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HomeMy WebLinkAboutPacket 03-20-12GRAMERCY MIXED -USE DEVELOPMENT #11100022 DP /ADLS) GRAMERCY PUD MOHAWK HILLS REDEVELOPMENT MARCH 2012 GRRRIERCV, I rk rtk I, oil r r e 1 Ii Ti i iie uin �rw �u 't-o BUCKINGHAM COMPANIES Site Plan Over Aerial Rendered Site Plan Block Plan with Parking and Unit Counts Height Plan Gramercy Common The Ponds The Mills The Crossing As Per PUD Landscape Plan Key Detail Sheets Perimeter Sheets As Per PUD 11100022 DP /ADLS Gramercy PUD (Mohawk Hills Redevelopment) Table of Contents Existing Conditions Conflict Map Nov Dec 2011 Review Letters PUD and Commitments 2006 Traffic Study Forms and Documents 11100022 DP /ADLS Gramercy PUD (Mohawk Hills Redevelopment) Table of Contents 8LI'VSWWMRK ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI1MPPW ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI4SRHW 8LI'VSWWMRK ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI'SQQSRW ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI'SQQSRW 8LI4SRHW 8LI1MPPW    6FDOH   1RUWK G r a m e r c y L003 Carmel, Indiana M a r c h 6 , 2 0 1 2 P r o j e c t # 1 1 1 2 4 8LI'VSWWMRK ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI1MPPW ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI4SRHW 8LI'VSWWMRK ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI'SQQSRW ([IPPMRK9RMXW 4EVOMRK7TEGIW 6IUYMVIH4EVOMRK7TEGIW 8LI'SQQSRW 8LI4SRHW 8LI1MPPW    6FDOH   1RUWK G r a m e r c y L003 Carmel, Indiana M a r c h 6 , 2 0 1 2 P r o j e c t # 1 1 1 2 4 AsPerGramercyPUD DetailPlanForthcoming Matt L. Griffin Matt can be contacted at (317) 710-9196. ADLS Total due: $15,019.68 $912.00 $15,931.68 EES: 116.4 acre DP 1 have issued the Docket Number for Gramercy (DP /ADLS). It is the following: From: Conn, Angelina V <Aconn @carmel.in.gov> Sent: Monday, October 31, 2011 2:53 PM To: Hollibaugh, Mike P; Mindham, Daren; Hancock, Ramona B; Littlejohn, David W; jmolitor @prodigy.net; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue Wold, Alexia K; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy; Druley, Elizabeth A; Haney, Douglas C; Mishler, Nicholas F; Maki, Sue; GARY DOXTATER; Thomas, John G; Redden, Nick; Barnes, David R Cc: Matt L Griffin; Weiss, Zeff A.; Ochs, Timothy; Andy Klineman Subject: Docket No. Assignment: #11100022 DP /ADLS) Gramercy PUD (Mohawk Hills Redevelopment) Docket No. 11100022 DP /ADLS: Gramercy PUD (Mohawk Hills Redevelopment) The applicant seeks site plan and design approval for a multifamily apartments infill and rehabilitation project on 116.4 acres. The site is located at approximately 751 E. 126th Street, at the southwest corner of 126th St. and Keystone Pkwy. The site is zoned PUD /Planned Unit Development. Filed by Matthew Griffin of Buckingham Companies. Petitioner. please note the following: 1. This item will be on the Wednesday, Nov. 16 meeting agenda of the Technical Advisory Committee (TAC), which begins at 9am. A representative must be present at this meeting. The petitioner must submit plans and review materials to all TAC members by Nov. 2 via email and /or mail. The updated TAC members list is online at. www.carmel.in.gov/ Modules /SbowDocument.aspx ?docurmentlD =708. 2. Mailed and Published Public Notice needs to occur no later than Friday, Nov. 4. 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, in order for them to publish it on time. 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, Nov. 4. 4. Proof of Notice (green cards, newspaper affidavit, etc.) needs to be received by this Department no later than Noon, Friday, Nov. 11. 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, Nov. 15 meeting agenda of the Plan Commission (under "Public Hearings which begins at 6 pm. (A representative must be present.) This item will also appear on the Tuesday, Dec. 6 meeting agenda of a Plan Commission Sub Committee, which begins at 6 pm. (A representative must be present) 7. Planning /Zoning Dept. review comments will be issued after the petitioner submits the ADLS application, engineered plans, landscape plan, lighting plan, signage plan, and building elevations ASAP 8. Please refer to the application /checklist for more detail. Matt L. Griffin From: Duncan, Gary R <gduncan @carmel.in.gov> Sent: Thursday, November 10, 2011 10 :36 AM To: Conn, Angelina V; Littlejohn, David W; Mindham, Daren; Boone, Rachel M. Cc: Greg .Hoyes @hamiltoncounty.in.gov; David Lucas; McBride, Mike T; Redden, Nick; Matt L. Griffin Subject: RE: Bridges PUD- HealthSouth hospital Gramercy PUD apartments Engineering has no issues with either project. We have meet regularly with the petitioners to resolve any outstanding engineering issues. We are presently reviewing Grammercy with the petitioner for conformance to the PUD but do not foresee any major issues. 1 met with healthsouth on October 7 and worked through the major comments we had with the project. From: Conn, Angelina V Sent: Monday, November 07, 2011 12 :21 PM To Littlejohn, David W; Duncan, Gary R; Mindham, Daren; Boone, Rachel M. Cc: Greg .Hoyes @hamiltoncounty,in.gov'; 'David Lucas'; McBride, Mike T; Redden, Nick Subject: Bridges PUD- HealthSouth hospital Gramercy PUD apartments Hi, am writing the department reports for these items- to be release this Thursday afternoon. Please let me know if you have any major outstanding issues with either of these items, and i will add them to the dept. reports. (Most likely, they mill be sent to the Dec. 6 committee meetings for further review /discussion.) Thanks! 1. Docket No. 11080018 DP /ADLS: The Bridges PUD HealthSouth Rehabilitation Hospital. The applicant seeks site plan and design approval for a rehabilitation facility /hospital on 6.5 acres. The site is located at approximately 11405 Springmill Rd. and is zoned PUD /Planned Unit Development. Filed by Elizabeth Liles Mann of HealthSouth. 2. Docket No. 11100022 DP /ADLS: Gramercy PUD (Mohawk Hills Redevelopment). The applicant seeks site plan and design approval for a multifamily apartments infill and rehabilitation project on 116.4 acres. The site is located at approximately 751 E. 126 Street, at the southwest corner of 126 St. and Keystone Pkwy. The site is zoned PUD /Planned Unit Development. Filed by Matthew Griffin of Buckingham Companies. Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir, Carmel, IN 46032 0: 317-571-2417 1 F: 317 -571 -2426 1 E: aconnecarmel.in.00v Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail November 10, 2011 Re: Gramercy PUD Dear Mr. Griffin: Sincerely, Buckingham Companies ATTN: Matt Griffin 941 North Meridian Street Indianapolis, IN 46204 VIA E-MAIL: Matt .Griffin@a,buckingharn- co.com We have reviewed the concept plans submitted to the Hamilton County Surveyor's Office on November 10, 2011, for this project and have the following comments: 1. The proposed project falls in the incorporated area and MS4 jurisdiction of the City of Carmel. 2. The proposed project DOES fall in a Carmel Wellhead Protection Zone. 3. The project falls partially in the Moffitt- Williamson Re 4. Please submit complete construction plans, the secondary plat, and I drainage hed. calculations to this office when they become available. 5. The Hamilton County Surveyor's Office has no objections to the design change. 6. Please note that further comments may be necessary at a later date. Should you have any questions, I can be reached at 317 -776 -8495. Greg Hoyes, AC, CFM, CPESC Plan Reviewer Xenton C. Ward, OEM Surveyor of ,Namilion County -Phone (317) 776 -5495 rF'az (3171776 -9628 CC: Angie Conn Carmel DOCS, John Thomas Carmel Engineering Dave Barnes Carmel Engineering, Greg Ilko Crossroad Engineers Suite 188 One.Namikon County Square .Wohlesville, Indiana 46060 -22, 0 Sincerely, cc: OF Cq/m Yp City of cannel �kn�ap DEPARTMENT OF COMMUNITY SERVICES November 10, 2011 Mr. Matt Griffin Buckingham Companies 941 N Meridian Street Indianapolis, IN 46204 RE: Gramercy PUD (Mohawk Rills Redevelopment) Dear Mr. Griffin: The following letter represents comments for this project specifically addressing the area of alternative transportation. I have reviewed the information submitted for the November 16, 2011 Technical Advisory Committee meeting, and cannot offer comments at this point. Comments will be provided after more detailed plans are submitted. We request that all responses to our comments be provided in writing. Failure to provide written responses may result in delay of the review process. It is critical that this office be made aware of all modification made on the plans being re- submitted, particularly if any such changes are considered new or fall outside of our previous reviews. Please provide revised plans indicating all revisions. Please notify us of any changes and specifically state any changes, including changes resulting from Plan Commission, Special Studies or other committee meetings. The Department of Community Services reserves the right to provide additional comments based on subsequent reviews. If you have questions, please contact me at 571-2417. David Littlejohn Alternative Transportation Coordinator Department of Community Services Angie Conn, Department of Community Services Engineering Department Review Project File ONE CIVIC SQUARE Page 1 CARMEL, INDIANA 46032 317 /S71.7q 1-7 6IIIIII1EIICY Zoning Approvals Summary Documents and Commitments TIF Approval: October 16, 2006 City Council Approval: August 21, 2006 Plan Commission Approval: June 20, 2006 11 BUCKINGHAM C O M P A N I E S Table of Contents 1. Summary of Requirements Site Plan Site Plan over Aerial Renderings Images 2. Zoning Ordinance Exhibit A: Legal Description Exhibit B: Existing Conditions Structures Exhibit C: Concept Plan Exhibit D: Building Height Map (Amended in #3 below) Exhibit E: Use Map Exhibit F: Schedule of Permitted Uses Exhibit G: Design Development Standards 3. Zoning Commitments Exhibit A:Legal Description Exhibit B: Bicycle Plan Exhibit C: Hotel /Tavern Use Area 4. TIF Commitments Revised Building Heights (Amends Zoning Exhibit D) GF.11HI[f[Y PUD Development Requirements Commitments Summary 1. Product Type /Design a. Homes facing 126 Street and Auman Dr. must be for -sale, with a maximum of 5 units per building b. No rears of buildings along Auman or 126 Street c. No trash enclosures visible from Auman, 126 or Keystone d. 50 single family detached homes to be provided anywhere on site 2. Height limits: a. Core Area greater of 5 stories or 60 feet b. Core Transitional Area greater of 4 stories of 50 feet c. Interior Transitional Area (3 and 4 th rows from 126 St and Auman) 50 feet d. Perimeter Transitional Area (1 and 2 nd rows from 126 St and Auman) 35 feet e. Clock tower up to 100 feet 3. Setbacks from Mohawk property line: a. Eastern setback (along Keystone)— 30 feet b. Western setback (along Auman) 40 feet c. Northern setback (along 126 Street) 15 feet 4. Parks and Open Space a. 12% open space across entire site b. One park of 2 acres minimum to be located within Core Area c. Linear park of 30 feet in width to be provided between East Auman Dr and the westernmost row of buildings within Gramercy 5. Auman Drive access a. No more than two access points onto Auman Drive from Gramercy site b. Roads that connect with Auman Drive must include traffic calming design techniques 6. Unit cap a. Limited to 2,100 new residential units Page 1 of 2 7. Development Phasing a. 50% of the total acreage may be developed prior to obtaining access to Keystone or Carmel Drive b. All existing apartment buildings must be demolished prior to the construction of the last residential unit on the real estate 8. Bicycle plan a. Development must be consistent with the Gramercy Bicycle Plan 9. Restrictions on Uses a. Max 150,000 s.f. of the following uses: Office, Retail Service b. Use Area A (1 and 2 rows from 126 St and Auman) residential uses only c. Use Area B (3 and 4 rows from 126 St and Auman) Minimum 70% of total gross floor area must be residential Miscellaneous, Transportation /Communication, Temporary, Public Park uses are excluded from calculation d. Use Area C (remainder of site) Minimum 50% of