HomeMy WebLinkAboutZ-521-08 Amend Park Place PUDSPONSOR: Councilor Rider
ORDINANCE Z-521-08
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance amending the Park Place Planned Unit Develolnnent District Ordinance
WHEREAS; pursuant to the Advisory Planning Law of the State of Indiana (contained in
IC 36-7-4), each unit of local government that wishes to adopt land use and zoning ordinances
must first approve by resolution a comprehensive plan for the geographic area over which it has
jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket
No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan
Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning
and Subdivision Control Ordinances; and
WHEREAS, pursuant to Indiana Code 36-7-4-1512 the Common Council is authorized
to adopt or amend Planned Unit Development district ordinances; and
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana:
Section 1: Pursuant to IC §36-7-4-1500 et seq. and after Docket No. 08060010 OA having
received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday,
August 19, 2008, it hereby adopts this Ordinance to amend and restate the Park Place Planned
Unit Development District Ordinance (Ordinance No. Z-500-06); as provided in Exhibit "1" and
Exhibit "E" attached hereto.
Section 11: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section HL This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
PASSED by the Common Council of the City of Cannel, Indiana this Q 04day of
0 ? B 2008, by a vote of to ayes and _L__ nays.
COMMON COUNCIL
Pr ing Offkspr
FOR THE CITY OF CARMEL
e)--z- e e as C- N -i-
ATTEST:
l?
Diana L. Cordray; IAMC, Cl Y -Treasurer
W. Eric Seidensticl r
L 'Snyder
Presented by me to the Mayor of the City of Carmel, Indiana this c2lS+day of
Q ? Qrth 2008, at l o: W1 A .M.
Diana L. Cordray,lAMC, Clerk- r asurer
na
Approved by me, Mayor of the City of Cannel, Indiana, this aO? day of
2008, at io raa A.M. q
P/17t, 1 -
Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Tr a urer
This Instrument prepared by: Angelina Conn, Cannel Planning & Zoning Department
This Instrument reviewed by: John Molitor, Cannel Plan Commission Attorney
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Richard L. Sharp. NEsident Pro Tempore
EXHIBIT "1"
AS AMENDED 10/ / 2008
PURSUANT TO ORDINANCE Z-521-08
ORDINANCE Z-500-06
PARK PLACE
PLANNED UNIT DEVELOPMENT
DISTRICT
ORDINANCE 2-500-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CAR111EL, INDIANA ESTABLISHING THE PARK PLACE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Cannel/Clay Zoning Ordinance Z-289 (the "Camtel/Clay
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.;
WhiEREAS, the Carntel/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 §36-7-4-1500 et seq., it adopts this Park Place Ordinance,
as an amendment to the Cannel/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 Zonine Man The Official Zoning Map of the City of Carmel and Clay Township, a
part of the Cannel/Clay 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 Plamted 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 or 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/Clav Zoning Ordinance in effect on the date of the enactment of
this Park Place Ordinance.
Section 2 Permitted Primary Uses.
2.1 Parcel 1. The Park Place Ordinance is intended'to pemtit a fill service lifecare retirement
conununity that shall provide independent retirement living, assisted. li ving, 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.
2.2 Parcel 2. Transformer, uses.
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2.3 Parcel 3. In addition to the uses on Parcel 1, the following uses shall be permitted from
the Carmel/Clay Zoning Ordinance, Appendix A: Schedule of Uses :
a. Office Uses: Clinic or Medial Health Center, Research Laboratory/Facility, General
Offices, and Professional Office
b. Institutional Uses: Public Service Facility.
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 Home/Momtary/ Crematory, Veterinary
Hospital without cottunercial kennel, Wholesale Sales (enclosed).
d. Cultural/Entertainment 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; Printing/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.
i. Transportation & Communication Uses: Collocated Antenna, Radio/Television Antenna
(Special Use). Wireless Telecommunications Antenna, Private Parking Area (Accessory).
Section 3 Accessory Buildings and Uses.
All Accessory Structures and Accessory Uses shall be pemtitted 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. 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 Height, Area and Development Requirements
5.1 Parcel 1. Height and Area Requirements
5.1 a The maximum Building Height shall be fifty-five (55) feet.
5.1(bl The minimum front yard Set Back shall be sixty (60) feet from the perimeter
boundary line of the Real Estate.contiguous with Guilford Road.
fa o 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.
