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Z-581-13 ATAPCO PUD - color version Sponsors: Councilor Rider CARMEL, INDIANA ATAPCO REDEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-581-13 April 13, 2013 Amended September 26, 2013 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance 4 Section 2. Definitions and Rules of Construction 4 Section 3. Accessory Buildings and Uses 8 Section 4. Residential Use Block 8 Section 5. Office and Residential Use Block 9 Section 6. Office and Commercial Use Block 10 Section 7. Landscaping Requirements Section 8. Lighting Requirements 18 Section 9. Signage Requirements 19 Section 10. Parking Requirements 20 Section 11. Pedestrian Circulation 22 Section 12. Use Limitations 23 Section 13. Additional Requirements and Standards 23 Section 14. Declaration(s)of Covenants 26 Section 15. Procedural Provisions 76 Section 16. Controlling Developer's Consent 27 Section 17. Violations and Enforcement 27 Section 18. Exhibits Exhibit A. Legal Description Exhibit B. Concept Plan Exhibit C. Use Block Map Exhibit D. Use Table 2 Exhibit E. Development Standards Matrix Exhibit F. Architectural Standards Exhibit G. Conceptual Character Imagery—Residential Use Block Exhibit H. Conceptual Character Imagery—Office and Residential Use Block Exhibit I. Conceptual Character Imagery—Office and Commercial Use Block Note: All of the above Exhibits (A-I) are attached to this Atapco Redevelopment Ordinance, are incorporated by reference into this Atapco Redevelopment Ordinance and are part of this Atapco Redevelopment Ordinance. 3 Sponsors: Councilor Rider ORDINANCE Z-581-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA ESTABLISHING THE ATAPCO REDEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended (the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and WHEREAS, the Plan Commission has given a favorable recommendation to this PUD district ordinance (the "Atapco Redevelopment Ordinance"), which establishes the Atapco Redevelopment Planned Unit Development District (the "Atapco District") with respect to the real estate legally described in Exhibit A (the"Real Estate"). NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7- 4-1500 et seq., the Council adopts this Atapco Redevelopment Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Atapco Redevelopment Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate, (iii)all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Atapco Redevelopment Ordinance, and (iv) this Atapco Redevelopment Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Atapco District. Section 1.2 Development in the Atapco District shall be governed entirely by (i) the provisions of this Atapco Redevelopment Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in this Atapco Redevelopment Ordinance. In the event of a conflict or inconsistency between this Atapco Redevelopment Ordinance and the Zoning Ordinance, the provisions of this Atapco Redevelopment Ordinance shall apply. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Atapco Redevelopment Ordinance: 4 A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" indicates a mandatory requirement. The word "may" indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the uses set forth in Exhibit D (Use Table), unless otherwise defined below in this Section 2.2, shall be the same as set forth in the Zoning Ordinance, (ii) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Atapco Redevelopment Ordinance, shall have the meanings set forth below in this Section 2.2 and (iii) of all other capitalized terms included in this Atapco Redevelopment Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the Zoning Ordinance. Amenity Area: An area containing recreational facilities including, without limitation, any one or a combination of the following: (i) a swimming pool, (ii) a bath house with changing rooms and storage, (iii) recreational equipment, (iv) tennis court, (v) basketball court, (vi)bocce ball court, (vii) indoor and/or outdoor workout areas, (viii) pedestrian walking trails and (ix) any other recreational facilities approved by the Director. Apartment. A Dwelling intended primarily for rental. Architectural Standards: The Architectural Standards attached hereto and incorporated herein by reference as Exhibit F (Architectural Standards). Block(s): Any one or any combination of (i) the Residential Use Block, (ii) Office and Residential Use Block, and the (iii) the Office and Commercial Use Block as depicted on Exhibit C (Use Block Map) or as context requires. The Residential Use Block and the Office and Commercial Use Block may be enlarged or reduced by up to fifteen percent (15%); provided, however, that the maximum number of Apartments specified in Section 12 below shall remain unaffected. Notwithstanding the above restriction, the Office and Commercial Use Block may be enlarged to occupy up to and including the entire Residential Use Block. Building: A structure having a roof supported by columns and walls, for the shelter, support, enclosure or protection of persons, animals, chattel, or property. When separated by party walls, each portion of a Building may be considered a separate Building. BZA: The Carmel Board of Zoning Appeals. City: The City of Carmel, Indiana. 