total gross floor area must be residential Miscellaneous, Transportation /Communication, Temporary, Public Park uses are excluded from calculation e. Hotels and Taverns are limited to the SE corner of the site (see Exhibit C) f. The following uses are prohibited: Private helicopter landing, Funeral Home, Boarding or Lodging House, Commercial Kennel, Veterinary Hospital with Commercial Kennel, School of Elementary or Secondary Education g. Outdoor Theater is permitted as a Temporary Use only h. Any School, Trade or Business Use is limited to 20,000 s.f. maximum i. Any Private Club or Lodge Use is limited to 20,000 s.f. maximum Page 2 of 2 'SRGITXYEP-QEKIW4IVMQIXIV6IWMHIRXMEP IMQEKIWFIPS[EVIGSRGITXYEPVITVIWIRXEXMSRW 'SRGITXYEP-QEKIW-RXIVMSV6IWMHIRXMEP IMQEKIWFIPS[EVIGSRGITXYEPVITVIWIRXEXMSRW 'SRGITXYEP-QEKIW4EVOW+VIIR7TEGIW4PE^EW IMQEKIWFIPS[EVIGSRGITXYEPVITVIWIRXEXMSRW 'SRGITXYEP-QEKIW1M\IH9WI IMQEKIWFIPS[EVIGSRGITXYEPVITVIWIRXEXMSRW 'SRGITXYEP-QEKIW4EVOMRK IMQEKIWFIPS[EVIGSRGITXYEPVITVIWIRXEXMSRW 'SRGITXYEP-QEKIW6IEVWSJ&YMPHMRKW IMQEKIWFIPS[EVIGSRGITXYEPVITVIWIRXEXMSRW 'SRGITXYEP-QEKIW-RXIVMSV'SYVX]EVHW IMQEKIWFIPS[EVIGSRGITXYEPVITVIWIRXEXMSRW AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CAR1VIEL, INDIANA, ESTABLISHING THE GRAMERCY PLANNED UNIT DEVELOPMENT DISTRICT 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 -1500 et seq.; WHEREAS, the Carmel /Clay Plan Commission (the "Commission has given a favorable recommendation to the ordinance set forth herein "Gramercy which establishes the Gramercy Planned Unit Development District (the "District which shall also be referred to as the "Gramercy Ordinance." NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council that (i) pursuant to IC §36 -7 -4 -1500 et seq., it adopts this Gramercy Ordinance, as an amendment to the Carmel /Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior commitments shall be null and void and replaced and superseded by this Gramercy Ordinance, and (iii) this Gramercy Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 Applicability of Ordinance ORDINANCE Z- 493 -06 SPONSOR: Councilor Rattermann The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel /Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A," which is attached hereto and incorporated herein by reference (the "Real Estate as a Planned Unit Development District known as Gramercy. 1.2. Development in the District shall be governed entirely by (i) the provisions of this Gramercy Ordinance and its exhibits, and (ii) those provisions of the Carmel /Clay Zoning Ordinance specifically referenced in this Gramercy Ordinance. Development in the District shall be exempt from the provisions, standards and requirements in the Subdivision Control Ordinance, including but not limited to provisions regarding standards of design contained in Chapter 6 of the Carmel Subdivision Control Ordinance and open space requirements contained in Chapter 7 of the Carmel Subdivision Control Ordinance; provided, however, the provisions regarding procedures for subdivisions, penalties and plat certificates shall apply. In the event of a discrepancy and /or conflict between the Gramercy Ordinance and the (i) Carmel /Clay Zoning Ordinance, (ii) the Sign Ordinance, or (iii) Subdivision Control Ordinance, the provisions of this Gramercy Ordinance shall apply. 1.3. Any capitalized term not defined herein shall have the meaning as set forth in the Carmel /Clay Zoning Ordinance in effect on the date of the enactment of this Gramercy Ordinance. Section 2 Current Conditions and Structures. Attached hereto and incorporated herein by reference as Exhibit `B" is an aerial photograph depicting the boundaries of the Real Estate and the Existing Apat tments and Existing Apartment Accessory Uses. The Existing Apartments and the Existing Apartment Accessory Uses shall be permitted to remain in their current conditions and shall not be subject to the terms and conditions of this Gramercy Ordinance and the Gramercy Design and Development Standards. However, as redevelopment of the Real Estate occurs and a portion or portions of either the Existing Apartments and /or the Existing Apartment Accessory Uses are intentionally removed or demolished in order to accommodate the redevelopment, the newly constructed buildings and structures shall be subject to this Gramercy Ordinance and the Gramercy Design and Development Standards. All improvements in existence as of the date of this Ordinance may be maintained, remodeled, and reconstructed, including reconstruction after fire or other casualty. Section 3 Platting. The platting of the Real Estate into smaller Sections shall be permitted but not required to split the Real Estate into smaller Sections. If platting occurs, the Primary Plat and the Secondary Plat for any Section shall be approved administratively, so long as (i) the proposed Primary Plat and Secondary Plat, as applicable, complies with the requirements set forth in the attached Gramercy Design and Development Standards, which is attached hereto and incorporated herein by reference as Exhibit "G (ii) the Primary Plat substantially complies with the approved Development Plan and ADLS approval, and (iii) the Secondary Plat complies with the approved Primary Plat, the approved Development Plan and the ADLS approval. Primary Plat approval or Primary Plat and Secondary Plat Approval for any Section may be obtained concurrently with Development Plan and ADLS approvals. The creation of a new property or boundary lines within the Real Estate shall not impose or establish new development standards, including but not limited to the creation of required setbacks other than the required Perimeter Setbacks provided in Section 4.4(A -D), beyond those specified below in the Gramercy Design and Development Standards for the entirety of the Real Estate. However, the development of any Section or Sections shall conform to the requirements set forth in the Gramercy Design and Development Standards, and all other applicable requirements contained in this Gramercy Ordinance. Except as specifically provided for otherwise in this Gramercy Ordinance, the provisions regarding procedures for subdivisions and plat certificates shall apply. Section 4 Design and Development Standards and Permitted Uses 4.1. Design and Development Standards. The design and development of the District shall comply with Exhibit "G the Gramercy Design and Development Standards. A. Gramercy Development, Phasing, and Access 1 Fifty percent (50 of the total acreage of the Real Estate may be developed pursuant to the standards and requirements of this Gramercy Ordinance without vehicular access to Keystone Avenue or Carmel Drive. 2. The total remaining acreage of the Real Estate that is not developed pursuant to Section 4.1(A)(1) above may be developed and built pursuant to the standards and requirements of this Gramercy Ordinance upon the acquisition of additional curb cuts and /or additional real estate that can accommodate vehicular access to either Keystone Avenue or Carmel Drive. B. Auman Drive Access: Streets located on the Real Estate that approach and ultimately intersect with East Auman Drive shall incorporate appropriate traffic calming techniques in their design, including but not limited to jogs in the street alignment within the Real Estate. As part of the ADLS and Development Plan process, the number and location of any access points to East Auman Drive and /or Shoshone Drive shall be reviewed and approved by the Plan Commission. Unless specifically required by the Plan Commission, Department of Community Services, Department of Engineering and /or the Board of Public Works, the Developer shall not permit more than two access points onto East Auman Drive and /or Shoshone Drive. Access point locations shall be determined in cooperation with the Department of Community Services, Department of Engineering and /or Board of Public Works. 4.2. Permitted Uses and Use Areas. Exhibit "E which is attached hereto and incorporated herein by reference, sets forth the general locations of Use Areas A, B and C (as defined below). Exhibit "F which is attached hereto and incorporated herein by reference, sets forth the Permitted District Uses for each Use Area, subject to the other requirements and standards of this Gramercy Ordinance, including the provisions contained in Sections 4.2(D) and 4.2(E) below. A. Use Area A. "Use Area A" shall be defined as the first and second rows of Buildings that are either (1) situated immediately along and facing the western property line or (2) situated immediately along and facing the northern property line as generally depicted on Exhibit "E B. Use Area B. "Use Area B" shall be defined as the third and fourth rows of Buildings to the east and south of Use Area A as generally depicted on Exhibit "E Within Use Area B, a minimum of 3- seventy percent (70 of the total gross floor area shall contain uses which are listed in Exhibit "F" in the "Residential Uses" category, provided, however, that any uses listed in Exhibit "F" in the categories titled "Miscellaneous," "Transportation and Communication Uses," and "Temporary Uses," as well as the "Public Park" use shall be excluded from any calculation of gross floor area. C. Use Area C. "Use Area C" shall be defined as all areas of the Real Estate not specifically identified or described as part of Use Areas A or B, as generally depicted on Exhibit "E Within Use Area C, a minimum of fifty percent (50 of the total gross floor area shall contain uses which are listed in Exhibit "F" in the "Residential Uses" category, provided, however, that any uses listed in Exhibit "F" in the categories titled "Miscellaneous," "Transportation and Communication Uses," and "Temporary Uses," as well as the "Public Park" use shall be excluded from any calculation of gross floor area. D. Limitations on Uses. Within the Gramercy District, no more than one hundred fifty thousand (150,000) square feet shall contain permitted uses listed in Exhibit "F" in the following categories: (i) "Office Uses (ii) "Retail Service Uses E. 126 Street/Keystone Avenue Special Use Height Area. In addition to the uses permitted in Use Area A and Use Area B respectively, all other uses identified in Exhibit "F" shall be permitted as a Special Use, but only in the portions of these Use Areas located to the east of the easternmost entrance to the Real Estate from 126 Street. As part of a Special Use request pursuant to this Section 4.2(E), the maximum Building Height may be modified. F. Mixed Uses. For any uses that are permitted in any Use Area as listed in Exhibit "F those permitted uses may be contained in different combinations within a single Building. G. Leasing. For any Dwelling Unit within the District, the owner of said Dwelling Unit shall be permitted to lease or rent the Dwelling Unit to another person(s), subject to the rules and ordinances of the City of Carmel and the rules of any applicable Homeowner's Association. H. Model Homes. Model Homes shall be permitted in any of the areas as listed in Exhibit "F" and shall be governed by the City of Carmel's rules and ordinances governing Model Homes. I. Temporary Uses. Temporary Uses shall be permitted as listed in Exhibit "F" and shall be governed by the City of Carmel's rules and ordinances governing Temporary Uses. 4.3. Building Height. Exhibit "D which is attached hereto and incorporated herein by reference, sets forth the general locations of the Perimeter Transitional Area, the Interior Transitional Area, the Core Transitional Area, and the Core Area (as defined below). A. Perimeter Transitional Area. The "Perimeter Transitional Area" shall be defined as the first and second rows of Buildings that are either (1) situated immediately along and facing the western property line or (2) situated immediately along and facing the northern property line as generally depicted 011 Exhibit "D." The maximum Building Height within the Perimeter Transitional Area shall be thirty-five feet (35'). B. Interior Transitional Area: The "Interior Transitional Area" shall be defined as the third and fourth rows of Buildings to the east and south of the Perimeter Transitional Area as generally depicted on Exhibit "D." The maximum Building Height within the Interior Transitional Area shall be fifty feet (50'). C. Core Transitional Area: The "Core Transitional Area" shall be defined as the area generally depicted as the Core Transitional Area on Exhibit "D." The maximum Building Height within the Core Transitional Area shall be sixty -five feet (65'). D. Core Area: All areas of the Real Estate not specifically identified or described as part of a Transitional Area on Exhibit "D" shall constitute the Core Area. The maximum Building Height within the Core Area shall be one hundred feet (100'). 