Z-559-12 Highpointe on Meridian PUDSponsor: Councilors Rider, Sharp and Snyder
Ordinance No. Z- 559 -12
As Amended
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA ESTABLISHING
THE HIGHPOINTE ON MERIDIAN
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z -289, (the "Carmel 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.;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that pursuant to I.C. § 36 -7 -4 -1500 et seq., it hereby adopts this ordinance, (the
"Ordinance ") to establish the Highpointe On Meridian Planned Unit Development District, as an
amendment to the Carmel Zoning Ordinance.
Section 1. Applicability of Ordinance.
Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Carmel Zoning Ordinance, is hereby changed to designate the land described in
Exhibit "A ", (the "Real Estate "), as a planned unit development district.
Section 1.2. Development in the planned unit development district will be governed
entirely by the provisions of this Ordinance, with the exception that provisions of the
Carmel Zoning Ordinance specifically referenced within this Ordinance will also apply.
All prior ordinances or parts thereof inconsistent with any provision of this Ordinance and
its exhibits are hereby inapplicable to the use and development of the Real Estate.
Section 1.3. Any capitalized term not defined herein will have the meaning as set forth
in the Carmel Zoning Ordinance.
Section 2. Plan Commission Approval and Zoning Waiver.
Section 2.1. Development Plan. The Commission will review the Development Plan
(DP) of any proposed use of any Lot or parcel of ground within the Real Estate prior to the
issuance of an Improvement Location Permit by the Department in accordance with and
pursuant to the provisions of this Ordinance and Section 24.02: Development Plan of the
Carmel Zoning Ordinance.
A. The Commission must approve, approve with conditions, or disapprove
the Development Plan (DP) for any tract of land within the Real Estate.
B. The Commission will hold a public hearing before it decides whether to
approve or disapprove a DP. However, no DP is required for additions to existing
structures which:
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a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure,
including exterior color and materials; doors and windows, other
detailing;
c. Meet with requirements of this Ordinance;
d. Do not exceed twenty percent (20 %) of the original gross floor
area of the existing structure, applicable from the date of this
ordinance, and,
e. Have received a prior ADLS approval from the Commission.
C. The Commission will review a DP application to determine if the DP
satisfies the development requirements specified in Sections 3.1 through 3.3 and
Sections 5.1 through 5.8 of this Ordinance. The Commission's review will also
include, but not be limited to, the following items:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Surrounding zoning and existing land use;
d. Streets, curbs and gutters, sidewalks, and bicycle paths;
e. Access to public streets;
f. Driveway and curb cut locations in relation to other sites;
g.
h.
General vehicular and pedestrian traffic;
Vehicle and bicycle parking facilities and internal site circulation;
i. Special and general easements for public or private use;
j. On -site and off -site surface and subsurface storm water drainage
including drainage calculations;
k. On -site and off -site utilities;
1. The means and impact of sanitary sewage disposal and water
supply techniques;
m. Dedication of streets and rights -of -way, or reservation of land to be
sold to governmental authorities for future development of streets
and rights -of -way;
n. Proposed setbacks, site landscaping and screening, and
compatibility with existing platted residential uses;
o. Project signage; and
P.
Compatibility of proposed project with existing development
within the Real Estate.
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D. The Commission will make written findings concerning each decision to
approve or disapprove a DP. The President of the Commission will be
responsible for signing the written findings of the Commission.
Section 2.2. Architectural Design, Exterior Lighting, Landscaping and Signage. To
insure the compatibility of the proposed use with adjoining areas, the Commission will
review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the Real Estate prior
to the issuance of an Improvement Location Permit by the Department in accordance with
and pursuant to the provisions of this Ordinance and Section 24.03: Architectural Design,
Exterior Lighting, Landscaping and Signage of the Carmel Zoning Ordinance.
Except as provided in Section 2.1 B. above, for all projects within the Real Estate, the
Commission will review and approve the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS), access to the property, site layout, parking and site
circulation, pursuant to Sections 5.9 through 8 of this Ordinance.
A. ADLS approval will be necessary prior to:
a. The establishment of any use of land;
b. The issuance of any Improvement Location Permit;
c. The erection, reconstruction or structural alteration of any
building(s) within the Real Estate; or
d. Any changes in any site improvements.
B. An amendment to an ADLS may be reviewed and approved by a
committee of the Commission according to the Rules of Procedure. However,
any interested party may appeal the decision of the committee directly to the
Commission.
Section 2.3. Zoning Waiver. Excepting for the following sections:
3.2: Retail and Service Uses 6.2: Landscaping Standards
5.1: Maximum Building Heights 7 C: Bicycle Parking
5.3 B.: Minimum/Maximum Building Setbacks 8: Lighting Requirements
5.4: Minimum Side and Rear Yards 9.3 B.: Maximum Sign Area
5.6: Multi- Family Housing Complex 10: Hours for Deliveries and
Maximum Number of Units Trash Pickup
5.9: Building Character and Architectural
Design Requirements
the applicant may request a Plan Commission Waiver to the dimensional and quantitative
standards contained in the other provisions of this Ordinance, by not greater than thirty-
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five percent (35 %). The Commission may, after a public hearing, grant a Plan
Commission Waiver of the Development Requirements of this Ordinance; provided
however, that any Plan Commission Waiver greater than ten percent (10 %) must also be
approved by the Common Council of the City of Carmel before such Plan Commission
Waiver will be effective. Any approval to permit such a waiver will be subject to the
following criteria:
A. The proposal will be in harmony with the purposes and the land -use
standards contained in this Ordinance.
B. The proposal will not produce a Site Plan or street/circulation system that
would be impractical or detract from the appearance of the Development Plan,
and will not adversely affect emergency vehicle access or deprive adjoining
properties of adequate light and air.
C. The proposal exhibits creative building and site design characteristics,
including, but not limited to: architectural style and /or scale, landscape treatment,
tree preservation, public art, provisions for bicycles and /or mass transit, reduced
surface parking coupled with provisions for above or below ground parking
facilities.
In granting a waiver, the Commission may impose such reasonable conditions that will, in
its judgment, promote the purposes of this Ordinance. This Section does not affect the
right of an applicant under Indiana law to petition the Board of Zoning Appeals for a
variance from development standards, as provided in IC 36 -7 -4 -918.5 and the Carmel
Zoning Ordinance.
Section 3. Permitted Uses.
Section 3.1. Permitted Primary Uses.
Amenity Area
Artificial Lake or Pond
Automated Teller Machine
Clinic or medical health center
College or University (w /o housing)
Continuing Care Retirement Community
Day Care
Financial Institution
General Office
General Retail and Personal Services -
(subject to space and operation limitations)
Health and Fitness Facility
Kindergarten / Pre School / Private School
Medical Office
Multi- Family Housing Complex
Physical Therapy / Rehabilitation Facility
Private Parking Area
Professional Office
Trade or Business School
Restaurant (with walk -up window but no
drive -thru window)
Senior Living Community
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Section 3.2. Retail and Service Uses.
Retail and service uses may be included in one or more buildings within a DP, subject to
the following:
A. Retail and Service Uses may comprise up to:
a. Fifteen percent (15 %) of the Gross Floor Area (GFA) of any
building; or,
b. Up to thirty percent (30 %) of the GFA of one building may be
retail and service uses, provided that:
1. Total square footage of retail and service uses designated in
the development plan does not exceed fifteen percent (15 %) of the
GFA of all buildings combined; or,
2. Retail and service uses over fifteen percent (15 %) of the
GFA of any one building be located on the ground floor or below
grade.
B. The Commission may grant a zoning waiver to allow retail and service
uses to be located on floors other than ground or below - grade, pursuant to the
criteria found in Section 2.3 above.
Section 3.3. Accessory Buildings and Uses. All Accessory Buildings and uses which
are permitted in the B -5 zoning district (including Private Garages and carports) will be
permitted and will be subject to the provisions of Section 25.01.02 of the Carmel Zoning
Ordinance.
