! I H a a -..- =if-" IIlCEI'ENDENT LMNG APNmoIEHTll ~. . PlepatrJdFcr. -(lrwJ - Guilford Partners, LLC 111656 Brownstone c-rt Westfl.ld. In. 46074 .hl (317)8tr104132 . Fma (317)86704185 CONTACT: Mr. Wayne Beverage ~ ;~~ ~:~:::,.:l:::. ~ .... ".- ......1VlI ~o ~ _ '50 2001 ~"""'"I...- . . HClIlRCIlTAL 5CAl,E, "-lll11' /'repBJe(J By: II~ l. I ~ 12 r lti !~ "' =tl2-wr-'-- SHEeT .1 UJn/OX rNa (12'"W) (I .J'IlI'MliDJfD g_ I I. CONCEPT S/TE PLAN IrN PARK PLACE CCRC [,r.t) . '" o.o.TE: 01-D007 21: l) 5 ~ t!1 == ~ ~ z: " = Ii to- = m Ii .:- r: f! c ., 2: ;: :; .l- = ~ ! III Q ! ; '" i i= TYPICAL INDEPENDENT LIVING APARTMENT WING CHARACTER ELEVATION ...........- - _.ss.......!S TYPICAL INDEPENDENT LIVING APARTMENT WING CHARACTER ELEVATION Park PI RDg... Schutte Wllscam Birge .\....."""".a....... October 6, 2006 '-',-~.' ; ...,...-.-........-;.... " 'r..~ - il:!!! ......., . -."~-. I. ".\ ' .. H::~ iH: :/"i '-'.~.~ , / ~ / i a..L WI.! l'/(C1CY , .I ~~T~ .. . KAIiIIlAIIL.f.. 1'U1"*ED ...... JC . ..~ _ ....__i-A~:~MlDMl...~n.OE~. ..OR LandF(J~, Ltd. Urd~J" . PWvlIllJ . s.&r r'f:NP' -....-.-.~.-- m_ . ---~ ......--. --=-....... --~....-. . -..:.,.. ~..... :-1" acn QIWlI.' mE ecn__ ...-- - ., 50 -..- -- lIP " 'M" ......- ...... en. ..... . ,M" -- ........ ---- ocr .. ,~ --- --........ ... ,,, ,~ -- -- ~ LEGEND @ BHADE TR~ e: ~U""'AA 'TReE Q E)f'UtGRUN TREl! ~ ~"T..L TRee. t::3::( . ......Ue.. M " "".1' NW....--........ I N tl! ,'I.....,.~~ QII.. 41'l!li. ~~. :':"11 ;; I ~"I =::.,."";::,. I ::",' ,~ f ~". ==-..=. I tatfI ~ r ........ c-. CONCEPT LANDSCAPE PLAN !Dr PARK PLACE CCRC -... ... ...... ..... ..... ... ... I.: e,... --... W...c. ---- --...--. .....,.. ant............. i~ I, J; Pf9ps.'Pl1 Frx: G_ r--. LLC 1.............. C4MIrt _......~4 - '''71'8>'''22 FILe .a'lT)Bn....,a5 COOITA<:T, ........I..~. ~-- .................... ...........-..-.... -- -- --- ---- .............,~ ~................. ... ... --- --- --- -- -.... -- .....-- -- -- i23C.-- ~~~ ~n '.Dr SI1(FI ~! i... ~ I' I: r- .. .~ ~ () a:: u u .. .. 1;1 " .. " I ~ ~ ~. '- , , ( " t <: 11 , ':ii i)) 'h:., :g: ~!i im .~...... :5u: i!~~ '-"-' ) " " 'i ~ ~I ~8 ~: ~~ :.: ~ g::; ~t; h ~ ; l~~=! ~ tl~~~~ ~ i ;-!li:~ I i 'fae~ 15!tl!S &. i " . .. . ~.'j: 1"'( i ,I ii' .) ~ . it : ... ..- f ~ d i~ i 1 : ~ II, !i!i i ! Ii Wl~ ; ." .n if I il II ~ }lllfHi1li J ii lil~ - .' . 0 II 01.1 ~ r. E . . ~ ! = . ~ J ~.r ~ ~ i"' ~A 'i~. : .\ ~. ~ t! . ! ... 51 Q . cI . t"Ti . h . II II f ; il!. ; .If ~H! M ifll ... it.. c... .1.. I ~ i~ ~" - S in ""!';-liit j . ~ '~~'. i'2.\1 ~ fj ~JA ,% l!..~r I ~. f'':' I ii .;;~ '.wi i'= . !~ == i{' tal :::: 2! . j j~ ~l I, . i f~ }' t' i ~ I"~' I I LH H Hi ! p~ P l HIH ~ : njl,. W J ,. J lib .. II l lIlt I I ~ : buill! h!{i JII i Wi ~ ~! ! hh t e I . Hid HI II/Idi: H nUl j I ~. lilsrl1'i .f !I~ ~ I { th'H I I ~, ~ llil~il{h l'ti!lll ,'!,III ~j1h! ~ 1 ~. . It hH 'It. .,t 1+.11' ~: it .m1flJ-J dU(t' Hhi 1!f~l!h h ~' l'~ t~lil '.It 1111' hW ~}lmu .. Ii ~ II III !l!!lli l!lhlil!I:!lllhllllll '. I ~ , ,I ,I .11 ", . I, : f. · , t'lflf!! I-IIIll'jll I I !lu11UI hJ JUHHl III hui 11 tfJ,'f I I felj-t;t hi'iI i' 11U HI' 111 h.U11!1 Hili i fl1 III !li!IIliIII!!lifrl,1 I lii1ilj! Ilfl pllil~ Iii illll i 'lll~ I Iii I ilil!llll 1111!IIIl !! I 111!ili!. I llli illll:lll I 1111 lillI, I III 1IIIi I i.. S.. - I.." A. " ~ ~ j.;;; ~ it U U ~ ~ U CJj U ~ LU 0:(.. U C/) ~ ::s ~ :-=c 0.. ~ ~ ~ ~ M-! ~ <( 0.. (j C/) ~ S h "1' '. ill-II" . I III I nil J f iiHfllhHI ril II 'tlli hI t HI; j J i IjifflHihl 'ih fl,' Ih! t .0' II 'U 1 U I i.11Ui ~II! lj 1 ~h I If'~ h 11 It I I l Ii.' j~ l~t4ln~lhUt tt!l i I!. IllJ, ,Ii U I!' i '5 I ~ 1 il.lllb'lh JIll! 1111 hIt 'II' fl :tfu : )11..1'11 fl:JJlilfhn a 111"1 rfflll'I~}f I:' lllhH l II I :oJh u:Hn I :1 J I ~~ : j oj " ,I Iii . ill I II ! Iii Itl ~ it I II, ftS r 11 1 . tl: If 1 I f' ! I It I II. t (f J fill It11 lJ iAI I i lill II~f II !II 1 J ~ .. .1 I ~ ""t I i 'S,~!, i i Ii':! III i i itill Iii t~1 ~ls, }! .1 it <.11 ,~~~ I'jf ! i Il1ft I'i -JJ I} r ! 1I1I j; ,; Ii 11.,\ I Ji'l f II Illil Iff I'. I,'l !