HomeMy WebLinkAboutPacket 09-15-08
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City of Carmel
-MEMORANDUM-
CARMEL PLAN COMMISSION
Date:
To:
From:
Re:
September 5, 2008
City Council Members
Angie Conn, Department of Community Services
September 15 City Council meeting - Ordinance Z-521-08
Enclosed is the information packet and ordinance text for the following item. If you have any questions,
please give me a call at 571-2281 or email me at aconn@carmel.in.gov.
Z-521-08:Park Place pun Amendment (Docket No. 08060010 OA)
The applicant seeks approval to amend Ordinance Z-500-06: Park Place Planned Unit Development
in order to include 2 parcels at the northeast corner of 1 16th St & Guilford Rd. and to amend/add text
to regulate the newly added parcels to this development. The subject parcels are zoned PUD & 1-1.
Filed by the Department of Community Services, on behalf of the Carmel Plan COImnission.
The Park Place Ordinance was adopted in 2006, which set the framework an assisted and independent
living center. This proposed ordinance amendment will bring the 2 parcels just south of the site under
the Park Place PUD's jurisdiction. This ordinance amendment, partnered with the rezone Z-520-08
(docket no. 08060009 Z) of the 2 parcel s from I-I/lndustrial to PUD/Planned unit development will
provide assurance that the Carmel Plan Commission and Carmel City Council have the greatest
opportunity to review plans for the property should redevelopment be proposed in the future.
Attached is the propose~ Park Place PUD ordinance amendment, which adds parcels 2 and 3 to the
language, as well as additional regulations and limits on permitted uses. All proposed changes/additions
are underlined in blue or crossed out in red.
2008-0905.doc; Council Memo.doc
ONE CIVIC SQUARE
CARLvI:EJ., INDTANA 46032
317 /571-2417
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COl\1MON COUNCIL FOR THE CITY OF' CARMEL
Presiding Officer
Joseph C. Griffiths
Richard L. Sharp, President Pro Tempore
Kevin D. Rider
John V. Accetturo
W. Eric Seidensticker
Ronald E. Cat1er
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this ----'- day of
2008, at . M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this ~ day of
2008, at .M.
J ames Brainard, Mayor
ATIEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
This Instmment prepared by: Angelina Conn, Carmel Planning & Zoning Depaltment
This Instrument reviewed hy: John Molitor, Carmel Plan Commission Attorney
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EXHIBIT "I"
AS AMENDED 10/_/2008
PURSUANT TO ORDINANCE Z-521-08
ORDINANCE Z-500-06
PARK PLACE
PLANNED UNIT DEVELOPMENT
DISTRICT
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ORDINANCE Z-SOO-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA ESTABLISHING THE PARK PLACE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay
Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements of l.c. ~ 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a unanimous
favorable recommendation to the ordinance set forth herein (the "Park Place Ordinance") which
establishes the Park Place Planned Unit Development District (the "District"), which shall also be referred
to as the "Park Place Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel,
Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 et seq., it adopts this Park Place Ordinance,
as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and
after its passage, (ii) all prior commitments shall be null (and void and replaced and superseded by this
Park Place Ordinance, and (iii) this Park Place Ordinance shall be in full force and effect from and after
its passage and signing by the Mayor.
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 CarmcllClay Zoning Ordinance, is hereby changed to designate the 3 parcels
of land described in Exhibit "A" and Exhibit "A I" (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 Caoitalized Terms Any capitalized term not defined herein shall have the meaning
as set forth in the Carmel/Clay Zoning Ordinance in effect on the datc of thc enactment of
this Park Place Ordinance.
Permitted Primary Uses.
Section 2
2.1 Parcell. 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 arc 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.
