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Page 1 of 2 _--- Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, September 30, 2008 1:16 PM To: Stewart, Lisa M; Mark Shegon; 'Dave Coots' Cc: Boone, Rachel M.; Blanchard, Jim E; Brennan, Kevin S; Brewer, Scott I; Coy, Sue E; DeVore, Laura B; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Tingley, Connie S; Duncan, Gary R; Redden, Nick; Weddington, Trudy A.; Donahue-Wold, Alexia K; 'John Molitor' Subject: Docket No. Assignment: (OA) Park Place PUD ord amend (#08090032 OA) I have issued the necessary Docket Number for (OA) Park Place PUD Ordinance Amendment. It is the following: Docket No. 08090032 OA: Park Place PUD Ordinance Amendment A lication Fee: $825.00 Total Fee: $825.00 Docket No. 08090032 OA: Park Place PUD Ordinance Amendment The applicant seeks approval to amend Ordinance Z-500-06, Section 5.1 .e: Park Place Planned Unit Development in order to amend the breakdown of unit types. The site is located northeast of 116th St & Guilford Rd and is zoned PUD/Planned Unit Development. Filed by E. Davis Coots of Coots Henke & Wheeler for Greystone Communities, Inc. Petitioner, please note the following: 1. This item does not need to be on an agenda of the Technical Advisory Committee (TAC). 2. Mailed and Published Public Notice needs to occur no later than Friday, October 24. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see application. 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than NOON, Friday, November 7. 4. Proof of Notice needs to be received by this Department no later than Noon, Friday, November 14. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This item will appear on the November 18 agenda of the Plan Commission (under "Public Hearings'). (A representative must be present.) 6. This item might also appear on the December 2 agenda of the Plan Commission Special Studies Committee. (A representative must be present.) Mr. Dave Coots, project attorney, can be contacted at 844-4693. Mr. mark Shegon, property owner contact, can be contacted at (972) 402-3730. PETITIONER: refer to your instruction sheet for more detail. Petitioner, als_o_pleas_e_provide the_following: 1. The appropriate filled out public notice documents, public notice affidavits, copy of property adjoiners list, etc. 2. A chart showing the current breakdown of unit types, the proposed breakdown of unit types, and the breakdown of unit types committed to the city council with the original rezone. Thank you, Angie Conn, Planning Administrator Dept. of Community Services -Planning & Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p. 317-571-2417 f. 317-571-2426 aconn~carmel.in.oov ~ Please consider the environment before printing this a-mail 9/30/2008 ~J p ~,(~ O CAD lYl U~l c-2 ~Yv1P~1'~0`~Vvl-Bv~- ~ ~ - R-~ APPLICATION - ~~ PEI'Il'ION TO C1IANGE'1'HE OPFICIAI. ZONINGS TEXT INCORPORA"1'ED BY REFERENCE INTO "PHE CARMEI./CLAY ZONING ORDINANCE R`C~ , .rp FEES: 825.00 plus $114.50 per acre ' (PUD $z,e7s.oo, pens $u4so per acre) ~ ~ ~11~+5 09/30/08 'a%~ \ Date: /~ ,h~7 /~ Docket No.: lJ~t_/-I0O 3"Z ~/-t •NamcofOwner:Mayflower Communities, Inc. PhoneNo.:(972)402- 3730 c/o Greystone Communities, Inc. • Attn: Mark Shegon rnsl)e90n~ greysrorF~ Owner's Address I'ax No. (~ - C,~ W1VN U/li ~ P~ 222 W. Las Colinas Blvd., 1f2100 Email: ~ ~~v~ City. State. ZIP Irving, TX 75039 ,Contact Person Name and Company: E. Davis Coots / Coots Henke & Wheeler ~P_.C. Contact Person Phone. Fax. 1'mail: Ph: 844-4693 Fax: 573-5385 Email: dcoots@chwlaw. com Contact Person Address: 255 E. Carmel Drive, Carmel, IN 46032 • Record of Ownership: Deed Book: Page: Purchase Date: • Legal Description (Use additional page(s) if necessary): See attached Rxh; h; r "A" • Common Address of Property Involved (or General Description if no Address Exists) 19.55 acres located along the east side of Guilford Ave., 6 Fi.7~ faet *+o th of 116th reet, arme~ • Tax Parcel IU Nos.17-09-36-00-00-034. 101 ll~tl~i=U~Q~et~tr-ty, IN Proposed Zoning Change: • Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary): The property is presently zoned Park Place Planned Unit Development District ("PUD") and will remain as zoned, The PUD Ordinance adopted 2/9/07 by the ('armel City Council includes paragraph 5,1(e) "There shall be a maximum of one hundred ninety five (195) independent residential living units, twenty (20) assisted living units, and twenty eight (28) nursing care units." The Applicant seeks to amend paragraph 5.1(e) as follows: "There shall be a maximum of one hundred seventy-one (171) independent residential living units, forty-four (44) assisted living units, eighteen (18) memory support assisted living units and ~v~ne~l PUS thirty (30) nursing care units." ~-500-~n~ Sec+-pan 5o1.e, Revised 12/20/2007 Filename: Rezone Application 2008.doc AFFIDAVIT (I/We), being duly sworn, depose and say that (I/We) (am/are) the (owner(s)) of Fifty Percent (50%) or more of the propert -ii ved in this application nd that the foregoing signatures, statements, and answers herein contained and the infor atic h rewi[h sub ' t d ar in all respects true and correct to the best of (my or our) knowledge and belief. Mayflower Communities. Inc. Signature (typed or printed) 222 W. Las Colinas Blvd., IF2100 Address Irving, TX 75039 City, Stale, ZIP The applicant, correspondent, or agent (if di fferenl from owner or owners) Name Telephone Date E, Davis Coots Name (317) 844-4693 2~.le~h~ Date State oflndiana ) SS: County of Hamilton ) Before me the undersigned, a Notary Public for Hamilton (officer's county of residence) County, Slate of Indiana, personally appeared E. Davis Coots and (name~o}f person(s)) acknowledged the execution of the foregoing instrument this ~ ' ` day of ~ - - - ~_ i- _ ~~j ' "' = ,~~ - My commission expires: I I~~~~t~/ 1 ~ - - ~ - AL:an n ~_ ~~ _ ~ v __ V _ _ ;Cprioted or typed) _„ _~ .-. EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1 Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to wit: Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch rebar; thence South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less. Subject to all rights-of-way and pertinent easements of record. -REZONE APPLICATION - PETITION TO CHANGE THL' OFFICIAL ZONIN'G~ TEXT INCORPORATED Bl' REFERENCE INTO THE CARMEL/CLAY ZONING ORD FEES: 5825.00 plus 5114.50 per acre (PUD 52,675.00, plus Sl 14.50 per acre) 09/30/08 Date: Docket No.: • Name ofOwner:Mayflower Communities, Inc. Phone No.: (972) 402. 3730 c/o Greystone Communities. Inc Attn• Mark Shegon Owner's Address 222 W. Las Colinas Blvd., ~{2100 City. State. LIP Irving, TX 75039 Fax No. ~) Email: ~~p ;~~ ~~C~ •Contact Person Name and Compam: E. Davis Coots / Coots- Henke & Wh 1 r~ P C. Contact Person Phone. Fax. Email: Ph: 844-4693 Fax: 573-5385 Email: dcoots@chwlaw. com Contact Person Address: 255 E. Carmel Drive, Carmel, IN 46032 • Record of Ownership: Deed Book: Page: Purchase Date: • Legal Description (Use additional page(s) if necessar}~): See attach d Fxhi hi "A" • Ccmmon Address of Properly Involved (or General Description if no Address Exists): 19.55 acres located alon the east side of Guilf th of 116th reet, acme • Tax Parcel ID Nos.17-09-36-00-00-054 101 y.uai~ten-C~,zy, IN • Proposed Zoning Change: • Sta[ement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary): The property is presently zoned Park Place planned Unit Development District ("PUD") and will remain as zoned. The PUD Ordinance adopted 2/9/07 by the Carmel City Council includes paragraph 5.1(e) "They cha1l be a maximum of one hundred ninety five (195) independent rec'dPnr• ~ living units, twenty (20) assisted living units, and twenty eight (28) nursing care units." The Applicant seeks to amend paragraph 5.1(e) as follows: "There shall be a maximum of one hundred seventy-one (171) independent residential living units, forty-four (44) assisted living units, eighteen (18) memory support assisted living units and thirty (30) nursing care units." Revised 1220/?OW Filename: Rezone Application 2l)OS.doc A FFIDA VIT (1/We), being duly sworn. depose and sey that (UWe) (am/are) the (owner(s)] of Fifq• Percent (50%) or more of the propert ~it ved in this application nd [hat the foregoing signatures, statements. and answers herein contained and the infor ati h~rewith sub ' ~ ar in all respects true and correct to the best of (my or our) knowledee and belief. sr ~n Mayflower Communities, Inc Signature (typed or printed) 222 W. Las Colinas Blvd., X12100 Address Irving, TX 75039 City. State, ZIP The applicant. correspondent. or agent (if different from owner or owners) Name Telephone Date Statc of lndiana 1 SS: Count' of Hamilton ) E. Davis Coots Name (317) 844-4693 • Z.leph~ Datc Before me the undersigned, a Notary Public for Hamilton (officer's eounn• of residence) County. State of Indiana, personally appeared E. Davis Coots acknowledeed the execution of the foregoing instrument this ~tCrY~~ . zoo. (namegqof person(s)) C. l day of and My commission expires: ~ (~~~~~/ 1 AL an na V Iprinced or typed) EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1 Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to wit: Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half quarter, thence South 00 degrees 10 minutes 31 seconds East 771.40 feet to a mag nai] and the true point of beginning of the real estate herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East 1182.5 feet with said East line to a 5/8 inch rebar; thence South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar, thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees ] 0 minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less. Subject to all rights-of--way and pertinent easements of record. ~~~ ~~ ~` ~~.CENtiJ ~ ~,, The Barrington of Carmel ~QG$ Mayflower Communities Inc. -Owner Greystone Communities Inc. -Development Consultant ~ Unit Mix Matrix Area of Modification Proposed Unit Mix Previous Unit Mix Variance lndependentLiving 17l 191 (20) Assisted Living 44 20 24 AL -Memory Support 18 0 18 Nursinu 30 28 2 Total 263 239 24 ~~ t ~. ~ ~~~~ -. Park Place PUD (unit type, breakdown of) rode endenf ., ' assisted nursin care memo su ort currentPUD-' - ~ 195 20 28 n/a City Council PUD commitments 191 20 28 n/a proposetlPUD amend 171 44 30 18 dafe~9-30-08 b~~. Do C5 Park Place PUD (unit type, breakdown of) rode endent assisted nursin .care . memo su ort current PUD ~ 195 20 28 n/a City Councif PUD commitments 191 20 28 n/a proposed PUD amentl' ' ~ ~ 171 44 30 18 dw~--~ ~-~0~08 ~' ~d~S SPONSOR: Councilor Sharp ORDINANCE Z-500-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDLAi\'A ESTABLISHING THE PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT ~ ©ri9ir~a1 t`~'ark- Place. WUD F- 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 LC § 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 ORDANED by the Common Council of the- City of Carmel, Indiana (the "Council"), that (i) pursuant to IC §36-7-4-1500 et seg., 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 Apglicability of Ordinance 1.1 Zonine Man The Official 'coning Map of the City of Carmel and Clay Township, a part of the CarmellClay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate"), as a Planncd 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 Carntel/Clay Zoning Ordinance specifically referenced in this Park Place Ordinance. in the event of a conflict beriveen this Park Place Ordinance and the CarmellClay Zoning Ordinance or the Sign Ordinance, the provisions of this Park Place Ordinance shall apply. L3 Capitalized Terrns Any capitalized term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this Park Place Ordinance. 