4.4 Perimeter Setbacks. A. Western Property Line: There shall be a minimum setback of fifteen feet (15') from the western property line of the Real Estate. B. Northern Property Line: There shall be a minimum setback of fifteen feet (15') from the northern property line of the Real Estate. C. Eastern Property Line: There shall be a minimum setback of thirty feet (30') from the eastern property line of the Real Estate. D. Southern Property Line: There shall be no minimum setback from the southern property line of the Real Estate. E. Internal Setbacks: There shall be no minimum setbacks required 5 for any internal boundary lines created by platting or splitting the Real Estate. 4.5 Building Orientation. Any building situated along the portion of the Real Estate directly adjacent to either 126 Street or East Auman Drive shall be oriented in such a way that the rear of the building does not face either 126 Street or East Auman Drive. 4.6 Trash Enclosures. No trash enclosures, compacters, dumpsters, or other permanent structure or structures for refuse or recycling storage shall be located such that it is visible from the properties (1) adjacent to the western perimeter of the Real Estate and East of Auman Drive, (2) adjacent to the northern perimeter of the Real Estate and 126 Street, or (3) adjacent to the eastern perimeter of the Real Estate and Keystone Avenue. 4.7 Streets. New streets located within the Gramercy District may be either (1) dedicated to the public through the platting process, or (2) maintained in private access easements (such as alleys) that shall connect to publicly dedicated streets, as determined by the Developer and approved through the ADLS and Development Plan process by the Plan Commission. Streets shall be designed in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. Streets shall remain open and accessible to the public and shall not be gated or access- controlled, unless otherwise approved through the ADLS and Development Plan process by the Plan Commission. Section 5 Accessory Buildings. All Accessory Buildings and Accessory Uses shall be permitted except that any detached accessory building shown in any Development Plan shall on all sides be architecturally compatible with the principal building(s) with which it is associated. Section 6 Landscaping. Landscaping shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. A Landscape Plan shall be submitted as part of any ADLS approval and Development Plan approval for any Section to be developed. Section 7 Lighting. Lighting shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. A Lighting Plan shall be submitted as part of any ADLS approval and Development Plan approval for any Section to be developed. Section 8 Parking. Parking shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. Section 9 Signage. Signage shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. 6 Section 10 Approval Process 10.1. Nature of Development Requirements. The development requirements set forth in this Gramercy Planned Unit Development District are expressed in detailed terms as provided under I.C. 36- 7- 4- 1509(a)(2). As permitted under I.C. 36- 7- 4- 1509(e), the approval process contained in this Section 10 shall be adhered to in order to obtain an Improvement Location Permit. 10.2. Approval or Denial of the Primary Plat/Development Plan. Exhibit "C which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP However, the CP does not constitute the approved Development Plan or Primary Plat for the Real Estate, nor does it constitute the ADLS approval for the Real Estate and the improvements thereon, considered in connection with the Gramercy Ordinance. The development of any Section of Gramercy shall require further (i) Architectural Design, Exterior Lighting, Landscaping and Signage Regulations "ADLS approval pursuant to Chapter 24 of the Carmel Zoning Ordinance and (ii) development plan approval pursuant to Chapter 24 of the Carmel Zoning Ordinance ("Development Plan (iii) Primary Plat approval, and (iv) Secondary Plat approval in accordance with Section 10.3 below. If there is a Substantial Alteration in the approved ADLS or Development Plan, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. Notwithstanding anything herein to the contrary, neither ADLS approval or Development Plan approval shall alter the specific development requirements contained in this Gramercy Ordinance unless agreed to by the Developer, and compliance with the specific development requirements set forth in this Gramercy Ordinance shall not be the basis for denial of ADLS approval or a Development Plan for a Section. 10.3. Approval or Denial of Secondary Plat. A. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Secondary Plat (the "SP for the Gramercy Ordinance; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the SP that is in substantial conformance with the Development Plan and Primary Plat and is in conformance with this Gramercy Ordinance and the Gramercy Design and Development Standards. If the Director disapproves any SP, the Director shall set forth in writing the basis for the disapproval. Upon receipt of such written disapproval, the applicant may either amend the Secondary Plat to address the stated reasons for denial and resubmit the amended Secondary Plat or schedule the request for approval of the SP for a hearing before 7 the full Plan Commission. B. An amendment to the SP, which is not determined by the Director to be a Substantial Alteration from the approved Development Plan and Primary Plat, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration between the approved Development Plan and or Primary Plat and any proposed SP, the Director may, at the Director's discretion, refer the amended SP to the Commission, or a Committee thereof, for review and approval by the Commission and /or a Committee thereof. C. The SP shall be a specific plan for the development of all of the Real Estate or a Section that is submitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, streets and building information. 10.4. Additional Notification Required. In addition to the public notice required by law for any ADLS, Development Plan, or Variance Petition submitted for any Section(s) of the District or any building(s) within the District, the Developer shall provide the same notification via USPS mail to the following individuals: (i) President of the Homeowner's Association, Enclave subdivision, (ii) President of the Homeowner's Association or other appointed representative, Auman subdivision, and (iii) President of the Homeowner's Association or other appointed representative, Newark Village subdivision. Section 11 Construction Activity and Construction Traffic. Any construction activity and /or construction traffic that occurs within and upon the Real Estate shall be subject to all relevant regulations, ordinances, and technical specifications of the City of Carmel that govern such activity. Unless specifically required by the City of Carmel Board of Public Works and /or the City of Carmel Department of Engineering, the Developer shall not permit any construction entrances and /or construction traffic onto East Auman Drive. The Developer shall direct construction traffic away from residential neighborhoods, subject to the direction of the City of Carmel Board of Public Works and/or the City of Carmel Department of Engineering. Unless otherwise approved or required by the City of Carmel Board of Public Works and /or the City of Carmel Department of Engineering, construction work hours shall be between the hours of 7:00 am and 7:00 pm, and no work shall be performed on the following days: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Section 12 Rules of Construction 12.1. General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: 8 Section 13 Section 34. Section 14 A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Violations. All violations of this Gramercy Ordinance shall be subject to 0 of the Carmel /Clay Zoning Ordinance. Definitions 14.1. Alteration, Minor: Any change to an approved plan of any type that involves the revision of less than ten percent (10 of the plan's total area or approved materials. 14.2. Alteration, Substantial: Any change to an approved plan of any type that involves the revision of ten percent (10 or more of the plan's total area or approved materials. 14.3. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip and gambrel roofs. 14.4. City: The City of Carmel, Indiana. 14.5. Commission: The Carmel /Clay Plan Commission. 14.6. Council: The Common Council of the City of Carmel, Indiana. 14.7. County: Hamilton County, Indiana. 14.8. Conceptual Plan: Conceptual Plan shall mean and refer to a general plan for the development of the Real Estate showing the conceptual layout of blocks, streets, and open spaces pursuant to the Gramercy Planned Unit Development Ordinance (the "Gramercy Ordinance All locations of streets and open spaces are intended to facilitate the communication of standards within the Gramercy Ordinance and are subject to modification by the Developer. Final street and open space locations shall be generally consistent in character with the Conceptual Plan and shall be determined in accordance with each Section that is the subject of an ADLS and Development Plan submittal or shall be approved by the Director. The Conceptual Plan for the Gramercy Planned Unit Development District is depicted on Exhibit "C" which is attached hereto and incorporated herein 9 by reference. 14.9. Condominium: A residential living unit or units as defined in and governed by the Indiana Code, Sections. 32- 25 -1 -1 to 32- 25 -9 -2, inclusive. 14.10. Developer: Buckingham Properties, Inc. and its successors and assigns. 14.11. Development: The Real Estate constituting the District as it may be developed and improved in accordance with this Ordinance and the Development Requirements contained herein. 14.12. Development Requirements: Development standards and any requirements specified in this Gramercy Ordinance which must be satisfied in connection with the approval of a Secondary Plat. 14.13. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. 14.14. District: Approximately 116.6 acres of land described in Exhibit "A" which is attached hereto and incorporated herein by reference. 14.15. Existing Apartments: The Existing Apartments are depicted on Exhibit "B" which is attached hereto and incorporated herein by reference and consists of all the current apartment structures and buildings on the Real Estate. 14.16. Existing Apartment Accessory Uses: The Existing Apartment Accessory Uses are depicted on Exhibit `B" which is attached hereto and incorporated herein by reference and include, but are not limited to, all accessory buildings, structures and improvements relating to the Existing Apartments, such as streets, parking areas, landscaping, lighting, signage, garage structures, covered garage structures, trash enclosures and trash structures, clubhouse, swimming pool, tennis courts, covered garage structures, the apartment complex clubhouse and related structures, the golf course, the golf course clubhouse, and all related golf course improvements, structures and facilities and all other improvements currently existing on the Real Estate. 14.17. General Service: An establishment or place of business primarily engaged in the provision of services, and with little or no retail sales. 