HomeMy WebLinkAboutAdditional Information,'Ic Y 11 LJT
Conn, An elina V
From: Conn, Angelina V
Sent: Wednesday, November 24, 2010 11 :39 AM
To: 'Dave Coots'
Cc: Mark Shegon, Hollibaugh, Mike P; 'John Molitor'
Subject: Barrington Park Place PUD proposed changes
Hi, Dave Just wanted to run by some preliminary review comments:
As Mike H. stated at our meeting a few days ago, we would like to see that drive at the southwest corner of the site stay,
for connectivity. Otherwise, I think most of the physical changes to the site can probably be reviewed as an
administrative ADLS Amendment with TAC review. The filing deadlines for TAC meetings are online, on the plan
commission calendar. However, we need more info on the parking area changes, square footage changes etc.. Perhaps
you can provide us with a memo listing all of the proposed changes to the approved DP /ADLS petition. That way we can
determine whether or not it is a Substantial Alteration, per the PUD, which involves a revision of 10% or more to the
approved plan.
And, as far as the unit mix goes, I think our hands are tied. The commitment you made to city council is so specific that
there is no wiggle room. You might want to touch base with the City Council president to see what he thinks of this new
proposed unit mix, and whether or not you would need to seek a commitment amendment approval from them. And as
far as the unit mix listed in the PUD text, I still need to touch base with Mike to see if we can even interpret the
proposed unit mix change as a non Substantial Alteration. The way the PUD is written, the unit mix is a Development
Requirement that the Director goes by when approving an alteration to a development plan.
Perhaps you can seek a development standards variance from the unit mix specified in the PUD, from the Board of
Zoning Appeals Hearing Officer,
OR if the City Council president deems it necessary that you do a commitment amendment, then you might as well do
the Ordinance Amendment too, to the PUD. We can help you with that timeline though, by asking the plan commission
to suspend its rules of procedure (if you do a 10 -day public notice) and also, ask them to suspend their rules to forward
the item on to council at the same meeting, rather than sending it to committee for further review.... We could get you
on the Dec. 14 plan commission meeting agenda, if you made public notice by Dec. 4...
Just some things to think about over this long Thanksgiving weekend!
Sincerely,
Angie Conn, Planning Administrator
City of Carmel Planning Zoning Division
Dept. of Community Services
1 Civic Square, 3rd Fir.
Carmel, IN 46032
0: 317 571 -2417 I F: 317 571 -2426 1 E: aconnCa�carmel.in.gov
W: c el i se• 'ce D• S DO.SDOPZ.htm
Please consider the environment before prints ng this e-mail
Unit Mix Matrix
Area of Modification
Independent Living
Assisted Living
AL Memory Support
Nursing
Total
The New Health Care "Social Model"
Previous Unit Mix Proposed Unit Mix ariance
171 141 (30)
44 56 12
18 26
30 38
8
8
263 261 (2)
While several levels of healthcare will be provided at The Barrington, it is important to
note that The Barrington will employ a "social model" of resident services delivery
throughout the entire continuum. The key feature of the social model is a hospitality
inspired approach to resident care in an elegant residential setting designed to meet the
specific needs of seniors. Additionally, all new Assisted Living Memory Support Units
and Nursing Units developed by Greystone now use, what is commonly referred to, as the
"Household" design concept. This concept maximizes the home like atmosphere by
placing 8 to 12 resident rooms adjacent to a more comfortable, small scale commons area
which features a living /family room and dining room with a country kitchen. The staffing
in a household unit is also typically higher than the conventional medical model thereby
providing a better quality of resident care.
By using this new social model Mayflower will ensure that the residents of the
Barrington's Health Care Center will enjoy amenities and programming at a level on par
with those enjoyed by the Independent Living residents. For example, Assisted Living
residents will have access to a fully dedicated common area with dining room, salon and
spa, auditorium, creative arts studio, library and a number of scheduled programs and
activities. Additionally, the Assisted Living resident units will have high quality finishes
such as granite countertops and crown molding and tile floors.
With regard to the Memory Support and Skilled Nursing Units, they are each designed
with a pair of small scale residential household style commons areas. By using this
configuration along with high end residential finishes and detailing the units take on the
look and feel of a typical home while minimizing the visual impact of code required
features such as the nurses or attendants stations, charting rooms and medicine carts. The
commons areas will include bathing spas, activities rooms, family rooms with home
entertainment centers, dining rooms and country kitchens, while the resident units will all
have private bathrooms with showers that feature barrier fee entries and grab bars, special
lighting, and an Emergency Response System. By combining state of the art design with
homelike finishes and increased staffing, the household model provides outstanding
service in a friendly, familiar, comfortable residential environment.
y p‘a PU Ecurrilt
2- 500 -0(
SPONSOR: Councilor Sharp
ORDINANCE
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA ESTABLISHING THE PARK PLACE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel /Clay Zoning Ordinance Z -289
"Carmel /Clay Zoning Ordinance provides for the establishment of a Planned Unit
Development District in accordance with the requirements of I.C. 36-7-4-1500 et seq.;
WHEREAS, the Carmel /Clay Plan Commission (the "Commission has given a
unanimous favorable recommendation to the ordinance set forth herein (the "Park Place
Ordinance which establishes the Park Place Planned Unit Development District (the
"District which shall also be referred to as the "Park Place Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council that (i) pursuant to IC §36 -7 -4 -1500 et seg., it adopts this Park
Place Ordinance, as an amendment to the Carmel /Clay Zoning Ordinance and it shall be in full
force and effect from and after its passage, (ii) all prior commitments shall be null (and void and
replaced and superseded by this Park Place Ordinance, and (iii) this Park Place Ordinance shall
be in full force and effect from and after its 'passage and signing by the Mayor.
Sect iion 1 Applica bility of Or dinance
1.1 Zoni_nQ The Official Zoning Map of the City of Carmel and Clay
Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to
designate the land described in Exhibit ib_A_• (the "Real Estate as a Planned Unit
Development District to be known as Park Place.
1.2 Develogment Development in the District shall be
Park Place Ordinance y
az governed
entirely b i the
provisions of this P
of the Carmel /Clay Zoning Ordinance specifically referenced e in t this Park Plac e
Ordinance. In the event of a conflict between this Park Place Ordinance and the
Carmel /Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Park
Place Ordinance shall apply.
