HomeMy WebLinkAboutZ-548-11 Park Place PUD As AmendedORDINANCE NO. Z- 548 -11
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING ORDINANCE Z- 500 -06 AS AMENDED BY ORDINANCE Z- 521 -08
AND Z- 526 -09
WHEREAS, pursuant to I.C. 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 and Z- 526 -09, 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:
Section 1. Ordinance Z- 500 -06, Section 5.1(e) is amended as follows:
"5.1(e) There shall be a maximum of 141 independent residential
living units, 56 assisted living units, 26 assisted living memory
support units and 38 nursing care units. The individual unit types
may be modified up to 10% so long as the total number of units
does not exceed 261 units."
Sponsors: Councilor Sharp
Councilor Rider
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this Ordinance are hereby repealed.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.
PASSED by the Common Council of the City of Carmel, Indiana, this
7" day of VY\c 2011, by a vote of S ayes and a
nays. I
hn V. Accetturo
Ronald E. Carter
ATTEST:
ATTEST:
COMMON C9UNCIL FOR THE CITY OF CA
IP
NOT Pt ESEN7'
Treasurer
Diana L. Cordray, IAMC, Clerk -Trea u er
Z -548 -11 Presented to me by t e Mayor of the City of Carmel, Indiana, this day
of Ynoh. 2011, at 8: 3a. .M.
Z- 548 -11 Approved by me, Mayor of the City of Carmel, Indiana, this 1- day of
`fYlahc.� 2011, at 3. -p .M.
Kevin D. Rider
r4IIT 2e5E N)
Richard L. Sharp
Diana L. Cordray, IAM t4i Clerk-
James Brainard, Mayor
Diana L. Cordray, C, Clerk -Treai er
Prepared by: E. Davis Coots, Coots/Henke Wheeler, P.C., 255 E. Carmel Drive, Carmel,
Indiana 46032 (317) 844 -4693
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AMENDED SECOND PETITION TO MODIFY COMMITMENTS
CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE
Mayflower Communities, Inc. (hereinafter "Mayflower successor in interest to Guilford
Partners, LLC (hereinafter "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 constructed as
follows:
"That the maximum number of independent living units to be
constructed 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.
Sponsors: Councilor Sharp
Councilor Rider
Mayflower amended the Commitments in Section 4(2) to provide a maximum number of 171
independent residential living units, 44 assisted living units, 18 assisted living memory support units
and 30 nursing care units for a total number of units contained in the Commitments to be 263, such
amendment approved by the Carmel Plan Commission and Carmel City Council effective March 2,
2009.
Mayflower seeks to amend the Amended Commitments to adjust the unit mix in Section 4(2)
to provide a maximum number of 141 independent residential living units, 56 assisted living units,
26 memory support units and 38 nursing care units for a total number of units contained in the
Commitments to be 261, with the ability to adjust the individual unit types by up to 10% so long as
the total number of units does not exceed 261 units.
All other terms and conditions of the Commitments Concerning 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@chwlaw.com
chwlaw.com
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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.
Cross References: (last deed of record)
Section 2.
by reference:
assigns.
Exhibit "A Attached hereto and incorporated herein by reference as
Exhibit "A" is the legal description of the Real Estate; and,
Sponsors: Councilor Sharp
Councilor Rider
AMENDED SECOND AMENDED COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
In accordance with I.C. 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
Exhibits. The following exhibits are attached hereto and incorporated herein
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and the definitions below shall apply throughout these Commitments.
1. Owner. The term "Owner" shall mean and refer to Mayflower and its successors and
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 141 independent residential living units, 56 assisted
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:
By:
1. The adoption of the Park Place PUD Ordinance Amendment, Ordinance No.
Z- 548 -1.1, by the Council; and.
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- 548 -11, 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.
Section 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 Z' day of FP-4 2011.
MAYFLOWER COMMUNITIES, INC.,
successor in interest to Guilford Partners, LLC,
an Indians limited liability company
living units, 26 assisted living memory support units and 38 nursing care units. The
individual unit types may be adjusted by Mayflower up to 10% of the unit mix so
long as the total number of units does not exceed 261 units.
T7,gv
A-Tro2rvs7
(Name)
(Title)
2
STATE OF INDIANA
COUNTY OF HAMILTON
SS:
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared E. Davis Coots (name) attorney (title) on behalf of Mayflower 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.
My Commission Expires:
COULON
so,.w: Hamilton County
My Commission Expires
Residing i a; Nol nitidsioy20n
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Witness my hand and Notarial Seal this day of b dk 2011.
o'fary Publi
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 by law. E. Davis Coots
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.
AMENDED PETITION TO AMEND ORDINANCE Z- 500 -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 AND ORDINANCE Z- 526 -09
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 I.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 amended Z- 500 -06 by Ordinance Z- 521 -08 adopted October 20,
2008, 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 and
Z- 526 -09 in order 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 141 independent residential
living units, 56 assisted living units, 26 assisted living memory
support units and 38 nursing care units. The individual unit types
may be modified up to 10% so long as the total number of units does
not exceed 261 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.
E. Davis Coots
Coots Henke Wheeler, P.C.
255 E. Carmel Drive
Carmel, IN 46032
(317) 844 -4693
dcoots@chwlaw.com
chwlaw.com
Respectfully submitted,
MAYFLOWER COMMUNITIES, INC.
By:
E. Davis Coots, #3367 -29
Its Attorneys
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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 comer 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.
Plot 5
EXHIBIT "A -1"
LEGAL DESCRIPTION: Parcels 2 and 3
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 corner 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 of the 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 of the North line
of said southwest quarter; thence South 00 degrees 14 minutes 51 seconds East on 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 10 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'
Street; subject to all other legal easement and rights of way.
UNIT MIX MATRIX Original 1' Amendment Proposed Variation
Independent Living 191 171 141 -30
Assisted Living 20 44 56 +12
AL Memory Support 0 18 26 +8
Skilled Nursing 28 30 38 +8
Total 239 263 261
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF M AYFLOWER COMMUNITIES, INC
2011 At P AMEND THE PARK PLACE PUD ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
Dear Members:
ORDINANCE Z 548 11
An Ordinance to Amend the Park Place Planned Unit Development (PUD) Ordinance.
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
The Carmel Advisory Plan Commission offers you the following report on the application to the
Commission (Docket No. 10120003 OA) to amend Ordinance Z- 526 -09 Z- 500 -06: Park Place PUD in
order to amend the breakdown of unit types.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on January 19, 2011 the Commission voted eight (8) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 548 -11 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 (January 25, 2011) is
Monday, April 25, 2011.
iza,"1YG
ST:
R mona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: January 25, 2011
2011-0124; Z-548-11; PC Certification.doc
CARMEL ADVISORY PLAN COMMISSION