14.18. Live/Work Dwelling: A type of Building in which the uses permitted in the Office Uses, Educational Uses, Retail Service Uses and Cultural /Entertainment Uses that are set forth in the Schedule of Permitted Uses that is attached to the Gramercy Ordinance as Exhibit "F which is attached hereto and incorporated by reference, are permitted in the 10 Live /Work Dwelling. Both residential and non residential uses shall be permitted in a Live /Work Dwelling. 14.19. Open Space: A land or water surface within the Development designed and intended for the use and enjoyment of some or all of residents of the Development and, where designated, the community at large. Grass and landscaped areas, hardscape materials, paths and sidewalks may be included in any area calculations of open space so long as they are associated with landscaping, planting areas, or trees for shade. 14.20. Parking Lot, Commercial: Any area of land used or intended for off street surface parking and operated for remuneration. 14.21. Parking Structure, Commercial: Any building, facility or structure used as an enclosed off street parking facility and operated for remuneration. 14.22. Parking Structure, Private: Any building, facility or structure used as an enclosed off street parking facility, and privately owned. 14.23. Permitted District Uses: The Permitted District Uses shall mean and refer to the permitted uses set forth in Exhibit "F the Schedule of Permitted Uses, which is attached hereto and incorporated herein by reference. 14.24. Real Estate: The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A which is attached hereto and incorporated herein by reference. 14.25. Secondary Plat: A specific plan for the development of the Real Estate, a portion of the Real Estate or a Section of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for the site. 14.26. Section: A specific area or parcel of the Real Estate that is submitted for ADLS approval, Development Plan and/or Primary Plat approval (the "DP Approval 14.27. Sign Ordinance: The City of Carmel Sign Ordinance, Section 25.07 of the City of Carmel Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana this 04 day 2006, by a vote of 5 ayes and nays. Pp siding er Richard L. Sh ald E. Carter 0 PPos S Fredrick J. Glaser ATT fr Diana L. Cordray, IAMC, Cler reasurer Presented by me to th Diana L. Cordray, IAMC, Clerk Tre surer Approved by me, Mayor of the City of Carmel, Indiana, this 141- 2006, at o'clock 1 0 .M. ATTEST: COMMON COUNCIL FOR THE CITY OF CARMEL Pr= "ident Pro Tempore Diana L. Cordray, IAMC, Clerk Tre Brian D. Mayo &PP Mark Rattermann ayor of the City of Carmel, Indiana the c" day of 2006, at 9.` 0 2 o'clock .M. A J nard, Mayor ay of This Instrument prepared by: David E. Leazenby and Sara Nasuti Buckingham Properties, Inc. 333 N. Pennsylvania St., 10 Floor Indianapolis, IN 46204 This Instrument reviewed by: James E. Shinaver NELSON FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Gramercy PUD Ver7 7 -17 -06 Timothy Ochs ICE MILLER One American Square, Box 82001 Indianapolis, IN 46282 ALSO: Exhibit "A" Legal Description Part of the Northwest Quarter and part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest Comer of the Northeast Quarter of Section 31, Township 18 North, Range 4 East; thence South 90 degrees 00 minutes 00 seconds East (assumed bearing) on and along the North line of said Northeast Quarter 657.90 feet; thence South 00 degrees 15 minutes 20 seconds East 2657.80 feet to the South line of said Northeast Quarter; thence South 89 degrees 56 minutes 10 seconds West on and along aforesaid South line 660.00 feet to the Southwest Comer of said Northeast Quarter; thence South 90 degrees 00 minutes 00 seconds West on and along the South line of the Northwest Quarter of said Section 31, 660.00 feet; thence North 00 degrees .12 minutes 35 seconds West parallel with the East line of said Northwest Quarter 2081.30 feet to a point which is 577.50 feet South and 00 degrees 12 minutes 35 seconds East of the North line of said Northwest Quarter; thence South 89 degrees 58 minutes 35 seconds East parallel with the North line of said Northwest Quarter 379.50 feet; thence North 00 degrees 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and along aforesaid North line 280.50 feet to the Place of Beginning Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Beginning 657.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the Northwest Comer of the Northwest Corner of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20 seconds East 2657.80 feet to the South line of said Northeast Quarter, distant 660.00 feet Easterly from the Southwest Comer thereof; thence North 89 degrees 56 minutes 10 seconds East on and along aforesaid South line 476.85 feet to the West right of way line of State Road #431; thence on and along aforesaid West right of way line of said State Road #431 the following Nine (9) courses; thence North 05 degrees 26 minutes 50 seconds East 157.45 feet; thence North 01 degree 43 minutes 42 seconds East 200.42 feet; thence North 10 degrees 24 minutes 02 seconds East 150.56 feet; thence North 05 degrees 26 minutes 50 seconds East 462.20 feet to the point of Curvature of a curve to the left with a radius of 19,011.59 feet; thence Northerly on and along said curve to the left 1,580.57 feet through a central angle of 04 degrees 45 minutes 48 seconds; thence North 38 degrees 59 minutes 10 seconds West 98.58 feet; thence North 89 degrees 56 minutes 05 seconds West 200.00 feet; thence North 67 degrees 03 minutes 20 seconds West 54.27 feet; thence North 00 degrees 03 minutes 55 seconds East 16.14 feet to the North line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West on and along aforesaid North line 353.27 feet to the Place of Beginning. Page 1 of 2 ALSO: Part of the Northwest Quarter of Section 31, Township 16 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of the Northwest Quarter of Section 31, Township 18 North, Range 4 East, which is 280.50 feet North 89 degrees 58 minutes 35 seconds West (assumed bearing) of the Northeast Corner of said Northwest Quarter; thence South 00 degrees 12 minutes 35 seconds East parallel with the East line of said Northwest Quarter 577.50 feet; thence North 89 degrees 58 minutes 35 seconds West parallel with the North line of said Northwest Quarter 379.50 feet; thence North 00 degrees, 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and along aforesaid North line 379.50 feet to the Place of Beginning. Page 2 of 2 )\LMFMX&)\MWXMRK'SRHMXMSRWERH7XVYGXYVIW 126th Street E. Carmel Dr. Exhibit'C'-ConceptualPlan )\LMFMXq(r&YMPHMRK,IMKLX1ET 4IVMQIXIV8VERWMXMSREP%VIEJIIXQE\ -RXIVMSV8VERWMXMSREP%VIEJIIXQE\ 'SVI8VERWMXMSREP%VIEJIIXQE\ 'SVI%VIE JIIXQE\ )\LMFMXq)r9WI1ET %VIE% %VIE& %VIE' Exhibit "F" - Schedule of Permitted Uses Version 5 3 3HUPLWWHG%ODQN 3URKLELWHG 68 6SHFLDO8VH Area AArea BArea C 5HVLGHQWLDO8VHV Single Family DwellingPPP Two Family DwellingPPP Multiple Family Dwelling¹ PPP Detached DwellingPPP Accessory DwellingPPP Attached DwellingPPP Home OccupationPPP Bed & Breakfast InnP Model HomePPP Guest HousePP Boarding or Lodging HousP e P Nursing/Retirement/Convalescent Facilit y Private Swimming Pool, etPP c Live/Work DwellingPP ¹ Within District A, any Multiple Family Dwelling shall contain for-sale units only and the number of units per Building shall be limited to 5 or less. 2IILFH8VHV Clinical or Medical Health CenteP r Research Laboratory or FacilitP y General OfficesPP Professional OfficesPP Training FacilitP y ,QVWLWXWLRQDO8VHV Church/Temple/Places of WorshipSU HospitalSU Surgery CenteP r Urgent Care FacilitP y Rehabilitation FacilitP y P Physical/Occupational Car e LibrarPP y Post OfficePP Public Service FacilitPP y (GXFDWLRQDO8VHV School, Trade or BusinessPP College or UniversitPP y Day Nursery/Day CarPP e Kindergarten/PreschoolPP PP School of General Elementary or Secondary Educatio n 5HWDLO 6HUYLFH8VHV General Retail SalesPP General ServicePP Automobile Service StationP Automobile/Truck Repair (indoorP ) CaféPP DelicatessenPP Coffee ShopPP Commercial KennelP Dry Cleaning Establishment (w/ on-site plantP ) Dry Cleaning Establishment (w/out on-site plantPP ) PP Equipment Sales/Repair (indoor ) Financial Institution (with drive-thru)P Financial Institution (without drive-thru)PP Automated Teller Machine (ATM)PP 1 of 2 3 3HUPLWWHG%ODQN 3URKLELWHG 68 6SHFLDO8VH Area AArea BArea C Food StandP Funeral Home/Mortuary/CrematorSU y Roadside Sales StandP Self-Service LaundrPP y Veterinary Hospital with commercial kenneP l Veterinary Hospital without commercial kenneP l Wholesale SalesP &XOWXUDO(QWHUWDLQPHQW8VHV Art GallerPP y Art & Music CentePP r HotelP Hotel (full service)P Indoor TheateP r Outdoor TheateP r Catering EstablishmenPP t Restaurant, without drive-thru salesPP Restaurant, with walk-up/drive-thru food salesP Meeting or Party HallP MuseumPP Tavern/Night ClubP ,QGXVWULDO8VHV Printing/Publishing EstablishmenPP t 5HFUHDWLRQDO Commercial Recreational Facility, IndooPP r Commercial Recreational Facility, OutdooP r Community CentePP r Country ClubP Golf CourseP Health/Fitness FacilitPP y Private Club or LodgePP PP Private Recreational Facilit y Park, PubliPPP c 0LVFHOODQHRXV Artificial Lake or Pond (non-plattedPPP ) SU Commercial Parking Lo t Commercial Parking StructureP Private Parking StructurePP 7HPSRUDU\8VHV Construction FacilitPP y Display, OutdooPP r Model HomesPPP Sales, OutdooPP r PP Sales, Seasonal Outdoo r Special Event, OutdooPP r Antenna²P PP Collocated Antenna ² Radio and/or Television StudioPP Radio/Television Transmission AntennaP ² Wireless Telecommunications Antenna²PP SU Private Helicopter Landing/Service Facilit y ² If visually integrated with or camouflaged on or within another structure (including but not limited to a chimney stack, church spire, light standard, monument, penthouse, power line support device, or clock tower) 2 of 2 CROSS REFERENCES: 200400054329 200600032874 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, Mohawk Associates, LLC, an Indiana limited liability company, and Gramercy Development Partners, LLC, an Indiana limited liability company (hereafter collectively referred to as, "Buckingham the owners of the real estate located in Carmel, Hamilton County, Indiana, which is described on Exhibit A attached hereto and made a part hereof "Real Estate make the following commitments (the "Commitments concerning the use and development of the Real Estate as Gramercy the "Development to the City of Carmel Common Council (the "Council for Gramercy Planned Unit Development Ordinance. Section 1. Cross Reference. These Commitments are made in connection with approvals obtained under Ordinance No. Z- 493 -06, the Gramercy Planned Unit Development Ordinance, approved by the Council on e.1 2006 (the "Gramercy PUD Section 2. Exhibits. The following exhibits are attached hereto and incorporated herein by reference: COPY 2006000 .50623 F iled or EF IL 1'pN COUNTY, i JENNIFER J NA f I�If IAh� riiSC j PIA. Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the real estate (the "Real Estate Exhibit `B Attached hereto and incorporated herein by reference as Exhibit `B" is the Gramercy Bicycle Plan. Exhibit "C Attached hereto and incorporated herein by reference as Exhibit "C" is the Gramercy Hotel/Tavern Use Plan. Section 3. Definitions. Different words and ten is are defined throughout these Commitments and, further, the following definitions shall apply throughout these Commitments: 1. Owner. The teini "Owner" shall mean and refer to Buckingham and their successors and assigns. Section 4. Commitments. The Owner agrees and commits to the following: 1. That the design and construction of the Real Estate shall be consistent with the development standards set out in Exhibit `B the Gramercy Bicycle Plan, which is attached hereto. 