S.l fd 'file maximum Parcel Coverage shall be twenty-five percent (25%).
5.1 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 Parcel 2. Height and Area Requirements
5.2 a The maximum Building Height shall be twenty-five (25) feet.
5.2fb1 The minimum front yard Set Back shall be sixty (60) feet from the perimeter
boundary line of the Real Estate contiguous with Guilford Road.
5.2 c The minimum side yard Set Back adjacent to the northern, eastern, and
southern property line of the Real Estate shall be twenty (20) feet.
51(dl The maximum Parcel Coverage shall be twenty-five percent (25%).
5.3 Parcel 3. Height and Area Requirements
5.3 a The maximum Building Height shall be twenty-five (25) feet.
5.3(61 The front yard Set Back shall be a minimum of 10 (ten) feefand a maximum of
20 (twenty) feet from the perimeter boundary line of the Real Estate contiguous with
Guilford Road and/or 116°i Street.
5.3 c The minimum side yard Set Back adjacent to the northern and eastern property
line of the Real Estate shall be ten (10) feet.
5.3 d The maximum Parcel Coverage shall be seventy percent (70%)-
5.4 Conceptual building rendering and elevations for Parcel 1. 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 final
development of the building depicted on Exhibit "C" shall be subject to further ADI-S
review and approval.
Section 6 Parking Requirements
6.1 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.
6.1 6 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 Parcel
1. Parking for Parcels 2 and 3 shall comply with all state and federal guidelines
pertaining to accessibility.
b.l e Parcels 2 and 3: shall comply with Section 27.08 of the Cannel/Clay Zoning
Ordinance.
6.2 Bicycle Racks.
6.2 (a) Parcel 1: 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) to 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 Landscaping Requirements
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 Cannel Urban
Forester.
7,1 General Landscapine Standards. Landscaping shall be integrated with other functional
and ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks,.fencing, or any water features.
Plantings along buildings and streets should be designed with repetition, structured
patterns, and complementary textures and colors, and should reinforce the overall
character of the area. Alternative or pervious paving material may be considered, or
alternative planting media shall be considered, for the urban areas where planting space is
limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc.
All trees, shrubs and ground covers 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 1.5" caliper diameter when planted. Evergreen trees 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 37
.
The Developer shall conserve existing established trees identified on the Conceptual
Landscape Plan and Tree Preservation Plan. which is attached hereto and incorporated
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herein by reference asCxhiltit "D` however,-said9rees may be removed tinder buy of tho
following cii-cumstaneess
a: As is.necessary to clear dead-trees:
• As is'necessary'forthe'installation of access easements, riglrts-of-way, streets,.
paths,, sidewalks, utilities and drainage improvements, infrastructure; and
• As necessary rca public health,and safety as determined in.cooperation with the
Urban Forester.
Existing vegetation may bOusedlo achtew project landscaping requirements if (a) the
vegetation located on'sabject parcel is of suitable quality and health, and (b) the
vegetation is proposed to be preserved Using accepted best management
practices tbc-tree,preteetieir;during construction.
7:2 IMaiutehanee. li'shall be the, responsibility of the owners and their agents,to?in'sure proper
maintenance of project' landscaping' in accordance' with tile-Park Place Ordinance and Kest
managenient'practice standards: This is to include; but is no't limited to, watering,
mowing, tree `trimming, planting, maintenance, contacting, irrigation-,and mulching of
planting areas, replacing dead, diseased, or overgrowntiantings with identical varieties
'or -a suitable substitute, arid keeping the'area free of refuse; debris, rank vegetation and
weeds.
7.3 Building Base Landscaping Standards-Building<base IMidscapingshrill be pfovided.at the
base of all building elevations that do_ not direetly abut planted hardscapes•to soCien the
architectural lines of buildings, frtune the primary views to buildings and public spaces,
and blend architectural designs with the landscape. Building landscaping shall lie
designed to appropriately"complement-a building's use-setback; height, and arcliiiectural
features: Window boxes for flowers and platters on front stoops and' sidewalks are
encouraged in, a easwhereaandscaping cannotbe installed at the base of a building dire to
the building's'proximity ,to a'sidew lk; path, street,, rigbt=of-way?or eascnnern. Building
base landscaping; may help fulfill bufferyaM requirements where applicable.