1.3 Capitalized Terms Any capitalized term not defined herein shall have the
meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of
the enactment of this Park Place Ordinance.
Section 2 Permitted Primary Uses.
The Park Place Ordinance is intended to permit a full service lifecare retirement
community that shall provide independent retirement living, assisted living, and nursing
care. Permitted uses shall include, Nursing/Retirement /Convalescent Facility
"Assisted Living Facility", "Clinic or Medical Health Center and "Hospice" as the same
are defined in the Carmel /Clay Zoning Ordinance. However, in connection with the
foregoing uses, full time -twenty four (24) hour medical staff and medical facilities shall
be permitted to provide full diagnosis, treatment, and therapy of all medical and health
care issues, as well as on -site restaurant facilities to serve the residents and their guests.
Section 3 Accessory Buildings and Uses.
All Accessory Structures and Accessory Uses shall be permitted except that any detached
accessory building shown on any development plan shall have on all sides the same
architectural features or shall be architecturally compatible with the principal building(s)
with which it is associated. A temporary on -site sales office and /or sales trailer shall be
permitted.
Section 4 Communication Equipment.
Cell towers shall not be permitted. Personal satellite dishes to provide service to the
residents shall be permitted, so long as they do not exceed twenty four (24) inches in
diameter.
Section 5 Height, Area and Development Requirements
5.1 Height and Area Requirements
5.1(a) The maximum Building Height shall be fifty -five (55) feet.
5.1(b) The minimum front yard Set Back shall be sixty (60) feet from the
perimeter boundary line of the Real Estate contiguous with Guilford Road.
5.1(c) The minimum side yard Set Back adjacent to the northern and eastern
property line of the Real Estate shall be seventy five (75) feet and the minimum
side yard Set Back adjacent to the southern property line of the Real Estate shall
be fifty (50) feet.
5.1(d) The maximum Parcel Coverage shall be twenty -five percent (25
5.1(e) There shall be a maximum of one hundred ninety five (195) independent
residential living units, twenty (20) assisting living units, and twenty-eight
(28) nursing care units.
5.2 Conte tual buildin renderin and elevations Attached hereto and incorporated
herein by reference as Exhibit ibit "C are conceptual building images of the proposed
building that may be constructed upon the Real Estate. The building to be
constructed upon the Real Estate shall consist of primary building materials,
including but not limited to, Masonry, brick, cast stone, stone, stucco, or fiber
cement board, or the equivalent thereof. Any fiber- cement board that is installed
shall be installed by a certified installer. Secondary building materials shall
include, but not be limited to, wood, simulated wood, cement plaster, or the
equivalents thereof. The main roof shapes shall have a minimum slope of twelve
(12) horizontal to six (6) ertical.
The final development of the building depicted
on Exhibit ibiit shall be subject to further ADLS review and approval.
Section 6 Parking Requirements
6.1 Parking Requirements
6 —A) Each independent residential living unit shall have one and four tenths
(1.4) covered garage spaces or on -grade parking stalls on site.
_6,1_02) Each assisted living unit shall have one (1) on -site parking space per unit
and every four (4) nursing beds shall have one (1) on -site parking stall.
IALIn addition to the above parking spaces, there shall also be a minimum of
seventy five (75) additional on site parking spaces for visitors and staff to
serve the site.
6 �d,) There shall be a minimum of eight (8) handicapped parking spaces to
serve the site.
6.2 13icvcle Racks
6 a) A minimum of two (2) and a maximum of four (4) bicycle racks shall
be Located around the building perimeter and each individual bicycle
rack shall accommodate between four (4) to six (6) individual bicycles.
Said bicycle racks shall conform to the design standards and
requirements regarding the same in the Zoning Ordinance.
Sects_ Landscaping Requirements
The landscaping in the PUD District shall be designed to compliment the architecture residential and commercial buildings. Street trees, streetscape plantings, and b e of
areas shall be used to bring natural elements to the design offer
Carmel Urban Forester. p attern, in consult ation with the
7.1 General Landscaping Standards. Landscaping shall be integrated with
other functional and ornamental site design elements, where appropriate, such as
hardscape materials, paths, sidewalks, fencing, or any water features.
Plantings along buildings and streets should be designed with repetition,
structured patterns, and complementary textures and colors, and should reinforce
the overall character of the area. Alternative or pervious paving material may be
considered, or alternative planting media shall be considered, for the urban areas
where planting space is limited by restrictions such as buildings, asphalt or
concrete paving, parking lots, etc.
All trees, shrubs and ground covers shall be planted according to American
Standard for Nursery Stock (ANSI Z60.1), and following the standards and best
management practices (BMPs) published by the City's Department of Community
Services Urban Forestry Section. Landscaping materials shall be appropriate to
local growing and climatic conditions. Plant suitability, maintenance and
compatibility with site construction features are critical factors that should be
considered.
Shade trees shall be at least 2.5" in caliper diameter when planted. Ornamental
trees shall be at least 1.5" caliper diameter when planted. Evergreen trees shall be
6'in height when planted. Shrubs shall be at least 18" in height when planted.
Ornamental grasses shall obtain a mature height of at least 3'.
The Developer shall conserve existing established trees identified on the
Conceptual Landscape Plan and Tree Preservation Plan, which is attached hereto
and incorporated herein by reference as Exhibit "D however, said trees may be
removed under any of the following circumstances:
As is necessary to clear dead trees;
As is necessary for the installation of access easements, rights -of -way,
streets, paths, sidewalks, utilities and drainage improvements,
infrastructure; and
As necessary for public health and safety as determined in cooperation
with the Urban Forester.
Existing vegetation may be used to achieve project landscaping requirements if
(a) the vegetation located on subject parcel is of suitable quality and health, and
(b) the vegetation is proposed to be preserved using accepted best management
practices for tree protection during construction.
7.2 Maintenance
It shall be the responsibility of the owners and their agents to insure proper
maintenance of project landscaping in accordance with the Park Place Ordinance
and best management practice standards. This is to include, but is not limited to,
watering, mowing, tree trimming, planting, maintenance contracting, irrigation
5
and mulching of planting areas, replacing dead, diseased, or overgrown plantings
with identical varieties or a suitable substitute, and keeping the area free of refuse,
debris, rank vegetation and weeds.