2. That the required minimum set back from the western property line of the Real Estate shall be forty (40) feet. 3. That the following uses shall be prohibited on the Real Estate: a. Private helicopter Landing /Service Facility b. Funeral Home/Mortuary/Crematory c. Boarding or Lodging House d. Commercial Kennel e. Veterinary Hospital with Commercial Kennel f. School of Elementary or Secondary Education 4. That any Outdoor Theater use on the Real Estate shall be of a temporary nature and shall not be permitted as a peimanent use on the Real Estate. 5. That any School, Trade or Business use shall be limited to a maximum of twenty thousand (20,000) square feet for each individual School, Trade or Business. 6. That any Private Club or Lodge use shall be limited to a maximum of twenty thousand (20,000) square feet for each individual Private Club or Lodge. 7. That prior to completion of construction of the last residential unit on the Real Estate permitted under the Gramercy PUD, the Owner shall have completed the demolition of all apartment buildings currently located on the Real Estate as of the date of these Commitments. 8. That the location of any Hotel Use or Tavern/Night Club Use shall be limited to the area of the Real Estate depicted as the Hotel/Tavern Use Area on Exhibit "C the Gramercy Hotel /Tavern Use Plan, which is attached hereto. 9. That a linear park of at least thirty (30) feet in width shall be provided between East Auman Drive and the westernmost row of buildings within Gramercy. The linear park may be contained in whole or in part within (a) the right -of -way of East Auman Drive, (b) the Real Estate, or (c) a combination thereof. The acreage contained within the linear park may be used to fulfill the open space requirements of the Gramercy PUD. The design of the linear park shall be subject to the review and approval of the Director of the Department of Community Services. 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 2 Gramercy Planned Unit Development District pursuant to Ordinance No. Z- 493 -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: 1. The adoption of the Gramercy PUD as Ordinance No.Z- 493 -06 and the amendment of the Zoning Map for Carmel, Indiana designating the Real Estate as Gramercy PUD classification pursuant to Ordinance No.Z- 493 -06; 2. The commencement of the development of the Real Estate in accordance with the Gramercy PUD 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 date first written above. Signatures next page 3 STATE OF INDIANA )SS: COUNTY OF MARION Witness my hand and Notarial Seal this S day of My Commission Expires: �Vr�e f Mohawk Associates, LLC, an Indiana limited liability company By: Mohawk Manager, LLC, an Indiana limited liability company, Manager Before me, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, Manager of Mohawk Manager, LLC, an Indiana limited liability company, Manager of Mohawk Associates, LLC, an Indiana limited liability company and acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. 4 By: Bradley B Chambers, Manager eAvads Printed Notary Public County of Residence: MartPA (SEAL) My Commission Expires: Sunk t'1 Zo�Z Gramercy Development Partners, LLC, an Indiana limited liability company By: House Investments Mohawk Investors I, LLC, an Indiana limited liability company, Member By Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member By: Bradley B. Chambers, Manager AND STATE OF INDIANA SS: COUNTY OF WM 6 By: House Investments Mohawk Investors, II, LLC, an Indiana limited liability company, Member By: Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member By: Bradley B. Chambers, Manager Before me, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, Manager of Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member of House Investments Mohawk Investors I, LLC, an Indiana limited liability company, Member of Gramercy Development Paituers, LLC, an Indiana limited liability company who acknowledged execution of the foregoing Declaration for and on behalf of said limited liability company. l Witness my hand and Notarial seal this t�'� day of 5t 5 j ni-c vJe1x a 2006. (printed name) Notary Public My County of Residence: VIAtixiM STATE OF INDIANA COUNTY OF Y VJ SS: Before me, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, Manager of Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member of House. Investments Mohawk Investors II, LLC, an Indiana limited liability company, Member of Gramercy Development, LLC, an Indiana limited liability company who acknowledged execution of the foregoing Declaration for and on behalf of said limited liability company. Witness my hand and Notarial seal this 1 d ay of t T 2006. (SEAL) (printed name) 6 (si My Commission Expires: My County of Residence: S u� f1 �v l 2 YlAki tOLW1tAit ture) Notary Public Prepared By: James E. Shinaver, Nelson Frankenberger, 3105 East 98 Street, Suite 170, Indianapolis, IN 46280. 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. James E. Shinavor ALSO: Exhibit "A" Legal Description Part of the Northwest Quarter and part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest Comer of the Northeast Quarter of Section 31, Township 18 North, Range 4 East; thence South 90 degrees 00 minutes 00 seconds East (assumed bearing) on and along the North line of said Northeast Quarter 657.90 feet; thence South 00 degrees 15 minutes 20 seconds East 2657.80 feet to the South line of said Northeast Quarter; thence South 89 degrees 56 minutes 10 seconds West on and along aforesaid South line 660.00 feet to the Southwest Comer of said Northeast Quarter; thence South 90 degrees 00 minutes 00 seconds West on and along the South line of the Northwest Quarter of said Section 31, 660.00 feet; thence North 00 degrees _12 minutes. 35 seconds West parallel with the East line of said Northwest Quarter 2081.30 feet to a point which is 577.50 feet South and 00 degrees 12 minutes 35 seconds East of the North line of said Northwest Quarter; thence South 89 degrees 58 minutes 35 seconds East parallel with the North line of said. Northwest Quarter 379.50 feet; thence North 00 degrees 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and along aforesaid North. line 280.50 feet to_the Place of Beginning Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Beginning 657.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the Northwest Corner of the Northwest ,Corner of the Northeast Quarter of Section 31, Township 18, North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20 seconds East 2657.80 feet to the South line of said Northeast Quarter, distant 660.00 feet Easterly from the Southwest Comer thereof; thence North 89 degrees 56 minutes 10 seconds East on and along aforesaid South line 476.85"feet to- the -West -right of -way line of State Road #431; thence on and along aforesaid West right of way line of said State Road #431 the following Nine (9) courses; thence North 05 degrees 26 minutes 50 seconds East 157.45 feet; thence North 01 degree 43 minutes 42 seconds East 200.42 feet; thence North 10 degrees 24 minutes 02 seconds East 150.56 feet; thence North 05 degrees 26 minutes 50 seconds East 462.20 feet to the point of Curvature of a curve to the left with a radius of 19,011.59 feet; thence Northerly on and along said curve to, the left 1,580.57 feet through a central angle of 04 degrees 45 minutes 48 seconds; thence North 38 degrees 59 minutes 10 seconds West 98.58 feet; thence North 89 degrees 56 minutes 05 seconds West 200.00 feet; thence North 67 degrees 03 minutes 20 seconds West 54.27 feet; thence North 00 degrees 03 minutes 55 seconds East 16.14 feet to the North line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West on and along aforesaid North line 353.27 feet to the Place of Beginning. Page 1 of 2 ALSO: Part of the Northwest Quarter of Section 31, Township 16 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of the Northwest Quarter of Section 31, Township 18 North, Range 4 East, which is 280.50 feet North 89 degrees 58 minutes 35 seconds West (assumed bearing) of the Northeast Comer of said Northwest Quarter; thence South 00 degrees 12 minutes 35 seconds East parallel with the East line of said Northwest Quarter 577.50 feet; thence North 89 degrees 58 minutes 35 seconds West parallel with the North line of said Northwest Quarter 379.50 feet; thence North 00 degrees, 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and along aforesaid North line 379.50 feet to the Place of Beginning Page 2 of 2 GRRRIERCY Gramercy Bicycle Plan Gramercy PUD Commitments "Exhibit B" City of Carmel August 21, 2006 11 BUCKINGHAM C O M P A N I E S Gramercy Bicycle Plan Introduction The Gramercy PUD and Conceptual Plan is a plan designed with the goal of creating a model bicycle friendly neighborhood where cycling is a safe, attractive, and convenient form of transportation and recreation for people of all ages and abilities. The Gramercy transportation system shall be characterized by three basic modes of transportation: motor vehicles, bicycles and pedestrians. All decisions related to the planning, design and implementation of Gramercy's street network shall include consideration of each of these modes. Each ADIS /Development Plan shall be evaluated for the accommodation of each mode within its street design. In general, streets should be no wider than necessary to accommodate safe traffic flow, parallel parking, emergency vehicles, and adequate pedestrian/bicycle circulation as appropriate to the character and use of the area. Streets, sidewalks and multi -use paths shall be designed to provide a safe, comfortable, and convenient experience for pedestrians and bicyclists. All residents and visitors should be able to circulate through the site to open spaces, homes, and businesses on -foot or by bicycle via roadways, sidewalks, and multi -use paths. Efforts shall be made to connect pedestrian and bicycle routes to adjoining off-site routes. Definitions Bicycle Route. A Bicycle Route is a system of Bikeways specifically designed to accommodate the safe and convenient travel of bicyclists. Bikeway. A Bikeway is a road or path which is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Bicycle Boulevards, Bicycle Paths, and Bicycle Lanes are all forms of Bikeways. Bicycle Boulevard (Bicycle Priority Street). A Bicycle Boulevard is a street on which all types of vehicles are allowed, but the street is specifically designed, signed, and marked to enhance bicycle safety and convenience. On a Bicycle Boulevard, a bicycle has priority over motorized transportation. Bicycle Path. A Bicycle Path is a Bikeway that is physically separated from motor vehicle traffic by an open space or barrier. Bicycle Lane. A Bicycle Lane is a portion of a street which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists. 2 ti BUCKINGHAM C O M P A N I E S Gramercy Bicycle Route Standards 1. There shall be a minimum of one (1) north -south Bicycle Route located on the Real Estate. The north -south route(s) shall be direct, and shall include signage designating it as a Bicycle Route. The north -south route(s) shall connect to off -site bicycle facilities if and when provided at its northern and southern points of termination. 2. There shall be a minimum of one (1) east -west Bicycle Routes located on the Real Estate. The east-west route(s) shall be direct, and shall include signage designating it as a Bicycle Routes. The east -west route(s) shall connect to off -site bicycle facilities if and when provided at its eastern and western points of termination. 3. Bicycle Routes shall be provided along the northern and western perimeters of the Real Estate within the Right -of -Way or as otherwise approved by the Director of Department of Community Services. 4. The location and design of all Bicycle Routes and Bikeways on the Real Estate shall be subject to the review and approval of the Director of Department of Community Services. 