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HomeMy WebLinkAboutPacket 07-01-08 ~ City of Carmel CARMEL PLAN COMMISSION -MEMORANDUM- Date: To: From: June 20, 2008 Plan Commission Members Angie Conn Department of Community Services Re: .Iuly 1 Subdivision Committee meeting - Docket No. 07010008 Z Enclosed is the information packet for the following item. If you have any questions, please give me a call at 571-2417. 2. Docket No. 07010008 Z: 116th & Guilford Rezone The applicant seeks to rezone approximately 95 acres from I-lJIndustrial to R-l/Residence. The site is located at 1441 S. Guilford Rd. Filed by the Carmel Dept. of Conununity Services on behalf of the Cannel Plan Commission. There are no development plans associated with this petition, nor is any proj ect proposed. However, due to recent and proposed development in the surrounding area, a change in zoning, from its current l-llIndustrial to PUD, is being proposed to assure the Carmel Plan Commission and Cannel City Council have the greatest opportunity to review plans for the property should redevelopment be proposed at this corner. A new rezone and PUD ordinance amendment request will be presented at the July 15 Plan Commission meeting. Attached is a draft of this pun ordinance amendment to jump start discussions about the new rezone request. Most likely, docket no. 070100082 will be withdrawn. 2008-0620; PC Memo.rtf Page 1 ONE CI\'1C SQUARE CARMEL, INDIANA 46032 317 /571-2417 1 2 3 4 5 6 7 8 9 10 11 SPONSOR: Councilor Sharp 12 ORDINANCE NO. Z-5W=#-08 13 14 15 16 17 18 ~~ I 21 PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT r- ------ (amendincr Z-500-06)' -,_. - ~,-- --- -------------- ,--------- ----- - 22 23 24 25 26 27 28 29 30 31 I Deleted: ( I Deleted: as-amended) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SPONSOR: Councilor Sharp ORDINANCE Z-S1f#-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARl\1EL, INDIANA ESTABLISHING THE PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT (amending Z-500-06) WHEREAS, Section 31.6.4 of the Cannel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance"), provides for the estahlishment of a Planned Unit. Development District in accordance with the requirements of r.c. 9 36-7-4-1500 et seq.: WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has giwn a unanimous favorable recommendation to the ordinance set forth herein (the "Park Place Ordinance") which establishes the Park Place Planned Unit Develupment District (the "District"), which shall also be referred to as the "Park Place Ordinance." NOW, THEREFORE, BE IT ORDAINED hy the Common Council of the City of Carmel, 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 !]ot be null (and void and replaced and superseded by this Park Place Ordinance, and (iii) this Park Place Ordinance shall he in full force and effect from and after its passage and signing by the Mayor. Section 1 AvpJicability of Ordinance J.I Zoning Map The Official Zoning Map of the Cily of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance. is hereby changed to designate the ~parcels of land descrihed in Exhihit "A" and Exhihit "A I 'l (the "Real. Estate"), as a Planned Unit Development District to be known as Park Place. 1.2 Develooment Development in the District shall be governed entirely hy (i) the provisions of this Park Place Ordinance and its cxh!bits, 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 date of the enactment of this Park Place Ordinance. Section 2 Permitted Primary Uses. 2 Version I _ _ - -[ Deleted: (a;3mended) 1 2 3 4 5 6 7 8 9 10 11 ]2 13 ]4 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~.l Parf~ 1, 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. Permittcd uses shall include, "Nursing/Retirement/Convalescent Facility", "Assisted Living Eicility", "Clinic or Medical Health Center", and "Huspice" 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 tu 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 Parcelk~rmer uses. 12.3 Parcel 3. In addition to the u.ses on parcelone, i'hefOITowmg -uses shall be permitted: Puhlic Service Facility and all Office Uses listed in_~PP'endi."l.b: ~.!!e!:!lll~ of ,Uses in the Car.mcl/9ay Zo!.lil!g Ordnance. Section 3 Accessorv Buildings and Uses. All Accessory Structures and Accessory Uses shall be permined 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 10 provide service to the resident.. shall he permitted, so long as they do nut exceed twenty fuur (24) inches in diamete:r. Section 5 Heieht. Area and Development Reauirements 5.1 Parcel] Height and Area Requirements 5.1 (a) The maximum Building Height shall be tlfty-five (55) feet. ll.ilil The minimum front yard Set Back shall be sixty (60) feet from the perim~t~r boundary line of the Real Estate contiguous with Guilford Road. 5.1(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 propcrty line of the Real Estate shall be fifty (50) feet. D@ The maximum Parcel Coverage shall be twenty-five percent (25%). 