Loading...
HomeMy WebLinkAboutZ-409-03 Clarian North PUD Sponsor: Councilor Kevia Kirby · Ordinance No. Z-409-03~ . AN ORDINANCE OF TI~ COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE CLARIAN NORTH HOSPITAL CAMPUS o PLANED UNIT DEVELOPMENT DISTRICT Rezoning of 95.594 acres located on the northwest comer of the intersection of Il6tn Street and U.S. 3] (also known as Meridian Street) from the B-3 and B-6/Business District Classification and the ~-2/J~esidence District Classific'ation to the PUD/Planned Unit Development District Classification WHEREAS, Section 31.6.4 of the Carmel / Clay Zoning Ordinance Z-289 (the "Carmel / Clay Zoning Ordinance") provides for the establishment of a PUD/Planned Unit DeveloPment District ia accordance wi.th ,.he requirements ofI. C. § 36-7-4-1500 et seq.; NOW, THE~FO~, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, pursuant to I.C. {} 36-7-4-I500 et seq., as an amendment to the Carmel / Clay Zoning Ordinance, as follows: $ection t. Avvlicabflity of Ord'.maace; The Official Zoning Map of the City of Carmel and Clay Township, as part of the Carmel · / Clay Zoning Ord/nance,. is hereby changed to designate the land described in Exhbit "A" (the "Real Estate") as a PUD/Planned Urdt Development District. II. Development in the PUD/Planned Unit Development District shall be governed by the provisions of this Ordinance, with the exception that provisions of the Carmel / Clay Zoning Ordinance specifically referenced within this Ordinance and in effect on June 17, 2003, shall also apply. III, Any term not defined herein shall have the meauing as set forth in the Carmel / Clay Zoning Ordinance in effect on June 17, 2003. S.eetion.2. INIMAN2 749872vi · ~ .u~xed o~xns ptm p~d.qoq ~ '~u~icI I~X~uoo ~ '~u.tpI.mq te~!dsoq I~D.m.t oq~ :oq ii.va ~uotucIoIo~Op ~o os~qd ~sxg otB u.~ poprttouI '~uomcloIonOp.~o ossqd ~s~.~ o~ oq II~q~ ¥-[ ~o~ :I oS~qct .¥ :n~oioq poq.uosop pu~ u~tct ~doouoo C~d oq~ uo po~o!dop/iiisaouo~ s~ 'sos~qd ~ podoloAop oq II~[S CIflct posodoad og.I, ~u~mdoloA~(I ~o 3m. seq,t · podotoaop I.~un uo.~oOlIOO qs~a ptm ~.~otu a~In~O; ,(q ~z~ p-~,~ e s~ pom.~m.~m oq II.r~ zo pomm~ oq ol onu.~uoo xotO!o II~qs luo~dotonoP .~o os~qd I~3.m~. otB ,lo ~d se podolonop lou o~ qo.rqnt CI.Oct o$ ~o suo.t~od II¥ os fl puerI m!.n~uI A~.~aAO / uoB;mpo.~;uI 'm 'II B~ Future Phases: At the time of filing this PUD, it is not possible to accurately predict the order in which the remaining phases of the PUD will be developed. However, it is recognized that: (i) each subsequent phase of development in Area 1-A and Area 1-B shall be required to file for and obtain Final Development Plan and ADLS approval; (ii) all development within Area 2 (other than the development of single family and two family uses in Area 2-A) shall be required to f-de for and obtain Final Development Plan and ADLS approval; and, (iii) all development within the PUD shall be in compliance with the development requirements of this PUD. ~2749872vl PUD CONCEPT PLAN Clarian North Hospital Campus Planned Unit Development INIMA~ 749872vl IV. Permitted Uses and Development Standards The Clarian North Hospital Campus Planned Unit Development will be divided by the proposed north-south extension of Illinois Street through the site. The real estate located east of Illinois Street will make up Area I, while the real estate located west of Illinois Street will make up Area 2. Area I consists of approximately sixty-five (65) to seventy (70) acres and is located between the future extension of lllinois Street and US 31. Area 1 contains two (2) sub-areas as described below. Area 2 consists of approximately twenty-two (22) to twenty-seven (27) acres of real estate and is located between the future extension of Illinois Street and Spring Mill Road. Area 2 includes two (2) sub-areas as described below. The development st,and~ds applicable to this PUD shall be those development standards specified herein. In ease of conflict between specific provisions of this PUD.and a referenced primary zoning district, overlay district or Sign Regulations of the Carmel / Clay Zoning Ordinance', the provisions of this PUD shall control. A. Area I -A Area 1-A consists of approximately fifty-five (55) to sixty (60) acres prominently located along the US 31 frontage of the real estate extending north from l 16a~ Street, and represents the focal point of the proposed PUD. Area 1-A is intended to provide for the development of a major hospitaI facility, high intensity hospital related uses and the physical plant necessary to support a major hospital development. 1. Area l-A: Permitted Uses: i. Hospital. ii. Medical Office Building- including but not 1/mired to: all professional medical offices; medical research laboratories; dental laboratories; optical laboratories. iii. Parking Structure. iv. Helipad (for the transportation of patients, medical personnel, physicians, organs, and medical supplies and equipment in emergency situatiom). v. Central Plant. · IN~ 749872vi vi. Retail (which sha~l be located within and may comprise the lesser of fif~en (1 $) percent of the gross floor area of each primary building, or thirty thousand (~0,000) square feet, but exclusive of any cafeteria). Kestaurant (sit down). viii. Hotel. ix. Conference Center. X~ Trail. A trail system that will serve the PUD and will connect to a future trail or sidewalk system along Spring Mill Road, includ/ng the installation of fitness stations, benches and s/milar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to the above- pertained uses shall be permitted, including but not limit~ to: Locate~ in a primary building: cafeteria/deli/coffee shop; photocopying and duplicating services; fitness center; child care center; day nursery; short term child care; and, automated teller machines (ATM's). Freestanding: trash enclosures; surface parking and loading areas; and, utilities. Area I-A: Development Standards M ...a~imum Building Heiv. hht: One-hundred and fifty (150) feet, with a maximum of nine (9) stories. ii. Min~um._Buil~g HeiSt (for al! buildings other th..~.~e Central Plant): thirty-eight (38) feet with a minimum of three (3) stories capable of being occupied. iii. ~Mi~mum rr. gnt yard Mort_gUS 31' Hospital Build/rig: TWo-hundred (200) feet from the existing fight-of-way of US 31 (as of Ianuary 2003). * Central Plato: Ninety (90) feet from the existing right-of- way of US 31 (as of January 2003). * INIMAN2 749572vl iv. V~ vi. viii. X, xie xii. Refer to the Final Development Plan for Area I for the precise placement of the initial hospital building. Thc major structural elements (i.e., excluding entrance canopies or other minor facade articulations) of any hospital expansion shall maintain thc same relative position from the existing center linc of US 31 (as of January 2003) as thc initial construction. Future right-of-way expansions may impact actual building setback lines (as defined by the Carmel / Clay Zoning Ordinance), but not the relative building placement from the centerline of US 31. Use of Minimum Front Yard: Said minimum front yards shall be landscaped in compliance with Section V., below, provided, however, such minimum front yards may include: interior access drives; screened loading / delivery area; helipad; ambulance drop-off; and, surface parking, as generally depicted on the Preliminary Development Plan, Migimum Front Yard Alo.n.g 116~ Street: Two-hundred (200) feet. Minimum Front Yard Along Illinois Street: Twenty (20) feet. Minim.m~.....Side Yard: Fifteen (15) feet. M.