7.3 Building Base Landscanine Standards
Building base landscaping shall be provided at the base of all building elevations
that do not directly abut planted hardscapes to soften the architectural lines of
buildings, frame the primary views to buildings and public spaces, and blend
architectural designs with the landscape. Building landscaping shall be designed
to appropriately complement a 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. Building base landscaping may help fulfill bufferyard requirements
where applicable.
Primary area building base landscaping shall contain a minimum of 2 shade trees,
1 ornamental tree, and 9 shrubs per 100 linear feet of building perimeter. Shrubs,
ornamental grasses, or other alternate landscaping techniques may be used to
fulfill the building base landscaping requirements if approved by the Department.
If building base landscaping cannot be installed due to a building's proximity to a
sidewalk, path, street, right-of-way, or easement then landscaping may be
installed elsewhere on the site to fulfill the building base landscaping
requirements. Appropriate alternate locations include, but are not limited to:
interior courtyards, sidevvallcs (as additional street trees), parking lots, alleys, etc.
In addition, where facades abut the public right -of -way and/or sidewalks span the
entire frontage, planting islands may be created within the right -of -way and street
trees can help fulfill this requirement.
Deciduous trees should be planted in locations to the south and west of building to
allow for shade in summer months and greater sun exposure in the winter months.
Evergreen trees should be used as windbreaks to buffer northwest winds.
7.4 Street Trees.
Medium or large growing shade trees shall be planted adjacent to the street right
of -way, parallel to each street, in planting clusters. As per City Standards, there
will be a minimum of 25 street trees planted along the Guilford Road frontage. In
areas of high pedestrian and commercial activity, tree wells shall be covered with
decorative grates or pavers in order to maximize uninterrupted pedestrian
pathways. Where ample passage area is provided, tree planting areas shall be
treated as planting beds to soften the hardscape.
As per City standards, no street trees shall be planted in conflict with drainage or
utility easements or structures, underground detention (unless so designed for that
purpose), or within traffic vision safety clearances. However, where the logical
location of proposed utilities would compromise the desired effect, the Developer
may solicit the aid of the Urban Forester in mediating cost effective solutions.
Street tree species shall be selected from the City's published list of recommended
street trees. Street trees shall be pruned to a height of eight (8) feet minimum over
sidewalks and twelve (12) feet minimum over streets, to allow free passage.
7.5 Perimeter Planting and Bufferyard Requirements
Perimeter landscaping along the property lines shall be provided in the form of
either (a) landscaping per the requirements of the conceptual landscape plan for
Park Place CCRC or (b) street trees for portions of the perimeter which abut
other existing public right -of -way or where a public right -of -way is created via a
proposed road, or (c) existing landscaping which meets the health and quality
requirements found in Carmel Clay Land Use Regulations Section 26.04. Any
street trees used to meet perimeter landscape requirements shall meet all other
standards provided in this Section 7.4.
Bufferyards shall be planted at the time of construction of the buildings. Trees
shall be planted at intervals no less than twenty (20) feet, nor more than thirty (30)
feet. Shrubbery may be planted informally or in rows and shall screen parking
areas, outside storage areas, loading berths, trash and refuse containers, and so
forth from view.
7.6 Parking Lot Landscaping.
Where parking lots are visible, the following requirements shall apply:
7.6 (a) Lot interior. Minimum of one (1) shade tree per nine (9) parking spaces,
with a minimum of four hundred square feet (400 SF) of useable soil
volume being provided for each two (2) trees. Planting areas shall be
evenly dispersed throughout the parking area;
7.6 (b). Lot Perimeter. A minimuni five foot (5') wide perimeter planting strip
shall be provided on all sides of lot (except where parking spaces abut
curb -to- building sidewalk) including four (4) shade trees and twenty-five
(25) shrubs and/or ornamental grasses per one hundred lineal feet (100LF)
of strip. Perimeter planting may occupy the same space as a required
bufferyard and may contribute towards Perimeter Bufferyard
Requirements.
7.6 (c) Pedestrian Corridors For any pedestrian corridors, where adequate space
exists, trees, shrubs and groundcover shall be planted.
7
Section 8 Plath_ng
The platting of the Real Estate into smaller tracts shall be permitted administratively, so
long as the proposed plat complies with the area requirements set forth hereinabove in
Sections 5, 6, and 7, and the creation of a new property lines within the Real Estate shall
not impose or establish new development standards beyond those specified above in
Sections 5, 6, and 7, for the entirety of the Real Estate. However, the development of any
parcel shall conform to the requirements of Section 12 below, and all other applicable
requirements contained in this Park Place Ordinance.
Section 9 Lighti Requ irements
9.1 Lighti l iReauiremP
9.1(a) Lighting shall be in accordance with the lighting standards and
requirements as the same are set forth in the CarmeUClay Zoning
Ordinance.
9_ jj2) The maximum height of light standards in parking areas shall not exceed
twenty (20) feet. When light standards abut or fall within ninety (90) feet
of single family residence, their height shall not exceed fifteen (15) feet.
9. Parking area lighting and street lighting shall be of uniform design and
materials.
91/d) Exterior lighting shall be architecturally integrated with the building style,
material and color. Rooftop lighting shall be prohibited.
2.1.1e) Exterior lighting of the building or site shall be designed so that light is
not directed off the site and the light source is shielded from direct offsite
viewing. For any use, illumination levels shall not exceed 0.5 footcandle at
the property line.
Section 10 Signage
10.1 Ground /Entrywa
AM Type: One (1) Ground/Entryway Sign shall be permitted per
entrance to the site. The building materials and design for an y
t
Ground/Entryway signs should be compatible and consistent with the
building materials and design of the adjacent buildings and structures.
10.1 maximum Sien Area
Thirty (30) square feet each.
10,1(p)Illumination of Si n; External.
10.1 _d)Sien Permit: Required.
10.1(e) Fees: Required.
10.2 Wall Signs and Other Signage. Wall signage and other types of site signage
shall be permitted, but shall be subject to the requirements and standards
governing the same pursuant to the Carmel /Clay Sign Ordinance.
Section 11 Mechanical Equipment
Any mechanical equipment visible from an adjoining public street shall be
screened with suitable landscaping or fencing in general architectural
compatibility with the building(s) with which it is associated. Fencing materials
may include brick, stone and other attractive masonry screening materials. To
the extent practicable, mechanical equipment should be placed on the roof and
screened by the parapet.