\ 1111111 I illl; !111! Il:I:!111111 II!jll I Ii II ill'lli . lill I ill IIII i IU ! !! ii I, If Ii !.j f ~ h '1 );! I . IIH ~ lu hJ~ a i:! U ," " ". ~- I" 5- ~ flt ci u .. u 10 :l ....... e {la==_ ~ ~I~~i.l J : ii~~:~ t. ..... ~illH~ ~.. ~ o u f I I 1 f I ' I I r I 1 I I 1 1 I I I . ENVlRONMENTAL STATEMENT Re: Park Place The developer has addressed a number of enviroqrnental matters that should enhance the project, including the following: Wetlands: A study was performed by Williams Creek wherein sp~ific wetlands on the site were identified. This report was presented to the Corps of Engineers and IDEM. The Corps responded with their confinnation 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 odncorporated 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 1s 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 stonnwater for irrigation of onMsite landscape and lawn areas will be assessed. aio swales: The site will be evaluated for the potential to incorporate bie- 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. I I " I r 1 , f f I I I I I t t I f l . . ~'.... 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, ThennoShield 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 includ~d 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. I Cross References: (last deed of record) COMMITMENTs CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE In accordance with I.C. 36-7-4-1S12(aX3) and 36-7-4-615, Guilford Partners, LLC, an Indiana limited liability company, (hereafter referred to as "Gui1ford'~, is the owner ofrea1 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 commwrlty to the City of Carmel Common CoUticil (hereafter referred to as the "Council") for Park Place Planned Unit Development Ordinance. Sectionl. Cross Reference. These Commitments are made in connection with approvals obtamed under Ordinance No. Z-500-06, the Park Place Planned Unit Development Ordinance, approved by the Council on . 20~7 (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. Definitions. Different words and terms are defined throughout these Commitments and the definitions below shall apply throughout these Commitments. 1. ~. 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: I: That the building to be constructed upon the Real Estate shall 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 (191), 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. Bindinl!' on Suc:cessors. These Commitments are binding on the Owner of the Real Estate and each subsequent owner of the Real Estate, and each other person acquiring an interest in the Real Estate. 1.U1less 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 rules of the Council has been made. The provisions oftbis paragraph S 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..SOO-06. to another zoning classification. Section 6. Effeetive 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-S()()..()6, 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 pennit and improvement location pennit, or their equivalent, for such development. Section 7. Reeordinl!. The undersigned hereby authorizes the Clerk Treasurer of the City of Calme1 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 Conuiritments to be executed as of the date written below. By: Guilford Partners, LLC, an Indiall~ limited liability company By: (name) (title) STATE OF INDIANA ). ) SS: COUNTY OF ) Before me the undersigned, a Notary Public in and for said County WId State, persoually appeared (name) (title) on behalf of Guilford Partners, LLC, WI 1ncHana 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 perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. James E. Shinaver BradlmnloWwlb-guilford\councllcommltmaltS02.0207 3 CERTIFICATION OFTHE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF GUILFORD PARTNERS, LLC TO REZONE PROPERTY LOCATED NORTH OF 116TJ1 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 1161h 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 Cannel 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(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective oas Certified by the Commission. Ninety days from the date of this Certification (December 4,2006) is Saturday, March 3, 2007. Received 200(,-1204; Z.500-{)6 PARK PLACE PUD CERTIFICATION DEe - 4 2006 Carmel Clerk. Trf!iJSllTe1'