Section 3.4 Hours of Operation. The hours of operation for a Clinic or medical health
center, a College or University, a Day Care facility, a Health and Fitness Facility, Physical
Therapy /Rehabilitation Facility or a Trade or Business School will be restricted to 6:00
A.M. to 7:00 P.M. Monday thru Friday and from 8:00 A.M. to 12:00 Noon on Saturdays.
Any limitation in the hours of operation will not limit access to any building which will
remain unlimited at 24 hours a day, seven days a week.
Section 4. Definitions.
AMENITY AREA. An area, building and /or other facility containing amenity services,
recreational activities; fitness and /or exercise services and facilities, community rooms
and other facilities intended for the use of and to serve the residents of a Multi Family
Housing Complex, a Senior Living Community, as well as for office /service /retail tenants
and their employees located on the Real Estate; including, but not limited to: private
recreational facilities; swimming pools; changing areas and storage; recreational and
fitness areas and equipment; tennis, basketball, volleyball and multi - purpose sport courts;
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laundry facilities; concierge services; leasing / property management offices; meeting
rooms; and other facilities and amenities intended to benefit the development and use of
the Real Estate.
BUILDING HEIGHT. The vertical distance from the lot ground level to the highest
point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height
between eaves and ridges for gable, hip and gambrel roofs.
DAY CARE. A program for the care of preschool and school age children and /or adults
away from their permanent residence.
PRESERVATION /CONSERVATION AREA. The area of the Real Estate generally
located at the northeast end of the Real Estate south and west of the intersection of
Illinois Street and 136th Street as is depicted on Exhibit "B ", which is attached hereto and
made a part hereof.
SENIOR LIVING COMMUNITY. A senior housing development planned and operated
to provide a continuum of housing, accommodations, services and care for seniors,
including but not limited to independent living, assisted living, memory care and skilled
nursing care. and which may include support services and facilities; including, without
limitation, (i) indoor /outdoor recreation, (ii) physical therapy, (iii) entertainment rooms,
restaurants, and lounges, (iv) exercise rooms, (v) libraries, (vi) computer rooms, (vii)
kitchen, food service, and dining rooms, (viii) automatic teller machines, (ix)
administrative offices, (x) storage spaces, (xi) gift shops, and (xii) hair stylist/barber
shops.
Section 5. Height, Area and Architectural Requirements; Pedestrian and Bicycle Access.
Section 5.1 Maximum Building Heights.
OFFICE /COMMERCIAL: Three (3) stories but not greater than forty -five (45) feet;
MULTI - FAMILY COMPLEX/SENIOR LIVING COMMUNITY /CONTINUING CARE
RETIREMENT COMMUNITY: Three (3) stories but not greater than forty -five (45)
feet;
PROVIDED HOWEVER, within two hundred (200) feet of the property line of a single
family residential lot:
OFFICE: Not permitted under setback restrictions of Section 5.4 below;
COMMERCIAL: Two (2) stories but not greater than thirty -five (35) feet;
MULTI - FAMILY COMPLEX / SENIOR LIVING COMMUNITY /
CONTINUING CARE RETIREMENT COMMUNITY: Two (2) stories but not
greater than thirty -five (35) feet
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Section 5.2. Minimum Building Heights.
A. Principal Buildings: Twenty -six (26) feet or two (2) stories;
B. Accessory Buildings (including Private Garages and carports) and
Amenity Area buildings: one (1) story
Section 5.3. Illinois Street Right -of Way and Minimum Building Setbacks.
A. Due to the existing pipeline easement adjacent to the existing right -of -way
line of Illinois Street, the north half right -of -way of Illinois Street will remain at
forty -five (45) feet for as long as the pipeline easement remains, notwithstanding
the proposed standard of a sixty -five (65) foot half right -of -way under the Carmel
Clay Comprehensive Plan (2009 C3 Plan). The provisions of this Section 5.3 will
satisfy the requirements of Section 2.09 of the Carmel Zoning Ordinance for
compliance with the Thoroughfare Plan.
B. The minimum building setback on Illinois Street will be thirty (30) feet
from the right -of -way line of Illinois Street. The minimum building setback on
136th' Street will be twenty -five (25) feet from the right -of -way line of 136th
Street. The maximum building setback will be ninety -five (95) feet from the
right -of -way line of Illinois Street and one - hundred thirty (130) feet from the
right -of -way line of 136th Street. The minimum and maximum building setback
requirements do not apply to buildings with entrances that are not oriented toward
Illinois Street or 136th Street or buildings that are adjacent to the
Preservation/Conservation Area.
Section 5.4. Minimum Side and Rear Yards.
A. Multi- Family Housing Complex: Adjacent to a single family residential
zone - One hundred six (106) feet, except for that portion of the Real
Estate that is located immediately south of and adjacent to the Bentley
Oaks stormwater detention pond — Fifty (50) feet; Adjacent to other
residential, institutional or business use or zone - Five (5) feet.
B. Senior Living Community and other uses: Adjacent to a single family
residential zone — Fifty (50) feet; Adjacent to multi - family, other
residential, institutional or business use or zone - Five (5) feet.
C. Office: Adjacent to a single family residential zone — Three hundred (300)
feet; Adjacent to office, multi- family, other residential, institutional use or
business zone — Five (5) feet.
Section 5.5. Minimum Distance Between Buildings. Twenty (20) feet.
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Section 5.6. Multi- Family Housing Complex Maximum Number of Units. Two
Hundred Fifty (250) units.
Section 5.7. Maximum Parcel Coverage - Commercial. Sixty -five percent (65 %) (The
percentage of a parcel that can be developed for Buildings (principal and accessory),
parking structures and garages.)
Section 5.8. Maximum Floor Area Ratio — Commercial. Seventy percent (70 %). This
ratio is determined by dividing the Gross Floor Area of the building(s) (including
basements but excluding any covered parking) on a parcel by the total area of the parcel
Section 5.9. Building Character and Architectural Design Requirements. The building
character for the Highpointe on Meridian Planned Unit Development District is a Neo-
Italianate or Contemporary Italianate style; comprised of two and three story vertically
massed buildings with broad overhanging, low pitched roof shapes. Buildings often have
brackets beneath eave and porch elements and windows are of a tall, narrow proportion
with one and two pane divisions per sash. The following design requirements are
supportive of this building character. A conceptual depiction of this building character is
attached as Exhibit C for illustrative purposes only.
A. Minimum Unit Square Footage for Multi- Family Housing Complex Unit:
550 square feet.
B. Building Materials:
Multi- Family Housing Complex / Senior Living Community / other uses:
Building exteriors may be comprised of: stone, brick, wood, architectural pre -cast
and cementitious board (as primary material on first floor); other sidings
(excluding vinyl) are permitted on upper floors (Stucco or EIFS may also be
applied as trim detail but cannot exceed 10% of the overall non - window facade
area).
Office: A minimum of three (3) materials for building exteriors from the
following list: stone, brick, architectural pre -cast (panels or detailing),
architectural metal panels, glass and ornamental metal. Large expanses of glass
are allowed, up to seventy percent (70 %) of the facade area. The building may not
be constructed entirely of a metal and glass curtain wall. Stucco or EIFS may also
be applied as trim detail but cannot exceed 10% of the overall non - window facade
area.
C. Footprint: All buildings will be designed in order to eliminate
monotonous box buildings. Office buildings will be designed with a minimum of
eight (8) external corners.
D. Roof: The roofs of all buildings (excluding any canopy, porte cochere or
accessory building) will be a low sloped roof or a mansard roof, which wraps all
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sides of the building with broad overhangs and using brackets to accent
architectural features of the facade.
