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HomeMy WebLinkAboutPacket 06-05-12ORDINANCE NO. Z- HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT DISTRICT 12/22/11 Revised: 2/9/12 5/25/12 Section 1. Applicability of Ordinance. Revised: 5/25/12 Ordinance No. Z- Section 2. Plan Commission Approval and Zoning Waiver. Sponsor: Councilor(s) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z -289, (the "Carmel 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.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that pursuant to I.C. 36 -7 -4 -1500 et seq., and after receiving a favorable recommendation by the Carmel Plan Commission under docket number 11120027 Z, it hereby adopts this ordinance, (the "Ordinance to establish the Highpointe On Meridian Planned Unit Development District, as an amendment to the Carmel Zoning Ordinance. Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A (the "Real Estate as a planned unit development district. Section 1.2. Development in the planned unit development district will be governed entirely by the provisions of this Ordinance, with the exception that provisions of the Carmel Zoning Ordinance specifically referenced within this Ordinance will also apply. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance and its exhibits are hereby inapplicable to the use and development of the Real Estate. Section 1.3. Any capitalized term not defined herein will have the meaning as set forth in the Carmel Zoning Ordinance. Section 2.1. Development Plan. The Commission will review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the Real Estate prior to the issuance of an Improvement Location Permit by the Department in accordance with and pursuant to Section 24.02: Development Plan of the Carmel Zoning Ordinance. A. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land within the Real Estate. B. The Commission will hold a public hearing before it decides whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: Ordinance Z- Highpointe on Meridian PUD Ordinance Page 2 Revised: 5/25/12 a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of this Ordinance; d. Do not exceed twenty percent (20 of the original gross floor area of the existing structure, applicable from the date of this ordinance, and, e. Have received a prior ADLS approval from the Commission. C. The Commission will review a DP application to determine if the DP satisfies the development requirements specified in Sections 3.1 through 3.3 and Sections 5.1 through 5.8 of this Ordinance. The Commission's review will include, but not be limited to, the following items: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Surrounding zoning and existing land use; d. Streets, curbs and gutters, sidewalks, and bicycle paths; e. Access to public streets; f. Driveway and curb cut locations in relation to other sites; g. h. General vehicular and pedestrian traffic; Vehicle and bicycle parking facilities and internal site circulation; i. Special and general easements for public or private use; j. On -site and off -site surface and subsurface storm water drainage including drainage calculations; k. On -site and off -site utilities; 1. The means and impact of sanitary sewage disposal and water supply techniques; m. Dedication of streets and rights -of -way, or reservation of land to be sold to governmental authorities for future development of streets and rights -of -way; n. Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses; o. Project signage; and Ordinance Z- Highpointe on Meridian PUD Ordinance Page 3 P. Compatibility of proposed project with existing development within the Real Estate. D. The Commission will make written findings concerning each decision to approve or disapprove a DP. The President of the Commission will be responsible for signing the written findings of the Commission. Section 2.2. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission will review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the Real Estate prior to the issuance of an Improvement Location Permit by the Department in accordance with and pursuant to Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage of the Carmel Zoning Ordinance. Except as provided in Section 2.1 B. above, for all projects within the Real Estate, the Commission will review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 5.9 through 8 of this Ordinance. Section 2.3. Zoning Waiver. Excepting for the height of any building or the provisions of Section 10, the applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this Ordinance, by not greater than thirty -five percent (35 The Commission may, after a public hearing, grant a Plan Commission Waiver of the Development Requirements of this Ordinance. Any approval to permit such a waiver will be subject to the following criteria: Revised: 5/25/12 A. ADLS approval will be necessary prior to: a. The establishment of any use of land; b. The issuance of any Improvement Location Permit; c. The erection, reconstruction or structural alteration of any building(s) within the Real Estate; or d. Any changes in any site improvements. B. An amendment to an ADLS may be reviewed and approved by a committee of the Commission according to the Rules of Procedure. However, any interested party may appeal the decision of the committee directly to the Commission. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 4 A. The proposal will be in harmony with the purposes and the land -use standards contained in this Ordinance. B. The proposal will not produce a Site Plan or street /circulation system that would be impractical or detract from the appearance of the Development Plan, and will not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. C. The proposal exhibits creative building and site design characteristics, including, but not limited to: architectural style and /or scale, landscape treatment, tree preservation, public art, provisions for bicycles and /or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. In granting a waiver, the Commission may impose such reasonable conditions that will, in its judgment, promote the purposes of this Ordinance. This Section does not affect the right of an applicant under Indiana law to petition the Board of Zoning Appeals for a variance from development standards, as provided in IC 36 -7 -4 -918.5 and the Carmel Zoning Ordinance. Section 3. Permitted Uses. Section 3.1. Permitted Primary Uses. Amenity Area Artificial Lake or Pond Automated Teller Machine Clinic or medical health center College or University Day Care Financial Institution General Office General Retail and Personal Services (subject to space and operation limitations) Section 3.2. Retail and Service Uses. Retail and service uses may be included in one or more buildings within a DP, subject to the following: Revised: 5/25/12 A. Retail and Service Uses may comprise up to: Health and Fitness Facility Kindergarten Pre School Private School Medical Office Multi- Family Housing Complex Physical Therapy Rehabilitation Facility Private Parking Area Professional Office Trade or Business School Restaurant (with walk -up window but no drive thru window) Senior Living Community Ordinance Z- Highpointe on Meridian PUD Ordinance Page 5 a. Fifteen percent (15 of the Gross Floor Area (GFA) of any building; or, b. Up to thirty percent (30 of the GFA of one building may be retail and service uses, provided that: 1. Total square footage of retail and service uses designated in the development plan does not exceed fifteen percent (15 of the GFA of all buildings combined; or, 2. Retail and service uses over fifteen percent (15 of the GFA of any one building be located on the ground floor or below grade. B. The Commission may grant a zoning waiver to allow retail and service uses to be located on floors other than ground or below- grade, pursuant to the criteria found in Section 2.3 above. Section 3.3. Accessory Buildings and Uses. All Accessory Buildings and uses which are permitted in the B -5 zoning district (including Private Garages and carports) will be permitted and will be subject to the provisions of Section 25.01.02 of the Carmel Zoning Ordinance. Section 4. Definitions. AMENITY AREA. An area, building and /or other facility containing amenity services, recreational activities; fitness and /or exercise services and facilities, community rooms and other facilities intended for the use of and to serve the residents of a Multi Family Housing Complex, a Senior Living Community, as well as for office /service /retail tenants and their employees located on the Real Estate; including, but not limited to: private recreational facilities; swimming pools; changing areas and storage; recreational and fitness areas and equipment; tennis, basketball, volleyball and multi purpose sport courts; laundry facilities; concierge services; leasing property management offices; meeting rooms; and other facilities and amenities intended to benefit the development and use of the Real Estate. Revised: 5/25/12 DAY CARE. A program for the care of preschool and school age children and /or adults away from their permanent residence for any part of a twenty -four (24) hour day. PRESERVATION /CONSERVATION AREA. The area of the Real Estate generally located at the northeast end of the Real Estate south and west of the intersection of Illinois Street and 136 Street as is depicted on Exhibit "B which is attached hereto and made a part hereof. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 6 SENIOR LIVING COMMUNITY. A senior housing development planned and operated to provide a continuum of housing, accommodations, services and care for seniors, including but not limited to independent living, assisted living, memory care and skilled nursing care. and which may include support services and facilities; including, without limitation, (i) indoor /outdoor recreation, (ii) physical therapy, (iii) entertainment rooms, restaurants, and lounges, (iv) exercise rooms, (v) libraries, (vi) computer rooms, (vii) kitchen, food service, and dining rooms, (viii) automatic teller machines, (ix) administrative offices, (x) storage spaces, (xi) gift shops, and (xii) hair stylist /barber shops. Section 5. Height, Area and Architectural Requirements; Pedestrian and Bicycle Access. Section 5.1. Maximum Building Heights. Three (3) stories but not greater than sixty (60) feet; Section 5.2. Minimum Building Heights. A. Principal Buildings: Twenty -six (26) feet or two (2) stories; B. Accessory Buildings (including Private Garages and carports) and Amenity Area buildings: one (1) story Section 5.3. Illinois Street Right -of Way and Minimum Building Setbacks. Revised: 5/25/12 A. Due to the existing pipeline easement adjacent to the existing right -of -way line of Illinois Street, the north half right -of -way of Illinois Street will remain at forty -five (45) feet for as long as the pipeline easement remains, notwithstanding the proposed standard of a sixty -five (65) foot half right -of -way under the Carmel Clay Comprehensive Plan (2009 C3 Plan). The provisions of this Section 5.3 will satisfy the requirements of Section 2.09 of the Carmel Zoning Ordinance for compliance with the Thoroughfare Plan. B. The minimum building setback on Illinois Street will be thirty (30) feet from the right -of -way line of Illinois Street. The minimum building setback on 136 Street will be twenty -five (25) feet from the right -of -way line of 136 Street. The maximum building setback will be ninety -five (95) feet from the right -of -way line of Illinois Street and one hundred thirty (130) feet from the right -of -way line of 136 Street. The minimum and maximum building setback requirements do not apply to buildings with entrances that are not oriented toward Illinois Street or 136 Street or buildings that are adjacent to the Preservation/Conservation Area. