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HomeMy WebLinkAboutApplication Page 1 of 1 'W-'#::,T Holmes, Christine B Holmes, Christine B Thursday, August 31,200610:00 AM Mast, Darren (dmast@carmel.in.gov); Brennan, Kevin S (kbrennan@carmel.in.gov); Weddington, Trudy A.; Blanchard, Jim E; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Dolan, Veronica A; Griffin, Matt L; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W; Mindham, Daren; Ochs, James A; Ryg, Karyn; Schriner, Adam J; Stewart, Lisa M; Tingley, Connie S Cc: 'Wb4946@aol.com'; 'Jim Shinaver' Subject: Docket Nos. Assignment (Rezone): Park Place PUD (06080036 Rezone) From: Sent: To: I have issued the necessary Docket Number for (Rezone) Park Place PUD. It is the following: Docket No. 06080036 Rezone: Park Place PUD. Rezone Application Fee: $ 802.00 $107 per acre x 19.55: $2,091.85 Total Fee: $2.893.85 Docket No. 06080036 Rezone: Park Place PUD. The applicant seeks rezoning approval for a 19.55-acre parcel, currently zoned R1, requested to be rezoned to the PUD classification to provide for active adult residential development. The site is located north of 116th Street, on the east side of Guilford Road. Filed by James Shinaver of Nelson and Frankenberger for Guilford Partners LLC Petitioner, please note the following: 1. These items will be on the September 20, 2006, agenda of the Technical Advisory Committee (TAC). 2. Mailed and Published Public Notice needs to occur no later than Friday, September 22,2006. Published notice is required within the Indianapolis Star. 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than NOON, Friday, October 6,2006. Failure to submit Informational Packets by this time will result in the tabling of the petition to the October 17, 2006, agenda of the Plan Commission. 4. Proof of Notice will need to be received by this Department no later than Noon, Friday, October 13, 2006. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. These items will appear on the October 17,2006, agenda of the Plan Commission (under "Public Hearings"). 6. These items will appear on the Tuesday, November 2,2006, agenda of the Plan Commission Subdivision Committee. Mr. Shinaver can be contacted at 317.844.0106, fax 317.846.8782. Christine Barton-Holmes Planning Administrator Carmel City Hall One Civic Square Carmel, IN 46032 (317) 571-2425 8/31/2006 !\j , 0,.. u PETITION TO CHANGE THE OFFICIAL ZONING MAP II INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE - REZONE APPLICA nON - $802.90 plus $107.00 per acre (PUD $2595.00, plus $107.00 per acre) Date: Docket No.: . Name of Owner: Guilford Partners. LLC c/o Mansur Real Estate Services, Inc. Owner's Address 135 N. Pennsylvania Street, Suite 1300 City, State, ZIP Indianapolis, Indiana 46204 · Contact Person Name and Company: Wayne Beverage Contact Person Phone, Fax, Email: 317-867-4132; (cell) 317-431-1659; (fax) 317-867-4185; WB4946@aol.com Contact Person Address: 16656 Brownstone Court, Westfield, Indiana 46074 Deed Instrument # 200500075776 . Record of Ownership: Deed Book: Page: Purchase Date: 11/21/05 Phone No.: Q!lJ 464 - 8255 Fax No. U11J 464 - 8202 . Legal Description (Use additional page(s) if necessary): See Attached · Common Address of Property Involved (or General Description ifno Address Exists): · Tax Parcel ID Nos. 17-09-36-00-00-054.101 · Proposed Zoning Change: From the District to the District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. . Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary): Revised 0 I /06/2006 z:\shared\forms\PC application\rezone.app W ~cy @q., ~ ~,- cf? ~~ o o AFFIDAVIT (I/We), being duly sworn, depose and say that (VWe) (am/are) the (owner(s)) of Fifty Percent (50%) or more of the property involved in this application and that the foregoing signatures, statements, and answers herein contained and the information herew~itted are in all respects true and correct to the best of (my or our) knowledge and belief. ~ Cornelius M. AliS Signature (typed or printed) 135 N. Pennsylvania Street. Ulte 1300 Address Indianapolis, Indiana 46204 City, State, ZIP The applicant, correspondent, or agent (if different from owner or owners) Name Name Telephone Telephone Date Date State of Indiana ) County of Marion ) SS: ) Before me the undersigned, a Notary Public for Marion (officer's county of residence) County, State of Indiana, personally appeared Cornelius M. Alig (name ofperson(s)) and acknowledged the execution