Multi- Family Housing Complex: Rooflines will not have unbroken lines greater
than one hundred (100) feet in length. Projecting hip and gable roof elements will
constitute a break in the roofline. Low sloped roofs will be either standing seam
metal or dimensional shingles with broad overhangs on tall cornices and using
brackets to accent architectural features of the facade.
Senior Living Community, Office and other uses: Sloped roofs will not exceed
one hundred ten (110) feet without a change in roof plane, or gable or dormer.
Low sloped roofs will be either standing seam metal or dimensional shingles with
broad overhangs and using brackets to accent architectural features of the facade.
Modulation of the roof and /or roof line will be required in order to eliminate box -
shaped buildings.
E. Wall Planes: Multi- Family Housing Complex: Walls will not have
unbroken planes greater than sixty (60) feet in length. Units may be differentiated
by plane and material changes and by separate entrances.
F. Porch/Entryways: Multi - Family Housing Complex: Stoops should be
covered to provide shelter. Individual porches, balconies, stoops or similar
outdoor space are encouraged on the front and /or rear of the building.
G. Facades: Continuous facades of more than one hundred (100) feet wide
will be designed with vertical offsets of not less than four (4) feet at intervals
which divide the facade. Offsets may be projecting, recessed or may be a simple
change in building material or detailing. Offsets are to be located to create
vertically scaled building massing in the office and Multi- Family Housing
Complex buildings.
H. Windows: In a Multi - Family Housing Complex, all window design will
be compatible with the style, materials, architectural detail and proportion of the
building. Additionally in a Multi- Family Housing Complex„ except for garages
and garage portions of a building, a minimum of two (2) windows per level, per
exposed facade, will be required (a vent may be substituted for a window on a
gable) and all windows will be fully framed and trimmed. Windows in an office
building or in a Multi- Family Housing Complex: (i) are to be of vertical
proportion with defined heads and sills; (ii) will have one or two pane divisions
per sash; and (iii) will not have groupings of windows that exceed five (5) units in
horizontal assembly. Window design in a Senior Living Community or a
Continuing Care Retirement Community will be compatible with the style,
materials, architectural detail, residential character and proportion of the building.
I. Trash Areas: Trash receptacle areas will be fully screened on all four (4)
sides to a minimum height equal to the height of the dumpster, bin or compactor
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plus two (2) feet. Screening materials will consist of the exterior building
materials of the principal building(s). All doors will have an automatic closure
mechanism such as spring loaded hinges. In a Multi - Family Housing Complex,
trash receptacle areas will include recycling bins.
J. Mechanical Equipment: Any mechanical equipment located on the
ground and visible from an adjoining public street will be fully screened by: (a)
suitable landscaping; (b) a screen fence or wall in general architectural
compatibility with the building(s) with which it is associated; or (c) a combination
of landscaping together with a screen fence or wall. Screening fences and walls
may include the following materials: aluminum, brick, wood, stone or other
attractive masonry screening materials. Rooftop mechanical and
telecommunication equipment will be fully screened on all sides using the
mansard roof, parapets, penthouse screens or other similar methods and which
will be integrated into the overall building design.
K. Loading Area: Office buildings will be required to have a separate
loading area if the square footage of the building exceeds one hundred thousand
(100,000) square feet. Any loading area visible from Illinois Street will be
screened subject to the approval of the Commission.
Section 5.10. Bicycle and Pedestrian Access and Connectivity. The Development Plan
will include specific provisions for incorporating pedestrian and bicycle access,
circulation and amenities into the development and provide for access and
connectivity with the existing multi -use paths along Illinois Street and 136th
Street.
Section 6. Landscaping Requirements.
Section 6.1. Landscaping Plan. A landscaping plan will be submitted to the
Commission for its approval at the same time the other plans on architectural
design, landscaping, parking, signage, and lighting, ( "ADLS ") are submitted. This
plan will:
A. be drawn to scale, including dimensions and distances;
B. delineate all existing and proposed structures, private parking areas, walks,
ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and
other similar structures; and
C. delineate the location, size and description of all landscape material and
the irrigation system for all planting areas. Landscape treatment for plazas, roads,
paths, service and private parking areas will be designed as an integral and
coordinated part of the landscape plan for the entire tract.
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Section 6.2. Landscape Standards.
A. Planting and Landscape Materials. All trees, shrubs and ground cover will
be planted according to the current standards established under the American
Standard for Nursery Stock (ANSI Z60.1) and by the Urban Forestry Division of
the Department of Community Services of the City of Carmel. Trees, plants and
other landscape materials will be appropriate to local growing and climatic
conditions. All trees, plants and other landscape materials to be installed and
maintained within the current pipeline easement adjacent to Illinois Street will be
further subject to the approval of the owner of the pipeline and grantee under the
easement.
B. Materials. All plants proposed to be used in accordance with any
landscaping plan will meet the following specifications:
a. Shade trees: two and one -half inch (2'/2 ") caliper.
b. Ornamental trees: one and one -half inch (11/2") caliper.
c. Evergreen trees: A minimum height of eight (8) feet.
d. Shrubs (deciduous and evergreen): minimum height and spread of
eighteen inches (18 ").
C. Installation. All required landscaping will be installed prior to the
issuance of a Final Certificate of Occupancy by the Department. Provided,
however, if it is not possible to install all of the required landscaping because of
weather conditions, the property owner will complete the required landscaping
not installed prior to the issuance of the Certificate of Occupancy, within one
hundred twenty (120) days following the issuance of a temporary Certificate of
Occupancy.
D. Maintenance. It will be the responsibility of the owners and their agents to
insure maintenance of the project landscaping set forth in the landscape plan
approved by the Carmel Plan Commission in accordance with the requirements of
this Ordinance. This is to include, but is not limited to, mowing or mulching of
planting areas (as applicable), replacing dead or diseased plantings with identical
varieties or a suitable substitute, and keeping the area free of refuse, debris, rank
vegetation and weeds.
E. Changes After Approval. No landscaping which has been approved by the
Commission may later be materially altered, eliminated or sacrificed, without first
obtaining further Commission approval. However, minor alterations in
landscaping may be approved by the Director, in consultation with the Urban
Forester for the City of Carmel ( "Urban Forester "), in order to conform to specific
site conditions.
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F. Inspection. The Director and the Urban Forester will have the authority to
visit the Real Estate to inspect the landscaping and check it against the approved
landscape plan on file.
G. Illinois Street Streetscape. Along Illinois Street, due to the 50 foot gas
line easement, planting and landscaping with a shallow root system is to be
installed within the easement area adjacent to the right -of -way of Illinois Street.
Excepting for the Preservation/Conservation Area and subject to approval of the
pipeline company, as to species and planting details, for each one hundred (100)
linear foot increment: four (4) trees and ten (10) shrubs will be required. These
landscaped areas along Illinois Street will vary in width to accommodate
appropriate planting space and to facilitate and promote creative planting and site
plans, but will be at least five (5) feet in width.
H. 136th Street Streetscape. Along 136th Street, due to the overhead power
line running along the south right of way line adjacent to the Real Estate, for each
one hundred (100) linear foot increment: four (4) ornamental trees and ten (10)
shrubs will be planted in the open space between the buildings and the multi -use
path along/south right -of -way line of 136th Street. This landscaped area along
136th Street will combine mounding and plant material and will vary in width to
accommodate appropriate planting space and to facilitate and promote creative
planting and site plans, but not less than fifteen (15) feet in width. Evergreens
may substituted for shrubs (one (1) evergreen for three (3) shrubs).
I. Perimeter Landscaping Standards.
a. North and West Property Lines Adjacent to Single Family
Residential Districts.
In the first fifty (50) feet south of the property line adjacent to the
single family residential subdivision currently known as "Bentley
Oaks" and west of the storm water detention pond, existing
vegetation, trees and mounding will be preserved. In those areas
where existing vegetation is either absent, diseased, dead or
containing invasive species and mounding is not present in the
area, a three (3) to five (5) foot earthen berm will be constructed
with two (2) rows of Norway Green Spruce evergreen trees, twenty
(20) feet on center with staggered spacing.