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 7 Section 5.4. Minimum Side and Rear Yards. A. Multi- Family Housing Complex: Five (5) feet; forty (40) feet if adjacent to a single family residential zone. B. Senior Living Community and other uses: Adjacent to a single family residential zone Forty -five (45) feet; Adjacent to multi family or business use or zone Five (5) feet. C. Office: Adjacent to a single family residential zone 2.5 times the height of the building; Adjacent to office, multi- family or senior living community use or zone Five (5) feet. Section 5.5. Minimum Distance Between Buildings. Ten (10) feet. Section 5.6. Multi- Family Housing Complex Maximum Number of Units. Two Hundred Fifty (250) units. Section 5.7. Maximum Parcel Coverage Commercial. Sixty -five percent (65 (The percentage of a parcel that can be developed for Buildings (principal and accessory), parking structures and garages.) Section 5.8. Maximum Floor Area Ratio Commercial. Seventy percent (70%). This ratio is determined by dividing the Gross Floor Area of the building(s) (including basements but excluding any covered parking) on a parcel by the total area of the parcel Section 5.9. Architectural Design Requirements. Revised: 5/25/12 A. Minimum Unit Square Footage for Multi- Family Housing Complex Unit: 550 square feet. B. Building Materials: Multi- Family Housing Complex Senior Living Community other uses: Building exteriors may be comprised of: stone, brick, wood, architectural pre -cast and cementitious board (as primary material on first floor); other sidings (excluding vinyl) are permitted on upper floors (Stucco or EIFS may also be applied as trim detail but cannot exceed 10% of the overall non window facade area). Office: A minimum of three (3) materials for building exteriors from the following list: stone, brick, architectural pre -cast (panels or detailing), architectural metal panels, glass and ornamental metal. Large expanses of glass are allowed, up to seventy percent (70 of the facade area. The building may not Ordinance Z- Highpointe on Meridian PUD Ordinance Page 8 Revised: 5/25/12 be constructed entirely of a metal and glass curtain wall. Stucco or EIFS may also be applied as trim detail but cannot exceed 10% of the overall non window facade area. C. Footprint: All buildings will be designed in order to eliminate monotonous box buildings. Office buildings will be designed with a minimum of eight (8) external corners. D. Roof: The roofs of all buildings (excluding any canopy, porte cochere or accessory building) will be a sloped roof or a mansour roof, which wraps all sides of the building. Multi- Family Housing Complex: Rooflines will not have unbroken lines greater than two hundred fifty (250) feet in length. Projecting hip and gable roof elements will constitute a break in the roofline. Sloped roofs will be either standing seam metal or dimensional shingles. Senior Living Community, Office and other uses: Sloped roofs will not exceed one hundred ten (110) feet without a change in roof plane, or gable or dormer. Sloped roofs will be either standing seam metal or dimensional shingles. Modulation of the roof and /or roof line will be required in order to eliminate box shaped buildings. E. Wall Planes: Multi Family Housing Complex: Walls will not have unbroken planes greater than sixty (60) feet in length. Units may be differentiated by plane and material changes and by separate entrances. F. Porch/Entryways: Multi Family Housing Complex: Stoops should be covered to provide shelter. Individual porches, balconies, stoops or similar outdoor space are encouraged on the front and /or rear of the building. G. Facades: Continuous facades of more than three hundred (300) feet wide will be designed with vertical offsets of not less than eight (8) feet at intervals which divide the facade. Offsets may be projecting, recessed or may be a simple change in building material or detailing. H. Windows: In a Multi Family Housing Complex, all window design will be compatible with the style, materials, architectural detail and proportion of the building. Additionally, except for garages and garage portions of a building, a minimum of two (2) windows per level, per exposed facade, will be required (a vent may be substituted for a window on a gable) and all windows will be fully framed and trimmed. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 9 Revised: 5/25/12 I. Trash Areas: Trash receptacle areas will be fully screened on all four (4) sides to a minimum height equal to the height of the dumpster, bin or compactor plus two (2) feet. Screening materials will consist of the exterior building materials of the principal building(s). All doors will have an automatic closure mechanism such as spring loaded hinges. In a Multi- Family Housing Complex, trash receptacle areas will include recycling bins. J. Mechanical Equipment: Any mechanical equipment located on the ground and visible from an adjoining public street will be fully screened by: (a) suitable landscaping; (b) a screen fence or wall in general architectural compatibility with the building(s) with which it is associated; or (c) a combination of landscaping together with a screen fence or wall. Screening fences and walls may include the following materials: aluminum, brick, wood, stone or other attractive masonry screening materials. Rooftop mechanical and telecommunication equipment will be fully screened on all sides using the mansour roof, parapets, penthouse screens or other similar methods and which will be integrated into the overall building design. K. Loading Area: Office buildings will be required to have a separate loading area if the square footage of the building exceeds one hundred thousand (100,000) square feet. Any loading area visible from Illinois Street will be screened subject to the approval of the Commission. Section 5.10. Bicycle and Pedestrian Access and Connectivity. The Development Plan will include specific provisions for incorporating pedestrian and bicycle access, circulation and amenities into the development and provide for access and connectivity with the existing multi -use paths along Illinois Street and 136 Street. Section 6. Landscaping Requirements. Section 6.1. Landscaping Plan. A landscaping plan will be submitted to the Commission for its approval at the same time the other plans on architectural design, landscaping, parking, signage, and lighting, "ADLS are submitted. This plan will: A. be drawn to scale, including dimensions and distances; B. delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures; and C. delineate the location, size and description of all landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, Ordinance Z- Highpointe on Meridian PUD Ordinance Page 10 Revised: 5/25/12 paths, service and private parking areas will be designed as an integral and coordinated part of the landscape plan for the entire tract. Section 6.2. Landscape Standards. A. Planting and Landscape Materials. All trees, shrubs and ground cover will be planted according to the current standards established under the American Standard for Nursery Stock (ANSI Z60.1) and by the Urban Forestry Division of the Department of Community Services of the City of Carmel. Trees, plants and other landscape materials will be appropriate to local growing and climatic conditions. All trees, plants and other landscape materials to be installed and maintained with the current pipeline easement adjacent to Illinois Street will be further subject to the approval of the owner of the pipeline and grantee under the easement. B. Materials. All plants proposed to be used in accordance with any landscaping plan will meet the following specifications: a. Shade trees: two and one -half inch (2'/2 caliper. b. Ornamental trees: one and one -half inch (1' /2 caliper. c. Evergreen trees: A minimum height of six (6) feet. d. Shrubs (deciduous and evergreen): minimum height and spread of eighteen inches (18 C. Installation. All required landscaping will be installed prior to the issuance of a Final Certificate of Occupancy by the Department. Provided, however, if it is not possible to install all of the required landscaping because of weather conditions, the property owner will complete the required landscaping not installed prior to the issuance of the Certificate of Occupancy, within one hundred twenty (120) days following the issuance of a temporary Certificate of Occupancy. D. Maintenance. It will be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with the requirements of this Ordinance. This is to include, but is not limited to, mulching of planting areas, replacing dead or diseased plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. E. Changes After Approval. No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director, in consultation with the Urban Ordinance Z- Highpointe on Meridian PUD Ordinance Page 11 Revised: 5/25/12 Forester for the City of Carmel "Urban Forester in order to conform to specific site conditions. F. Inspection. The Director and the Urban Forester will have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. G. Illinois Street Streetscape. Along Illinois Street, due to the 50 foot gas line easement, planting and landscaping with a shallow root system is to be installed within the easement area adjacent to the right -of -way of Illinois Street. Excepting for the Preservation/Conservation Area and subject to approval of the pipeline company, as to species and planting details, for each one hundred (100) linear foot increment: four (4) ornamental trees and ten (10) shrubs will be required. These landscaped areas along Illinois Street will vary in width to accommodate appropriate planting space and to facilitate and promote creative planting and site plans, but will be at least five (5) feet in width. H. 136 Street Streetscape. Along 136 Street, due to the overhead power line running along the south right of way line adjacent to the Real Estate, for each one hundred (100) linear foot increment: four (4) ornamental trees and ten (10) shrubs will be planted in the open space between the buildings and the multi -use path along/south right -of -way line of 136 Street. This landscaped area along 136th Street will combine mounding and plant material and will vary in width to accommodate appropriate planting space and to facilitate and promote creative planting and site plans, but not less than fifteen (15) feet in width. Evergreens may substituted for shrubs (one (1) evergreen for three (3) shrubs). I. Perimeter Landscaping Standards. a. North and West Property Lines Adjacent to Single Family Residential Districts. OPTION 1: In the first fifty (50) feet south of the property line adjacent to the single family residential subdivision currently known as "Bentley Oaks" and west of the detention pond, existing vegetation, trees and mounding will be preserved. In those areas where existing vegetation is either absent, diseased, dead or containing invasive species and mounding is not present in the area, a three (3) to five (5) foot earthen berm will be constructed with two (2) rows of Norway Green Spruce evergreen trees, twenty (20) feet on center with staggered spacing. In the first fifty (50) feet of the Real Estate east of the property line adjacent to the single family residential subdivision currently known as "The Parks of Springmill" a three (3) to five (5) foot earthen berm will Ordinance Z- Highpointe on Meridian PUD Ordinance Page 12 Revised: 5/25/12 be constructed with two (2) rows of Norway Green Spruce evergreen trees, twenty (20) feet on center with staggered spacing. Immediately adjacent to the fifty (50) foot landscape buffer bordering both residential subdivisions will be a fifty -six (56) foot dry detention depressed grass area for stormwater management on the Real Estate. OPTION 2: Landscape buffer adjacent to Bentley Oaks subdivision is the same as in Option 1. In the first fifty (50) feet of the Real Estate east of the property line adjacent to the single family residential subdivision currently known as "The Parks of Springmill" the existing vegetation and trees will be preserved and supplemented by either one (1) row or two (2) rows of Norway Green Spruce evergreen trees twenty (20) feet on center with staggered spacing to fill in gaps. b. West Property Line Adjacent to City Property. The area of Real Estate located on the west property line extending approximately two hundred twenty (220) feet south from the right -of -way line of 136 Street which is adjacent to the real estate owned by the City of Carmel and used for a water utility pumping station, will be a continuation of the landscaping and mounding to be installed for the 136 Streetscape with four (4) ornamental trees and ten (10 shrubs for each one hundred (100) linear feet. J. Foundation Planting Standards. a. Principal Buildings Other Than Multi Family Housing Complex Buildings i. A planting area equal to an area measuring fifteen (15) feet in depth by the width of the front of a standalone Principal Building plus twenty (20) feet (to extend ten (10) feet out on both sides) will be installed at the front of a building facing Illinois Street. This planting area may be integrated into the Illinois Streetscape. ii. A planting area equal to an area ten (10) feet in depth will be installed on the sides and rear of the building. iii. Sidewalks up to eight (8) feet in width are permitted in these areas, but will not occupy the entire area on any side of a building. Building facade articulations (i.e. bumpouts and decks) are also permitted in these areas. iv. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped, innovative and Ordinance Z- Highpointe on Meridian PUD Ordinance Page 13 Revised: 5/25/12 original designs are encouraged. At least fifty percent (50 of the planting areas must contain plant material. Landscaping interior courtyards is encouraged and may be used to satisfy up to fifty percent (50 of the planting area requirements. v. Foundation planting will not be required for: those sides of the buildings which abut the preservation/conservation area; Accessory Buildings (including private garages and carports) and amenity area buildings; or those areas where required utility easements preclude any planting. b. Multi- Family Housing Complex Buildings Except as provided below, foundation planting will be required to soften the architectural lines of buildings, frame the primary views to buildings and public spaces, and blend architectural designs with the landscape. Foundation plantings will be designed to appropriately complement the building's use, setback height and architectural features. Window boxes for flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the base of a building due to the building's proximity to a sidewalk, path, street, right —of -way or easement. Where applicable, the following foundation building planting standards will be required: (a) along the front of all buildings, 3 shade trees, 3 ornamental trees and 25 shrubs per 100 linear feet of building frontage on a private street or right -of -way (street trees may be used to satisfy these requirements); (b) a planting area 5 feet in depth will be required on the sides and rear of all buildings except where the building directly abuts a parking area or private drive; sidewalks up to 8 feet in width may be permitted in these areas but may not occupy the entire planting area on any side of the building, excepting for those areas adjacent to access points to the building; (d) foundation planting areas need not be rectangular in shape as long as the required amount of space is landscaped with; innovative and original designs; and landscaping courtyards and may be used to satisfy up to fifty percent (50 of the planting area requirements. (c (e) Ordinance Z- Highpointe on Meridian PUD Ordinance Page 14 Revised: 5/25/12 ii. Foundation planting will be not required for: (a) those buildings that have their front entrances oriented toward Illinois Street; (b) those sides of the buildings which abut the Preservation/Conservation Area; Accessory Buildings (including Private Garages and carports) and Amenity Area Buildings; and (d) those areas where required utility easements preclude any planting. (c) K. Planting Within Parking Areas. a. Multi Family Housing Complex: Any parking area visible from Illinois Street (excluding parking on private drives and streets) will be required to have 1 shade tree and 5 shrubs for every nine parking spaces. b. Office, Senior Living Community and Other Uses: For parking areas greater than ten thousand (10,000) square feet in area, 1 shade tree and 5 shrubs for every 9 parking spaces. c. Entry Drives: Along all entry drives from Illinois Street to the parking area a landscape strip not less than five (5) feet in width containing: 2 shade trees, 2 ornamental trees and 10 shrubs per 100 linear feet will be required. L. Preservation/Conservation Area: Following construction of a proposed drainage facility and the relocation of the legal drain within the Preservation/Conservation Area, the Developer will preserve and maintain (including removal of invasive species and diseased and /or dead vegetation, and replanting) the vegetation, including but not limited to trees, shrubs and native grasses, in the Preservation/Conservation Area; subject, however, to the provisions of the Hamilton County Stormwater Management Technical Standards Manual, Hamilton County stormwater and drain regulations and all other applicable State and local statutes, regulations or orders governing stormwater drainage and legal drains. Any new planting and /or replanting will be done consistent with and pursuant to the list of species approved by the City of Carmel. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 15 Section 7. Parking Requirements. A. Minimum Number of Parking Spaces. B. Parking on Private Drive: To the extent that there is parking on any private drive, each space will be a minimum of eighteen (18) feet in length. Any such parking on private drives can be used to satisfy the requirements of paragraph A of this Section 7. C. Bicycle Parking: Bicycle Parking will be provided in compliance with Section 27.06 of the Carmel Zoning Ordinance. Provided however, bicycle parking spaces in a Multi- Family Housing Complex may be provided in Private Garages to satisfy the minimum number of bicycle parking spaces required under the Carmel Zoning Ordinance. Section 8. Lighting Requirements. Revised: 5/25/12 a. Office (Professional and Medical): Four (4) spaces per one thousand (1,000) square feet. b. Senior Living Community: Sixty -seven one hundredth (.67) spaces per unit. c. Multi- Family Housing Complex: One and five tenths (1.5) spaces per unit. d. All other uses: Per Carmel Zoning Ordinance. A. A site lighting plan will be submitted along with the information on ADLS. The site lighting plan will include the layout, spread and intensity of all site lighting, including: a. parking lot and service /storage area lighting; b. architectural, display lighting; c. security lighting; d. lighting of pedestrian and bicycle ways; e. landscape lighting. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 16 B. The maximum height of light standards will not exceed twenty -five (25) feet. However, when light standards abut or fall within ninety (90) feet of a residential district or use, they will not exceed fifteen (15) feet. C. All site pole lights and wall mounted lights will be low- level, 90° cutoff luminaries and will not spill over into adjoining properties in excess of 0.3 foot candle in multi family, senior living and all commercial areas, and 0.1 foot candle in residential areas. Section 9. Signage. Section 9.1. Sign Plan. A sign plan will be submitted for the Commission's approval as part of an ADLS or ADLS amendment application. Section 9.2. Sign Standards. The signs within the Highpointe On Meridian Planned Unit Development District will conform to the standards set forth in Chapter 25, Section 7 of the Carmel Zoning Ordinance, unless specified below or elsewhere in this Ordinance. Section 9.3. Signage. Revised: 5/25/12 A. The color of the signs will not be restricted; however, subject to Federal trademark protections, each office or other commercial building will have a palette of colors approved at the time of the ADLS approval for the building. The palette of colors may be amended by petition to and upon the approval of a Committee of the Commission pursuant to the Commission's Rules of Procedure. B. The Maximum Sign Area for wall Identification Signs for office or other commercial buildings will be determined in accordance with the freeway sign chart applicable for tenants in Single Tenant Multi Tenant Buildings (Ground Floor Multi- Level) as set forth in the Chapter 25, Section 7 of the Carmel Zoning Ordinance. Wall Identification Signs will be composed of individual letters and logos and may be illuminated by internal or external sources. Office or other commercial buildings with frontages on one or more public streets or private drives are allowed one wall Identification Sign per frontage. At the election of the building owner, a wall Identification Sign may be moved from one facade to another, but no more than two (2) wall Identification Signs may be on any one facade. Provided, however, that there will be no wall Identification Signs on the facade of any building facing a single family residential zoning district. C. Two (2) district identification Ground Signs for the Highpointe On Meridian Planned Unit Development District each with a maximum height of eight (8) feet six (6) inches and a maximum sign area of one hundred (100) square feet will be allowed at: (a) the south entrance to the Highpointe On Meridian Planned Unit Development District approximately one thousand five hundred Ordinance Z- Highpointe on Meridian PUD Ordinance Page 17 (1,500) feet north of the intersection of Shakamac Drive with Illinois Street and (b) at the north entrance to the Highpointe On Meridian Planned Unit Development District south and west of the intersection of Illinois Street and 136 Street. These district identification Ground Signs may not include tenant identification and will be consistent in design with the design approved by the Commission or a Committee of the Commission. D. Office, Senior Living and Multi- Family Housing Complex project identification Ground Signs with a maximum height of eight (8) feet six (6) inches and a maximum sign area of fifty (50) square feet will be allowed at the primary entrance to each project from Illinois Street. These are permanent Identification Signs with copy limited as provided for in the definition of an Identification Sign plus permitted Changeable Copy. Except as provided for above, these signs will be in accordance with Chapter 25, Section 7 of the Carmel Zoning Ordinance. E. Except as provided for herein, all other provisions of Carmel Zoning Ordinance will be applicable to development on the Real Estate. Temporary Signage on the Real Estate will be governed by the Carmel Zoning Ordinance. Section 10. Hours for Deliveries and Trash Pickup: Section 11. Approval or Denial of the Preliminary and Final Development Plans. Revised: 5/25/12 All commercial deliveries and trash pickup will occur between the hours of 7:00 A.M. and 7:00 P.M. Monday through Friday. Commercial deliveries will be allowed between 7:00 A.M. and 3:00 P.M. on Saturdays. No commercial deliveries or trash pickup will be allowed on Sundays. A. The Commission will approve without conditions, approve with conditions, or disapprove the Preliminary Development Plan "PDP for any project on the Real Estate. Provided, however, that the Commission will not unreasonably withhold or delay the approval of a PDP that is in conformance with this Ordinance and Section 24.02 of the Carmel Zoning Ordinance. If the Commission disapproves the PDP for any project on the Real Estate, the Commission will set forth in writing the basis for the disapproval. B. The Director will approve without conditions, approve with conditions, or disapprove the Final Development Plan "FDP for any project on the Real Estate. Provided, however, that the Director will not unreasonably withhold or delay the approval of a FDP that is in conformance with this Ordinance and the applicable provisions of the Carmel Zoning Ordinance. If the Director disapproves the FDP for any project on the Real Estate, the Director will set forth in writing the basis for the disapproval. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 18 Revised: 5/25/12 C. An amendment to a PDP or FDP which does not alter the use of any land may be reviewed and approved by the Director. However, any interested party may appeal the decision of the Director directly to a committee of the Commission. D. The PDP will be a preliminary plan for the development of real property that is submitted for approval by the Commission showing proposed facilities and structures and parking information for a site on the Real Estate in accordance with the provisions of Section 2 of this Ordinance. E. The FDP will be a specific plan for the development of real property that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building information for a site on the Real Estate in order to fulfill the requirements for a permit to improve the real property. Section 12. Violations of Ordinance. All violations of this Ordinance will be subject to Section 34.0 of the Carmel Zoning Ordinance. Section 13. Prior Ordinances. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 14. Effective Date. This Ordinance will be in full force and effect from and after its passage and signing by the Mayor. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURES FOLLOW ON NEXT PAGE Ordinance Z- Highpointe on Meridian PUD Ordinance Page 19 PASSED by the Common Council of the City of Carmel, Indiana this day of 2012, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Revised: 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Page 20 Presented by me to the Mayor of the City of Carmel, Indiana this day of 2002, at M. Approved by me, Mayor of the City of Carmel, Indiana, this day of 2012, at M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Prepared by: Paul G. Reis, Esq. Attorney -at -Law Krieg DeVault LLP 12800 N. Meridian, Suite 300 Carmel, Indiana 46032 KD_3763972_8.DOCX Revised: 5/25/12 Diana L. Cordray, IAMC, Clerk- Treasurer EXHIBIT A HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT ORDINANCE ORDINANCE Z- Legal Description of Real Estate A part of the Northeast Quarter of Section 26 and a part of the Northwest quarter of Section 25, both in Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest corner of the Northwest Quarter of said Section 25; thence North 88 degrees 21 minutes 51 seconds East (assumed bearing) along the North line of said Northwest Quarter 37.71 feet; thence South 08 degrees 35 minutes 58 seconds East 436.36 feet to a point on the limited access right -of -way line; 1) South 69 degrees 00 minutes 19 seconds West 38.72 feet; 2) South 89 degrees 51 minutes 28 seconds West 64.02 feet to a point on the West line of said Northwest Quarter; 3) south 89 degrees 51 minutes 27 seconds west 41.93 feet; 4) South 68 degrees 03 minutes 45 seconds West 800.77 feet; 5) South 70 degrees 34 minutes 03 seconds West 1172.10 feet to a tangent curve concave Southeasterly having a central angle of 12 degrees 43 minutes 09 seconds and a radius of 2,436.83 feet; 6) Southwesterly along said curve an arc distance of 540.97 feet (said arc being subtended by a chord having a bearing of South 64 degrees minutes 28 seconds West and a length of 539.86 feet); thence South 88 degrees 37 minutes 32 seconds West 281.17 feet to the Southwest corner of the North Half of the Northeast Quarter of said Section 26; thence North 00 degrees 18 minutes 34 seconds West along the West line of said Northeast Quarter 536.60 feet to a point on a non tangent curve concave Southeasterly having a central angle of 11 degrees 56 minutes 09 seconds and a radius of 3036.83 feet thence Northeasterly along said curve parallel with said limited access right -of -way line an arc distance of 632.63 feet (said arc being subtended by a chord having a bearing of North 64 degrees 35 minutes 59 seconds and a length of 631.48 feet); thence North 70 degrees 34 minutes 03 seconds East parallel with said limited access right -of -way line 534.23 feet; thence South 14 degrees 49 minutes 01 seconds East 81.22 feet; thence North 88 degrees 35 minutes 23 seconds East parallel with the North line of said Northeast Quarter 522.50 feet; thence North 01 degrees 24 minutes 37 seconds West 430.00 feet to the North line of said Northeast Quarter; thence North 88 degrees 35 minutes 23 seconds East along said North line 1050.89 feet to the point of beginning. EXCEPT (Parcel 1A): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the Northwest Quarter of Section 25 Township 18 North, Range 3 East; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by Warranty Deed recorded in Deed Revised: 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 2 of 6 Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds East 436.69 feet (436.52 feet deed) along the Eastern line of said tract of