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HomeMy WebLinkAboutApplication InformationConn, Angelina V Fees: Thank you, Angie Conn, Planning Administrator From: Conn, Angelina V Sent: Tuesday, September 22, 2009 2:10 PM To: 'Pohlman, Jesse M.';'steve.hardin@bakerd.com' Cc: Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Littlejohn, David W; DeVore, Laura B; Holmes, Christine B; 'jmolitor@prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue -Wold, Alexia K; Weddington, Trudy A.; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy Subject: Docket No. Assignment: 116th and College PUD Amend #09090017 OA) I have issued the necessary Docket Number for (OA) 116th and College PUD (116th Street Centre, Ph 2). It will be the following: Docket No. 09090017 OA: 116th and College PUD (116th Street Centre, Ph 2) The applicant seeks approval to amend Ordinance Z- 484 -05: 116 Street Centre Planned Unit Development (PUD). The site is located at the northeast corner of 116 St. and College Ave. and is zoned PUD. Filed by Steve Hardin of Baker Daniels, LLP for 116 Street Centre II, III and IV, LLC. Ordinance Amendment Total: 858.00 858.00 Petitioner, please note the following: 1. This item will be on the October 21 agenda of the Technical Advisory Committee (TAC). The petitioner must submit plans and review materials to all TAC members directly by Sept. 18. (Failure to submit plans and review materials to TAC members by this time will result in the tabling of this petition. For a list of current TAC members go to: http: /www.ci.carmel.in.us/ services /DOCS/TAC2009/ TAC %20members %207.08.09.pdf A representative must be present. 2. Mailed and Published Public Notice needs to occur no later than Friday, October 23. Published notice is required within the Indianapolis Star. Try to get the public notice ad to the IndyStar by Noon, two days prior to the public notice deadline. It takes about two days for them to publish it. Also, 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 6. 4. Proof of Notice (newspaper affidavit, green cards, etc.) needs to be received by this Department no later than Noon, Friday, November 13. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This item will appear on the Tuesday, November 17, agenda of the Plan Commission (under "Public Hearings A representative must be present. 6. This item might also appear on the December 1 agenda of the Plan Commission Special Studies Committee. A representative must be present. 7. Refer to your instruction sheet for more detail. Steve can be contacted at 569 -9600. PETITIONER: refer to your instruction sheet for more detail. DOCS preliminary review comments. (PETITIONER: please reply to the following): a1uj1' Please provide an outline of the proposed changes to Z- 484 -05. o lL2 Assuming the Council approves the changes, will you submit a DP /ADLS application soon after? 6C.. Please provide a filled out/notarized affidavit of notice of public hearing (see application). piL Provide the filled out/notarized Affidavit of the Public Notice Sign Placement. Please provide copies of your correspondence to TAC members. 1 Date: PETITION TO CHANGE THE OFFICIAL ZONING MAP it;>e INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE DOGS FEES: Rezone= I 858.00)plus $119.00 per acre (PUD= $2,782.00, plus $119.00 per a Z September 18, 2009 Docket No 09 O 9' COI 1 O A Name of Owner: 116th Street Centre II, III and IV, LLC Owner's Address 9011 North Meridian Street, Suite 202 City, State, ZIP Indianapolis, IN 46260 Record of Ownership. Legal Description (Use additional page(s) if necessary): see attached legal description Common Address of Property Involved (or General Description if no Address Exists): Northeast corner of 116th Street and College Avenue character tor new buildings. Revised: 12/17/2008 Filename: Rezone Application 2009.doc RE RECE1 ED SEP 181000 PU D AMENDMENT Phone No.: 317) 569 9600 Fax No. 317) 569 4800 Email: steve.hardin @bakerd.com J esse Fohk,rncto e bakeard Contact Person Name and Company: Steven D. Hardin, Esq., Baker Daniels, LLP Contact Person Phone, Fax, Email: 317.569.9600, 317.569.4800, steve.hardin @bakerd.com Contact Person Address: 600 East 96th Street, Suite 600, Indianapolis, IN 46240 see attached deeds Tax Parcel ID No(s). 17- 09- 36- 00 -00- 060.001, 17- 09- 36- 00 -00- 060.002, 17- 09- 36- 00 -00- 060.102 PUD Amendment to Proposed Zoning-C-Frange:-- Frrenrthe 116th Street Centre PUD District to the District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if necessary): The C3 Plan identifies this property within the "Area for Special Study" and the "North Central Carmel" area. The proposed amendment accomplishes the policy objectives of the C3 Plan because it encourages compact urban form and mixed -use, perpetuates economic vitality and it fits the City's desired (1 /We), being duly sworn, depose and say that (I /We) (am /are) the (owner(s)) of Fifty Percent (50 or more of the property involved in this application and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my or our) knowledge and belief. Signature (typed or printed) 600 East 96th Street, Suite 600 Address Indianapolis, Indiana 46240 City, State, ZIP The applicant, correspondent, or agent (if different from owner or owners) J.C. Hart Company, Inc. by Steven D. Hardin, Esq., Baker Daniels, LLP Name 317.569.9600 Telephone 09.18.2009 Date State of Indiana County of Before me the undersigned, a Notary Public for HAMILTON (officer's county of residence) County, State of Indiana, personally appeared STEVEN D. HARDIN and (name of person(s)) acknowledged the execution of the foregoing instrument this 18TH day of SEPTEMBER 09 (SEAL and Signature Roberta G. Driver (printed or typed) P i .fir of '"rittittto SS: AFFIDAVIT Name Telephone Date Steven D. Hardin, Esq., Baker Daniels, LLP My commission expires: 3 -62F- 077/S LEGAL DESCRIPTION 116 Street Centre Planned Unit Development District Part of the Southwest Quarter of Section 35 and the Southwest Quarter of Section 36, in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of said Southeast Quarter Section; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes 26 seconds West a distance of 100.00 feet to the intersection of the North line of 116 Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200400022719 in the Hamilton County Recorder's office) with the East right of way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as Instrument number 8742050), being the Point of Beginning, (the following five courses are along the East lines of said College Avenue per said "Dedication said point being on a non tangent curve concave Easterly having a central angle of 20 degrees 02 minutes 28 seconds and a radius of 707.00 feet; 1) thence Northerly along the arc of said curve a distance of 247.30 feet (said arc being subtended by a chord having a bearing of North 08 degrees 50 minutes 15 seconds East and a length of 246.04 feet; 2) thence North 18 degrees 17 minutes 09 seconds East a distance of 100.00 feet; 3) thence North 18 degrees 51 minutes 31 seconds East a distance of 71.39 feet to a tangent curve concave Westerly having a central angle of 48 degrees 21 minutes 28 seconds and a radius of 162.00 feet; 4) thence Northerly along the arc of said curve a distance of 136.73 feet (said arc being subtended by a chord having a bearing of North 05 degrees 19 minutes 13 seconds West and a length of 132.71 feet); 5) thence on a tangent line North 29 degrees 29 minutes 57 seconds West a distance of 111.19 feet; thence North 89 degrees 09 minutes 48 seconds .East parallel with the South line of said Southwest Quarter Section a distance of 596.48 feet; thence North 00 degrees 22 minutes 52 seconds West a distance of 58.02 feet; thence North 89 degrees 09 minutes 48 seconds East a distance of 220.00 feet; thence South 00 degrees 22 minutes 52 seconds East a distance of 725.72 feet to the North line of 116 Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200300127285 in the Hamilton County Recorder's office); (the remaining 4 courses being along the North lines of said 116 Street as conveyed to the City of Carmel recorded as said Instrument number 200300127285, Limited Warranty Deed recorded as Instrument number 200300127280, Personal Representatives Deed recorded as Instrument number 200300088446 and said Instrument number 200400022719); 1) thence South 89 degrees 09 minutes 48 seconds West a distance of 494.22 feet; 2) thence North 82 degrees 18 minutes 41 seconds West a distance of 66.35 feet; 3) thence North 89 degrees 13 minutes 54 seconds West a distance of 261.39 feet; 4) thence North 57 degrees 22 minutes 41 seconds West along said North line a distance of 29.80 feet to the Point of Beginning. Containing 12.417 acres, more or less. BDDB01 5832794v1 DULY ENTERED ror VATI ®N J Subject to final acceptance for transfer .Lday of Apr i I 20 ()t4 £o z. 4 Auditor of Hamilton County Parcel 1ta-01 -6e— 0%- 61— (AO. QUITCLAIM DEED THIS INDENTURE WITNESSETH, that 116 Street Centre II, LLC, an Indiana limited liability company "Grantor QUITCLAIMS to 116` Street Centre II, LLC, an Indiana limited liability company "Grantee for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, certain real estate located in Hamilton County, in the State of Indiana, such real estate being more particularly described on Exhibit A attached hereto and incorporated herein, together with any and all improvements thereon (the "Real Estate The undersigned person executing this deed on behalf of Grantor represents and certifies that he is fully empowered, by proper resolution of the Grantor, to execute and deliver this deed; that Grantor has full organizational capacity to convey the Real Estate described herein; and that all necessary organizational action for the making of such conveyance has been taken and done. Signature Page Follows. 