3 Version I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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. :;.2 Parcel ,2 Height and An:a Requirements 5.2(a) The maximum Building Height shall be t~e!!,ly~Lh:..e (2~) feeL 5.2(b) The minimum front yard Set Back shall be sixty (60) feet from the perimeter houndary 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 ~wenty ~20) feet. 5.2(d) The maximum Parcel Coverage shall be twenty-live percent (25%). 5.3 Parcel;3 Height and Area Requirements 5.3(a) The maximum Building Height shall be Jwenty-flve (25) feet. 5.3(b) The front yard Set Back shall be a minimum of 1Q (ten) feet and a maximum of gQ (twenty) feet from the perimeter boundary line of the Real Estate conriguous with Guilford Road and/or I 16th 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 s~..vsiih percent (17.2%). 5f4 Conceptual building rendering and elevations fll Pared 1. _ ~~t~~I!.e9 _ i!.e.!"~t'? _a_n9_ incorporated herein by reference as Exhihit "C" are conceptual huilding images of the proposed building that may be constructed upon the Real Estate. The building tu be cunstructed upon the Real Estate shall consist of primary building materials, including hut not limited to, Masonry, brick, cast stone, stone, stucco, or fiber cement board, or the equivalent thereof. Any Iiber-cement board that is installed shall be installed hy a certified installer. Secondary building materials shall include, hut not he limited to, wood, simulated wood, cement plaster, or the equivalenls thereof. The main roof shapes shall have a minimum slope of twelve (12) horizontal to six (6) vertical. The final development of the building depicted on Exhibit "C' shall be subject to further ADLS review and approval. Section 6 Parkinsz Requirements 6.1 Parking RCQuircmcnts. 4 Version I { Formatted: Highlight 1 2 3 4 5 6 7 Ii 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2::; 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. QJ..(hl Each assisted living unil shall have one (I) on-site parking space per unit and every four (4) nursing beds shall have one (1) on-site parking stall. 6.1 (c) Tn 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. QJll!l There shall he a minimum of eight (8) handicapped parking spaces 10 servt: fared I. Parkin!! I,lr j'>arcd~ 2 and:l shali con"irlv wili all stattl i'lncj Itxkral QuidelineSD~nainiqg,!Q <J.l"ce~:;j,bi\it}. 6. I eei]5aI~(~2 C:Ocl r:- ,s!y'!'1I complY. ,:i!h Section__2] :.08 2f Jhe Carme]jC~y Zoning Ordinance! 6.2 Bicycle Racks. 6.2 (a) Parcel I: A minimum of two (2) and a maximum of four (4) hicycle racks shall be located around the huilding 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: Seclion 27]6: BIcycle Parking of the Carmel/Clay ~oning Ordinance applies! Section 7 L8ndscapin~ Reauirements The landscaping in the PUD District shall he designed to compliment the archilecture of the residential and commercial buildings. Slreet trees, streetscape plantings, and buffer areas shall be used to bring natural elements to the design patlern, in consultation with the Carmel Urban Forester. 7.1 General Landscaoine Standards. Landscaping shall he integrated with other functional and ornamental site design clements, where appropriate, such as hardscape materials, paths, sidewalks, fencing, or any water features. Plantings along buildings and streets should he designed with repetItIOn. structured patterns, and complementary textures and colors, and should reinforce the overall charactt:r 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, cte. 5 Version I ( Formatted: Highlight ] ( Deleted: ~1 : Deleted: tJl office us~ Deleted: ~hall have] parking Space per PO-squw" feet of popr,area. .P~1f\.;ing spaces req uire<.! 1 2 3 4 5 6 7 8 9 10 II 12 Jj 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 he at least 2.5" in caliper diameter when planted. Ornamental trees shall be at least 1.5" caliper diameter when planted. Evergreen trees shall he 6 'in height when planted. Shrubs shall he at least 18" in height when planted. Ornamental grasses shall obtain a mature height of at least 3'. 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 Exhihit "D"; 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 easements, rights-of-way, streets, paths, sidewalks, utilities and drainage improvements, infrastructure; and . As necessary for public health and safety as determined in cooperation with the Urban Forester. Existing vegetation may be used to achieve pr~iect 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. 7.2 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 Ihe area free of refuse, debris, rank vegetation and weeds. 