HomeMy WebLinkAbout2008-0905; Z-521-08; Park Place PUD Amend, AsCertified, line numbered_track changes1
1 SPONSOR: Councilor Rider
2
3 ORDINANCE Z-521-08
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6 ___________________________________________________
7 An Ordinance amending the Park Place Planned Unit Development District Ordinance
8
9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in
10 IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
11 must first approve by resolution a comprehensive plan for the geographic area over which it has
12 jurisdiction; and
13 WHEREAS, the 2020 Vision Comprehensive Plan (the “Comprehensive Plan”) Docket
14 No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
15 Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
16 Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
17 the City of Carmel and Clay Township; and
18 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
19 and Subdivision Control Ordinances; and
20 WHEREAS, pursuant to Indiana Code 36-7-4-1512 the Common Council is authorized
21 to adopt or amend Planned Unit Development district ordinances; and
22 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
23 Carmel, Indiana:
24
25 Section I: Pursuant to IC §36-7-4-1500 et seq. and after Docket No. 08060010 OA having
26 received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday,
27 August 19, 2008, it hereby adopts this Ordinance to amend and restate the Park Place Planned
28 Unit Development District Ordinance (Ordinance No. Z-500-06), as provided in Exhibit “1” and
29 Exhibit “E” attached hereto.
30 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
31 Ordinance are hereby repealed.
32 Section III: This Ordinance shall be in full force and effect from and after its passage and
33 signing by the Mayor.
34
35 PASSED by the Common Council of the City of Carmel, Indiana this _____ day of
36 _________________ 2008, by a vote of _________ ayes and ________ nays.
37
38
39
40
41
42
2
1 COMMON COUNCIL FOR THE CITY OF CARMEL
2
3
4 ___________________________________ ____________________________________
5 Presiding Officer Joseph C. Griffiths
6
7 ___________________________________ ____________________________________
8 Richard L. Sharp, President Pro Tempore Kevin D. Rider
9
10 ___________________________________ ____________________________________
11 John V. Accetturo W. Eric Seidensticker
12
13 ___________________________________ ____________________________________
14 Ronald E. Carter Luci Snyder
15
16 ATTEST:
17
18
19 __________________________________
20 Diana L. Cordray, IAMC, Clerk-Treasurer
21
22
23 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
24 _________________________ 2008, at _______ __.M.
25
26
27 ____________________________________
28 Diana L. Cordray, IAMC, Clerk-Treasurer
29
30
31 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
32 ________________________ 2008, at _______ __.M.
33
34
35 ____________________________________
36 James Brainard, Mayor
37
38 ATTEST:
39
40
41 ___________________________________
42 Diana L. Cordray, IAMC, Clerk-Treasurer
43
44
45 This Instrument prepared by: Angelina Conn, Carmel Planning & Zoning Department
46 This Instrument reviewed by: John Molitor, Carmel Plan Commission Attorney
47
3
1 EXHIBIT “1”
2
3
4
5
6
7
8 AS AMENDED 10/___/ 2008
9 PURSUANT TO ORDINANCE Z-521-08
10
11
12
13
14 ORDINANCE Z-500-06
15
16
17 PARK PLACE
18 PLANNED UNIT DEVELOPMENT
19 DISTRICT
20
21
22
23
24
25
26
27
28
29
30
31
4
1 ORDINANCE Z-500-06
2
3 AN ORDINANCE OF THE COMMON COUNCIL OF THE
4 CITY OF CARMEL, INDIANA ESTABLISHING THE PARK PLACE
5 PLANNED UNIT DEVELOPMENT DISTRICT
6
7 WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the “Carmel/Clay
8 Zoning Ordinance”), provides for the establishment of a Planned Unit Development District in
9 accordance with the requirements of I.C. § 36-7-4-1500 et seq.;
10
11 WHEREAS, the Carmel/Clay Plan Commission (the “Commission”) has given a unanimous
12 favorable recommendation to the ordinance set forth herein (the “Park Place Ordinance”) which
13 establishes the Park Place Planned Unit Development District (the “District”), which shall also be referred
14 to as the “Park Place Ordinance.”
15
16 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
17 Indiana (the “Council”), that (i) pursuant to IC §36-7-4-1500 et seq., it adopts this Park Place Ordinance,
18 as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and
19 after its passage, (ii) all prior commitments shall be null (and void and replaced and superseded by this
20 Park Place Ordinance, and (iii) this Park Place Ordinance shall be in full force and effect from and after
21 its passage and signing by the Mayor.