Prinnary area. buildingtbase landscaping shall. contain a' ininitnum of 2aliade trees, I
ornaniental tree, and 9 shrub's per 900 linear feet of 'building perimeter. Shrubs,
ornamental grasses, or other-ahernate landscaping techniques may be used to fulfill the
building base, laadscaping,requirentettts if approved.by'tlie',Department. If building base
landscaping cannbttbe installed flue to a building's pioxintity to,a sideti-alk;,pat_h„street,
'right-of-way, or easement then landscaping may be installed elsewhere on the site to
fuifllC the building base landscaping requirements.. Appropriate alternate locations
include; butare"not lirnited to: interior courtyards; sideN%alks,(as"additional street trees),
parking lot's, alleys, etc: lit addition: iaherc facades, abut: the public=rightgf-way and/or
sidewalks-span the entire frontage, planting.islands,may be created within the,right-of-
wav and'street-trees.ean help;fulfill, this requirement:
Deciduous trees;should be planted"in locations to the south.and wQstof building to allow
for shade to summer rnonths and greater sun exposure iit.the winter months. Evergreen
trees should:be used as windbt eakstto buffer n6iilw%& wifids.
7.4 Street Trees.- Medium or large-:growingeshad'e trees shall be,planted adjacent.to the street
right=of=way; parallel to each,street-:in plantingclusters. Asper City Standards, there
will be a nrininmrn of 2-5 street trees planted along the Guilford Road froinage. In areas
of"_hi ih pedestrian and conunergial activity, tree. wells shall be covered with decorative
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grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample
passage area is provided, tree planting areas shall be treated as planting beds to soften the
hardscape.
Asper 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 (S) feet minimum over sidewalks
and twelve (12) feet minimum over streets, to allow free passage.
7.5 Perimeter Planting and Bufferyard Requirements. Perimeter landscaping along the
property lines shall be provided in the form of either (a) landscaping per the requirements
of the conceptual landscape plan for Park Place CCRC or (b) street trees for portions of
the perimeter which abut other existing public right-of-way or where a public right-of-
way is created via a proposed road, or (c) existing landscaping which meets the health
and quality requirements found in Carmel Clay Land Use Regulations Section 26.04. Any
street trees used to meet perimeter landscape requirements shall meet all other standards
provided in this Section 7.4.
Bufferyards shall be planted at the time of construction of the buildings. Trees shall be
planted at intervals no less than twenty (20) feet, nor more than thirty (30) feet.
Shrubbery may be planted informally or in rows and shall screen parking areas, outside
storage areas. loading berths, trash and refuse containers, and so forth from view.
7.6 Parking Lot Landscaping. Where parking lots are visible,-the following requirements
shall apply:
7:6 (a) Lot interior. Minimum of one (1) shade tree per nitre (9) parking spaces, with a
minimum of four hundred square feet (400 SF) of useable soil volunme being
provided for each two (2) trees. Planting areas shall be evenly dispersed
throughout the parking area:
7.6 (b). Lot Perimeter. A minitiium five foot (S) wide perimeter planting strip shall be
provided on all sides of lot (except where parking spaces abut curb-to- building
sidewalk) including four (4) shade trees and twenty-five (25) shrubs and/or
ornamental grasses per one hundred lineal feet (IOOLF) of strip. Perimeter
planting may occupy the same space as a required bufferyard and may contribute
towards Perimeter Bufferyard Requirements.
7.6 c Pedestrian Corridors For any pedestrian corridors, where adequate space exists,
trees, shrubs and groundcover shall be planted.
Section S Platting
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
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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
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.
22.(c) Parking area lighting and street lighting shall be of uniform design and materials.
91(d). Exterior lighting shall be architecturally integrated with the building style,
material and color. Rooftop lighting shall be.prohibited.
91(el 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 Signape
10.1 Ground/Entryway Signs for Parcel 1.
10.1 a Type: 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 Sint Area: Thirty (30) square feet each.
10.1 c Illumination ofSitn: External.
10.1(d) Sign Permit: Required.
10.1(e) Pees: Required.
10.2 Wall Sims and Other Si-*nage. 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 Cannel/Clay Sign Ordinance.
10.3 Signage for Parcels 2 and 3: Signage shall be permitted, but shall be subject to the
requirements and standards governing the same, pursuant to the Carmel Sign
Ordinance.