2.2 Parcel 2. Transformer uses.
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2.3 Parcel 3. In addition to the uses on Parcel I, the following uses shall be oermitted from
the Carmel/Clay Zoning Ordinance, Appendix A: Schedule of Uses:
a. Office Uses: Clinic or Medial Health Center, Research LaboratorylFacility, General
Offices. and Professional OFfice
b. Institutional Uses: Public Service Facilitv.
c. Retail & Service Uses: General Retail Sales, Lumber, Building Materials Sales
(enclosed), General Service, Equipment Sales/Repair (indoor), Financial Institution,
Automated Teller Machine (ATM). Funeral HomelMortuary/ Crematory. Veterinary
Hospital without commercial kennel. Wholesale Sales (enclosed).
d. CulturallEntertainment Uses: Art Gallery. Art & Music Center (enclosed), Catering
Establishment. Restaurant without drive-thru food sales. Meeting or Party Hall. Museum.
e. Industrial Uses: Light Industrial. Storage and/or Warehousing (indoor). Light
Manufacturing. Printim;/Publishing Establishment. Storage/Distribution Facility.
Wholesaling Facility.
f. Recreational Uses: Indoor Commercial Recreational Facility. Public Park.
g. Miscellaneous: Artificial Lake or Pond. non-platted (Special Use).
h. Temporary Uses: Construction Facility.
1. Transportation & Communication Uses: Collocated Antenna. Radiorrelevision Antenna
(Special Use). Wireless Telecommunications Antenna. Private Parking Area (Accessory).
Section 3
Accessorv Buildines and Uses.
All Accessory Structures and Accessory Uses shall be pe~mitted 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. Personal satellite dishes to provide service to the residents
shall be permitted, so long as they do not exceed twenty four (24) inches in diameter.
Section 5
Hei2ht. Area and Development Requirements
5. I Parcel I. Height and Area Requirements
llU!2 The maximum Building Height shall be tiFty-five (55) feet.
2l.ilil The minimum front yard Set Back shall be sixty (60) feet from the perimeter
boundary line of the Real Estate contiguous with Guilford Road.
5.I(c) The minimum side yard Set Back adjacent to the northern and eastern property
line of the Real Estate shall be seventy five (75) Feet and the minimum side yard Set
Back adjacent to the southern property line of the Real Estate shall be fifty (50) Feet.
5.l(d) The maximum Parcel Coverage shall be twenty-five percent (25%).
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~ There shall be a maximum of one hundred ninety five (] 95) independent
residential living units, twenty (20) assisting living units, and twenty-eight (28)
nursing care units.
5.2 Parcel 2. Height and Area Requirements
5.2(a) The maximum Building Height shall be twentv-five (25) feet.
S.2(b) The minimum front yard Set Back shall be sixty (60) feet from the nerimeter
boundary line of the Real Estate contiguous with Guilford Road.
5.2(c) The minimum side yard Set Back adiacent to the northern. eastern, and
southern property line of the Real Estate shall be twenty (20) feet.
S.2(d) The maximum Parcel Coverage shall be twenty-five nercent (25%).
5.3 Parcel 3. Height and Area Requirements
5.3(a) The maximum Building Height shall be twenty-five (25) feet.
5.3(b) The front vard Set Back shall be a minimum of ]0 (ten) feet and a maximum of
20 (twenty) feet from the perimeter boundary line of the Real Estate contiguous with
Guilford Road and/or] ] 6th Street.
5.3(c) The minimum side yard Set Back adiacent to the northern and eastern property
line orthe Real Estate shall be ten (]O) feet.
5.3(d) The maximum Parcel Coverage shall be seventy percent (70%).
5.~ Conceotual building rendering and elevations for Parcel I. Attached hereto and
incorporated herein by reference as Exhibit "C" are conceptual building images of the
proposed building that may be constructed upon the Real Estate. The building to be
constructed upon the Real Estate shall consist of primary building materials, including
but not limited to, Masonry, brick, cast stone, stone, stucco, or fiber cement board, or the
equivalent thereof. Any fiber-cement board that is installed shall be installed by a
certified installer. Secondary building materials shall include, but not be limited to,
wood, simulated wood, cement plaster, or the equivalents thereof. The main roof shapes
shall have a minimum slope of twelve (12) horizontal to six (6) vertical. The linal
development of the building depicted on Exhibit "C" shall be subject to further ADLS
review and approval.
Section 6
Parkinl!: ReQuirements
6. I Parking Requirements.
6.1(a) Each independent residential living unit shall have one and four-tenths (1.4)
covered garage spaces or on-grade parking stalls on site.