land to the Northwestern Boundary of U.S. Highway 31 thence the following five (5) courses along said Northwestern Boundary; (1) South 69 degrees 11 minutes 51 seconds West 38.68 feet; (2) thence North 89 degrees 58 minutes 14 seconds West 105.95 feet; (3) thence South 68 degrees 14 minutes 04 seconds West 800.80 feet (800.77 feet deed); (4) thence South 70 degrees 42 minutes 31 seconds West 1171.78 feet (1172.10 feet deed) to the point of beginning of this description (5) thence Southwesterly 539.18 feet (540.69 feet deed) along an are to the left having a radius of 2436.83 feet and subtended by a long chord having a bearing of South 64 degrees 22 minutes 12 seconds West and a length of 538.09 feet (539.58 feet deed) to the South line of the North Half of said Northeast quarter; thence South 88 degrees 47 minutes 26 seconds West 282.51 feet (281.46 feet deed) along said south line to the west line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 84.88 feet along said West line; thence North 66 degrees 18 minutes 52 seconds East 19.67 feet; thence Northeasterly 283.83 feet along an are to the right having a radius of 555.00 feet and subtended by a long chord having a bearing of North 80 degrees 57 minutes 54 seconds East and a length of 280.74 feet; thence Northeasterly 280.39 feet along an are to the left having a radius of 645.00 feet and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds east and a length of 278.18 feet; thence North 70 degrees 42 minutes 31 seconds East 208.05 feet to the point of beginning. ALSO EXCEPT (Parcel 1B): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recoded in Deed Book 350 page 582, in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 11.86 feet to the point of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 47.35 feet; thence Southwesterly 430.76 feet along an arc to the right having a radius of 445.00 feet and subtended by a long chord having a bearing of South 40 degrees 30 minutes 12 seconds West and a length of 414.14 feet to the Northwestern boundary of U.S. Highway 31; thence South 68 degrees 14 minutes 04 seconds West 488.22 feet along said Northwestern boundary; thence South 70 degrees 42 minutes 31 seconds West 1171.78 feet (1172.10 feet deed) along said Northwestern boundary; thence leaving said Northwestern boundary and continuing South 70 degrees 42 minutes 31 seconds West 208.05 feet; thence Southwesterly 280.39 feet along an arc to the right having a radius of 645.00 feet and subtended by a long chord having a bearing of South 83 degrees 09 minutes 44 seconds West Revised: 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 3 of 6 and a length of 278.18 feet; thence Southwesterly 283.83 feet along an arc to the left having a radius of 555.00 feet and subtended by a long chord having a bearing of South 80 degrees 57 minutes 54 seconds West and a length of 280.74 feet; thence South 66 degrees 18 minutes 52 seconds West 19.67 feet to the West line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 54.52 feet along said West line; thence Northeasterly 307.31 feet along an arc to the right having a radius of 605.00 feet and subtended by a long chord having a bearing of North 81 degrees 03 minutes 50 seconds east and a length of 304.02 feet; thence Northeasterly 258.65 feet along an arc to the left having a radius of 595.00 feet and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds East and a length of 256.62 feet; thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet thence Northeasterly 42.97 feet along an arc to the left having a radius of 995.00 feet and subtended by a long chord having a bearing of North 69 degrees 28 minutes 17 seconds East and a length of 42.97 feet; thence North 68 degrees 14 minutes 04 seconds East 465.66 feet; thence Northeasterly 382.36 feet along an arc to the left having a radius of 395.00 feet and subtended by a long chord having a bearing of North 40 degrees 30 minutes 12 seconds East and a length of 367.60 feet; thence North 12 degrees 46 minutes 20 seconds East 47.37 feet; thence South 77 degrees 12 minutes 25 seconds East 50.00 feet to the point of beginning. ALSO EXCEPT (Parcel 1C): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter of the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 61.86 feet to the point of beginning of this description; thence south 12 degrees 46 minutes 20 seconds West 47.37 feet; thence Southwesterly 382.36 feet along an are to the right having a radius of 395.00 feet and subtended by a long chord having a bearing of South 40 degrees 30 minutes 12 seconds West and a length of 367.60 feet; thence South 68 degrees 14 minutes 04 seconds West 465.66 feet; thence Southwesterly 42.97 feet along an arc to the right having a radius of 995.00 feet and subtended by a long chord having a bearing of south 69 degrees 28 minutes 17 seconds West and a length of 42.97 feet; thence South 70 degrees 42 minutes 31 seconds West 1357.27 feet; thence southwesterly 258.65 feet along an are to the right having a radius of 595.00 feet and subtended by a long chord having a bearing of South 83 degrees 09 minutes 44 seconds West and a length of 256.62 feet; thence Southwesterly 307.31 feet along an arc to the left having a radius of 605.00 feet and subtended by a long chord having a bearing of South 81 degrees 03 minutes 50 seconds West and a length of 304.02 feet to the West line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 43.31 feet Revised: 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 4 of 6 along said west line; thence Northeasterly 310.49 feet along an arc to the right having a radius of 645.00 feet and subtended by a long chord having a bearing of North 81 degrees 49 minutes 31 seconds East and a length of 307.50 feet; thence Northeasterly 241.26 feet along an are to the left having a radius of 555.00 feet and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds East and a length of 239.37; thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet; thence Northeasterly 41.24 feet along an arc to the left having a radius of 955.00 feet and subtended by a long chord having a bearing of North 69 degrees 28 minutes 18 seconds East and a length of 41.24 feet; thence North 68 degrees 14 minutes 04 seconds East 465.66 feet; thence Northeasterly 315.66 feet along an arc to the left having a radius of 355.00 feet and subtended by a long chord having a bearing of North 42 degrees 45 minutes 39 seconds East and a length of 305.37 feet; thence North 12 degrees 47 minutes 35 seconds East 75.33 feet; thence South 77 degrees 12 minutes 25 seconds East 41.07 feet to the point of beginning. ALSO EXCEPT (Parcel 1D): A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26, all in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of said Northwest Quarter thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence south 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land to the point of beginning of this description; thence continuing South 8 degrees 24 minutes 41 seconds East 298.23 feet along said East line to the Northwestern boundary of U.S. Highway 31; thence South 69 degrees 11 minutes 51 seconds West 38.68 feet along said Northwestern boundary; thence North 89 degrees 58 minutes 14 seconds West 105.95 feet along said Northwestern boundary; thence South 68 degrees 14 minutes 04 seconds West 312.57 feet along said Northwestern boundary; thence Northeasterly 430.76 feet along an arc to the left having a radius of 445.00 feet and subtended by a long chord having a bearing of North 40 degrees 30 minutes 12 seconds East and a length of 414.14 feet; thence North 12 degrees 46 minutes 20 seconds East 47.35 feet; thence South 77 degrees 12 minutes 25 seconds East 11.86 feet; thence North 55 degrees 54 minutes 38 seconds East 118.05 feet to the point of beginning. ALSO EXCEPT (Parcel 1E): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45 minutes 26 seconds West (bearing assumed) 57.70 feet along the North line of said Northeast Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 191.99 feet; thence North 77 degrees 12 minutes 25 seconds West 41.07 feet; thence North 12 degrees 46 minutes 20 seconds East 181.72 feet to the North lien of said Revised: 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 5 of 6 Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds East 42.33 feet along said North line to the point of beginning. ALSO EXCEPT (Parcel 1F): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45 minutes 26 seconds West (bearing assumed) 6.17 feet along the North line of said Northeast Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 204.48 feet; thence North 77 degrees 12 minutes 25 seconds West 50.00 feet; thence North 12 degrees 46 minutes 20 seconds East 191.99 feet to the North line of said Northeast quarter; thence North 88 degrees 45 minutes 26 seconds East 51.53 feet along said North line to the point of beginning. ALSO EXCEPT (Parcel 1G): A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26, all in Township 18 North, Range 3 East; Hamilton County, Indiana, described as follows: Beginning at the Northwest corner of said Northwest Quarter; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 11.86 feet; thence North 12 degrees 46 minutes 20 seconds East 204.48 feet to the North line of said Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds East 6.17 feet along said North line to the point of beginning. ALSO EXCEPT: Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of said Northeast quarter; thence South 89 degrees 01 minutes 25 seconds West along North line of said Northeast Quarter Section a distance of 100.03 feet; thence South 13 degrees 02 minutes 19 seconds West a distance of 46.38 feet to the point of beginning; thence continuing South 13 degrees 02 minutes 19 seconds West a distance of 86.04 feet; thence North 51 degrees 21 minutes 54 seconds West a distance of 130.93 feet; thence North 89 degrees 01 minutes 25 seconds East parallel to the North line of the Northeast Quarter of Section 26, a distance of 121.70 feet to the point of beginning. Revised: 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 6 of 6 ALSO EXCEPT: Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter of Section 26, Township 18 North, Range 3 East; thence on the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West (assumed bearing) a distance of 1005.89 feet to the point of beginning of the herein described real estate; thence south 01 degrees 24 minutes 37 seconds East 250.00 feet; thence parallel with the North line of said Quarter Section, North 88 degrees 35 minutes 23 seconds East 85.00 feet; thence South 01 degrees 24 minutes 37 seconds East 180.00 feet; thence parallel with the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 130.00 feet to the southeast corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument Number 9115494, Plat Cabinet 1, Slide 170 in the Office of the Recorder of said County; thence on the East line of said subdivision, North 01 degree 24 minutes 37 seconds West 430.00 feet to the Northeast corner of said subdivision, said corner being on the North line of said Northeast quarter Section; thence on the north line thereof, North 88 degrees 35 minutes 23 seconds East 45.00 feet to the point of beginning. ALSO EXCEPT: Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18 North, Range 03 East; thence on the North line thereof, North 88 degrees 35 minutes 23 seconds East (basis of bearing from Plat of Bentley Oaks), a distance of 1611.43 feet to the Northeast corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the Plat of which is recorded as Instrument Number 9115494 in the office of the Recorder of said County, said corner being the point of beginning of the herein described real estate; thence continuing on the North line of said Quarter Section North 88 degrees 35 minutes 23 seconds East 947.98 feet to a point on the Westerly right -of -way line of a proposed roundabout at the intersection of Oakridge Road, said point being on a non tangent curve concave Easterly; having a central angle of 27 degrees 47 minutes 51 seconds and a radius of 96.00 feet; thence Southerly and Southeasterly on and along said non tangent curve an arc distance of 46.90 feet (said arc being subtended by a long chord bearing South 15 degrees 38 minutes 20 seconds East 46.42 feet) to a non tangent line; thence on a line, which is parallel with and 45.00 feet by perpendicular measurement South of the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 959.39 feet to a point on the East line of aforesaid Bentley Oaks; thence on said East line, North 01 degrees 24 minutes 37 seconds West 45.00 feet to the point of beginning. Revised: 5/25/12 Revised: 5/25/12 EXHIBIT B HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT ORDINANCE ORDINANCE Z- Preservation/Conservation Area ORDINANCE NO. Z- HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT DISTRICT 12/22/11 Revised: 2/9/12 5/25/12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z -289, (the "Carmel 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.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that pursuant to I.C. 36 -7 -4 -1500 et seq., and after receiving a favorable recommendation by the Carmel Plan Commission under docket number 11120027 Z, it hereby adopts this ordinance, (the "Ordinance to establish the Highpointe On Meridian Planned Unit Development District, as an amendment to the Carmel Zoning Ordinance. Section 1. Applicability of Ordinance: Revised: 2 9 5/25/12 Ordinance No. Z- Sponsor: Councilor(s) Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A (the "Real Estate as a planned unit development district. Section 1.2. Development in the planned unit development district will be governed entirely by the provisions of this Ordinance, with the exception that provisions of the Carmel Zoning Ordinance specifically referenced within this Ordinance will also apply. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance and its exhibits are hereby inapplicable to the use and development of the Real Estate. Section 1.3. Any capitalized term not defined herein will have the meaning as set forth in the Carmel Zoning Ordinance. Section 2. Plan Commission Approval and Zoning Waiver:_ Section 2.1. Development Plan. The Commission will review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the Real Estate prior to the issuance of an Improvement Location Permit by the Department in accordance with and pursuant to Section 24.02: Development Plan of the Carmel Zoning Ordinance. A. The Commission must approve, approve with conditions, or disapprove the Development Plan (DP) for any tract of land within the Real Estate. B. The Commission will hold a public hearing before it decides whether to approve or disapprove a DP. However, no DP is required for additions to existing structures which: Ordinance Z- Highpointe on Meridian PUD Ordinance Page 2 Revised: 2 9 5/25/12 a. Are attached to the existing structure; b. Continue the architectural design of the existing structure, including exterior color and materials; doors and windows, other detailing; c. Meet with requirements of this Ordinance; d. Do not exceed twenty percent (20 of the original gross floor area of the existing structure, applicable from the date of this ordinance, and, e. Have received a prior ADLS approval from the Commission. C. The Commission will review a DP application to determine if the DP satisfies the development requirements specified in Sections 3.1 through 3.3 and Sections 5.1 through 5.8 of this Ordinance. The Commission's review will include, but not be limited to, the following items: a. Existing site features, including topography and wooded areas; b. Zoning on site; c. Surrounding zoning and existing land use; d. Streets, curbs and gutters, sidewalks, and bicycle paths; e. Access to public streets; f. Driveway and curb cut locations in relation to other sites; g. General vehicular and pedestrian traffic; h. Vehicle and bicycle parking facilities and internal site circulation; i. Special and general easements for public or private use; j. On -site and off -site surface and subsurface storm water drainage including drainage calculations; k. On -site and off -site utilities; 1. The means and impact of sanitary sewage disposal and water supply techniques; m. Dedication of streets and rights -of -way, or reservation of land to be sold to governmental authorities for future development of streets and rights -of -way; n. Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses; o. Project signage; and Ordinance Z- Highpointe on Meridian PUD Ordinance Page 3 Revised: 2 9 5/25/12 P. Compatibility of proposed project with existing development within the Real Estate. D. The Commission will make written findings concerning each decision to approve or disapprove a DP. The President of the Commission will be responsible for signing the written findings of the Commission. Section 2.2. Architectural Design, Exterior Lighting, Landscaping and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission will review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the Real Estate prior to the issuance of an Improvement Location Permit by the Department in accordance with and pursuant to Section 24.03: Architectural Design, Exterior Lighting, Landscaping and Signage of the Carmel Zoning Ordinance. Except as provided in Section 2.1 B. above, for all projects within the Real Estate, the Commission will review and approve the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS), access to the property, site layout, parking and site circulation, pursuant to Sections 5.9 through 8 of this Ordinance. A. ADLS approval will be necessary prior to: a. The establishment of any use of land; b. The issuance of any Improvement Location Permit; c. The erection, reconstruction or structural alteration of any building(s) within the Real Estate; or d. Any changes in any site improvements. B. An amendment to an ADLS may be reviewed and approved by a committee of the Commission according to the Rules of Procedure. However, any interested party may appeal the decision of the committee directly to the Commission. Section 2.32.3. Zoning Waiver. TheExce tin for the hei ht of an buildin or the provisions of Section 10. the applicant may request a Plan Commission Waiver to the dimensional and quantitative standards of this Ordinance, by not greater than thirty -five percent (35 The Commission may, after a public hearing, grant a Plan Commission Waiver of the Development Requirements of this Ordinance. Any approval to permit such a waiver will be subject to the following criteria: A. The proposal will be in harmony with the purposes and the land -use standards contained in this Ordinance. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 4 B. The proposal will not produce a Site Plan or street /circulation system that would be impractical or detract from the appearance of the Development Plan, and will not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. C. The proposal exhibits creative building and site design characteristics, including, but not limited to: architectural style and /or scale, landscape treatment, tree preservation, public art, provisions for bicycles and /or mass transit, reduced surface parking coupled with provisions for above or below ground parking facilities. In granting a waiver, the Commission may impose such reasonable conditions that will, in its judgment, promote the purposes of this Ordinance. This Section does not affect the right of an applicant under Indiana law to petition the Board of Zoning Appeals for a variance from development standards, as provided in IC 36 -7 -4 -918.5 and the Carmel Zoning Ordinance. Section 3. Permitted Uses:. Section 3.1. Permitted Primary Uses. Amenity Area Artificial Lake or Pond Automated Teller Machine Clinic or medical health center College or University Day Care Financial Institution General Office General Retail and Personal Services (subject to space and operation limitations) Section 3.23.2. Retail and Service Uses. Health and Fitness Facility Kindergarten Pre School Private School Medical Office Multi Family Housing Complex Physical Therapy Rehabilitation Facility Private Parking Area Professional Office Trade or Business School Restaurant (with walk -up window but no drive -thru window) Senior Living Community Retail and service uses may be included in one or more buildings within a DP, subject to the following: A. Revised: 2 9 5/25/12 Retail and Service Uses may comprise up to: Ordinance Z- Highpointe on Meridian PUD Ordinance Page 5 a. Fifteen percent (15 of the Gross Floor Area (GFA) of any building; or, b. Up to thirty percent (30 of the GFA of one building may be retail and service uses, provided that: 1. Total square footage of retail and service uses designated in the development plan does not exceed fifteen percent (15 of the GFA of all buildings combined; or, 2. Retail and service uses over fifteen percent (15 of the GFA of any one building be located on the ground floor or below grade. B. The Commission may grant a zoning waiver to allow retail and service uses to be located on floors other than ground or below grade, pursuant to the criteria found in Section 2.3 above. Section 3.33.3. Accessory Buildings and Uses. All Accessory Buildings and uses which are permitted in the B -5 zoning district (including Private Garages and carports) will be permitted and will be subject to the provisions of Section 25.01.02 of the Carmel Zoning Ordinance. Section 4. Definitions:_ AMENITY AREA. An area, building and /or other facility containing amenity services, recreational activities; fitness and /or exercise services and facilities, community rooms and other facilities intended for the use of and to serve the residents of a Multi Family Housing Complex, a Senior Living Community, as well as for office /service /retail tenants and their employees located on the Real Estate; including, but not limited to: private recreational facilities; swimming pools; changing areas and storage; recreational and fitness areas and equipment; tennis, basketball, volleyball and multi purpose sport courts; laundry facilities; concierge services; leasing property management offices; meeting rooms; and other facilities and amenities intended to benefit the development and use of the Real Estate. DAY CARE. A program for the care of preschool and school age children and /or adults away from their permanent residence for any part of a twenty -four (24) hour day. PRESERVATION /CONSERVATION AREA. The area of the Real Estate generally located at the northeast end of the Real Estate south and west of the intersection of Illinois Street and 136 Street as is depicted on Exhibit "B which is attached hereto and made a part hereof. Revised: 2 9 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Page 6 SENIOR LIVING COMMUNITY. A senior housing development planned and operated to provide a continuum of housing, accommodations, services and care for seniors, including but not limited to independent living, assisted living, memory care and skilled nursing care. and which may include support services and facilities; including, without limitation, (i) indoor /outdoor recreation, (ii) physical therapy, (iii) entertainment rooms, restaurants, and lounges, (iv) exercise rooms, (v) libraries, (vi) computer rooms, (vii) kitchen, food service, and dining rooms, (viii) automatic teller machines, (ix) administrative offices, (x) storage spaces, (xi) gift shops, and (xii) hair stylist/barber shops. Section 5. Height, Area and Architectural Requirements; Pedestrian and Bicycle Access Section 5.1. Maximum Building Heights. Multi Family Housing Complex, Senior ories or sixty (60) feet; office uses: seventy two located within two hundred (200) feet of a Three 3 stories but not reater than sixty (60) feet; Section 5.2. Minimum Building Heights. A. Principal Buildings: Twenty -six (26) feet or two (2) stories; B. Accessory Buildings (including Private Garages and carports) and Amenity Area buildings: one (1) story Section 5.3. Illinois Street Right -of Way and Minimum Building Setbacks. Revised: 2 9 5/25/12 A. Due to the existing pipeline easement adjacent to the existing right -of -way line of Illinois Street, the north half right -of -way of Illinois Street will remain at forty-five (45) feet for as long as the pipeline easement remains, notwithstanding the proposed standard of a sixty -five (65) foot half right -of -way under the Carmel Clay Comprehensive Plan (2009 C3 Plan). The provisions of this Section 5.3 will satisfy the requirements of Section 2.09 of the Carmel Zoning Ordinance for compliance with the Thoroughfare Plan. B. The minimum building setback on Illinois Street will be thirty (30) feet from the right -of -way line of Illinois Street. The minimum building setback on 136 Street will be twenty -five (25) feet from the right -of -way line of 136 Street. The maximum building setback will be eninety -five (5895) feet from the right -of -way line of Illinois Street and one- hundred thirty-€rye (34130) feet from the right -of -way line of 136 Street. The minimum and maximum building setback requirements do not apply to buildings with entrances that are not oriented toward Illinois Street or 136 Street or buildings that are adjacent to the Preservation /Conservation Area. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 7 Section 5.4. Minimum Side and Rear Yards. A. Multi Family Housing Complex: Five (5) feet; forty (3-040) feet if adjacent to a single family residential zone. B. Senior Living Community and other uses: Adjacent to a single family residential zone Forty -five (45) feet; Adjacent to multi family or business use or zone Five (5) feet. C. Office: Adjacent to a single family residential zone 2.5 times the height of the building; Adjacent to office, multi family or senior living community use or zone Five (5) feet. Section 5.55.5. Minimum Distance Between Buildings. Ten (10) feet. Section 5.65.6. Multi- Family Housing Complex Maximum Number of Units. Two Hundred Fifty (250) units. Section 5.75.7. Maximum Parcel Coverage Commercial. Sixty -five percent (65 (The percentage of a parcel that can be developed for Buildings (principal and accessory), parking structures and garages.) Section 5.85.8. Maximum Floor Area Ratio Commercial. Seventy percent (70 This ratio is determined by dividing the Gross Floor Area of the building(s) (including basements but excluding any covered parking) on a parcel by the total area of the parcel Section 5.9. Architectural Design Requirements. Revised: 2 9 5/25/12 A. Minimum Unit Square Footage for Multi Family Housing Complex Unit: 550 square feet. B. Building Materials: Multi- Family Housing Complex Senior Living Community other uses: Building exteriors may be comprised of: weed- ;stone, brick, wood, architectural pre -cast concrete and cementitious board Las primary material on first floor); other sidings (excluding vinyl) are permitted on upper floors (Stucco or EIFS may also be applied as trim detail but cannot exceed 10% of the overall non window facade area). Office: A minimum of three (3) materials for building exteriors from the following list: stone, brick, architectural pre -cast (panels or detailing), architectural metal Ordinance Z- Highpointe on Meridian PUD Ordinance Page 8 Revised: 2 9 5/25/12 panels, glass and ornamental metal. Large expanses of glass are allowed, up to seventy percent (70 of the facade area. The building may not be constructed entirely of a metal and glass curtain wall. Stucco or EIFS may also be applied as trim detail but cannot exceed 10% of the overall non- window facade area. C. Footprint: All buildings will be designed in order to eliminate monotonous box buildings. Office buildings will be designed with a minimum of eight (8) external corners. D. Roof: The roofs of all buildin s excludin an cano rte cochere or accesso buil in will be a sloped roof or a mansour roof, which wra s all sides of the building. Multi- Family Housing Complex: Rooflines will not have unbroken lines greater than e+tetwo hundred (100fifty (250) feet in length. Projecting hip and gable roof elements will constitute a break in the roofline. Sloped roofs will be either standing seam metal or dimensional shingles. Senior Living Community, Office and other uses: Sloped roofs will not exceed one hundred (100ten (110) feet without a change in roof plane, or gable or dormer. Sloped roofs will be either standing seam metal or dimensional shingles. Modulation of the roof and /or roof line will be required in order to eliminate box shaped buildings. Parapets. Parapets must be fully integrated into the architectural design of the least the first structural bay, or twenty five (25) f E. Wall Planes: Multi Family Housing Complex: Walls will not have unbroken planes greater than sixty (60) feet in length. Units may be differentiated by plane and material changes and by separate entrances. F. Porch /Entryways: Multi- Family Housing Complex: Stoops should be covered to provide shelter. Individual porches, balconies, stoops or similar outdoor space are encouraged on the front and /or rear of the building. G. Facades: Continuous facades of more than 2-00three hundred (300) feet wide will be designed with vertical offsets of not less than eight (8) feet at intervals which divide the facade. Offsets may be projecting, recessed or may be a simple change in building material or detailing. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 9 Revised: 2 9 5/25/12 H. Windows: In a Multi Family Housing Complex, all window design will be compatible with the style, materials, architectural detail and proportion of the building. Additionally, except for garages and garage portions of a building, a minimum of two (2) windows per level, per exposed facade, will be required (a vent may be substituted for a window on a gable) and all windows will be fully framed and trimmed. I. Trash Areas: Trash receptacle areas will be fully screened on all four (4) sides to a minimum height equal to the height of the dumpster, bin or compactor plus two (2) feet. Screening materials will consist of the exterior building materials of the principal building(s). All doors will have an automatic closure mechanism such as spring loaded hinges. In a Multi- Family Housing Complex, trash receptacle areas will include recycling bins. J. Mechanical Equipment: Any mechanical equipment located on the ground and visible from an adjoining public street will be fully screened by: (a) suitable landscaping; (b) a screen fence or wall in general architectural compatibility with the building(s) with which it is associated; or (c) a combination of landscaping together with a screen fence or wall. Screening fences and walls may include the following materials: aluminum, brick, wood, stone or other attractive masonry screening materials. Rooftop mechanical and telecommunication equipment will be fully screened on all sides using the mansour roof, parapets, penthouse screens or other similar methods and which will be integrated into the overall building design. K. Loading Area: Office buildings will be required to have a separate loading area if the square footage of the building exceeds one hundred thousand (100,000) square feet. Any loading area visible from Illinois Street will be screened subject to the approval of the Commission. Section 5.10. Bicycle and Pedestrian Access and Connectivity. The Development Plan will include specific provisions for incorporating pedestrian and bicycle access, circulation and amenities into the development and provide for access and connectivity with the existing multi -use paths along Illinois Street and 136 Street. Section 6. Landscaping Requirements:. Section 6.1. Landscaping Plan. A landscaping plan will be submitted to the Commission for its approval at the same time the other plans on architectural design, landscaping, parking, signage, and lighting, "ADLS are submitted. This plan will: A. be drawn to scale, including dimensions and distances; Ordinance Z- Highpointe on Meridian PUD Ordinance Page 10 B. delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures; and C. delineate the location, size and description of all landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas will be designed as an integral and coordinated part of the landscape plan for the entire tract. Section 6.2. Landscape Standards. Revised: 2 9 5/25/12 A. Planting and Landscape Materials. All trees, shrubs and ground cover will be planted according to the current standards established under the American Standard for Nursery Stock (ANSI Z60.1) and by the Urban Forestry Division of the Department of Community Services of the City of Carmel. Trees, plants and other landscape materials will be appropriate to local growing and climatic conditions. All trees, plants and other landscape materials to be installed and maintained with the current pipeline easement adjacent to Illinois Street will be further subject to the approval of the owner of the pipeline and grantee under the easement. B. Materials. All plants proposed to be used in accordance with any landscaping plan will meet the following specifications: a. Shade trees: two and one -half inch (2'/2 caliper. b. Ornamental trees: one and one -half inch (l' /2 caliper. c. Evergreen trees: A minimum height of six (6) feet. d. Shrubs (deciduous and evergreen): minimum height and spread of eighteen inches (18 C. Installation. All required landscaping will be installed prior to the issuance of a Final Certificate of Occupancy by the Department. IfProvided, however, if it is not possible to install all of the required landscaping because of weather conditions, the property owner will complete the required landscaping not installed prior to the issuance of the Final Certificate of Occupancy, within one hundred twenty (120) days following the issuance of the Finala temporary Certificate of Occupancy. D. Maintenance. It will be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with the requirements of this Ordinance. This is to include, but is not limited to, mulching of planting areas, replacing dead or diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 11 Revised: 2 9 5/25/12 E. Changes After Approval. No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director, in consultation with the Urban Forester for the City of Carmel "Urban Forester in order to conform to specific site conditions. F. Inspection. The Director and the Urban Forester will have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. G. Illinois Street Streetscape. Along Illinois Street, due to the 50 foot gas line easement, planting and landscaping with a shallow root system is to be installed within the easement area adjacent to the right -of -way of Illinois Street. Excepting for the Preservation/Conservation Area and subject to approval of the pipeline company, as to species and planting details, for each one hundred (100) linear foot increment: four (4) ornamental trees and ten (10) shrubs will be required. These landscaped areas along Illinois Street will vary in width to accommodate appropriate planting space and to facilitate and promote creative planting and site plans, but will be at least five (5) feet in width. H. 136 Street Streetscape. Along 136 Street, due to the overhead power line running along the south right of way line adjacent to the Real Estate, for each one hundred (100) linear foot increment: four (4) ornamental trees and ten (10) shrubs will be planted in the open space between the buildings and the multi -use path along /south right -of -way line of 136 Street. TheseThis landscaped areasarea along 136th Street will combine mounding and plant material and will vary in width to accommodate appropriate planting space and to facilitate and promote creative planting and site plans, but not less than fifteen (15) feet in width. Evergreens ma substituted for shrubs one 1 ever reen for three 3 shrubs I. Perimeter Landscaping Standards. a. North and West Property Lines Residential Districts. privacy fence, not less tha Adjacent to Single Family existing drainage easements, a landscape buffer, ten (10) feet in width five (5) shade trees and twenty (20) shrubs arc to be planted. OPTION 1: In the first fifty (50) feet south of the property line ad'acent to the sin le family residential subdivision currently known Ordinance Z- Highpointe on Meridian PUD Ordinance Page 12 Revised: 5/25/12 as "Bentley Oaks" and west of the detention pond, existing vegetation, trees and mounding will be preserved. In those areas where existing vegetation is either absent, diseased, dead or containin invasive s ecies and moundin is not resent in the area a three (3) to five (5) foot earthen berm will be constructed with two (2) rows of Norway Green Spruce evergreen trees. twenty (20 feet on center with sta ered s. acin In the first fi 50 feet of the Real Estate east of the property line adjacent to the single family residential subdivision currently known as "The Parks of S.rin' mill" a three 3 to five 5 foot earthen berm will be constructed with two 2 rows of Norwa Green S ruce ever reen trees, t wenty (20) feet on center with staggered spaci Immediately adjacent to the fifty 50 foot landscape buffer borderin both residential subdivisions will be a fi -six 56 foot d detention -de ressed rass area for stormwater mana ement on the Real Estate. OPTION 2: Landscape buffer adjacent to Bentley Oaks subdivision is the same as in Option 1. In the first fi 50 feet of the Real Estate east of the .ro.ert line adjacent to the single family residential subdivision currently known as "The Parks of Springmill" the existing vegetation and trees will be preserved and supplemented by either one (1) row or two (2 rows of Norway Green Spruce ever reen trees twen 20 feet on center with sta ered s. acin to fill in a. s. b—b. West Property Line Adjacent to City Property. Except where a screening shadow box wood privacy fence, not less than six (6) feet in height, is installed on the north and west property lines of the Real EstateThe area of Real Estate located on the west property line extending approximately two hundred twenty (220) feet south from the right -of -way line of 136 Street which is adjacent to the real estate owned by the City of Carmel and used for a water utility pumping station, a landscape buffer, ten (10) feet in width will be required andwill be a continuation of the landscaping and mounding to be installed for the 136 Streetscape with four (4) ornamental trees and ten (10 shrubs for each one hundred (100) linear feet plantedfeet. J. Foundation Planting Adjacent to tandards. a. Principal Buildings Other t a Than Multi Family Housing Complex Buildings, Ordinance Z- Highpointe on Meridian PUD Ordinance Page 13 Revised: 2 9 5/25/12 i. planting area equal to an area measuring fifteen (15) feet in depth by the width of the front of a standalone Principal Building plus twenty (20) feet (to extend ten (10) feet out on both sides) will be installed at the front of a building facing Illinois Street. This planting area may be integrated into the Illinois Streetscape. ii. 13-.