Section 11 Mechanical Equipment
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.
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Section 12 Anproval.Process
121 Nature o£DevelopmcntRequirements. The development requirements set forth in this
.Park Place.Ordiuance.are in accordance with the requirements of I.C. 36-7-4-1.500 et seq,
and,afe expt ess-ed.in detailed terms as provided, under I.C. 36-7 4-1'509(a)(2). Further,
as, perotitted under 1.G. 3'6-7=4-15,09(e),.tite approval process contained'in this Section 12
shall be adhered to tit order:to..obtain an'improvement location perinit.
12.2 Aatroval or Denial of the Primary Plat/Development Plan.
12.2(a) Exhibit "13"; which is attached hereto and incorporate. d-herein' by reference, shall
serve as the Conceptual Plan (the "CP") for Parcel;1. However, the CP does not
constitute the, approvedAevelopment plan and primary plat for the`Real Estate, of
Parcel l,,,nor'does it constitute tlie,approved architecture, design; lighting and
landscaping for the Real'Esfate. The buildings; landscaping, and other associated
improvements, considered in connection-with the Park Place Ordinance (Parcels
1 through' 3) shall require further (i) ADLS approval-and (ti) development
plah/pritnary-'plat approval- -The Secondary Plat and Final Development Plan
approval procedures are set forth below in this Section 2. If, there is a
Substantial Alteration in the approved ADLS;and tlevelopmenfplanlpritraryplat,
review and ap'proual of the antanded plane shall be n ade by the Cmtunission, 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, approvcawitli conditions„or disapprove the, _Secondary'Plat(the "SP")
and the rinal Development Plan(`FDP") for the Park Place:Qrdinance for Parcel
1: prdvided, However; that the Diiecior shall not unreasonably withhold or delay
the Director's :approval of the SP and/or F15P that is in.subsiantial -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 shalhset forth.-in writing the basis for
the disapproval and schedule the, request. for approval oLthe SP and FDP for a
hearing before the full Plan Commission.
12.2(c)-An amendment to the SP or rDP for Parcel I. which is not determined by the
Director to beta, Substantial Alternation or'Material Alteration fromthe,appioved
'development plan/primary plat, May be reviewed and approved_sol''Ov ,by the
Director. However, in ;the event the Director determines that there,has been a
Substantial Alteration or Material Alteration belween the approved development
plan/primary plat and any 'proposed SP oi- FDP, the Director may, at the
Di'rector's discretion, refer the amended' SP or FDP' to the Commission, OF a
Committee thereof; for review and approval by the Commission and/or a
Committee thereof.
1'2'2(d) The SP and EDP`for Parcel l shall be.a specific plan for.the.development,of all or
a portion orthe,Real - Estate-that is submitted for approval to the Director, which
sliall 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:
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. "rile 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 stain use, located on the Real Estate or
in the same building as the main use, and incidental to the main use.
D. Buildine Hei_ht: 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.
P. Commission: The Cannel/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 Cannel, Indiana.
County: Hamilton County, Indiana
J. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time, be
amended.
K. Developer. Guilford Partners, LLC and its successors and assigns.
L. Director: Director, or Administrator, of the Department of Community Services
for the City of Carmel, Indiana. "Director" and "Administrator" shall include
his/her authorized representatives.
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M. Final Development Plan. A specific plari,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'.
0. Material Alteration: Any change to an approved plan of any type that involves
the substitution of one material, species, element, etc. for another.
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 Coveraee: The total ground area, within the Real Estate, covered by
buildings and accessory structures which are greater than eighteen (IS) 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-Wav: An area of land permanently dedicated to provide light, air and
access.
T. Secondary Plat . A specific plan for the development of the Real Estate that is
submitted for approval showing proposed facilities, buildings, and structures.
This plan review includes general landscaping, parking, drainage, erosion
control, signage, lighting, screening and building information for the site.
U. Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios; sidewalks, parking lot areas, and the
perimeter boundary of the Real Estate. I-or 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 (it) shall not be changed
or reduced by reason of the platting or subdivision of the Real Estate into smaller
parcels.