5 Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit B (Concept Plan). The Concept Plan conceptually illustrates one of the many possible layouts of the internal drives, Building areas, Buildings, and parking areas permitted by this Atapco Redevelopment Ordinance. Subject to the definition of Block(s) above, the Concept Plan is conceptual and preliminary, only, and the final site plan(s) shall comply with the Development Requirements but may vary from the Concept Plan in all respects and, as such, by way of example only and not by way of limitation, use areas may vary and the size, location, and configuration of walkways, drives, building pads, landscape areas and parking areas may change. Conceptual Character Imagery: These comprise the elevations and renderings, attached hereto as Exhibit G, Exhibit H and Exhibit I, and are intended to generally and conceptually illustrate an application of the Development Requirements and elements of the anticipated character of the Atapco District. Conceptual Character Imagery are general and preliminary in nature and are not intended to delineate exactly what will be built and developed. For instance, final Buildings designs will comply with the Architectural Standards but will likely vary from the Conceptual Character Imagery of Buildings. Controlling Developer: The Controlling Developer shall mean Atapco Carmel, Inc. The rights of the Controlling Developer may be transferred by the Controlling Developer, in its sole discretion, in whole or in part, but only by a written instrument, signed by the Controlling Developer. Cultural / Entertainment Uses: The uses identified on Exhibit D (Use Table) under the heading of Cultural/Entertainment Uses. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions, if any, applicable to the Real Estate, or any portion thereof, which may be prepared and recorded by the Controlling Developer in its discretion in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time,be amended. Development Plan ("DP"): A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of facilities, Buildings,and Structures. Development Requirements: Written development standards and any written requirements specified in this Atapco Redevelopment Ordinance, which must be satisfied in connection with the approval of a Development Plan. Development Standards Matrix: Exhibit E (Development Standards Matrix) identifying the bulk requirements applicable to each Block. Home Occupation: An Accessory Use conducted in an Apartment that is clearly incidental and secondary to the use of the Apartment for dwelling purposes. 6 Non-residential Building: Any Building the ground floor level of which is occupied primarily by uses other than residential uses identified in Exhibit D (Use Table)and accessory uses thereto. Office and Commercial Use Block: What is identified on Exhibit C (Use Block Map)as the"Office and Commercial Use Block". Office and Residential Use Block: What is identified on Exhibit C (Use Block Map)as the"Office and Residential Use Block". Office Building: Any Building, occupied primarily by any Office Uses, other than a sales/rental office for the sales and/or rental of Apartments. Office Uses: The uses identified on the Use Table under the heading of Office Uses. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Parking Space(s): An area, unenclosed or enclosed in a Building or in an Accessory Building, permanently reserved for the temporary storage of one automobile and connected with a street or alley. Plan Commission: The City's Plan Commission. Real Estate: The Real Estate legally described in Exhibit A(Legal Description). Residential Building: Any Building, occupied primarily by any residential uses identified in Exhibit D (Use Table). Residential Use Block: What is identified on the Exhibit C (Use Block Map) as the"Residential Use Block". Retail & Service Uses: The Uses identified on the Exhibit D (Use Table) under the heading of Retail & Service Uses. Sign: Any type of sign as further defined and regulated by this Atapco Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance. Any structure, fixture, placard, announcement, declaration, device demonstration or insignia used for direction, information, identification or to advertise or promote any business,product,goods,activity, services or any interests. Subdivision Control Ordinance: The City's Subdivision Control Ordinance, No. Z-160, as amended. 