1 200600018716 Filed for Record in HAMILTON COUNTY' INDIANA JENNIFER J HAYDEN 04 -07 -2006 At 01111 on. 0 C DEED 20.00 IN WITNESS WHEREOF, Grantor has caused this Quitclaim Deed to be executed thisa?'/ day of March, 2006. STATE OF INDIANA SS: COUNTY OF-t Wl 1 LT °P( Before me, a Notary Public in and for said County and State, personally appeared Dann Small in his capacity as Managing Agent of 116 Street Centre II, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Quitclaim Deed for and on behalf of said company, and who, having been duly sworn, stated that the representations therein contained are true. Witness my hand and Notarial seal this) day of March, 2006. J. QOp��. SE N AT A pp (si ature) SEAL G r44 My ComiftisC �2 Grantee's mailing address is and 9011 North Meridian Street, Suite 202 Indianapolis, IN 46260 send tax statements to: "GRANTOR" By: 116` Street Centre II, an Indiana limited liability company Dann Small, Managing Agent (printed namir) My County of Residence: v\n n 2 Notary Public This instrument was prepared by, and upon recording return to, Zeff Weiss, ICE MILLER LLP, One American Square, Suite 3100, Indianapolis, IN 46282 Phone 317 236 -2319 Commencing at the Southeast corner of said Southeast Quarter Section; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes 26 seconds West a distance of 100.00 feet to the intersection of the North line of 116th Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200400022719 in the Hamilton County Recorder's office) with the East right of way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as Instrument number 8742050), being the Point of Beginning, (the following five courses are along the East lines of said College Avenue per said "Dedication said point being on a non tangent curve concave Easterly having a central angle of 20 degrees 02 minutes 28 seconds and a radius of 707.00 feet; 1) thence Northerly along the arc of said curve a distance of 247.30 feet (said arc being subtended by a chord having a bearing of North 08 degrees 50 minutes 15 seconds East and a length of 246.04 feet); 2) thence North 18 degrees 17 minutes 09 seconds East a distance of 100.00 feet; 3) thence North 18 degrees 51 minutes 31 seconds East a distance of 71.39 feet to a tangent curve concave Westerly having a central angle of 48 degrees 21 minutes 28 seconds and a radius of 162.00 feet; 4) thence Northerly along the arc of said curve a distance of 136.73 feet (said are being subtended by a chord having a bearing of North 05 degrees 19 minutes 13 seconds West and a length of 132.71 feet); 5) thence on a tangent line North 29 degrees 29 minutes 57 seconds West a distance of 111.19 feet; thence North 89 degrees 09 minutes 48 seconds East parallel with the South line of said Southwest Quarter Section a distance of 282.25 feet; thence South 00 degrees 20 minutes 00 seconds West a distance of 331.92 feet; thence South 33 degrees 26 minutes 26 seconds East a distance of 35.16 feet; thence South 65 degrees 52 minutes 02 seconds East a distance of 41.46 feet thence North 89 degrees 53 minutes 52 seconds East a distance of 481.81 feet; thence South 00 degrees 22 minutes 52 seconds East a distance of 282.55 feet to the North line of 116` Street per Limited Warranty Deed" to the City of Carmel recorded as instrument number 200300127285 in the Hamilton County Recorders office the remaining 4 courses being along the North lines of said 116 Street 1) thence South 89 degrees 09 minutes 48 seconds West a distance of 494.22 feet; 2) thence North 82 degrees 18 minutes 41 seconds West a distance of 66.35 feet; 3) thence North 89 degrees 13 minutes 54 seconds West a distance of 261.39 feet; 4) thence North 57 degrees 22 minutes 41 seconds West along said North line a distance of 29.80 feet to the Point of Beginning. Containing 7.441 acres, more or less. EXHIBIT A LEGAL DESCRIPTION Part of the Southeast Quarter of Section 35 and the Southwest Quarter of Section 36, in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: INDY 1706351v.2 A -1 DULY ENTERED FOR TAXATION J Subject to final ac eptance for transfer day of 2Ofl ,QD&.s. 7 fJfa Auditor of Hamtton County l l' Parcel f' 013(1- 00-60— DUO. LIMITED WARRANTY DEED THIS INDENTURE WITNESSETH, that 116 Street Centre II, LLC, an Indiana limited liability company "Grantor BARGAINS, SELLS and CONVEYS to 116 Street Centre III, LLC, an Indiana limited liability company "Grantee for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, certain real estate located in Hamilton County, in the State of Indiana, such real estate being more particularly described on Exhibit A attached hereto and incorporated herein, together with any and all improvements thereon (the "Real Estate Subject to the current, non delinquent real estate taxes and assessments. TO HAVE AND TO HOLD said Real Estate to the said Grantee and Grantee's successors and assigns forever. Grantor covenants and warrants that said Real Estate is free of any encumbrance made or suffered by said Grantor except those set forth above, and that Grantor and its successors shall warrant and defend the same to said Grantee and said Grantee's successors and assigns forever, against the lawful claims and demands of all persons claiming by, through, or under the said Grantor, but against none other. It is the purpose of this deed to transfer fee simple title to the said Real Estate to Grantee. The undersigned person executing this deed on behalf of Grantor represents and certifies that he is fully empowered, by proper resolution of the Grantor, to execute and deliver this deed; that Grantor has full organizational capacity to convey the Real Estate described herein; and that all necessary organizational action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed this 211 day of March, 2006. "GRANTOR" 200600018715 Filed For Record in HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 04 -07 -2006 At 01:11 pa. WARR DEED 20.00 1 16 Street Centre II, an Indiana limited liability company By: 1 Dann Smal anaging Agent STATE OF INDIANA SS: COUNTY OFIr- -}.y4-WLII�ot4 Before me, a Notary Public in and for said County and State, personally appeared Dann Small in his capacity as Managing Agent of 116' Street Centre II, LLC, an Indiana limited liability company, who acknowledged execution of the foregoing Limited Warranty Deed for and on behalf of said company, and who, having been duly sworn, stated that the representations therein contained are true. a puuuuuq Witvtk no0Ped y1 Notarial seal this day of March, 2006. a`J ic (SEAL)i 5 V'z o O My Commission Expires: Grantee's mailing address is and send tax statements to: My County of Residence: 2 Sslipature) C Core" (printed n• e) Notary Public 9011 North Meridian Street, Suite 202 Indianapolis, IN 46260 This instrument was prepared by, and upon recording return to, Zeff Weiss, ICE MILLER LLP, One American Square, Suite 3100, Indianapolis, IN 46282 Phone 317 236 -2319 Commencing at the Southeast corner of said Southeast Quarter Section; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes 26 seconds West a distance of 100.00 feet to the intersection of the North line of 116th Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200400022719 in the Hamilton County Recorder's office) with the East right of way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as Instrument number 8742050) (the following five courses are along the East lines of said College Avenue per said "Dedication said point being on a non tangent curve concave Easterly having a central angle of 20 degrees 02 minutes 28 seconds and a radius of 707.00 feet; 1) thence Northerly along the arc of said curve a distance of 247.30 feet (said arc being subtended by a chord having a bearing of North 08 degrees 50 minutes 15 seconds East and a length of 246.04 feet); 2) thence North 18 degrees 17 minutes 09 seconds East a distance of 100.00 feet; 3) thence North 18 degrees 51 minutes 31 seconds East a distance of 71.39 feet to a tangent curve concave Westerly having a central angle of 48 degrees 21 minutes 28 seconds and a radius of I62.00 feet; 4) thence Northerly along the arc of said curve