V. Sin: 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
13
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 CARNIEL
Presiding Officer
Joseph C. Griffiths
Richard L. Sharp, President Pro Tempore Kevin Rider
John V. Accettrtro
Ronald E. Carter
ATTEST:
Diana L. Cordrav, IAMC. Clerk-Treasurer
day of
Cordray,IAMC, Clerk-Treasurer
ATTEST:
W. Eric Seidensticker
Snyder
Presented by me to the Mayor of the City of Cannel, Indiana this
2008, at _.M.
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2008, at .M.
L. Cordray,JAMC, Clerk-Treasurer
James Brainard, Mayor
14
This Instrument prepared by: James E. Shinaver
NELSON &FRANKENBERGER
3021 Last 98ih Street, Suite 220
Indianapolis, IN 46250
This Instrument reviewed by: Wayne Beverage
WLB Associates, Inc.
16656 Brownstone Court
Westfield, In. 46074
15
EXHIBIT"'A"
LFGAI:,DESCRIPTION: PareetI
Siu.ate,in the State of.Indiarw, County of Mamilton and being a pan of die'.Southwest quarter ofSection 36, Township 18
North Rauge'3 Fast ofthe Second PrincipalMeidiar; more panicularly described to wit;
Commencing ata 5/8,inch rcbar:marlang di.c Nonhgtst comer. of the.West half of lieiSouthwest gimiier of Section 36..
Township 18.Norrlt Rang-0 East thence Sotidr 89 degees 15 ninutes 14 seconds Wesr66.00 feet with the North line
of said West half quarter; th&-r-e Soutli'00 de', eES' 10 niinuti?s 31 seconds East 771.40'f&2.t to a mag rtiiil and the hue
point,of hegimng of the real estate herein descrtet ihetceNoctit 89 degrees,39 mince 43'seconds Fast 72776 faet to
a 578 indi reb u-on the last line of the West half of the East half of said Southwu, l quarter, tlimce Scuth,W detces 14
tninutes,34 seconds Fast 1182.55 Feet Nvith said F4, s4 to a 518 inch mbk,,'thence Suuth:84 devisees 22 minutes 51
seconds. We.[ 50450 Poet-to a 578 iucli rebat; itiience Nortli67 degrees 02 n-unutes,s•29 seconds West 244.32=Feet to a
Mg nail; thelx e Nortlt 00 degiEes lO minutes 31 seconds West, 1088.40 fee to the pointroflbe inning, containing 19.55
acrd, mole or less.
Subject to all rights-of-way, and hedinenfeasements of ecord.;
16
EXHIBIT "11"
Plot 5
LEGAL DESCRWnON: Parcels 2 ii id 3
Pan of the Southwest Quarter of Section 36., Township 1'8 North, Binge 3.Fast'in11ainiltonCOtiiity; Indiana described as
follows:
Beginning at the Northeast comer of €lre West-Half of the'Souihwest c viler of Section 36, Township 18 North, Range 3
East: thence Soutln W degrees-l4,minuies'12'seconds'West onland alone the North line theia)of66.00 feet; thence South
00 degrees 10 minutes 31 seconds-East (asannedbearing) Parallel with dte.Easl litre of die West half of said Southwest
Quarter 1988.70:fed to dhe True Beginning Point of the real,estate;lieeih described;' thenceNortlr89 degees 40 minute's
42 seconds Fast 729.14 feed to a poincori'die Eastdirie of die, West half of die Fast Half of said.Soiahwest Quarter that is
1994.30 feet,south W degrees 14 minutes 51 seconds east of the North lure of said southivest quarter, thence South 00
degrees 14 nrinute.51, seconds Easton and along the Fast lineof said half Half Quarter, Section 63171 fed to the South
line of said Sourhwest.Quaner; thence'South`89 degees21 minuies 50 seconds Wesfoh and along said South line 729.96
feet to a point that is 661ee1 West of the East line of the West half of said. Southwesn (Mintier, thence north 010 degrees 10
minutes. 31'.secg_n&Mcst.parallel w tll saiil'Easl line 6302 feet to the"True Beginning Point; containing 10.630 acres,
More or less.
Suhjcct to an hrdiana Beg Telephone Cpmpany'Utility'?asevent recorded June 6, 1969, in 1_?eed,Rccor+i 229„ page 30;
subject to he Sign s of-way.for College venue:(Gud£ord Road) and I l6(' Str 3M,.subject to all other legal easement and
rights of way.