7 Tree Preservation Area: The area which is geographically located as described in Section 7.9 and which is subject to the standards identified in Section 7.9 B — 7.9.G of this Atapco Redevelopment Ordinance. Use Block Map: The Use Block Map attached hereto and incorporated herein by reference as Exhibit C (Use Block Map) illustrating the Residential Use Block, the Office and Residential Use Block,the Office and Commercial Use Block. Use Limitations: The limitations included under Section 12 of this Atapco Redevelopment Ordinance. Use Table: The Use Table attached hereto and incorporated herein by reference as Exhibit D (Use Table) identifying the Blocks and the uses permitted within each Block. Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Atapco Redevelopment District; provided, however, that (i) any detached Accessory Structure shall have on all sides the same architectural features and construction materials, and be architecturally compatible with the principal Building(s)with which it is associated and (ii) all Antennas shall be either concealed or camouflaged by Building parapet walls,mechanical screens,or other design methods. Section 4. Residential Use Block. This Block is located on the west side of Clark Street, north of Carmel Drive and south of City Center Drive as depicted on Exhibit C (Use Block Map) and primarily includes Apartments and an Amenity Area. Section 4.1 Permitted Uses: A. Permitted uses within this Block are specified in Exhibit D (Use Table). B. Amenity Area C. There shall be no more than two hundred and eighty-four (284) Apartments permitted within the Residential Use Block. Section 4.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit E (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Atapco Redevelopment Ordinance. C. Applicable lighting requirements are contained in Section 8 of this Atapco Redevelopment Ordinance. 8 D. Applicable signage requirements are contained in Section 9 of this Atapco Redevelopment Ordinance. E. Applicable parking requirements are contained in Section 10 of this Atapco Redevelopment Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Atapco Redevelopment Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Atapco Redevelopment Ordinance. Section 4.3 No provisions of this Atapco Redevelopment Ordinance shall prevent development within this Block from being combined and/or coordinated with property within the Office and Commercial Use Block, provided that a DP is approved including such property. Section 4.4 An Amenity Area shall be provided within this Residential Use Block. Section 4.5 The applicable Architectural Standards are contained within Exhibit F (Architectural Standards). Section 4.6 The Conceptual Character Imagery of Building Architecture and a possible view in the Use Block is contained within Exhibit G (Conceptual Character Imagery — Residential Use Block). Section 5. Office and Residential Use Block. This Block is located on the south side of Cannel Drive, east of Guilford Road as shown on Exhibit C (Use Bock Map)and(i)may contain a mix of Apartments, Office Buildings,Retail & Service Uses and Cultural/Entertainment Uses. Section 5.1 Permitted Uses: A. Permitted uses are specified in Exhibit D(Use Table). B. Amenity Area C. There shall be no more than one hundred and ten (110) Apartments permitted within the Office and Residential Use Block. D. Only Residential Buildings shall be within one-hundred (100) feet of real estate zoned R-1 Residential. Section 5.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit E (Development 9 Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Atapco Redevelopment Ordinance. C. Applicable lighting requirements are contained in Section 8 of this Atapco Redevelopment Ordinance. D. Applicable signage requirements are contained in Section 9 of this Atapco Redevelopment Ordinance. E. Applicable parking requirements are contained in Section 10 of this Atapco Redevelopment Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Atapco Redevelopment Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Atapco Redevelopment Ordinance. Section 5.3 The applicable Architectural Standards are contained within Exhibit F (Architectural Standards). Section 5.4 The Conceptual Character Imagery of Building Architecture and possible view corridors is contained within Exhibit H(Conceptual Character Imagery—Office and Residential Use Block). Section 6. Office and Commercial Use Block. This Block is located on the east side of Guilford Road, between Cannel Drive and City Center Drive, as shown on Exhibit C (Use Block Map) and consists primarily of Office, Retail & Service Uses and Cultural /Entertainment Uses located in multi-story buildings. Section 6.1 Permitted Uses: A. Permitted uses are specified in Exhibit D(Use Table). B. There shall be no more than fifty-two (52) Apartments permitted within the Office and Commercial Use Block. Section 6.