PUD Amendment 07-22-22 Sponsor: Councilor ________
ORDINANCE Z-___-22
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE LEGACY
PLANNED UNIT DEVELOPMENT DISTRICT (Z-501-07)
Synopsis:
Ordinance establishes an Amendment to the Legacy Planned Unit Development District
Ordinance, Ordinance Number Z-501-07 which Amendment shall be referred to as the 2022
Legacy PUD Amendment Ordinance Number Z-___-22 (the “2022 Legacy PUD Amendment
Ordinance”). The 2022 Legacy PUD Amendment Ordinance amends certain provisions of the
original Legacy PUD Ordinance Number Z-501-07 (as amended), which was adopted by the
Common Council on January 22, 2007 (the “Legacy PUD”) pertaining to the Use Blocks,
Maximum Unit Limitations, and removing units from the future use of the existing Amenity Area
within the Legacy.
WHEREAS, the Carmel Unified Development Ordinance, Ordinance Z-625-17, as
amended (the “Unified Development 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, on January 22, 2007 the Common Council adopted the Legacy Planned
Unit Development Ordinance, Ordinance Number Z-501-07 which established the Legacy PUD
District (the “Legacy PUD”); and
WHEREAS, Advenir Oakley Development, LLC (“Advenir Oakley”) submitted an
application to the Carmel Plan Commission (the “Plan Commission”) to amend the Legacy PUD
District Ordinance (the “2022 Legacy PUD Amendment’) for certain real estate in the City of
Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real
Estate”); and
WHEREAS, the application is consistent with the provisions of the UDO and PUD
Statute; and
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
UDO, the Plan Commission conducted a public hearing on __________, 2022 regarding the
2022 Legacy PUD Amendment, which application was docketed as ____________ PUD, and
WHEREAS, the Plan Commission has given a __________ recommendation to this
Legacy 2022 PUD Amendment Ordinance, which Legacy 2022 PUD Amendment Ordinance
amends certain provisions of the Legacy PUD with respect to the Real Estate.
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NOW, THEREFORE, BE IT ORDAINED by the Council, that: (i) pursuant to IC §36-7-
4-1500 et seq., the Council adopts this 2022 Legacy PUD Amendment Ordinance, as an
amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any
provision of this 2022 Legacy PUD Amendment 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 or parts thereof inconsistent with any provision of this
2022 Legacy PUD Amendment Ordinance shall be null and void and replaced and superseded by
this 2022 Legacy PUD Amendment Ordinance; and, (iv) this 2022 Legacy PUD Amendment
Ordinance shall be in full force and effect from and after its passage and signing.
Section 1. Applicability of Ordinance:
A. Development of the Real Estate shall be governed entirely by (i) the
provisions of this 2022 Legacy PUD Amendment Ordinance and its
exhibits, and (ii) those provisions of the Legacy PUD, as amended by this
2022 Legacy PUD Amendment Ordinance.
B. All provisions of the Legacy PUD not affected by this 2022 Legacy PUD
Amendment Ordinance shall continue, unchanged, and the Legacy PUD
Ordinance, as amended, shall remain in full force and effect.
Section 2. Definitions and Rules of Construction:
A. General Rules of Construction. The following general rules of
construction and definitions shall apply to the 2022 Legacy PUD
Amendment Ordinance:
1. The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
2. Words used in the present tense include the past and future tenses, and
the future the present.
3. The word “shall” indicates a mandatory requirement. The word “may”
indicates a permissive requirement.
B. Definitions. The definitions (i) of the capitalized terms set forth below in
this Section 2, as they appear throughout this 2022 Legacy PUD
Amendment Ordinance, shall have the meanings set forth below in this
Section 2.2 and (ii) of all other capitalized terms included in this 2022
Legacy PUD Amendment Ordinance and not defined below in this Section
2, shall be the same as set forth in the Legacy PUD and UDO.
Architectural Character Imagery: These comprise the elevations and
perspectives, attached hereto Exhibit D (Architectural Character
Imagery). The Architectural Character Imagery shall be the basis for the
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development of final building designs provided all applicable
Development Requirements are met, including ADLS Approval. All
Structures on the Real Estate shall be developed in substantial compliance
with the Architectural Character Imagery subject to ADLS Approval by
the Plan Commission.