Less the lollo+ving Oeprl description for 2004 rand right of way conveyance):
A part ,ofdlie Southwest Quarter of Section 36.,Towttship.l8 North, lt'inge 3, Fast, Hamikton County, Indiana, and being
that pan' oflhe.gnurtor's.land lying within the nghtof-wny liners depicted on the attached Right-0f-Way Parcei Plat
nyAcd as Exhibit "'B" described as follows: Beginning:at the southeast comer ofthe WO Half of'said,quanur section
said southeast corner being gesigr> 9d as point "233" on said patcel,plat thence South 89, degrees 28 nninutes 02 seeoneLs
West 20.117 meters (66.00-rcet)'along die south line of said quarter section to the soudrwest'comer of the grantor's land;
thmoe North 0 degrees 04 minutes l9 smonds'"west 149.965-mders (492.01 fib) ,long the west line of the gruuor's land;
thence No iln 89 deegrroes 57'm tnut'es,00.seconds Fasi"22,290 meters (73.13 fed) to the point "883" des grated on said
parcel plat; thence South O.degees`03 nnnutes 00 .,seconds East I ] d000 meters (360.89 feet) to point "884" designated on
said parcel plat; thence South 38'deglees 56 minutes 13 -seconds Cast 4.564 meters (14.97'fea) to paint "885?' designated
on said panel ptati thence North 89`degecs'28 nninuttss 02 seconds Fast 90'.OW meters` (29528"feet) to point "886"
designated on said ,pwv el,plat thence South 1`7 ilea 53,minutes 12, seconds Cast,16.763 meters (55.00 fed) to point
"91 I" designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds Cast 81.We meters (265.75 feet) to
point "912" designated oirsaid parcel' plat:,theuce North 68 demos 54'tiunut'es,41 seconds,Fast:8.544' metem (28.03,f %4)
to point -913" designrated on said parcel plat; thence Noih 89 'degrees 28 minutes ,02- Cast 13245 meters (43.45
fw) to the east line of the West Half ofthe'East Fhlf of'said.quaner section; thence South 0. degrees 08 minutes 39
seconds East 23:201 ii lets (76;12 feel) along said eastlinc to the sot heart co erof said half'-half artcr section ilie ire
South S9 degrees 28 minutes 02 seconds West 20.375 meters (663.96'fy? ) along the south line sad quarter section to the
poiint oflxgnrtnang and containing 0:8965 hectares(2?l5,acres). more or less; inclusive of the presently existing right-
of-way, Which coutai110-1873`hectares (0.462 acres),'moic or.less. I]v portion ofthetabove-ddkr bed'real estate which is
not al eadyembtuced withinthe presently existing ng t- f way con gins 07092 hectare.+,{I.753 acres), more or less.
.17
EXHIBIT,"W'
Conceptual Si#ePlan
(See attached.)
18
EXIBB11'"C"
Concept a] BufldiirjwRlcvations
(See alt, ached.)
19
EXHIBIT "D"
Conceptual Landsc€ipePlans and'free Preservation Plans
(See attached)
20
EXIiB1T "T'-'
Designation of Parcels-1,s2, and 3'
Comprised of'Tax Parcel D nombeis`.17-09-36-00;-00-054.101 (Parcel 1), 17;09-3600-00-054.001 (Parcel 2) and 17-09=
36-00-00-054.000'(Pamel 3). Zthe northeast comer of 116" Street and GuilfordRoad.
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ENVflR:CINMN1'AL-STA'E'E14 FNT
Ile: Park;Flace
'The developer has.addressed°a number of environI enta.I matters-that should
enhance the pr oject;dti6luding the followirig:
Wetlaads A study was perfo rned'fiy Willsamn 'Creek'wheiein specific
wetlands on?tbe'site were identified: This report ryas presented to'the Corps
of Engineerstand,MEMA The,Corps responded with their confirmation of
the findings and,a determinaticin 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 ovincorporated into the final site plan in
whole. or in part.
Tree Preservation Plan: Existing trees on the site have been identifiedthat
are included in a defnitivemport showing how.tMi will be preserved in 'the
final-plan.