Section 12 Approval Process
12.1 Nature of Development Requirements. The development requirements set forth in
this Park Place Ordinance are in accordance with the requirements of I.C. 36 -7 -4-
1500 et seq. and are expressed in detailed terms as provided under I.C. 36 -7 -4-
1509(a)(2). Further, as permitted under I.C. 36- 7- 4- 1509(e), he approval process
contained in this Section 12 shall be adhered to in order to obtain an improvement
location permit.
12.2 Approval or Denial of the Primary Plat/Development Plan.
12.2(a) Exhibit "B which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP However, the CP
does not constitute the approved development plan and primary plat for
the Real Estate, nor does it constitute the approved architecture, design,
lighting and landscaping for the Real Estate. The buildings, landscaping,
and other associated improvements, considered in connection with the
Park Place Ordinance shall require further (i) ADLS approval and (ii)
development plan/primary plat approval. The Secondary Plat and Final
Development Plan approval procedures are set forth below in this Section
12. If there is a Substantial Alteration in the approved ADLS and
development plan/primary plat, review and approval of the amended plans
shall be made by the Commission, or a Committee thereof, pursuant to the
Commission's rules of procedure. Minor Alterations may be approved by
the Director.
12.2(b)The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Secondary
Plat (the "SP and the Final Development Plan "FDP for the Park
Place Ordinance; provided, however, that the Director shall not
unreasonably withhold or delay the Director's approval of the SP and/or
FDP that is in substantial conformance with the development plan/primary
9
10
44- 0810
plat and is in conformance with the Development Requirements of this
Park Place Ordinance. If the Director disapproves any SP or FDP, the
Director shall set forth in writing the basis for the disapproval and
schedule the request for approval of the SP and FDP for a hearing before
the full Plan Commission.
An amendment to the SP or FDP, which is not determined by the Director
to be a Substantial Alternation or Material Alteration from the approved
eveloprnent plan/ rime
P ry plat, may be reviewed and approved solely by
the Director. However, in the event the Director determines that there has
been a Substantial Alteration or Material Alteration between the approved
development plan/primary plat and any proposed SP or FDP, the Director
may, at the Director's discretion, refer the amended SP or FDP to the
Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
The SP and FDP shall be a specific plan for the development of all or a
portion of the Real Estate that is submitted for approval to the Director,
which shall include reasonable detail regarding the facility and structures
to be constructed, as well as drainage, erosion control, utilities, and
building information.
Section 13 Definitions and Rules of Construction
13.1 General Rules of Construction. The following general rules of construction and
definitions shall apply to the regulations of this Ordinance:
1 a)The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
13.1 _1 Words used in the present tense include the past and future tenses, and the
future the present.
1 3•_l(c)The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
13.2 Definitions
A. ADLS: Architecture, design, lighting, landscaping and signage.
B. Accesso Structure: A structure subordinate to a building or use located
on the Real Estate that is not used for permanent human occupancy.
C. Accessory Use: A use subordinate to the main use, located on the Real
Estate or in the same building as the main use, and incidental to the main
use.
1D�
013 £f
l,.i t w�ty
10l
r
F
4
D. Building Height: The vertical distance from the lot ground level to the
highest point of the roof for a flat roof, to the deck line of a mansard roof
and the mean height between eaves and ridges for gable, hip and gambrel
roofs.
E. City: The City of Carmel, Indiana.
F. Commission: The Carmel/Clay Plan Commission.
G. Conceptual Plan. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations and is depicted on Exhibit
"B which is attached hereto and incorporated herein by reference.
H. Council: The City Council of the City of Carmel, Indiana..
I. County: Hamilton County, Indiana.
J. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
K. Developer. Guilford Partners, LLC and its successors and assigns.
L. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
M. Final Development Plan. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes landscaping,
parking, drainage, signage, lighting and building information for the site.
N. Masonry: Masonry shall include brick, cast stone, stone or the equivalents
thereof.
0. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
Minor Alteration: Any change to an approved plan of any type that
involves the revision of less than ten percent (10 of the plan's total area
or approved materials.
Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (18)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
R. Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A
S. Right -of -Way: An area of land permanently dedicated to provide light, air
and access.
T. Secondary 'Plat A specific plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan review includes general landscaping, parking,
drainage, erosion control, signage, lighting, screening and building
information for the site.
Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, sidewalks, parking lot areas, and the
perimeter boundary of the Real Estate. For purposes of determining Set
Back, the perimeter boundary of the Real Estate (i) shall always mean and
refer to the outside perimeter boundary line of the Real Estate and
(ii) shall not be changed or reduced by reason of the platting or
subdivision of the Real Estate into smaller parcels.
V. Sin: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel -Clay Township, Ordinance Z -196, as
amended.
Section 14 Violations
Substantial Alteration: Any change to an approved plan of any type that
involves the revision of ten percent (10 or more of the plan's total area
or approved materials; however, the ten percent (10 revision calculation
shall be not be calculated and/or based on a continuing basis.
All violations of this Park Place Ordinance shall be subject to Section 34.0 of the
Carmel /Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this 1 q of
2007, by a vote of (.n ayes and 1 nays. y
12
COMMON COUNCIL FOR THE CITY OF CARMEL
siding Officer
4 04!x%
s .1. C. Griffiths, ident Pro Tempore
nald E. Carter
rick J. G
ATTEST:
Diana L. Cordray, IAMC, Cler 4easurer
ATT,BST:
Diana L. Cordray, IAMC, Clerk (f easurer
Brian D. Mayo
o e osED
Mark Rattermann
Richard L. Sharp
2007, at 7 0 Q o'clock to .M.
e s Brainar d, Mayor
Presented by me to the Mayor of the City of Carmel, Indiana the 1.1 day of
Diana L. Cordray, IAMC, Clerk Tree rer
Approved by me, Mayor of the City of Carmel, Indiana, this 1 g day of
2007, at `7 0 o'clock P .M.
This Instrument prepared by: Janes E. Shinaver
NELSON FRANKENBERGER
3021 East 98 Street, Suite 220
Indianapolis, IN 46280
This Instrument reviewed by: Wayne Beverage
WLB Associates, Inc.