of the foregoing instrument this 10th day of August ,20J!L. My commission expires: 09/18/08 KIMBERLY LYNN CAGANN Notary Public SEAL State of INDIANA fERM EXPIRES SEPT 18,2008 ,-. /~ \,\? ~ ~ '\, {i} ,ct:>' ~ ~::& & ~ ~ o o II COMPREHENSIVE PLAN STATEMENT The Petitioner is seeking to rezone real estate which is currently zoned R-I. The real estate is located adjacent to Guilford Road. Also, immediately surrounding the real estate and nearby the real estate are parcels that are currently zoned 1-1, B-2, R-4, M-3, as well as parcels that are zoned PUD and permit higher density residential. According to the Comprehensive Plan, the real estate appears to be designated as low intensity regional/commercial employment area. This general area is also designated on the Comprehensive Plan as the edge between residential community and community/regional employment areas. The proposed PUD seeks to develop the real estate as a lifecare retirement community that can serve as an appropriate transition between the current land uses that surround the real estate. H:\brad\azoninglwlb/guilfordlcompplanstmt. ~. /~ W .~v l~... ,.... (Sf "0\. 4P r~ ('~ ,~ ~ ~ <::s 08/10/2006 07:11 WLBASSOC PAGE 04 3178674185 o l-f:Ami1t()n CO., IN' ~ Online Rep('''1~ u Page 1 of 1 . . .' , ,i"-0~~--~':;{rif.~ ( . " I l , \ I I f l d 1 '\. ,.', .... ,_ ;, ~,';1"1~;.J - '....... ... . " 00 "~A . ~. ...".,,,......, \'" ';:rl"'l I ~ , '~"':II"'~\" I' " ( I '-" - . I I \" . ~I--j , :\ . ~ ., 1,-." .,- ~ .. , OnDne St Parce/Informatlon Report ~?i_tVJM ~_rdI ~~.;!."'<iI;_I~~~~~:Jli3!:~"!ll!iil1iijjij;J;iI.~i~;~~~'~"';:..ii ,~D :~~ . . ., I.'. ft) 'I'l~~" ',tr.Tt 1f::l~rl~~~II:'JaIIii..,~EtiJfJilf.t~.I"~:II!~~-P.!fI!Ml~::. . . . . ,.~., :.. - . .... 1 .t', ~.. 0' ,~I' ... .-.--."... ~ ,1 !~l;rio~...~ I . 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'N~c'\J &~t:? ~!i5S:S ~ ~ 08/10/2006 07:11 . . 3178674185 WLBASSOC PAGE 07 o o Situate in the State of Indiana, County of Hamilton and being a part of the ISouthwest quarter of Sedion 36, TowDship 18 North, Range 3 East of the Second Principal Meridian, more partieularly described to wit: Commencing at a 5/8 inch rebar marking the Northeast comer of the West halti of the Southwest q.arter of S<<tion 36, Towllship 18 Nordl, Ibmge 3 EMlllt; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half quarter; thence Soutb 00 degrees 10 minutes 31seeonds East 771.40 feet to a mag nail and the true poin.t of beginning of the real estate herein described; tbence 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 balf of said Soutbwest quarter; thence South 00 degrees 14 minutes 34 sec~"d$ Ea.~t 1182.55 feet with said East line to 8 5/8 inch rebaI'; thence Soutb 89 degrees Z2 minut." 51 seconds West 504.50 feet to 8 5/8 inch rebar; thence North 67 degrees 02 minutes 29 8etnnd~ W...t 244.32 r~t tn a mAg nAil; tllen.... North 00 degrees .10 minutes 31 seconds West 1088.40 to tbe poiot of beginning, containiog 19.55 acres, more or less. o u NELSON & FRANKENBERGER A PROFE~SIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLESD.FRANKENBERGER JAMES E. SlllNA VER LARRY 1. KEMPER JOHN B. FLA IT OF COUNSEL JANE B. MERRILL 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, INDIANA 46280 317-844-0106 FAX: 317-846-8782 www.nf-Iaw.com August 18, 2006 Matt Griffin City of Carmel - Department of Community Services One Civic Square Carmel, IN 46032 Re: Guilford Partners LLC Park Place Rezone Application to PUD Dear Matt: Enclosed please find the following: 1. An original and one (I) copy of an Rezone Applciation; 2. Two (2) copies of the proposed PUD Ordinance; and, 3. Three (3) sets of plans and drawings pertaining to this submittal. Please assign dockets numbers to these matters and provide to me the required filing fee. Thank you for your assistance in this matter and contact me with any questions. Very truly yours, NELSON & FRANKENBERGER CDFlbd Enclosure H:\bradlzoning/mhelI16streetlgriffin081806 w~,:~. <& c\; ~ ~~ t? ~~ -/../' PARK PLACE WETLANDS SUMMARY Guilford Partners, LLC has previously retained Williams Creek Consulting to perform a Wetlands Analysis of our CCRC site on Guilford Road, Carmel, IN. Their fmdings and recommendations were subsequently sent to the U.S. Army Corps .of Engineers to obtain a jurisdiction designation and to receive confirmation of what is and what isn't wetlands on this site in accordance with the defmitions adopted by the Corps. 