Ufhl Each assisted living unit shall have one (I) on-site parking space per unit and
every four (4) nursing beds shall have one (I) on-site parking stall.
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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.
U1ill There shall be a minimum of eight (8) handicapped parking spaces to serve the
siteParcel 1. Parking for Parcels 2 and 3 shall comply with all state and federal
guidelines pertaining to accessibilitv.
6.l(e) Parcels 2 and 3: shall comply with Section 27.08 of the Carmel/Clav Zoning
Ordinance.
6.2 Bicvcle Racks.
6.2 (a) Parcell: A minimum of two (2) and a maximum of four (4) bicycle racks
shall be located around the building perimeter and each individual bicycle
rack shall accommodate between four (4) Lo six (6) individual bicycles. Said
bicycle racks shall conform to the design standards and requirements
regarding the same in the Zoning Ordinance.
6.2 (b) Parcels 2 and 3: Section 27.06: Bicycle Parking of the Carmel/Clay Zoning
Ordinance applies.
Section 7
Landscapifil?: RCQuircmcnts
The landscaping in the PUD District shall be designed to compliment the architecture of the
residential and commercial buildings. Street trees, streetscape plantings, and buffer areas shall be
used to bring natural elements to the design pattern, in consultation with the Carmel Urban
Forester.
7.1 General Landscaping Standards. Landscaping shall be integrated with other functional
and ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, fencing, or any water features.
Plantings along buildings and streets should be designed with repetItIOn, structured
patterns, and complementary textures and colors, and should reinforce the overall
character of the area. Alternative or pervious paving material may be considered, or
alternative planting media shall be considered, for the urban areas where plaming space is
limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc.
All trees, shrubs and ground covers shall be planted according to American Standard for
Nursery Stock (ANSI Z60.1), and following the standards and best management practices
(BMPs) published by the City's Department of Community Services Urban Forestry
Section. Landscaping materials shall be appropriate to local growing and climatic
conditions. Plant suitability, maintenance and compatibility with site construction
features are critical factors that should be considered.
Shade trees shall be at least 2.5" in caliper diameter when planted. Ornamental trees shall
be at least IS' caliper diameter when planted. Evergreen Lrees shall be 6'in height when
planted. Shrubs shall be at least 18" in height when planted. Ornamental grasses shall
obtain a mature height of at least 3'.
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7.2
7.3
7.4
The Developer shall conserve existing established trees identified on the Conceptual
Landscape Plan and Tree Preservation Plan. which is attached hereto and incorporated
herein by reference as Exhibit "0"; however, said trees may be removed under any of the
following circumstances:
. As is necessary to clear dead trees;
. As is necessary for the installation of access ea<;ements, rights-of-way, streets,
paths, sidewalks, utilities and drainage improvements, infrastructure; and
. As necessary for public health and safety as detennined in cooperation with the
Urban Forester.
Existing vegetation may be used to achieve project landscaping requirements if (a) the
vegetation located on subject parcel is of suitable quality and health, and (b) the
vegetation is proposed to be preserved using accepted best management
practices for tree protection during construction.
Maintenance. It shall be the responsibility of the owners and their agents to insure proper
maintenance of project landscaping in accordance with the Park Place Ordinance and best
management practice standards. This is to include. but is not limited to, watering.
mowing, tree trimming, planting, maintenance contracting, irrigation 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.
Building Base Landscaping Standards. Building base landscaping shall be provided at the
base of all building elevations that do not directly abut planted hardscapes to soften the
architectural lines of buildings. frame the primary views to buildings and public spaces,
and blend architectural designs with the landscape. Building landscaping shall be
designed to appropriately complement a building's use, setback, height, and architectural
features. Window boxes for tlowers and planters on front stoops and sidewalks are
encouraged in areas where landscaping cannot be installed at the base of a building due to
the building's proximity to a sidewalk, path, street, right-of-way or easement. Building
base landscaping may help fulfill bufferyard requirements where applicable.