In the first forty (40) feet immediately south of the property line
adjacent to the storm water detention pond in the Bentley Oaks
subdivision, there will be a tree preservation area (the "Tree
Preservation Area ") subject to the installation of required storm
water drainage facilities for the detention pond. In those areas of
this tree preservation area outside of the regulated drain where
existing vegetation is either absent, diseased, dead or containing
invasive species, Norway Green Spruce evergreen trees will be
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planted to fill the gaps in vegetation. To the extent that
compliance with the requirements and provisions of the Hamilton
County Stormwater Management Technical Standards Manual,
Hamilton County stormwater and drain regulations and all other
applicable State and local statutes, regulations or orders governing
stormwater drainage and legal drains requires the removal of trees
and /or vegetation and precludes the planting of any new trees, the
owner of the real estate (the "South Adjacent Owner ") located
immediately south of the Bentley Oaks detention pond will plant or
cause to be planted Norway Green Spruce trees on those lots
located in the Bentley Oaks subdivision immediately adjacent to
the area that has been cleared of trees and vegetation. The
quantity, configuration and location of the Norway Green Spruce
to be planted will be approved by the Director and the Urban
Forester as a part of the landscape plan approved for the initial
development of the Real Estate adjacent to the Bentley Oaks
detention pond by the South Adjacent Owner. During the first year
following planting or replanting (if applicable), if a tree dies or
becomes diseased, then the South Adjacent Owner will replace the
tree or trees with Norway Green Spruce trees in compliance with
Section 6.2 B. above. Thereafter, the maintenance and
replacement of the trees planted will be the sole responsibility of
the affected lot owner. The initial planting and replacement of the
Norway Green Spruce trees will be subject to the reasonable
approval and consent of the affected lot owner for access, planting
and replacement. If the lot owner refuses or is otherwise unwilling
to provide such approval and consent, then the South Adjacent
Owner will be relieved of these planting and replacement
obligations.
In the first fifty (50) feet of the Real Estate east of the property line
adjacent to the single family residential subdivision currently
known as "The Parks of Springmill ", the existing vegetation and
trees will be preserved and in those areas where existing vegetation
is either absent, diseased, dead or containing invasive species, the
existing vegetation will be supplemented by either one (1) row or
two (2) rows of Norway Green Spruce evergreen trees, twenty (20)
feet on center with staggered spacing, as necessary to fill the gaps.
DRY DETENTION BUFFER AREA: Subject to the installation
and maintenance of storm water facilities, equipment and other
related improvements and construction, there will be dry detention -
depressed area of approximately fifty -six (56) feet in width for
storm water drainage purposes immediately adjacent to the fifty
(50) foot landscape buffer described above which is adjacent to the
Bentley Oaks and The Parks of Springmill subdivisions.
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b. West Property Line Adjacent to City Property. The area of Real
Estate located on the west property line extending approximately
two hundred twenty (220) feet south from the right -of -way line of
136th Street, which is adjacent to the real estate owned by the City
of Carmel and used for a water utility pumping station, will be a
continuation of the landscaping and mounding to be installed for
the 136th Streetscape with four (4) ornamental trees and ten (10
shrubs for each one hundred (100) linear feet.
c. Maintenance. The owner(s) of the property containing the
landscape buffers and the Tree Preservation Area provided for
above, will be responsible for the maintenance of the vegetation
and landscaping located within the landscape buffers; which
includes, but is not limited to, replacing dead, diseased, or
overgrown vegetation with the same or suitable substitute species,
mowing or mulching (as applicable) and keeping the area free of
refuse, debris, rank vegetation and weeds. Maintenance of the
Tree Preservation Area will be subject to the requirements and
provisions of the Hamilton County Stormwater Management
Technical Standards Manual, Hamilton County stormwater and
drain regulations and all other applicable State and local statutes,
regulations or orders governing stormwater drainage and legal
drains.
J. Foundation Planting Standards.
a. Principal Buildings Other Than Multi - Family Housing Complex
Buildings:
i. A planting area equal to an area measuring fifteen (15) feet in
depth by the width of the front of a standalone Principal Building
plus twenty (20) feet (to extend ten (10) feet out on both sides) will
be installed at the front of a building facing Illinois Street. This
planting area may be integrated into the Illinois Streetscape.
ii. A planting area equal to an area ten (10) feet in depth will be
installed on the sides and rear of the building.
iii. Sidewalks up to eight (8) feet in width are permitted in these areas,
but will not occupy the entire area on any side of a building.
Building facade articulations (i.e. bumpouts and decks) are also
permitted in these areas.
iv. These adjacent planting areas need not be rectangular in shape as
long as the required amount of space is landscaped, innovative and
original designs are encouraged. At least fifty percent (50 %) of the
planting areas must contain plant material. Landscaping interior
courtyards is encouraged and may be used to satisfy up to fifty
percent (50 %) of the planting area requirements.
Page 14
Version 3 September 11, 2012
v. Foundation planting will not be required for: those sides of the
buildings which abut the preservation/conservation area and
Accessory Buildings (including private garages and carports); or
those areas where required utility easements preclude any planting.
b. Multi - Family Housing Complex Buildings:
i. Except as provided below, foundation planting will be required to
soften the architectural lines of buildings, frame the primary views
to buildings and public spaces, and blend architectural designs with
the landscape. Foundation plantings will be designed to
appropriately complement the building's use, setback height and
architectural features. Window boxes for flowers and planters on
front stoops and sidewalks are encouraged in areas where
landscaping cannot be installed at the base of a building due to the
building's proximity to a sidewalk, path, street, right —of -way or
easement.
Where applicable, the following foundation building planting
standards will be required:
(a) along the front of all buildings, 3 shade trees, 3 ornamental
trees and 25 shrubs per 100 linear feet of building frontage
on a private street or right -of -way (street trees may be used
to satisfy these requirements);
(b) a planting area 5 feet in depth will be required on the sides
and rear of all buildings except where the building directly
abuts a parking area or private drive;
(c) sidewalks up to 8 feet in width may be permitted in these
areas but may not occupy the entire planting area on any
side of the building, excepting for those areas adjacent to
access points to the building;
(d) foundation planting areas need not be rectangular in shape
as long as the required amount of space is landscaped with;
innovative and original designs; and
(e) landscaping courtyards and may be used to satisfy up to
fifty percent (50 %) of the planting area requirements.
ii. Foundation planting will be not required for:
(a) those buildings that have their front entrances oriented
toward Illinois Street;
(b) those sides of the buildings which abut the
Preservation/Conservation Area;
(c) Accessory Buildings (including Private Garages and
carports); and
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Version 3 September 11, 2012
(d) those areas where required utility easements preclude any
planting.
c. Amenity Area Buildings: Excepting for those sides of Amenity Area
buildings that are immediately adjacent to recreational areas or facilities
such as a swimming pool deck; preservation/Conservation areas; or other
landscaped areas, a planting area not less than five (5) feet in width is
required and at least fifty percent (50 %) of the planting area must contain
plant material.
K. Planting Within Parking Areas.
a. Multi- Family Housing Complex: Any parking area visible from
Illinois Street (excluding parking on private drives and streets) will be
required to have 1 shade tree and 5 shrubs for every nine parking spaces.
b. Office, Senior Living Community and Other Uses: Two (2) shade
trees for every 10 parking spaces.
c. Entry Drives: Along all entry drives from Illinois Street to the
parking area a landscape strip not less than five (5) feet in width
containing: 2 shade trees, 2 ornamental trees and 10 shrubs per 100 linear
feet will be required.