3 ti Ia 0 0 111 111 I:'1 BUCKINGHAM C O M P A N I E S 5.Minimum Standards for Bicycle Routes shall include: a.Signage designating the Bicycle Route b.Adequate lighting Example of Bicycle Route signage 4 6.Minimum Standards for Bicycle Boulevards shall include: a.Pavement markings b.Signage c.Landscaping and medians specifically constructed to reduce conflicts at intersections Example of a landscaped median as part of a Bicycle Boulevard used to reduce traffic conflicts Example of Bicycle Boulevard Signage 5 7.Minimum Standards for Bicycle Lanes shall include: a.Minimum five (5) foot width b.Pavement markings c.Signage Example of an urban 5’ Bicycle Lane Example of using color to delineate a Bicycle Lane Example intersection treatment for a Bicycle Lane 6 8.Minimum Standards for Bicycle Paths shall include: a.Minimum six (6) foot width b.Asphalt surface material, or other suitable alternative Example of a Bike Path Example of a Bike Path along a street 7 Bicycle Parking Standards 1. For Multiple Family Dwellings, a minimum of one (1) bicycle parking space shall be provided for every five dwelling units. Bicycle parking may be provided in either: (a) outdoor bicycle parking areas, (b) indoor bicycle parking areas, (c) private storage areas, (d) dwelling units, or (e) a combination thereof, subject to the review of the Transportation Systems Coordinator. 2. Bicycle parking shall be provided for non residential and mixed -use buildings at a rate of five (5) bicycle parking spaces per one hundred (100) required automobile parking spaces, unless in a specific case the Transportation Systems Coordinator had deemed that less bicycle parking is needed. Bicycle parking for non- residential and mixed -use buildings that are located adjacent to plazas may be provided within the plaza area, as determined to be appropriate by the Transportation Systems Coordinator. 3. Exceptions may be considered for establishments or areas where it can be clearly demonstrated that it is not a destination for the general public utilizing bicycles, as determined by the Transportation Systems Coordinator. 4. The location and design of bicycle parking spaces shall follow the standards of the City of Carmel, however, alternatives may be approved by the Department of Community Services in consultation with the Transportation Systems Coordinator. 8 ti 11 11 Ill I1 EY BUCKINGHAM C O M P A N I E S Cross References: 200400054329, 200600032874, and 200600050623 COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE 20061 006272 Filed for Record it HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 10 -18 -2006 At 12 :13 PM. NIS 28.00 Mohawk Associates, LLC an Indiana limited liability company, and Gramercy Development Partners, LLC an Indiana limited liability company, (hereafter collectively referred to as, "Buckingham the owners of the real estate located in Carmel, Hamilton County, Indiana, which is described on Exhibit A attached hereto and made a part hereof "Real Estate make the following commnitments (the "Commitments concerning the use and development of the Real Estate as Gramercy (the "Development to the City of Carmel Common Council (the "Council Section 1. Cross Reference. These Commitments are made in connection with approvals obtained under Ordinance No. Z- 493 -06, the Gramercy Planned Unit Development Ordinance, approved by the Council on August 21, 2006 (the "Gramercy PUD commitments recorded with the Hamilton County, Indiana Recorder on August 28, 2006 as Instrument No. 2006- 00050623 (the "Gramercy Rezone Commitments and, Resolution No. CC -09 -18 -0602 and Ordinance No. D- 1830 -06 (the "Gramercy Economic District approved by the Council on September 18, 2006 and Outo bw 4 b 2006 respectively. Section 2. Exhibit. The following exhibit is attached hereto and incorporated herein by reference: Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the Real Estate. Section 3. Definitions. Different words and terms are defined throughout these Commitments and the definitions below shall apply throughout these Commitments. Further, other capitalized terms herein are defined in the Gramercy Ordinance and Gramercy Rezone Commitments: 1. Owner. The term "Owner" shall mean and refer to Buckingham and its successors and assigns. 2. Story or Stories. The term "Story" or "Stories" shall mean and refer to that part of any Building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, that part of the Building comprised between the level of the highest finished floor and the top of the roof beams. 3. Final Development. The term "Final Development" shall mean and refer to the final ADLS approval for the last section of the Gramercy District so that (i) all the Real Estate within the Gramercy District has undergone ADLS approval and (ii) Page 1 of 6 construction of the improvements associated with the final ADLS approval for the last section of the Gramercy District has been completed. 4. Landmark Clock Tower. The term "Landmark Clock Tower" shall mean and refer to the tower described in subparagraph (iii) of the Introduction to the Gramercy Design and Development Standards that is attached as Exhibit "G" to the Gramercy PUD. Section 4. Commitments. The Owner agrees and commits to the following: 1. That the maximum Building Height in the Core Transitional Area, as the same is defined pursuant to Section 4.3 (C) of the Gramercy PUD, shall be the greater of either four (4) Stories or fifty (50) feet. 2. That the maximum Building Height in the Core Area, as the same is defined pursuant to Section 4.3 (D) of the Gramercy PUD, shall be the greater of either five (5) Stories or sixty (60) feet. 3. Notwithstanding anything in these Commitments to the contrary, the Landmark Clock Tower may be constructed to the maximum height permitted under the Gramercy PUD. 4. That a minimum total of fifty (50) single family detached residences shall be constructed upon the Real Estate prior to or as part of the Final Development of the Real Estate. 5. Notwithstanding the requirements of Section 1.2 of the Gramercy Design and Development Standards, which is attached to the Gramercy PUD as "Exhibit G which requires that a minimum of ten percent (10 of the acreage within the District as a whole shall be provided as Open Space, the Owner shall cause a minimum of twelve percent (12 of the acreage within the Gramercy District to be provided as Open Space prior to or as part of the Final Development of the Real Estate, and that the linear park that is described in Section 4, paragraph 9 of the Gramercy Rezone Commitments shall qualify as Open Space for purposes of this Commitment. 6. That the two (2) acre minimum park referenced in Section 1.2 of the Gramercy Design and Development Standards that is attached as Exhibit "G" to the Gramercy PUD shall be located within the Core Area as depicted on the Building Height Map that is attached as Exhibit "D" to the Gramercy PUD. 7. That the maximum number of residential units to be constructed upon the Real Estate, excluding the Existing Apartments and Existing Apartment Accessory Uses, shall be two thousand one hundred (2,100) units. Section 5. Binding on Successors. These Commitments are binding on the Owner of the Real Estate and each subsequent owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Council. These Commitments Page 2 of 6 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 Gramercy Planned Unit Development District pursuant to Ordinance No. Z- 493 -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: 1. The adoption of an ordinance by the Council assigning the requested Gramercy Economic District to the Real Estate pursuant to Resolution No.CC- 09- 18 -06 -02 and Ordinance No.D- 1830 -06; 2. The commencement of the development of the Real Estate in accordance with the assignment of the requested Gramercy PUD classification pursuant to Ordinance NO.Z- 493-06, as evidenced by the issuance of a building permit and improvement location permit, or their equivalent, for such development. Section 7. Recording. The undersigned hereby authorizes the Clerk Treasurer of the City of Carmel to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. 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 date written below. Signatures next page Page 3 of 6 STATE OF INDIANA SS: COUNTY OF MARION Witness my hand and Notarial Seal th My_commission Expires: U7ne 1 z Residing in \Nan DA County Mohawk Associates, LLC, an Indiana limited liability company, By: Mohawk Manager, LLC, an Indiana limited liability company, Manager By: Before me the undersigned, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, Manager of Mohawk Manager, LLC, an Indiana limited liability company, Manager of Mohawk Associates, LLC, an Indiana limited liability company and acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. is 4 I day of 0 6-16 2006. Not Public j'ey\ &c. ayzi Printed Name Bradley B. Chambers, Manager Page 4 of 6 STATE OF INDIANA SS: COUNTY OF MARION Gramercy Development Partners, LLC, an Indiana limited liability company By: House Investments Mohawk Investors I, LLC, an Indiana limited liability company, Member AND By: Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member By: By: House Investments Mohawk Investors II, LLC, an Indiana limited liability company Member By: Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member By: Brad °y B. Chambers, Manager Bradley B. Chambers, Manager Before me the undersigned, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, Manager of Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member of House Investments Mohawk Investors I, LLC, an Indiana limited liability company, Member of Gramercy Development Partners, LLC, an Indiana limited liability company who acknowledged the execution of the foregoing Declaration for and on behalf of said limited liability company. Witness my hand and Notarial Seal this V1-0 day of OC.ko Ll 2006. My Commission Expires: U v1 1/4 F2— Not Public Residing in M61..1/ s County \,.a\ka Ala a,rl S Page 5 of 6 STATE OF INDIANA SS: COUNTY OF MARION Before me the undersigned, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, Manager of Buckingham Mohawk, LLC, an Indiana limited liability company, Managing Member of House Investments Mohawk Investors II, LLC, an Indiana limited liability company, Member of Gramercy Development, LLC, an Indiana limited liability company who acknowledged the execution of the foregoing Declaration for and on behalf of said limited liability company. Witness my hand and Notarial Seal this My Commission Expires: I V n e 1 1 1 7 0 1Z Residing in t y�- County Gramercy Additional Commitments 10 -16 -06 FINAL Printed Name day of 0 CAD 2006. ANIL 1 i No ary Public Gev Edvv S Printed Name Prepared By: James E. Shinaver, Nelson Frankenberger, 3105 East 98 Street, Suite 170, Indianapolis, IN 46280. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. James E. Shinaver Page 6 of 6 Exhibit °A" Legal Description Part of the Northwest Quarter and part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest Corner of the Northeast Quarter of Section 31, Township 18 North, Range 4 East; thence South 90 degrees 00 minutes 00 seconds East (assumed bearing) on and along the North line of said Northeast Quarter 657.90 feet; thence South 00 degrees 15 minutes 20 seconds East 2657.80 feet to the South line of said Northeast Quarter; thence South 89 degrees 56 minutes 10 seconds West on and along aforesaid South line 660.00 feet to the Southwest Corner of said Northeast Quarter; thence South 90 degrees 00 minutes 00 seconds West on and along the South line of the Northwest Quarter of said Section 31, 660.00 feet; thence North 00 degrees .12 minutes 35 seconds West parallel with the East line of said Northwest Quarter 2081.30 feet to a point which is 577,50 feet South and 00 degrees 12 minutes 35 seconds East of the North line of said Northwest Quarter; thence South 89 degrees 58 minutes 35 seconds East parallel with the North line of said Northwest Quarter 379.50 feet; thence North 00 degrees 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and along aforesaid North line 280.50 feet to_the Place of Beginning. ALSO: Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Beginning 657.