Permeable Paving: Thi's
some of the entryways-P
stormwater ruhdff to infili
the aggregate, subbase ma'
the developedsite and prc
suspended, solids-and othe
primentally friendly materi al will lie"used at
iota paving is a:pavement system that allows
lirough:a porous,pavement.surface and into
reducing the amount of+runoff releasedfrom
g water quality benefits through removal of
Irrigation with Storm'Water: Based upon groundwater levels-and.
retcation pond recharge, capabilities, the poteritial for the,use of stormwatei
for irrigation•of on-site landscape and.,lawn:areas will.be assessed.
Bio swales: The site will be evaluated.,for the potential taitncarporate 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 runoffby-surface, plants and. infiltration of runoff
.610 underlying permeable soils for the removal of suspended solids and
other pollutants tizat are harmful to.downstream ecosystems-and aquatic.life.
Building. Mi to ials: Today there have peen many.advances'in building
materials and ;systems that areImore energy efficient and environmentally
friendly.. Such thmgs?as increased'insulation, Low E windows, tankless
electric water heaters, Tliermo5h eld°inspections etc. We,will incorporate as
many°of tlieae'Stenis U practical into,theAesign of the building once we are,
in that phase.
Garden Plots; The ilevelopenhas? included areas on the conceptual site,in n
for garden plots: 'These-garden plots are.designed to allow residents ofthis
communityto.engage in small scale gardehing end eavorsMbich shoul&add
a pleasant aesthellc touch to,the_projeq and also allow residents to
pirticipaie in their gardening hobby.
Cress References:
(last decd of record)
COlM1M1'f'MENTS CONCERNING' TM USE
AND. DEVELOPMENT 0FREAL.ESTATE
In accordance: with. LC: 36.74-1512(a)(3) and 36-74-615, Guilford, Partners, LLC, an
lndiana I'm itedliability company,'(hacatler referred to as "Guilford"),;is the owner of real estate
located in Carmel, HauiiIton County; Indiana, which real estate: is described on,Exhibit A
attached.hereGo and made a part here f (hereafter referred to'as the "Real Estate"),-and makes•the
following commitments (fiereafter referred to as the•--touuninnents.) concerning the, use: and
development:of the Real=Estate-as the.Park Place rctiremeni,conuaunity to,the City of Carmel
Commbn Council' (hereafter referred to as the "Council") for Park Place Planned Unit
b) velopmentordinance.
Seefion 1. Cross Reference. These Conuhitments are made in connection with approvals
obtained under Ordinance: No. Z-500;06,, the Park Place Planned Unit Deiielopment.Ordinange,
approved by the Coi well w 2007 (hereafter:referred to as the "Park,Place PUD" ).
Section2. Ezhibfts. nie'following exhibits are-attached hereto and incorporated hercin by
reference'
"Exhibit "A; Attached hereto a4' neorporated herein by'referenee as Exhibif""i!"'is: the
legal description of the Rcal'Estate; and,,
Sectiod3, etlnttions: :Different words and terms are defined throughout- these
Commitments andthe aefrnitions below shall apply ihrougliciathese,Commitment§s.
Owner. The term "Owner" shall mean and.refer to Guilford and its successors and
assigns.
2: . tort' or Stories. The term "Story or•Stari&' shall rum and refer to:that part ofthc?
huilg:camprised between the level,of one finished floor aiid the level, of the next.
tiigtter' finished ftaor,
Section 4..Comm,itmenis. The Owner agrees and commits to the following:
Tlutt,the building to be construcfed':upon the Real Estate shall not-exceed.thrce (3)
Stor11 -
ies in height.
1 That the maximum nuinber of independent living' ilydts to be constructed upon the
1tea1 Esmte shelf not exceed one hundred and ninety. one (191), the inwdmum nt ufi er
,of assisted, living units to be constructed upon the Real Estate-shall,not.exceed twenty,
(20) and the meximum number of nursing; care units i5 be constructed upon the Real
Estate;shall not exceed twcntYeight (28).,
Section 5. Binding on?SuccesM These Comi&traents are binding on the. Owner of the`
Real Estate,and esoh subsequent, owner, of &,Real Estate; aud:each other person apqutiing,;an'
interest in the Real Estate., unless modified or I pted by the Council. 'These Commitments
maybe modified or terminated' only by a decision of the Council after a public hearing wherein.
