PUD Amendment_Red Line - v4 to v7b 12-08-22 Sponsor: Councilor ________
ORDINANCE Z-___-2223
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 (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), 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, the Common Council adopted the Legacy Planned Unit Development
Ordinance, Ordinance Number Z-501-07, on January 22, 2007, which established the Legacy
PUD District, and
WHEREAS, the Common Council amended the Legacy Planned Unit Development
ordinance, Ordinance Z-501-07 by the enactment of Ordinance Z-637-18, on December 17,
2018, (collectively, 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 September 20, 2022 regarding the
2022 Legacy PUD Amendment, which application was docketed as PZ-2022-00147 OA, and
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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.
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.
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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
development of final residential building designs provided all applicable
Development Requirements are met, including ADLS Approval. All
Structures including residential Uses 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. TheThe Residential Uses on 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.
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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, as proposed
with modifications identified below in this Section, and also
identifying the Real Estate which is outlined in yellow, is hereby
incorporated by reference (the “Use Block Map”).
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, of the Legacy PUD, shall not apply. The Minimum Square
footage shall be 1,000 square feet and the following shall apply:
1. Minimum Front Yard Setback: Eight (8) feet including covered porch.
a. Eight (8) feet measured from covered porch or stoop to the
sidewalk which runs parallel to a street, alley or parking area
(space).
b. A minimum of five (5) feet is permitted between the side of a
Dwelling and a sidewalk which runs parallel to a street, or parking
area (space).
2. Minimum Distance between buildings: Ten (10) feet.
3. Minimum Rear Yard Setback: Eight (8) feet except adjacent to alleys
where the minimum setback shall not apply.
F. Attached Dwellings shall be subject to (i) the Architectural Design
Requirements of Section 6 of this 2022 Legacy PUD Amendment
Ordinance, and (ii) the Development Standards of Exhibit 9 of the Legacy
PUD. as amended below:
1. Minimum Front Yard Setback:
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a. Eight (8) feet measured from covered porch or stoop to the
sidewalk which runs parallel to a street, alley or parking area
(space).
b. Zero (0) setback shall be permitted from an alley where a garage
door abuts the alley (see Concept Plan).
c. A minimum of five (5) feet is permitted between the side of a
Dwelling and a sidewalk which runs parallel to a street, or parking
area (space).
2. Minimum Distance between buildings: Ten (10) feet.
3. Minimum Rear Yard Setback: Eight (8) feet except adjacent to alleys
where the minimum setback shall not apply.
G. Apartment Buildings shall not be subject to Section 6 of the Legacy PUD,
however Apartment Buildings shall be subject to (i) the Architectural
Design Requirements of Section 6 of this 2022 Legacy PUD Amendment
Ordinance and (ii) the Development Standards of Exhibit 9 of the Legacy
PUD.
H. 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.
I. Primary Uses on the first floor of a minimum of one (1) of the two
(2)northern-most multi-story buildingsbuilding along Community Drive
shall (i) include but not be limited to leasing, gym, resident café (or
similar) and), co-working space and other permitted commercial uses, (ii)
and occupy a minimum of 6,000 square feet.
Section 5. Maximum Unit Limitations:
A. Section 17.1 (Primary Residential Density) of the Legacy PUD is
replaced and superseded in its entirety by the following:
Application of this Section 5, regarding maximum unit limitations, shall
regulate all dwellings on the Real Estate as Apartments as all are for rent
dwelling units, even though they take the form of an Attached or Detached
Dwelling and are regulated per Section 6 – Architectural Design of this
Ordinance.
The total number of Detached Dwellings, Attached Dwellings,
Apartments, and CCRC Cottages shall not exceed one thousand four
hundred and forty-seven (1,447), may occur in any combination subject
only to the limitation of Section 5 of this Ordinance, are referred in the
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Chart in Section 17.3 of the Original Legacy PUD as “Base Units”, and
may occur in any combination subject only to the limitations below:
1. Maximum Attached Dwellings. Without the approval of the Plan
Commission, there shall be no more than fivefour hundred and eighty-
eight (588seventy-six (476) Attached Dwellings.
2. Maximum Apartments. [unchanged] Without the approval of the
Plan Commission, there shall be no more than threesix hundred eighty-
nine (389nineteen (619) Apartments.