a distance of 136.73 feet (said arc being subtended by a chord having a bearing of North 05 degrees 19 minutes 13 seconds West and a length of 132.71 feet); 5) thence on a tangent line North 29 degrees 29 minutes 57 seconds West a distance of 111.19 feet; thence North 89 degrees 09 minutes 48 seconds East parallel with the South line of said Southwest Quarter Section a distance of 282.25 feet to the Point of Beginning; thence continuing North 89 degrees 09 minutes 48 seconds East parallel with the South line of said Southwest Quarter Section a distance of 314.58 feet, thence North 00 degrees 22 minutes 52 seconds West a distance of 58.02 feet; thence North 89 degrees 09 minutes 48 seconds East a distance of 220.00 feet; thence South 00 degrees 22 minutes 52 seconds East a distance of 443.17 feet; thence South 89 degrees 53 minutes 52 seconds West a distance of 481.81 feet; thence North 65 degrees 52 minutes 02 seconds West a distance of 41.46 feet; thence North 33 degrees 26 minutes 26 seconds West a distance of 35.16 feet; thence North 00 degrees 20 minutes 00 seconds East a distance of 331.92 feet to the Point of Beginning. Containing 4.976 acres, more or less. EXHIBIT A LEGAL DESCRIPTION Part of the Southeast Quarter of Section 35 and the Southwest Quarter of Section 36, in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: INDY 1706133v.2 A -1 DULY !NTFRR©ROR TAXATION Subjtot to final a ceptance for trgiaf r —,�dey of rcaf 20 de° 1 htyad e& uditor of Hamilton County Parcel 7 310. 00• ado. 1/1965509.3 LIMITED WARRANTY DEED THIS INDENTURE WITNESSETH that 116 Street Centre II, LLC, an Indiana limited liability company "Grantor BARGAINS, SELLS AND CONVEYS to 116` Street Centre IV, LLC, an Indiana limited liability company, the "Grantee for the sum of Ten and 00 /00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, that certain parcel of real estate located in Hamilton County, in the State of Indiana as more particularly described on the attached Exhibit A (hereinafter called the "Real Estate subject only to those matters as more particularly set forth on the attached Exhibit B (the "Permitted Exceptions Grantor, for itself and its successors and assigns, covenants with Grantee, and its successors and assigns, that the premises hereby conveyed are free from all encumbrances made or suffered by it except as aforesaid, and that it will, and that its successors and assigns shall, warrant and defend the same to the said Grantee and its successors and assigns against the lawful claims and demands of all persons claiming by, through or under it, but against none other. The undersigned person executing this deed on behalf of Grantor represents and certifies that he is a duly elected officer of Grantor and has been fully empowered, by proper resolution of the Grantor, to execute and deliver this deed; that Grantor has full limited liability company capacity to convey the real estate described herein; and that all necessary organizational action for the making of such conveyance has been taken and done. [Intentionally Left Blank. Signature Follows.] 2007043404 WARR DEED $22.00 08/01/2007 03:16:57P 4 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented IN WITNESS WHEREOF, Grantor has caused this deed to be executed this /9 day of 2007. STATE OF INDIANA SS: COUNTY OF h/An. 14wt Witness my hand and Notarial Seal this /C William B. Olsen, Notary Public County of Residence: Hamilton Commission Expires- 06/30/08 My Commission Expires: liability company Send tax statements to and Grantee's mailing address is: Equicor Development, LLC 9011 North Meridian Street, Suite 202 Indianapolis, IN 46260 116 Street Centre II, LLC, an Indiana limited Before me, a Notary Public in and for said County and State, per�_pnail appeared S714// in his capacity as of 116 treet Centre II, LLC, an Indiana limited liability company, who ac owl dge execution of the foregoing limited warranty deed on behalf of said limited liability company. (printed name) (signature) County of Residence: 2007. Notary Public This instrument was prepared by David E. Corey, ICE MILLER LLP, One American Square, Suite 3100, Indianapolis, Indiana 46282; Telephone (317) 236 -2100. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. David E. Corey. EXHIBIT A Legal Description of Real Estate Part of the Southwest Quarter of Section 36, in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 35, Township 18 North, Range 5 East; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes 26 seconds West a distance of 100.00 feet to the intersection of the North line of 116th Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200400022719 in the Hamilton County Recorder's office) with the East right of way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as Instrument number 8742050),(the following 5 courses being along the North lines of said 116th Street); 1) thence South 57 degrees 22 minutes 41 seconds East a distance of 29.80 feet: 2) thence South 89 degrees 13 minutes 54 seconds East a distance of 261.39 feet; 3) thence South 82 degrees 18 minutes 41 seconds East a distance of 66.35 feet; 4) thence North 89 degrees 09 minutes 48 seconds East a distance of 233.97 feet to the Point of Beginning; 5) thence continue North 89 degrees 09 minutes 48 seconds East a distance of 260.25 feet; thence North 00 degrees 22 minutes 52 seconds West a distance of 282.55 feet; thence South 89 degrees 53 minutes 52 seconds West a distance of 260.24 feet; thence South 00 degrees 22 minutes 52 seconds East a distance of 285.89 feet to the Point of Beginning, containing 1.698 acres, more or less. Exhibit B Permitted Exceptions 1. All non delinquent real estate taxes and assessments not yet due and payable. 2. Terms and provisions of a Grant of Easement in favor of PSI Energy, Inc., dated August 16, 2005, recorded September 26, 2005, as Instrument No. 200500063205. Section 1. 1.1 1.3 ORDINANCE Z- 538 -10 An Ordinance Amending the 116 Street Centre Planned Unit Development District Ordinance SPONSOR(s): Councilor(s) Rider and Snyder AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING Z- 484 -05 116 STREET CENTRE PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE WHEREAS, pursuant to Indiana Code §36 -7 -4 -600 et seq., the Common Council of the City of Carmel, Indiana adopted Ordinance Z- 484 -05 establishing the 116` Street Centre Planned Unit Development District; WHEREAS, Section 31.06.04 of the Carmel Zoning Ordinance Z -289 (the "Zoning Ordinance and Indiana Code §36 -7 -4 -1512 provides for the amendment of a Planned Unit Development District; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Carmel, Indiana that pursuant to Indiana Code §36 -7 -4 -600 et seq., and after docket number 09090017 OA having received a favorable recommendation by the Carmel Plan Commission on Tuesday, December 15, 2009, it hereby adopts this ordinance (this "Ordinance to amend the 116 Street Centre Planned Unit Development District Ordinance Z- 484 -05 (the "Original PUD Ordinance and the Zoning Ordinance, as amended, to read as follows: Applicability of PUD Amendment Ordinance. This Ordinance applies to the subject real estate more particularly described in Exhibit A attached hereto (the "Real Estate This Ordinance hereby amends the Original PUD Ordinance by adding Multi Family Uses as additional permitted uses in the Multi- Family Area and establishing development and architectural standards for those uses if the Real Estate is developed to include those uses. 1.2 This Ordinance shall apply only to the Real Estate and to the permitted uses, defined below. ¶-e.x. 01 12- ZZ. O° The text of the Original PUD Ordinance shall remain in effect with the adoption of this ordinance, and, if the Real Estate is developed to include the uses permitted in the Original PUD Ordinance, then the Original PUD Ordinance development and architectural standards shall apply to those uses. 1.4 All provisions and representations of the Original PUD Ordinance or Zoning Ordinance that conflict with the provisions of this ordinance are hereby rescinded Section 2. Section 3. as applied to the Real Estate and shall be superseded by the terms of this Ordinance. Definitions. Capitalized terms not otherwise defined in this Ordinance or in the Original PUD Ordinance shall have the meanings ascribed to them in Chapter 3 of the Zoning Ordinance in effect on the date of the enactment of this Ordinance. 