22
23 Section 1 Applicability of Ordinance
24
25 1.1 Zoning Map The Official Zoning Map of the City of Carmel and Clay Township, a
26 part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the 3 parcels
27 of land described in Exhibit “A” and Exhibit “A1” (the “Real Estate”), as a Planned Unit
28 Development District to be known as Park Place.
29
30 1.2 Development Development in the District shall be governed entirely by (i) the
31 provisions of this Park Place Ordinance and its exhibits, and (ii) those provisions of the
32 Carmel/Clay Zoning Ordinance specifically referenced in this Park Place Ordinance. In
33 the event of a conflict between this Park Place Ordinance and the Carmel/Clay Zoning
34 Ordinance or the Sign Ordinance, the provisions of this Park Place Ordinance shall apply.
35
36 1.3 Capitalized Terms Any capitalized term not defined herein shall have the meaning
37 as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of
38 this Park Place Ordinance.
39
40 Section 2 Permitted Primary Uses.
41 2.1 Parcel 1. The Park Place Ordinance is intended to permit a full service lifecare retirement
42 community that shall provide independent retirement living, assisted living, and nursing care.
43 Permitted uses shall include, “Nursing/Retirement/Convalescent Facility”, “Assisted Living
44 Facility”, “Clinic or Medical Health Center”, and “Hospice” as the same are defined in the
45 Carmel/Clay Zoning Ordinance. However, in connection with the foregoing uses, full time-
46 twenty four (24) hour medical staff and medical facilities shall be permitted to provide full
47 diagnosis, treatment, and therapy of all medical and health care issues, as well as on-site
48 restaurant facilities to serve the residents and their guests.
49
50 2.2 Parcel 2. Transformer uses.
51
5
1 2.3 Parcel 3. In addition to the uses on Parcel 1, the following uses shall be permitted from
2 the Carmel/Clay Zoning Ordinance, Appendix A: Schedule of Uses :
3 a. Office Uses: Clinic or Medial Health Center, Research Laboratory/Facility, General
4 Offices, and Professional Office
5 b. Institutional Uses: Public Service Facility.
6 c. Retail & Service Uses: General Retail Sales, Lumber, Building Materials Sales
7 (enclosed), General Service, Equipment Sales/Repair (indoor), Financial Institution,
8 Automated Teller Machine (ATM), Funeral Home/Mortuary/ Crematory, Veterinary
9 Hospital without commercial kennel, Wholesale Sales (enclosed).
10 d. Cultural/Entertainment Uses: Art Gallery, Art & Music Center (enclosed), Catering
11 Establishment, Restaurant without drive-thru food sales, Meeting or Party Hall, Museum.
12 e. Industrial Uses: Light Industrial, Storage and/or Warehousing (indoor), Light
13 Manufacturing, Printing/Publishing Establishment, Storage/Distribution Facility,
14 Wholesaling Facility.
15 f. Recreational Uses: Indoor Commercial Recreational Facility, Public Park.
16 g. Miscellaneous: Artificial Lake or Pond, non-platted (Special Use).
17 h. Temporary Uses: Construction Facility.
18 i. Transportation & Communication Uses: Collocated Antenna, Radio/Television Antenna
19 (Special Use), Wireless Telecommunications Antenna, Private Parking Area (Accessory).
20
21 Section 3 Accessory Buildings and Uses.
22
23 All Accessory Structures and Accessory Uses shall be permitted except that any detached
24 accessory building shown on any development plan shall have on all sides the same architectural
25 features or shall be architecturally compatible with the principal building(s) with which it is
26 associated. A temporary on-site sales office and/or sales trailer shall be permitted.
27
28 Section 4 Communication Equipment.
29
30 Cell towers shall not be permitted. Personal satellite dishes to provide service to the residents
31 shall be permitted, so long as they do not exceed twenty four (24) inches in diameter.
32
33 Section 5 Height, Area and Development Requirements
34
35 5.1 Parcel 1. Height and Area Requirements
36
37 5.1(a) The maximum Building Height shall be fifty-five (55) feet.
38
39 5.1(b) The minimum front yard Set Back shall be sixty (60) feet from the perimeter
40 boundary line of the Real Estate contiguous with Guilford Road.
41
42 5.1(c) The minimum side yard Set Back adjacent to the northern and eastern property
43 line of the Real Estate shall be seventy five (75) feet and the minimum side yard Set
44 Back adjacent to the southern property line of the Real Estate shall be fifty (50) feet.
45
46 5.1(d) The maximum Parcel Coverage shall be twenty-five percent (25%).
47
6
1 5.1(e) There shall be a maximum of one hundred ninety five (195) independent
2 residential living units, twenty (20) assisting living units, and twenty-eight (28)
3 nursing care units.
4
5 5.2 Parcel 2. Height and Area Requirements
6
7 5.2(a) The maximum Building Height shall be twenty-five (25) feet.