2 Section 2 Permitted Primary Uses. The Park Place Ordinance, is intended to permit a frill service Iifecare retirement community that shall provide independent retirement living, assisted living, and nursing care. Permitted uses shall include, "Nursing/Retirement/Convalescent Facility", "Assisted Living Facility", "Clinic or Medical Health Center", and "Hospice" as the same are defined in the Carmel/Clay Zoning Ordinance. However, in connection with the foregoing uses, full time-twenty four (24) hour medical staff and medical facilities shall be perntitted to provide full diagnosis, treatment, and therapy of all medical and health care issues, as well as on-site restaurant facilities to serve the residents and their guests. Section 3 Accessory Buildines and Uses. All Accessory Structures and Accessory Uses shall be permitted except that any detached accessory building shown on any development plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. A temporary on-site sales office and/or sales trailer shall be permitted. Section 4 Communication 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 S.l Height and Area Requirements 5.1 a The maximum Building Height shall be fifty-five (55) feet 5.1 b The minimum front yard Set Back shall be sixty (60) feet from the perimeter boundary line of the Real Estate contiguous with Guilford Road. 5.1 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 property line of the Real Estate shall be fifty (50) feet. S.i(d] The maximum Parcel Coverage shall be twenty-five percent (25%). 5.1 e There shall be a maximum of one hundred ninety five (19~) independent residential living units, twenty (20) assisting living units, and twenty-eight (28) nursing care units. 5.2 Conceptual building rendering and elevations Attached hereto and- incorporated herein by reference as Exhibit "C" 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 ADLS review and approval. Section 6 Parking Requirements 6.1 Parkin¢ Requirements. 6.1 a Each independent residential living rmit shall have one and four-tenths (1.4) covered garage spaces or on-grade parking stalls on site. 6.1 b 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. 61 d There shall be a minimum of eight (8) handicapped parking spaces to serve the site. 6.2 Bicycle Racks. 6.2 a 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. 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 Carniel Urban Forester: 4 Z1 Genera] Landscaaing_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 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 Exhibit "D"; however, said trees may be removed under any of the following circumstances: As is necessary to char 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 4vith 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. 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 5 and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. 7.3 Building Base Landscaping 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 architectmral features. Window boxes for Flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannoC 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 mininnun of 2 shade trees, I ornamental tree, and 9 shrubs per l00 linear feet of building perimeter. Shrubs, ornamental grasses, or other alternate landscaping techniques may be used to fulfill 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 the site to fitlfill 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. 7.4 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 will be a minimum of 25 street trees planted along the Guilford Road frontage. 1n areas of high pedestrian and commercial activity, tree wells shalt be covered with decorative 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. As per City standards, no street trees shall be planted in conflict with drainage or utility easements or struchires, underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical 6 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 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 Parkine Lot Landscanine. tiVhere parking lots are visible, the following requirements shall apply: 7.6 (al Lot interior. Minimum of one (l) shade tree per nine (9) parking spaces, with a minimum of four hundred square feet (400 SF) oY' 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 he provided on all sides of lot (except where parking spaces abut curb-to- building sidewalk) including tour (4) shade trees and twenty-five (25) shn~bs and/or ornamental grasses per one hundred lineal feet (100LF) 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 Por any pedestrian corridors, where adequate space exists, trees, shrubs and groundcover shall be planted. 7 Section 8 Plattine The platting of the Real Estate into smaller tracts shall be permitted administratively, so long as the proposed plat complies with the area requirements set forth hereinabove in Sections 5, 6, and 7, and the creation of a new property lines within the Real Estate shall not impose or establish new development standards beyond those specified above in Sections 5, 6, and 7, for the entirety of the Real Estate. However, the development of any parcel shall conform to the requirements of Section 12 below, and all other applicable requirements contained in this Park Place Ordinance. Section 9 Li~htine Requirements 9.1 L~hting Requirements 9.l a Lighting shall. be in accordance with the lighting standards and requirements as the same are set forth in the CarmellClay 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 (l5} feet. 9.1 c Parking area lighting and street lighting shall be of uniform design and materials. 9.1 d Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. 9.1 e Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use, illumination levels shall not exceed 0.5 footcandle at the property line. Section 10 Si na e 10.1 Ground /F.ntryway Signs . 10.1 a Tvoe: 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 Si ng Area: Thirty (30) square feet each. 10.1 c Illumination of Sien: Bxtemal. 10.1 d Sign Permit: Required. 8 10.1 e Fees: Required. 