—A planting area equal to an area ten (10) feet in depth will be installed on the sides and rear of the building. Sidewalks up to eight (8) feet in width are permitted in these areas, but will not occupy the entire area on any side of a building. Building facade articulations (i.e. bumpouts and decks) are also permitted in these areas. iv. €1,-These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped, innovative and original designs are encouraged. Clustering of trees and shrubs is also encouraged.At least fifty percent (50 of the planting areas must contain plant material. Landscaping interior courtyards is encouraged and may be used to satisfy up to fifty percent (50 of the planting area requirements. v. Foundation planting will not be required for: those sides of the buildin. s which abut the .reservation /conservation area Accessor Buildin s s includin srivate ara es and car. orts and amenit area buildings; or those areas where required utility easements preclude any planting. K. Foundation Planting Adjacent to Multi Family Housing Complex Buildings: i. a- Except as provided below, foundation planting will be required to soften the architectural lines of buildings, frame the primary views to buildings and public spaces, and blend architectural designs with the landscape. Foundation plantings will be designed to appropriately complement the building's use, setback height and architectural features. Window boxes for flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the base of a building due to the building's proximity to a sidewalk, path, street, right —of -way or easement. b. Where applicable, the following foundation building planting standards will be required: b -along the front of all buildings, 3 shade trees, 3 ornamental trees and 25 shrubs per 100 linear feet of building frontage Ordinance Z- Highpointe on Meridian PUD Ordinance Page 14 Revised: 2 -9-5/2 /12 on a private street or right -of -way (street trees may be used to satisfy these requirements); (b) +r-a planting area 5 feet in depth will be required on the sides and rear of all buildings except where the building directly abuts a parking area or private drive; (c) .44T-sidewalks up to 8 feet in width may be permitted in these areas but may not occupy the entire planting area on any side of the building, excepting for those areas adjacent to access points to the building; (d) -ice— foundation planting areas need not be rectangular in shape as long as the required amount of space is landscaped with; innovative and original designs; and v. clustering of trees and shrubs is encouraged; and 4- landscaping interior courtyards is encouraged and may be used to satisfy up to fifty percent (50 of the planting area requirements. ii. e- Foundation planting will be not required for: ii-(a) those buildings that have their front entrances oriented toward Illinois Street; i> ---(bl those sides of the buildings which abut the Preservation /Conservation Area; Accessory Buildings (including Private Garages and carports) and Amenity Area Buildings; and iv,-(d) those areas where required utility easements preclude any planting. K. L- Planting Within Parking Areas. a. Multi Family Housing Complex: Any parking area visible from Illinois Street (excluding parking on private drives and streets) will be required to have 1 shade tree and 5 shrubs for every nine parking spaces. b. Office, Senior Living Community and Other Uses: For parking areas reater than ten thousand 10 000 s• uare feet in area 1 shade tree and 5 shrubs for every 9 parking spaces. Except where perimeter—landscape residential zone containing 5 shade trees and 20 shrubs per 100 linear feet (evergreen trees may be planted in lieu o Ordinance Z- Highpointe on Meridian PUD Ordinance Page 15 L. M. Preservation /Conservation Area: Following construction of a proposed drainage facility and the relocation of the legal drain within the Preservation /Conservation Area, the Developer will preserve and maintain (including removal of invasive species and diseased and /or dead vegetation, and replanting) the vegetation, including but not limited to trees, shrubs and native grasses, in the Preservation /Conservation Area; subject, however, to the provisions of the Hamilton County Stormwater Management Technical Standards Manual, Hamilton County stormwater and drain regulations and all other applicable State and local statutes, regulations or orders governing stormwater drainage and legal drains. Any new planting and /or replanting will be done consistent with and pursuant to the list of species approved by the City of Carmel. Section 7. Parking Requirements:, Revised: 2 9 5/25/12 c. Entry Drives: Along all entry drives from Illinois Street to the parking area a landscape strip not less than five (5) feet in width containing: 2 shade trees, 2 ornamental trees and 10 shrubs per 100 linear feet will be required. A. Minimum Number of Parking Spaces. a. Office (Professional and Medical): Four (4) spaces per one thousand (1,000) square feet. b. Senior Living Community: Sixty-seven one hundredth (.67) spaces per unit. c. Multi- Family Housing Complex: One and five tenths (1.5) spaces per unit. d. All other uses: Per Carmel Zoning Ordinance. B. Parking on Private Drive: To the extent that there is parking on any private drive, each space will be a minimum of eighteen (18) feet in length. Any such parking on private drives can be used to satisfy the requirements of paragraph A of this Section 7. C. Bicycle Parking: Bicycle Parking will be provided in compliance with Section 27.06 of the Carmel Zoning Ordinance. Provided however, bicycle parking spaces in a Multi- Family Housing Complex may be provided in Private Garages to Ordinance Z- Highpointe on Meridian PUD Ordinance Page 16 Section 8. Lighting Requirements 9. Signage Revised: 2 9 5/25/12 satisfy the minimum number of bicycle parking spaces required under the Carmel Zoning Ordinance. A. A site lighting plan will be submitted along with the information on ADLS. The site lighting plan will include the layout, spread and intensity of all site lighting, including: a. parking lot and service /storage area lighting; b. architectural, display lighting; c. security lighting; d. lighting of pedestrian and bicycle ways; e. landscape lighting. B. The maximum height of light standards will not exceed twenty -five (25) feet. However, when light standards abut or fall within ninety (90) feet of a residential district or use, they will not exceed fifteen (15) feet. C. All site pole lights and wall mounted lights will be low- level, 90° cutoff luminairesluminaries and will not spill over into adjoining properties in excess of 0.3 foot candle in multi family, senior living and all commercial areas, and 0.1 foot candle in residential areas. Section 9.1. Sign Plan. A sign plan will be submitted for the Commission's approval as part of an ADLS or ADLS amendment application. Section 9.2. Sign Standards. The signs within the Highpointe On Meridian Planned Unit Development District will conform to the standards set forth in Chapter 25, Section 7 of the Carmel Zoning Ordinance, unless specified below or elsewhere in this Ordinance. Section 9.3. Signage. A. The color of the signs will not be restricted; however, subject to Federal trademark protections, each office or other commercial building will have a palette of colors approved at the time of the ADLS approval for the building. The palette of colors may be amended by petition to and upon the approval of a Committee of the Commission pursuant to the Commission's Rules of Procedure. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 17 Revised: 2 9 512 B. The Maximum Sign Area for wall Identification Signs for office or other commercial buildings will be determined in accordance with the freeway sign chart applicable for tenants in Single Tenant Multi- Tenant Buildings (Ground Floor Multi Level) as set forth in the Chapter 25, Section 7 of the Carmel Zoning Ordinance. Wall Identification Signs will be composed of individual letters and logos and may be illuminated by internal or external sources. Office or other commercial buildings with frontages on one or more public streets or private drives are allowed one wall Identification Sign per frontage. At the election of the building owner, a wall Identification Sign may be moved from one facade to another, but no more than two (2) wall Identification Signs may be on any one facade. Provided, however, that there will be no wall Identification Signs on the facade of any building facing a single family residential zoning district. C. Two (2) district identification Ground Signs for the Highpointe On Meridian Planned Unit Development District each with a maximum height of eight (8) feet six (6) inches and a maximum sign area of one hundred (100) square feet will be allowed at: (a) the south entrance to the Highpointe On Meridian Planned Unit Development District approximately one thousand five hundred (1,500) feet north ofthe intersection of Shakamac Drive with Illinois Street and (b) at the north entrance to the Highpointe On Meridian Planned Unit Development District south and west of the intersection of Illinois Street and 136 Street. These district identification Ground Signs may not include tenant identification and will be consistent in design with the design approved by the Commission or a Committee ofthe Commission. D. Office, Senior Living and Multi- Family Housing Complex project identification Ground Signs with a maximum height of eight (8) feet six (6) inches and a maximum sign area of fifty (50) square feet will be allowed at the primary entrance to each project from Illinois Street and at the entrance to the Multi Family Housing Complex from 136 Strcct. These are permanent Identification Signs with copy limited as provided for in the definition of an Identification Sign plus permitted Changeable Copy. Except as provided for above, these signs will be in accordance with Chapter 25, Section 7 of the Carmel Zoning Ordinance. E. Except as provided for herein, all other provisions of Carmel Zoning Ordinance will be applicable to development on the Real Estate. Temporary Signage on the Real Estate will be governed by the Carmel Zoning Ordinance. Section 10. Hours for Deliveries and Trash Pickup: All commercial deliveries and trash pickup will occur between the hours of 7:00 A.M. and 7:00 P.M. Monday through Friday. Commercial deliveries will be Ordinance Z- Highpointe on Meridian PUD Ordinance Page 18 Section -1-0711. Approval or Denial of the Preliminary and Final Development Plans:. Revised: 2 9 5/25/12 allowed between 7:00 A.M. and 3:00 P.M. on Saturdays. No commercial deliveries or trash pickup will be allowed on Sundays. A. The Commission will approve without conditions, approve with conditions, or disapprove the Preliminary Development Plan "PDP for any project on the Real Estate. Provided, however, that the Commission will not unreasonably withhold or delay the approval of a PDP that is in conformance with this Ordinance and Section 24.02 of the Carmel Zoning Ordinance. If the Commission disapproves the PDP for any project on the Real Estate, the Commission will set forth in writing the basis for the disapproval. B. The Director will approve without conditions, approve with conditions, or disapprove the Final Development Plan "FDP for any project on the Real Estate. Provided, however, that the Director will not unreasonably withhold or delay the approval of a FDP that is in conformance with this Ordinance and the applicable provisions of the Carmel Zoning Ordinance. If the Director disapproves the FDP for any project on the Real Estate, the Director will set forth in writing the basis for the disapproval. C. An amendment to a PDP or FDP which does not alter the use of any land may be reviewed and approved by the Director. However, any interested party may appeal the decision of the Director directly to a committee of the Commission. D. The PDP will be a preliminary plan for the development of real property that is submitted for approval by the Commission showing proposed facilities and structures and parking information for a site on the Real Estate in accordance with the provisions of Section 2 of this Ordinance. E. The FDP will be a specific plan for the development of real property that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building information for a site on the Real Estate in order to fulfill the requirements for a permit to improve the real property. Section 41,12. Violations of Ordinance:. All violations of this Ordinance will be subject to Section 34.0 of the Carmel Zoning Ordinance. Section 12. 13. Prior Ordinances: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 1;, 14. Effective Date=. This Ordinance will be in full force and effect from and after its passage and signing by the Mayor. Ordinance Z- Highpointe on Meridian PUD Ordinance Page 19 Revised: 2 9 5/25/12 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURES FOLLOW ON NEXT PAGE Ordinance Z- Highpointe on Meridian PUD Ordinance Page 20 PASSED by the Common Council of the City of Carmel, Indiana this day of 2012, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Revised: 2 9 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Page 21 Presented by me to the Mayor of the City of Carmel, Indiana this day of 2002, at M. Approved by me, Mayor of the City of Carmel, Indiana, this day of 2012, at M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Prepared by: Paul G. Reis, Esq. Attorney -at -Law Krieg DeVault LLP 12800 N. Meridian, Suite 300 Carmel, Indiana 46032 IUD _3763972 6-8 DOCX Revised: 2 9 5/25/12 Diana L. Cordray, IAMC, Clerk Treasurer EXCEPT (Parcel 1A): Revised: 2 9 5/25/12 EXHIBIT A HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT ORDINANCE ORDINANCE Z- Legal Description of Real Estate A part of the Northeast Quarter of Section 26 and a part of the Northwest quarter of Section 25, both in Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest corner of the Northwest Quarter of said Section 25; thence North 88 degrees 21 minutes 51 seconds East (assumed bearing) along the North line of said Northwest Quarter 37.71 feet; thence South 08 degrees 35 minutes 58 seconds East 436.36 feet to a point on the limited access right -of -way line; 1) South 69 degrees 00 minutes 19 seconds West 38.72 feet; 2) South 89 degrees 51 minutes 28 seconds West 64.02 feet to a point on the West line of said Northwest Quarter; 3) south 89 degrees 51 minutes 27 seconds west 41.93 feet; 4) South 68 degrees 03 minutes 45 seconds West 800.77 feet; 5) South 70 degrees 34 minutes 03 seconds West 1172.10 feet to a tangent curve concave Southeasterly having a central angle of 12 degrees 43 minutes 09 seconds and a radius of 2,436.83 feet; 6) Southwesterly along said curve an arc distance of 540.97 feet (said arc being subtended by a chord having a bearing of South 64 degrees4-2 minutes 28 seconds West and a length of 539.86 feet); thence South 88 degrees 37 minutes 32 seconds West 281.17 feet to the Southwest corner of the North Half of the Northeast Quarter of said Section 26; thence North 00 degrees 18 minutes 34 seconds West along the West line of said Northeast Quarter 536.60 feet to a point on a non tangent curve concave Southeasterly having a central angle of 11 degrees 56 minutes 09 seconds and a radius of 3036.83 feet thence Northeasterly along said curve parallel with said limited access right -of -way line an arc distance of 632.63 feet (said arc being subtended by a chord having a bearing of North 64 degrees 35 minutes 59 seconds and a length of 631.48 feet); thence North 70 degrees 34 minutes 03 seconds East parallel with said limited access right -of -way line 534.23 feet; thence South 14 degrees 49 minutes 01 seconds East 81.22 feet; thence North 88 degrees 35 minutes 23 seconds East parallel with the North line of said Northeast Quarter 522.50 feet; thence North 01 degrees 24 minutes 37 seconds West 430.00 feet to the North line of said Northeast Quarter; thence North 88 degrees 35 minutes 23 seconds East along said North line 1050.89 feet to the point of beginning. A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the Northwest Quarter of Section 25 Township 18 North, Range 3 East; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by Warranty Deed recorded in Deed Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 2 of 6 degrees 24 minutes 41 seconds East 436.69 feet (436.52 feet deed) along the Eastern line of said tract of land to the Northwestern Boundary of U Highway 31 thence the following five (5) courses along said Northwestern Boundary; (1) South 69 degrees 11 minutes 51 seconds West 38.68 feet; (2) thence North 89 degrees 58 minutes 14 seconds West 105.95 feet; (3) thence South 68 degrees 14 minutes 04 seconds West 800.80 feet (800.77 feet deed); (4) thence South 70 degrees 42 minutes 31 seconds West 1171.78 feet (1172.10 feet deed) to the point of beginning of this description (5) thence Southwesterly 539.18 feet (540.69 feet deed) along an arc to the left having a radius of 2436.83 feet and subtended by a long chord having a bearing of South 64 degrees 22 minutes 12 seconds West and a length of 538.09 feet (539.58 feet deed) to the South line of the North Half of said Northeast quarter; thence South 88 degrees 47 minutes 26 seconds West 282.51 feet (281.46 feet deed) along said south line to the west line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 84.88 feet along said West line; thence North 66 degrees 18 minutes 52 seconds East 19.67 feet; thence Northeasterly 283.83 feet along an arc to the right having a radius of 555.00 feet and subtended by a long chord having a bearing of North 80 degrees 57 minutes 54 seconds East and a length of 280.74 feet; thence Northeasterly 280.39 feet along an arc to the left having a radius of 645.00 feet and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds east and a length of 278.18 feet; thence North 70 degrees 42 minutes 31 seconds East 208.05 feet to the point of beginning. ALSO EXCEPT (Parcel 1B): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recoded in Deed Book 350 page 582, in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 11.86 feet to the point of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 47.35 feet; thence Southwesterly 430.76 feet along an arc to the right having a radius of 445.00 feet and subtended by a long chord having a bearing of South 40 degrees 30 minutes 12 seconds West and a length of 414.14 feet to the Northwestern boundary of U.S. Highway 31; thence South 68 degrees 14 minutes 04 seconds West 488.22 feet along said Northwestern boundary; thence South 70 degrees 42 minutes 31 seconds West 1171.78 feet (1172.10 feet deed) along said Northwestern boundary; thence leaving said Northwestern boundary and continuing South 70 degrees 42 minutes 31 seconds West 208.05 feet; thence Southwesterly 280.39 feet along an arc to the right having a radius of 645.00 feet and subtended by a long chord having a bearing of South 83 degrees 09 minutes 44 seconds West and a length of 278.18 feet; thence Southwesterly 283.83 feet along an are to the left having a radius of 555.00 feet and subtended by a long chord having a bearing of South 80 degrees 57 minutes 54 seconds West Revised: 2 9 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 3 of 6 and a length of 280.74 feet; thence South 66 degrees 18 minutes 52 seconds West 19.67 feet to the West line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 54.52 feet along said West line; thence Northeasterly 307.31 feet along an arc to the right having a radius of 605.00 feet and subtended by a long chord having a bearing of North 81 degrees 03 minutes 50 seconds east and a length of 304.02 feet; thence Northeasterly 258.65 feet along an arc to the left having a radius of 595.00 feet and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds East and a length of 256.62 feet; thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet thence Northeasterly 42.97 feet along an arc to the left having a radius of 995.00 feet and subtended by a long chord having a bearing of North 69 degrees 28 minutes 17 seconds East and a length of 42.97 feet; thence North 68 degrees 14 minutes 04 seconds East 465.66 feet; thence Northeasterly 382.36 feet along an arc to the left having a radius of 395.00 feet and subtended by a long chord having a bearing of North 40 degrees 30 minutes 12 seconds East and a length of 367.60 feet; thence North 12 degrees 46 minutes 20 seconds East 47.37 feet; thence South 77 degrees 12 minutes 25 seconds East 50.00 feet to the point of beginning. ALSO EXCEPT (Parcel 1C): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter of the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 61.86 feet to the point of beginning of this description; thence south 12 degrees 46 minutes 20 seconds West 47.37 feet; thence Southwesterly 382.36 feet along an arc to the right having a radius of 395.00 feet and subtended by a long chord having a bearing of South 40 degrees 30 minutes 12 seconds West and a length of 367.60 feet; thence South 68 degrees 14 minutes 04 seconds West 465.66 feet; thence Southwesterly 42.97 feet along an arc to the right having a radius of 995.00 feet and subtended by a long chord having a bearing of south 69 degrees 28 minutes 17 seconds West and a length of 42.97 feet; thence South 70 degrees 42 minutes 31 seconds West 1357.27 feet; thence southwesterly 258.65 feet along an arc to the right having a radius of 595.00 feet and subtended by a long chord having a bearing of South 83 degrees 09 minutes 44 seconds West and a length of 256.62 feet; thence Southwesterly 307.31 feet along an arc to the left having a radius of 605.00 feet and subtended by a long chord having a bearing of South 81 degrees 03 minutes 50 seconds West and a length of 304.02 feet to the West line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 43.31 feet along said west line; thence Northeasterly 310.49 feet along an arc to the right having a radius of 645.00 feet and subtended by a long chord having a bearing of North 81 degrees 49 minutes 31 seconds East and a length of 307.50 feet; thence Northeasterly 241.26 feet along an arc to the left having a radius of 555.00 feet Revised: 2 9 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 4 of 6 and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds East and a length of 239.37; thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet; thence Northeasterly 41.24 feet along an are to the left having a radius of 955.00 feet and subtended by a long chord having a bearing of North 69 degrees 28 minutes 18 seconds East and a length of 41.24 feet; thence North 68 degrees 14 minutes 04 seconds East 465.66 feet; thence Northeasterly 315.66 feet along an arc to the left having a radius of 355.00 feet and subtended by a long chord having a bearing of North 42 degrees 45 minutes 39 seconds East and a length of 305.37 feet; thence North 12 degrees 47 minutes 35 seconds East 75.33 feet; thence South 77 degrees 12 minutes 25 seconds East 41.07 feet to the point of beginning. ALSO EXCEPT (Parcel 1D): A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26, all in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of said Northwest Quarter thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence south 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land to the point of beginning of this description; thence continuing South 8 degrees 24 minutes 41 seconds East 298.23 feet along said East line to the Northwestern boundary of U.S. Highway 31; thence South 69 degrees 11 minutes 51 seconds West 38.68 feet along said Northwestern boundary; thence North 89 degrees 58 minutes 14 seconds West 105.95 feet along said Northwestern boundary; thence South 68 degrees 14 minutes 04 seconds West 312.57 feet along said Northwestern boundary; thence Northeasterly 430.76 feet along an arc to the left having a radius of 445.00 feet and subtended by a long chord having a bearing of North 40 degrees 30 minutes 12 seconds East and a length of 414.14 feet; thence North 12 degrees 46 minutes 20 seconds East 47.35 feet; thence South 77 degrees 12 minutes 25 seconds East 11.86 feet; thence North 55 degrees 54 minutes 38 seconds East 118.05 feet to the point of beginning. ALSO EXCEPT (Parcel 1E): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45 minutes 26 seconds West (bearing assumed) 57.70 feet along the North line of said Northeast Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 191.99 feet; thence North 77 degrees 12 minutes 25 seconds West 41.07 feet; thence North 12 degrees 46 minutes 20 seconds East 181.72 feet to the North lien of said Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds East 42.33 feet along said North line to the point of beginning. Revised: 2 9 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 5 of 6 ALSO EXCEPT (Parcel 1F): A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45 minutes 26 seconds West (bearing assumed) 6.17 feet along the North line of said Northeast Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 204.48 feet; thence North 77 degrees 12 minutes 25 seconds West 50.00 feet; thence North 12 degrees 46 minutes 20 seconds East 191.99 feet to the North line of said Northeast quarter; thence North 88 degrees 45 minutes 26 seconds East 51.53 feet along said North line to the point of beginning. ALSO EXCEPT (Parcel 1G): A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26, all in Township 18 North, Range 3 East; Hamilton County, Indiana, described as follows: Beginning at the Northwest corner of said Northwest Quarter; thence North 88 degrees 33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 11.86 feet; thence North 12 degrees 46 minutes 20 seconds East 204.48 feet to the North line of said Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds East 6.17 feet along said North line to the point of beginning. ALSO EXCEPT: Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of said Northeast quarter; thence South 89 degrees 01 minutes 25 seconds West along North line of said Northeast Quarter Section a distance of 100.03 feet; thence South 13 degrees 02 minutes 19 seconds West a distance of 46.38 feet to the point of beginning; thence continuing South 13 degrees 02 minutes 19 seconds West a distance of 86.04 feet; thence North 51 degrees 21 minutes 54 seconds West a distance of 130.93 feet; thence North 89 degrees 01 minutes 25 seconds East parallel to the North line of the Northeast Quarter of Section 26, a distance of 121.70 feet to the point of beginning. Revised: 2 9 5/25/12 Ordinance Z- Highpointe on Meridian PUD Ordinance Exhibit A Legal Description of Real Estate Page 6 of 6 ALSO EXCEPT: Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter of Section 26, Township 18 North, Range 3 East; thence on the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West (assumed bearing) a distance of 1005.89 feet to the point of beginning of the herein described real estate; thence south 01 degrees 24 minutes 37 seconds East 250.00 feet; thence parallel with the North line of said Quarter Section, North 88 degrees 35 minutes 23 seconds East 85.00 feet; thence South 01 degrees 24 minutes 37 seconds East 180.00 feet; thence parallel with the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 130.00 feet to the southeast corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument Number 9115494, Plat Cabinet 1, Slide 170 in the Office of the Recorder of said County; thence on the East line of said subdivision, North 01 degree 24 minutes 37 seconds West 430.00 feet to the Northeast corner of said subdivision, said corner being on the North line of said Northeast quarter Section; thence on the north line thereof, North 88 degrees 35 minutes 23 seconds East 45.00 feet to the point of beginning. ALSO EXCEPT: Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18 North, Range 03 East; thence on the North line thereof, North 88 degrees 35 minutes 23 seconds East (basis of bearing from Plat of Bentley Oaks), a distance of 1611.43 feet to the Northeast corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the Plat of which is recorded as Instrument Number 9115494 in the office of the Recorder of said County, said corner being the point of beginning of the herein described real estate; thence continuing on the North line of said Quarter Section North 88 degrees 35 minutes 23 seconds East 947.98 feet to a point on the Westerly right -of -way line of a proposed roundabout at the intersection of Oakridge Road, said point being on a non tangent curve concave Easterly; having a central angle of 27 degrees 47 minutes 51 seconds and a radius of 96.00 feet; thence Southerly and Southeasterly on and along said non tangent curve an arc distance of 46.90 feet (said arc being subtended by a long chord bearing South 15 degrees 38 minutes 20 seconds East 46.42 feet) to a non tangent line; thence on a line, which is parallel with and 45.00 feet by perpendicular measurement South of the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 959.39 feet to a point on the East line of aforesaid Bentley Oaks; thence on said East line, North 01 degrees 24 minutes 37 seconds West 45.00 feet to the point of beginning. Revised: 2 9 5/25/12 Revised: 2 9 5/25/12 EXHIBIT B HIGHPOINTE ON MERIDIAN PLANNED UNIT DEVELOPMENT ORDINANCE ORDINANCE Z- Preservation /Conservation Area