Z-608-16 WestClay Village PUDSponsors: Councilor Kimball
CARMEL, INDIANA
WestClay Village
PLANNED UNIT DEVELOPMENT DISTRICT
(Text Amendment)
ORDINANCE Z-608-16
January 23, 2016
Exhibit "A" — Page 1 of 4
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance.............................................................................................. 3
Section2. Exhibits.......................................................................................................................3
Exhibit A. Amendments
Exhibit B. Amendment Locations
Exhibit C. District Development Plan
Note: All of the above Exhibits (A -C) are attached to this 2015 WestClay Amendment
Ordinance, are incorporated by reference into this 2015 WestClay Amendment Ordinance and
are part of this 2015 WestClay Amendment Ordinance.
2
Sponsors: Councilor Kimball
ORDINANCE Z-608-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL
INDIANA AMENDMENG THE WESTCLAY VILLAGE PLANNED UNIT
DEVELOPMENT DISTRICT ORDINANCE
Synopsis:
Ordinance amends certain provisions of the West Clay Planned Unit Development District
Ordinance (the "West Clay PUD"). These amendments relate solely to two (2) mixed use
(commercial/residential) areas: the Village Center and WestClay Uptown. The changes are
necessitated by the current limit on residential density within the West Clay PUD, and are in
response to changes in economic conditions over the course of a decade that render it unfeasible
to build out the Village Center and WestClay Uptown exclusively for office and retail uses. The
amendment for (i) Area 1, as identified in the ordinance, will permit a maximum of 52 additional
dwellings, (ii) Area 2 would allow an addition of approximately thirty (30) loft units and an
additional nine (9) Townhomes, and (iii) Area 3 would subject Area s to the same standards as
other businesses within WestClay Uptown (the Peripheral Retail Area of the West Clay PUD).
WHEREAS, a petition has been filed, as Docket No. 15090010 OA (the "2015 WestClay
Amendment"), to amend the development requirements of the Z-330, The WestClay Village
Planned Unit Development District as amended (the "District"); and
WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") has
given a Favorable recommendation to this 2015 WestClay Amendment to the Common Council
of the City of Carmel, Indian (the "Council").
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-
7-4-1500 et seq., the Council adopts this 2015 Westclay Amendment Ordinance, as an
amendment to the District, (ii) all prior ordinances or parts thereof inconsistent with any
provision of this 2015WestClay Amendment and its exhibits are hereby made inapplicable to the
use and development of the real estate subject to the District, (iii) this 2015 Westclay
Amendment Ordinance shall be in full force and effect fiom and after its passage and signing.
Section 1. Applicability of Ordinance. The provisions the District shall be amended by the
standards established in what is attached hereto and incorporated herein by reference as Exhibit
"A" which are applicable to the areas within the District as identified in Exhibit `B". In all other
respects, the District Ordinance shall remain in effect and unchanged.
Section 2. Exhibits. All of the Exhibits (A -C) on the following pages are attached to this
2015 WestClay Amendment Ordinance, are incorporated by reference into this 2015 WestClay
Amendment Ordinance and are part of this 2015 WestClay Amendment Ordinance.
The remainder of this page is left blank intentionally.
3
Exhibit "A"
(Amendments)
Section 1. The District shall be amended to include the following standards on the real estate
identified as Area 1 on Exhibit `B" Page 1 of 3.
A. Section 7.1 of the District Ordinance shall be amended to permit a maximum of
fifty-two (52) dwellings in addition to the number of dwellings allowed under the
permitted residential density in the District.
B. The development of all dwellings shall not be subject to the Peripheral Retail
Area Design Guidelines and shall be subject to the Village of WestClay Building
Guidelines and Requirements for Residential Construction.
C. A Secondary Plat shall be required for development of dwellings.
Section 2. The District shall be amended to permit the following standards on the real estate
identified as Area 2 on Exhibit `B" Page 2 of 3.
A. Section 7.1 shall be amended to calculate the residential density in the District
exclusive of all Village Center Lofts and Townhomes located in Area 2.