~mum Rear Yard: Fifteen (15) feet, Minimu.m. Lot. Size: Five (5) acres. Mi_nimum Gro..undF~oot_Area: Thirty thousand (30,000) square feet (not applicable to the Central Plant). M~im_una Lot Co. verage: Sixty-five (65) percent of the lot. ~arking: See Chapter 27 of the Carmel / Clay Zoning Ordinance. Hospital Use: Loading berths may be located on the US 31 side of the hospital building provided all loading berths are completely screened in the elevation view from LIS 31 by a combination of masonry wall(s) and plant materials. Minimum of three (3) berths per hospital complex (i.e., initial hospital building plus potential INIlVlAN2 749872vi expansions connected to the initial hospital bu ain ). Other Business Uses: Loading berths shall not be oriented to US 31. Loading berths oriented toward Illinois Street shall be landscaped/screened using masonry wall(s), plant material or a combination thereof, subject to the approval of the Carmel/Clay Plan Commission. 0 -40,000 square feet of gross floor area: Zero (0) berths. 40,001 - 100,000 square feet of gross floor area: One (1) berth. Each additional 200,000 square feet of gross floor area: One (1) additional berth. Outdo.or Operations: All operations, including temporary refuse storage, shall be completely enclosed in a main or accessory buiIding. xiv. Landseapin_~: See Section V., below. X¥, Lightin_~: See Section VI., below. xvi. Si~...~.s: Signs for Area 1-A shall be in compliance with the Clarian Health North Campus Sign Program filed with this PUD. Future amendments to the Clarian North Campus Sign Program or modifications to signs erected pursuant to the Clarian North Campus Sign Program shall be subject only to ADLS Approval by the Carmel/Clay Township Plan Commission. INIMAN2 749872v1 B. Area 1-B' Area 1-B consists of approximately ten [10) to twelve (12) acres located along the US 31 frontage, north of the proposed main hospital building and south of the Ritz Charles facility which is located north of the overall site. Area 1-B is intended for high intensity development in support of a major hospital facility or the expansion of hospital facilities into the Area. 1. Area l-B: Permitted Uses : i. Child Care Center. ii. Day Nursery. iii. Medical Office Building- including but not limited to: all professional medical offices; medical research laboratories; dental laboratories; optical laboratories. iv. Fitness Center. v. Hospital. vi. Retail (which shall be located within and may comprise the lesser of fifteen (15) percent of the gross floor area of each primary · building, or thirty thousand 00,000) square feet, but exclusive of any cafeteria). Vll. Surface Parking or Parking Structure. viii. Restaurant (sit-down). ix. Hotel. x. Conference Center. xi. Trail. A trail system that will serve the PUD and .will connect to a future trail or sidewalk system along Spring Mill Road, including the installation of fitness stations, benches and similar trail appurtenances. The trail system and auy trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. xii. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to the above- permitted uses shall be permitted, including but not limited to: 11~~2 749872vl Located in a primary building: cafeteria/deli/coffee shop;' photocopying and duplicating services; and, short term child care, Freestanding: trash enclosures; surface parking and loading areas; and, utilities. 2~ Area 1-B' Development Standards Maximum. Bui!dingHeight: One-hundred and fifty (150) feet, with a maximum of nine (9) stories. M.i ..nimum Building_Height A!ong.~d...Oriented Toward US 31: thirty, eight (38) feet with a minimum of three (3) stories capable of being occupied. iii. Minimum B..ui!'_ d~ Hei_.~_ _t.Alon.,g and ,Orie,nt,e,,,d, Toward Illinois Street: twenty-six (26) feet with a minimum of two (2) stories capable of being occupied. iv. Minim...u~... Front Yard Along and.Oriented Toward US 31' Ninety (90) feet from the existing right-of-way of US 31 (as of January 2003). ...Minim From Yard Along and Oriented Toward Illinois Street: Fifteen (15) feet, but in no case greater than thirty (30) feet. vi. Minimum.Sial, c. Yard: Fifteen (15) feet. vii. Minimum Rear Yard: Fifteen (15) feet. viii. Minimum. lot size: Five (5) acres. Minimum gro_und floor,.ar, ea: Fifteen thousand (15.000) square feet. Xe Max. imm lot co.v.e, rage: Sixty-five (65) percent of the lot. Parking: See Chapter 27 of the Carmel / Clay Zoning Ordinance. xii. Lgading: Hospital Use: Loading berths may be located on the US 31 side of the hospital building provided all loading berths are completely screened in the elevation view from US 31 by a combination ofmasoru~ wail(s) and plant materials. INIMAN2 749872vl xiii. XV. M~_nimum of two (2) berths per free-standing hospital building. Other Bm/ness Uses' Loading berths shall not be oriented to US 31. Loading berths oriented toward Illinois Street shall be landscaped/screened using masonry wall(s), plant material or a combination thereof, subject to the approval of the Carmel /CIay Plan Commission. 0- 40,000 square feet of gross floor area: Zero (0) berths. 40,001 - 100,000 square feet of gross floor area: One (1) berth. Each additional 200,000 square feet of gross floor area: One (1) additional berth. Outd00.r Operatiom.: All operations, including temporary refuse storage, shall be completely enclosed in a main or accessory building. L3n _ds. caping: See Section V., below. See Section VI., below. Si_mas: Signs for Area 1-B shall be as approved by the Carmel / Clay Township Plan Commission as an extension of the Clarian Health North Campus Sign Program filed with this PUD, pursuant to an ADLS Approval, with the minimum allowable number of Signs aM'minimum allowable sign area of signs as set forth in Chapter 2.5:.7: _Sign Ordinance of the Carmel/Clay Township Zoning Ordinance. INIt2 749872vt C, Area 2-A: Area 2-A represents not less than thirteen (13) acres of real estate centrally. located along the PUD's frontage on Spring Mill Road for a minimum depth of' two huudred (200) feet from the existing Spring Mil1 Road right-of-way. Area 2- A is intended to provide a transition between potential residential uses on the west side of Spring Mill R.oad and those high intensity uses recommended along thc US 31 Corridor. Transition is accomplished in Area 2-A by a combination of permitted use restrictions, height regulations, architectural regulations and site design restrictions. 1. Area 2-A: Permitted Uses: Single Family Dwellings. ii. Two Family Dwellings. Mulfifamily Townhouse Dwellings, provided however, no person, group of persons or entity, other than the initial developer, shall own more than one (1) dwelling unit and each dwelling unit shall be designed for and used as a permanent residence. Home Occupations. Assisted Living Facility. iii. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to.the above- permitted uses shall be permitted. Trail. A trail system that will serve the PUD and will connect to a future.. trail or sidewalk system along Spring Mill Road, including the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. Area 2-A: Development Standards Maximum Building Height: Forty (40) feet. M.'mimum Front Yard: Fifteen (15) feet, but in no case greater than thirty (30) feet. INIMAN2 749872vl iii. Minimum Side Y.,..,ard: " ..' Single Family / Two Family: Five (5) feet. A.ll other uses: Ten (10) feet. iv. · Minimum~ Re~ Yard: Single Family /Two Family: Twenty (20) feet. All other uses: Ten (10) feet. Minimum Lot Width: All uses other than Single Family / Two Family Dwellings shall be One hundred and fifty (150) feet. Minimum,, Lot Size: All uses other than Single Family / Two Family Dwellings shall be One (I) acre. MigimumGro,u.~.d Floor Are.a: Single Family Dwellings / Two Family Dwellings: One Story- One thousand (1,000) square feet per dwell/ng unit. Two or More Stories - Eight hundred (800) square feet per dwelling unit. viii. Multifamily Townhouse Dwellings: Eight hundred (800) square feet per dwelling unit. Maximum Lo, Coverage: Single Family / Two Family: Fifty (50) percent of the lot. All other uses: Seventy-five (75) percent of the lot. ix. Park~: Single Family /Two Family: Two (2) parking spaces per dwelling unit. All other uses: Location: Parking areas shall not be located in from of the established front building line oriented toward Spring Mill Road. INIMAN2 749872v[ Xl xii. xiii. Amount: See Chapter 27 of the Carmel / Clay Zoning Ordinance. Outdo.o,r ~Opera.t. ion~: All operations shall be completely enclosed in a main or accessory building. Landscapina: See Section V., below. See Section VI., below. ~: See Chapter 25.7 - Sign Regulations of the Carmel / Clay Township Zoning Ordinance. INIMAN2 749872vl D. Area 2-B: INIMAN2 749872v! Area 2-B represents approximately twelve (I 2) to fourteen (14) acres of real estate centrally located within the PUD along the west side of the proposed extension of Illinois Street, but shall not have any frontage on 116t~ Street. Development Within Area 2-B is intended for higher hatensity dwelling, office and other uses typically associated with and in close proximity to a major hospital facility. , Area 2-B: Permitted Uses: fie iii. iv. Single Family Dwellings. Two Family Dwellings. Multifamily Townhouse Dwellings. Assisted Living Facility. v. Child Care Center. vi. Day Nursery. vii. viii. Medical Office Buildings - including but not limited to: ali professional medical offices, medical research laboratories; dental laboratories; opt/cai laboratories Offices - including but not limited to: professional offices; general offices; financial institutions. iX. General Service Establishments (limited to the ground floor or basement of a primary building) - including but not limited to: barber shop; beauty shop; dry cleaning and laundry establishment; heath spa or fitness center. X~ xi. Retail (limited to the ground floor or basement of a primary building) - including but not limited to: apparel shop; art gallery; art and music center; bakery; bookstore; business and electronic machines and equipment sales; camera shop; candy or ice cream shop; duplicating and blue print establishment; flower shop; haberdashery; jewelry store; leather and luggage; millinery shop; newsdealer; office supply store; optician and optical supply; orthopedic and medical appliance and supply sales; photographic studio; printing shop; shoe repair shop; shoe store; stationer; tailor and dressing shop; variety store. Food Services (limited to the ground floor or basement of a' primary building): Restaurant; or Delicatessen. ,, Accessory Uses and Structures. Accessory uses aud structures which are subordinate, appropriate and incidental to the above- permitted uses shall be permitted, including but not limited to: Located in a Primary Building: cafeteria/deli/coffee shop; photocopying and duplicating services; and, automated teller machines (ATM's). Freestanding: trash enclosures; surface parking and loading areas; and, utilities. Trail. A trail system that will serve the PUD and will connect to a future trail or sidewalk system along Spring Mill Road, including the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with City of Carmel standards for multi-use trails. Area 2-B: Development Standards . Maxim... ~ Building Height: Within two-hundred (200) feet of the west fight-of-way line oflllinois Street: Sixty (60) foot, with a maximum of five ($) stories. Greater than mo-hundred (200) feet from the west right-of- way line of Illinois Street: fifty (50) feet, with a maximum of four (4) stories. Minimum B .m..'.!ding Height: Single Family / Two Family: Sixteen (16) feet. Ali other uses: Twenty-six (26) feet, with a rain/mum of two (2) floors capable of being occupied. iii. MinimumFront Yard: Fifteen (15) feet, but in no case greater than thirty (30) feet. iV. Single Family / Two Family: Five (5) feet. Ali other uses: Ten (10) feet. V, Minimum Rear.Yard: Single Family / Two Family: Twenty (20) Feet. INIMAN2 749872vi Ali other uses: Ten (1 O) feet. vi. Minimu..m Lot Width: Single Family / Two Family: One hundred (100) feet. All other uses: One hundred and fifty (150) feet. vii. Minimum. Lot Size: Single Family / Two Family: Ten thousand (i 0,000) square feet. All other uses: One (1) acre. viii. Minimum Ground Floor Area: Single Family / Two Family: One Story- One thousand (1,000) square feet per dwelling unit. Two or More Stories- Eight hundred (800) square feet per dwelling unit. All other uses: Ten thousand (I0,000) square feet per building; nine. hundred (900) square feet per tenant. Maxim_ .urn Lot Cove,,,rage: Single Family / Two Family: Fifty (50) percent. All other uses: Seventy-five (75) percent of the lot. Xo Single Family / Two Family: Two (2) parking spaces per dwelling unit. All other uses: Location: Parking areas shall not be located in front of the established front building line oriented toward Illinois Street. Amount: See Chapter 27 of the Cannel / Clay Zoning Ordinance. INnvIAN2 749872vl ..Loading: Applicable to ali business uses. Loading berths oriented toward Illinois Street shall be landscaped/screened using masonry wall(s), plant material or a combination thereof, subject to the approval of the Carmel / Clay Plan Commission. 0- 40,000 square feet of gross floor area: Zero (0) berths. 40,001 - 100,000 square feet of gross floor area: One (1) berth. Each additional 200,000 square feet of gross floor area: One (1) additional berth. Outdoor Operations' All operations, including temporary refuse storage, shall be completely enclosed in a main or accessory building. xiii. Lan~caping: See Section V., below. Lighting: See Section VI., below. X¥. S_~: See Section VH., below. INIMAN2 749872vl V. Landscaping Landscapi~g.f0r Area_l_: Area 1 shall be landscaped in compliance with the requirements of the US 31 Overlay District. Area 2 -_Ce.rta'm Residentia!.Uses: Landscaping for any MuItifamfly Townhouse Dwellings and Assisted Living Facilities located within Area 2 of this PUD shall be determined by the Carmel / Clay Township PIan Commission in connection with the approval of the Final Development Plan and ADLS for such development. Area 2.