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the Northwest Corner of the Northwest Corner of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20 seconds East 2657.80 feet to the South line of said Northeast Quarter, distant 660.00 feet Easterly from the Southwest Corner thereof; thence North 89 degrees 56 minutes 10 seconds East on and along aforesaid South line 476.85'feet to the West right of way line of State Road #431; thence on and along aforesaid West right of way line of said State Road #431 the following Nine (9) courses; thence North 05 degrees 26 minutes 50 seconds East 157.45 feet; thence North 01 degree 43 minutes 42 seconds East 200.42 feet; thence North 10 degrees 24 minutes 02 seconds East 150.56 feet; thence North 05 degrees 26 minutes 50 seconds East 462,20 feet to the point of Curvature of a curve to the left with a radius of 19,011.59 feet; thence Northerly on and along said curve to the left 1,580.57 feet through a central angle of 04 degrees 45 minutes 48 seconds; thence North 38 degrees 59 minutes 10 seconds West 98.58 feet; thence North 89 degrees 56 minutes 05 seconds West 200.00 feet; thence North 67 degrees 03 minutes 20 seconds West 54.27 feet; thence North 00 degrees 03 minutes 55 seconds East 16.14 feet to the North line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West on and along aforesaid North line 353.27 feet to the Place of Beginning. Page 1 of 2 ALSO: Part of the Northwest Quarter of Section 31, Township 16 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of the Northwest Quarter of Section 31, Township 18 North, Range 4 East, which is 280.50 feet North 89 degrees 58 minutes 35 seconds West (assumed bearing) of the Northeast Corner of said Northwest Quarter; thence South 00 degrees 12 minutes 35 seconds East parallel with the East line of said Northwest Quarter 577.50 feet; thence North 89 degrees 58 minutes 35 seconds West parallel with the North line of said Northwest Quarter 379,50 feet; thence North 00 degrees, 12 minutes 35 seconds West parallel with the East line of said. Northwest Quarter 577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and along aforesaid North line 379.50 feet to the Place of Beginning. Page 2 of 2 +VEQIVG]6IZMWIH&YMPHMRK,IMKLXW JIIXQE\ JIIXQE\ +VIEXIVSJWXSVMIWSVJIIXQE\ +VIEXIVSJ WXSVMIWSV JIIXQE\ TRAFFIC IMPACT ANALYSIS PREPARED BY A&F ENGINEERING CO., LLC GRAMERCY BUCKINGHAM COMPANIES KEYSTONE AVENUE EXECUTIVE SUMMARY FEBRUARY 2006 INTRODUCTION PURPOSE A Traffic Impact Analysis was prepared on behalf of the Buckingham Companies for a proposed mixed use development titled "Gramercy" that will be located along Keystone Avenue (U. S. 431) between 126 Street (Mohawk Drive) and Carmel Drive in Carmel, Indiana. The purpose of the analysis was to determine what effect traffic generated by the proposed development will have on the existing adjacent roadway system. DESCRIPTION OF THE PROPOSED DEVELOPMENT The proposed development is to be located west of Keystone Avenue between 126 Street (Mohawk Drive) and Carmel Drive in Cannel, Indiana. The traffic analysis was based on an estimated development of approximately 700 multi family dwelling units, approximately 1500 townhouse /condominium dwelling units, senior housing with approximately 120 dwelling units, approximately 50,000 square feet of office land use, approximately 80,000 square feet of retail land use and a hotel with approximately 120 rooms. This information represents a conceptual development plan that could vary due to market conditions. As proposed, the site will have a right in/right -out access along Keystone Avenue, four access drives along 126 Street, an access with Carmel Drive through the extension of AAA Way and four access drives along Auman Drive East. The attached Figure 1 is an area map showing the proposed site and the approximate locations of the proposed access drives. DESCRIPTION OF EXISTING MOHAWK HILLS APARTMENT COMPLEX The mixed use development as proposed by Buckingham Companies will replace the existing Mohawk Hills apartment complex and golf course. The existing complex has approximately 564 dwelling units. The estimated existing traffic volumes that are associated with the existing 564 multi family dwelling units were subtracted from the generated traffic volumes of the proposed 700 multi family dwelling units in order to analyze the true impact of the proposed mixed use development. STUDY AREA The study area defined for this analysis included the following intersections: Keystone Avenue and 126 Street (Mohawk Drive) Keystone Avenue and Carmel Drive Keystone Avenue and 116 Street Keystone Avenue and Proposed Right In/Right -Out Access In addition, recommendations have been made for the proposed access drives along 126 Street and along Auman Drive East. 1 TRAFFIC SCENARIOS The following traffic scenarios were analyzed at the study intersections: Scenario 1 Existing Traffic Scenario 2 Existing Traffic Proposed Development Traffic Scenario 3 —Year 2016 Background Traffic (Horizon Year) Scenario 4 Year 2016 Background Traffic Proposed Development Traffic DESCRIPTION OF THE EXISTING INTERSECTION GEOMETRICS The following study intersections are currently controlled by a coordinated traffic signal system. The existing intersection geometrics are shown on Figure 2 and include the following: Keystone Avenue and 126` Street (Mohawk Drive) Northbound Approach: Southbound Approach: Eastbound Approach: Westbound Approach: Keystone Avenue and Carmel Drive Northbound Approach: Southbound Approach: Eastbound Approach: Westbound Approach: Keystone Avenue and 116` Street Northbound Approach: Southbound Approach: Eastbound Approach: Westbound Approach: A left -turn lane, two through lanes and a right -turn lane. A left-turn lane, two through lanes and a right -turn lane. A left-turn lane and a shared through /right -turn lane. A left-turn lane and a shared through/right -turn lane. A left -turn lane, two through lanes and a right -turn lane. A left -turn lane, two through lanes and a right -turn lane. A left -turn lane, a through lane and a right -turn lane. A left-turn lane and a shared through/right -turn lane. A left -turn lane, two through lanes and a right -turn lane. A left -turn lane, two through lanes and a right -turn lane. A left -turn lane, two through lanes and a right -turn lane. A left -turn lane, two through lanes and a right -turn lane. CAPACITY ANALYSIS RESULTS The "efficiency" of an intersection is based on its ability to accommodate the traffic volumes that approach the intersection. It is defined by the Level -of- Service (LOS) of the intersection. The LOS is determined by a series of calculations commonly called a "capacity analysis Input data into a capacity analysis include traffic volumes, intersection geometry, number and use of lanes and, in the case of signalized intersections, traffic signal timing. To determine the LOS at each of the study intersections, a capacity analysis has been made using the recognized computer program Synchro' which incorporates capacity calculations based on the Highway Capacity Manual (HCM) An analysis has then been made for the AM peak hour and PM peak hour for each of the study intersections considering each of the previously mentioned traffic scenarios. The following tables summarize the results of the capacity analysis for the study intersections. 2 MOVEMENT SCENARIO 1 2 3A 3B 4 Northbound Approach C C D B C Southbound Approach D D F D D Eastbound Approach E E E D E Westbound Approach E E F D E Intersection D D E D D MOVEMENT SCENARIO 1 2 3A 3B 4 Northbound Approach C C C C C Southbound Approach C C D D D Eastbound Approach D D E D D Westbound Approach D D F D D Intersection D D D D D TABLE 1 LEVEL OF SERVICE SUMMARY: KEYSTONE AVENUE AND 126 STREET (MOHAWK DRIVE) Scenario 1: Scenario 2: Scenario 3: Scenario 4: AM PEAK HOUR PM PEAK HOUR DESCRIPTION OF SCENARIOS Existing Traffic Volumes Sum of Existing Traffic and Proposed Development Traffic Year 2016 Background Traffic Volumes Sum of Year 2016 Background Traffic and Proposed Development Traffic NOTES: This intersection was analyzed as a coordinated signal system with the near -by intersections along Keystone Avenue. The existing system cycle lengths as provided by the Indiana Department of Transportation were used to analyze the existing traffic volumes (Scenario 1). Optimized cycle lengths were used when analyzing the remaining scenarios. Scenarios 1 and 3A were analyzed with the existing intersection geometries. Scenario 2 was analyzed with the addition of a continuous eastbound right -turn lane along 126 Street that starts 100 feet west of the western most proposed access (Access #1) and continues through the remaining access drives to Keystone Avenue. Scenario 3B was analyzed with the following improvements along Keystone Avenue: 1. The conversion of the northbound right -turn lane along Keystone Avenue into a shared through /right -turn lane. 2. The conversion of the southbound right -turn lane along Keystone Avenue into a shared through/right -turn lane. Scenario 4 was analyzed with the improvement along 126 Street as needed for Scenario 2 as well as the improvements along Keystone Avenue as needed per Scenario 3B. 3 MOVEMENT SCENARIO 1 lA 2 3A 3B 4 Northbound Approach C C C C B B Southbound Approach F C D E D D Eastbound Approach D D D E D D Westbound Approach F E E F D D Intersection E C D D C D MOVEMENT SCENARIO 1 lA 2 3A 3B 4 Northbound Approach B C C D C C Southbound Approach E E E E E E Eastbound Approach D C D E C D Westbound Approach E E D E E E Intersection D D D E D D Scenario 1: Scenario 2: Scenario 3: Scenario 4: TABLE 2 LEVEL OF SERVICE SUMMARY: KEYSTONE AVENUE AND CARMEL DRIVE AM PEAK HOUR DESCRIPTION OF SCENARIOS PM PEAK HOUR Existing Traffic Volumes Sum of Existing Traffic and Proposed Development Traffic Year 2016 Background Traffic Volumes Sum of Year 2016 Background Traffic and Proposed Development Traffic NOTES: This intersection was analyzed as a coordinated signal system with the near -by intersections along Keystone Avenue. The existing system cycle lengths as provided by the Indiana Department of Transportation were used to analyze the existing traffic volumes (Scenario 1 and Scenario 1A). Optimized cycle lengths were used when analyzing the remaining scenarios. Scenario 1 was analyzed with the existing intersection geometrics. Scenarios 1A, 2 and 3A were analyzed with the addition of a second northbound left -turn lane along Keystone Avenue. Scenarios 3B and 4 were analyzed with the second northbound left -turn lane along Keystone Avenue as mentioned above as well as the following improvements: 1. The conversion of the northbound right -turn lane along Keystone Avenue into a shared through /right -turn lane. 2. The addition of a third southbound through lane along Keystone Avenue. 