Primary area building base landscaping shall contain a minimum of 2 shade trees. I
ornamental tree, and 9 shrubs per 100 linear feet of building perimeter. Shrubs.
ornamental grasses, or other alternate landscaping techniques may be used to fultill the
building base 'landscaping requirements if approved by the Department. If building base
landscaping cannot be installed due to a building's proximity to a sidewalk, path, street,
right-of-way, or easement then landscaping may be installed elsewhere on th~ site to
fulfill the building base landscaping requirements. Appropriate alternate locations
include, but are not limited to: interior courtyards, sidewalks (as additional street trees).
parking lots, alleys, etc. In addition, where facades abut the public right-of-way and/or
sidewalks span the entire frontage, planting islands may be created within the right-of-
way and street trees can help fulfill this requirement.
Deciduous trees should be planted in locations to the south and west of building to allow
for shade in summer months and greater sun exposure in the winter months. Evergreen
trees should be used as windbreaks to buffer northwest winds.
Street Trees. Medium or large growing shade trees shall be planted adjacent to the street
right-of-way, parallel to each street, in planting clusters. As per City Standards, there
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will be a minimum of 25 street trees planted along the Guilford Road frontage. In areas
of high pedestrian and commercial activity, tree wells shall be covered with decorative
grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample
pa.o.;sage area is provided, tree planting areas shall be treated as planting beds to soften the
hardscape.
As per City standards, no street trees shall be planted in conflict with drainage or utility
easements or structures, underground detention (unless so designed for that purpose), or
within traffic vision safety clearances. However, where the logical location of proposed
utilities would compromise the desired effect, the Developer may solicit the aid of the
Urban Forester in mediating cost-effective solutions.
Street tree species shall be selected from the City's published list of recommended street
trees. Street trees shall be pruned to a height of eight (8) feet minimum over sidewalks
and twelve (12) feet minimum over streets, to allow free passage.
7.5 Perimeter Plantine and Buffervard Requirements. Perimeter landscaping along the
property lines shall be provided in the form of either (a) landscaping per the requirements
of the conceptual landscape plan for Park Place CCRC or (b) street trees for portions of
the perimeter which abut other existing public right-of-way or where a public right-of-
way is created via a proposed road, or (c) existing landscaping which meets the health
and quality requirements found in Carmel Clay La'nd Use Regulations Section 26.04. Any
street trees used to meet perimeter landscape requirements shall meet all other standards
provided in this Section 7.4.
Bufferyards shall be planted at the time of construction of the buildings. Trees shall be
planted at intervals no less than twenty (20) feet, nor more than thirty (30) feel.
Shrubbery may be planted informally or in rows and shall screen parking areas, outside
storage areas, loading berths, trash and refuse containers, and so forth from view.
7.6 Parking Lot Landscaping. Where parking lots are visible, the following requirements
shall apply:
7.6 (a) Lot interior. Minimum of one,( 1) shade tree per nine (9) parking spaces, with a
minimum of four hundred square feet (400 SF) of useable soil volume being
provided for each two (2) trees. Planting areas shall be evenly dispersed
throughout the parking area;
7.6 (b). Lot Perimeter. A minimum five foot (5') wide perimeter planting strip shall be
provided on all sides of lot (except where parking spaces abut curb-to- building
sidewalk) including four (4) shade trees and twenty-five (25) shmbs and/or
ornamental grasses per one hundred lineal feet (lOOLF) of strip. Perimeter
planting may occupy the same space as a required bufferyard and may contribute
towards Perimeter Bufferyard Requirements.
l.&..ifl Pedestrian Corridors For any pedestrian corridors, where adequate space exists,
trees, shmbs and groundcover shall be planted.
Section 8 '
PI attiUl!
The platting of the Real Estate into smaller tracts shall be permitted administratively, so long as
the proposed plat complies with the area requirements seL forth hereinabove in Sections 5, 6, and
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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
Lighting Requirements
9.1 Lighting Requirements
2.JJ1!2
Lighting shall be in accordance with the lighting standards and requirements as
the same are set forth in the Carmel/Clay Zoning Ordinance.
The maximum height of light standards in parking areas shall not exceed
twenty (20) feet. When light standards abut or fall within nineLY (90) feel
of single family residence, their height shall not exceed fifteen (15) feet.
Parking area lighting and street lighting shall be of uniform design and materials.
Exterior lighting shall be architecturally integrated with the building style,
material and color. Rooftop lighting shall be prohibited. .