Concept Plan: The general plan for the development of the Real Estate,
including but not limited to lots, streets and common areas attached hereto
as Exhibit C (Concept Plan).
Controlling Developer: Shall mean Advenir Oakley Development, LLC
or the owner of the Real Estate at the time of adoption of the 2022 Legacy
PUD Amendment Ordinance, until such time as Advenir Oakley
Development, LLC or the owner transfers or assigns, in writing, its rights
as Controlling Developer.
Development Requirements: Written development standards and any
written requirements specified in this 2022 Legacy Amendment PUD
Ordinance, which must be satisfied in connection with the approval of a
Development Plan and Building Permits.
Real Estate: The Real Estate legally described in Exhibit A (Legal
Description).
Unified Development Ordinance (or “UDO”): The Unified Development
Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County,
Indiana, as amended.
Zone Map: The City’s official Zone Map corresponding to the UDO.
Section 3: Concept Plan:
A. The Concept Plan, attached hereto as Exhibit C, is hereby
incorporated by reference (the “Concept Plan).
B. The Real Estate shall be developed in substantial compliance with the
Concept Plan subject to Development Plan Approval by the Plan
Commission. Substantial compliance shall be regulated in the same
manner as the “substantially or materially altered” provisions of the
UDO as it applies to Development Plans.
Section 4: Use Blocks:
A. Attached hereto as Exhibit B, is a copy of the Legacy PUD Use Block
Map illustrating the Use Blocks within the Legacy PUD and also
identifying the Real Estate, is hereby incorporated by reference (the
“Use Block Map”).
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B. Section 7. (Primary Office Use Block) of the Original Legacy PUD is
deleted.
C. The Use Block Map shall be amended by incorporating, in total, the area
identified as Primary Office (PO) into the Urban Residential (UR) Use
Block area.
D. Development of the Real Estate shall be subject to the Permitted Uses,
Landscaping, Lighting, Parking and Signage as applicable within the
Urban Residential (UR) Use Block and Village Core (VC) Use Block of
the Legacy PUD.
E. Detached Dwellings shall be subject to the Architectural Standards of
Exhibit 8 of the Legacy PUD. Exhibit 8 Lot and Setback Development
Standards shall not apply and the Minimum Square footage shall be 1,000
square feet.
F. Attached Dwellings and Apartment Buildings shall (i) be subject to the
Architectural Design Requirements of Section 6 of this 2022 Legacy PUD
Amendment Ordinance and (ii) dwellings shall be a minimum of 750
square.
G. A maximum of forty (40) dwellings (flats, Lofts, apartments) are
permitted per multi-story building along Community Drive and Equality
Boulevard as illustrated on the Concept Plan.
H. Primary Uses on the first floor of a minimum of one of the two multi-story
buildings along Community Drive shall include but not be limited to
leasing, gym, resident café (or similar) and co-working space.
Section 5. Maximum Unit Limitations:
A. Section 17 (Maximum Unit Limitations) of the Legacy PUD is replaced
and superseded in its entirety by the following: The total number of
Detached Dwellings, Attached Dwellings, and Apartments, on the Real
Estate shall not exceed three hundred and fifty (350).
B. There shall be no more than one-hundred and twenty (120) Apartments
located within in the three (3) multi-story buildings located along
Community Drive and Equality Boulevard.
Section 6. Architectural Design:
A. All Structures on the Real Estate shall be in substantial compliance with
the Architectural Character Imagery hereby incorporated and attached
as Exhibit D subject to ADLS Approval by the Plan Commission.
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Substantial compliance shall be regulated in the same manner as the
“substantially or materially altered” provisions of the UDO as it
applies to Architectural Design.
Section 7. Amenity Area:
A. The Controlling Developer shall construct an amenity area (the “Amenity
Area”) on the Real Estate.
B. The Amenity Area shall contain, at a minimum, the following
improvements:
1. One (1) outdoor pool of a minimum size of one thousand nine
hundred fifty (1,950) square feet;
2. Outdoor seating and grilling stations.
3. A clubhouse with a minimum size of one thousand five hundred
(1,500) square feet including changing rooms, fitness center and
storage;
C. In addition to the clubhouse an additional 1,500 square foot building /
area(s) will be constructed as part of the Amenity Area or within one of
the multi-story building along Community Drive which will include a
leasing center and centralized mail delivery.
