Z-387-02 PUD-West ClaySponsor: Councilor Snyder
ORDINANCE NO. Z-387-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE WESTCLAY VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as
amended (the "Zoning Ordinance"), provides for the establishment of a PUD District in
accordance with the requirements of IC 36-7-4-1500 et. seq.; and
WHEREAS, Ordinance No. Z-330 establishes the WestClay Village Planned Unit
Development District (the "District") on the real estate more specifically described in Exhibit
"A"; and
WHEREAS, the Carmel/Clay Plan Commission has recommended that Ordinance No. Z-
330 be amended and restated as provided in Exhibit "B" herein; and
WHEREAS, the Common Council of the City of Carmel, Indiana, has given reasonable
regard to the Comprehensive Plan and the other matters specified in Section 31.6.4(4) of the
Zoning Ordinance when considering said amendment to Ordinance No. Z-330;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I: Pursuant to IC 36-7-4-1500 et. seq., Ordinance No. Z-330 is amended and restated
and as thus amended and restated constitutes an amendment to the Zoning Ordinance.
Section II: This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
C2/fiLt~PASSED by the Common Council of the City of Carmel, Indiana this :~9, day of
EL&'/' 2002, by a vote of ~.p ayes and. t9 nays.
COMMON CO~CIL FOR THE CITY OF CARME~
~s~in~Ofhcer ( X · a ' K~~-~
~~~~o~sidlnt ~ro Tempore fi "~ d~~ ,.~/-)~/ )
~~all ~ / N.L.~u ,
B. C~e~ ~nyder ' ~
ATTEST:
Diana L. Cordray,
rer
Presented by me to the Mayor of the City of Carmel, Indiana this ~ day of %
2002, at ~ P.M.
Diana L. Cordray, IAMC,
Approved by me, Mayor of the City of Carmel, Indiana, this ~day of //~/t'f'-~
2002, at ~,rb~ P.M.
Jan~ Brainard, Mayor
ATTEST:
Prepared by:
Tom Charles Huston
Brenwick Development Company, Inc.
12821 East New Market Street
Carmel, Indiana 46032
(317) 574-3400
EXHIBIT A
Part of Section 28, Township 18 North, Range 3 East, Section 29, Township 18 North, Range 3 East and
Section 33, Township 18 Noah, Range 3 East of the Second Principal Meridian, Hamilton County,
Indiana described as follows:
Beginning at the Southwest comer of the East Half of the Northwest Quarter of said Section 28;
thence North 00 degrees 08 minutes 08 seconds West a distance of 2640.15 feet to the Northwest
comer thereof; thence Noah 89 degrees 15 minutes 43 seconds East a distance of 660.01 feet;
thence South 00 degrees 08 minutes 08 seconds East a distance of 650.04 feet; thence Noah 89
degrees 15 minutes 43 seconds East a distance of 653.85 feet; thence Noah 00 degrees 54
minutes 16 seconds West a distance of 302.00 feet; thence Noah 89 degrees 15 minutes 43
seconds East a distance of 187.00 feet; thence Noah 00 degrees 54 minutes 16 seconds West a
distance of 348.00 feet; thence North 89 degrees 15 minutes 43 seconds East a distance of 125.00
feet; thence South 00 degrees 54 minutes 16 seconds East a distance of 348.00 feet; thence North
89 degrees 15 minutes 43 seconds East a distance of 1058.53 feet; thence South 00 degrees 34
minutes 54 seconds East a distance of 641.51 feet; thence South 00 degrees 08 minutes 21
seconds East a distance of 334.45 feet; thence South 00 degrees 26 minutes 25 seconds West a
distance of 1046.99 feet; thence Noah 73 degrees 09 minutes 10 seconds West a distance of
138.64 feet; thence South 00 degrees 26 minutes 25 seconds West a distance of 310.83 feet;
thence North 89 degrees 14 minutes 32 seconds East a distance of 1413.06 feet; thence South 00
degrees 36 minutes 36 seconds East a distance of 2630.99 feet to the Southeast comer of the said
Southeast Quarter; thence South 89 degrees 23 minutes 24 seconds West along the Noah line of
the Northeast Quarter of Section 33, Township 18 North, Range 3 East a distance of 2640.00 feet
to the Northwest comer of the said Northeast Quarter; thence South 00 degrees 19 minutes 00
seconds East a distance of 520.98 feet; thence South 00 degrees 19 minutes 00 seconds East a
distance of 2602.08 feet; thence South 89 degrees 34 minutes 24 seconds West a distance of
1331.52 feet; thence Noah 00 degrees 12 minutes 23 seconds West a distance of 442.67 feet;
thence South 89 degrees 34 minutes 24 seconds West a distance of 1328.56 feet; thence Noah 00