10.2 Wall Siens and Other Si naae. Wall signage and other types of site signage shall be permitted, but shall be subject to the requirements and standards governing the same pursuant to the Carmel/Clay Sign Ordinance. Section 11 Mechanical Equipment Any mechanical equipment visible from an adjoining public street shall be screened with suitable landscaping or fencing in general architectural compatibility with the buildi~rg(s) with which it is associated. Fencing materials may include brick, stone and other attractive masonry screening materials. To the extent practicable, mechanical egripment should be placed on the roof and screened by the parapet. Section 12 Approval Process 12.1 Nature ofDevelonment 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- 1 ~09(a)(2), Further, as permitted under LC. 36-7-4-1509(e), he 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 Primes Plat/Development Plan. 12.2 a Exhibit "B", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP"). However, the CP does not constitute the approved development plan and primary plat for the Real Estate, nor does it constitute the approved architechtre, design, lighting and landscaping for the Real Estate. The buildings, landscaping, and other associated improvements, considered in connection with the Park Place Ordinance shall require further (i) ADLS approval and (ii) development plan/primary plat approval. The Secondary Plat and Final Development Plan approval procedures are set forth below in this Section 12. If there is a Substantial Alteration in the approved ADLS and development plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. 12.2 b The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Secondary Plat (the "SP") and the Final Development Plan ("FDP") for the Park Place Ordinance; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the SP and/or FDP that is in substantial conformance with the development plan/primary 9 plat and is in conformance with the Development Requirements of this Park Place Ordinance. If the Director disapproves any SP or FDP, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the SP and FDP for a hearing before the full Plan Commission. 12.2 c An amendment to the SP or FDP, which is not determined by the Director to be a Substantial Alternation or Material Alteration from the approved development plan/primary plat, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved development plan/primary plat and any proposed SP or FDP, the Director may, at the Director's discretion, refer the amended SP or FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. 12.2 d The SP and FDP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information. Section 13 Definitions and Rules of Construction 13.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: 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.] c The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. 132 Definitions A. ADLS: Architecture, design, lighting, landscaping and signage. B. Accessory Structure: A structure subordinate to a building or use located on the Real Estate that is not used for permanent human occupancy. C. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. 10 U. 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. Cam: The City of Carmel, Indiana. 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. FI. Council: The City Council of the City of Carmel, Indiana. Coun :Hamilton County, Indiana. 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. M. Final Development Plan. A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities; buildings, and structures. This plan review includes landscaping, parking, drainage, signage, lighting and building information for the site. N. Masonry: Masonry shall include brick, cast stone, stone or the equivalents thereof O. Material Alteration: Any change to an approved plan of any type that involves the substihttion 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. 11 Q. Parcel Coveraee: The total grotmd area, within the Real Estate, covered by buildings and accessory structures which are greater Chan 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 Estale boundaries. R. Real Estate. The Real Estate shall mean and refer to al] of the Real Estate described in Exhibit "A". S. Right-of-Wav: An area of land pernianently 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 stntcriire, 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 reason of the platting or subdivision of the Real Estate into smaller parcels. V. Sign: Any type of sign as further defined and regiilated 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 shalt be not be calculated and/or based on a continuing basis. Section 14 Violations All violations of this Park Place Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana this `q~day of ~'",,,,Q~uaaM,,~. , ?007, by a vote of ~_ ayes and 1 nays. 12 COMMON COUNCIL FOR THF, crTV nF C'ARMF.r. P siding Officer Pro Tempore ~nald E. Carter F rick J. G er ATTEST: Diana L. Cordray, D PP as ~~ Mark Rattermann Richard L. Sharp Presented' by me to the Mayor of the City of Carmel, Indiana the 1 q~ day of .sQy~u , 2007, at 7: 0 Q o'clock ~ .M. `-Cl~t~a Diana L. Cordray, IAMC, Clerk Tre rer -Y~ ^ Approved by me, Mayor of the City of Carmel, Indiana, this 1 q day of .y'.a.Ql~t,~w , 2007, at `7 : 0 $ o'clock ~.M. J es Brainard, Mayor ATT S~~ Diana L. Cordray, IAMC, Clerk easurer l3 Brian D. Mayo This Instrument prepared by: James E. Shinaver NELSON & FRANKENBERGER 3021 East 98`~ Street, Suite 220 Indianapolis, iN 46280 This Instrument reviewed by: Wayne Beverage WLB Associates, Inc. 16656 Brownstone Court Westfield, In. 46074 l4 EXHIBIT "A" Leval Description LEGAL Situate in the Slate of Indiana, CoLUtty of Hamilton and being a part of the Southwest quarter of Section 36, Towr>ship 18 North, Range 3 East of the Second Principal Meridian, more particularly described to wit: Commencing at a 5/8 inch rebar marldttg the Northeast comer of the West half of the Southwest quarter of Section 36, To~croship 18 North, Range 3 Vast; thence South 89 degrees 15 minutes l4 seconds West 66.00 feet with the North line ofsaid West half quarter, thence South 00 degrees l0 minutes 31 seconds East 771.40 feet to a mag nail and the tme point of beginning of the real estate herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of said Southwest quarter, thence Soufli 00 degrees 14 minutes 34 seconds East 1182.55 feet with slid East line to a 5/8 inch mbar; thence South 89 degrees 22 minutes 51 seconds West 504.50 Pcet to a 5/8 inch rebar; thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the point ofbeginning, contaitilng 19.55 acres, more or less. Subject toallrights-o£-way and pertinent easements ofrecord. 