-B - Business .Use: Landscaping for any business use within Area 2-B of this PUD shall eomply with the following regulations: Ac Preservation:. The preservation of mature trees is encouraged over the planting of new trees whenever there is a likelihood that preserved trees can be maintained in an environment that will support their ability to survive and thrive for at least five (5) years. Therefore, each development site which incIudes any existing trees shall, to the maximum extent feasible, propose the preservation of existing trees over the removal of existing trees and the pIanting of new trees. Be Depth of Planting Strip: Planting strips shah be provided as specified in this Section. Such planting strip requirements shall not be cumulative in nature. Wherever more than one (1) planting strip is applicable: the planting strip that requires the greater depth of yard shall apply as to the depth of planting strip; and, the plant/ng strip that requires the greater base planting unit shall appiy as to the base planting unit. Front Yard Planting Strip: 'Minimum width shall be fifteen (15) feet (co- existent with the required front yard), shall be provided adjacent to any fight-of-way, e Planting Strip Adjacent to an Entry Drive: Minimum width ten (10) feet. . Planting Strip Adjacent to any Parking Area: Minimum width as follows' 5' wide when adjacent to a business portion of this PUD. C~ ii. 15' wide when adjacent to Spring Mill Road, 116th Street, Illinois Street or a residential use developed as part of this PUD. · · !.rnprovements in Pl~tin~ Strip': The planting strip shall be unoccupied except for plant material, steps, terraces, driveway and pathway crossings, lighting standards, signs, benches, and other similar structures. Di Base Planting Unit for... Planting Sm.'ps' The base planting unit for planting strips shall be as follows' INIMAN2 749872v I g~ 2~ . Adjacent to a fight-of-way, for each one hundred (100) linear foot increment: Three (3) shade trees. 111. Two (2) ornamental trees. Ten (I 0) shrubs or berms at a minimum of thirty-six (3t5) inches in height. Adjacent to entry drives: Same planting uait standards as for adjacent to any fight-of-way, above. Adjacent to parking areas: Plantings shall be included in each planting strip required adjacent to a parking area as follows: i. when oriented to a business portion of this PUD, the following materials shall be planted for each one-hundred (100) lineal feet of planting strip: One (1) shade tree. One (1) ornamental tree. Five (5) shrubs or berms at a minimum of thirty-six (36) inches in height. when oriented to a public right-of-way or a developed residential use portion of this PUD, the following materials shall be plaated for each one-hun&ed (100) lineal feet of planting strip: Three (3) shade trees. Four (4) omamontaI trees. Twenty-one (21) shrubs or benns at a minimum of thirty- six (36) inches in height. Plan~_ng Areas Adjacent to Primary Use Build. ings: From of Buildings: A planting area equal to an area measuring fifteen (15) feet ia depth by the width of the front of the building plus twenty (20) feet (to extend ten (I 0) feet out on both sides) shall be installed along building facades oriented toward Spring Mill Road, 116th Street and Illinois Street. Base Planting Units: When located next to a primary use building, the following planting shall be required: i. One (1) shade tree. IN1MAN2 749572vl Fo ii. One (1) omamentaI tree. iii. Five (5) shrubs , Sidewalk in Planting Areas: Sidewalks up to eight (8) feet in width may be permitt~ in planting areas, but shall not occupy the entire planting area on any side of the building(s). Design of Planting Areas: Planting areas adjacent to buildings need not be rectangular in shape as long as the total square foot area required to landscaped is provided (i.e., innovative and original designs are encouraged). Planting Areas Within Parking Lets: A minimm of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every ten (I0) parking spaces provided, or portion thereof. Installation and Maintenance: Ail planting strips and planting areas shall comply with the following requirements: , Minimum Size at Time of Planting: Shade Trees: 2 1/2 inch caliper, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. Ornamental trees: 1 I/2 inch caliper a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more th~ 1/2 of tree height. iii. Evergreen trees: A minimum height of six (6) feet, iV. Deciduous shrubs: A minimum height of twenty-four (24) inches, and no less than six (6) main branches upon planting. Ye Evergreen shrubs: A minimum height and spread of twenty-four (24) inches. 2~ Minimum Dimensions' The minimum dimension, in any direction of a planting area or planting median shall be based upon the plant selection, as follows: i. Shade Trees: 9 feet wide ii. OmamentaI Trees: 7 feet wide iii. Shrubs (only): 5 feet wide INIMAN2 749572vl 3~ 4~ e o 7~ Plant Species Selection: Landscaping materials selected shall be appropriate to local growing and climate conditions Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department of Community Services. If it is not possible to install the required landscaping became of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping not yet installed, prior to the issuance of the Final Certificate of Occupancy. Maintenance: It shall be thc responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with these requirements. Project landscaping includes, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Changes After Approval: Alterations in landscaping may be approved by the Director in order to conform to specific site conditions. Inspection: The Director shall have the authority to visit any tract within this PUD to inspect the landscaping and check it against the approved plan on file. INIMAN2 749872vl VI. Lighting. A. Area 1. Lighting for Area I shall be in compliance with the requirements of the US 31 Overlay District. B. Area 2-B. Lighting within Area 2-B of this PUD for all business uses shall comply with the following regulations: Site lighting plans shall include the layout, spread and intensity of ali site lighting, including: Parking lot and service / storage area lighting; ii. Architectural display lighting; iii. Security lighting; iv. Pedestrian way lighting; and, v. Landscape lighting. . The height of light standards shall not exceed: fifteen (15) feet above grade when located within ninety (90) feet of the east right-of-way line of Spring Mill Road; or, ii. twenty-five (25) feet above grade elsewhere in Axea 2. . Light Fixtures for all Parking Areas and Service Areas: All freestanding or wail mounted outdoor light fixtures used to illuminate a surface parking area or service area shall utilize vertical bum, full cutoff fixtures. 