8
9 5.2(b) The minimum front yard Set Back shall be sixty (60) feet from the perimeter
10 boundary line of the Real Estate contiguous with Guilford Road.
11
12 5.2(c) The minimum side yard Set Back adjacent to the northern, eastern, and
13 southern property line of the Real Estate shall be twenty (20) feet.
14
15 5.2(d) The maximum Parcel Coverage shall be twenty-five percent (25%).
16
17
18 5.3 Parcel 3. Height and Area Requirements
19
20 5.3(a) The maximum Building Height shall be twenty-five (25) feet.
21
22 5.3(b) The front yard Set Back shall be a minimum of 10 (ten) feet and a maximum of
23 20 (twenty) feet from the perimeter boundary line of the Real Estate contiguous with
24 Guilford Road and/or 116th Street.
25
26 5.3(c) The minimum side yard Set Back adjacent to the northern and eastern property
27 line of the Real Estate shall be ten (10) feet.
28
29 5.3(d) The maximum Parcel Coverage shall be seventy percent (70%).
30
31 5.42 Conceptual building rendering and elevations for Parcel 1. Attached hereto and
32 incorporated herein by reference as Exhibit “C” are conceptual building images of the
33 proposed building that may be constructed upon the Real Estate. The building to be
34 constructed upon the Real Estate shall consist of primary building materials, including
35 but not limited to, Masonry, brick, cast stone, stone, stucco, or fiber cement board, or the
36 equivalent thereof. Any fiber-cement board that is installed shall be installed by a
37 certified installer. Secondary building materials shall include, but not be limited to,
38 wood, simulated wood, cement plaster, or the equivalents thereof. The main roof shapes
39 shall have a minimum slope of twelve (12) horizontal to six (6) vertical. The final
40 development of the building depicted on Exhibit “C” shall be subject to further ADLS
41 review and approval.
42
43 Section 6 Parking Requirements
44
45 6.1 Parking Requirements.
46
47 6.1(a) Each independent residential living unit shall have one and four-tenths (1.4)
48 covered garage spaces or on-grade parking stalls on site.
49
50 6.1(b) Each assisted living unit shall have one (1) on-site parking space per unit and
51 every four (4) nursing beds shall have one (1) on-site parking stall.
52
7
1 6.1 (c) In addition to the above parking spaces, there shall also be a minimum of seventy
2 five (75) additional on site parking spaces for visitors and staff to serve the site.
3
4 6.1(d) There shall be a minimum of eight (8) handicapped parking spaces to serve the
5 siteParcel 1. Parking for Parcels 2 and 3 shall comply with all state and federal
6 guidelines pertaining to accessibility.
7
8 6.1(e) Parcels 2 and 3: shall comply with Section 27.08 of the Carmel/Clay Zoning
9 Ordinance.
10
11 6.2 Bicycle Racks.
12
13 6.2 (a) Parcel 1: A minimum of two (2) and a maximum of four (4) bicycle racks
14 shall be located around the building perimeter and each individual bicycle
15 rack shall accommodate between four (4) to six (6) individual bicycles. Said
16 bicycle racks shall conform to the design standards and requirements
17 regarding the same in the Zoning Ordinance.
18
19 6.2 (b) Parcels 2 and 3: Section 27.06: Bicycle Parking of the Carmel/Clay Zoning
20 Ordinance applies.
21
22 Section 7 Landscaping Requirements
23
24 The landscaping in the PUD District shall be designed to compliment the architecture of the
25 residential and commercial buildings. Street trees, streetscape plantings, and buffer areas shall be
26 used to bring natural elements to the design pattern, in consultation with the Carmel Urban
27 Forester.
28
29 7.1 General Landscaping Standards. Landscaping shall be integrated with other functional
30 and ornamental site design elements, where appropriate, such as hardscape materials,
31 paths, sidewalks, fencing, or any water features.
32
33 Plantings along buildings and streets should be designed with repetition, structured
34 patterns, and complementary textures and colors, and should reinforce the overall
35 character of the area. Alternative or pervious paving material may be considered, or
36 alternative planting media shall be considered, for the urban areas where planting space is
37 limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc.
38
39 All trees, shrubs and ground covers shall be planted according to American Standard for
40 Nursery Stock (ANSI Z60.1), and following the standards and best management practices
41 (BMPs) published by the City’s Department of Community Services Urban Forestry
42 Section. Landscaping materials shall be appropriate to local growing and climatic
43 conditions. Plant suitability, maintenance and compatibility with site construction
44 features are critical factors that should be considered.