4 MOVEMENT SCENARIO 1 2 3A 3B 4 Northbound Approach D D E D D Southbound Approach B D E C D Eastbound Approach E D E D D Westbound Approach E E F D E Intersection D D E D D MOVEMENT SCENARIO 1 2 3A 3B 4 Northbound Approach D D E D E Southbound Approach C D D C C Eastbound Approach D D E D E Westbound Approach D D D D D Intersection D D E D D Scenario 1: Scenario 2: Scenario 3: Scenario 4: TABLE 3 LEVEL OF SERVICE SUMMARY: KEYSTONE AVENUE AND 116 STREET AM PEAK HOUR DESCRIPTION OF SCENARIOS PM PEAK HOUR Existing Traffic Volumes Sum of Existing Traffic and Proposed Development Traffic Year 2016 Background Traffic Volumes Sum of Year 2016 Background Traffic and Proposed Development Traffic NOTES: This intersection was analyzed as a coordinated signal system with the near -by intersections along Keystone Avenue. The existing system cycle lengths as provided by the Indiana Department of Transportation were used to analyze the existing traffic volumes (Scenario 1). Optimized cycle lengths were used when analyzing the remaining scenarios. Scenarios 1, 2 and 3A were analyzed with the existing intersection geometries. Scenarios 3B and 4 were analyzed with the following improvements: 1. The conversion of the northbound right -turn lane along Keystone Avenue into a shared through/right -turn lane. 2. The conversion of the southbound right -turn lane along Keystone Avenue into a shared through /right -turn lane. 5 MOVEMENT SCENARIO 2 SCENARIO 4 Eastbound Approach C B MOVEMENT SCENARIO 2 SCENARIO 4 Eastbound Approach E C TABLE 4 LEVEL OF SERVICE SUMMARY: KEYSTONE AVENUE AND PROPOSED RIGHT -IN /RIGHT -OUT ACCESS DESCRIPTION OF SCENARIOS Scenario 2: Scenario 4: AM PEAK HOUR PM PEAK HOUR Sum of Existing Traffic and Proposed Development Traffic Sum of Year 2016 Background Traffic and Proposed Development Traffic NOTES: This access is proposed as a right -in /right -out access. A median exists along Keystone Avenue in the vicinity of the access. Scenario 2 was analyzed with the addition of a southbound right -turn lane along Keystone Avenue. Per the Indiana Department of Transportation's Driveway Permit Manual this turn lane should have 550 feet of deceleration and a 100 foot taper. A 100 foot recovery taper is also proposed at the access. When the existing traffic volumes are projected forward to the year 2016 based on an annual growth rate, before the generated traffic is added to the roadway network, Keystone Avenue will need to have six travel lanes (three in each direction) in order for the signalized study intersections to operate at level of service "D" or better during the peak hours. The additional travel lanes are not due to the proposed development as they are needed before the proposed development traffic is added to the roadway network in order to accommodate the year 2016 background traffic volumes. Scenario 4 was then analyzed with an additional through lane in both directions along Keystone Avenue as well the addition of the southbound right -turn lane recommended for Scenario 2. 6 RECOMMENDATIONS Based on the results of the traffic study, the following recommendations are made to ensure that the roadway system will operate at acceptable levels of service if the site is developed as proposed. 1. KEYSTONE AVENUE AND 126 STREET (MOHAWK DRIVE) Year 2006 Conditions A continuous eastbound right -turn lane is recommended along 126 Street that starts 100 feet west of the western most proposed access (Access #1) and continues through the remaining access drives to Keystone Avenue. When the generated traffic volumes from the proposed development are added to the existing traffic volumes, this intersection will operate at acceptable levels of service during the peak hours with this improvement. The intersection geometries will then consist of the following: Northbound Approach: Southbound Approach: Eastbound Approach: Westbound Approach: Year 2016 Conditions (Horizon Year) When the existing traffic volumes are projected forward to the year 2016, before the generated traffic volumes from the proposed development are added, the following improvements are needed at this intersection in order to achieve level of service "D" or better during the peak hours: The conversion of the northbound right -turn lane along Keystone Avenue into a shared through/right -turn lane. The conversion of the southbound right -turn lane along Keystone Avenue into a shared through /right -turn lane. The improvements listed above are not due to the proposed development. When the continuous geometries proposed development traffic is added to the year 2016 background traffic, the eastbound right -turn lane along 126 Street is recommended. The intersection will then consist of the following: Northbound Approach: A left -turn lane, two through lanes and a shared through /right- turn lane. A left -turn lane, two through lanes and a shared through/right- turn lane. A left -turn lane, a through lane and a right -turn lane. A left -turn lane and a shared through/right -turn lane. Southbound Approach: Eastbound Approach: Westbound Approach: A left-turn lane, two through lanes and a right -turn lane. A left-turn lane, two through lanes and a right -turn lane. A left -turn lane, a through lane and a right -turn lane. A left -turn lane and a shared through /right -turn lane. 7 2. KEYSTONE AVENUE AND CARMEL DRIVE Year 2006 Conditions The addition of a second northbound left -turn lane is needed along Keystone Avenue in order to achieve level of service "D" or better during the peak hours with the existing traffic volumes. The intersection geometries will then consist of the following: Northbound Approach: Southbound Approach: Eastbound Approach: Westbound Approach: Two left -turn lanes, two through lanes and a right -turn lane. A left-turn lane, two through lanes and a right -turn lane. A left -turn lane, a through lane and a right -turn lane. A left -turn lane and a shared through/right -turn lane. When the proposed development traffic is added to the existing traffic, the intersection geometries listed above will accommodate the projected traffic volumes. Therefore, no improvements are needed at this intersection due to the proposed development. Year 2016 Conditions (Horizon Year) When the existing traffic volumes are projected forward to the year 2016, before the generated traffic volumes from the proposed development are added, the following improvements are needed at this intersection in order to achieve level of service "D" or better during the peak hours: The addition of the second northbound left -turn lane along Keystone Avenue as needed per the existing traffic volumes. The conversion of the northbound right -turn lane along Keystone Avenue into a shared through /right -turn lane. The addition of a third southbound through lane along Keystone Avenue. The improvements listed above are not due to the proposed development. With the improvements, the intersection geometries will then consist of the following: Northbound Approach: Two left-turn lanes, two through lanes and a shared through/right- turn lane. Southbound Approach: A left-turn lane, three through lanes and a right -turn lane. Eastbound Approach: A left-turn lane, a through lane and a right -turn lane. Westbound Approach: A left -turn lane and a shared through/right -turn lane. When the proposed development traffic is added to the year 2016 background traffic, the intersection geometrics listed above will accommodate the projected traffic volumes. Therefore, no improvements are needed at this intersection due to the proposed development. 8 3. KEYSTONE AVENUE AND 116 STREET Year 2006 Conditions The existing intersection geometries will adequately accommodate the generated traffic from the proposed development. Therefore, no improvements are needed at this intersection due to the proposed development. Year 2016 Conditions (Horizon Year) When the existing traffic volumes are projected forward to the year 2016, before the generated traffic volumes from the proposed development are added, the following improvements are needed at this intersection in order to achieve level of service "D" or better during the peak hours: The conversion of the northbound right -turn lane along Keystone Avenue into a shared through/right -turn lane. The conversion of the southbound right -turn lane along Keystone Avenue into a shared through/right -turn lane. The improvements listed above are not due to the proposed development. With the improvements, the intersection geometrics will then consist of the following: Northbound Approach: A left -turn lane, two through lanes and a shared through/right -turn lane. Southbound Approach: A left -turn lane, two through lanes and a shared through/right -turn lane. Eastbound Approach: A left -turn lane, two through lanes and a right -turn lane. Westbound Approach: A left -turn lane, two through lanes and a right -turn lane. When the proposed development traffic is added to the year 2016 background traffic, the intersection geometrics listed above will accommodate the projected traffic volumes. Therefore, no improvements are needed at this intersection due to the proposed development. 4. KEYSTONE AVENUE AND PROPOSED RIGHT -IN RIGHT -OUT ACCESS Year 2006 Conditions Year 2016 Conditions (Horizon Year) This access is proposed to be constructed as a right in/right -out access. A median exists along Keystone Avenue in the vicinity of the access. It is recommended to construct a southbound right turn lane along Keystone Avenue at the access drive. Per the Indiana Department of Transportation's Driveway Permit Manual, this turn lane should have 550 feet of deceleration and a 100 foot taper. A 100 foot recovery taper is also recommended at the access. The traffic simulation program SimTraffic"' was used to visually model the anticipated traffic flow operations when the generated traffic from the proposed development is added to the roadway network. Based on the SimTraffc simulations and the proposed access location, adequate spacing will be provided so that vehicles traveling southbound along Keystone Avenue will not queue back from Carmel Drive to the proposed right in/right -out access. 9 5. ACCESS DRIVES ALONG 126 STREET (MOHAWK DRIVE) Year 2006 Conditions Year 2016 Conditions (Horizon Year) The following conditions are recommended for the proposed access drives along 126 Street: Each unsignalized access controlled with the access drive stopping for 126 Street. Access #2 and Access #4 (the main access drives) each constructed with two outbound lanes and one inbound lane. Access #1 and Access #3 each constructed with at least one outbound lane and one inbound lane. The addition of a continuous eastbound right -turn lane along 126 Street that starts 100 feet west of the western most access (Access #1) and continues through the remaining access drives to Keystone Avenue. The addition of a westbound left -turn lane along 126 Street at each access. Combined with the existing eastbound left-turn lane at the Keystone Avenue intersection, a continuous left -turn lane would then be created along 126 Street in the vicinity of the site. A minimum of 100 feet of storage is recommended for the left -turn lane serving Access #2. A minimum of 50 feet of storage is recommended for each of the left -turn lanes serving Access #1 and Access #3. There is approximately 460 feet of space for a left -turn lane between the eastern most access drive (Access #4) and Keystone Avenue. A minimum of 100 feet of storage with a 100 foot taper is recommended for the westbound left-turn lane serving Access #4. It is then recommended that the existing eastbound left -turn lane at the Keystone Avenue intersection be extended back so that it has 260 feet of storage. The traffic simulation program SimTraffic was used to visually model the anticipated traffic flow operations when the generated traffic from the proposed development is added to the roadway network. Based on the SimTraffic simulations, adequate spacing will be provided along 126 Street between the proposed access drives and the intersection of Keystone Avenue and 126 Street. In addition, the recommended storage lengths for the auxiliary lanes will accommodate the projected traffic volumes. 6. ACCESS DRIVES ALONG AUMAN DRIVE EAST Year 2006 Conditions Year 2016 Conditions (Horizon Year) The following conditions are recommended for the proposed access drives along Auman Drive East: Each unsignalized access controlled with the access drive stopping for Auman Drive East. Each access constructed with at least one outbound lane and one inbound lane. These access drives will mainly serve the proposed residential homes that are located towards the east edge of the site. However, the majority of the traffic to and from the development will access the site via the drives that are located along the major roadways (i.e. along Keystone Avenue, 126 Street and Carmel Drive). Based on the peak hour projected traffic volumes determined in this study, the proposed development will most likely add 20 vehicles or less during the peak hours in either direction along Auman Drive East. Considering the low volume of projected traffic, the proposed development will have very little impact to Auman Drive East. Therefore, improvements will not be needed along Auman Drive East due to the low traffic volumes projected at the drives. Synchro 6.0, Trafficware, 2003. Highway Capacity Manual (HCM), Transportation Research Board, National Research Council, Washington, DC, 2000. Driveway Permit Manual, Indiana Department of Transportation (INDOT), 1996. SlmTraffic 6.0, Trafficware, 2003. 10