15 nn~rwzw~~¢ ~ n.-n van. mui.r..wc~ra.wu>a r.n.u. c....rauo c~.n uozoc.e~ ~ try I ~ ~.:~,; atr- ~f e: ppew ~, - ~~wrw.v~ p~:~sF rr•r ~ G~g Sp ~3 ~~- r, =>F - -- ~ - ---~--~- - -- w >ti,,, _ ~, ,. ~ - R. _ _ --- /o~nn~i,~~~~ . 000 .. - _ ~' INOFPENDENT WING ^Q^ ,vii p • J~~ gpgplMEMS H 4 ~~` s ~ _l: ~ ~ \1 1 '~ i s • ....~ / coLwGNmcorwws I WDF-0ENDEM LNMG WELLNESS CE"IEft 1 - slm.xmrr mrNw : ~ I .VUtTNFG+TS ~ - % i ar wxuow r~rxn'r 5 I I - //~~i~iii~% ~% ,II I x 1. ~ ~ ~ , 1 '. _ '/ 1 i 11 INOFPfND 'Nls INDEPEND~N ~WWG ~ 'I , ~ I ~ \~ ~...e..a w..on.~M:~..L'.w _ _ _ _ r. ~eLSCw -.- _ _ - ~ _ _ ___ _ _ ___ IR"I. NV ___ 1 D® . ~ - - _- _ NCRZOITLL SC.llE 1tf00' --.i,r'p---_[Ix'wN~_-tlrw [irw [iz.yY--=[,y. ,z it Z~a-w . RepereJF Y PmPereE9y rorreom ar wtuwD ~8A I Guilford Partners LLC ~•~+r^~'+ §~ °EXHIBITa- 18886 Brownstone Court - ~t~ E$q ~ i `""' wostBeid, m. a6g7a CONCEPT SITE PLAN $ i ~ Ph: (34'n867.4192 Paz: (7+'168'-4186 PARK PLACE CCRC ~ ~ ~ ~ ~~~=~° s"E~' I CONTACT: Mr. waync Bovcrego ~ ~ ~~=.:F ~i~~~~6~ ~. f 1i4 ~ ~\ .,~~1101NR3. ,~+' piQ1A~3'A-1- i7'213tlL5GE67 E2@i1RA APi-11u2.L9VdMF 6MPF~1'i AC6?+QB:2tA.^~41@!i 7G~F.4AA ......p4~ TYPICAL INDEPENDENT LIVING APARTMENT WING CHARACTER ELEVATION Park P October 6, 2006 RDA ~ • S~hutce wilscam Birye TYPICAL INDEPENDENT LNING APARTMENT WING CHARACTER ELEVATION i =t ~` ~~~ tl I.. 7~ 9 Jug I W~ ~ '~ ... R N I ~, f 7 F } Vg ~.~1 I s~ ry SiF ~ _~ ~ __.. .. . ~ ~.o ~! ~ ~~, I . ;,.a i ~, ai~ ~~~II~'9fl ~ si i ;~ a~~3 ~~ I ~f ;; - -- ~~ ~-`' <I'~ ~ t a ;~~i ! r 8 111111 // ~ ~. 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T. w M < ~ll ~ I i N~k^~"H, s s~ ' ~ i~ yr~.f~ ~ 1 i ~~~h~^--` 1. ~ ___'__ o __ o- _ f~, c ~ ~~~p'3,L ~ "~_ i ~ ~~Y a i it i ~ i~i9 ~.-r _. ~'. tac ~ 1. I_- - _ J I ~ i v/ ~ .~ : 1. 1 1 ~. -- ~ ro -i i ~E _ ~~ / ;~ r ~. ~ ~' ~ ~~ -~ C 7 -TU woEEO u e '~ / i <~ ~ ~ 3 ~/l /.{~~~ L.j~ MMTAENiS ~ ItE EVEN /~ I' ~ r~ ~ 1 ~= J _ GUILFORD-ROAD --- vu[r ECNEOUEE. evrrEVrENOS t ~ ~ == " "t'- -LEGEND. ~ _ KEr o u~ nze wE T [rr wu~ eoruncu Neu: couw. w[ xNwcE - -,- eo~rvMW w. _ ~--1' ~ n. w.....~ THEE unrt ~.em,vmw (~ CPLVMrvaP 1nCE s4r.„ ! n4.w-~vm'/ ^4x l~N~'n PreNrea Fnr ~ evENCne[rv r to ~. .'..W~°..~..9.`+~i , w I.:r...'.n r ......... .~-•a--...w,[,....x..,.w... w.x•~-` c.nm.a n.nN..z, LLC 0 n„„e„E„r„~ .PEE ~ CONCEPT LANDSCAPE PLAN ' TeeEO OO...no.. cn.n /or e..x..x =o...mx.Txx x„IeN :n .Bel. ~ SM„Yn5 I „sue W. Ww """'"""' PARK PLACE CCRC : ~,.~ :..,._, : ^`~ r..a>n~e[r~Tes i ... u.. ~.. CONTMCT. W.YNE LlEVCIYO[ 5~ ~ ,~, yLL, ~, ~; .:.~ um:P.l. -~/ _._ Landl Dols Ltd ~T~ ~ ~ EXHIBITi ', k 1 ~~ .`nm 3 , ~' 4 , an,, s. ~+ sITEe: ~.:a::n ~'N.. ~~.~ ,u ~,~....,N~.u ;~:~;.nx .. N.n~.a< _ _ ~ypvy+'vuu :.":~ee..,wu~ ~w....v, 1 wnryn.s o wuFCrcw mwrnn.N~•~u..n~µt,vY~.e. ravel nv. r~ ryeam, m Ane a~.uYVY6 3 s.wrvew ~µiaam, L.u...o- ~sr+wa kun u N v.+. W / ~J P/C(AxlRI) ~n/' OuiMmJ Partnorc~ tLC T6656 Brownslue Gown w<:nma, m. a6ax< PM (]1x)K]JI]2 sac PlTiefix+xas [ONTaLT: WRYME L ELVEMGE ... ~~~..wa„~a.~p.~M,~M,n... ~~~ bm~.~ __du.~.... . `~`"°°"..wT.. ~'~ ~,. •Y ~m .~. ,robe. `"~ ~a,.w ...am,.w.,w.. ~~~~,~'~ o wss~<,w .~..o ~.b ~N ....... anion ~n+.... -i e.~ ~ m N~..~w ti~,a~ ~. ~.,n.NN~._.,._..~. w .,....,,~._...w......_., _.,~.~,.~„„~_....ee~...w . ~.~v~•+~~.aMU~in aaa u.w• w.e „~..~..a~..a um.v._.rd~ .`ow...: ~..'`..q~.. o ... ~....... ~•...~,<,nw n.... ~. aw,.. m. m. w....:`..a,... .,..n.wd,+.~.4~ a avP.. rY.~.,Ppga O. 'xSNxwn YM.w~anya rv.u+'N Nerq my ~ ~~v~~<u~vW.v..P~a~n~mw YaYa RMmN W an pswyux p n.~.nnp o'ry b :m mNr ~• LANDSCAPE DETAILS AND SPEClF1CATlONS PARK PLACE CCRC ._. W~.-w.~:... EVEnuNEEN Tl1EE VIRNTING OY.Ini.. _~rye :..... ... .... ....... +~~?~3:~ ~'na'y,1411U]t1 nn.n, ,_..,._w.~,..........,.-.,,... ±~:. y^ ~, r EXHIBIT ~'~ _~._.~a~. ~__~~ w.w._~.. ~. n' 3~ T .________„_~_,_~_,______... Y_li .__~,_ _ _ -. _ ., ~_ I_ancll°ouls, Lld. .E:[aar ~ ~~A~w..ww:wn 7 _ __ _ _ mEN1L NIINU OETP ENVIIi©NIVIENTAI. STATEMENT Re: Park Place The developer has addressed a number of environmental matters that should enhance the project, including the following: Wetlands: A study was performed by Williams Creek wherein specific wetlands on the site were identified. This report was presented to the Corps of Engineers and IDEM. The Corps responded with their coniirmation of the findings and a determination letter as to who has authority on this site which turned out to be part Corps and part IDEM. Either the existing wetlands will be mitigated offsite or incorporated into the final site plan in whole or in part. Tree Preservation Plan: Existing trees on the site have been identified that are included in a definitive report showing how they will be preserved in the final plan. Permeable Paving: This environmentally friendly material will be used at some of the entry ways. Permeable paving is a pavement system that allows stormwater runoff to infiltrate through a porous pavement surface and into the aggregate subbase material reducing the amount of runoff released from the developed site and providing water quality benefits through removal of suspended solids and other pollutants. Irrigation with Storm Water: Based upon groundwater levels and retention pond recharge capabilifies, the potential for the use of stormwater for irrigation of on-site landscape and lawn azeas will be assessed. Bio swales: The site will be evaluated for the potential to incorporate bio- swales into the design of the stormwater management