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Z-619-16 Five Seasons PUDSponsors: Councilor Kimball CARMEL, INDIANA Five Seasons PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-619-16 October 17, 2016 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance.............................................................................................. 3 Section 2. Definitions and Rules of Construction.......................................................................... 3 Section 3. Accessory Buildings and Uses....................................................................................... 5 Section 4. Development Standards.................................................................................................. 5 Section 5. Architectural Design Requirements.............................................................................6 Section 6. Landscaping Requirements..........................................................................................7 Section 7. Additional Requirements and Standards........................................................................ 7 Section 8. Procedural Provisions.................................................................................................8 Section 9. Violations and Enforcement.......................................................................................9 Section10. Exhibits.......................................................................................................................9 Exhibit A Legal Description Exhibit B Architectural Character Imagery Note: All of the above Exhibits (A -B) are attached to this Five Seasons Ordinance, are incorporated by reference into this Five Seasons Ordinance and are part of this Five Seasons Ordinance. 14 Version C 09-20-16 Sponsors: Councilor Kimball ORDINANCE Z-619-15 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE FIVE SEASONS PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the Five Seasons Planned Unit Development District Ordinance (the "Five Seasons PUD'). The Ordinance would rezone the real estate from R-1 Residential to a Planned Unit Development district allowing (i) the current use of the real estate to continue as a permitted use and (ii) the future redevelopment of the site for office uses generally consistent with the US Highway 31 Corridor Overlay Architectural Design and Landscaping Requirements. WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended (the "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.; and WHEREAS, the Plan Commission has given a Favorable recommendation to this PUD district ordinance under docket number 16060015 Z (the "Five Seasons Ordinance"), which establishes the Five Seasons Planned Unit Development District (the "Five Seasons District") with respect to the real estate legally described in Exhibit A (the "Real Estate"). NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7- 4-1500 et seq., the Council adopts this Five Seasons Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Five Seasons Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Five Seasons Ordinance, and (iv) this Five Seasons Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Five Seasons District. Section 1.2 Development in the Five Seasons District shall be governed entirely by (i) the provisions of this Five Seasons Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance and Subdivision Control Ordinance specifically referenced in this Five Seasons Ordinance. Section 2. Definitions and Rules of Construction. Version C 09-20-16 Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Five Seasons Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall' indicates a mandatory requirement. The word "may" indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Five Seasons Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Five Seasons Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the Zoning Ordinance. "ADLS": The architecture, design, exterior lighting, landscaping and signage associated with a Building. "ADLS Approval": Approval by the Plan Commission of architecture, design, lighting and landscaping and signage pursuant to Chapter 24 of the Zoning Ordinance and the Development Requirements. Architectural Character Imagery: These comprise the elevations and photographs, attached hereto as Exhibit B (Architectural Character Imagery), and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Character Imagery is general and not intended to delineate the only final building and site designs that may be built. Buildings will comply with the Architectural Standards but may vary from the Architectural Character Imagery provided all applicable Architectural Standards are met. Architectural Standards: The Architectural Standards incorporated herein under Section 5 of this Five Seasons Ordinance. BZA: The Carmel Board of Zoning Appeals. Com: The City of Carmel, Indiana. "Development Plan" or "DP": A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of facilities, Buildings, and Structures. 