45
46 Shade trees shall be at least 2.5” in caliper diameter when planted. Ornamental trees shall
47 be at least 1.5” caliper diameter when planted. Evergreen trees shall be 6’in height when
48 planted. Shrubs shall be at least 18” in height when planted. Ornamental grasses shall
49 obtain a mature height of at least 3’.
50
51 The Developer shall conserve existing established trees identified on the Conceptual
52 Landscape Plan and Tree Preservation Plan, which is attached hereto and incorporated
8
1 herein by reference as Exhibit “D”; however, said trees may be removed under any of the
2 following circumstances:
3
4 • As is necessary to clear dead trees;
5 • As is necessary for the installation of access easements, rights-of-way, streets,
6 paths, sidewalks, utilities and drainage improvements, infrastructure; and
7 • As necessary for public health and safety as determined in cooperation with the
8 Urban Forester.
9
10 Existing vegetation may be used to achieve project landscaping requirements if (a) the
11 vegetation located on subject parcel is of suitable quality and health, and (b) the
12 vegetation is proposed to be preserved using accepted best management
13 practices for tree protection during construction.
14
15 7.2 Maintenance. It shall be the responsibility of the owners and their agents to insure proper
16 maintenance of project landscaping in accordance with the Park Place Ordinance and best
17 management practice standards. This is to include, but is not limited to, watering,
18 mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of
19 planting areas, replacing dead, diseased, or overgrown plantings with identical varieties
20 or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and
21 weeds.
22
23 7.3 Building Base Landscaping Standards. Building base landscaping shall be provided at the
24 base of all building elevations that do not directly abut planted hardscapes to soften the
25 architectural lines of buildings, frame the primary views to buildings and public spaces,
26 and blend architectural designs with the landscape. Building landscaping shall be
27 designed to appropriately complement a building’s use, setback, height, and architectural
28 features. Window boxes for flowers and planters on front stoops and sidewalks are
29 encouraged in areas where landscaping cannot be installed at the base of a building due to
30 the building’s proximity to a sidewalk, path, street, right-of-way or easement. Building
31 base landscaping may help fulfill bufferyard requirements where applicable..
32
33 Primary area building base landscaping shall contain a minimum of 2 shade trees, 1
34 ornamental tree, and 9 shrubs per 100 linear feet of building perimeter. Shrubs,
35 ornamental grasses, or other alternate landscaping techniques may be used to fulfill the
36 building base landscaping requirements if approved by the Department. If building base
37 landscaping cannot be installed due to a building’s proximity to a sidewalk, path, street,
38 right-of-way, or easement then landscaping may be installed elsewhere on the site to
39 fulfill the building base landscaping requirements. Appropriate alternate locations
40 include, but are not limited to: interior courtyards, sidewalks (as additional street trees),
41 parking lots, alleys, etc. In addition, where facades abut the public right-of-way and/or
42 sidewalks span the entire frontage, planting islands may be created within the right-of-
43 way and street trees can help fulfill this requirement.
44
45 Deciduous trees should be planted in locations to the south and west of building to allow
46 for shade in summer months and greater sun exposure in the winter months. Evergreen
47 trees should be used as windbreaks to buffer northwest winds.
48
49 7.4 Street Trees. Medium or large growing shade trees shall be planted adjacent to the street
50 right-of-way, parallel to each street, in planting clusters. As per City Standards, there
51 will be a minimum of 25 street trees planted along the Guilford Road frontage. In areas
52 of high pedestrian and commercial activity, tree wells shall be covered with decorative
9
1 grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample
2 passage area is provided, tree planting areas shall be treated as planting beds to soften the
3 hardscape.
4
5 As per City standards, no street trees shall be planted in conflict with drainage or utility
6 easements or structures, underground detention (unless so designed for that purpose), or
7 within traffic vision safety clearances. However, where the logical location of proposed
8 utilities would compromise the desired effect, the Developer may solicit the aid of the
9 Urban Forester in mediating cost-effective solutions.
10
11 Street tree species shall be selected from the City’s published list of recommended street
12 trees. Street trees shall be pruned to a height of eight (8) feet minimum over sidewalks
13 and twelve (12) feet minimum over streets, to allow free passage.
14
15 7.5 Perimeter Planting and Bufferyard Requirements. Perimeter landscaping along the
16 property lines shall be provided in the form of either (a) landscaping per the requirements
17 of the conceptual landscape plan for Park Place CCRC or (b) street trees for portions of
18 the perimeter which abut other existing public right-of-way or where a public right-of-
19 way is created via a proposed road, or (c) existing landscaping which meets the health
20 and quality requirements found in Carmel Clay Land Use Regulations Section 26.04. Any
21 street trees used to meet perimeter landscape requirements shall meet all other standards
22 provided in this Section 7.4.
