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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
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
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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
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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
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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.
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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.
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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
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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.
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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.
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ENVIRONMENTAL STATEMENT
Re: Park Place
The developer has addressed a number of environmental matters that should
enhance the project, including the. following:
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.
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Building Materials: Today there have been many advances in building
materials and systems that are more energy efficient and environmentally
friendly. Such things as increased insulation, Low E windows, tankless
electric water heaters, ThermoShield inspections etc. We will incorporate as
many of these items as practical into the design of the building once we are
in that phase.
Garden Plots: The developer has included areas on the conceptual site map
for garden plots. These garden plots are designed to allow residents of this
community to engage in small scale gardening endeavors which should add
a pleasant aesthetic touch to the project and also allow residents to
participate in their gardening hobby.
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Sponsor:
ORDINANCE NO. Z-
PARK PLACE
PLANNED UNIT DEVELOPMENT
DISTRICT
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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.
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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. [
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2J@ The maximum Parcel Coverage shall be twenty-five percent (25%).
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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
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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
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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.
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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
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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
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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
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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
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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
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CONCEPT SITE PLAN
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Evans. Mechwort. Hambleton & Tilton. Inc.
Engineers. Surveyors. Planners. Scientists
7400 N. Shodelond Ave.. Indianapolis. IN 46250
Phone: 317.913.6930 Fax: 317-913.6928
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ORDINANCE NO. Z-
PARK PLACE
PLANNED UNIT DEVELOPMENT
DISTRICT
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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.
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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
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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
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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
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viewing. For any use, illumination levels shall not exceed 0.5 footcandle at
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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.
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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.
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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:
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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.
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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.
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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.
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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
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EXHIBIT "A"
Lee:al Description
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