4 Version C 09-20-16 "Development Plan Approval" or "DP Approval": A Development Plan Approved by the Plan Commission pursuant to Chapter 24 of the Zoning Ordinance. Development Requirements: Written development standards and any written requirements specified in this Five Seasons Ordinance, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Legal Description: The description of the Real Estate included under and depicted in Exhibit A. Plan Commission: The City's Plan Commission. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Sign: Any type of sign as further defined and regulated by this Five Seasons Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance. Subdivision Control Ordinance: The City's Subdivision Control Ordinance, Ordinance Z-160, as amended. Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance. Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of Carmel, Hamilton County, Indiana, as amended. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the B-5 Business District of the Zoning Ordinance shall be permitted in the Five Seasons District subject to the provisions of Section 4.2 below. Section 4. Development Standards. Section 4.1 Permitted Uses: A. All Uses, including Special Uses (SU), that are permitted in the B-5 Business Zoning District per Appendix A of the Zoning Ordinance (including but not limited to Professional and General Office)), but subject to the Exclusions (E) of the US 31 / Meridian Street Overlay. B. The Retail and Service use and Cultural and Entertainment Use permitted under Chapter 2313.05 of the US Highway 31 Corridor Overlay Zone. C. Indoor Commercial Recreational Facility and Outdoor Commercial Recreational Facility, and D. Country Clubs. Section 4.2 Bulk Requirements: 5 Version C 09-20-16 A. Minimum Tract Size: Fifteen (15) Acres (less any right-of-way dedication). B. Minimum Building Height: Thirty-eight feet and three (3) occupiable floors). C. Maximum Building Height: Ninety (90) feet or six (6) stories (plus the necessary height of any penthouse and/or mechanical roof top appurtenances) whichever is greater. D. Minimum Front Yard Setback: Thirty-five (35) feet. E. Minimum Side Yard Setback: Five (5) feet. G. Maximum Parcel Coverage: Seventy (70) percent. H. Minimum Gross Floor Area: Fifteen Thousand (15,000) square feet. Section 4.3 Architectural Design: Applicable architectural design requirements are contained in Section 5 of this Five Seasons Ordinance. Section 4.4 Landscaping: Applicable landscaping requirements are contained in Section 6 of this Five Seasons Ordinance. Section 4.5 Parking and Loading: Parking and Loading (including bicycle parking) shall meet the requirements and standards of Chapter 27 of the Zoning Ordinance. Chapter 23.B.12 (US 31 Overlay ) shall not apply. Section 4.6 Lighting: Parking and Loading shall meet the requirements and standards of Chapter 23B.13 of the Zoning Ordinance. Section 4.7 Signage: Applicable signage requirements are contained in Chapter 25.7 of the Zoning Ordinance. Section 4.8 Applicable additional requirements and standards are contained in Section 7 of this Five Seasons Ordinance. Section 5. Architectural Design Requirements. Section 4.1 The architectural design of all Buildings shall meet the standards of Chapter 23B.09 Architectural Design Requirements of the Zoning Ordinance. Future buildings which include the incorporation of the building(s), or portions thereof, existing at the time of adoption of this Five Seasons Ordinance shall not be subject to the architectural 6 Version C 09-20-16 design requirements of Chapter 2313.09. Section 4.2 The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Buildings are contained within Exhibit B (Architectural Character Imagery). Section 6. Landscaping Requirements. Landscaping shall comply with the following standards: Section 6.1. General Landscaping Standards. Landscaping shall meet the Landscape Plan, General Provisions, and Plant Material standards of Chapter 33 of the Zoning Ordinance, as may be amended. Section 6.2. Areas to be landscaped. A. Perimeter Buffering. 1. A Type D Buffer shall be required along the I-465 and 96th Street frontage of the Real Estate. 2. No perimeter buffering shall be required along the east and west perimeter of the Real Estate. 