23
24 Bufferyards shall be planted at the time of construction of the buildings. Trees shall be
25 planted at intervals no less than twenty (20) feet, nor more than thirty (30) feet.
26 Shrubbery may be planted informally or in rows and shall screen parking areas, outside
27 storage areas, loading berths, trash and refuse containers, and so forth from view.
28
29 7.6 Parking Lot Landscaping. Where parking lots are visible, the following requirements
30 shall apply:
31
32 7.6 (a) Lot interior. Minimum of one (1) shade tree per nine (9) parking spaces, with a
33 minimum of four hundred square feet (400 SF) of useable soil volume being
34 provided for each two (2) trees. Planting areas shall be evenly dispersed
35 throughout the parking area;
36
37 7.6 (b). Lot Perimeter. A minimum five foot (5’) wide perimeter planting strip shall be
38 provided on all sides of lot (except where parking spaces abut curb-to- building
39 sidewalk) including four (4) shade trees and twenty-five (25) shrubs and/or
40 ornamental grasses per one hundred lineal feet (100LF) of strip. Perimeter
41 planting may occupy the same space as a required bufferyard and may contribute
42 towards Perimeter Bufferyard Requirements.
43
44 7.6 (c) Pedestrian Corridors For any pedestrian corridors, where adequate space exists,
45 trees, shrubs and groundcover shall be planted.
46
47 Section 8 Platting
48
49 The platting of the Real Estate into smaller tracts shall be permitted administratively, so long as
50 the proposed plat complies with the area requirements set forth hereinabove in Sections 5, 6, and
51 7, and the creation of a new property lines within the Real Estate shall not impose or establish
52 new development standards beyond those specified above in Sections 5, 6, and 7, for the entirety
10
1 of the Real Estate. However, the development of any parcel shall conform to the requirements of
2 Section 12 below, and all other applicable requirements contained in this Park Place Ordinance.
3
4 Section 9 Lighting Requirements
5
6 9.1 Lighting Requirements
7
8 9.1(a) Lighting shall be in accordance with the lighting standards and requirements as
9 the same are set forth in the Carmel/Clay Zoning Ordinance.
10 9.1(b) The maximum height of light standards in parking areas shall not exceed
11 twenty (20) feet. When light standards abut or fall within ninety (90) feet
12 of single family residence, their height shall not exceed fifteen (15) feet.
13 9.1(c) Parking area lighting and street lighting shall be of uniform design and materials.
14 9.1(d) Exterior lighting shall be architecturally integrated with the building style,
15 material and color. Rooftop lighting shall be prohibited.
16 9.1(e) Exterior lighting of the building or site shall be designed so that light is not
17 directed off the site and the light source is shielded from direct offsite viewing.
18 For any use, illumination levels shall not exceed 0.5 footcandle at the property
19 line.
20
21 Section 10 Signage
22
23 10.1 Ground/Entryway Signs for Parcel 1.
24
25 10.1(a) Type: One (1) Ground/Entryway Sign shall be permitted per each entrance to the
26 site. The building materials and design for any Ground/Entryway signs should
27 be compatible and consistent with the building materials and design of the
28 adjacent buildings and structures.
29
30 10.1 (b)Maximum Sign Area: Thirty (30) square feet each.
31
32 10.1(c) Illumination of Sign: External.
33
34 10.1(d) Sign Permit: Required.
35
36 10.1(e) Fees: Required.
37
38 10.2 Wall Signs and Other Signage. Wall signage and other types of site signage shall be
39 permitted, but shall be subject to the requirements and standards governing the same
40 pursuant to the Carmel/Clay Sign Ordinance.
41
42 10.3 Signage for Parcels 2 and 3: Signage shall be permitted, but shall be subject to the
43 requirements and standards governing the same, pursuant to the Carmel Sign
44 Ordinance.
45
46 Section 11 Mechanical Equipment
47
48 Any mechanical equipment visible from an adjoining public street shall be screened
49 with suitable landscaping or fencing in general architectural compatibility with the
50 building(s) with which it is associated. Fencing materials may include brick, stone and
51 other attractive masonry screening materials. To the extent practicable, mechanical
52 equipment should be placed on the roof and screened by the parapet.
11
1
2 Section 12 Approval Process
3
4 12.1 Nature of Development Requirements. The development requirements set forth in this
5 Park Place Ordinance are in accordance with the requirements of I.C. 36-7-4-1500 et seq.
6 and are expressed in detailed terms as provided under I.C. 36-7-4-1509(a)(2). Further,
7 as permitted under I.C. 36-7-4-1509(e), the approval process contained in this Section 12
8 shall be adhered to in order to obtain an improvement location permit.