4~ Light levels shall not exceed: 0.1 maintained foot-candle at the east fight-of-way line of Spring Mill Road; 0.3 maintained foot candles at the north fight-of-way line of 116m Street; and, iii. 0.3 maintained foot candles at the west right-of-way line of IIlinois Street. INIMAN2 749872vl Special Lighting Provisions for Area 2-A for Ail Multifamily Townhouse and Assisted Living Facility Uses. ii. Along the Spring Mill Road Frontage. The intent of this section is to provide general design guidelines to create a "residential streetscape" along the Spring MilI Road frontage of Area 2-A should any Multifamily Townhouse Dwellings or Assisted Living Facilities be developed along said frontage. To assist in this effort, any outdoor light fix~e which is located in Area 2-A for such uses between the established front building 1/ne and the fight-of- way of Spring Mill Road, and any outdoor light fix~e located on a building in Area 2-A and which is oriented to or clearly visible from Spring Mil1 Road shall be of the same or a complimentary design and shall comply with the following design guidelines: Freestanding Outdoor Light Fixtures shall: not exceed ten (10) feet in pole height; not include more than one (1) luminake per pole; be equipped with either an opaque material cap or a reflector to prevent the upward distribution of light; and, not exceed one-hundred and fifty (150) watts ha intensity. Wall Mounted Outdoor Light Fixtures shall: be mounted along side or immediately above a door; not include more than one (1) Iuminaire per fix~e; be equipped with either an opaque material cap or a reflector to prevent the upward distribution of light; not exceed one-hundred and fifty (150) watts in intensity. Park/rig Area Lighting Beside or Behind a Building. In order to minimize the impact of any outdoor light fixtures used to illum/nate any parking area or service area for such uses shall: not exceed fifteen (15) feet above grade; not exceed four-hundred (400) watts in intensity. INIMAN2 749872vl 7~ Special Lighting Provisions for Pedestrian and Landscape Features. Those portions of Area 2 which are designed and intended as pedestrian ways or as landscape f. eamres, which.may be located adjacent to buildings or located interior to a parking area, service area or along an interior access drive, are encouraged to include the use of bollard style light fixtures (not to exce~ four (4) feet in height above grade) to provide definition to and accent lighting of such pedestrian ways and landscape features. Special Lighting Provisions for the Trail. Outdoor light f=tures to illurni_nate the trail system, if used, shall be of a bollard style not exceeding four (4) feet in height above grade. INIMAN2 749872vl VII. In order to encourage signs which by their design arc integrated with and harmonious to the buildings and sites Which they occupy, all freestanding signs and wall signs within Area 2 shall comply with the regulations set forth below and be subject to ADLS review and approval. A. Applicability: Except as provided in Note I, the following regulations shall apply to any sign located in Area 2 of this PUD. (Note 1: These regulations are not intended to apply to any single family or two family dwelling units, which shall comply with the regulations of Chapter 25.7- Sign Regulations of the Cannel / Clay Township Zoning Ordinance.) B, General Sign Regulations: le ADLS Approval Required- All freestanding signs shall be approved by the Can~el / Clay Township Plan Commission under an ADLS Approval. Construction of Freestanding Signs- Ail freestand/ng signs shall include a masonry base. The message of the sign may be displayed by individual letters which are not illuminated, individual back-lighted letters or by a sign face with internal illumination. If internal illumination is used, the background of the sign shall be a dark, non-translucent color with the letters, logos or message being a contrasting, light translucent color. Lighting of Freestanding Signs- Freestanding signs shall be either internally illuminated or illuminated by a ground mounted outdoor light fix~e in which the luminaire is shielded so that it only illuminates the sign surface and does not shine on, cause glare to or otherwise impair the vision of drivers of any motor vehicle traveling on a public fight-of-way. Color Pallet- The color pallet for all signs within an individual area or within all of Area 2, shall be approved by the Carmel / Clay Township Plan Commission under an ADLS Approval. Use of Colors- Ail signs, whether freestanding or wall mounted, shall utilize a consistent color for each element of a message (i.e., a logo may use one color, a business name may use the same color as the logo or a different color, and a sub-text to the business name may use the same color as the logo or the business or may use a different color) unless expressly approved by the Carmel / Clay Township Plan Commission. Number of Colors- In no event, however, shall more than three (3) colors be utilized on any sign. tNIMAN2 7~,9872vl C~ Construction of Wall Signs- All wall signs shall be composed of ind/viduaI letters or logos. Retail Uses- Wall signs for retail uses shall be limited to no more than two (2) lines of text. If illuminated, illumination shall be by way of interior lighting or back lighting. Other Business Uses- Wall signs for other business uses shall be 1/mired to one (1) l~e of text and no more than two (2) colors, includ/n§ Iogos. If illuminated, illumination shall be by way of back lighting. Area 2-B. In addition to compliance with the General Regulations set forth above, all freestanding signs or wall signs located in Area 2-B shall be as approved by the Carmel / Clay Township Plan Commission under an ADLS Approval, with thc numt/er of signs md the sign area of signs to comply with Chapter 25.7: Si~._. .Ordinance of the Carmel / Clay Township Zoning Ordinance. ' ..... 13/IMAN2 749872vl VIII. Design Guidelines In order to assure compatible architectural styles within the PUD and to provide appropriate transition in terms of scale and density between the planned residential development located west of Spring Mill Road and the high density uses recommended along the US 31 Corridor by the City of Carmel and proposed in connection with this planned mdt development, the Design Guidelines contained in this section shall be applicable. A, Area l-A: Architectural design for Area 1-A shall be consistent with the Final Development Plan for Area' 1-A submitted simultaneously with ~e PUD. Area l-B: ArchitecmraI design for Area I-B shall be consistent with the requirements of the US 31 Overlay District; provided, however, if Area 1-B is developed for a hospital building, said hospital building shall have an architectural design which is consistent with that approved for Area 1-A. C, Area 2-A- Multifamily and Assisted Living: The intent of these design guidelines is to provide sufficient regulations for Multifamily Townhouse Dwellings or Assisted Living Facilities developed in .Area 2-A to properly buffer future planned residential development on the west side of Spring Mill Road from the more intense elements of this PUD located in Area 1. To that end, a series of photographs of various buildings is attached to this PUD. These photographs are intended to provide a graphic representation of the intent of the Design Guidelines for Multifamily Townhouse Dwellings and Assisted Living Facilities developed in Area 2-A. The photographs are not intended to propose specific building designs. In reviewing the architectural design of Multifamily Townhouse Dwellings or Assisted Living Facilities proposed to be built in Area 2-A, factors to be considered by the Carmel / Clay Township Plan Commission shall include but are not limited to the following: , Design_.