16656 Brownstone Court
Westfield, In. 46074
EXHIBIT "A"
Legal Descrintion
LEGAL DESCRIPTION
Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section 36,
Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to wit
Commencing at a 5/8 inch rebar marking the Northeast comer of the West half of the Southwest quarter of
Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00
feet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 771.40
feet to a mag nail and the true point of beginning of the real estate herein described; thence North 89 degrees
39 minutes 43 seconds East 727.76 feet to a 5/8 inch rebar on the East line of the West half of the East half of
said Southwest quarter, thence South 00 degrees 14 minutes 34 seconds East 1182.55 feet with said East line
to a 518 inch mbar, thence South 89 degrees 22 minutes 51 seconds West 504.50 Poet to a 5/8 inch rebar;
thence North 67 degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10
minutes 31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less.
Subject to all rights-off-way and pertinent easements of record
H+Wr.J%Z.M I Kcal YAW, Matters\WLDH:oURerd PWesers CarmeIW UD Clan I IO20idae
15
Re: Park Place
ENVIRONMENTAL STATEMENT
The developer has addressed a number of environmental matters that should
enhance the project, including the following:
Wetlands: A study was performed by Williams Creek wherein specific
wetlands on the site were identified. This report was presented to the Corps
of Engineers and IDEM. The Corps responded with their confirmation of
the findings and a determination letter as to who has authority on this site
which turned out to be part Corps and part IDEM. Either the existing
wetlands will be mitigated offsite or incorporated into the final site plan in
whole or in part.
Tree Preservation Plan: Existing trees on the site have been identified that
are included in a definitive report showing how they will be preserved in the
final•plan.
Permeable Paving: This environmentally friendly material will be used at
some of the entry ways. Permeable paving is a pavement system that allows
stormwater runoff to infiltrate through a porous pavement surface and into
the aggregate subbase material reducing the amount of runoff released from
the developed site and providing water quality benefits through removal of
suspended solids and other pollutants.
Irrigation with Storm Water: Based upon groundwater levels and
retention pond recharge capabilities, the potential for the use of stornwater
for irrigation of on -site landscape and lawn areas will be assessed.
Bio swales: The site will be evaluated for the potential to incorporate bio-
swales into the design of the stormwater management system to provide
water quality benefits. Bio- swales are natural, vegetated depressional areas
that rely on filtration of runoff by surface plants and infiltration of runoff
into underlying permeable soils for the removal of suspended solids and
other pollutants that are harmful to downstream ecosystems and aquatic life.
i
i
Building Materials: Today there have been many advances in building
materials and systems that are more energy efficient and environmentally
friendly. Such things as increased insulation, Low E windows, tankless
electric water heaters, ThennoShield inspections etc. We will incorporate as
many of these items as practical into the design of the building once we are
in that phase.
Garden Plots: The developer has included areas on the conceptual site map
for garden plots. These garden plots are designed to allow residents of this
community to engage in small scale gardening endeavors which should add
a pleasant aesthetic touch to the project and also allow residents to
participate in their gardening hobby.
Cross References: (last deed of record)
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
In accordance with I.C. 36-7-4-1512(aX3) and 36-7 -4 -615, Guilford Partners, LLC, an
Indiana limited liability company, (hereafter referred to as "Guilford is the owner of real estate
located in Carmel, Hamilton County, Indiana, which real estate is described on Exhibit A
attached hereto and made a part hereof (hereafter referred to as the "Real Estate and makes the
following commitments (hereafter referred to as the Commitments concerning the use and
development of the Real Estate as the Park Place retirement community to the City of Carmel
Common Council (hereafter referred to as the "Council for Park Place Planned Unit
Development Ordinance.
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Ordinance No. Z- 500 -06, the Park Place Planned Unit Development Ordinance,
approved by the Council on 2007 (hereafter referred to as the "Park.Place PUD
Section 2. Exhibits. The following exhibits are attached hereto and incorporated herein by
reference:
Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the Real Estate; and,
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and the definitions below shall apply throughout these Commitments.
1. Owner. The term "Owner" shall mean and refer to Guilford and its successors and
assigns.
2. Story or Stories. The term "Story or Stories" shall mean and refer to that part of the
building comprised between the level of one finished floor and the level of the next
higher finished floor.
Section 4. Commitments. The Owner agrees and commits to the following:
1: That the building to be constructed upon the Real Estate shall not exceed three (3)
Stories in height.
2. That the maximum number of independent living units to be constructed upon the
Real Estate shall not exceed one hundred and ninety one (191), the maximum number
of assisted living units to be constructed upon the Real Estate shall not exceed twenty
(20) and the maximum number of nursing care units to be constructed upon the Real
Estate shall not exceed twenty eight (28).
Section 5. Binding on Successors. These Commitments are binding on the Owner of the
Real Estate and each subsequent owner of the Real Estate, and each other person acquiring an
interest in the Real Estate, unless modified or terminated by the Council. These Commitments
may be modified or terminated only by a decision of the Council after a public hearing wherein
notice as provided by the rules of the Council has been made. The provisions of this paragraph 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from the Park Place Planned Unit Development District pursuant
to Ordinance No. Z- 500 -06, to another zoning classification
Sec ti o 6. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
1. The adoption of the Park Place PUD Ordinance, Ordinance No. Z- 500-06, by the
Council;
2. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Park Place PUD classification pursuant to Ordinance NO2-
500-06, as evidenced by the issuance of a building permit and improvement location
permit, or their equivalent, for such development.
Section 7. Recording. The undersigned hereby authorizes the Clerk Treasurer of the City
of Caramel to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
,Section 8. Enforcement. These Commitments may be enforced by the Council and any
property owner within or immediately adjacent to the Real Estate.
2
IN WITNESS 'WHEREOF, the Owner has caused these Commitments to be executed as of the
date written below.
My Commission Expires:
Residing in County
Brudtzoning /winluuima►oowncilcommla cntsO20207
By: Guilford Partners, LLC, an Indiana limited liability company
By:
(name) (title)
STATE OF INDIANA
SS:
COUNTY OF
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared (name) (title) on behalf of
Guilford Partners, LLC, an Indiana limited liability company, who aclmowledged the execution
of the foregoing Declaration for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this day of 2007.
Notary Public
Printed Name
Prepared By: James E. Shinaver, Nelson Frankenberger, 3105 East 98 Street, Suite 170,
Indianapolis, IN 46280.
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. James E. Shinaver
3
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF GUILFORD PARTNERS, LLC
TO REZONE PROPERTY LOCATED
NORTH OF 116 STREET ON THE EAST SIDE OF GUILFORD ROAD
PURSUANT TO INDIANA CODE 36 -7-4 -605
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 06080036
PUD) of Guilford Partners LLC, petitioning the Commission for a favorable recommendation to rezone
19.55 acres located at north of 116` Street on the East side of Guilford Road from R1 /Residential to
PUD/Planned Unit Development to provide for the development of a continuing care residential center.