D. The Controlling Developer shall complete construction of the Amenity
Area, clubhouse and leasing office buildings prior to occupancy of the
dwellings on the Real Estate by residents.
E. The Amenity Area shall serve residents of the Real Estate. The Real
Estate shall not be part of the association entitled to the use of the other
amenity areas which serve the other neighborhoods within the Legacy
PUD.
Section 8. This 2022 Legacy Amendment Ordinance Number Z-___-22 shall be in full force and
effect from and after its passage by the Common Council and signing by the Mayor.
Section 9. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this
2022 Legacy PUD Amendment Ordinance, are incorporated by reference into this Legacy PUD
Amendment Ordinance and are part of this 2022 Legacy PUD Amendment Ordinance.
The remainder of this page is left blank intentionally.
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Exhibit A
Real Estate
A PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 4 EAST,
HAMILTON COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF COMMON AREA #2 IN THE RIDGE AT THE LEGACY
SECTION 1 (AKA THE RESIDENTIAL PHASE ONE, SECTION ONE), AS RECORDED IN INSTRUMENT
NUMBER 2013002737 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THE
FOLLOWING 4 COURSES FALL ON AND ALONG THE SOUTH RIGHT-OF-WAY OF 146TH STREET AS
DESCRIBED IN INSTRUMENT NUMBER 2001065741 IN SAID RECORDER’S OFFICE; (1) SOUTH 84
DEGREES 03 MINUTES 06 SECONDS EAST, 15.14 FEET; (2) NORTH 87 DEGREES 46 MINUTES 14
SECONDS EAST, 197.10 FEET; (3) SOUTH 89 DEGREES 22 MINUTES 02 SECONDS EAST, 1246.72 FEET;
(4) SOUTH 88 DEGREES 09 MINUTES 51 SECONDS EAST, 328.47 FEET TO THE WEST RIGHT-OF-WAY
OF COMMUNITY DRIVE AS DESCRIBED IN INSTRUMENT NUMBER 2008043636 IN SAID RECORDER’S
OFFICE; THE FOLLOWING 7 COURSES FALL ON AND ALONG SAID WEST RIGHT-OF-WAY OF
COMMUNITY DRIVE; (1) SOUTH 00 DEGREES 00 MINUTES 14 SECONDS EAST, 224.10 FEET; (2)
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 435.43 AND AN ARC LENGTH OF 34.61 AND
HAVING A LONG CHORD BEARING OF S02°07'37"W AND A DISTANCE OF 34.60'; (3) SOUTH 04
DEGREES 21 MINUTES 13 SECONDS WEST, 242.38 FEET; (4) ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 544.50' AND AN ARC LENGTH OF 41.41 AND HAVING A LONG CHORD BEARING OF
S02°10'29"W AND A DISTANCE OF 41.40; (5) SOUTH 00 DEGREES 00 MINUTES 14 SECONDS EAST,
88.34 FEET; (6) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 544.50' AND AN ARC LENGTH
OF 29.30 AND HAVING A LONG CHORD BEARING OF S01°32'44"E AND A DISTANCE OF 29.30'; (7)
SOUTH 03 DEGREES 05 MINUTES 13 SECONDS EAST, 135.88 FEET TO THE NORTH RIGHT-OF-WAY
LINE OF EQUALITY BOULEVARD AS DESCRIBED IN INSTRUMENT NUMBER 2015002813 IN SAID
RECORDERS OFFICE; THE FOLLOWING 2 COURSES FALL ON AND ALONG SAID NORTH RIGHT-OF-
WAY OF EQUALITY BOULEVARD; (1) SOUTH 86 DEGREES 54 MINUTES 36 SECONDS WEST, 146.59
FEET; (2) SOUTH 89 DEGREES 59 MINUTES 46 SECONDS WEST, 212.88 FEET TO THE SOUTHEAST
CORNER OF COMMON AREA #7 IN THE WINDWARD AT LEGACY TOWNHOMES, AS RECORDED IN
INSTRUMENT NUMBER 2021066606 IN SAID RECORDER’S OFFICE; THE FOLLOWING 7 COURSES
FALL ON AND ALONG THE NORTH AND EAST LINES OF SAID COMMON AREA #7; (1) NORTH 00
DEGREES 00 MINUTES 37 SECONDS WEST, 3.16 FEET; (2) ALONG A NON TANGENT CURVE TO THE