notice as provided by the riles afthe,Council'has'been made. The provisions, of thii Parab'mph 5
notwithstanding,--thcsc'CornWtinents'shall terminate as,.to any,part or,paris of-the•Rcat Es)ete
Hereafter reclassified,(rezoned) fmm the Park;Place'Planned Unit Devclopment,Distriet;purswmI
Section b. Eltective`--Date. The Commitments contained herein shall be .effective upon the
occurrence of all of the following events
I. The adoption of the Park Place PUD Ordinance,, Ordinance No. M00745, by the
Council;
2. The comet element of the development of the Real. Estate :in accordance with the
assigomeitt of the feque§ted. Park Pl&e PUD classiiication'pursmat to Ordim ee NO2Z-
500-K as avidenced,,'by the Issuance of a. building, permit` and,i nprovement: location
permit, or their equivalent,,for-such development.
Section 7. Recording. Themndersigned hereby authorizes the Clerk Treasurer of the City
of Gsrmcl io record these Commitments,in,&.Oltice okhe Recorder of HamiltonaCounty
Indiana:,,
Section S. Enforcemen. These Commitments may be enforood by the Council end, any
propeny'owner within or immediately adjacentAo tlie,Red Estate.
2
IN`WITNF.SS WHFREOF 1he:Uwirerhas caused these Comrnitments'to:be:executed'as'of the
dare written,below.
By, buiiford-Partners; LI C, an Indiana limited liability company
By:
(name) (tFtle)
STATFOF INDIANA )
SS:
COUNTY OF )
Before me the uudersigned;-aN6tary Public in and for said County end State, personally
appeared - (name) Rifle) on behalf of
Guifford.Partners,,LLC, an, Indiana' limited liability company, who;acknowlodged the execution
of the foregoing Declaration for and on behalf of said limited liability company.
Wimass my hand and Notarial Sealthis day of 2007.
My Commission.Expires
Notary. Public
4sidi.ng'in County
Printed Name
Prepared Sy'Jamiz'E.=Shinaver, Nelson &'Frankenbergcr,"3105 ;vast 98'" Street, Suite,170,
Indianapol i"sjN 16280.
I affirm, .under the'penalties,of perjury; that I have taken reasonable care to red&ct each Social
Security number in this document, unless required by law, .Janses E. Shinaver
a+nd/mni?/wf6-puilfmdlcowtrllcpmrnlhnenls02(17D7
3
CER I'I'F'ICATION'OF THE CARNTEL PLAN C014MISSION'S-REC'OMAIIENDATION
ON THE PETITION OF THE CITY OF CARNIEL"
TO-AMEND,THE PARK PLACE PUD.ORDINANCE
PUR$VAN;T" I'O INDIANA,C-ODF 36-1-+-605:
ORDTNANCE.2-52 j-.08
An,Ordinance to Antend',the Park Place Planned Onit Development (PUD) Ordinance
To: The llonorahle Common,C.ouncil
of'tlie City, of CAi' el
Hamilton County, Indiana
Deai'Ntetnlicis
The Currie] Adviso"tyTlah Conimi`ssion offers.youIiiefollowm'g repgrt oif`the application to the.
Conuaission (Docket No. 68660016.0A), to amend °Ordinance 7-506-66:- l'ark.-Place POD, din
order to?inHude 2 pafcels in the PUD and,amend/add„text to regulate; the newly added parcels.
The sac is located at the?northcast conterof I'l6°i Strcet and Guilford -Road,
Thb Clarinet Advisoi'yTldn Coniiblssion's tecointnendation,on the petition is FAVORABLE:,
At„its ieeulnt`Ly sclicdiilcd megtiitg on:Au ust'19, 2008., the Conurtissioarvoted,ten (10), ill Favor,
zero (0) Opposed, zero (0) =Abstaining,. to Forward to the Common Cotinicil :the. proposed.
Ordinance 2=521-08 with?a,Favorabl_e Recornmendation,
please be advised that byvirme of the Commission's I'avorable Recommendation; pursuantto1C
36'7-4-607(c)(3), the Council has hiaet} (90),days;,to act. on this; petition, b6br_e il'becoines
cMective as?Gerti'fed',by the'Commission. Ninety daysTom,ttedate of the original Certification
(August 22,.2008) is Wednesday, November 20„200$:
ZEL LPACONINIISLeo Diercltman, President
advisbry Plan Commission
AugusCi2,,2&08
2009-OS21050600100A Zw321.09 PCCi7irintlmi