The Cannel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on November 21, 2006, the Carmel Plan Commission voted ten (10) In
Favor, zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z- 500 -06 with a
Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7
4-608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of this Certification (December 4, 2006) is Saturday, March
3, 2007.
AT r ST:
mom, I mica ccretary
armel Plan Commission
Dated: December 4, 2006
200(- 1204,'Z- 500 -06 PARK PLACE PUI) CERTIFICATION
ORDINANCE No. Z- 500 -06
CARMEL LAN COMMISSION
B
Leo Dierckman, President
Received
DEC 4 2006
Carmel
Clerk Treasurer
7 day o
nays.
ORDINANCE NO. Z-548-11
AS AMENDED
Section I Ordinance Z-500 06, Section 5. (e is amended as follows:
"5.1(e) There shall be a maximum of 141 independent residential
living units, 56 assisted living units, 26 assisted living memory
support units and 38 nursing care units. The individual unit types
may be modified up to 10% so long as the total number of units
does not exceed 261 units."
Sponsors: Councilor Sharp
Councilor Rider
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARNIEL, INDIANA
AMENDING ORDINANCE Z-500-06 AS AMENDED BY ORDINANCE Z-521-08
AND Z-526-09
WHEREAS, pursuant to LC. 36-7-4-1500, 0. seq., the Common Council of the City of
Carmel, Indiana (the "Council") adopted Ordinance Z-500-06 establishing the Park Place
Planned Unit Development District (the "Park Place Ordinance"); and
EREAS, the Council adopted Ordinance Z-521-08, amending Ordinance Z-500-06 by
adding Parcels 2 and 3 to the Park Place Ordinance; and
WHEREAS, Mayflower Communities, Inc. ("Mayflower"), owner of the real estate
described in Exhibit A attached hereto, has petitioned the Council to amend Ordinance Z-500-06
as amended by Ordinance Z-521-08 and Z-526-09, modifying the unit mix contained in Section
5.1(e) of the Park Place Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, hidiana, as fol lows:
„Section2. Alt prior Ordinances or parts thereof inconsistent with any provision of
this Ordinance are hereby repealed.
Section 3. This Ordinance shall be in full force trid effect froin and after its passagc
and signing by the Mayor.
PASSED by the Common Council of the City of Carmel, Indiana, this
2011, by a vote of 6 ayes and
ticker
Jos Griffiths
iding Officer
W. Eric Seide
49211
/4.hri V. Accetturo
Nor -peasE
Ronald E. Carter
ATTEST:
Diana 1.. Cordra
COMMON C9UNCIL FOR THE CITY OF CA
Treasurer
d
C. Clerk-Trea
Kevin D. Rider
i\1 7 PResENT
Richard L. Sharp
4-4K-
Z-548-11 Presented to me by t e Mayor of the City of Carmel, Indiana, this I day
of My a% 2011, at St: aa .M.
Z-548-11 Approved by me, Mayor of the City of Carmel, Indiana, this 1 1 day of
2011, at -P .M.
James Brainard, Mayor
Diana L. Cordray, IAIvfC, Clerk-Trea ircr
Prepared by: b. Davis Coots, Coots/Henke Wheeler, P.C., 255 E. Cannel Drive, Carmel,
Indiana 46032 (317) 844-4693
KI:LECOGREYSTONE120101REDLINED REVISIONS\ORDINANCE.2.2 I.N,pd\ 17940
Sponsors: Councilor Sharp
Councilor Rider
AMENDED SECOND PETITION TO IFY
K`������� THE DEVELOPMENT CONCERNING USE AND ~�m�]�]��K KV8/REA][ ESTATE
Mayflower Communities, Development Inc. (hereinafter interest successor in�oc�m to Guilford
Partners, LlC(bcceua�er"[h )�/f�r�",ov/omrum|
iuCarmel, Bao�()tonC000ty,{udiuno the
legal de scription of��hb]hiued�ched�horc1ous2xb/hit'A` (the "Real Estate") and petitions the
L�m���)�������i�d�m(�"Cu iy���� certain
Couccooiogthe Use and Z)uve'�xn t [Dcu|� n Estate attached �och�dhc r�bousEshibd"B°cxocotedunor
about March 9, 2007.
Section 4(2) establishes the maximum nuD`be, and unit mix of units to be constructed as
"That the maximum number of independent living units to be
constructed upon the real estate shall not exccccj }9l, the maximum
nurnber ofassisted living units to be constructed upon the real estate
shall not exceed 20 and the maximum number of nursing care units
to he consructed upon the real estate shall not exceed 2&"
The total number nf units contained in the Commitments is 239.
independent the COol��i(mneo\sioSeC�0n4(2)to provide a/n8%innumnoWubernf|7}
mdepenJen(rcxidcnbu|living uni&44 assisted lninguodo' l assisted living memory support units
and 30 nursing care units fo nn
a uobecof units contained io the Commitments tohe203 yuch
an�enUmcnl approved bvthe Carmel Plan Comrnisuiooand Carmel City �ouncUnf��tiv�y�u b2
2009. �u
.��urflUv�crunckn0nau�cr u the unit cnixioSeciiun4\
/2
k`pn/vk]eun�uxicou/0000�bcrof|4| independent residential living �nnj��5�oas���}i�-
26 n«co and d 38 nursing units,
with oors�ng uare units for total number of units contained living
the
Lon)no/bncnLviobc26l.��bdbcabU ii} (uuJ�uviihoindividuu|uuit types by 10% so
the tota number not exceed 261 units.
*v lo of Real Estate not amended hy this Petition shall remain in full force and effect and tirunodified.
ng
the Use and Developrnent
Respectfully submitted,
MAYFLOWER COMMUNITIES, INC.
By:
E. Davis Coots, #3367 -29
Its Attorneys
E. Davis Coots
Coots Henke Wheeler, P.C.