2.1 Amended Conceptual Development Plan. A general plan for the development of the Real Estate attached hereto as Exhibit B. 2.2 Amenity Area. An area and /or building containing facilities intended to serve the residents of the Multi- Family Area including, without limitation, any one or a combination of the following: (i) a swimming pool, (ii) a bath house with changing rooms and storage, (iii) recreational equipment, (iv) tennis courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor and/or outdoor workout areas, (viii) laundry facilities, (ix) leasing office, (x) resident meeting spaces, (xi) resident gathering spaces, and (xii) any other facilities approved by the Director that compliment and are intended to serve the residents of the Multi Family Area. 2.3 Multi- Family Area. That part of the District more particularly delineated on the Amended Conceptual Development Plan. The line delineating the Multi- Family Area boundaries may be reasonably adjusted upon submittal of the Final Development Plan. 2.4 Multi- Family Uses. Those uses permitted per Section 3.1 of this Ordinance. Permitted Uses and Development Requirements in the Multi Family Area. All new construction, alterations and additions for Multi Family Uses within the Multi- Family Area shall be in accordance with the following guidelines. 3.1 Permitted Uses. The following uses (collectively, "Multi- Family Uses shall be permitted in the Multi- Family Area: A. Dwellings, Multiple Family B. Apartments C. Amenity Area 3.2 Maximum Building Height. The Building Height shall not exceed sixty (60) feet. 3.3 Minimum Floor Area. The minimum floor area per Dwelling Unit shall be six hundred (600) square feet. 3.4 Setbacks. A. Minimum Front Setback: 0 feet B. Minimum Perimeter Yard: 0 feet C. Minimum Distance Between Buildings: 10 feet 3.5 Maximum Density. Without the approval of the Plan Commission, there shall be no more than one hundred and ninety -six (196) Dwelling Units. 3.6 Architectural and Design Elements. The character illustrations, indicating conceptually the intended architecture and appearance of the multi family buildings, are attached hereto as Exhibit C. 3.7 Permitted Building Materials. Masonry (excluding stucco, synthetic stucco, and EIFS), pre -cast concrete and cementitious board as primary material on first floor; other sidings (excluding vinyl) are permitted on upper floors. 3.8 Required Window Openings. A minimum of two (2) windows per level, per exposed facade, shall be required (a vent may be substituted for a window on a gable). All windows shall be fully framed and trimmed. This section shall not apply to the garage section of the building. 3.9 Wall Planes. Walls shall not have unbroken planes greater than sixty feet (60') in length. Units may be differentiated by plane and material changes, and separate entrances. 3.10 Porch/Entryways. Stoops should be covered to provide shelter. Individual porches, balconies, stoops or similar outdoor spaces are encouraged on the front and /or the rear of the building. 3.11 Roofline. Rooflines shall not have unbroken lines greater than sixty feet (60') in length. Projecting hip and gable roof elements shall constitute a break in the roofline. 3.12 Trash Areas. Screened trash areas shall be provided. Screening materials may include brick, stone and other masonry materials. Doors may be constructed of metal and/or wood. All doors shall have an automatic closure mechanism such as spring loaded hinges. 3.13 Mechanical Equipment. Any mechanical equipment visible from an adjoining public street shall be screened with suitable landscaping or fencing in general architectural compatibility with the building(s) in which it is associated. Fencing materials may include brick, stone and other attractive masonry screening materials. 3.14 Parking Requirements. A. One and one -half (1.5) spaces per Dwelling Unit shall be required. The areas within driveways and garages shall count toward this requirement. B. Covered parking shall match the primary building materials. C. Parking lots shall be landscaped in accordance with this Ordinance and provide pedestrian access to and within the Multi- Family Area and the Real Estate. D. On- Street Parking. (i) Should be encouraged and available for guest parking. (ii) May be used to fulfill parking requirements. (iii) Each space shall be a minimum of eighteen feet (18') in length. E. Bicycle Parking. Bicycle parking shall be provided in compliance with Section 27.06 of the Zoning Ordinance. Covered garage spaces may be used to fulfill bicycle parking space requirements. 3.15 Lighting Requirements. Street lighting shall be provided near intersections of streets and alleyways. 3.16 Pedestrian Connectivity. Sidewalks shall be provided throughout the Real Estate to provide direct pedestrian connections within the Multi Family Area Section 4. Landscaping. Landscaping in the Multi- Family Area shall be designed to complement the urban character of the District and the architecture of the buildings. Street trees, streetscape plantings, and buffer areas shall be used to bring natural elements to the design pattern, in consultation with the City's Urban Forester. 4.1 General Landscaping Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing, or any water features. A. 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. Alternate or pervious paving material may be considered, or alternative planting media shall be considered, where planting space is limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc. B. 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 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. -4- C. Shade trees shall be at least two and one half (2.5) inch caliper diameter when planted. Ornamental trees shall be at least one and one half (1.5) inch caliper diameter when planted. Evergreen trees shall be six (6) feet in height when planted. Shrubs shall be at least eighteen (18) inches in height when planted. 4.2 Perimeter Landscaping. Perimeter landscaping along the property lines shall be provided in the form of either: (a) street trees for portions of the perimeter abutting public right -of -way; (b) landscaping and screening per Exhibit D for the Real Estate's northern boundary; or (c) landscaping per the requirements of the Zoning Ordinance's Type `B" Bufferyard (3 shade trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) for portions of the perimeter not abutting a public right -of -way or the northern boundary. The Real Estate's north property line shall be determined a front yard for purposes of the perimeter landscaping requirement. No buffer yard or landscaping internal to the District shall be required between or within the different areas of the District. 4.3 Street Trees. Medium or large growing shade trees shall be planted within the public street right -of -way, parallel to each street, in planting strips or tree wells. Street trees shall be planted a minimum of thirty (30) feet and a maximum of fifty (50) feet on center. In areas of high pedestrian and commercial activity, tree wells shall be covered with decorative grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample passage area is provided, tree planting areas shall be treated as planting beds to soften the hardscape. Street trees shall not be required along or adjacent to private drives or streets interior to the Multi Family Area. A. Per the City's standards, no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Developer may solicit the aid of the City's Urban Forester in mediating cost effective solutions. B. Street tree species shall be selected from the City's published list of recommended street trees. 4.4 Building Landscaping Standards. Building base landscaping shall be provided at the base of all building elevations which 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 the building's use, setback, height, and architectural features. Window boxes for flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the base of a building due to the building's proximity to a sidewalk, path, street, right -of -way or easement. Building base landscaping may help fulfill bufferyard requirements where applicable. -5- A. The following building base plantings shall be required: Three (3) shade trees, three (3) ornamental trees, and twenty -five (25) shrubs shall be planted per one hundred (100) linear feet of building frontage on right -of- way. If trees cannot be planted between the building and the sidewalk, then an alternative location may be chosen for planting. Landscaping interior courtyards are encouraged. 4.5 Parking Lot Plantings. Where parking lots are visible from the public right -of- way, the following requirements shall apply: A. Lot Interior. Minimum of one (1) shade tree per nine (9) parking spaces, with a minimum of one hundred and eighty (180) square feet of useable soil volume being provided for each tree; and B. Lot Perimeter. A minimum five foot (5') wide perimeter planting strip shall be provided on all sides of a parking 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 (100) lineal feet of strip. Walls or fences with a minimum height of forty -two inches (42 may be used in lieu of planting. Perimeter planting may occupy the same space as a required bufferyard but lot perimeter plantings shall be credited towards the perimeter bufferyard planting requirements. 