9
10 12.2 Approval or Denial of the Primary Plat/Development Plan.
11
12 12.2(a) Exhibit “B”, which is attached hereto and incorporated herein by reference, shall
13 serve as the Conceptual Plan (the “CP”) for Parcel 1. However, the CP does not
14 constitute the approved development plan and primary plat for the Real Estate of
15 Parcel 1, nor does it constitute the approved architecture, design, lighting and
16 landscaping for the Real Estate. The buildings, landscaping, and other associated
17 improvements, considered in connection with the Park Place Ordinance (Parcels
18 1 through 3) shall require further (i) ADLS approval and (ii) development
19 plan/primary plat approval. The Secondary Plat and Final Development Plan
20 approval procedures are set forth below in this Section 12. If there is a
21 Substantial Alteration in the approved ADLS and development plan/primary plat,
22 review and approval of the amended plans shall be made by the Commission, or
23 a Committee thereof, pursuant to the Commission’s rules of procedure. Minor
24 Alterations may be approved by the Director.
25
26 12.2(b) The Director shall have the sole and exclusive authority to approve without
27 conditions, approve with conditions, or disapprove the Secondary Plat (the “SP”)
28 and the Final Development Plan (“FDP”) for the Park Place Ordinance for Parcel
29 1; provided, however, that the Director shall not unreasonably withhold or delay
30 the Director’s approval of the SP and/or FDP that is in substantial conformance
31 with the development plan/primary plat and is in conformance with the
32 Development Requirements of this Park Place Ordinance. If the Director
33 disapproves any SP or FDP, the Director shall set forth in writing the basis for
34 the disapproval and schedule the request for approval of the SP and FDP for a
35 hearing before the full Plan Commission.
36
37 12.2(c) An amendment to the SP or FDP for Parcel 1, which is not determined by the
38 Director to be a Substantial Alternation or Material Alteration from the approved
39 development plan/primary plat, may be reviewed and approved solely by the
40 Director. However, in the event the Director determines that there has been a
41 Substantial Alteration or Material Alteration between the approved development
42 plan/primary plat and any proposed SP or FDP, the Director may, at the
43 Director’s discretion, refer the amended SP or FDP to the Commission, or a
44 Committee thereof, for review and approval by the Commission and/or a
45 Committee thereof.
46
47 12.2(d) The SP and FDP for Parcel 1 shall be a specific plan for the development of all or
48 a portion of the Real Estate that is submitted for approval to the Director, which
49 shall include reasonable detail regarding the facility and structures to be
50 constructed, as well as drainage, erosion control, utilities, and building
51 information.
52
12
1 Section 13 Definitions and Rules of Construction
2
3 13.1 General Rules of Construction. The following general rules of construction and
4 definitions shall apply to the regulations of this Ordinance:
5
6 13.1(a) The singular number includes the plural and the plural the singular, unless the
7 context clearly indicates the contrary.
8
9 13.1(b) Words used in the present tense include the past and future tenses, and the future
10 the present.
11
12 13.1(c) The word “shall” is a mandatory requirement. The word “may” is a permissive
13 requirement. The word “should” is a preferred requirement.
14
15 13.2 Definitions
16
17 A. ADLS: Architecture, design, lighting, landscaping and signage.
18
19 B. Accessory Structure: A structure subordinate to a building or use located on the
20 Real Estate that is not used for permanent human occupancy.
21
22 C. Accessory Use: A use subordinate to the main use, located on the Real Estate or
23 in the same building as the main use, and incidental to the main use.
24
25 D. Building Height: The vertical distance from the lot ground level to the highest
26 point of the roof for a flat roof, to the deck line of a mansard roof and the mean
27 height between eaves and ridges for gable, hip and gambrel roofs.
28
29 E. City: The City of Carmel, Indiana.
30
31 F. Commission: The Carmel/Clay Plan Commission.
32
33 G. Conceptual Plan. A general plan for the development of the Real Estate that is
34 submitted for approval showing proposed facilities, buildings, and structures.
35 This plan generally shows landscape areas, parking areas, site access, drainage
36 features, and building locations and is depicted on Exhibit “B”, which is attached
37 hereto and incorporated herein by reference.
38
39 H. Council: The City Council of the City of Carmel, Indiana.
40
41 I. County: Hamilton County, Indiana.
42
43 J. Declaration of Covenants: A Declaration of Covenants, Conditions and
44 Restrictions for the Real Estate which shall be recorded in the office of the
45 Recorder of Hamilton County, Indiana, and which may, from time to time, be
46 amended.
47
48 K. Developer. Guilford Partners, LLC and its successors and assigns.
49
50 L. Director: Director, or Administrator, of the Department of Community Services
51 for the City of Carmel, Indiana. “Director” and “Administrator” shall include
52 his/her authorized representatives.