~eme: Buildings should be designed with a consistent overall theme and building materials. , Buildin~ Proportion: Buildings should generally avoid long, monotonous, uninterrupted walls or roof planes. The design and placement of building facades, doors, windows, and architectural design details should be through use of Regulating Lines. Build/rig Height: The height of new principal buildings should be at least two (2) floors capable of being occupied, or be designed to appear so from the front and sides. The minimum height for all buildings should be twenty (20) feet, either at the roofline or at the top of the parapet wall. INIMAN2 749872v1 4~ e 7~ e Building Facades: Facades should have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the building style. Buildings with continuo~ facades that are n/nety (90) feet or greater in width, should be designed with offsets (,projec~g or recessed) not less than two (2) feet deep, and at intervals of not greater than sixty (60) feet. Facades constructed of more than one material should only change material along a horizontal line or a vertical line (not a diagonal line). Front and side facades of buildings located on comer lots or parcels should be of the same materials and similarly detailed. Roofs' Roofs should be simply and symmetrically pitched and only in the configamtion of gables and hips, with pitches ranging from 4:12 to 14:12. Shed roofs are permitted only when the ridge is attached to an exterior wall 6fa building, and should conform to pitch between 14:12 and 4:12. , Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels with a color selected to blend with or complement the primary building colors. Donners shall be designed with the correct details, proportion and style consistent with the overaI1 building composition, and roofed with symmetrical gable, hip or barrel roofs. Belvederes, cupolas, and pergolas are permitted if appropriate to the style, well proportioned, and fully detailed. All vents, attic ventilators, turbines, flues and others roof penetrations must be painted to match the color of the roof or flat black, except those made of metal which may be left natural. Gutters and downspouts shall be appropriate to or visually integrated with the architectural style of the structure. Entrance~: Building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, cokunns, and other design elements appropriate to the arch/tectural style and details of the building as a whole. The Iocation, orientation, proportion and style of door~ must faithfully reflect th, chosen style of the build/ng. Windows: All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way the windows open, the trim around the windows and whether the windows are embellished with shutters must be eons/stent with the architectural style of the structure. Awnings: Fixed or retractable awnings are permitted if the awnings' complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, [Ni~v~Mq2 749872vl D, Eo or decorative details); do not impair ficade composition; and, are designed as an integral part of the facade. Metal or aluminum awnings are prohibited. , S~tabiliW of Building Mat. e.rials: Unless otherwise approved by the Carmel / Clay Township Plan Commission, building materials shall be consistent with the following: Exposed foundation shall be constructed of one or more of the following: Brick; Stone (limestone, granite, fieldstone, etc.); or, Split-face block or architectural pre-cast concrete, if surface looks like brick or stone. ii. Facade walls shall be constructed of any combination off Brick or stone; Concrete composite siding (i.e., Hardy-Plank siding or equivalent) or other similar materials designed to take on the appearance of smooth cut cedar sh/~gles, wood clapboard siding, or wood beaded siding; or, Stucco with smoot~ finish, or dryvit (or equivalent), not to exceed twenty percent (20%) of the overall non-window facade area. (Note: Aluminum or vinyl siding materials shall not be considered as acceptable materials for fagade walls.) . 10. Design in relation to topography of the site; 11. Design of proposed landscaping in relation to structt~es; and, 12. Overall aesthetics of the proposed building, including color. Area 2-B: Architectural design for Area 2-B shall be as approved by the Carmel / Clay Township Plan Commission in its review of the ADLS plans for Area 2-B, with consideration given to the internal location of Area 2-B within the overall PUD and compatibility of the proposed development to other approved developments within this PUD. Lighting - All of Area 2-B: IlqlMA.N2 74~)872vl le Site lighting shall be coordinated throughout Areas 2-B of the PUD and be of a uniform design, color and materials. , Ali exterior parking lot and service / storage area lighting fix~es shall be full cut off fixtures. e All architectural display 1/ghting and sign lighting shall be generated from shielded light fixtures so that the luminaries are not visible from any adjacent residential development. F~ Mechanical Equipment. Ail mechanical equipment shall be screened from an adjoining public right-of- way by the building or a suitable wall or fencing designed to be generally compatible with the arehitectaa~I style of thc building(s) with which the mechanical equipment is associated. All mechanical equipment located in Area 2-A'shall be ground mounted and shall be located on the east side of a building to provide both a visual and a noise abatement barrier for said mechanical equipmem from Spring Mill Koad. Trash Enclosures. Ali trash enclosures shall be constructed of a suitable wall or fencing designed to be generally compatible with the architectural styl~ and materials of the building(s) with which the trash enclosure is associated. Ge Parking Lot Design. , Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. 2~ Direct, articulated pedestrian access shall be provided from the street to the main entrance of the building(s). 3~ Handicapped parking shall be provided in an amount and design which is in compliance with the ADA Accessibili _ty Guidelines for Buildings ~d Facilities. Above-grade, structured parking facilities shall have on all sides architectural features that are compatible with the building(s) with which they are associated. H. Maximum Building Heights. The Maximum Building Heights in Areas 2-A and 2-B are depicted in Exhibit A hereto. IN.N2 749872vl Common Drainage Facilities. Drainage basins, ponds, swales and facilities serving and located on all or any part of the land subject to t~e PUD may be developed as part of a common drainage system for all or any part of the land subject to the PUD. IN12dAN2 749872vl Examples of Intent of Design Guidelines for Area 2-A i::' :: ' ri':': :.;..: I/qIMAN2 749872vl Examples of Intent of Design Guidelines for Area ~-A I~IMA~2 749572vl Examples of Intent of Design Guidelines for Area 2-A INIMAN2 749872vl Examples of Intent of Design Guidelines for Area INIMAN2 749872vi . IXe Traffic / Roadway Improvements. A. Illinois Street. . _Right-0f-Wa~: Right-of-way for the portion of Illinois Street to be developed with the fa'st phase of construction shall be provided pursuant to the terms and conditions of a TIF Agreement with the City of Carmel. Additional right-of-way necessary to connect the first phase of development to ~e north property line of the PUD shall be dedicated upon receipt of a final alignment from the City of Carmel pu~s~t to the terms and conditions of a TIF Agreement with the City of Carmel. Devcloom.ent: Petitioner proposes the initial development oflllinois Street north from I 16th Street to approximately the south line of the existing wooded area at the northern property line of the PUD pursuant to the terms and conditions of a TIF Agreement with the City of Cannel. Acces__..._.