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.
2.Jibl
.2.Jill
.2..JiQl
2.Jill
Section 10
Sign age
10.1 Ground/Entrvwav Signs for Parcel I.
10.1 (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.
1O.I(c) [JIumination of Sign: External.
10.1 (d) Sign Permit: Required.
10.I(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.
10.3 Signage for Parcels 2 and 3: Signage shall be permitted, but shall be subiect to the
requirements and standards governing the same, pursuant to the Carmel Si~n
Ordinance.
Section 11
Mechanical EQuipment
Any mechanical equipment visible Jrom 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
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other aLtracti ve masonry screening materials. To the extent practicable, mechanical
equipment should be placed on the roof and screened by the parapet.
Section 12
Approval Process
12.1 Nature of Development Requirements. The development requirements set forth in this
Park Place Ordinance are in accordance with the requirements of LC. 36-7-4-1500 et seq.
and are expressed in detailed terms as provided under LC. 36-7-4- I 509(a)(2). Further,
as permitted under LC. 36-7-4-1509(e),jhe approval process contained in this Section 12
shall be adhered to in order to obtain an improvement location permit.
12.2 Approval or Denial of the Primarv Plat/Development Plan.
12.2(a) Exhibit "8", which is attached hereto and incorporated herein by reference, shall
serve as the Conceptual Plan (the "CP") for Parcel I. However, the CP does not
constitute the approved development plan and primary plat for the Real Estate-1!f
Parcel I, nor does it constitute the approved architecture, design, lighLing and
landscaping for the Real Estate. The buildings, landscaping, and other associated
improvements, considered in connection with the Park Place Ordinance (Parcels
I through 3) 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 condiLions, or disapprove the Secondary Plat (the "SP")
and the Final Development Plan ("FDP") for the Park Place Ordinance for Parcel
1; provided, however, that the Director shall not unrea<;onably withhold or delay
the Director's approval of the SP and/or FOP 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 FOP, 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 FOP for Parcel I, which is not determined by the
Director to be a Substantial Alternation or Material Alteration from the approved
developfllent 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 FOP, the Director may, at the
Director's discretion, refer the amended SP or FOP La the Commission, or a
Committee thereof, for review and approval by the Commission and/or a
CommiUee thereof.
12.2( d) The ~P and FDP for Parcel I shall be a specific plan for the development of all or
a portion of the Real Estate that is submitted for approval La the Director, which
shall include reasonable detail regarding the facility and structures to be
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constructed, as well as drainage, erosion control, utilities, and building
information.
Section 13
I)efinitions 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.
B.I(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. Accessorv 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 ~ity 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.
I. County: Hamilton County, Indiana.
J. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time, be
amended.
K. Developer. Guilford Partners, LLC and its successors and assigns.
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T.
W.
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, sign age,
lighting and building information for the site.
N.
Masonrv: Masonry shall include brick, cast stone, stone or the equivalents
thereof.
O.
Material Alteration: Any change to an approved plan of any type that involves
the substitution of one material, species, element, etc. for another.
P.
Minor Alteration: Any change to an approved plan of any type that involves the
revision of less than ten percent (10%) of the plan's total area or approved
materials.
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.
Secondary Plat. A specific plan for the development of the Real Estate that is
submitted for approval showing proposed facilities, buildings, and structures.
This plan review includes general landscaping, parking, drainage, erosion
control, signage, lighting, screening and building information for the site.
u.
Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, sidewalks, parking lot areas, and the
perimeter boundary of the Real Estate. For purposes of determining Set Back,
the perimeter boundary of the Real Estate (i) shall always mean and refer to the
outside perimeter boundary line of the Real Estate and (ii) shall not be changed
or reduced by reasoll 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.
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.