41 A determination letter was received from the Corps confrnning the Williams Creek findings and establishing the portion of the site that would remain under the jurisdiction of the Corps. With the Corps letter in hand, Williams Creek then proceeded to share their report and the letter with the Indiana Department of Environmental Management (IDEM) to also get their confrrmation of the Williams Creek fmdings and their acceptance of the balance of the site from a jurisdiction standpoint. A letter from IDEM is - )now in hand confirming the above. The next step is to either 1) plan to accommodate all or a portion of the wetlands on site or 2) contract for offsite mitigation. There are a number of mitigation sites within milton Count than can accommodate the approximate 1.2 acres of wetlands mitigatiOlT. It is a matter of economics and site availa 1 Ity at this point. We will need to resolve the final boundaries of the legal drain area with the Hamilton County Surveyor's Office before we will know how much land we might have available on site to accommodate all or a part of the wetlands mitigation. The final decision regarding the mitigation plan would be included as part of the ADLSIDP approval process. However, at this point in the rezone process, we have a frrm handle on the wetlands issues and the available means for mitigation. U D w. U D U U D U U U U U D U U U U U ENVIRONMENTAL STATEMENT Re: Park Place The developer has addressed a number of environmental matters that should enhance the project, including the. following: 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. Dio 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. o [J u. D o D U D U U D D D D D U D D U 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. j; ., Sponsor: ORDINANCE NO. Z- PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT 1 .' Sponsor: ORDINANCE NO. Z- 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 ofI.C. ~ 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a 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 S36-7-4-1500 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 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 connict 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. 2 1 ," 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/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 Accessory Buildings 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. Satellite dishes to provide service to the residents shall be permitted. Section 5 Height. Area and Development Requirements 5.1 Height and Area Requirements ~ The maximum Building Height shall be fifty-five (55) feet. llO2l The minimum front yard Set Back shall be sixty (60) feet from the perimeter boundary line of the real cstateReal Estate contiguous with Guilford Road. ~ The minimum side yard Set Back adiacent to the northern and eastern property line of the Real Estate shall be seventy five (75) feet and the minimum side yard Set Back adiacent to the southern property line of the Real Estate shall be fifty (50) feet. [ lc 2J@ The maximum Parcel Coverage shall be twenty-five percent (25%). 3 J' 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. 5.2 Conceptual building rendering and elevations Attached hereto and incorporated herein by reference as Exhibit "c" is a conceptual building image 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, hardi-plank or hardi-board, or the equivalent thereof. Secondary building materials shall include, but not be limited to, wood, cement plaster, fiber-cement board, hardi-plank and/or hardi-board 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. ~ Each independent residential living unit shall have one and s*four-tenths (1.61) covered garage sraeespaces or on-grade parking stallstalls on site. QJ.Q;U 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 shall be a minimum of eight (8) handicapped parking spaces to serve the site. Section 7 Landscapin!! ReQuirements f 7.1 Planting Standards. Lahdscaping shall be installed pursuant to ANSI Z60.1 Standards and shall be ibtegrated with other functional and ornamental site design elements, where approp~iate, such as hardscape materials, paths, sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one-half inch (2-1/2") Caliper at the time of planting, unless ;otherwise specified herein or otherwise indicated on any 4 J" conceptual landscape plan, submitted in connection with the ADLS process. Evergreen trees shall be a minimum of six feet (6') in height at the time of planting. Shrubs shall be eighteen (18) inches in height at the time of planting. All trees, shrubs and ground covers shall be planted according to accepted horticultural standards. 