~s: _West Side- Uses located on the west side of lllinois Street shall gain access to Illinois Street via not more than three (3) common or shared driveways, interior access drives or a public or private street connecting to Illinois Street. Be East Sidle- Uses located on the east side of Illinois Street shall gain access to Illinois Street via not more than three (3) full access points and one (I) right-in/right-out access point. Spring Mill Road. . 2~ Right-ofW._aK: Right-of-way for Spring Mil/Road shall be dedicated: Within sixty (60) days of final approval of a Final Development Plan for that portion of Area 2-A subject to such Final Development Plan; and, ii. In an mount not to exceed the lesser of that which is specified in the City of Carmel and Clay Township Thoroughfare Plan in existence on June 17, 2003, or specified on the date of final approval of said Final Development Plan for any portion of Area 2-A wMch receives Final Development Plan Approval. Access~: Access from Illinois Street to Spring Mill Road shall be limited to one (1) major interior access drive or public street connecting Spring Mill Road and Illinois Street as an extension of the main hospital entrance driveway along Illinois Street. Such connection to Spring Mill Road shall be located ha an eighty (80) foot total width fight-of-way and shall be INIMAN~2 749872vl Ce accomplished at or prior to the time of any development within Area 2-A. If Area 2-B develops prior to Area 2-A, provisions shall be made in the layout of Area 2-B to accommodate the continuation of such drive or street extension through Area 2-B from and to Illinois Street to and from Spring Mill Road. No other public or private street may connect Illinois Street and Spring Mill Road. 116t~ Street. ~ig. ht-of-Wa~t: Right-of-way along the 116~ Street frontage of the PLYD shall be dedicated in accordance with the Thoroughfare Plan and pursuant to the ~erms and conditions of a TIF Agreement with the City of Carmel. e Access: Access from and to flae overall PUD ~o and from 116~ Street shall be limked to three (3) points, a fu[l intersection / round-about at Illinois Street, a fight-in only Emergency Ambulauce Entrance just west of US 31, and a right-in, fight-out only. Ilq [MAI',Y2 749872vl X. Administration. Ao Development Requ~ements. The information contained in the following listed sections express the development requirements of this Planned Unit Development and are expressed in "detailed terms" as specified by IC 36-7-4-1500, et. seq., and the Section 31.6.1 of the Cannel /CIay Zoning Ordinance: l, w 3~ 4~ Section IV- Permitted Uses and Development Standards; Section V- Landscaping; Section VI- Lighting; Section VII- Signs; and, Bo 5. Section VIR- Design Guidelines Interpretation of Permitted Uses. Co It is recognized that this the list of permitted uses specified within each Area of this PUD is a representative l/sting of use and is not all inclusive of appropriate uses. Therefore, this PUD may require interpretation to assign appropriate uses to each of the individual Areas of this PUD. Any use which is not specifically set forth in this PUD, but which is comparable in terms of traffic generation, customer base and operational characteristics to other uses specified within each .Area of this PUD shall be reviewed by the Director for consistency with the intent set forth in each Area of this PUD and for compatibility w/th uses permitted within those Areas of this PUD. Based upon this review, the Director shall determine ffthe proposed use is a permitted use within an Area of this PUD. In case of disagreement with the determination of the Director in assigning a use to an appropriate Area witl~ this PUD, any aggrieved party may file an appeal with the Board of Zoning Appeals. If it is' (i) determined by the Director that a particular use is not permitted in any Area of this PUD and no appeal of the Director's decision is filed with the Board of Zoning Appeals; or, (ii) determined upon appeal that a particular use is not permitted ia any Area of this PUD, then such use shall require a variance of use or a rezoning petition in which such use is specifically included and described in order to be perm/tted within this PUD. Improvement Location Permits. Prior to the issuance of an improvement location permit for any building or structure (including signs) which requires an improvement location permit under the terms of Section 29.4.2 of the Carmel / Clay Zoning Ordinance, an application for Final Development Plan and ADLS shall be filed and approved by the Carmel / Clay Township Plan Commission. INIMAN2 749872vl Plan Documentat/on. Plan documentation and filing requirements for Final Development Plan and ADLS review shall bo consistent with thc requirements specified by the City of' Carmel - Department of CommUnity Services, provided, however, the Director shall have thc authority to waive any plan documentation requirement which is not relevant to the review of a particular application. Modification of Development Requirements. Upon the wri~ request of any owner of real estate subject to this PUD, the Carmel / Clay Plan Commission may designate a committee of the Commission to review and modify any of the development requirements contained herein (other than permitted uses) after a public hearing held in accordance with the Commission's Rules of Procexture. Any determination of a committee to approve or deny any requested modification may be apl~ale~ by the Director or any interested party to the Commission, in accordance with the Commission's Rules of Procedure. llqlMAN2 749872vl XI. Definitions. A~ General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this PUD: . The singular number includes the plural and the plural the singular, unless the context clearly indicates otherwise. Words used in the present tense include the past and future tenses, and the 5a~e the present. ge 1 . The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Definitions: Acces_s.o~ S.tructu~re: A structure subordinate to the building or use located on the real estate and which is not used for permanent human occupancy. An above-grade, stmctt~ed parking facility is an accessory structure. ,, A_ccesso~ Us~: A use which is subordinate to the main use, located on the real estate or in the same building as the main use, and incidental to the main use. 4~ 5~ 6~ . Automated Teller Machine A ' A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion of a cmtomer identification card, password or similar device. __Commis.s..io_n_n: The Cannel / Clay Township Plan Commission, which is the advisory plan commission established pursuant to IC 36-7-4, et. seq., for the City of Cannel and Clay Township, in Hamilton County, Indiana. Director: The Director oft he Department of Community Services for the City of Carmel, Indiana or the Director's author/zed representatives. Established Front Buildin Line: A line parallel to a front lot line and which passes through the nearest point of any building or structure. Fhaanc.i.a.I Institu.ti.'o__n: Any use concerned with such Federal or S/ate regulated businesses as banking, savings and loans companies and investment companies. · INIMAN2 749872vi 9~ 10. 