255 E. Carmel Drive
Carmel, IN 46032
(317) 844 -4693
dcoots(D.chwlaw.com
M :1EDCCCiREYSTONE'•26IOtREULINED KEVISIONSISF.COND PETITION TO MODIFY COMMITMENTS 2 25 11.wpd117'14U
EXHIBIT "A"
LEGAL DESCRIPTION: Parcel 1
Situate in the State of Indiana. County of Hamilton and being a part of the Southwest quarter of
Section 36, Township 18 North, Range 3 East of the Second Principal Meridian. more p articul ar described to wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest
quarter of Section 36. Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14
seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10
minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate
herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch
rcbar on the East line of the West half o r the East half of said Southwest quarter; thence South 00
degrees 14 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch rcbar; thence
South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67
degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes
31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less.
Subject to a]1 rights-of-way and pertinent easements of record.
Cross References: (last decdoF record)
Section
by reference:
Sponsors: Councilor Sharp
Councilor Rider
AMENDED SECOND AMENDED COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
lu accordance with l.C.36-7-4-i5l2(»)(3) and 36-7-4-6l5, Mayflower Communities, Ioc.
successor in interest to Guilford Partners, ,un Indiana limited liability company, (hereafter
"Mayflower" is the ovvoorofreal estate located in Carmel, Hamilton County, Indiana, which real
estate iudco ibcdooExb)bit A attached hcreioand cuaJe*pud hereof (hereafter referred touathe
"Real Estate"), i (hereafter referred and makes �c�cn nr rc
conce the use and development of the Real Estate as the Park Place retirement community to
the City ofC Common Council (hereafter referred to as the "Council") for Park Place Planned
Unit Development Ordinance.
Section 1. Cross Reference. These Comrnitments are made in connection with approvals
obtained under Ordinance No. Z'500-06, the Park Place Planned Unit Development Ordinance,
approved by the Council on February 19, 2007 (hereafter referred to as the "Park Place PUD").
Exhibits. The following exhibits are attached hereto and incorporated herein
Exhibit "A". Attached hereto and incorporated herein by reference
Exhibit "A" is the lega of the Real Estate; and,
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and the definitions be!ow shall apply throughout these Commitments.
1. Owner. The term "Owner" shall mean and refer to Mayflower and its successors and
assigns.
2. Story or Stories. The term "Story or Stories" shall mean and refer to that ��part 0fthe
[h level y finished �nocandtb�|cv�{m[�hcoxxi��herfiniahed w
hui1dio�oonop�oc���(w�co c �vc ()lone highe
Section 4. CoinmitinenlS The Owner agrees and cornmits to the fouowing:
That the building to be constructed upon the Real Estate shall not exceed three 3)
Stories in height.
2 That the maximum number of independent living units to be constructed upon the
Real Estate shall not exceed 141 independent residential living units, 56 assisted
living units, 26 assisted living memory support units and 38 nursing care units. The
individual unit types may be adjusted by Mayflower up to 10% of the unit mix so
long as the total number of units does not exceed 261 units.
Section 5. Binding on Successors. These Commitments are binding on the Owner of
the Real Estate and each subsequent owner of the Real Estate, and each other person acquiring an
interest in the Real Estate, unless modified or terminated by the Council. These Commitments may
be modified or terminated only by a decision of the Council after a public hearing wherein notice as
provided by the rules of the Council has been made. The provisions of this paragraph 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from the Park Place Planned Unit Development District pursuant to
Ordinance No. Z-500-06, to another zoning classification.
Section 6. Effective Date. 'The Commitments contained herein shall be effective upon
the occurrence of all of the following events:
1. The adoption of the Park Place PUD Ordinance Amendment, Ordinance No.
Z -548 -1 1, by the Council; and
The commencement of the development of the Real Estate in accordance with the
assignment of the requested Park Place PUD classification pursuant to Ordinance No.
Z-548-11, as evidenced by the issuance of a building permit and improvemen;
location permit, or their equivalent, for such development.
Section 7. Recordin_g. The undersigned hereby authorizes the Clerk Treasurer of the
City of Carmel to record these Commitments in the Office. of the Recorder of Hamilton County,
Indiana.
Section 8. Enforcement. These Commitments may be enforced by the Council and any
property owner within or immediately adjacent to the Real Estate.
z, 11■2 i giTNESS WHEREOF, the Owner has caused these Commitments to he executed as of
the ay of fa-4 2011.
MAYFLOWER COM IT1ES, INC.,
successor in interest to Guilford Partners, LLC,
an Indian limited liability company
A
'11
E. 5 &,e) 7
(Name)
/1
(Title)
STATE OF INDIANA
COUNTY OF HAMILTON
My Commission Expires:
SS:
Before me the undersigned. a Notary Public in and for said County and State, personally
appeared E. Davis Coots (name) attorney (title) on behalf of Mayflower Communities, Inc.,
successor in interest to Guilford Partners, LLC, an Indiana limited liability company, who
acknowledged the execution of the foregoing Declaration for and on behalf of said limited liability
company.
Witness my hand and Notarial Seal this day of 4a-b 2011.
Residing i
.IFNNIFER J. COULON
awl.% Hamilton County
1..k. My Commission Expires
211. No4n0AI1 2017
PO: I EDO.GREYSIONEVDIOSREDLiNED Rfivil3ioNscommiimEKrs 25 I
0
ary PubliN
Printed Name
Prepared By: E. Davis Coots, Coots Henke Wheeler, P.C..,
255 E. Carmel Drive; Carmel, 1N 46032
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. E. Davis Coots
EXHIBIT "A"
LEGAL DESCRIPTION: Parcel 1
Situate in the State of Indiana. County of Hamilton and being a part of the Southwest quarter of
Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, more particularly
described to wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest
quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14
seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees 10
minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate
herein described; thence North 89 degrees 39 minutes 43 seconds East 727.76 feet to a 5/8 inch
rebar on the East line of the West half of the East half of said Southwest quarter; thence South 00
degrees 14 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch rebar; thence
South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67
degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes
31 seconds West 1088.40 feet to the point of beginning, containing 19.55 acres, more or less.
Subject to all rights-of-way and pertinent easements of record.