13
1
2 M. Final Development Plan. A specific plan for the development of the Real Estate
3 that is submitted for approval showing proposed facilities, buildings, and
4 structures. This plan review includes landscaping, parking, drainage, signage,
5 lighting and building information for the site.
6
7 N. Masonry: Masonry shall include brick, cast stone, stone or the equivalents
8 thereof.
9
10 O. Material Alteration: Any change to an approved plan of any type that involves
11 the substitution of one material, species, element, etc. for another.
12
13 P. Minor Alteration: Any change to an approved plan of any type that involves the
14 revision of less than ten percent (10%) of the plan’s total area or approved
15 materials.
16
17 Q. Parcel Coverage: The total ground area, within the Real Estate, covered by
18 buildings and accessory structures which are greater than eighteen (18) inches
19 above grade level, excluding fences and walls not attached in any way to a roof,
20 divided by the total horizontal area within the Real Estate boundaries.
21
22 R. Real Estate. The Real Estate shall mean and refer to all of the Real Estate
23 described in Exhibit “A”.
24
25 S. Right-of-Way: An area of land permanently dedicated to provide light, air and
26 access.
27
28 T. Secondary Plat . A specific plan for the development of the Real Estate that is
29 submitted for approval showing proposed facilities, buildings, and structures.
30 This plan review includes general landscaping, parking, drainage, erosion
31 control, signage, lighting, screening and building information for the site.
32
33 U. Set Back: The least measured distance between a building or structure,
34 excluding, however, porches, patios, sidewalks, parking lot areas, and the
35 perimeter boundary of the Real Estate. For purposes of determining Set Back,
36 the perimeter boundary of the Real Estate (i) shall always mean and refer to the
37 outside perimeter boundary line of the Real Estate and (ii) shall not be changed
38 or reduced by reason of the platting or subdivision of the Real Estate into smaller
39 parcels.
40
41 V. Sign: Any type of sign as further defined and regulated by this Ordinance and
42 the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended.
43
44 W. Substantial Alteration: Any change to an approved plan of any type that involves
45 the revision of ten percent (10%) or more of the plan’s total area or approved
46 materials; however, the ten percent (10%) revision calculation shall be not be
47 calculated and/or based on a continuing basis.
48
49
50 Section 14 Violations
51
14
1 All violations of this Park Place Ordinance shall be subject to Section 34.0 of the Carmel/Clay
2 Zoning Ordinance.
3
4 PASSED by the Common Council of the City of Carmel, Indiana this _____ day of
5 _________________2008, by a vote of _________ ayes and ________ nays.
6
7
8 COMMON COUNCIL FOR THE CITY OF CARMEL
9
10
11 ___________________________________ ____________________________________
12 Presiding Officer Joseph C. Griffiths
13
14 ___________________________________ ____________________________________
15 Richard L. Sharp, President Pro Tempore Kevin Rider
16
17 ___________________________________ ____________________________________
18 John V. Accetturo W. Eric Seidensticker
19
20 ___________________________________ ____________________________________
21 Ronald E. Carter Luci Snyder
22
23 ATTEST:
24
25
26 __________________________________
27 Diana L. Cordray, IAMC, Clerk-Treasurer
28
29
30 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
31 _________________________ 2008, at _______ __.M.
32
33
34 ____________________________________
35 Diana L. Cordray, IAMC, Clerk-Treasurer
36
37
38 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
39 ________________________ 2008, at _______ __.M.
40
41
42 ____________________________________
43 James Brainard, Mayor
44
45 ATTEST:
46
47
48 ___________________________________
49 Diana L. Cordray, IAMC, Clerk-Treasurer
50
51 This Instrument prepared by: James E. Shinaver
52 NELSON & FRANKENBERGER
15
1 3021 East 98th Street, Suite 220
2 Indianapolis, IN 46280
3
4 This Instrument reviewed by: Wayne Beverage
5 WLB Associates, Inc.
6 16656 Brownstone Court
7 Westfield, In. 46074
16
1 EXHIBIT “A”
2
3 Legal Description
4
5 LEGAL DESCRIPTION: Parcel 1
6
7
8
9
10 Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section 36, Township 18
11 North, Range 3 East of the Second Principal Meridian, more particularly described to wit:
12
13 Commencing at a 5/8 inch rebar marking the Northeast comer of the West half of the Southwest quarter of Section 36,
14 Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line
15 of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40 feet to a mag nail and the true
16 point of beginning of the real estate herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to
17 a 5/8 inch rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00 degrees 14
18 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch mbar; thence South 89 degrees 22 minutes 51
19 seconds West 504.50 Poet to a 5/8 inch rebar; thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a
20 mag nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55
21 acres, more or less.