3. No perimeter buffering internal to the Real Estate shall be required between individual parcels within the Five Seasons District. B. Street Trees. Street Trees shall meet the requirements of Chapter 33.05.0 of the Zoning Ordinance. C. Foundation Planting Standards. Foundation Plantings shall meet the requirements of Chapter 33.05.D of the Zoning Ordinance. D. Parking Areas. Parking Lot plantings shall meet the requirements of Chapter 33.05.E of the Zoning Ordinance. Section 6.3 Landscape Installation and Maintenance. Landscape Installation and Maintenance shall meet the requirements of Chapter 33.09 of the Zoning Ordinance. Section 7. Additional Requirements and Standards. Section 7.1. Premises Identification. Premises identification shall meet the requirements of the Zoning Ordinance as amended. Section 7.2. Right-of-way widths. 7 Version C 09-20-16 A. The half right-of-way width for 96th Street shall be sixty (60) feet and shall be dedicated to the City of Carmel within thirty (30) days of the approval by the Common Council of this Five Seasons Ordinance. B. No additional right of way shall be required along I-465. Section 7.3. Paths and Sidewalks. A ten (10) foot wide asphalt path shall be required along the north side of 96th Street. Section 7.4. Site Access and Road Improvement Requirements. A. The number and configuration of vehicular access drives into the Real Estate shall be provided as illustrated on a Development Plan Subject to section 8.2 of this Ordinance. B. All Thoroughfare Plan related improvement requirements as identified in and required under the Zoning Ordinance shall be satisfied by the installation of 10' wide multi -use path on the north side of 90h Street frontage of the Real Estate. Section 7.5 Bicycle and Pedestrian Access: Bicycle and pedestrian access shall meet the requirements and standards of Chapter 23B.14 of the Zoning Ordinance. Section 7.6 Outdoor Storage of Refuse: The outdoor storage of refuse shall meet the requirements and standards of Chapter 23B.16 of the Zoning Ordinance. Section 8. Procedural Provisions. Section 8.1. Approval or Denial of Plats. A. With respect to any portion of the Five Seasons District, the platting into smaller sections shall be permitted, but shall not be required in order to divide the Real Estate into smaller areas for purposes of conveying title to a parcel or creating separate tax parcels. Platting or otherwise dividing the Real Estate into smaller parcels for the purpose of conveying title or creating separate tax parcels shall not create property lines to which setback or any other standards of this Five Seasons Ordinance, the Zoning Ordinance or the Subdivision Control Ordinance shall be applied, provided that development of the parcels conforms to an approved Development Plan. B. All secondary plats for any portion of the Five Seasons District shall be approved administratively by the Department, and shall not require a public hearing before the Plan Commission, so long as the proposed secondary plat substantially conforms to the corresponding approved Primary Plat. Section 8.2. Approval or Denial of Development Plans and ADLS. 8 Version C 09-20-16 A. Development Plan ("DP") and/or architectural design, exterior lighting, landscaping and signage ("ADLS") approval by the Plan Commission, as prescribed in Chapter 24 of the Zoning Ordinance, shall be required prior to the issuance of a Improvement Location Permit to determine if the DP and ADLS satisfy the Development Requirements specified within this Five Seasons Ordinance. B. The Plan Commission shall consider an ADLS approval petition for the architecture, design, lighting, landscaping and signage of all buildings prior to the issuance of an Improvement Location Permit for that Building. C. If there is a Substantial Alteration in any approved DP or ADLS including, without limitation, the already approved use of the Real Estate, review and approval of the amended plans shall be made by the Plan Commission, or a Committee thereof, pursuant to the Plan Commission's rules of procedure. Minor Alterations may be approved by the Director. D. The denial by the Director of any request for approval or application may be appealed to the Plan Commission and the denial by the Plan Commission of any request for approval or application may be appealed to the City Council. Section 8.3. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a zoning waiver subject to the requirements of Chapter 23B.02.0 of the Zoning Ordinance. Section 8.4. Variance of Development Requirements. The BZA may authorize Variances from the terms of the Five Seasons Ordinance, subject to the procedures prescribed in the Zoning Ordinance. Section 9. Violations and Enforcement. All violations and enforcement of this Five Seasons Ordinance shall be subject to Chapter 34 (Zoning Violations) of the Zoning Ordinance. Section 10. Exhibits. All of the Exhibits (A -B) on the following pages are attached to this Five Seasons Ordinance, are incorporated by reference into this Five Seasons Ordinance and are part of this Five Seasons Ordinance. The remainder of this page is left blank intentionally. Version C 09-20-16 Exhibit "A" (Legal