LEFT HAVING A RADIUS OF 232.00' AND AN ARC LENGTH OF 43.95' AND HAVING A LONG CHORD
BEARING OF S84°33'51"W AND A DISTANCE OF 43.89'; (3) SOUTH 79 DEGREES 08 MINUTES 11
SECONDS WEST, 167.81 FEET; (4) ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 768.00'
AND AN ARC LENGTH OF 145.48' AND HAVING A LONG CHORD BEARING OF S84°33'47"W AND A
DISTANCE OF 145.26'; (5) SOUTH 89 DEGREES 59 MINUTES 23 SECONDS WEST, 140.35 FEET; (6)
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00' AND AN ARC LENGTH OF 23.56' AND
HAVING A LONG CHORD BEARING OF N45°00'37"W AND A DISTANCE OF 21.21'; (7) NORTH 00
DEGREES 00 MINUTES 37 SECONDS WEST, 174.27 FEET TO THE NORTH LINE OF SAID WINDWARD
AT LEGACY TOWNHOMES; THENCE SOUTH 89 DEGREES 59 MINUTES 23 SECONDS WEST ON AND
ALONG SAID NORTH LINE 891.32 FEET TO THE EAST LINE OF COMMON AREA #8 IN THE RIDGE AT
THE LEGACY SECTION 3 AS DESCRIBED IN INSTRUMENT NUMBER 2014054239 IN SAID
RECORDER’S OFFICE; THE FOLLOWING 3 COURSES FALL ON AND ALONG SAID EASTERN LOT LINE
OF COMMON AREA #8; (1) NORTH 00 DEGREES 29 MINUTES 16 SECONDS WEST, 83.68 FEET; (2)
NORTH 89 DEGREES 59 MINUTES 18 SECONDS WEST, 14.15 FEET; (3) NORTH 00 DEGREES 00
MINUTES 42 SECONDS EAST, 484.95 FEET TO THE SOUTHEAST CORNER OF SAID COMMON AREA #2
IN THE RIDGE AT THE LEGACY SECTION 1 (AKA THE RESIDENTIAL PHASE ONE, SECTION ONE);
THENCE NORTH 00 DEGREES 00 MINUTES 40 SECONDS EAST, 109.86 FEET ON AND ALONG SAID
EAST COMMON AREA LINE TO THE POINT OF BEGINNING. CONTAINING 30.70 ACRES OF LAND,
MORE OR LESS.
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Exhibit A
Real Estate
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Exhibit B
Use Block Map
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Exhibit C
Concept Plan
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Exhibit D
Architectural Character Imagery
See Following 10 Pages
NEED NOT BE BUILT
1064 SQ FT
Cottage - 2 Bedroom
Elevation
Main Level
Private Yard
B201
NEED NOT BE BUILT
Cottage Duplex - 1& 2 Bedroom
728/1064 SQ FTA201/B201
Elevation
Main Level
Private YardPrivate Yard
NEED NOT BE BUILT
1372 SQ FTC400
Townhouse - 3 Bedroom
Lower Level Upper Level
Elevation
Private Yard
NEED NOT BE BUILT
Townhouse Twin - 3 Bedroom
1372/1372 SQ FTC400/C400
Lower Level Upper Level
Elevation
Private Yard
NEED NOT BE BUILT
Clubhouse Leasing
1456 SQ FT
Elevation
Floor Plan
NEED NOT BE BUILT
Clubhouse Fitness
1456 SQ FT
Elevation
Floor Plan
NEED NOT BE BUILT
2 Bedroom Cottage Attached Garage
1456 SQ FT
Elevation
Floor Plan
NEED NOT BE BUILT
3 Bedroom Cottage Attached Garage
1456 SQ FT
First Floor Plan Second Floor Plan
Elevation
NEED NOT BE BUILT
Carriage House - 2 Bedroom (Interior Stair)
Elevation
Upper Floor Plan
Lower Floor Plan
2020 SQ FT
NEED NOT BE BUILT
Stacked Duplex - 2 Bedroom
Elevation
Upper Floor PlanLower Floor Plan
2173 SQ FT
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of
________, 2022, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Laura D. Campbell, President Sue Finkam, Vice-President
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________
2022, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________
2022, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
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.
Legacy PUD - 2022 Amendment - Draft 1 072122