7.3 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, selback, height, and architectural 6 Version 1 I 2 3 4 5 6 7 8 9 10 II 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 features. Window boxes for tlowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the hase of a building due to the huilding's proximity to a sidewalk, path, street, right-of-way or ease men I. Building base landscaping may help fulfill bufferyard requirements where applicable. Primary area building base Inndscaping shnll contain n minimum of 2 shade trees, 1 ornamental tree, and 9 shrubs per 100 linear feet of building perimeter. Shrubs. ornamental grasses, or other alternate landscaping techniques may he used to fulfill the building base landscaping requirements if approved by the Department. If building base landscaping cannot be installed due to a huilding's proximity to a sidewalk, path, street, right-of-way, or easement then landscaping may be installed elsewhere on the site to fulfill the huilding hase landscaping requirements. Appropriate alternate locations include. but are not limited to: inh:rior courtyards, sidewalks (as additional street trees), parking lots, alleys, etc. In addition, where facades abut the public right-or-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 he planted in locations to the south and west of huilding to allow for shade in summer months and greater sun exposure in the winter months. Evergreen trees should be used as windhreaks to buffer northwest winds. 7.4 Street Trees. Medium or large growing shade trees shaH be planted adjacent to the street right- of-way, parallel to each street, in planting clusters. As per City Standards. there will he a minimum of 25 street trees planted along the Guilford Road frontage. In areas of high pedestrian and commercial activity, tree wells shall he covered with decorative grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample passage area is provided. tree planting areas shall he treated as planting heds to soften the hardscape. As per City standards, no street trees shall be planlt:d in conflict with drainage or utility casements 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 Planting and Bufferyard RCQuirements Perimeter landscaping along the properly lines shall he 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 7 Version I . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 scret:n parking areas, outside storage areas, loading berths, trash and refuse containers, and so forth from view. 7.6 Parkin!:! 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; ~ 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) shrubs and/or ornamental grasses per one hundred lineal feet (lOOLF) of strip. Perimt:ter planting may occupy tht: same space as a required bufferyard and may contribute towards Perimeter Bufferyard Reguirements. 7.6 (c) Pedestrian Corridors For any pedestrian corridors, where adeguate space exists, trees, shruhs and groundeover shall be planted. Section 8 Plattinl!: The platting of the Real Estate into smaller tracts shall be permitted administratively, so long as the proposed plat complies with the art:a rt:quirt:mt:nts set forth hert:inabove in St:ctions 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 thoSt: 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 requirement" of Section 12 helow, and all other applicable requirements contained in this Park Place Ordinance. Section 9 Lil!:htimz Reauirements 9.1 Lighting Requirements .2..l.Utl Lighting shall be in accordance with the lighting standards and requirements as the same arc set forth in tht: Carmd/Clay Zoning Ordinance. 8 Version I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 9.1(b) The maximum height of light standards in parking areas shall not exceed twenty (20) feet. When light standards abut ur fall within ninety (90) feet of single family residence, their height shall not exceed fifteen (15) feet. 2Jill Parking area lighting amI stn:et lighting shall be of uniform design and materials. .2J@ Exterior lighting shall be architecturally integrated with the building style, . material and color. Rooftop lighting shall be prohibited. 2Jill Exterior lighting of the building or site shall be designed so that light is not directed oIl the site and the light source is shielded from direct offsite viewing. For any use, illumination levels shall not exceed 0.5 footcandlc at the property line. Section 10 Signage 10.1 GroundlEntryway Si gns for Parcel I. .l.QJlill Type: One (1) Ground/Entryway Sign shall be permitted per each entrance to the site. The building materials and design for any GroundlEntryway 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 nO) square feet each. .l.QJis;} Illumination of Sign: External. 10. 1(d) Sign Permit: Required. 