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. Plantings should be designed with repetition, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. 7.2 Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with this Park Place Ordinance. This is to include, but is not limited to, watering 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. The building base landscaping adjacent to the front elevation of the proposed building shall include a minimum of ten (10) shrubs for every fifty (50 feet of lineal building frontage and said shrubs shall be a minimum of eighteen (18) inches at the time of planting. In addition, sixty (60) shade trees, 21/2 inch caliper at the time of planting, shall be planted around the proposed building and/or at an alternate location on the site. 7.4 Street Trees. Any street trees to be planted shall be 2 Y2 inches caliper at the time of planting, and shall be installed per City standards. Further, no street trees shall be planted in conflict with any storm sewer or other utilities and/or underground detention. 7.5 Perimeter Planting and Bufferyard Requirements - 7.5(a) Perimeter Planting and Bufferyard Requirements The following standards shall apply: a) Types of Plantings - Plantings within landscape buffers shall consist primarily of shade trees and shrubbery, however, wherever possible, existing vegetation within buffer yards should be preserved. b) Time of Planting Bufferyards - Bufferyards shall be planted at the time of construction of 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 of storage areas loading berths, trash and refuse containers and so forth from abutting residential. 5 7.6 Parking Lot Landscaping 7.6(a) Interior Landscaping A minimum of one (1) shade tree and ten (10) shrubs shall be planted within each parking lot for every ten (10) spaces provided. Planting areas shall be evenly dispersed throughout the parking area. 7.6(b) Parking Lot Perimeter Parking A five (5) foot wide perimeter planting strip shall be provided along all sides of which abut adjoining properties. 1. The minimum required planting unit for this area shall include: three (3) shade trees and twenty (20) shrubs per one hundred (100) linear feet. 2. The perimeter planting area may contribute to or fulfill bufferyard planting requirements. 7.6(c) Pedestrian Corridors - For any pedestrian corridors, where adequate and sufficient space exists, shrubs and ground cover shall be planted. Section 8 Plattine: 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 Lie:htine: Requirements 9.1 Lighting 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 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. 9.1 (c) Parking area lighting and street lighting shall be of uniform design and materials. 6 ~, . 9.1(d) Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 9 .1 (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 Shmaee 10.1 Ground /Entryway Signs. 1O.1(a)~: One "(1) 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. 1 0.1 (c) lllumination of Sign: External. 10.1 (d) Sign Permit: Required. 1 0.1 (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 EQuiument 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 Auuroval Process 12.1 Nature of Development Requirements. The development requirements set forth in this Park Place Ordinance are in accordance with the requirements of I.e. 36-7-4-1500 et seq. and are expressed in detailed terms as provided under I.e. 36-7-4-1509(a)(2). 7 l.- i Further, as permitted under I.C. 36-7-4-1509(e), the 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 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, 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 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 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 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 incluge reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information. 8 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. 13.1 (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. D. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a tlat 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 CarmeUClay 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. 