Description - Page 1 of 2) Part of the Southwest Quarter of Section 12, Township 17 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of Section 12, Township 17 North, Range 3 East, Hamilton County, Indiana; thence South 89 degrees 13 minutes 20 seconds East (assumed bearing) on the South line of said Southwest Quarter a distance of 1300.95 feet to the Southwest corner of the real estate described in Instrument No. 94-49929, in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 12 minutes 36 seconds West on the West line of said real estate 60.01 feet to the point of beginning of the herein described real estate; thence South 89 degrees 13 minutes 20 seconds East parallel with the South line of said Southwest Quarter a distance of 905.02 feet; thence North 79 degrees 47 minutes 52 seconds East a distance of 34.56 feet; thence North 00 degrees 46 minute 40 seconds East a distance of 39.20 feet to a tangent curve having a radius of 98.50 feet, the radius point of which bears South 89 degrees 13 minutes 20 seconds East; thence Northerly on said curve an arc distance of 39.98 feet to a point of reverse curvature of a curve with a radius of 230.00 feet, the radius point of which bears North 65 degrees 58 minutes 06 seconds West; thence Northerly on said curve an are distance of 193.95 feet to a point of reverse curvature of a curve with a radius of 58.50 feet, the radius point of which bears North 65 degrees 43 minutes 01 seconds East; thence Northerly on said curve an arc distance of 46.54 feet to a tangent line; thence North 21 degrees 17 minutes 39 seconds East a distance of 115.75 feet to the South right-of-way line of Interstate Highway 465, Per I.S.H.C. Plans for Project I-465-4 (128) - 127; thence the following three calls on said South right-of-way line; 1) North 55 degrees 42 minutes 51 seconds West 26.17 feet; 2) North 69 degrees 12 minute 35 seconds West 612.79 feet; 3) North 68 degrees 42 minutes 21 seconds West 533.42 feet to the West line of said real estate described in Instrument No. 94-49929; thence the following three calls on the perimeter of said real estate; 1) South 00 degrees 12 minutes 36 seconds East 462.23 feet; 2) South 89 degrees 13 minutes 20 seconds East 100.00 feet 3) South 00 degrees 12 minutes 36 seconds East 375.59 feet to the point of beginning, containing 14.685 acres, more or less. TOGETHER WITH a Dedication of Right -of -Way for Public Right -of -Way Purposes to the Hamilton County Board of Commissioners per Instrument No. 95-53231 in the Office of the Recorder of Hamilton County, Indiana, a portion of said Dedication being more particularly described as follows: Part of the Southwest Quarter of Section 12, Township 17 North, Range 3 East, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of Section 12, Township 17 North, Range 3 East, Hamilton County, Indiana; thence South 89 degrees 13 minutes 20 seconds East (assumed bearing) on the South line of said Southwest Quarter a distance of 1300.95 feet to the Southwest corner of the real estate described in Instrument No. 94-49929 in the Office of the Recorder of Hamilton County, Indiana, said point being the point of beginning of the herein described real estate; thence North 00 degrees 12 minutes 36 seconds West on the West line of said real estate a distance of 60.01 feet; thence South 89 degrees 13 minutes 20 seconds East parallel with the South line of said Southwest Quarter a distance of 905.02 feet; thence North 79 degrees 47 minutes 52 seconds East a distance of 34.56 feet; thence South 00 degrees 46 minutes 40 seconds West a distance of 66.58 feet to the South line of said Southwest Quarter; thence North 89 degrees 13 minutes 20 seconds West on said South line a distance of 937.71 feet to the point of beginning, containing 1.295 acres, more or less. Exhibit "A" — Page 1 of 2 Exhibit "A" (Legal Description — Page 2 of 2) lLI q� 3 EL : r G Exhibit "A" — Page 2 of 2 Exhibit "B" (Architectural Character Imagery) WML. 4=�— '0. AL Exhibit `B" — Page 1 of 4 Exhibit "B" (Architectural Character Imagery) �eqa � � �� U A1.f• +re4 '�� 'r per. Exhibit "B" — Page 2 of 4 Exhibit "B" (Architectural Character Imagery) Exhibit `B" — Page 3 of 4 Exhibit B" (Architectural Character Imagery) 1 � - ''/mss- � I� Exhibit "B" — Page 4 of 4 ADOPTED by the Common Council of the City of Carmel, Indiana this 7 V1 day of 2016, by a vote of �i _ ayes and © nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Laura D. Campbell nald Em—carter l `I �iiwr 0 Kati --1 H. Bruce Kimball No-� prcc'-�)n Kevin D. Rider Presented by me to the Mayor of the City of N 0\ Cy���`r 2016, at Lt. p e Approved by me, Mayor of the City of Carmel, Indiana, this I Tito day of �SS w i 2016, at �A' 0 L.M. % IN J es Brainard, Mayor 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. 5 Seasons PUD - draft 4 CC 102016