L. Preservation/Conservation Area. Following construction of a proposed
drainage facility and the relocation of the legal drain within the
Preservation/Conservation Area all in accordance with all local, county,
state and federal requirements, the Developer will preserve and maintain
(including removal of invasive species and diseased and /or dead
vegetation, and replanting) the vegetation, including but not limited to
trees, shrubs and native grasses, in the Preservation/Conservation Area;
subject, however, to the requirements and provisions of the Hamilton
County Stormwater Management Technical Standards Manual, Hamilton
County stormwater and drain regulations and all other applicable State and
local statutes, regulations or orders governing stormwater drainage and
legal drains. Any new planting and /or replanting will be done consistent
with and pursuant to the list of species approved by the City of Carmel.
M. Headlight Screening. Appropriate landscape buffering will be required to
prevent headlights from shining into adjacent single family residential
areas.
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Version 3 September 11, 2012
Section 7. Parking Requirements.
A. Minimum Number of Parking Spaces.
a. Office (Professional and Medical): Four (4) spaces per one
thousand (1,000) square feet.
b. Senior Living Community: Sixty -seven one hundredth (.67)
spaces per unit.
c. Multi- Family Housing Complex: One and five tenths (1.5) spaces
per unit.
d. All other uses: Per Carmel Zoning Ordinance.
B. Parking on Private Drives and Sidewalks: To the extent that there is
parking on any private drive, each space will be a minimum of eighteen (18) feet
in length. Any such parking on private drives can be used to satisfy the
requirements of paragraph A of this Section 7. Sidewalks will be required on
both sides of private drives which are greater than thirty -six (36) feet in width
(curb to curb) and greater than seven hundred fifty (750) linear feet, but excluding
any frontage road adjacent to Illinois Street or 136th Street.
C. Bicycle Parking: Bicycle Parking will be provided in compliance with
Section 27.06 of the Carmel Zoning Ordinance. Bicycle parking spaces in Private
Garages located in a Multi- Family Housing Complex may be considered in
satisfying the minimum number of bicycle parking spaces required under the
Carmel Zoning Ordinance, upon the review and approval of the Director.
Provided, however, that the number of bicycle parking spaces located outside of
Private Garages in a Multi- Family Housing Complex, either in outdoor racks or
indoor dedicated storage units, will not be less than one -half (1/2) of the total
number of units in the Multi- Family Housing Complex that are not served by
garages. Additionally, where possible, sheltering of outdoor racks should be
considered in a Multi- Family Housing Complex near amenity areas such as
clubhouses.
Section 8. Lighting Requirements.
A. A site lighting plan will be submitted along with the information on
ADLS. The site lighting plan will include the layout, spread and intensity of all
site lighting, including:
a. parking lot and service /storage area lighting;
b. architectural, display lighting;
Page 17
Version 3 September 11, 2012
c. security lighting;
d. lighting of pedestrian and bicycle ways;
e. landscape lighting.
B. The maximum height of light standards will not exceed twenty -five (25)
feet. However, when light standards abut or fall within ninety (90) feet of a
residential district or use, they will not exceed fifteen (15) feet.
C. All site pole lights and wall mounted lights will be low - level, 90° cutoff
luminaries and will not spill over into adjoining properties in excess of 0.3 foot -
candle in multi- family, senior living and all commercial areas, and 0.1 foot - candle
in residential areas.
Section 9. Signage.
Section 9.1. Sign Plan. A sign plan will be submitted for the Commission's approval
as part of an ADLS or ADLS amendment application.
Section 9.2. Sign Standards. The signs within the Highpointe On Meridian Planned Unit
Development District will conform to the standards set forth in Chapter 25, Section 7 of
the Carmel Zoning Ordinance, unless specified below or elsewhere in this Ordinance.
Section 9.3. Signage.
A. The color of the signs will not be restricted.
B. The Maximum Sign Area for wall Identification Signs for office or other
commercial buildings will be determined in accordance with Chapter 25, Section
7 of the Carmel Zoning Ordinance. Wall Identification Signs will be composed
of individual letters and logos and may be illuminated by internal or external
sources. Office or other commercial buildings with frontages on one or more
public streets or private drives are allowed one wall Identification Sign per
frontage. At the election of the building owner, a wall Identification Sign may be
moved from one facade to another, but no more than two (2) wall Identification
Signs may be on any one facade. Provided, however, that there will be no wall
Identification Signs on the facade of any building facing a single family
residential zoning district. Wall Identification Signs which face a Multi- Family
Housing Complex may not be illuminated.
C. Two (2) district identification Ground Signs for the Highpointe On
Meridian Planned Unit Development District each with a maximum height of
eight (8) feet and a maximum sign area of one hundred (100) square feet will be
allowed at: (a) the south entrance to the Highpointe On Meridian Planned Unit
Development District approximately one thousand five hundred (1,500) feet north
of the intersection of Shakamac Drive with Illinois Street ; and (b) at the north
Page 18
Version 3 September 11, 2012
entrance to the Highpointe On Meridian Planned Unit Development District
south and west of the intersection of Illinois Street and 136th Street. These district
identification Ground Signs may not include tenant identification and will be
consistent in design with the design approved by the Commission or a Committee
of the Commission.
D. Office, Senior Living and Multi - Family Housing Complex project
identification Ground Signs with a maximum height of eight (8) feet and a
maximum sign area of fifty (50) square feet will be allowed at the primary
entrance to each project from Illinois Street. These are permanent Identification
Signs with copy limited as provided for in the definition of an Identification Sign
plus permitted Changeable Copy. Except as provided for above, these signs will
be in accordance with Chapter 25, Section 7 of the Carmel Zoning Ordinance.
E. Except as provided for herein, all other provisions of Carmel Zoning
Ordinance will be applicable to development on the Real Estate. Temporary
Signage on the Real Estate will be governed by the Carmel Zoning Ordinance.
Section 10. Hours for Deliveries and Trash Pickup:
All commercial deliveries and trash pickup will occur between the hours of 8:00
A.M. and 5:00 P.M. Monday through Friday. Commercial deliveries will be
allowed between 10:00 A.M. and 3:00 P.M. on Saturdays. No commercial
deliveries or trash pickup will be allowed on Sundays.
Section 11. Approval or Denial of the Preliminary and Final Development Plans.
A. The Commission will approve without conditions, approve with
conditions, or disapprove the Preliminary Development Plan ( "PDP ") for any
project on the Real Estate. Provided, however, that the Commission will not
unreasonably withhold or delay the approval of a PDP that is in conformance with
this Ordinance and Section 24.02 of the Carmel Zoning Ordinance. If the
Commission disapproves the PDP for any project on the Real Estate, the
Commission will set forth in writing the basis for the disapproval.
B. The Director will approve without conditions, approve with conditions, or
disapprove the Final Development Plan ( "FDP ") for any project on the Real
Estate. Provided, however, that the Director will not unreasonably withhold or
delay the approval of a FDP that is in conformance with this Ordinance and the
applicable provisions of the Carmel Zoning Ordinance. If the Director
disapproves the FDP for any project on the Real Estate, the Director will set forth
in writing the basis for the disapproval.
C. An amendment to a PDP or FDP which does not alter the use of any land
may be reviewed and approved by the Director. However, any interested party
Page 19
Version 3 September 11, 2012
may appeal the decision of the Director directly to a committee of the
Commission.
D. The PDP will be a preliminary plan for the development of real property
that is submitted for approval by the Commission showing proposed facilities and
structures and parking information for a site on the Real Estate in accordance with
the provisions of Section 2 of this Ordinance.
E. The FDP will be a specific plan for the development of real property that
is submitted for approval by the Director showing proposed facilities and
structures, parking, drainage, erosion control, utilities and building information
for a site on the Real Estate in order to fulfill the requirements for a permit to
improve the real property.
Section 12. Violations of Ordinance. All violations of this Ordinance will be subject to
Section 34.0 of the Carmel Zoning Ordinance.
Section 13. Prior Ordinances. All prior Ordinances or parts thereof inconsistent with any
provision of this Ordinance are hereby repealed.