4.6 Maintenance. It shall be the responsibility of the property owner(s) and their agents to insure proper maintenance of project landscaping in accordance with this Ordinance and best management practice standards. This is to include, but is not limited to, mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 5. Signage. Signage within the Multi Family Area shall be per the Zoning Ordinance. The multi family development also shall be permitted to be identified on the overall project ground signs, located as shown on the Original PUD Ordinance's Conceptual Development Plan. Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Z- PASSED by the Common Council of the City of Carmel, Indiana, this day of 2010, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths Richard L. Sharp, President Pro Tempore Kevin D. Rider John V. Accetturo W. Eric Seidensticker Ronald E. Carter Luci Snyder ATTEST Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2010, at .M. Approved by me, Mayor of the City of Carmel, Indiana this day of 2010, at .M. ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 7 Diana L. Cordray, IAMC, Clerk Treasurer James Brainard, Mayor This Instrument prepared by: Steven D. Hardin, Esq., Baker Daniels, LLP 600 East 96th Street, Suite 600, Indianapolis, Indiana 462401 (317) 569 -9600 EXHIBIT A LEGAL DESCRIPTION 116 Street Centre Planned Unit Development District Part of the Southwest Quarter of Section 35 and the Southwest Quarter of Section 36, in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southeast comer of said Southeast Quarter Section; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes 26 seconds West a distance of 100.00 feet to the intersection of the North line of 116 Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200400022719 in the Hamilton County Recorder's office) with the East right of way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as Instrument number 8742050), being the Point of Beginning, (the following five courses are along the East lines of said College Avenue per said "Dedication said point being on a non tangent curve concave Easterly having a central angle of 20 degrees 02 minutes 28 seconds and a radius of 707.00 feet; 1) thence Northerly along the arc of said curve a distance of 247.30 feet (said arc being subtended by a chord having a bearing of North 08 degrees 50 minutes 15 seconds East and a length of 246.04 feet; 2) thence North 18 degrees 17 minutes 09 seconds East a distance of 100.00 feet; 3) thence North 18 degrees 51 minutes 31 seconds East a distance of 71.39 feet to a tangent curve concave Westerly having a central angle of 48 degrees 21 minutes 28 seconds and a radius of 162.00 feet; 4) thence Northerly along the arc of said curve a distance of 136.73 feet (said arc being subtended by a chord having a bearing of North 05 degrees 19 minutes 13 seconds West and a length of 132.71 feet); 5) thence on a tangent line North 29 degrees 29 minutes 57 seconds West a distance of 111.19 feet; thence North 89 degrees 09 minutes 48 seconds East parallel with the South line of said Southwest Quarter Section a distance of 596.48 feet; thence North 00 degrees 22 minutes 52 seconds West a distance of 58.02 feet; thence North 89 degrees 09 minutes 48 seconds East a distance of 220.00 feet; thence South 00 degrees 22 minutes 52 seconds East a distance of 725.72 feet to the North line of 116 Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200300127285 in the Hamilton County Recorder's office); (the remaining 4 courses being along the North lines of said 116 Street as conveyed to the City of Carmel recorded as said Instrument number 200300127285, Limited Warranty Deed recorded as Instrument number 200300127280, Personal Representatives Deed recorded as Instrument number 200300088446 and said Instrument number 200400022719); 1) thence South 89 degrees 09 minutes 48 seconds West a distance of 494.22 feet; 2) thence North 82 degrees 18 minutes 41 seconds West a distance of 66.35 feet; 3) thence North 89 degrees 13 minutes 54 seconds West a distance of 261.39 feet; 4) thence North 57 degrees 22 minutes 41 seconds West along said North line a distance of 29.80 feet to the Point of Beginning. Containing 12.417 acres, more or less. BDDBOI 5959299vI 10-21-z- e-07 !Yu/4- ORDINANCE Z An Ordinance Amending the 116 Street Centre Planned Unit Development District Ordinance 10.21.2009 SPONSOR: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING Z- 484 -05 116 STREET CENTRE PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE WHEREAS, pursuant to Indiana Code §36 -7 -4 -600 et seq., the Common Council of the City of Carmel, Indiana adopted Ordinance Z- 484 -05 establishing the 116 Street Centre Planned Unit Development District; WHEREAS, Section 31.06.04 of the Cannel Zoning Ordinance Z -289 (the "Zoning Ordinance and Indiana Code §36 -7 -4 -1512 provides for the amendment of a Planned Unit Development District; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Carmel, Indiana that pursuant to Indiana Code §36 -7 -4 -600 et seq., and after docket number 09090017 OA having received a favorable recommendation by the Carmel Plan Commission on Tuesday, [insert date], 2009, it hereby adopts this ordinance (this "Ordinance to amend the 116 Street Centre Planned Unit Development District Ordinance Z- 484 -05 (the "Original PUD Ordinance and the Zoning Ordinance, as amended, to read as follows: Section 1. 1.1 Applicability of PUD Amendment Ordinance. This Ordinance applies to the subject real estate more particularly described in Exhibit A attached hereto (the "Real Estate This Ordinance hereby amends the Original PUD Ordinance by adding Multi Family and Amenity Area as additional permitted uses in the Multi Family Area and establishing development and architectural standards for those uses if the Real Estate is developed to include those uses. 1.2 This Ordinance shall apply only to the Real Estate and to the permitted uses, defined below. 1.3 The text of the Original PUD Ordinance shall remain in effect with the adoption of this ordinance, and, if the Real Estate is developed to include the uses permitted in the Original PUD Ordinance, then the Original PUD Ordinance development and architectural standards shall apply to those uses. 1.4 All provisions and representations of the Original PUD Ordinance or Zoning Ordinance that conflict with the provisions of this ordinance are hereby rescinded Section 2. Section 3. 10.21.2009 as applied to the Real Estate and shall be superseded by the terms of this Ordinance. Definitions. Capitalized terms not otherwise defined in this Ordinance or in the Original PUD Ordinance shall have the meanings ascribed to them in Chapter 3 of the Zoning Ordinance in effect on the date of the enactment of this Ordinance. 2.1 Amended Conceptual Development Plan. A general plan for the development of the Real Estate attached hereto as Exhibit B. 2.2 Amenity Area. An area and/or building containing facilities intended to serve the residents of the Multi Family Area including, without limitation, any one or a combination of the following: (i) a swimming pool, (ii) a bath house with changing rooms and storage, (iii) recreational equipment, (iv) tennis courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor and /or outdoor workout areas, (viii) laundry facilities, (ix) leasing office, (x) resident meeting spaces, (xi) resident gathering spaces, and (xii) any other facilities approved by the Director that compliment and are intended to serve the residents of the Multi Family Area. 2.3 Multi Family Area. That part of the District more particularly delineated on the Amended Conceptual Development Plan. The line delineating the Multi Family Area boundaries may be reasonably adjusted upon submittal of the Final Development Plan. Permitted Uses and Development Requirements in the Multi Family Area. All new Multiple Family and Amenity Area construction, alterations and additions within the Multi Family Area shall be in accordance with the following guidelines. 3.1 Permitted Uses. The following uses shall be permitted in the Multi Family Area: A. Dwellings, Multiple Family B. Apartments C. Amenity Area 3.2 Maximum Building Height. The Building Height shall not exceed sixty (60) feet. 3.3 Minimum Floor Area. The minimum floor area per Dwelling Unit shall be six hundred (600) square feet. 3.4 Setbacks. A. Minimum Front Setback: 0 feet B. Minimum Perimeter Yard: 0 feet C. Minimum Distance Between Buildings: 10 feet 3.5 Maximum Density. Without the approval of the Plan Commission, there shall be no more than one hundred and ninety -six (196) Dwelling Units. 3.6 Architectural and Design Elements. The character illustrations, indicating conceptually the intended architecture and appearance of the multi- family buildings, are attached hereto as Exhibit C. 3.7 Permitted Building Materials. Masonry (excluding stucco, synthetic stucco, and EIFS), pre -cast concrete and cementitious board as primary material on first floor; other sidings (excluding vinyl) are permitted on upper floors. 