degrees 12 minutes 04 seconds West a distance of 1329.55 feet; thence North 89 degrees 34
minutes 24 seconds East a distance of 1328.59; thence North 00 degrees 34 minutes 48 seconds
West a distance of 1265.42 feet; thence Noah 00 degrees 34 minutes 48 seconds West a distance
of 77.84 feet; thence South 89 degrees 04 minutes 33 seconds West a distance of 1292.76 feet;
thence South 89 degrees 04 minutes 33 seconds West a distance of 1378.39 feet; thence North 01
degrees 05 minutes 04 seconds West a distance of 8.00 feet; thence North 52 degrees 34 minutes
10 seconds East a distance of 14.45 feet; thence North 22 degrees 56 minutes 30 seconds East a
distance of 27.27 feet; thence Noah 00 degrees 32 minutes 40 seconds West a distance of
1453.10 feet; thence South 89 degrees 16 minutes 51 seconds West a distance of 107.69 feet;
thence Noah 00 degrees 03 minutes 04 seconds East a distance 1138.58 feet; thence North 89
degrees 15 minutes 43 seconds East a distance of 1470.62 feet; thence North 89 degrees 15
minutes 43 seconds East a distance of 1292.99 feet to the Point of Beginning.
Also the following:
Part of Section 29, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton
County, Indiana described as follows:
Commencing at the Southeast Comer of the Southeast Quarter of said Section; thence South 88
degrees 51 minutes 04 seconds West a distance 1961.04 feet to the Point of Beginning; thence
North 00 degrees 42 seconds 38 seconds West a distance of 1441.57 feet; thence South 88
degrees 33 minutes 26 seconds West a distance of 639.56 feet; thence South 01 degrees 15
minutes 54 seconds East a distance of 1437.55 feet; thence Noah 88 degrees 54 minutes 56
seconds East a distance of 625.61 feet; to the Point of Beginning.
Except the following:
Part of Section 28, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton
County, Indiana described as follows:
Commencing at the Southwest comer of the East Half of the Northwest Quarter of said Section
28; thence North 00 degrees 08 minutes 08 seconds West along the West line of said Half Quarter
section a distance of 2640.15 feet to the Northwest comer thereof; thence North 89 degrees 15
minutes 43 seconds East a distance of 660.01 feet; thence South 00 degrees 08 minutes 08
seconds East a distance of 650.04 feet; thence North 89 degrees 15 minutes 43 seconds East a
distance of 653.85 feet; thence North 00 degrees 54 minutes 16 seconds West a distance of
302.00 feet; thence North 89 degrees 15 minutes 43 seconds East a distance of 187.00 feet; thence
North 00 degrees 54 minutes 16 seconds West a distance of 348.00 feet; thence North 89 degrees
15 minutes 43 seconds East a distance of 125.00 feet; thence South 00 degrees 54 minutes 16
seconds East a distance of 348.00 feet; thence North 89 degrees 15 minutes 43 seconds East a
distance of 1058.53 feet; thence South 00 degrees 34 minutes 54 seconds East a distance of
641.51 feet; thence South 00 degrees 08 minutes 21 seconds East a distance of 334.45 feet; thence
South 00 degrees 26 minutes 25 seconds West a distance of 1046.99 feet; thence North 73
degrees 09 minutes 10 seconds West a distance of 138.64 feet; thence South 00 degrees 26
minutes 25 seconds West a distance of 310.83 feet to the Point of Beginning; thence North 00
degrees 45 minutes 26 seconds West a distance of 662.27 feet; thence North 89 degrees 59
minutes 57 seconds West a distance of 452.93 feet; thence North 53 degrees 28 minutes 12
seconds West a distance 213.92 feet; thence North 19 degrees 05 minutes 37 seconds West a
distance of 232.49 feet; thence North 64 degrees 16 minutes 57 seconds West a distance of
131.09 feet; thence South 00 degrees 54 minutes 16 seconds East a distance of 734.65 feet; thence
North 89 degrees 05 minutes 44 seconds East a distance of 188.43 feet; thence South 00 degrees
41 minutes 22 seconds East a distance of 342.90 feet; thence South 89 degrees 15 minutes 43
seconds West a distance of 187.16 feet; thence South 00 degrees 00 minutes 06 seconds West a
distance of 503.75 feet; thence North 89 degrees 28 minutes 31 seconds East a distance of 605.89;
thence North 00 degrees 15 minutes 05 seconds East a distance of 506.25 feet; thence North 89
degrees 14 minutes 32 seconds East a distance of 202.69 feet to the Point of Beginning.