9 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 of less than ten percent (l 0%) of the plan's total area or approved materials. 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 10 "~I . 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 of ten 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. PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2006, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Richard L. Sharp, President Pro Tempore Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Ronald E. Carter ATTEST: 11 .. ,'. . Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the _ day of ,2006, at o'clock .M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this , 2006, at 0' clock _.M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, LAMC, Clerk Treasurer 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 11:lbradlwlb/guilfordpartners/Pl!DDraft08 I 89ilPUDDraft21 02506 12 , .. J . EXHffiIT "A" Le2al Description 13 c-- NE of 116th St & Guildford Rd - Park Place PUD .' .. ,....,.. ....- ---- -- I . ... '.'-.-,' . ~.....:....", '--~ '- . -----<.(. .." [trIJ I :a l:" .1 .PrfJparod For: G~ilfo~ Partn~s, LLC 1e656,lkownst~ne Court Wesifield,ln.'4C>074 .' Ph2 (317)8$7.-4132 . F8JQ' (317)867'4185 COONTACT:WAvNlE'PEVERAGE' -fE- -If- '1..-.0 [ire ~NNOX 'FRACE .LE(3.gND,. a ~~DE..:rB~- e .RQLl,1.MNAa_TREE~ Q .~ER.G~.,TB.E.f:' Q .P-RtlIA>.MeNTAL-TRe.e... ~ ...iit:m1lB.S. - ~_ I \ ...~ ..\ ~ i.. ~~ ~~ ~~ ~ --- -If- ..;::.-- ...- n-n 1 I I" 2~O' BuFFER ZONE .... 24-VW b COMMON~ BowhaII Red Meple . AuIuJM BIam MellIe Red Oak . Bald eyp_ Black HIls Spruoe Colorado Blue ~ Autumn llrilIance Bervlcebeny HeriIage Ri.......1llrcIl (eIngle stem) .I..........CONCEPT LANDSCAPE PLAN . . for . . . PARK PLACE CCRC \. P8.ANTSC~EDULE - BUFFERYARDS , KEY QU.AIlI SIZE SOTANIc:AL NAME ;.s AF QR To PGD PPG AG 8N ~. At:er lUbnlm'BowhaII'. .2". At:erfreemanll'Jeft'or8Ied' '2W' Quercus IIIbra 2W T8llIldilm'-dlslichum 11'. 'Plcea glauca'Densala' '8' ~ pur.s-glauca 1w~gmndifloai . :r 8elIlIa njgIs 'Cully' 36 10 13 . a1 . 14 6 10 25 . ~ --- . -II- .. - t?~ -i='" ~ - --+.-- 1 ~ -_..~ -4=- -i= ..l!L ~ 1REe PRESERVAllONAAEA .'\ KEY QUAM.-. SIZE. fllG ~ ,. /' ~J l t"'4 I~ vw UP MRJ Bel' JH n~ 24 23 8 64 112 6"-<< 1$S. 11i. is" 24" BOTANICAL NAME ..COMMON NAME ._~~~' ..~Vjl>ur.num MaIU8 'PrairIfile' PteiriI"... Crab . Makis'Red JtswiI Red JeWll Crab .. BetIleris .'CIII\1eqti PigrtY Crimscri Pigmy Ba1beny Junlpelus 'H<l9hes' Hughes Juniper -It-::" 1~j AG :J .~ - DUKE ENERGY --- --- LandF6~s', Ltd. Land Analysis. PlaniIlng . Site Design 3626 East7&lb. Place .1IldI8aOpolI$.1II48240. .117_~ NOT TO SCALE Prepared By: 11111_ ewm.Medlwmt. ttcIrdbIIloIl" lIIoP. me. .~~~~ ~7~ 'FoI:S1H1U1'J1 M. f;: .. X' I V -I ~ .108 10.. lOOI-llllS . ((.er ~ ("1 . DA'JE: ~ SHEET 1 \1. "Z - Dto '-'-- . 8e\ect_ to lie'pIaaled"~to build&.as, In common spacee and parking .- . Bowhab Maple . Colorado Blwt Spruce __ IlIaze Maple . CellfatIan Crab _ LellacY SUgar lII.apIe . DaYld Crab . imperial Honey LocUst . PlairiIIre Crab . PJramidal Eu""""", Hornbeam . Red Jewel Crab . Red Oak . MIIODCIacIii Crab . SterlIng SiIWr UIlden .Winf8rldngHawtllom . BlacI< Hills Spruce L Prepared For: Guilford Partners, LLC 16656 Brownstone Court Westfield, In. 46074 Ph: (317)867-4132 Fax: (317)867-4185 CONTACT:WAYNEL.BEVERAGE ~ :J Z 3 .. ~ i:!t~~1" iil1i~!;;"N 513~:~m ;~,.,jii ~~2i~~ ll~ moo ') ~31 , , ~- --- .-+- --r -:-- I .,.,-"-- --- /1 / 3s- - - ---1 -I- I: I ---~~) / .~ /' /' /' ---_/ ~~ ~i~ il~ Il!~ i..ti ~~5 l'l~ ~ " 15 ~~ ' ..~ ~~ ";1 ~d I ~ ~ ~- ~- / GARDEN PlOTS ODD ODD INDEPENDENT LIVING APARTMENTS wet : I / I I \ \ " \ , J I , \ I , I I....,) //~WI~ .... INDEPENDENT LIVING //~ APARTMENTS . _~ ~i~#::::~tjj;j:::U:~:j::;,~;j:jD30*;;~%t::;(j:'(;;~~i: o 5'WAlK ~ INDEPENDENT LIVING APARTMENTS, RETENTION BASIN ",~ -_/ --------' i t r ! I J f ..................... ......... ......... IJl!:Ul:lt.'ll'tJSE.ASIlIW.T.P"l.oI ................................. ...................... .............. - -----=---=-_._.._..__.ROP.45'1I2Ri'W"'PERCARMEr- - - - - - - - - - - =="~"~I~'"'' . s'i"JTlll\l\' \ LENNOX TRACE o I 50 110 150 200 I [12"W] [12"W] [12"W] \ [lZ"W] [12"W] ~ [12"W] ~ r~ ~13: ~h ~~lil S::la( ollie U~ -I HORIZONTAL SCALE: 1"=100' Prepared By: 1iI1II_ DATE: 11.{l2.