3.8 Required Window Openings. A minimum of two (2) windows per level, per exposed facade, shall be required (a vent may be substituted for a window on a gable). All windows shall be fully framed and trimmed. This section shall not apply to the garage section of the building. 3.9 Wall Planes. Walls shall not have unbroken planes greater than sixty feet (60') in length. Units may be differentiated by plane and material changes, and separate entrances. 3.10 Porch /Entryways. Stoops should be covered to provide shelter. Individual porches, balconies, stoops or similar outdoor spaces are encouraged on the front and/or the rear of the building. 3.11 Roofline. Rooflines shall not have unbroken lines greater than sixty feet (60') in length. Projecting hip and gable roof elements shall constitute a break in the roofline. 3.12 Trash Areas. Screened trash areas shall be provided. Screening materials may include brick, stone and other masonry materials. Doors may be constructed of metal and /or wood. All doors shall have an automatic closure mechanism such as spring loaded hinges. 3.13 Mechanical Equipment. Any mechanical equipment visible from an adjoining public street shall be screened with suitable landscaping or fencing in general architectural compatibility with the building(s) in which it is associated. Fencing materials may include brick, stone and other attractive masonry screening materials. 3.14 Parking Requirements. 10.21.2009 A. One and one -half (1.5) spaces per Dwelling Unit shall be required. The areas within driveways and garages shall count toward this requirement. B. Covered parking shall match the primary building materials. C. Parking lots shall be landscaped in accordance with this Ordinance and provide pedestrian access to and within the Multi- Family Area and the Real Estate. D. On- Street Parking. (i) Should be encouraged and available for guest parking. (ii) May be used to fulfill parking requirements. (iii) Each space shall be a minimum of eighteen feet (18') in length. E. Bicycle Parking. Bicycle parking shall be provided in compliance with Section 27.06 of the Zoning Ordinance Covered garage spaces may be used to fulfill bicycle parking space requirements. 3.15 Lighting Requirements. Street lighting shall be provided near intersections of streets and alleyways. 3.16 Pedestrian Connectivity. Sidewalks shall be provided throughout the Real Estate to provide direct pedestrian connections within the Multi- Family Area 10.21.2009 Section 4. Landscaping. Landscaping in the Multi- Family Area shall be designed to complement the urban character of the District and the architecture of the buildings. Street trees, streetscape plantings, and buffer areas shall be used to bring natural elements to the design pattern, in consultation with the City's Urban Forester. 4.1 General Landscaping Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing, or any water features. A. 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. Alternate or pervious paving material may be considered, or alternative planting media shall be considered, where planting space is limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc. B. 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 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. 10.21.2009 C. Shade trees shall be at least two and one half (2.5) inch caliper diameter when planted. Ornamental trees shall be at least one and one half (1.5) inch caliper diameter when planted. Evergreen trees shall be six (6) feet in height when planted. Shrubs shall be at least eighteen (18) inches in height when planted. 4.2 Perimeter Landscaping. Perimeter landscaping along the property lines shall be provided in the form of either: (a) street trees for portions of the perimeter abutting public right -of -way; or (b) landscaping per the requirements of the Zoning Ordinance's Type "B" Bufferyard (3 shade trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) for portions of the perimeter not abutting a public right -of -way. The Real Estate's north property line shall be determined a side yard for purposes of the perimeter landscaping requirement. No buffer yard or landscaping internal to the District shall be required between or within the different areas of the District. 4.3 Street Trees. Medium or large growing shade trees shall be planted within the public street right -of -way, parallel to each street, in planting strips or tree wells. Street trees shall be planted a minimum of thirty (30) feet and a maximum of fifty (50) feet on center. In areas of high pedestrian and commercial activity, tree wells shall be covered with decorative grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample passage area is provided, tree planting areas shall be treated as planting beds to soften the hardscape. Street trees shall not be required along or adjacent to private drives or streets interior to the Multi- Family Area. A. Per the City's standards, no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Developer may solicit the aid of the City's Urban Forester in mediating cost effective solutions. B. Street tree species shall be selected from the City's published list of recommended street trees. 4.4 Building Landscaping Standards. Building base landscaping shall be provided at the base of all building elevations which 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 the building's use, setback, height, and architectural features. Window boxes for flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the base of a building due to the building's proximity to a sidewalk, path, street, right -of -way or easement. Building base landscaping may help fulfill bufferyard requirements where applicable. 10.21.2009 A. The following building base plantings shall be required: Three (3) shade trees, three (3) ornamental trees, and twenty -five (25) shrubs shall be planted per one hundred (100) linear feet of building frontage on right -of- way. If trees cannot be planted between the building and the sidewalk, then an alternative location may be chosen for planting. Landscaping interior courtyards are encouraged. 4.5 Parking Lot Plantings. Where parking lots are visible from the public right -of- way, the following requirements shall apply: A. Lot Interior. Minimum of one (1) shade tree per nine (9) parking spaces, with a minimum of one hundred and eighty (180) square feet of useable soil volume being provided for each tree; and B. Lot Perimeter. A minimum five foot (5') wide perimeter planting strip shall be provided on all sides of a parking 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 (100) lineal feet of strip. Walls or fences with a minimum height of forty-two inches (42 may be used in lieu of planting. Perimeter planting may occupy the same space as a required bufferyard but lot perimeter plantings shall be credited towards the perimeter bufferyard planting requirements. 4.6 Maintenance. It shall be the responsibility of the property owner(s) and their agents to insure proper maintenance of project landscaping in accordance with this Ordinance and best management practice standards. This is to include, but is not limited to, mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 5. Signage. Signage within the Multi- Family Area shall be per the Zoning Ordinance. The multi family development also shall be permitted to be identified on the overall project ground signs, located as shown on the Original PUD Ordinance's Conceptual Development Plan. Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Z PASSED by the Common Council of the City of Carmel, Indiana, this day of 2009, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths W. Eric Seidensticker, President Pro Tempore Kevin D. Rider John V. Accetturo Richard L. Sharp Ronald E. Carter Luci Snyder ATTEST Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2009, at .M. ATTEST Diana L. Cordray, IAMC, Clerk Treasurer 7 10.21.2009 Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana this day of 2009, at .M. James Brainard, Mayor This Instrument prepared by: Steven D. Hardin, Esq., Baker Daniels, LLP 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240 1 (317) 569 -9600 10.21.2009 EXHIBIT A LEGAL DESCRIPTION 116 Street Centre Planned Unit Development District Part of the Southwest Quarter of Section 35 and the Southwest Quarter of Section 36, in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of said Southeast Quarter Section; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes 26 seconds West a distance of 100.00 feet to the intersection of the North line of 116 Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200400022719 in the Hamilton County Recorder's office) with the East right of way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as Instrument number 8742050), being the Point of Beginning, (the following five courses are along the East lines of said College Avenue per said "Dedication said point being on a non tangent curve concave Easterly having a central angle of 20 degrees 02 minutes 28 seconds and a radius of 707.00 feet; 1) thence Northerly along the arc of said