The above land description was prepared and is based exclusively upon record deed information
and/ or prior surveys of the subject premises or its parent. Said real estate is described in a
perimeter survey prepared by The Schneider Corporation as follows:
The Southwest quarter of Section 28, part of the Southeast quarter of Section 29 and part of the Northwest
and Southwest quarters of Section 33 all in Township 18 North, Range 3 East of Hamilton County,
Indiana, and being described as follows:
Beginning at the Northeast comer of the Southwest quarter of said Section 28; thence on an
assumed bearing of South 00 degrees 01 minutes 09 seconds West along the East line of said
Southwest quarter a distance of 503.75 feet; thence North 89 degrees 29 minutes 11 seconds East
a distance of 605.93 feet; thence North 00 degrees 15 minutes 45 seconds East a distance of
506.25 feet to a point of the North line of the Southeast Quarter of said Section 28 distant 608.11
feet east of the Northwest comer thereof; thence North 89 degrees 15 minutes 12 seconds East
along said North line a distance of 2069.03 feet to the Northeast comer of said Southeast Quarter;
thence South 00 degrees 07 minutes 17 seconds West along the East line of said Southeast
Quarter a distance of 2630.92 feet to the Southeast comer of said Southeast Quarter; thence South
89 degrees 23 minutes 24 seconds West along the South line of said Southeast Quarter a distance
of 2672.37 feet to the Northeast comer of the Northwest Quarter of said Section 33; thence South
00 degrees 20 minutes 16 seconds East along the East line of the Northwest quarter of Section 33
a distance of 2632.10 feet to the Southeast comer thereof; thence South 00 degrees 23 minutes 56
seconds East along the East line of the Southwest quarter of said Section 33 a distance of 490.67
feet; thence South 89 degrees 20 minutes 46 seconds West parallel with the North line of said
Southwest quarter a distance of 1331.44 feet to the West line of the East half of said Southwest
quarter; thence North 00 degrees 25 minutes 30 seconds West along said West line a distance of
442.67 feet to a point distant 48.00 feet South from the Northwest comer of said half-quarter;
thence South 89 degrees 20 minutes 46 seconds West parallel with the North line of said
Southwest quarter a distance of 1331.64 feet to the West line of said Southwest quarter; thence
North 00 degrees 27 minutes 03 seconds West along said West line a distance of 48.00 feet to the
Northwest comer of said Southwest quarter; thence North 00 degrees 27 minutes 13 seconds
West along the West line of the Northwest quarter of Section 33 a distance of 1281.55 feet;
thence North 89 degrees 20 minutes 46 seconds East parallel with the South line of said
Northwest quarter a distance of 1332.95 feet to the West line of the East half of said Northwest
quarter; thence North 00 degrees 23 minutes 44 seconds West along said West line a distance of
1348.18 feet to the Northwest comer thereof; thence South 89 degrees 14 minutes 42 seconds
West along the South line of the Southwest quarter of Section 28 a distance of 1334.33 feet to the
southwest comer thereof; thence South 88 degrees 51 minutes 10 seconds West along the South
line of the Southeast quarter of Section 29 a distance of 1351.40 feet to a point hereinafter
referred to as Point A; thence Noah 01 degrees 08 minutes 50 seconds West a distance of 8.00
feet; thence North 52 degrees 30 minutes 24 seconds East a distance of 14.45 feet; thence Noah
22 degrees 52 minutes 44 seconds East a distance of 27.27 feet; thence North 00 degrees 36
minutes 26 seconds West a distance of 1453.10 feet; thence South 89 degrees 13 minutes 03
seconds West a distance of 107.69 feet; thence North 00 degrees 00 minutes 53 seconds West a
distance of 1138.44 feet to the North line of said Southeast quarter; thence North 89 degrees 13
minutes 03 seconds East along said North line a distance of 1443.58 feet to the Northeast comer
thereof; thence North 89 degrees 14 minutes 59 seconds East along the North line of the
Southwest quarter of Section 28 a distance of 2678.68 feet to the Point of Beginning.