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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
2008, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Joseph C. Griffiths
Richard L. Sharp, President Pro Tempore
Kevin Rider
John V. Accetturo
W. Eric Seidenstickcr
Ronald E. ~arLer
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me Lo the Mayor of the City of Carmel, Indiana this _ day of
2008, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
2008, at ;M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
14
1 This Instrument prepared by: James E. Shinaver
2 NELSON & FRANKENBERGER
3 3021 East 98th Street, Suite 220
4 Indianapolis, TN 46280
5
6 This Instrument reviewed by: Wayne Beverage
7 WLB Associates, Inc.
8 16656 Brownstone Court
9 Westfield, In. 46074
15
1 EXHIBIT "A"
2
3 Legal Deseriptie8
4
5 LEGAL DE..~CRIPTION: Parcell
6
7
8
9
10 Sihlate in the State of Indiana.. County of Hamilton and being a part of the Southwe...t quarter of Section 36, Township 18
11 North, Range 3 East of the Second Principal Meridian, more particularly dCSClibed to wit:
12
13 Commencing at a 5/8 inch rebar marking the Northeast comer of the West haIf of the Southwest quarter of Section 36,
14 Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds We"t66.oo feet with the North line
15 of said West half quarter; thence South 00 degree'i 10 minute,> 31 second,> East 771.40 feet to a rnag nail and the true
16 {Xlint of beginning of the real estate herein described; thence North 89 degrees 39 minutes 43 second" East 727.76 feet to
17 a 5/8 inch rebar on the East line of the West half of the Ea'it half of said Southwest quarter, thence South 00 degrees 14
18 minutes 34 second'i Ea"t ] 18255 feet with said East line to a 5/8 inch mbar; thence South 89 degrees 22 minutes 5]
19 seconds West 504.50 Poet to a 5/8 inch rebar, thence North 67 degrees 02 minutes 29 SlXonds West 244.32 feet to a
20 mag nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the {Xlint of heginning, containing 19.55
21 acres, more or less.
22
23
24 Subject to all righl,>-of-wayand pertinent ea~mcnts of record.
16
1 EXHIBIT "AI"
2
3 LEGAL DESCRIPTION: Parrel"i 2 and 3
4 Plot 5
5
6 Part of the Southwest Quarter of Section 36. Township 18 North, Range 3 East in Hamilton Calmt)'. Indiana described as
7 follows:
8
9 Beginning at the Northeast comer of the West Half of the Southwest Quarter of Section 36, Township 18 North. Range 3
10 Eas~ 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 second.. 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 Begilming Point: containing 10.630 acres,
19 more or less.
20
21 Subiect to an Indiana Bell Telephone Company Utility Ease.rent recorded June 6. 1%9, in Deed Record 229. page 30;
22 subiect to the right... of way for College Avenue (GuilFOIu Road) and 116m Street; subject to all other legal easement and
23 rig:htsofwav.
24
25
26 Uss the followim?: (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 o/Ufltor"s land lvinfi! within the right-of-way lines depicted on the attached Rig:ht-of-Way Parcel Plat
30 marked as Exhibit "B", described a,... follows: Beginning at the southea...1 comer of the West Half of said quarter section,
31 said southe.:'lSt corner being designated as point ''233"' on said parcel plat: thence South 89 degrees 28 minutes 02 seconds
32 We~1 20.117 .reters (66.00 feet) along the south line of said quarter section to the southwest comer of the grJTItor's land:
33 thence North 0 degrees 04 minutes 19 seconds west 149.965nx:ters (492.01 feet) along the west line of the grantor's land:
34 thence North 89 degrees 57 minutes 00 second... &-;t 22.290 .reters (73.13 feet) to the point "883" designated on said
35 parcel plat: thence South 0 degIees 03 minutes 00 seconds East 110.000 meters (360.89 feet) to point "884" designated on
36 said Darcel plat: thence South 38 degrees 56 minutes 13 seconds East 4.564 weters (14.97 feet) to point "88S" designated
37 on said parcel plat: thence North 89 degrees 28 minutes 02 second~ East 90.000 meters (295.28 feet) to point "886"
38 designated on said parcel plat; thence South 17 degrees 53 minutes 12 second... &"1 16.763 .reters (55.00 lee!) to point
39 "911" designated on said oarcel plat: thence North 89 deerees 28 minutes 02 seconds East 81.000 .reters (265.75 feet) to
40 point "912" desi!IDated 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 oareel plat: thence North 89 degrees 28 minutes 02 seconds East 13.245 meters (43.45
42 feet) to the e.:1St line of the West Half of the East Half of said quarter section; thence South 0 degrees 08 minutes 39
43 second... Ea....t 23.20 I weters (76.12 teet) along said east line to the southeast comer of said half-half -Quarter section; thence
44 South 89 degrees 28 minutes 02 seconds West 202.375 n}cters(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 ri~t-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 existin~ right-of-way contains 0.7092 hectares (\ .753 acres), more or less.