system to provide water quality benefits. Bio-swales aze natural, vegetated depressional azeas that rely on filtration of runoff by surface plants and infiltration of runoff into underlying permeable soils for the removal of suspended solids and other pollutants that are harmful to downstream ecosystems and aquatic life. Building Materials: Today there have been many advances in building materials and systems that are more energy efficient and environmentally friendly. Such things as increased insulation, Low E windows, tankless electric water heaters, ThermoShield inspections etc. We will incorporate as many of these items as practical into the design of the building once we are in that phase. Garden Plots: The developer has included areas on the conceptual site map for garden plots. These gazden plots are designed to allow residents of this community to engage in small scale gazdening endeavors which should add a pleasant aesthetic touch to the project and also allow residents to participate in their gardening hobby. Cross References: (last deed of record) COIYIMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE In accordance with LC. 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 located in Carmel, Hamilton County, Indiana, which real 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 community to the City of Carmel Common Council (hereafter referred to as the "Council") for Pazk Place Planned Unit Development Ordinance. Section.]. Cross Reference. These Commitments are made in connection with approvals obtained under Ordinance No. Z-500-06, the Park Place Planned Unit Development Ordinance, approved by the Council on , 20117 (hereafter referred to as the "Park.Place PUD"). Section 2. Exhibi s. The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A". Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the Real Estate; and, Section 3. Definitions. Different words and terms are defined throughout these Commitments and the definitions below shall apply throughout these Commitments. Owner. The term "Owner" shall mean and refer to Guilford and its successors and assigns. 2. Story or Stories. The teen "Story or Stories" shall mean and refer to that part of the building comprised between the level of one finished Hoer and the level of the next higher finished floor. Section 4. Commitments. The Owner agrees and commits to the following: 1. That the building to be constructed upon the Real Estate shall 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 S. Bindine oa 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, unless modified or terminated 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 rules of the Council has been made. The provisions of this paragraph 5 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) fmm the Park Place Planned Unit Development District pursuant to Ordinance No. Z-500-06, to another zoning classification Section 6. Effective Date. The Commitments contained herein shall be effective upon the occurrence of all of the following events: The adoption 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 NO.Z- 500-06, as evidenced by the issuance of a building permit and improvement location permit, or their equivalent, for such development. Section 7. Recording. The undersigned hereby authorizes the Clerk Treasurer of the City of Carmel to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Sectioa 8. Eaforcemeat. These Commitments may be enforced by the Council and any property owner within or immediately adjacent to the Real Estate. IN WITNESS WHEREOF, the Owner has caused these Comriutments to be executed as of the date written below. By: Guilford Partners, LLC, an Indiana limited liability company By: (name) (title} STATE OF INDIANA ) SSc COUNTY OF ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared (name) (title) on behalf of Guilford Partners, 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 this day of , 2007. My Commission Expires: Residing in County Notary Public Printed Name Prepared By: James E. Shinaver, Nelson & Frankenberget, 31.05 East 98a' 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 ereNzoninp,~wlbguill'mdko~ncilcommihneNS07A2U7 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF GUILFORD PARTNERS, LLC TO REZONE PROPERTY LOCATED NORTH OF 116Tt1 STREET ON THE EAST SIDE OF GUILFORD ROAD PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-500-06 To: The Honorable Common Council of [he City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 06080036 PUD) of Guilford Partners LLC, petitioning the Commission for a favorable recommendation to rezone 1255 acres located at north of 116i1' Street on the Gast side of Guilford Road from RllResidential to PUD/Planned Unit Development to provide for the development of a continuing care residential center. -1'he Cannel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting on November 21, 2006, the Carmel Plan Commission voted ten (10) in Favor, zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-500-06 with a Favorable Recommendation. Please be advised that by virtue of [he Plan Commission's Favorable Recommendation, pursuant to IC 36-7- 4-608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification (December 4, 2006) is Saturday, March 3, 2007. A11" ~ ST: rnroai7 rmco . ecretar~' armel Plan Commission Dated: December 4, 2006 200(•1204; %-500-06 PARK I'LAC~ PUD CHRTIF ICA9')ON CARMEL LAN COMMISSION BY• I.eo Dierckman, President Received OEC - 4 2006 C'arme! Clerk-7reasnrer 1 2 3 4 s 6 7 Sponsors: Councilor Sharp Councilor Rider ORDINANCE NO. Z-526-09 3I Z~O~I AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING ORDINANCE Z-500-06 AS AMENDED BY ORDINANCE Z-521-08 WHEREAS, pursuant to LC. § 36-7-4-1500, et. seq., the Common Council of the City of Carmel, Indiana (the "Council") adopted Ordinance Z-500-06 establishing the Park Place Planned Unit Development District (the "Park Place Ordinance"); and WHEREAS, the Council adopted Ordinance Z-521-08, amending Ordinance Z-500-06 by adding Parcels 2 and 3 to the Park Place Ordinance; and WHEREAS, Mayflower Communities, Inc. ("Mayflower"), owner of the real estate described in Exhibit A attached hereto, has petitioned the Council to amend Ordinance Z-500-06 as amended by Ordinance Z-521-08, modifying the unit mix contained in Section 5.1(e) of the Park Place Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Ordinance Z-500-06, Section 5.1(e) is amended as follows: "5.1(e) There shall be a maximum of 171 independent residential living units, 44 assisted living units, 18 assisted living memory support units and 30 nursing care units." Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 42 X526-09 PASSED by the Common Council of the City of Carmel, Indiana, this 43 day of 20 by a vote of ayes and 44 nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer W. Eric Seidensticker, President Pro Tempore John V. Accetturo Ronald E. Carter ATTEST: Diana L. Cordray,IAMC, Clerk-Treasurer Joseph C. Griffiths Kevin D. Rider Richard L. Sharp Luci Snyder Z-526-09 Presented to me by the Mayor of the City of Carmel, Indiana, this day of , 20 , at .M. Diana L. ~Cordray, IAMC, Clerk- Treasurer Z-526-09 Approved by me, Mayor of the City of Carmel, Indiana, this day of 20 , at .M. James Brainard, Mayor ATTEST: Diana L. Cordray,IAMC, Clerk-Treasurer 1 Prepared by: E. Davis Coots, Coots Henke & Wheeler, P.C., 255 E. Carmel Drive, Carmel, 2 Indiana 46032 (317) 844-4693 4 M:AEDCIGRPVSTONEVORDINANCB LINED.wpd~1~I94O EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1 Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to wit: Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch rebar; thence South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less. Subject to all rights-of--way and pertinent easements of record. EXHIBIT "A-1" LEGAL DESCRIPTION: Parcels 2 and 3 Plot 5 Part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning at the Northeast comer of the West Half of the Southwest Quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 14 minutes 12 seconds West on and along the North line thereof 66.00 feet; thence South 00 degrees 10 minutes 31 seconds East (assumed bearing) parallel with the East line ofthe West half of said Southwest Quarter 1988.70 feet to the True Beginning Point of the real estate herein described; thence North 89 degrees 40 minutes 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 1994.30 feet south 00 degrees 14 minutes 51 seconds east ofthe North line ofsaid southwest quarter; thence South 00 degrees 14 minutes 51 seconds Easton and along the East line of said half Half Quarter Section 632.71 feet to the South line of said Southwest Quarter; thence South 89 degrees 21 minutes 50 seconds West on and along said South line 729.96 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 ] 0 minutes 31 seconds West parallel with said East line 636.72 feet to the True Beginning Point; containing 10.630 acres, more or less. Subject to an Indiana Bell Telephone Company Utility Easement recorded June 6, 1969, in Deed Record 229, page 30; subject to the rights of way for College Avenue (Guilford Road) and 116`h Street; subject to all other legal easement and rights of way. Sponsors: Councilor Sharp _ Councilor Rider PETITION TO ODIFY COMMITMENTS ONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Mayflower Communities, Inc. (hereinafter "Mayflower"), successor in interest to Guilford Partners, LLC (hereinafrer "Guilford"), owns real estate in Carmel, Hamilton County, Indiana, the legal description of which is attached hereto as Exhibit "A" (the "Real Estate") and petitions the Common Council of the City of Carmel, Indiana (the "Council") to amend certain Commitments Concerning the Use and Development of Real Estate attached hereto as Exhibit "B" executed on or about March 9, 2007. Section 4(2) establishes the maximum number and unit mix of units to be constmcted as follows: "That the maximum number of independent living units to be constmcted upon the real estate shall not exceed 191, the maximum number of assisted living units to be constructed upon the real estate shall not exceed 20 and the maximum number of nursing care units to be constructed upon the real estate shall not exceed 28." The total number of units contained in the Commitments is 239 Mayflower seeks to amend the Commitments to modify Section 4(2) to provide a maximum number of 171 independent resi enriaT rving units, 44 assisted living units, 18 assisted 'wing memory support units an 30 nursing care units for a total number of units contained in the Commitments to be 263. All other terms and conditions of the Commitments Conceming the Use and Development of Real Estate not amended by this Petition shall remain in full force and effect and unmodified. Respectfully submitted, MAYFLOWER COMMUNITIES, INC. By: E. Davis Coots, #3367-29 Its Attorneys E. Davis Coots Coots Henke & Wheeler, P.C. 255 E. Carmel Drive Carmel, IN 46032 (317) 844-4693 dcoots(c~chwlaw.com M \EOC\GREY STON E\PET ITION TO MODIFY COMMITM EN TS.wpdV ]94U PETITION TO AMEND ORDINANCE X500-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT AS AMENDED BY ORDINANCE Z-521-08 WHEREAS, Section 31.6.4 of the CarmeUClay 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 1.C. § 36-7-4-15, et. seq.; and WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council") adopted Ordinance Z-500-06 on February 19, 2007 ("Z-500-06"), establishing the Park Place Planned Unit Development District (the "Park Place Ordinance") for the Real Estate legally described in Exhibit "A" attached hereto; and WHEREAS, the Council is in the process of amending Z-500-06 by Ordinance Z-521-08, which Ordinance adds Parcels 2 and 3 to the Park Place Ordinance, the legal descriptions of which are attached hereto as Exhibit "A-1" (Exhibit "A" and "A-1" together, the "Real Estate"); and WHEREAS, Mayflower Communities, Inc. ("Mayflower"); the owner of the Real Estate described in Exhibit A and commonly known as the 19.55 acres located along the east side of Guilford Avenue, approximately 636.72 feet north of its intersection with 116th Street, Carmel, Hamilton County, Indiana, and referred to as Parcel 1 in Z-500-06; and WHEREAS, Mayflower desires to amend Z-500-06 as amended by Ordinance Z-521-08 to modify the unit mix contained in Section 5.1(e) of the Park Place Ordinance. NOW, THEREFORE, Mayflower Communities, Inc., by counsel, requests of the Common Council of the City of Carmel, Indiana, as follows: Section 1. /Ordinance Z-500-06, Section 5.1(e) is amended as follows: "5.1(e) There shall be a maximum of 171 independent residential living units, 44 assisted living units, 18 assisted living memory support units and 30 nursing care units." Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Respectfully submitted, MAYFLOWER COMMUNITIES, INC. By: E. Davis Coots, #3367-29 Its Attorneys E. Davis Coots Coots Henke & Wheeler, P.C. 255 E. Carmel Drive Carmel, IN 46032 (317) 844-4693 dcoots(a chwlaw.com M:AEDCAG REV STONEU'ETITION TO AMEND OkOIN AN CE.wpdA1]940 2 Sponsors: Councilor Sharp Councilor Rider Cross References: (last deed of record) AMENDED COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE In accordance with LC. 36-7-4-1512(a)(3) and 36-7-4-615, Mayflower Communities, Inc., successor in interest to Guilford Partners, LLC, an Indiana limited liability company, (hereafter "Mayflower"), is the owner of real estate located in Carmel, Hamilton County, Indiana, which real 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 community to the City of Carmel Common Council (hereafter referred to as the "Council") for Park Place Planned Unit Development Ordinance. Section 1. Cross Reference. These Commitments are made in connection with approvals obtained under Ordinance No. Z-500-06, the Park Place Planned Unit Development Ordinance, approved by the Council on February 19, 2007 (hereafter referred to as the "Park Place PUD"). Section 2. Exhibits. The following exhibits are attachedhereto and incorporated herein by reference: Exhibit "A". Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the Real Estate; and, Section 3. Definitions. Different words and terms are defined throughout these Commitments and the definitions below shall apply throughout these Commitments. Owner. The term "Owner" shall mean and refer to Mayflower and its successors and assigns. 2. Story or Stories. 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: 1. That the building to be constructed upon the Real Estate shall 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 171 independent residential living units, 44 assisted living units, 18 assisted living memory support units and 30 nursing care units. Section 5. Binding 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, unless modified or 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 of this paragraph 5 notwithstanding, these Commitments shall terminate 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 classification. Section 6. Effective Date. The Commitments contained herein shall be effective upon the occurrence of all of the following events: The adoption of the Park Place PUD Ordinance, Ordinance No. Z-5 -08, by the Council; and The commencement of the'development of the Real Estate in accordance with the assignment ofthe requested Park Place PUD classification pursuant to Ordinance No. Z-5 -08, as evidenced by the issuance of a building permit and improvement location permit, or their equivalent, for such development. Section 7. Recording. The undersigned hereby authorizes the Clerk Treasurer of the City of Carmel to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. 8~ Enforcement. These Commitments may be enforced by the Council and any property owner within or immediately adjacent to the Real Estate., IN WITNESS WHEREOF. the Owner has caused these Commitments to be executed as of the date written below. MAYFLOWER COMMUNITIES, INC., successor in interest to Guilford Partners, LLC, an Indiana limited liability company By: (Name) (Title) STATE OF INDIANA ) SS: COUNTY OF ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared (name) (title) on behalfofMayflower Communities, Inc., successor in interest to Guilford Partners, 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 this day of 2008. My Commission Expires: Residing in County Notary Public Printed Name Prepared By: E. Davis Coots, Coots Henke & Wheeler, P.C., 255 E. Carmel Drive, Carmel, IN 46032 I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required bylaw. E. Davis Coots M:\EDC\G REY sTONFC ommi~mcnts.rcv.wpd CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE YE"I'I1'lON OF GREYS'I'ONE COMMUNITIES INC TO AMEND THE PARK PLACE P[JD ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE X526-09 An Ordinance fo Amend the Park Place Planned Unit Development (PUD) Ordinance Toc The Honm•able Common Council of the City of Carmel Hamilton County, Indiana Deu Members: The Carmel Advisory Plan Commission.. offers you the following report on the application to the Commission (Docket No. 08090032 OA) to amend Ordinance Z-500-06: Park Place PUD, in order to amend the breakdown of unit types. The site is located at the northeast corner of 116`s Sheet and Guilford Road. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regularly scheduled meeting on December 16, 2008, the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to foiwardio the Common Council the. proposed Ordinance X526-09 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant do IC 36-7-4-607(e)(3), the Council has ninety (90) days to act on.this petition before it becomes effective as Certified by the Commission. Ninety days from the date of the original Certification (December 19, 2008) is Thursday, March 19, 2009. nona Hancock, ecretary Carmel Advisory Plan Commission Dated: December 19 2008 2(103-121R OR090032 OA Z-526-04 YC CarlSficatiun C EL PLAN COM ISSIOIV ~ 7 Leo Dierc cman, President ~- 9 ~1 .~ d 6 l ~3a BUDZ