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit E (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Atapco Redevelopment Ordinance. 10 C. Applicable lighting requirements are contained in Section 8 of this Atapco Redevelopment Ordinance. D. Applicable signage requirements are contained in Section 9 of this Atapco Redevelopment Ordinance. E. Applicable parking requirements are contained in Section 10 of this Atapco Redevelopment Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Atapco Redevelopment Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Atapco Redevelopment Ordinance. Section 6.3 The applicable Architectural Standards are contained within Exhibit F (Architectural Standards). Section 6.4 The Conceptual Character Imagery of Building Architecture and possible view corridors in the Use Block is contained within Exhibit I (Conceptual Character Imagery—Office and Commercial Use Block). Section 7. Landscaping Requirements. Section 7.1. General Landscaping Standards. Landscaping shall be integrated with, and compliment other functional and ornamental site design elements, such as hardscape materials,paths, sidewalks,fencing, or any water features. A. Plantings along Buildings and streets shall be designed with patterns, and complementary textures and colors, to reinforce the overall character of the area. Alternate or pervious paving material and alternative planting media is required in areas where planting space is limited by restrictions such as Buildings, asphalt or concrete paving, parking lots, and so on. This may include but is not limited to portable planters and/or raised planting beds. B. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices (BMPs) published by the City's Urban Forestry Section. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are factors that shall be addressed. The City's planting details shall be used. C. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental trees shall be at least 1.5 inches caliper when planted. Evergreen trees shall be at least 6 feet in height when planted and can be substituted for (in place of) shrubs with 1 evergreen tree equal to 3 shrubs. Shrubs shall be at least 18 11 inches in height when planted. Ornamental grasses that obtain a mature height of at least 3 feet may be substituted (in place of) shrubs on a 1 to 1 (equivalent)basis. Shade trees may be substituted for(in place of)ornamental trees on a 1 to 1 (equivalent)basis. The preservation of existing plant material is subject to the same size and substitution requirements note in this Section 7.1.C. D. Existing vegetation may be used to achieve project landscaping requirements if(i) the vegetation located on subject parcel is of suitable quality and health, (ii)the vegetation is required to be preserved using accepted best management practices (BMP's) for tree protection during construction and (iii) the vegetation is identified on an approved landscape plan as used to achieve project landscaping requirements. Replacement of existing plant material included on an approved landscape plan used to achieve project landscaping requirements that later dies shall be subject to the same replacement standard as proposed landscape material. E. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of the first Certificate of Occupancy for a Building with an approved ADLS; provided, however, that when because of weather conditions, it is not possible to install the approved landscaping before the issuance of a Certificate of Occupancy, the property owner shall request a temporary Certificate Of Occupancy which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. F. All landscaping is subject to ADLS approval. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Plan Commission or a committee thereof. However, minor alterations of up to ten (10) percent landscaping may be approved by the Director or the Director's designee in order to conform to specific site conditions. G. Low maintenance plantings (i.e. low mow turf, low stature prairie plantings, etc.) may be used to minimize mowing in large open areas as the area is anticipated to develop over time. Section 7.2. Areas to be Landscaped. A. Perimeter Buffering. See Section 7.3 below. B. Street Trees. See Section 7.4 below. C. Foundation Plantings. See Section 7.5 below. D. Parking Lot Plantings. See Section 7.6 below. E. Screening Areas. See Section 7.7 below. 