Section 14. Effective Date. This Ordinance will be in full force and effect from and
after its passage and signing by the Mayor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES FOLLOW ON SUCCEEDING PAGES
Page 20
Version 3 September 11, 2012
PASSED by the Common Council of the City of Carmel, Indiana this (14day of
T , 2012, by a vote of G. ayes and / nays.
Prdi, ing Officer
Richard . Sharp, Preside %, Pro Tempore
Ronald E. Carter
ATTEST:
Cordray, y, IAMC, Clerk asurer
a
COMMON COUNCIL FOR THE CITY OF CARMEL
L.
Kevin Rider
o pp s -c
Carol Schleif
W. Eric Seidet sticker
Page 21
Version 3 September 11, 2012
Presented by me to the Mayor of the City of Carmel, Indiana this 18 day of
, 2012, at ‘1../0 P.M.
Diana L. Cordray, IAMC, Clerk -Tre
urer
Approved by me, Mayor of the City of Carmel, Indiana, this o day of (S1/nkieh..
2012, at 36 A.M.
1
Jams B air - U'rrd, Mayor
ATTEST..
Diana L. Cordray, IAMC, Clerk - Treasur
Prepared by: Paul G. Reis, Esq.
Attorney -at -Law
Krieg DeVault LLP
12800 N. Meridian, Suite 300
Carmel, Indiana 46032
4377922_6.docx
Page 22
Version 3 September 11, 2012
EXHIBIT A
HIGHPOINTE ON MERIDIAN
PLANNED UNIT DEVELOPMENT ORDINANCE
ORDINANCE Z- 559 -12
Legal Description of Real Estate
A part of the Northeast Quarter of Section 26 and a part of the Northwest quarter of Section 25,
both in Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northwest corner of the Northwest Quarter of said Section 25; thence North 88
degrees 21 minutes 51 seconds East (assumed bearing) along the North line of said Northwest
Quarter 37.71 feet; thence South 08 degrees 35 minutes 58 seconds East 436.36 feet to a point on
the limited access right -of -way line; 1) South 69 degrees 00 minutes 19 seconds West 38.72 feet;
2) South 89 degrees 51 minutes 28 seconds. West 64.02 feet to a point on the West line of said
Northwest Quarter; 3) south 89 degrees 51 minutes 27 seconds west 41.93 feet; 4) South 68
degrees 03 minutes 45 seconds West 800.77 feet; 5) South 70 degrees 34 minutes 03 seconds
West 1172.10 feet to a tangent curve concave Southeasterly having a central angle of 12 degrees
43 minutes 09 seconds and a radius of 2,436.83 feet; 6) Southwesterly along said curve an arc
distance of 540.97 feet (said arc being subtended by a chord having a bearing of South 64
degrees minutes 28 seconds West and a length of 539.86 feet); thence South 88 degrees 37
minutes 32 seconds West 281.17 feet to the Southwest corner of the North Half of the Northeast
Quarter of said Section 26; thence North 00 degrees 18 minutes 34 seconds West along the West
line of said Northeast Quarter 536.60 feet to a point on a non - tangent curve concave
Southeasterly having a central angle of 11 degrees 56 minutes 09 seconds and a radius of
3036.83 feet thence Northeasterly along said curve parallel with said limited access right -of -way
line an arc distance of 632.63 feet (said arc being subtended by a chord having a bearing of
North 64 degrees 35 minutes 59 seconds and a length of 631.48 feet); thence North 70 degrees
34 minutes 03 seconds East parallel with said limited access right -of -way line 534.23 feet;
thence South 14 degrees 49 minutes 01 seconds East 81.22 feet; thence North 88 degrees 35
minutes 23 seconds East parallel with the North line of said Northeast Quarter 522.50 feet;
thence North 01 degrees 24 minutes 37 seconds West 430.00 feet to the North line of said
Northeast Quarter; thence North 88 degrees 35 minutes 23 seconds East along said North line
1050.89 feet to the point of beginning.
EXCEPT (Parcel 1 A):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of
the Northwest Quarter of Section 25 Township 18 North, Range 3 East; thence North 88 degrees
33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by Warranty Deed recorded in Deed
Version 3 September 11, 2012
Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8
degrees 24 minutes 41 seconds East 436.69 feet (436.52 feet deed) along the Eastern line of said
tract of land to the Northwestern Boundary of U.S. Highway 31 thence the following five (5)
courses along said Northwestern Boundary; (1) South 69 degrees 11 minutes 51 seconds West
38.68 feet; (2) thence North 89 degrees 58 minutes 14 seconds West 105.95 feet; (3) thence
South 68 degrees 14 minutes 04 seconds West 800.80 feet (800.77 feet deed); (4) thence South
70 degrees 42 minutes 31 seconds West 1171.78 feet (1172.10 feet deed) to the point of
beginning of this description (5) thence Southwesterly 539.18 feet (540.69 feet deed) along an
arc to the left having a radius of 2436.83 feet and subtended by a long chord having a bearing of
South 64 degrees 22 minutes 12 seconds West and a length of 538.09 feet (539.58 feet deed) to
the South line of the North Half of said Northeast quarter; thence South 88 degrees 47 minutes
26 seconds West 282.51 feet (281.46 feet deed) along said south line to the west line of said
Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 84.88 feet along said
West line; thence North 66 degrees 18 minutes 52 seconds East 19.67 feet; thence Northeasterly
283.83 feet along an arc to the right having a radius of 555.00 feet and subtended by a long chord
having a bearing of North 80 degrees 57 minutes 54 seconds East and a length of 280.74 feet;
thence Northeasterly 280.39 feet along an arc to the left having a radius of 645.00 feet and
subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds east and
a length of 278.18 feet; thence North 70 degrees 42 minutes 31 seconds East 208.05 feet to the
point of beginning.
ALSO EXCEPT (Parcel 1B):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of
the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees
33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recoded in Deed
Book 350 page 582, in the Office of the Recorder of Hamilton County, Indiana; thence South 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land;
thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12
minutes 25 seconds West 11.86 feet to the point of beginning of this description; thence South 12
degrees 46 minutes 20 seconds West 47.35 feet; thence Southwesterly 430.76 feet along an arc to
the right having a radius of 445.00 feet and subtended by a long chord having a bearing of South
40 degrees 30 minutes 12 seconds West and a length of 414.14 feet to the Northwestern
boundary of U.S. Highway 31; thence South 68 degrees 14 minutes 04 seconds West 488.22 feet
along said Northwestern boundary; thence South 70 degrees 42 minutes 31 seconds West
1171.78 feet (1172.10 feet deed) along said Northwestern boundary; thence leaving said
Northwestern boundary and continuing South 70 degrees 42 minutes 31 seconds West 208.05
feet; thence Southwesterly 280.39 feet along an arc to the right having a radius of 645.00 feet
and subtended by a long chord having a bearing of South 83 degrees 09 minutes 44 seconds
West and a length of 278.18 feet; thence Southwesterly 283.83 feet along an arc to the left
having a radius of 555.00 feet and subtended by a long chord having a bearing of South 80
degrees 57 minutes 54 seconds West and a length of 280.74 feet; thence South 66 degrees 18
Exhibit A - Page 2
Version 3 September 11, 2012
minutes 52 seconds West 19.67 feet to the West line of said Northeast Quarter; thence North 0
degrees 10 minutes 24 seconds West 54.52 feet along said West line; thence Northeasterly
307.31 feet along an arc to the right having a radius of 605.00 feet and subtended by a long chord
having a bearing of North 81 degrees 03 minutes 50 seconds east and a length of 304.02 feet;
thence Northeasterly 258.65 feet along an arc to the left having a radius of 595.00 feet and
subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds East and
a length of 256.62 feet; thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet thence
Northeasterly 42.97 feet along an arc to the left having a radius of 995.00 feet and subtended by
a long chord having a bearing of North 69 degrees 28 minutes 17 seconds East and a length of
42.97 feet; thence North 68 degrees 14 minutes 04 seconds East 465.66 feet; thence
Northeasterly 382.36 feet along an arc to the left having a radius of 395.00 feet and subtended by
a long chord having a bearing of North 40 degrees 30 minutes 12 seconds East and a length of
367.60 feet; thence North 12 degrees 46 minutes 20 seconds East 47.37 feet; thence South 77
degrees 12 minutes 25 seconds East 50.00 feet to the point of beginning.