{l6 TOJfNHOJlES AT WiLFORD CONCEPT SITE PLAN for PARK PLACE CCRC Evans. Mechwort. Hambleton & Tilton. Inc. Engineers. Surveyors. Planners. Scientists 7400 N. Shodelond Ave.. Indianapolis. IN 46250 Phone: 317.913.6930 Fax: 317-913.6928 SHEET M C M X x EllHa:T JOB NO. 2006-1816 Q-e.c.. \. v 1 \ 1- 7 -Ole J "J 'I l I ~,,- ".. .. --.. \, '" .M ... w i i :r . .., .j . . ~ Q::! . - s e I ~I ~ ~I! ~ ~~h~ ~ II~~~~ W' ~ ! I~~ lo. .0 z o F < u o ...J 1:5 I!! 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"" <l. 0_ I >- ~ <( c ::> o m ~ (7j >- C ~ en .~<. ~ (ee'd 1I- 2-0(0 Master Bedroom 12'-10" x 16'-6" Living 15'-7" x 15'-0" Kitchen 9'-5" x 11'-5" Dining 10'-2" x 11'-5" ~ Den 12'-4" x 10'-8" Bedroom 12'-3" x 12'-4" BalconylPorch I Two ~ Regal ~ o .. & _ Sa. Fl SCALJ!: W"-l'.O' Floor Plans are subject to revisions. ; MM1ER ~ r:NY'rS!I-6" QBI ~ I2l/lIItIi fHhJNI. .LMIl 154'\d4'6" ~ J/N'\d14O' ~ rz.<NI'4 @ ~9 BED~M WI DEN , " I3IIIl!& ~ MAI!I1Bl ~ S'5'lcI!PoQ' tWO. CD ~ BED~~M CORNER BedroomIDen 10'-4" x 13'-4" LivinglDining 12'-9" x 15'-5" Bedroom 11'-0" x 15'.5" c Two Bedroom Traditional 880 k Ft. ~ o of /) SCALI: lIB" -I' - 0" Floor Plans are subject to revisions. III01.IDIf LMM!imtNINS U'-6'ld2'-ll ~ @ ~~~. BEDR<>2~ JIiI2I!A2f ~ ~ IlNJ'ld6'6' CD ~~. BEDR~~ .. lMII!iDlIIN& SEltfI o ~l?IO 60151. -j> - -.. Sponsor: ; \ \ ORDINANCE NO. Z- PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT f/ ",/''--''-'1' ,'/ lltc;~to , I ' A/JG,? I fJ \ tf006 . \\ Docs \, 1 .j Sponsor: ORDINANCE NO. Z- 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 "CarmeVClay Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. ~ 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a 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 Applicability of Ordinance 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. 2 Section 2 Permitted Primary Uses. I 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/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 Accessory 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 on-site sales office and/or sales trailer shall be permitted. Section 4 Communication Eauipment. Cell towers shall not be permitted. Satellite dishes to provide service to the residents shall be permitted. Section 5 Heieht. Area and Development Reauirements 5.1 Height and Area Requirements 5.l(a) The maximum Building Height shall be fifty-five (55) feet. ~ The minimum front yard Set Back shall be sixty (60) feet from the '1, perimeter boundary line of the real estate contiguous with Guilford Road. "..~Il. ~ The minimum side yard Set Back sban be seventy five (75) feet.~ ,. J tJ 5.l(d) 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-eight (28) assisting living units, and twenty (20) nursing care ,units. 5.2 Conceptual building rendering and elevations Attached hereto and incorporated herein by reference as Exhibit "C" is a conceptual building 3 image 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, hardi-plank or hardi-board, or the equivalent thereof. Secondary building materials shall include, but not be limited to, wood, cement plaster, fiber-cement board, hardi-plank and/or hardi-board 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 Parkine: Reauirements 6.1 Parking Requirements. 6.1(a) Each independent residential living unit shall have one and six-tenths (1.6) covered garage space or on-grade parking stall 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 shall be a minimum of eight (8) handicapped parking spaces to serve the site. l~ 4Ft'{ ~rPdlH1 Section 7 Landscauine: Reauirements 7.1 Planting Standards. Landscaping shall be installed pursuant to ANZI 60.1 Standards and shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one-half inch (2-1/2") Caliper at the time of planting, unless otherwise specified herein or otherwise indicated on any conceptual landscape plan, submitted in connection with the ADLS process. Evergreen trees shall be a minimum of six feet (6') in height at the time of planting. Shrubs shall be eighteen (18) inches in height at the time of planting. All trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibility 4 with site construction features are critical factors that should be considered. Plantings should be designed with repetition, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. 