10. He) 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. :rn3 Signag'; for Parcels 2 and 3: Signage shall be permitted, butshall be sub.ICct to jhe requirements and stan!!.ardl governing tbe same p'~rsuant to the ~ar,!l1~/Clay Sigl! OI..din~nce. Section 11 Mechanical Eauipment Any mechanical equipment visible from an adjoining public street shall be screened with suitable landscaping or fencing in general architectural compatibility with the building(s) with which it .is associated. Fencing materials may include brick, stone and oLher attractive masonry screening materials. To 9 Version I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 Ordinanct: art: in accordance with tht: n~quirt:mt:nts of I.c. 36-7-4- 1500 et seq. and are expressed in detailed terms as provided under r.c. 36-7-4- 1509(a)(2). Further, as permittt:d undt:r I.C. 36-7-4-1509(e), jht: approval process contained in this Section 12 shall be adhered to in order to obtain an improvement location permit. 12.2 Approval or Dt:nial of tht: Primary PlatlDevelopmt:nt Plan. 12.2(a) Exhibit "B", which is attacht:d ht:rt:to and incorporated ht:rein by reference, shall serve as the Conceptual Plan (the "CP") fur Parcell. .. - - ... However, the CP does not constitute the approved development plan and primary plat for the Rcal Estate 2,1' Parc~l}, nor docs it constitutc thc approved architecture, design, lighting and landscaping for the Real Estate. The buildings, landscaping, and other associated improvements, considered in connection with the Park Place Ordinance <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 Committet: thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. 12.2(b)The Director shall havt: the solt: and t:xclusive authority to approve without conditions, approve w.ith conditions, or disapprove the Secondary Plat (tht: "SP") and the Final Dt:vt:lopment Plan ("FOP") for the Park Place Ordinance fgr p.f!fcel I,; provided, however, that the Director shall not unreasonably withhold or dt:lay 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 fOrLh in writing the basis for Lhe disapproval and schedule the request for approval of the SP and FOP for a hearing before the full Plan Cummission. 12.2(c)An amendment to the SP or FDP for farcel 1, which is not determined by the Director to be a Substantial Alternation or Material Alteration from the approved development plan/primary plat, may bt: reviewt:d and approved solely by the Director. However, in the event the Director determines that there has been a SubstanLial Alteration or Material Alteration between the approved development plan/primary plat and any proposed SP or FDP, the 10 Version I I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Director may, at the Director's discretion, refer the amended SP or FDP to the Commission, or a Commillee thereof, for review and approval by the Commission and/or a Committee thereof. 12.2(d)The SP and FDP'ror Parcell shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be construcled, 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: ll..!.D!l The singular number includes the plural and tht: plural the singular, unless the context clearly indicates the contrary. .ll..lili.}Words used in the present tense include the past and future tenses, and the future the present. ~The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requin:mt:nt. 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. Accessorv Use: A use subordinate to the main use, Jocaled 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 101 ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and the mean height between eaves and ridges for gable, hip and gambrel roofs. E. City: The City of Carmel, Indiana. F. Commission: The Carmel/Clay Plan Commission. G. Conceotual 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 II Version I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IY 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3H 39 40 41 42 43 44 45 46 47 access, drainage features, and building locations and is depicted on Exhibit "B", which is attached hereto and incorporated herein by reference. H. Council: The City Council of the City of Carmel, Indiana. 1. Counrv: 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, bt:- arnt:-ndt:-d. K. Develooer. 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. M. Final DeveloOl1lent Plan. A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan review includes landscaping, parking, drainage, signage, lighting and building information for the site. N. 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 (l 0%) of the plan's total area or approved materials. Q. Parcel Coverage: The total ground area, within the Real Estate, covered by buildings and accessory structures which arc greater than eighteen (18) inches abow 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 descrihed in Exhibit "A". s. Right-of-Way: An area of land permanently dedicated to provide light, air and access. 