ALSO EXCEPT (Parcel 1C):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of
the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees
33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter of the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed
book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land;
thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12
minutes 25 seconds West 61.86 feet to the point of beginning of this description; thence south 12
degrees 46 minutes 20 seconds West 47.37 feet; thence Southwesterly 382.36 feet along an arc
to the right having a radius of 395.00 feet and subtended by a long chord having a bearing of
South 40 degrees 30 minutes 12 seconds West and a length of 367.60 feet; thence South 68
degrees 14 minutes 04 seconds West 465.66 feet; thence Southwesterly 42.97 feet along an arc to
the right having a radius of 995.00 feet and subtended by a long chord having a bearing of south
69 degrees 28 minutes 17 seconds West and a length of 42.97 feet; thence South 70 degrees 42
minutes 31 seconds West 1357.27 feet; thence southwesterly 258.65 feet along an arc to the right
having a radius of 595.00 feet and subtended by a long chord having a bearing of South 83
degrees 09 minutes 44 seconds West and a length of 256.62 feet; thence Southwesterly 307.31
feet along an arc to the left having a radius of 605.00 feet and subtended by a long chord having
a bearing of South 81 degrees 03 minutes 50 seconds West and a length of 304.02 feet to the
West line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 43.31
feet along said west line; thence Northeasterly 310.49 feet along an arc to the right having a
radius of 645.00 feet and subtended by a long chord having a bearing of North 81 degrees 49
minutes 31 seconds East and a length of 307.50 feet; thence Northeasterly 241.26 feet along an
arc to the left having a radius of 555.00 feet and subtended by a long chord having a bearing of
North 83 degrees 09 minutes 44 seconds East and a length of 239.37; thence North 70 degrees
42 minutes 31 seconds East 1357.27 feet; thence Northeasterly 41.24 feet along an arc to the left
Exhibit A - Page 3
Version 3 September 11, 2012
having a radius of 955.00 feet and subtended by a long chord having a bearing of North 69
degrees 28 minutes 18 seconds East and a length of 41.24 feet; thence North 68 degrees 14
minutes 04 seconds East 465.66 feet; thence Northeasterly 315.66 feet along an arc to the left
having a radius of 355.00 feet and subtended by a long chord having a bearing of North 42
degrees 45 minutes 39 seconds East and a length of 305.37 feet; thence North 12 degrees 47
minutes 35 seconds East 75.33 feet; thence South 77 degrees 12 minutes 25 seconds East 41.07
feet to the point of beginning.
ALSO EXCEPT (Parcel 1D):
A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26,
all in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows:
Commencing at the Northwest corner of said Northwest Quarter thence North 88 degrees 33
minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed
Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence south 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land to the
point of beginning of this description; thence continuing South 8 degrees 24 minutes 41 seconds
East 298.23 feet along said East line to the Northwestern boundary of U.S. Highway 31; thence
South 69 degrees 11 minutes 51 seconds West 38.68 feet along said Northwestern boundary;
thence North 89 degrees 58 minutes 14 seconds West 105.95 feet along said Northwestern
boundary; thence South 68 degrees 14 minutes 04 seconds West 312.57 feet along said
Northwestern boundary; thence Northeasterly 430.76 feet along an arc to the left having a radius
of 445.00 feet and subtended by a long chord having a bearing of North 40 degrees 30 minutes
12 seconds East and a length of 414.14 feet; thence North 12 degrees 46 minutes 20 seconds East
47.35 feet; thence South 77 degrees 12 minutes 25 seconds East 11.86 feet; thence North 55
degrees 54 minutes 38 seconds East 118.05 feet to the point of beginning.
ALSO EXCEPT (Parcel 1E):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45
minutes 26 seconds West (bearing assumed) 57.70 feet along the North line of said Northeast
Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20
seconds West 191.99 feet; thence North 77 degrees 12 minutes 25 seconds West 41.07 feet;
thence North 12 degrees 46 minutes 20 seconds East 181.72 feet to the North lien of said
Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds East 42.33 feet along said
North line to the point of beginning.
ALSO EXCEPT (Parcel 1F):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45
minutes 26 seconds West (bearing assumed) 6.17 feet along the North line of said Northeast
Exhibit A - Page 4
Version 3 September 11, 2012
Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20
seconds West 204.48 feet; thence North 77 degrees 12 minutes 25 seconds West 50.00 feet;
thence North 12 degrees 46 minutes 20 seconds East 191.99 feet to the North line of said
Northeast quarter; thence North 88 degrees 45 minutes 26 seconds East 51.53 feet along said
North line to the point of beginning.
ALSO EXCEPT (Parcel 1G):
A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26,
all in Township 18 North, Range 3 East; Hamilton County, Indiana, described as follows:
Beginning at the Northwest corner of said Northwest Quarter; thence North 88 degrees 33
minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed
Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land;
thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12
minutes 25 seconds West 11.86 feet; thence North 12 degrees 46 minutes 20 seconds East 204.48
feet to the North line of said Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds
East 6.17 feet along said North line to the point of beginning.
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton
County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Northeast quarter; thence South 89 degrees 01
minutes 25 seconds West along North line of said Northeast Quarter Section a distance of 100.03
feet; thence South 13 degrees 02 minutes 19 seconds West a distance of 46.38 feet to the point of
beginning; thence continuing South 13 degrees 02 minutes 19 seconds West a distance of 86.04
feet; thence North 51 degrees 21 minutes 54 seconds West a distance of 130.93 feet; thence
North 89 degrees 01 minutes 25 seconds East parallel to the North line of the Northeast Quarter
of Section 26, a distance of 121.70 feet to the point of beginning.
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second
Principal Meridian, Clay Township Hamilton County, Indiana, being more particularly described
as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 26, Township 18 North,
Range 3 East; thence on the North line of said Quarter Section, South 88 degrees 35 minutes 23
seconds West (assumed bearing) a distance of 1005.89 feet to the point of beginning of the
herein described real estate; thence south 01 degrees 24 minutes 37 seconds East 250.00 feet;
thence parallel with the North line of said Quarter Section, North 88 degrees 35 minutes 23
seconds East 85.00 feet; thence South 01 degrees 24 minutes 37 seconds East 180.00 feet; thence
Exhibit A - Page 5
Version 3 September 11, 2012
parallel with the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds
West 130.00 feet to the southeast corner of Bentley Oaks, a subdivision in Hamilton County,
Indiana, the plat of which is recorded as Instrument Number 9115494, Plat Cabinet 1, Slide 170
in the Office of the Recorder of said County; thence on the East line of said subdivision, North
01 degree 24 minutes 37 seconds West 430.00 feet to the Northeast corner of said subdivision,
said corner being on the North line of said Northeast quarter Section; thence on the north line
thereof, North 88 degrees 35 minutes 23 seconds East 45.00 feet to the point of beginning.