AMENDED PETITION TO AMEND ORDINANCE Z-500-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CA' EL, INDIANA
ESTABLISHING THE PARK PLACE PLANNED UNIT DEVELOPMENT DISTRICT
AS AMENDED BY ORDINANCE Z-521-08 AND ORDINANCE Z-526-09
WHEREAS, Section 31.6.4 of the Cartnel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay
Zoning Ordinance") provides for the establishment of a planned unit development district in
accordance with the requirements of I.C. 36-7-4-15, et seq.; and
WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council") adopted
Ordinance Z-500-06 on February 19, 2007 ("Z-500-06"), establishing the Park Place Planned Unit
Development District (the "Park Place Ordinance") for the Real Estate legally described in Exhibit
"A" attached hereto; and
WHEREAS, the Council amended Z-500-06 by Ordinance Z-521-08 adopted October 20,
2008, which Ordinance adds Parcels 2 and 3 to the Park Place Ordinance, the legal descriptions of
which are attached hereto as Exhibit "A-1" (Exhibit "A" and "A-1" together, the "Real Estate"); and
WHEREAS, Mayflower Communities, Inc. ("Mayflower"), the owner of the Real Estate
described in Exhibit A and commonly known as the 19.55 acres located along the east side of
Guilford Avenue, approximately 636.72 feet north of its intersection with 116th Street, Carrnel,
Hamilton County, Indiana, and referred to as Parcel 1 in Z-500-06; and
WHEREAS, Mayflower desires to amend Z-500-06 as amended by Ordinance Z-521-08 and
Z-526-09 in order to modify the unit mix contained in Section 5.1(e) of the Park Place Ordinance.
NOW, THEREFORE, Mayflower Communities, Inc., by counsel, requests of the Common
Council of thc City of Carmel, Indiana, as follows:
Section I Ordinance Z-500-06, Section 5.1(e) is amended as fbilows:
"5.1(e) There shall be a maximum of 141 independent residential
living units, 56 assisted living units, 26 assisted living memory
support units and 38 nursing care units. The individual unit types
may be modified up to 10% so long as thc total number of units does
not exceed 261 units."
Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section 3. 'Mk Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
E. Davis Coots
Coots Henke Wheeler, P.C.
255 E. Carmel Drive
Carmel, TN 46032
(3 l 7) 844-4693
dcoots(ichwlaw.com
Respeetftilly submitted,
MAYFLOWER COMMUNITIES. INC.
13y:
E. Pavis Coots, #3367-29
Its Attorneys
M H Y ON(A201 EDUNE D RE VIS 11.)NS rr.1 ON TO AM END ORDINANCE :2:25A hvINSAypeN 7940
EXHIBIT "A"
LEGAL DESCRIPTION: Parcel 1
Situate in the State of Indiana County of Hamilton and bcing a part of the Southwest quarter of
Secion 36, Township l8 North, Range. 3 East of thc Second Principal Meridian, more particularly
described to wit:
Cornmcncing at a 5/8 inch rcbm i thnNortheast m�er of the West b�of the Southwest
quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14
seconds West 66.00 feet with the 'North line of said West half quarter; thence South 00 degrees 10
minutes 31 seconds East 771.40 feet to a mag nail and the true point of beginning of the real estate
herein described; thence North 89 degrees 39 minutes 43 seconds Fast 727.76 feet to a 5/8 inch
rebar on the East line ofthe West half of the East half of said Southwest quarter; thence South 00
degeou 14 minutes 34 seconds East 1182.55 feet with said East line to a 5/8 inch rebar; thence
South 89 degrees 22 minutes 51 seconds West 504.50 feet to a 5/8 inch rebar; thence North 67
degrees 02 minutes 29 seconds West 244.32 feet to a mag nail; thence North 00 degrees 10 minutes
31 seconds West 1088.40 feet tu the point of beginning, 000taioioglP.55 acres, more or less.
Subject to all rightsof-way arid pertinent easements ofrecord.
Plot 5
EXITIBIT "A-1"
LEGAL DESCRIPTION: Parcels 2 and 3
Part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County.
Indiana, described as follows:
Beginning at the Northeast corner of the West Half of the Southwest Quarter of Section 36,
Township 18 North, Range 3 East; thence South 89 degrees 14 minutes 12 seconds West on and
along the North line thereof 66.00 feet; thence South 00 degrees 10 minutes 31 seconds East
(assumed bearing) parallel with the East line of the West half of said Southwest Quarter 1988.70 feet
to the True Beginning Point of the real estate herein described; thence North 89 degrees 40 minutes
42 seconds East 729.14 feet to a point on the Eat line of the West half of the East Half of said
Southwest Quarter that is 1994.30 feet south 00 degrees 14 minutes 51 seconds east ofthe North line
of said southwest quarter; thence. South 00 degrees 14 minutes 51 seconds East on and along the East
line of said half Half Quarter Section 632.71 feet to the South line of said Southwest Quarter; thence
South 89 degrees 21 minutes 50 seconds West on and along said South line 729.96 feet to a point
that is 66 feet West of the East line of the West half of said Southwest Quarter; thence north 00
degrees 10 'ninnies 31 seconds West parallel with said East line 636.72 feet to the True Beginning
Point; containing 10.630 acres. more or less.
Subject to an Indiana Bell Telephone Company Utility Easement recorded June 6, 1969, in Deed
Record 229, page 30: subject to the rights of way for College Avenue (Guilford Road) and 116
Street; subject to all other legal easement and rights of way.
UNIT Mrx MATRIX. Original 1 Amendment Proposed Variation
Independent Living 191 171 141 -30
Assisted Living 20 44 56 +12
AL Memory Support 0 18 26 18
Skilled Nursing 28 30 38 ±8
Total 239 263 261
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF M AYFLOWER COMMUNITIES, INC
25 P
APO AMEND THE PARK PLACE PUD ORDINANCE
20H iikti z-t-
PURSUANT TO INDIANA CODE 36-7-4-605
An Ordinance to Amend the Park Place Planned Unit Development (PUD) Ordinance.
To: The Honorable Common Council
Of the City or Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Advisory Tian Commission offers you the following report on the ;Application to the
Commission (Docket No. 10120003 OA) to amend Ordinance Z-526-09 Z-500-06: Park Place PUD in
order to amend the breakdown of unit types.
The Carmel Advisory Plan Commission's recommendation on he petition k FAVORABLE.
At its regular meeting on January 19, 2011 the. COMMISSIC111 voted eight (8) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance 7,548-11 with a
Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36 7-4-
607(e)() the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninet2, clays from the date of the original Certification (January 25, 2011) is
Monday. April 25, 2011.
Iancock, Secretary
Carmel Advisory Plan Commission
Dated: January 25, 2011
2011-0124: Z-548-11; PC CertificationxIoc.
ORDINANCE Z-548-1 1
CARMEL ADVISORY PLAN CO
BY:
sident