12 F. Storm Water Retention Ponds. See Section 7.8 below. G. Tree Preservation Areas. See Section 7.9 below. H. Additional Plantings. See Section 7.10 below. Section 7.3. Perimeter Buffering. A. Perimeter landscaping along the property lines shall be provided in the form of (i) a minimum forty (40) foot perimeter buffer for portions of the Real Estate perimeter abutting real estate zoned R-1 Residential and (ii) no perimeter buffer is required along the perimeter of the Real Estate other than required in Section 7.3.A(i)above. B. Five (5) shade trees, five (5) ornamental trees, and twenty-seven (27) shrubs per 100 linear feet) shall be provided within the perimeter buffer abutting real estate zoned R-1 Residential. C. Required perimeter buffer plantings may be grouped to allow a more natural planting scheme, where appropriate, and required buffer plantings may be computed as an average across the total linear footage of frontage. However, no tree shall be further than fifty(50)feet from any other tree. D. No perimeter buffering internal to the Atapco District shall be required within, or between,the Use Blocks of the Atapco District. E. All perimeter buffer plantings within the Office and Residential Use Block adjacent to real estate zoned R-1 Residential shall be installed at the time of construction of the first building constructed within said Use Block. Section 7.4. Street Trees. A. Large growing shade trees shall be planted within public street right-of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of forty (40) feet on center and are not required to be evenly spaced. B. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City's Urban Forester in mediating an alternative. 13 C. Street tree species shall be selected from the City's published list of recommended street trees. Street trees shall be pruned to a minimum height of eight (8) feet over sidewalks and twelve (12) feet over streets, to allow free passage along sidewalks and streets. D. Street trees shall be planted on the back (non-street side) of the sidewalk or path if the planting strip between the street and sidewalk/path is not of adequate width to allow for the required street trees. The adequate minimum width along Clark Street shall be five (5) feet and eight(8) feet along all other public streets. Section 7.5. Foundation Planting Standards. Building base landscaping shall be provided at the base of all Building elevations that do not directly abut hardscapes, to enhance the architectural lines of Buildings, frame the primary views to Buildings and public spaces, and blend architectural designs with the landscape. Foundation plantings shall be designed to appropriately complement a Building's use, setback, height, and architectural features. A. With respect to Non-residential Buildings,a planting area equal to an area five (5) feet in depth from the Building perimeter shall be installed on all sides of Building(s). B. Within the foundation planting areas required in Section 7.5(A) above the following shall apply: 1. The primary landscape materials used shall be shrubs, ground cover, and ornamental grasses. 2. Sidewalks, plazas and/or terraces may be permitted in foundation planting areas, but shall not occupy more than thirty (30) percent of the entire planting area on any one side of the Building(s). 3. If an approach driveway or sidewalk cuts into a foundation planting area, the plant material displaced by the driveway or sidewalk shall be added to the Building perimeter planting on any side of the building. 4. Outdoor dining, drive-thru lanes, service areas and sidewalk within ten (10) feet of the public right-of-way or a drive aisle shall be deducted from the overall length of the Building perimeter prior to calculating the required foundation planting area. 5. Foundation planting areas need not be rectangular in shape as long as the required area is landscaped; in other words, undulating, innovative and original designs are required. C. With respect to all Residential Buildings: 14 1. A planting area equal to an area five (5) feet in depth from the Building perimeter shall be installed along the Building frontage on a public street right-of-way. Four(4) shade trees, one (1) ornamental tree, and twenty- five (25) shrubs shall be planted per 100 linear feet of Building perimeter in this area. 2. A planting area equal to an area five (5) feet in depth from the Building perimeter shall be installed along the Building frontage not on public street right-of-way and not occupied by garage doors. Two (2) shade trees, one (1) ornamental tree, and fifteen (15) shrubs shall be planted per 100 linear feet of Building perimeter in this area. Section 7.6. Parking Lot Plantings. A. Lot interior. A minimum of one (1) shade tree and five (5) shrubs per fifteen (15) Parking Spaces shall be provided and the following standards shall also apply: 1. A minimum of four hundred (400) square feet of useable soil area shall be provided for every two (2)trees. 