12 Version] 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 14 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 perimetcr boundary of the Real Estate. For purposes of determining Set Back, the perimeter buundary of the Real Estate (i) shall always mean and refer to the outside perimeter houndary line of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. v. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Canncl-Clay Township, Ordinance Z-I96, 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 he not be calculated and/or based on a continuing basis. 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 Onieer Joseph C. Griffiths Kevin Rider Richard L. Sharp, President Pro Tempore John V. Aceetturo W. Eric Seidensticker Ronald E. Carter Luci Snyder 13 Version] I 2 A TrEST: 3 4 5 6 Diana L. Cordray, IAMC, Clerk-Treasurer 7 8 9 Presented by me to the Mayor of the City of Carmel , Indiana this _ day of 10 2008, at _.M. II 12 13 14 Diana L. Cordray, lAMC, Clerk-Treasurer 15 16 17 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 18 2008, at .M. 19 20 21 22 James Brainard, Mayor 23 24 A TIEST:. 25 26 27 28 Diana L. Cordray, IAMC, Clerk-Treasurer 29 30 31 This Instrument prepared by: Angie Conn, Planning Administrator 32 Carmel Planning & Zoning Division 33 City of Carmel, Indiana 46032 34 35 36 This Instrument reviewed hy: John -Mo'ITtor, Carmel Plan Conlmisslon Allorn~y 14 Version I I 2 EXHIBIT "A" 3 LEGAL DESCRIPTION 4 Situate in the Slate of Indiana, County of Hamilton and being a part of the Southwest qUarter of Section 36, 5 Township 18 North, Range 3 East of the Second Principal Meridian, more particularly dCSl-Tibed to wit: (i 7 Commencing at a SIR inch rehar marking the Northeast comer of the West half of the Soutlm'CSt qU3J1er of 8 Section 36, Township 18 North, Range 3 EaSt; tllCllCC South 89 degrees 15 minutes 14 ~ond<; West 66.00 9 teet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40 10 teet to a mag nail and tile true point of beginning of the real estate herein described; thence North 89 degrees 11 39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of tllC West half of tllC East half of 12 said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East 1182.55 feet witl1 said East line 13 to a 5/8 inch mhar; thence South 89 degrees 22 minutes 51 seconds West 50450 Poet to a 5/8 inch rehar; 14 tl1ence Nortl167 degrees 02 minutes 29 second.. West 244.32 feet to a mag nail; tl1ence North 00 degrees 10 15 minutes 31 seconds West 1088.40 feet to tl1e point of beginning, containing 1955 acres, more or less. 16 17 18 Subjt:Ct to all righls-of-wayand pcJtinent easemenls of record. Comp'rised of Tax Parcel ill number 17-00-36- _ ( Formatted: Highlight 19 ~.IOIJ~arCeiil ---- 15 Version] .r 1 EXHIBIT "J\.1~~ 2 3 LEGAL DESCRIPTION 4 Plot 5 5 6 Part of tht: Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, 7 described a<; follows: 8 9 Beginning at the Nor\hea<;t comer of the West Half of the Southwest Quarter of Section 36, Township 18 10 North, Range 3 East; thence South 89 degrees 14 minutes 12 seconds Weston and along the North lire tht:reof II 66.00 fee~ thence South 00 degrees 10 minutes 31 second<; East (assumed bearing) parallel v"ith the East line 12 of the West half of'said Southwest Quarter 1988.70 teet to the True Beginning Point of the real estate herein 13 described; tht:nce North 89 degrees 40 minutes 42 seconds East 729.14 feet to a point on the East lire of the 14 West half of the East Half of said Southwest Quarter that is ]994.30 feet south 00 degrees ]4 minutes 5] IS St:COnds east of the North line of said southwest quarter; thence South 00 degrees 14 minutes 5] seconds East 16 on and along the East line of said half Half Quarter Section 632.71 teet to the South line of said Southwest 17 Q~r; tht:rn.:e South 89 degrees 2] minutes 50 seconds West on and along said South line 729.96 feet to a 18 point that is 66 feet West of the East line of the W cst half of said Southwest Quarter; thence north 00 degrees 19 10 minutes 31 seconds West pamIJel with said ~t. ~. ~ the reg 20 21 Comprised oCTax pan:el ID numbers 17-09-36-00-00-054.cXlI (pmreT 2) and -17:D9-:J.6-ffi.OO-054.lXX) 22 (P~] 3) auhe northeast cameral"] Hj," Street and GuilfDrd Road.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ -l Formatted: Superscript 23 24 16 Version 1 1 2 3 4 5 6 7 EXHIBIT "B" Conceptual Site Plan (See Brochure Exhibit No.3.) 17 Version 1 H,\I_d07,u.oio"l{.& Il-J ).:..t.... \1.u.""W'......:l.Iilr..rd PlIrl........l'-n.....t-'1J() ll_..11ll2w....... 1 2 3 4 EXHIBIT "C" Conceptual Buildinsz Elevations (See Brochure Exhibit No.5.) 18 Version 1 1 2 3 4 5 EXHIBIT "D" Conceptual Landscape Plans and Tree Preservation Plans (See Brochure Exhibit No.4.) 19 Version 1 1 2 3 EXHIBIT "E" Parcels 1 through 3 . 20 Version I L.