7.2 Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with this Park Place Ordinance. This is to include, but is not limited to, watering 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. The building base landscaping adjacent to the front elevation of the proposed building shall include a minimum often (10) shrubs for every fifty (50 feet of lineal building frontage and said shrubs shall be a minimum of eighteen (18) inches at the time of planting. In addition, sixty (60) shade trees, 21/2 inch caliper at the time of planting, shall be planted around the proposed building and/or at an alternate location on the site. 7.4 Street Trees. Any street trees to be planted shall be 2 ~ inches caliper at the time of planting, and shall be installed per City standards. Further, no street trees shall be planted in conflict with any storm sewer or other utilities and/or underground detention. 7.5 Perimeter Planting and Bufferyard Requirements- 7.5(a) Perimeter Planting and Bufferyard Requirements The following standards shall apply: a) Types ofPlantings - Plantings within landscape buffers shall consist primarily of shade trees and shrubbery, however, wherever possible, existing vegetation within buffer yards should be preserved. b) Time of Planting Bufferyards - Bufferyards shall be planted at the time of construction of 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 of storage areas loading berths, trash and refuse containers and so forth from abutting residential. 7.6 Parking Lot Landscaping 5 7.6(a) Interior Landscaping A minimum of one (1) shade tree and ten (10) shrubs shall be planted within each parking lot for every ten (10) spaces provided. Planting areas shall be evenly dispersed throughout the parking area. 7.6(b) Parking Lot Perimeter Parking A five (5) foot wide perimeter planting strip shall be provided along all sides of which abut adjoining properties. 1. The minimum required planting unit for this area shall include: three (3) shade trees and twenty (20) shrubs per one hundred (100) linear feet. 2. The perimeter planting area may contribute to or fulfill bufferyard planting requirements. 7.6(c) Pedestrian Corridors - For any pedestrian corridors, where adequate and sufficient space exists, shrubs and ground cover shall be planted. Section 8 Plattine: 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 Lie:htine: Requirements 9.1 Lighting 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 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. 9.1(c) Parking area lighting and street lighting shall be of uniform design and materials. 9.1(d) Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 9.1(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 6 ~. viewing. For any use, illumination levels shall not exceed 0.5 footcandle at , ~~linb&r.tnh (J{I ~th4-vla/l cu"'~? _ 7011 ~~-? Section 10 Sie:nae:e 10.1 Ground /Entryway Signs. 10.I(a)~: One (1) 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. 10.I(c) Illumination of Sign: External. 10.I(d)Sign Permit: Required. 10. 1 (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. ~~ Wve? ~~/f 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 ,f~ 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 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.C. 36-7-4-1509(e), the 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 Primary Plat/Development Plan. 7 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 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 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 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 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: 8 13.I(a) The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 13.1 (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. 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. 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. 9 L. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her 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. 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 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, 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. 10 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. Section 14 Violations All violations of this Park Place Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2006, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Richard L. Sharp, President Pro Tempore Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the _ day of , 2006, at 0' clock .M. 11 Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this , 2006, at 0' clock .M. day of J ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 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 H:\bradlw Iblguilfordpartners/PUDDraft081806 12 . ":r, EXHIBIT "A" Lee:al Description 13