Also, Part of the Northwest and the Northeast Quarters of Section 28, Township 18 North, Range
3 East of the Second Principal Meridian, Hamilton County described as follows:
Beginning at a railroad spike at the southwest comer of the east half of the northwest quarter;
thence North 00 degrees 00 minutes 08 seconds West along the west line of said half quarter
2631.74 to the northwest comer thereof; thence North 89 degrees 15 minutes 26 seconds East
along the north line of the Northwest Quarter 693.79 feet to a railroad spike at the northwest
comer of a tract of land described in a deed to Stumm, et al, and recorded as instrument number
9601331 in the Office of the Recorder of Hamilton County; thence South 00 degrees 02 minutes
24 seconds East along the west line thereof and along the west line of a tract of land described in
a deed to Smith, recorded in Deed Book 154 page 17 a distance of 660.00 feet to a 5/8"x30" rebar
with yellow plastic cap marked "SCHNEIDER ENG FIRM g0001" (hereinafter referred to as
"REBAR/CAP") at the southwest comer of said Smith tract; thence North 89 degrees 15 minutes
26 seconds East along the south line thereof and along the south line of a tract of land described
in a deed to Toll, recorded in Deed Book 310 page 838 a distance of 594.00 to a REBAP,/CAP at
the southeast comer of said Toll tract; thence Noah 00 degrees 02 minutes 24 seconds West along
the east line thereof 329.99 feet to a REBAPdCAP on the westerly extension of the south line of a
tract of land described in a deed to Sullivan, recorded in Deed Book 327 page 646; thence Noah
89 degrees 14 minutes 34 seconds East along said extension and said south line 211.43 to a
REBAPdCAP at the southeast comer thereof; thence North 00 degrees 03 minutes 50 seconds
West along the east line thereof 330.00 feet to a railroad spike on the north line of the Northeast
Quarter; thence North 89 degrees 14 minutes 34 seconds East along said north line 120.00 feet to
a railroad spike at the northwest comer of a tract of land described in a deed to Stumm, recorded
in Deed Book 281 page 412; thence South 00 degrees 03 minutes 50 seconds East along the west
line thereof 330.00 feet to a REBAR/CAP at the southwest comer thereof; thence North 89
degrees 14 minutes 34 seconds East parallel with the north line of the Northeast Quarter 1056.00
feet to the southeast comer of a tract of land described in a deed to Frederick, recorded as
instrument number 9545201, and on the east line of the west half of the Northeast Quarter; thence
South 00 degrees 03 minutes 50 seconds East along said east line 2030.77 feet to the northeast
comer of a tract of land described in a deed to Lasher, recorded as instrument number 9213826;
thence South 89 degrees 15 minutes 12 seconds West along the north line thereof 130.00 feet to a
REBAR/CAP at the northwest comer thereof; thence South 00 degrees 03 minutes 50 seconds
East along the west line of said Lasher tract 271.00 feet to a railroad spike on the south line of the
Northeast Quarter; thence South 89 degrees 15 minutes 12 seconds West along the south line of
said quarter 365.00 feet to the a railroad spike at the southeast comer of a tract of land described
in a deed to Frank, recorded in Deed Book 163 page 280; thence North 00 degrees 04 minutes 33
seconds West 330.00 feet to the southeast comer of a tract of land described in a deed to Pierson,
recorded as instrument number 9364918; thence North 01 degrees 13 minutes 35 seconds East
along the east line thereof 60.44 feet to a REBAR/CAP, thence the following thirteen (13)
courses along the lines of said tract, nine (9) of which are also along Elliott Creek; (1) North 27