B. The Amended Section 7.1 shall be as follows: "The gross residential density in
the District exclusive of (i) 216 units of Senior Housing, (ii) all Village Center
lofts, (iii) eighteen (18) Townhomes in Block F, (iv) and fifty-two (52) dwellings
in the Peripheral Retail Area shall not exceed 2.1 dwellings per acre and the gross
residential density in the Secondary Area shall not exceed 1.3 dwellings per acre."
Section 3. The District shall be amended to remove the real estate identified as Area 3 on Exhibit
"B" Page 3 of 3 from Primary Area (SH) and designate the real estate identified as
Area 3 on Exhibit "B" Page 3 of 3 Peripheral Retail Area on the District
Development Plan (see Exhibit "C" for reference).
The remainder of this page is left blank intentionally.
M
Exhibit `B"
(Amendment Locations)
Tax Parcel Numbers: Part of 17-09-29-00-20-002.000
Part of 17-09-29-00-20-003.000
(Total of 12.4+/- Acres)
iayne 5t
Exhibit "B" Page 1 of 3
Tax Parcel Numbers: All of 17-09-28-00-06-004.000
All of 17-09-28-00-07-001.000
All of 17-09-28-00-07-002.000
All of 17-09-28-00-07-002.008
(Total of 7.94+/- Acres)
Exhibit `B" Page 2 of 3
Tax Parcel Number: Part of 17-09-29-00-20-002.000
(Total of 1.3+/- Acres)
Exhibit "B" Page 3 of 3
Exhibit "C"
(Amended District Development Plan)
.. IXORO M
Exhibit "C" Page 1 of 1
ADOPTED by the Common Council of the City of Carmel, Indiana this )5-m day of
P -b ruckI)A , 2016, by a vote of -_ ayes and �_ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
l
Laura D. Campbell
Roofd E. Carter, Council President
Sue m
ATTEST
Christine S. Paule , Clerk-Treasu
M#A
Carol Schleif
441��4
J i ell
Presented by me to the Mayor of the City of Carmel, diana this day o
b M VC 2016, at Q P .M.
hnstine S. Pauly, Clerk-Treas r
Approved by me, Mayor of the City of Carmel, Indiana, this /5 fil day of
1� N tur I 2016, at 0 �-.M.
J es Brainard, Mayor
ATTEST ! ;
qj nikine S. Pauley; Clerk -Treasurer
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032.
Westclay Village PUD Amendment with synopsis- 012316 CC
2016048393 MISC $17.00
09/19/2016 09:26:58A 4 PGS
Jennifer Hayden
HAMILTON County Recorder IN
Recorded as presented
lilllllllllllllllilillllllllllllllllllllllllllllllllllllllllllll111111
COMMITMENT CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Brenwick TND Communities, LLC, an Indiana limited liability company ("Brenwick"), is
the owner of (i) a portion of the real estate which is identified by the Hamilton County, Indiana's
Auditor's Office as Tax Parcel Number 17-09-29-00-20-002.000; and, (ii) a portion of the real
estate which is identified by the Hamilton County, Indiana's Auditor's Office as Tax Parcel Number
17-09-29-00-20-003.000, which parcels shall collectively be referred to herein as the "Real Estate",
which Real Estate is graphically depicted on what is attached hereto and incorporated herein by
referenced as Exhibit A. Brenwick, and its successors and assigns, makes the following
commitment (the "Commitment") regarding the Real Estate to the City of Carmel, Common
Council (the "Council").
Section 1. Cross Reference.. This Commitment pertains to the Real Estate and is made in
connection with the approval by the Council of a text amendment to The Village of West Clay
Planned Unit Development Ordinance Z-330, as amended, which text amendment approval is
identified by Ordinance Z-608-16 and the associated City of Carmel Plan Commission docket
number 15090010 OA (the "Village of West Clay Text Amendment").
Section 2. Definitions. The definitions of the capitalized terms set forth below in these
Commitments shall have the same meanings as set forth in The Village of West Clay Text
Amendment and/or the Village of West Clay Planned Unit Development Ordinance.