11. Foot Candle: A unit of illumination. One (1) foot candle is equivalent to th~e illumination at all points which are one (1) foot distant from a uniform source of one (1) candle power. : A facility providing reproduction, cUtting, printing, binding, etc., of written materials, drawings, labels, etc., for occupants of the building. _R_Cs~au~nt (sit d.o.wn._}: An establishment where food and drink are prepared for, served to and/or consum~ by the general public. Such establishtnent may have: an outside seating component if located in Areas l-A, I-B or 2-B of this PUD; and, a separate area or lounge where alcoholic beverages are served without full food service, provided such areas are accessory to thc primary use in terms of square feet or sales. Sto_!9~: That part of a building, with an open height of no less than seventy-eight inches (78"), except a mezzanine, included between the upper surface of one floor and the lower surface of the next floor, or if there is no floor above, then the ceiling next above. A basement or my floor located entirely below grade level shall not constitute a story. A mechanical penthouse, whether enclosed by a roof or open to the sky shall not constitute a story. INIMAlq2 749572vl $___ecti0n3_. Violations of Ordinance: Ail violations of this Ordinance shall be subject to Section 34.0 or,he Carmel Clay Zoning Ordinauce. PA$~t~ED by the Common Council of the City of Carmel, Indiana, this t-/44~day of ~- ---- ~ _, 2003, by a vote of.~._~ ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF C L Robert Battreall N, Wayll¢ Diana L. Cordray, IAMC, . INIMAN2 749572vl Ordinance ~No. Z~09-03 Presented by me to the Mayo,'of t~e City of Carmel, Indi~ Ord~~ce No. ~09-03. Approved by me, Mayo~ of ~e CiW of C~el, ~~ ~s ~y of~_~ _ 2003, at ...... .M. . ATTEST: Prepared by: Joseph M. Sc/mia Clariau'Health Parmers, Inc. Attorney Baker & Daniels 600 E. 96t~ Street, Suite 600 Indianapolis, Indiana 46240 (317) 569-4680 Dire¢~ Dial (317) 569-4800 Fax 131IMAlq2 749572vl Ordinance No. Z-409-03 Exh/bit A LEGAL DESCRIPTION Clar/an PUD A part of the Southwest Quarter of Section 35, Township 18 North, Range 3 East in H~Iton County, Indiana, more particularly described as fo/lows: Beginning at the Southwest corner of said Southwest Quarter said point being the POINT OF BEGINN/NG; thence North 00 degrees 00 minutes 00 seconds (assumed bearing) 2,631.55 feet along ~he West line of said Southwest Quarter to the Northwest corner of said Southwest Quarter; thence North 88 degrees 45 minutes I 1 seconds East 1,328.45 feet along the North line of the West Half of said Southwest Quarter to the Northeast comer of the West Half of said Southwest Quarter; thence North 88 degrees 46 minutes 25 seconds East 451.57 feet along the North line of the East Half of said Southwest Quarter to the Western fight of way of U.S. 31 Indiana State Highway Commission lam fi ' _ located by (2) courses are.along said Western ,~P~, ..~,!~r Pro.j.e?t? 229C9), dated 1968: eas gre~sT~0~ following Two · ,r~, m way: (1) thence South 00 de minu~s 37 seconds East 2,549.36 feet; (2) thence South 59 degrees 18 minutes 54 seconds West 122.00 feet; thence South 01 degrees 26 minutes 16 seconds East 15.74 feet to the South line of the East Half of sa/d Southwest Quarter; thence South 88 degrees 33 minutes 44 seconds West 349.49 feet along the South line of the East Half to the Southeast comer of the West Half of sa/d Southwest Quarter; thence South 88 degrees 32 minutes 03 seconds West 1,329.55 feet along the South I/ne of the West Half of said Southwest Quarter to the Southwest comer of said Southwest Quarter said point being the POINT OF BEGINNING conta/ning 107.367 acres, more or less. Except: A part of the West Half of the Southeast Quarter of Section 35, Township 18 North, Range 3 East/n Hamilton County, Indiana, more part[eularly described as fo/lows: Commencing at the Northwest comer oft he West Half oft he Southwest Quarter of Section 35, Township 18 North, Range 3 East, said point being the POINT OF BEGINNING; thence North 88 degrees 45 minutes 11 seconds East (assumed bearing) 987.00 feet along the North line of said West Half} thence South 00 degrees 08 minutes ri.ght having a radius of 685.00 feet; the radius point 03 seconds East 32.65 feet to a curve to the of said curve bears South 89 degrees 51 minutes 57 seconds West; thence southerly 525.34 feet to a po/hr which bears South 46 degrees 11 minutes 34 seconds East from said radius poknt to a point of reverse curve to the lef[ having a radius of 835.00 feet; the radius point of said curve bears South 46 degrees 11 rrdnutes 34 seconds East; thence southwesterly 75.71 feet to a point which bears North 51 degrees 23 minutes 15 seconds West from sa/d radius point; thence South 88 degrees 45 minutes 11 seconds West 746.51 feet along a line which is parallel to the North line of said West Half to the West I/ne of said West Half} thence North 00 degrees 00 minutes 00 sec West Ime to the POINT OF BEGINN/Nr,. ........... ends 560.13 feet along said ' ,~ uonmmmg 1 t.773 acres, more or less. LNIMAN2 749872vi Ordinance No. 2%409-03 Exhibit B Cladau PUD I1V~N2 7498'/2vi CERTIFICATION OF THE CARM.~L/CLA y PLAN COMMISSlON,s ON y]~ PETITION OF C ~CO~~ATION NO--sT CO~R OF US 31 ~ 116~ $~ET -~~x LOCA~D AT T~' P~U~ TO ~~A CODE 36-7~-605 The Honorable CO,on Coun~ . of the Ci~ of Ca~el H~ton Count, In.aha Dear Members: The Carna.e//Clay Plan Cornn~ssion offers you the following · _ _ · · -orner or'US 31 and for a favorable recornrnendat/on At its regularly Schedu/ed 116~ Street: to rezone rneet/ng of June 17, 2003, the Carrne//Clay Plan Corem/ss/on Voted ten (10) in Ord/aanee No. Z-409-03 w/~h "No Reeomnae - ,, Favor, one (1) Opposed, zero (0) Absta/n/ng, to forward to the Common Council the proposed P/ease be adv/sed that by v/true of 3fi-7-4-608(g)(4), if the legislative body fails to act on the proposal within ninety (90) days after ~h_ ~ ~,,~ t.'omrnission,s '~o Recommendation,, act/on, pursuant to IC cer~fieat/on, it is defeated. Ninety days from the date of th/s Certification is Tuesday, September 23, 2~ :,.,~, -'~' RE~.....::... ATTEST: _ ~ · /_/~armeFC/ay Pla t~.--- ~tar, v · - ,,,,,...,.. :Y_ n,~,,~unissio,, ~-,,,~u. aune 25, 2003 BY: .~~.. /7 ,~ · . 2003-06-25; Z-409-03; C/ar/an PUD Cert/fiea~/on.rff- Ordinance No. Z~09-03 ~O~~ TO TAXPAYERS CARMEL, INI)IANA ~OTICE O~ p~LIC ~~G TO ~ZONE PROPER~ colOnY ~0~ AS OF THE NORT~ST co~R OF THE ~~EC~ON ~X6~ S~ET ~ ~.S. 3X ~mO~~ Z-409-03 H~l~on . their r~~ Notic~ is h~r~bY ~v~ to ~ t~pa~ors of ~e City of C~d md Clay ' ' S ~~, Camel, ~ ~6032, at 7:00 Co~ty, hdim~ ~at th~ proper 1~ officers of ~ Cit~ of c~el ~I1 m~ at · ~ g ~~ ~ . n~, ~ '~"--~ ' of C~~I D~~~t of Co~ . incss Dis~ct Cl~sifioatiou p.m. on Mo ~ ~.. ,~ 29-03 Z of tho C~ 3 md B-6~m t Dis~ct Co~ission Docze~ ~. lind ~om B ~t Devdopm~ ers, ~o. to rezone . the p~~I~ed U ~ iR Road, Class~fi~ ~ ;~ ~+~ ~eet ~ Clay To~~P~ ..... a Valley Devdopm~t C., ~e said rezone ~plicat~on ts o~,,~ ~ . Taxpayers appe~~ at ~e meeting sh~l have ~e fi~t to bo he~d. . Dima L. Co,dray, Cl~k-Trc~Urer )~e 27, 2003 INIMA~2 73973~,v~