48
17
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2
3
4
5
6
7
EXHIBIT "B"
Conceptual Site Plan
(See attached.)
18
1
2
3
4
EXHIBIT "e"
Conceptual Buildinl! Elevations
(See attached.)
19
I
2
3
4
5
EXHIBIT "D"
Conceptual Landscape Plans and Tree Preservation Plans
(See attached)
20
1 EXHIBIT "E"
2 Desil!nation of Parcels 1, 2, and 3
3
4 Comprised of Tax Parcel ID numbers 17-00-36-00-00-054.101 (Parcell). 17-09-36-00-00-054.001 <ParceI2) and 17-09-
5 36-00-00-054.1))) (Parcel 3), at the northeast comer of I 16th Street and Guilford Road.
6
21
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16656 Brownstone Court \ k~ ,~
Westfield, In. 46074 CONCEPT SITE PLAN ~h ~.~
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CONTACT: Mr. Wayne Be..erage PARK PLACE CCRC
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ENVIRO~1\I!ENTAL STATEMENT
Re: Park Place
The developer has addressed a number of enviroqrnental matters that should
enhance the proj ect~ 'including the folloMng:
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Wetla nds: A study was perfonned by Williams Creek wherein specific
wetlands on the site were identifie4:' 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 oalms 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 P]~n: 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 PaviBlg~ This environmentally friendly material will be used at
Some of the entry ways. Permeable paving is a pavement system that allows
stormwater runoff ta infiltrate through a porous pavement surface 'IDd into
the aggregate subbase m'lterial reducing the amoWlt of runoff released from
the developed site and providing water quality benefits through removal'o,f
suspended solids and other pollutants.
Irrlgatiomwith Storm Water: Based upon groundwater levels and
retention pond recharge capabilities, the potential for the use of stormwater
far irrigation of on~site landscape and lawn areas will be assesseg.
Bio swales: The site will be evaluated for the potential ta incorporate bi.o-
swales into the design .of the stormwater management system to provide
water quality benefits. Bio-swales are natural, vegetated depressional areas
that rely an filtration of runoff by sUrface plants and infiltration ofru:noff
into Underlying permeable soiis far the removal .of suspended solids and
ather pollutants that are hannful to downstream ecosystems and aquatic life.
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Building M~terials: 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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Cross References:
(last deed of retord)
COMmnTMENTS CONCERNrnNG THE USE
AND DEVELOPMENt OF REAL ESTATE
In accordance with I.e. 36-7-4-1512(a)(3) and 36-7-4-615, Guilford Partners, LLC, an
Indiana limited liability company, (hereafter referred to as "Guilford"), is the owner of real estate
locatedirt Cannel, Hamilton County, Iri.diflQa, whichrea1 estate is described on Exhibit A
attached hereto and made a part hereof (hereafter referred to as the "Real Estate"), and makes the
following commitments (hereafter referred to as the "Commitments") concerning the use and
development of the Real Estate as the Park Place retirement comtIlunity to the City of Carmel
Common. Council (hereafter referred to as the "Council") for Park Place Planned Unit
Development Ordinance.
Sedion..1. Cross Reference. These Commitments are made in connection with approvals
obtamed under Ordinance No. Z-500-06, the Park Place Planned Unit Development Ordinance,
approved by the Council on, 2007 (hereafter referred to as the "Park.Place PUD").
Section 2.
reference:
EIhibits. The following exhibits are attached hereto and incorporated herein by
Exhibit uA".Attached hereto and incorporated herein by reference as Exhibit nAn is the
legal description of the Real Estate; and, .
Section 3. Defmitions. Different words and terms are defined throughout these
Commitments and the definitionshelow shall apply throughout these Commitments.