Section 3. Commitment. Brenwick, and its successors, assigns, grantees and successors in title
to the Real Estate, makes the following commitment concerning the Real Estate:
A. Contribution to The Village of West Clay Homeowner's Association: Upon a party
obtaining an Improvement Location Permit from the City of Carmel for any residence to
be constructed in Area 1, a payment in the sum of Four Hundred Dollars ($400.00) shall
be made to the Village of West Clay Home Owner's Association; however, the total
amount of payments, in the aggregate, shall not exceed the sum of Twenty Thousand
Eight Hundred Dollars ($20,800.00).
B. Annual Reeortinu to the Deaartment of Communitv Services for the City of Carmel:
On or before December 31' of each year, an annual report shall be submitted by the
Village of West Clay Homeowner's Association with the City of Carmel, Director of
Community Services (the "Annual Report"). The Annual Report shall indicate the lots
numbers that have been issued an Improvement Location Permit in Area I and the date
of issuance of the Improvement Location Permit for each specific lot, as well as the date
the corresponding payment of Four Hundred Dollars ($400.00) was made to the to the
Village of West Clay Home Owner's Association pursuant to Section 3, Paragraph A
above.
Section 4. Effective Date. The Commitment contained herein shall be effective upon the
occurrence of the following event:
A. The commencement of the development of residential townhomes on the Real Estate,
as evidenced by the issuance of an Improvement Location Permit.
Section 5. Binding on Successors and Modifications. This Commitment may be assigned by
Brenwick and this Commitment shall binding upon each successor, assignee and grantee acquiring
an interest in the Real Estate during such successor's, assign's and grantee's ownership. This
Commitment shall remain binding unless modified or terminated by the Council after a public
hearing wherein notice is provided by the rules of the Council. The provisions of this Section 5
notwithstanding., the Commitment shall terminate as to any part or parts of the Real Estate hereafter
reclassified (rezoned) on the City's Official Zone Map via a rezone request other than a rezone
request that is initiated by the City and not by the owner or owners of the Real Estate.
Section 6. Recording. The undersigned shall record this Commitment with the Recorder of
Hamilton County, Indiana.
Section 7. Enforcement. This Commitment may be enforced by the Council.
IN WITNESS WHEREOF, Owner has caused this Commitment to be executed as of the date
written below.
"Owner"
Brenwick TND Communities, LLC, an Indiana limited liability company
By:
ro M 0-AAALK5!L O
Date: Q— 15- UP
STATE OF Cyd t a rc.c }
} SS..
COUNTY OF o }
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Ia., Ph&t fes Ahtideq
Brenwick TND Communities, LLC, an Indiana
execution of the foregoing Commitment this _,�2n
(name) as (1 - hl gog el .1 h (title) of
limited liability company and acknowledged the
day of S$n , 2016.
Witness my hand and Notarial Seal this / 5M day of f , 2016.
My Commission Expires:
�T2.3
Residing in JM e o County
1-�') /,-# ,,� )w , a
Notary Pub is
)A ( ,to rl, 00"Ck
Printed Name
Prepared By: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210,
Carmel, IN 46032 (317) 844-0106.
Pursuant to IC 36-2-11-I5(b)(2), I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law —
James E. Shinaver.
EXHIBIT A
�2,o051�
2016048392 MISC $21.00
09/19/2016 09:26:58A 6 PGS
Jennifer Hayden
HAMILTON County Recorder IN
IIIIIl1111IIIrllfled as Presented
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COVENANT REGARDING REAL ESTATE
Brenwick TND Communities, LLC, an Indiana limited liability company ("Brenwick"),
is the owner of (i) a portion of the real estate which is identified by the Hamilton County,
Indiana's Auditor's Office as Tax Parcel Number 17-09-29-00-20-002.000, (ii) a portion of the
real estate which is identified by the Hamilton County, Indiana's Auditor's Office as Tax Parcel
Number 17-09-29-00-20-003.000, and (iii) real estate which is identified by the Hamilton
County, Indiana's Auditor's Office as Tax Parcel Numbers 17-09-29-00-20-003.000, 17-09-28-
00-06-004.000, 17-09-28-00-07-001.000, and a portion of 17-09-28-00-07-002.000 which
parcels shall collectively be referred to herein as the "Real Estate", which Real Estate is
graphically depicted on what is attached hereto and incorporated herein by referenced as Exhibit
A. Brenwick makes the following covenant (the "Covenant") regarding the Real Estate to the
City of Carmel, Common Council (the "Council").
