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Home My WebLink AboutZ-546-10 Parkwood Crossing West PUD/Adding Financial Institution and Addt'l ParkingORDINANCE Z- 546 -10 Sponsor: Councilman Rider AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARIVIEL, INDIANA AMENDING Z- 359 -01 PARKWOOD CROSSING WEST PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE An Ordinance (unending the Parkwood Crossing West Planned Unit Development District WHEREAS, Section 31.06.04 of the Carmel Zoning Ordinance Z -289, as amended, (the "Carmel Zoning Ordinance and I.C. 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 T.C. 36 -7 -4 -1500 et seq., and after receiving a favorable recommendation by the Carmel Plan Commission under docket number 10070009 OA, it hereby adopts this ordinance, (the "PUD Ordinance Amendment to amend the Parkwood Crossing West Planned Unit Development District Ordinance Z- 359 -01 (the "Original. PUD Ordinance and adopts this PUD Ordinance Amendment as an amendment to the Carmel Zoning Ordinance. Section 1. Applicability of PUD Ordinance Amendment: Section 1.1. The provisions of this PUD Ordinance Amendment shall only apply to the real estate commonly known as Outlot #2 in Parkwood Crossing West, which is more particularly described in Exhibit "A (the "Real Estate Section 1.2. The use and development of the Real Estate shall be governed by this PUD Ordinance Amendment and by those provisions of the Original PUD Ordinance not specifically amended or modified by this PUD Ordinance Amendment. This amendment shall have no effect on the use and development of remaining portion of the real estate defined in the Original PUD Ordinance, except as may be required by context to allow for the provisions of this PUD Ordinance Amendment. Section 1.3. Any capitalized term not defined herein or in the Original PUD Ordinance shall have the meaning as set forth in the Carmel Zoning Ordinance. Section 2. Section 3.6 Architectural Design Requirements: Paragraph E. of Section 3.6 of the Original PUD Ordinance, "Building penthouses shall not apply to the Real Estate. Section 3. Minimum Gross Floor Area: Section 5.3 of the Original PUD Ordinance is hereby amended and restated as follows: Section 5.3 Maximum Gross Floor Area and Density; Permitted Uses. A maximum of two (2) buildings shall per permitted. The gross floor area of any Section 4. Parking Requirements: Paragraph C. of Section 5.5 of the Original PUD Ordinance is hereby amended and restated as follows: Section 5. building shall not exceed Eleven Thousand Four Hundred (11,400) square feet and the total gross floor area of the two pel►►iitted buildings shall not exceed Twenty Thousand (20,000) square feet. A Restaurant shall be the only permitted use on that portion of the Outlot Area not included within the Real Estate governed by this PUD Ordinance Amendment. A Restaurant, a Financial Institution with or without a drive -thru and /or an Automated Teller Machine (ATM) and an Office shall be the only permitted primary uses on the Real Estate. Section 5.5 Parking Requirements. C. For a Restaurant, the minimum number of parking spaces required shall be one (1) space per every four (4) patron seats, plus one (1) space per employee per largest shift. For any other permitted use, the minimum number of parking spaces required shall be three and one -half (31/2) spaces for each one thousand (1,000) square feet of gross floor area. Violations of Ordinance: All violations of this Ordinance shall be subject to Section 34.0 of the Carmel Zoning Ordinance. [SIGNATURES FOLLOW ON NEXT PAGE] 2 PASSED by the Common Council of the City of Carmel, Indiana this day of 2010, by a vote of t ayes and nays. residing Officer or /',PesE T Richard L. Sharp, President Pro Ternpore COMMON COUNCIL FOR THE CITY OF CARMEL Ronald. E. Carter ATTEST: Diana. L. Cordray, IAMC, Clerk t asurer Griffiths vin D. Rider 3 W. Eric Seiderfsticker Presented by me to the Mayor of the City of Carmel, Indiana the 'l day df o r,,, �j Q�, 2010, at I y 1 4 M. 2010, at /.39 -p.m. ATTEST: Diana L. Cordray, TAMC, Clerk easurer 3067383 1. DOCX Z- 546 -10 4 Diana L. Cordray, IAMC, Clerk -Treas Approved by me, Mayor of the City of Cannel, Indiana, this 7 day of rues Brainard, Mayor This Instrument prepared by Paul G. Reis, Esq., Krieg DeVault LLP, 12800 N. Meridian Street, Suite 300, Carmel, Indiana 46032. ORDINANCE Z- 546 -10 EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE A part of the Southwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at a Harrison Monument marking the southwest coiner of said quarter section, said corner being South 89 degrees 24 minutes 09 seconds West 2,693.06 feet from the southeast corner of said quarter section; thence North 89 degrees 24 minutes 09 seconds East, 1261.67 feet along the south line of said quarter section; thence North 00 degrees 35 minutes 56 seconds West, 71.58 feet to the north right -of -way line of 96` Street as described in the dedication and deed to the City of Carmel, recorded as Instrument number 200600018041 in the Office of the Recorder of Hamilton County, Indiana; thence continuing North 00 degrees 35 minutes 56 seconds West, 323.35 feet; thence North 89 degrees 24 minutes 04 seconds East, 213.27 feet; thence North 00 degrees 35 minutes 56 seconds West, 39.22 feet to the Limited. Access right of way line described in the deed to the State of Indiana, recorded as Instrument Number 2001 28753, the ,following 4 calls being along said State of Indiana limited access right of way; (1) thence South 57 degrees 54 minutes 09 seconds East, 61.54 feet; (2) thence South 79 degrees 07 minutes 08 seconds East, 6.34 feet to POINT OF BEGINNING of this description; (3) thence South 79 degrees 07 minutes 08 seconds East, 281.67 feet (4) thence South 00 degrees 05 minutes 00 seconds West, 300.13 feet; to the Northern most easterly corner of said north right -of -way line of 96 Street; thence South 89 degrees 24 minutes 04 seconds West, 272.79 feet; thence North 00 degrees 35 minutes 56 seconds West, 328.06 feet to the POINT OF BEGINNING containing 1.891 acres, more or less. The bearings in this description are based upon the south line of the Southwest Quarter of Section 11 having a bearing of North 89 degrees 24 minutes 09 seconds East. 5 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF LAKE CITY BANK TO AMEND THE PARKWOOD CROSSING WEST PUD ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -605 An Ordinance to Amend the Parkwood Crossing West Planned Unit Development (PUD) Ordinance. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 10070009 OA) to amend Ordinance Z- 359 -01: Parkwood Crossing West PUD in order to allow a financial institution and to add additional parking requirements. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regular meeting on October 19, 2010 the Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 546 -10 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to 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 (October 21, 2010) is Wednesday, January 19, 2011. Rari Hancock, Carmel Advisory Plan Commission Dated: October 21, 2010 2010 -1021; Z- 546- 10.doc; PC Certification.doc ORDINANCE Z- 546 -10 CARMEL ADVISORY PLAN COMMISSION f BY r' Leo Dierckman, President ZE :01 V ZZ 130 OIOZ