L Owner. The term "Ownertl shall mean and refer to Guilford and its successors and
. assigns. '
2. Story or Stori~s..:. The term "Story or Stories" shall mean and refer to that part of the
building comprised between the level of one finished floor and the level of the next
higher finished floor.
'.
Section 4. Commitments. The Owner agrees and commits to the following:
I: That the building to be constructed upon the Real Estate shal1 not exceed three (3)
Stories in height.
2. That the maximum number of independent living units to be constructed upon the
Real Estate shall not exceed one hundred and ninety one (191), the maximum number
of assisted living units to be constructed upon the Real Estate shall not exceed twenty
(20) and the maximum number of nursing care units to be constructed upon the Real
Estate shall not exceed twenty eight (28).
Section 5. Bindine: on Successors. These Commitments are binding on the Owner of the
Real Estate and each subsequent owner of the Real Estate, and each other person acquiring an
interest in, the Real Estate. lihless modified Of terminated by the Council. These Commitments
may be modified or terminated. only by a decision of the Council after a public hearing wherein
notice as provided by the rules of the Council has been made. The provisions oftbis paragraph 5 .
notwlthstanding, these Commitments shall terniinate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from the Park Place Planned Unit Development District pursuant .
to Ordinance No. Z-500-06. to another zoning classi1i.catioJt
Section 6. Effective Date. The Commitments contained herein shall be effective upon the
occurrence Qf all Qfthe following events:
1. The adQption of the Park Place PUD Ordinance, Ordinance No. Z~500-06, by the
Council;
2. The commencement of the development of the Real Estate in accordance with the
. assignment of the requested Park Place PUD classification pursuant to Ordinance NOZ-
500-06. as evidenced by the issuance of a building pennit and improvement location
pennit. or their equivalent, for such development.
Section 7. RecordiulE. The undersigned hereby authorizes the Clerk Treasurer of the City
of Caimel to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
Section 8. Enforcement. These Commitments may be enforced by the Council and any
property o\lffier within or immediately adjacent to the Real Estate.
2
IN WITNESS WHEREOF, the Owner has caused these Comrilitments to be executed as of the
date written below.
By: Guilford Partners, LLC, an Indi~ limited liability company
By:
(ruune)
(title)
STATE OF INDIANA ).
)SS:
COUNTY OF )
Before me the undersigned, a Notary Public in and for said COWlty and State, personally
appeared (name) (title) 00 behalf of
Guilford Parlners, LLC, an Indiana limited liability company, who acknowledged the execution
of the foregoing Declaration for and on behalf of said limited liability company.
Witness my hand and Notarial Seal ~g
day of
, 2007.
My Commission Expires:
Notary Public
Residing in .
CoWlty
Printed Name
Prepared By: James E. Shinaver, Nelson & Frankenberger, 3105 East 98th Street, Suite 170,
Indianapolis. IN. 46280. .
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. James E. Shinaver
Brudhollinw'Wlb-guil fard\coullCilCllmmilma1ts020207
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CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE PARK PLACE pun ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-521-08
An Ordinance to Amend the Park Place Planned Unit Development (PUD) Ordinance
To: The Honorable Common Council
of the City .ofCarme.1
Hamilton County, Indiana
Dear Members:
The Cannel Advisory Plan Commission offers you the following report on the application to the
Commission (Docket No. 08060010 OA) to amend Ordinance Z-500-06: Park Place PUD, in
order to include 2 parcels in the PUD and amend/add text to regulate the newly added parcels.
The site is located at the northeast comer of 116th Street and Guilford Road. .
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regularly scheduled meeting on August 19, 2008, the Commission voted ten (10) in Favor,
zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed
Ordinance Z-521-08 with a Favorable Recommendation.
Please be advised that by virtue of the CommIssion's Favorable Recommendation, pursuant to Ie
36-7-4~607(e)(3), the Coun.eil has ninety (90) days to act on this petition before it becomes
effective as Certi~ed by the Commission. Ninety days from the date of the original Certification
(August 22, 2008) is Wednesday, November 20, 2008.
~.
amonaHancock, Secretary
Carmel Advisory Plan Commission
Dated: August 22, 2008
2008-0821 08060010 OA 2-521-08 PC Certification
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