Section 1. Cross Reference. This Covenant pertains to the Real Estate and is made in
connection with the approval by the Council of a text amendment to The Village of West Clay
Planned Unit Development Ordinance Z-330, as amended, which text amendment approval is
identified by Ordinance Z-608-16 and the associated City of Carmel Plan Commission docket
number 15090010 OA (the "Village of West Clay Text Amendment").
Section 2. Definitions. The definitions of the capitalized terms set forth below in this
Covenant shall have the same meanings as set forth in The Village of West Clay Text
Amendment and/or the Village of West Clay Planned Unit Development Ordinance.
Section 3. Covenant. Brenwick, as the owner of the Real Estate, for itself and for its
successors, assigns, grantees and successors in title to the Real Estate, makes the following
covenant concerning the Real Estate:
A. Modifications to "Village of Westclay Building Guidelines and Requirements for
Commercial Construction dated July 13, 2004": Any residential townhome to be
constructed in Area 1 shall comply with the "Village of Westclay Building Guidelines
and Requirements for Commercial Construction dated July 13, 2004". Any change to
of ten percent (10%) or greater of any specified standard or regulation contained
within the "Village of Westclay Building Guidelines and Requirements for
Commercial Construction dated July 13, 2004" for any proposed residential
townhome to be constructed in Area I shall require a public hearing before the
Council and approval by the Council of such a change. -
Section 4. Effective Date. The Covenant contained herein shall be effective upon the
occurrence of the following event:
A. The commencement of the development of the Real Estate pursuant to Ordinance
Z-608-16, as evidenced by the issuance of an Improvement Location Permit.
Section 5. Binding on Successors and Modifications. This Covenant is binding upon (i)
Brenwick, and upon each successor, assign and grantee acquiring an interest in the Real Estate
during such successor's, assign's and grantee's ownership, unless modified or terminated by the
Council after a public hearing wherein notice is provided by the rules of the Council The
provisions of this Section S notwithstanding, this Covenant shall terminate as to any part or parts
of the Real Estate hereafter (i) reclassified (rezoned) on the City's Official Zone Map via a
rezone request other than a rezone request that is initiated by the City and not by the owner or
owners of the Real Estate or (ii) acquired by or dedicated to the City of Carmel, Indiana or
Hamilton County, Indiana for the purpose of road improvements.
Section 6. Recording. The undersigned shall record this Covenant with the Recorder of
Hamilton County, Indiana.
Section 7. Enforcement. This Covenant may be enforced by the Council.
IN WITNESS WHEREOF, Owner has caused this Covenant to be executed as of the date
written below.
"Owner"
Brenwick TND Communities L4andiana limited liability company
w
By: e 0
419-X
M UAUES Nutfcr�
Date: I — i3`-'/&
STATE OF 1111j, }
} SS.:
COUNTY OF . u m t� f v }
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Ti rn 0 of � k s lUccs-fd „ (name) as op - )V ,r nt a e, (title) of
Brenwick TND Communities, LLC, an Indiana limited liability company and wledged the
execution of the foregoing Covenant this _ W day of , 2016.
Witness my hand and Notarial Seal this 15V day of`, 1� , 2016.
My Commission Expires: ,.,►,,,,'i �►`/! . Its �.4
`4 Y� 2 3 Notary Public
Residing in Nw of dor,-c&County n f, r77
Printed Name
Prepared By: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210,
Carmel, IN 4+6032 (317) 844-0106.
Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law —
James E. Shinaver.
EXHIBIT "A"
(Page I of 1)
EXHIBIT "A"
(Page 2 of 3)
070,
EXHIBIT "A"
(Page 3 of 3)