curve a distance of 247.30 feet (said arc being subtended by a chord having a bearing of North 08 degrees 50 minutes 15 seconds East and a length of 246.04 feet; 2) thence North 18 degrees 17 minutes 09 seconds East a distance of 100.00 feet; 3) thence North 18 degrees 51 minutes 31 seconds East a distance of 71.39 feet to a tangent curve concave Westerly having a central angle of 48 degrees 21 minutes 28 seconds and a radius of 162.00 feet; 4) thence Northerly along the arc of said curve a distance of 136.73 feet (said arc being subtended by a chord having a bearing of North 05 degrees 19 minutes 13 seconds West and a length of 132.71 feet); 5) thence on a tangent line North 29 degrees 29 minutes 57 seconds West a distance of 111.19 feet; thence North 89 degrees 09 minutes 48 seconds East parallel with the South line of said Southwest Quarter Section a distance of 596.48 feet; thence North 00 degrees 22 minutes 52 seconds West a distance of 58.02 feet; thence North 89 degrees 09 minutes 48 seconds East a distance of 220.00 feet; thence South 00 degrees 22 minutes 52 seconds East a distance of 725.72 feet to the North line of 116 Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200300127285 in the Hamilton County Recorder's office); (the remaining 4 courses being along the North lines of said 116 Street as conveyed to the City of Carmel recorded as said Instrument number 200300127285, Limited Warranty Deed recorded as Instrument number 200300127280, Personal Representatives Deed recorded as Instrument number 200300088446 and said Instrument number 200400022719); 1) thence South 89 degrees 09 minutes 48 seconds West a distance of 494.22 feet; 2) thence North 82 degrees 18 minutes 41 seconds West a distance of 66.35 feet; 3) thence North 89 degrees 13 minutes 54 seconds West a distance of 261.39 feet; 4) thence North 57 degrees 22 minutes 41 seconds West along said North line a distance of 29.80 feet to the Point of Beginning. Containing 12.417 acres, more or less. EXHIBIT B AMENDED CONCEPTUAL DEVELOPMENT PLAN 10.21.2009 EXHIBIT C MULTI- FAMILY BUILDING CHARACTER ILLUSTRATIONS 10.21.2009 ORDINANCE Z SPONSOR: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING Z- 484 -05 116 STREET CENTRE PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Section 1. 1.1 An Ordinance Amending the 116` Street Centre Planned Unit Development District Ordinance 1 9.18.2009 WHEREAS, pursuant to Indiana Code §36 -7 -4 -600 et seq., the Common Council of the City of Carmel, Indiana adopted Ordinance Z- 484 -05 establishing the 116 Street Centre Planned Unit Development District; WHEREAS, Section 31.06.04 of the Carmel Zoning Ordinance Z -289 (the "Zoning Ordinance and Indiana Code §36 -7 -4 -1512 provides for the amendment of a Planned Unit Development District; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Carmel, Indiana that pursuant to Indiana Code §36 -7 -4 -600 et seq., and after docket number [insert docket number] having received a favorable recommendation by the Carmel Plan Commission on Tuesday, [insert date], 2009, it hereby adopts this ordinance (this "Ordinance to amend the 116 Street Centre Planned Unit Development District Ordinance Z- 484 -05 (the "Original PUD Ordinance and the Zoning Ordinance, as amended, to read as follows: Applicability of PUD Amendment Ordinance. This Ordinance applies to the subject real estate more particularly described in Exhibit A attached hereto (the "Real Estate This Ordinance hereby amends the Original PUD Ordinance by adding Multi Family and Amenity Area as additional permitted uses in the Multi Family Area and establishing development and architectural standards for those uses if the Real Estate is developed to include those uses. 1.2 This Ordinance shall apply only to the Real Estate and to the permitted uses, defined below. 1.3 The text of the Original PUD Ordinance shall remain in effect with the adoption of this ordinance, and, if the Real Estate is developed to include the uses permitted in the Original PUD Ordinance, then the Original PUD Ordinance development and architectural standards shall apply to those uses. 1.4 All provisions and representations of the Original PUD Ordinance or Zoning Ordinance that conflict with the provisions of this ordinance are hereby rescinded Section 2. Section 3. 9.18.2009 as applied to the Real Estate and shall be superseded by the terms of this Ordinance. Definitions. Capitalized terms not otherwise defined in this Ordinance or in the Original PUD Ordinance shall have the meanings ascribed to them in Chapter 3 of the Zoning Ordinance in effect on the date of the enactment of this Ordinance. 2.1 Amended Conceptual Development Plan. A general plan for the development of the Real Estate attached hereto as Exhibit B. 2.2 Amenity Area. An area and /or building containing facilities intended to serve the residents of the Multi- Family Area including, without limitation, any one or a combination of the following: (i) a swimming pool, (ii) a bath house with changing rooms and storage, (iii) recreational equipment, (iv) tennis courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor and /or outdoor workout areas, (viii) laundry facilities, (ix) leasing office, (x) resident meeting spaces, (xi) resident gathering spaces, and (xii) any other facilities approved by the Director that compliment and are intended to serve the residents of the Multi Family Area. 2.3 Multi- Family Area. That part of the District more particularly delineated on the Amended Conceptual Development Plan. The line delineating the Multi- Family Area boundaries may be reasonably adjusted upon submittal of the Final Development Plan. Permitted Uses and Development Requirements in the Multi Family Area. All new Multiple Family and Amenity Area construction, alterations and additions within the Multi- Family Area shall be in accordance with the following guidelines. 3.1 Permitted Uses. The following uses shall be permitted in the Multi- Family Area: A. Dwellings, Multiple Family B. Apartments C. Amenity Area 3.2 Maximum Building Height. The Building Height shall not exceed sixty (60) feet. 3.3 Minimum Floor Area. The minimum floor area per Dwelling Unit shall be six hundred (600) square feet. 3.4 Setbacks. A. Minimum Front Setback: 0 feet B. Minimum Perimeter Yard: 0 feet 3.14 Parking Requirements. C. Minimum Distance Between Buildings: 10 feet 9.18.2009 3.5 Maximum Density. Without the approval of the Plan Commission, there shall be no more than one hundred and ninety -six (196) Dwelling Units. 3.6 Architectural and Design Elements. The character illustrations, indicating conceptually the intended architecture and appearance of the multi family buildings, are attached hereto as Exhibit C. 3.7 Permitted Building Materials. Masonry (excluding stucco, synthetic stucco, and EIFS), pre -cast concrete and cementitious board as primary material on first floor; other sidings (excluding vinyl) are permitted on upper floors. 3.8 Required Window Openings. A minimum of two (2) windows per level, per exposed facade, shall be required (a vent may be substituted for a window on a gable). All windows shall be fully framed and trimmed. This section shall not apply to the garage section of the building. 3.9 Wall Planes. Walls shall not have unbroken planes greater than sixty feet (60) in length. Units may be differentiated by plane and material changes, and separate entrances. 3.10 Porch /Entryways. Stoops should be covered to provide shelter. Individual porches, balconies, stoops or similar outdoor spaces are encouraged on the front and /or the rear of the building. 3.11 Roofline. Rooflines shall not have unbroken lines greater than sixty feet (60) in length. Projecting hip and gable roof elements shall constitute a break in the roofline. 3.12 Trash Areas. Screened trash areas shall be provided. Screening materials may include brick, stone and other masonry materials. Doors may be constructed of metal and /or wood. All doors shall have an automatic closure mechanism such as spring loaded hinges. 3.13 Mechanical Equipment. Any mechanical equipment visible from an adjoining public street shall be screened with suitable landscaping or fencing in general architectural compatibility with the building(s) in which it is associated. Fencing materials may include brick, stone and other attractive masonry screening materials. A. One and one -half (1.5) spaces per Dwelling Unit shall be required. The areas within driveways and garages shall count toward this requirement. B. Covered parking shall match the primary building materials. -3- 9.18.2009 C. Parking lots shall be landscaped in accordance with this Ordinance and provide pedestrian access to and within the Multi- Family Area and the Real Estate. D. On- Street Parking. (i) Should be encouraged and available for guest parking. (ii) May be used to fulfill parking requirements. (iii) Each space shall be a minimum of eighteen feet (18') in length. E. Bicycle Parking. Bicycle parking shall be provided in compliance with Section 27.06 of the Zoning Ordinance. Covered garage spaces may be used to fulfill bicycle parking space requirements. 