degrees 36 minutes 44 seconds West 177.33 feet; (2) North 17 degrees 26 minutes 49 seconds
West 57.75 feet; (3) North 06 degrees 33 minutes 38 seconds East 59.39 feet; (4) North 88
degrees 53 minutes 52 seconds West 380.61 feet; (5) North 54 degrees 23 minutes 18 seconds
West 158.25 feet; (6) North 32 degrees 36 minutes 31 seconds West 96.43 feet; (7) North 08
degrees 48 minutes 39 seconds West 159.88 feet; (8) North 36 degrees 36 minutes 53 seconds
West 43.86 feet; (9) North 56 degrees 59 minutes 39 seconds West 141.03 feet; (10) South 00
degrees 49 minutes 57 seconds East 725.49 feet; (11) South 73 degrees 29 minutes 19 seconds
East 139.54 feet; (12) North 89 degrees 15 minutes 15 seconds East 50.00 feet; (13) South 01
degrees 00 minutes 58 seconds East 356.12 feet to a railroad spike on the south line of the
Northeast Quarter; thence South 89 degrees 15 minutes 12 seconds West along the south line
thereof 222.21 feet to a Stone in two boxes 1.2 feet down at the southwest comer of the Northeast
Quarter; thence South 89 degrees 14 minutes 59 seconds West along the south line of the
Northwest Quarter 1339.34 feet to the Point of Beginning.
Also, part of the Southeast Quarter of said Section 29 being described as follows:
Commencing at the aforesaid Point A?on the South line of said Southeast quarter; thence South
88 degrees 51 minutes 10 seconds West along said South line a distance of 627.23 feet to the
Point of Beginning at the Southwest comer of the land described in a deed to Wendy Fortune
(Instrument Number 8915090, Office of the Recorder of Hamilton County, Indiana); thence
continuing South 88 degrees 51 minutes 10 seconds West along said South line a distance of
668.05 feet to the Southwest comer of said Southeast quarter; thence North 00 degrees 24
minutes 33 seconds West along the West line of said Southeast quarter a distance of 1437.39 feet
to a point distant 1203.96 feet South of the Northeast comer thereof; thence North 88 degrees 29
minutes 35 seconds East a distance of 658.94 feet to a westerly comer of the aforesaid Fortune
tract; thence South 00 degrees 46 minutes 26 seconds East along the West line thereof a distance
of 1441.43 feet to the Point of Beginning.
EXHIBIT B
AMENDED AND RESTATED ORDINANCE Z-330
CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON A PETITION TO AMEND
THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-387-02
Village of West Clay
Planned Unit Development District (PUD)
To:
The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the application of
Brenwick TND Communities, LLC, (Docket No. 11-02 OA) petitioning to amend the
development requirements established under The WestClay Village Planned Unit Development
Ordinance No. Z-330 as previously established by the Common Council of the City of Carmel,
Indiana. The area affected is generally located on the southeast and southwest comer of West
131st Street and Towne Road, Hamilton County, Indiana.
The Carmel/Clay Plan Commission's recommendation on the petition of Brenwick TND
Communities, LLC, is FAVORABLE.
At a regularly scheduled meeting of Tuesday, June 18, 2002, the Carmel/Clay Plan Commission
voted thirteen (13) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common
Council the proposed Ordinance No. Z-387-02 with a Favorable Recommendation.
Please be advised that by virtue of the Plan 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. Ninety days from the date of this Certification is
Thursday, September 26, 2002.
DATED: Friday, June 28, 2002
2002-06-28; Z-38%02 Village of WestClay Certification
CARMEL/CLAY PLAN COMMISSION
,/
l~rjly-n A~le~-, Presid~nt/~
RECEIVED
JUN >'002
CAP, M E L CL[[~K
TRE ASU;~:ER