22
23
24 Subject to all rights-o£-way and pertinent easements of record.
17
1 EXHIBIT “A1”
2
3 LEGAL DESCRIPTION: Parcels 2 and 3
4 Plot 5
5
6 Part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, described as
7 follows:
8
9 Beginning at the Northeast corner of the West Half of the Southwest Quarter of Section 36, Township 18 North, Range 3
10 East; thence South 89 degrees 14 minutes 12 seconds West on and along the North line thereof 66.00 feet; thence South
11 00 degrees 10 minutes 31 seconds East (assumed bearing) parallel with the East line of the West half of said Southwest
12 Quarter 1988.70 feet to the True Beginning Point of the real estate herein described; thence North 89 degrees 40 minutes
13 42 seconds East 729.14 feet to a point on the East line of the West half of the East Half of said Southwest Quarter that is
14 1994.30 feet south 00 degrees 14 minutes 51 seconds east of the North line of said southwest quarter; thence South 00
15 degrees 14 minutes 51 seconds East on and along the East line of said half Half Quarter Section 632.71 feet to the South
16 line of said Southwest Quarter; thence South 89 degrees 21 minutes 50 seconds West on and along said South line 729.96
17 feet to a point that is 66 feet West of the East line of the West half of said Southwest Quarter; thence north 00 degrees 10
18 minutes 31 seconds West parallel with said East line 636.72 feet to the True Beginning Point; containing 10.630 acres,
19 more or less.
20
21 Subject to an Indiana Bell Telephone Company Utility Easement recorded June 6, 1969, in Deed Record 229, page 30;
22 subject to the rights of way for College Avenue (Guilford Road) and 116th Street; subject to all other legal easement and
23 rights of way.
24
25
26 Less the following (legal description for 2004 road right of way conveyance):
27
28 A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, and being
29 that part of the grantor’s land lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat
30 marked as Exhibit “B”, described as follows: Beginning at the southeast corner of the West Half of said quarter section,
31 said southeast corner being designated as point “233” on said parcel plat; thence South 89 degrees 28 minutes 02 seconds
32 West 20.117 meters (66.00 feet) along the south line of said quarter section to the southwest corner of the grantor’s land;
33 thence North 0 degrees 04 minutes 19 seconds west 149.965 meters (492.01 feet) along the west line of the grantor’s land;
34 thence North 89 degrees 57 minutes 00 seconds East 22.290 meters (73.13 feet) to the point “883” designated on said
35 parcel plat; thence South 0 degrees 03 minutes 00 seconds East 110.000 meters (360.89 feet) to point “884” designated on
36 said parcel plat; thence South 38 degrees 56 minutes 13 seconds East 4.564 meters (14.97 feet) to point “885” designated
37 on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 90.000 meters (295.28 feet) to point “886”
38 designated on said parcel plat; thence South 17 degrees 53 minutes 12 seconds East 16.763 meters (55.00 feet) to point
39 “911” designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 81.000 meters (265.75 feet) to
40 point “912” designated on said parcel plat; thence North 68 degrees 54 minutes 41 seconds East 8.544 meters (28.03 feet)
41 to point “913” designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 13.245 meters (43.45
42 feet) to the east line of the West Half of the East Half of said quarter section; thence South 0 degrees 08 minutes 39
43 seconds East 23.201 meters (76.12 feet) along said east line to the southeast corner of said half-half-quarter section; thence
44 South 89 degrees 28 minutes 02 seconds West 202.375 meters (663.96 feet) along the south line said quarter section to the
45 point of beginning and containing 0.8965 hectares (2.215 acres), more or less, inclusive of the presently existing right-of-
46 way, which contains 0.1873 hectares (0.462 acres), more or less. The portion of the above-described real estate which is
47 not already embraced within the presently existing right-of–way contains 0.7092 hectares (1.753 acres), more or less.
48
18
1 EXHIBIT “B”
2 Conceptual Site Plan
3
4
5 (See attached.)
6
7
19
1 EXHIBIT “C”
2 Conceptual Building Elevations
3
4 (See attached.)
20
1 EXHIBIT “D”
2 Conceptual Landscape Plans and Tree Preservation Plans
3
4 (See attached)
5
21
1 EXHIBIT “E”
2 Designation of Parcels 1, 2, and 3
3
4 Comprised of Tax Parcel ID numbers 17-09-36-00-00-054.101 (Parcel 1), 17-09-36-00-00-054.001 (Parcel 2) and 17-09-
5 36-00-00-054.000 (Parcel 3), at the northeast corner of 116th Street and Guilford Road.
6