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly
described as follows:
Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18
North, Range 03 East; thence on the North line thereof, North 88 degrees 35 minutes 23 seconds
East (basis of bearing from Plat of Bentley Oaks), a distance of 1611.43 feet to the Northeast
corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the Plat of which is recorded
as Instrument Number 9115494 in the office of the Recorder of said County, said corner being
the point of beginning of the herein described real estate; thence continuing on the North line of
said Quarter Section North 88 degrees 35 minutes 23 seconds East 947.98 feet to a point on the
Westerly right -of -way line of a proposed roundabout at the intersection of Oakridge Road, said
point being on a non - tangent curve concave Easterly; having a central angle of 27 degrees 47
minutes 51 seconds and a radius of 96.00 feet; thence Southerly and Southeasterly on and along
said non - tangent curve an arc distance of 46.90 feet (said arc being subtended by a long chord
bearing South 15 degrees 38 minutes 20 seconds East 46.42 feet) to a non - tangent line; thence on
a line, which is parallel with and 45.00 feet by perpendicular measurement South of the North
line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 959.39 feet to a point
on the East line of aforesaid Bentley Oaks; thence on said East line, North 01 degrees 24 minutes
37 seconds West 45.00 feet to the point of beginning.
Exhibit A - Page 6
Version 3 September 11, 2012
EXHIBIT B
HIGHPOINTE ON MERIDIAN
PLANNED UNIT DEVELOPMENT ORDINANCE
ORDINANCE Z- 559 -12
Preservation/Conservation Area Legal Description
(1.4± acres)
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Second
Principal Meridian, Clay Township, Hamilton County, described as follows:
Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18
North, Range 3 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana;
thence South 00 degrees 09 minutes 47 seconds West (assumed bearing) on the West line of said
Northeast Quarter a distance of 774.74 feet to the Southerly line of Bentley Oaks Subdivision, as
per the plat thereof recorded as Instrument No. 9115494 in Plat Cabinet 1, Slide 170 in the
Office of the Recorder of Hamilton County, Indiana, being a point on a non - tangent curve
concave Southeasterly, having a central angle of 11 degrees 56 minutes 11 seconds and a radius
of 3036.83 feet; the following three (3) courses are on the perimeter of said Bentley Oaks
Subdivision; 1.) thence Northeasterly an arc distance of 632.66 feet on said curve (said arc being
subtended by a chord bearing North 65 degrees 04 minutes 13 seconds East 631.51 feet); 2.)
thence North 71 degrees 02 minutes 18 seconds East 534.23 feet 3.) thence South 14 degrees 20
minutes 47 seconds East 81.22 feet; thence North 89 degrees 03 minutes 37 seconds East 652.50
feet on a South line of said Bentley Oaks Subdivision and the South line of the real estate
described in Instrument No. 2004 -66172 in said Recorder's Office; continuing on the perimeter
of the real estate described in said Instrument No. 2004 -66172 the following three (3) courses;
1.) thence North 00 degrees 56 minutes 23 seconds West 180.00 feet; 2.) thence South 89
degrees 03 minutes 37 seconds West 85.00 feet; 3.) thence North 00 degrees 56 minutes 23
seconds West 205.00 feet to the South line of the real estate described in Parcel 4A of Instrument
No. 2009 -7397 in said Recorder's Office; thence North 89 degrees 03 minutes 37 seconds East
687.20 feet on the South line of the real estate described in said 'Parcel 4A of Instrument No.
2009 -7397 to the POINT OF BEGINNING; thence South 50 degrees 18 minutes 47 seconds
East 10.85 feet; thence South 43 degrees 39 minutes 44 seconds East 30.39 feet; thence South 28
degrees 58 minutes 15 seconds East 34.81 feet; thence South 13 degrees 03 minutes 03 seconds
West 41.64 feet; thence South 38 degrees 28 minutes 28 seconds West 78.10 feet; thence South
17 degrees 06 minutes 05 seconds West 95.08 feet; thence South 06 degrees 31 minutes 26
seconds West 64.86 feet; thence South 58 degrees 42 minutes 28 seconds West 74.19 feet;
thence South 21 degrees 07 minutes 22 seconds East 87.66 feet to the Northerly line of the real
estate described in Parcel 1C of said Instrument No. 2009 -7397; thence North 68 degrees 32
minutes 32 seconds East 32.32 feet on a Northerly line of the real estate described in Parcel 1C
of said Instrument No. 2009 -7397 to the point of curvature of a tangent curve, concave
Northwesterly, having a central angle of 50 degrees 56 minutes 51 seconds and a radius of
355.00 feet; thence continuing Northeasterly an arc distance of 315.67 feet on the Northerly and
Westerly line of the real estate described in Parcel 1C of said Instrument No. 2009 -7397, said arc
Exhibit B - Page 1
Version 3 September 11, 2012
being subtended by a chord bearing North 43 degrees 04 minutes 07 seconds East 305.37 feet, to
the point of tangency thereof; thence continuing North 13 degrees 05 minutes 48 seconds East
124.62 feet on the Westerly line of the real estate described in Parcel 1C and on the Westerly line
of Parcel lE of said Instrument No. 2009 -7397 to a Southerly line of the real estate described in
Parcel 4B of Instrument No. 2010 -37541 in said Recorder's Office; thence North 51 degrees 19
minutes 42 seconds West 130.92 feet on the Southerly line of the real estate described in Parcel
4B of said Instrument No. 2010 -37541 to the Southerly line of Parcel 4A per said Instrument No.
2009 -7397; thence South 89 degrees 03 minutes 47 seconds West 85.72 feet on said Southerly
line to the POINT OF BEGINNING.
Exhibit B - Page 2
Version 3 September 11, 2012
EXHIBIT C
HIGHPOINTE ON MERIDIAN
PLANNED UNIT DEVELOPMENT ORDINANCE
ORDINANCE Z- 559 -12
Building Character Elevation Drawing
FOR ILLUSTRATION PURPOSES ONLY
Broad Overhangs with
simple detailing
Low pitched roof
Vertical Proportioned
windows and Facade Bays
Vertical Proportioned windows,
)max. horizontal grouping of windows = 5 units)
Broad Overhangs with
bracket detailing
Required Pitched
Roof at Penmeter
of all buildings
Low pitched gable roof
Vertical Proportioned
Budding Massing
Vertical Proportioned
windows and Facade Bays
Broad Overhangs with
bracket detailing
Broad Overhangs with
simple detailing
Broad Overhangs with
bracket detailing
vertical Proportioned windows
Vertical Proportioned
windows and Facade Bays
Office Building Elevation
Clubhouse Building Elevation (on green beyond)
Illinois Street Elevation Study — West End (Contemporary Italianate Style)
Exhibit C
Apartment Building Elevation
Version 3 September 11, 2012
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF FRANK K. REGAN
TO AMEND THE OFFICIAL ZONING MAP OF CARMEL /CLAY TOWNSHIP TO
INCLUDE THE HIGHPOINTE ON MERIDIAN PUD
PURSUANT TO INDIANA CODE 36 -7 -4 -605
To:
ORDINANCE Z- 559 -12
The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 11120027 Z;
Highpointe on Meridian PUD rezone.) of Frank K. Regan, petitioning the Commission for a favorable
recommendation to rezone property generally located southwest of the intersection of Illinois Street and 136th
Street from 13 -5 within the US 31 Overlay to PUD.
The Carmel Plan Commission's recommendation on the petition of the applicant is "UNFAVORABLE."
At its regularly scheduled meeting on July 17, 2012, the Carmel Plan Commission voted eight (8) in Favor.
two (2) Opposed (Rider & Grabow), zero (0) Abstaining to forward to the Common Council the proposed
Ordinance Z- 559 -12 with an UNFAVORABLE recommendation.
Please be advised that by virtue of the Plan Commission's Unfavorable Recommendation, pursuant to IC 36-
7-4-608(g)(4), the Council has ninety (90) days to act on this petition before it is defeated as Certified by the
Commission. Ninety days from the date of this Certification (July 26, 2012) is Wednesday, October 24,
2012.
CARMEL PLAN COMMISSION
Jay Do mafi, President
BY:
ATTE 'T:
Ramona Hancock, Secretary
Carmel Plan Commission
Dated: July 26, 2012
PC Certification: 2012 -0726: Z- 559 -12 Highpointe on Meridian PUD.doc
91 .E d 9Z lfif 1101