B. Section 17.2 (Ancillary Use Limitations) of the Original Legacy PUD is
amended to replace “one thousand two hundred fifty (1,250)” with the
limitation amended above, “one thousand four hundred and forty-seven
(1,447)”. The regulation of Ancillary Units is otherwise unchanged and
remains regulated per Section 17.2 and Section 17.3 of the Legacy PUD.
However, no CCRC Dwellings shall be permitted on the Real Estate.
C. The totalmaximum number of Detached Dwellings, Attached Dwellings,
and Apartments, permitted on the Real Estate shall not exceed three
hundred and fifty (350).
D. 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 Residential 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. 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.
B. Use of Masonry:
1. A minimum of thirty (30) percent of all cottage units will have
18”-36” masonry wainscot. In satisfaction of this standard,
masonry shall not be required on a façade enclosed by a fence
within a private courtyard space.
2. On the multi-story, with the exception of the area allocated for
retail usage, which will receive more appropriate retail storefront
glazing, the first floor of the multi-story building will receive a
masonry component.
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3. Only one (1) type and color of masonry shall be used on a
Dwelling (no stone / brick combinations shall be used on a
Dwelling by way of example).
C. The number of windows shall be provided as illustrated on the Dwelling
elevations provided on Exhibit D.
D. Anti-monotony: No Dwelling design shall repeat across a 6-unit run along
a street.
Section 7. Signage:
A. Section 15.1 (Residential Signs) of the Legacy PUD is replaced and
superseded in its entirety byshall not apply to the residential uses on the
Real Estate, rather the following shall apply:
1. Signs as depicted in Exhibit E shall be permitted (“Permitted “Signs).
2.1. Permitted Signs shall be consistent with the type and style of Signs
depicted in Exhibit E subject to (i) ADLS Approval by the Plan
Commission. and (ii) compliance with the UDO standards
regarding number, type, size and height. Monument sign(s) shall
not require a cap design element as specified in the UDO.
3.2. Modifications to Permitted Signs may be approved by the Plan
Commission as part of the review of an ADLS or ADLS
Amendment Application.
3. All signs for non-residential uses shall be subject to the standards of
UDO as amended only by the Legacy PUD.
Section 8. 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;
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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 buildingbuildings 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.
F. Dog DNA testing will be included as part of all lease agreements in order
to control animal waste collection.
Section 9. Additional Standards.
A. Landscaping:
1. The western perimeter sidewalk as illustrated on the Concept Plan shall be
planted with new trees and shrubs providing enhanced buffering between
the Real Estate and the adjacent common (preserve) area.
2. All landscaping on the Real Estate shall be maintained in substantial
compliance with the approved landscaping plan; however, alternative
planting materials may be permitted subject to the approval by the Urban
Forester.
B. ADA:
1. The design and layout for ADA access will include a ramp entrance to the
main entrance of the amenity space.
2. All sidewalks/crosswalks/paths will be designed per ADA requirements.
C. There shall be a minimum of three (3) raised pedestrian crosswalks included
on the Real Estate as traffic calming measures.
D. Fence Design along 146th Street: The fence that runs generally parallel with
146th Street along the north side of the residential use shall be in substantial
compliance with the Fence Character Example hereby incorporated and
attached as Exhibit D subject to ADLS Approval by the Plan
Commission.
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Section 10. General Maintenance and Maintenance Enforcement:
A. All landscaping and all vertical improvements (including but not limited to,
buildings, fencing, light poles, common area amenities, pool facilities, etc.)
that are installed on the Real Estate by the Controlling Developer shall be
properly maintained by either the Controlling Developer or the Controlling
Developer’s successors, transferees and/or assigns in interest. This includes
but is not limited to the repair, removal and timely replacement of missing,
damaged or dilapidated materials.
B. The maintenance obligations set forth above shall be subject to the Article 10
Enforcement provisions of the City of Carmel’s Unified Development
Ordinance, as may be amended from time to time.
Section 11. This 2022 Legacy Amendment Ordinance Number Z-___-2223 shall be in full force
and effect from and after its passage by the Common Council and signing by the Mayor.
Section 1012. Exhibits. All of the Exhibits (A-EF) on the following pages are attached to this
2022 Legacy PUD Amendment Ordinance, are incorporated by reference into this 2022 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
See Following Page
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Exhibit D
Architectural Character Imagery
See Following 26 Pages
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Exhibit E
Fence Character Example
See Following Page
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Exhibit F
Signage
AddSee Following 23 Pages
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of
________, 20222023, 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 _______________________
20222023, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________
20222023, 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 4 0906227b 120822