3.15 Lighting Requirements. Street lighting shall be provided near intersections of streets and alleyways. Section 4. Landscaping. Landscaping in the Multi- Family Area shall be designed to complement the urban character of the District and the architecture of the buildings. Street trees, streetscape plantings, and buffer areas shall be used to bring natural elements to the design pattern, in consultation with the City's Urban Forester. 4.1 General Landscaping Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing, or any water features. A. 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. Alternate or pervious paving material may be considered, or alternative planting media shall be considered, where planting space is limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc. B. 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 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. C. Shade trees shall be at least two and one half (2.5) inch caliper diameter when planted. Ornamental trees shall be at least one and one half (1.5) inch caliper diameter when planted. Evergreen trees shall be six (6) feet in -4- 9.18.2009 height when planted. Shrubs shall be at least eighteen (18) inches in height when planted. 4.2 Perimeter Landscaping. Perimeter landscaping along the property lines shall be provided in the form of either: (a) street trees for portions of the perimeter abutting public right -of -way; or (b) landscaping per the requirements of the Zoning Ordinance's Type "B" Bufferyard (3 shade trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) for portions of the perimeter not abutting a public right -of -way. The Real Estate's north property line shall be determined a side yard for purposes of the perimeter landscaping requirement. No buffer yard or landscaping internal to the District shall be required between or within the different areas of the District. 4.3 Street Trees. Medium or large growing shade trees shall be planted within the public street right -of -way, parallel to each street, in planting strips or tree wells. Street trees shall be planted a minimum of thirty (30) feet and a maximum of fifty (50) feet on center. In areas of high pedestrian and commercial activity, tree wells shall be covered with decorative grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample passage area is provided, tree planting areas shall be treated as planting beds to soften the hardscape. Street trees shall not be required along or adjacent to private drives or streets interior to the Multi- Family Area. A. Per the City's standards, no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Developer may solicit the aid of the City's Urban Forester in mediating cost effective solutions. B. Street tree species shall be selected from the City's published list of recommended street trees. 4.4 Building Landscaping Standards. Building base landscaping shall be provided at the base of all building elevations which 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 the building's use, setback, height, and architectural features. Window boxes for flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the base of a building due to the building's proximity to a sidewalk, path, street, right -of -way or easement. Building base landscaping may help fulfill bufferyard requirements where applicable. A. The following building base plantings shall be required: Three (3) shade trees, three (3) ornamental trees, and twenty -five (25) shrubs shall be planted per one hundred (100) linear feet of building frontage on right -of- -5- way. If trees cannot be planted between the building and the sidewalk, then an alternative location may be chosen for planting. Landscaping interior courtyards are encouraged. 4.5 Parking Lot Plantings. Where parking lots are visible from the public right -of- way, the following requirements shall apply: A. Lot Interior. Minimum of one (1) shade tree per nine (9) parking spaces, with a minimum of one hundred and eighty (180) square feet of useable soil volume being provided for each tree; and B. Lot Perimeter. A minimum five foot (5') wide perimeter planting strip shall be provided on all sides of a parking 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 (100) lineal feet of strip. Walls or fences with a minimum height of forty -two inches (42 may be used in lieu of planting. Perimeter planting may occupy the same space as a required bufferyard but lot perimeter plantings shall be credited towards the perimeter bufferyard planting requirements. 4.6 Maintenance. It shall be the responsibility of the property owner(s) and their agents to insure proper maintenance of project landscaping in accordance with this Ordinance and best management practice standards. This is to include, but is not limited to, mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 5. Signage. Signage within the Multi- Family Area shall be per the Zoning Ordinance. The multi family development also shall be permitted to be identified on the overall project ground signs, located as shown on the Original PUD Ordinance's Conceptual Development Plan. Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Z- PASSED by the Common Council of the City of Carmel, Indiana, this day of 2009, by a vote of ayes and nays. 9.18.2009 COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths W. Eric Seidensticker, President Pro Tempore Kevin D. Rider John V. Accetturo Richard L. Sharp Ronald E. Carter Luci Snyder ATTEST Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2009, at .M. ATTEST Diana L. Cordray, IAMC, Clerk Treasurer 7 9.18.2009 Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana this day of 2009, at .M. James Brainard, Mayor This Instrument prepared by: Steven D. Hardin, Esq., Baker Daniels, LLP 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240 I (317) 569 -9600 EXHIBIT A LEGAL DESCRIPTION 116 Street Centre Planned Unit Development District Part of the Southwest Quarter of Section 35 and the Southwest Quarter of Section 36, in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: 9.18.2009 Commencing at the Southeast corner of said Southeast Quarter Section; thence South 88 degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes 26 seconds West a distance of 100.00 feet to the intersection of the North line of 116 Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200400022719 in the Hamilton County Recorder's office) with the East right of way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as Instrument number 8742050), being the Point of Beginning, (the following five courses are along the East lines of said College Avenue per said "Dedication said point being on a non tangent curve concave Easterly having a central angle of 20 degrees 02 minutes 28 seconds and a radius of 707.00 feet; 1) thence Northerly along the arc of said curve a distance of 247.30 feet (said arc being subtended by a chord having a bearing of North 08 degrees 50 minutes 15 seconds East and a length of 246.04 feet; 2) thence North 18 degrees 17 minutes 09 seconds East a distance of 100.00 feet; 3) thence North 18 degrees 51 minutes 31 seconds East a distance of 71.39 feet to a tangent curve concave Westerly having a central angle of 48 degrees 21 minutes 28 seconds and a radius of 162.00 feet; 4) thence Northerly along the arc of said curve a distance of 136.73 feet (said arc being subtended by a chord having a bearing of North 05 degrees 19 minutes 13 seconds West and a length of 132.71 feet); 5) thence on a tangent line North 29 degrees 29 minutes 57 seconds West a distance of 111.19 feet; thence North 89 degrees 09 minutes 48 seconds East parallel with the South line of said Southwest Quarter Section a distance of 596.48 feet; thence North 00 degrees 22 minutes 52 seconds West a distance of 58.02 feet; thence North 89 degrees 09 minutes 48 seconds East a distance of 220.00 feet; thence South 00 degrees 22 minutes 52 seconds East a distance of 725.72 feet to the North line of 116` Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument number 200300127285 in the Hamilton County Recorder's office); (the remaining 4 courses being along the North lines of said 116 Street as conveyed to the City of Carmel recorded as said Instrument number 200300127285, Limited Warranty Deed recorded as Instrument number 200300127280, Personal Representatives Deed recorded as Instrument number 200300088446 and said Instrument number 200400022719); 1) thence South 89 degrees 09 minutes 48 seconds West a distance of 494.22 feet; 2) thence North 82 degrees 18 minutes 41 seconds West a distance of 66.35 feet; 3) thence North 89 degrees 13 minutes 54 seconds West a distance of 261.39 feet; 4) thence North 57 degrees 22 minutes 41 seconds West along said North line a distance of 29.80 feet to the Point of Beginning. Containing 12.417 acres, more or less.