2. Planting islands shall be a minimum of nine (9)feet wide. 3. Larger landscape islands and thereby resulting in fewer islands are encouraged to provide greater soil volumes. B. Lot Perimeter. A minimum five foot(5')wide perimeter planting strip shall be provided on all sides of a parking lot within fifty feet of the public right-of- way) or within fifty feet of the Perimeter of the Real Estate (except where parking areas abut curb-to-building sidewalk) and the following standards shall apply: 1. The area shall contain four (4) shade trees and thirty (30) shrubs and/or ornamental grasses per one hundred(100) lineal feet of planting strip. 2. Low walls or berms (a minimum of thirty (30) inches in height) may be used in lieu of fifty(50)percent of the required plantings. 3. Perimeter planting may occupy the same area as a required perimeter buffering but shall not be counted towards buffer planting requirements; provided, however that in areas where there exists a combination of buffer plantings and parking lot perimeter plantings, the required number of plantings shall not exceed ten (10) trees and forty (40) shrubs per one hundred(100) lineal feet. 4. Parking lot plantings shall not be evenly spaced. 15 5. In areas where the parking lot perimeter is in excess of fifty (50) feet from the street right-of-way or Real Estate perimeter a 5' planting strip shall be provided and planting shall include two (2) shade trees and fifteen (15) shrubs and/or ornamental grasses per one hundred (100) lineal feet of planting strip. Section 7.7. Screening Areas. Screening and landscaping shall prevent direct views of loading areas, ground mounted mechanical/telecommunication equipment and other service areas from adjacent residential properties or from the public right-of-way. Screening and buffering shall be achieved through walls, fences and landscaping, shall be a minimum of five feet tall,and shall be visually impervious. Recesses in the Building or depressed access ramps may also be used. Section 7.8. Storm Water Retention Ponds. Storm water retention ponds will be designed in a non-geometrical in shape with an undulating perimeter. The primary landscaping materials used adjacent to ponds shall be native aquatic shoreline species, trees, shrubs, ground covers, and ornamental grasses appropriately sited for a natural rather than engineered appearance utilizing primarily native plants. In addition storm water management methods including rain gardens, bioswales and/or other LID (Low Impact Design)practices shall be permitted within all landscape areas required under this Section 7. Section 7.9. Tree Preservation Areas. A tree preservation area, a minimum of thirty (30) feet in width, shall be provided adjacent to real estate zoned R-1 Residential subject to the following provisions. A. Tree Preservation Areas shall be delineated as part of Development Plan approval. B. The following best management practices shall be implemented: 1. Removal of invasive species (e.g., bush honeysuckle)where appropriate. (If the application of herbicide treatment after removal of invasive species to prevent them from growing back should occur, then such applications should be done under the oversight of a professional.) 2. Removal of an overabundance of combustible material (e.g., dead, fallen trees and leaves). 3. Removal of vines growing on and up a tree when tree growth is affected. 4. Completing all maintenance activities following industry standard using the latest American National Safety Institute (ANSI) Z-133 and A-300 approved practices and methods. C. The following types of activities shall be permitted: 16 1. Planting of native trees, pursuant to the Indiana Native Tree List provided by the City's Urban Forester. 2. Removal of hazardous, exotic and invasive vegetation, pursuant to the Indiana Exotic and Invasive Plant List provided by the City's Urban Forester. 3. Removal of trees directed to be removed by municipal, county, state or federal authority. 4. Installation of access easements, rights-of-way, streets, paths, trails, sidewalks, utilities and drainage improvements, and minor pedestrian area improvements (e.g., benches, trash receptacles, creek overlook areas). Community Amenities may be permitted upon review and approval by the City's Urban Forester. If appropriate and where feasible, said improvement areas should be limited to perpendicular crossings across Tree Preservation Areas and/or excluded from delineated Tree Preservation Areas. D. The following types of activities shall not be permitted unless otherwise approved by the City's Urban Forester: 1. Removal of living vegetation other than exotic and invasive vegetation and hazardous trees except to accomplish items listed in Section 12.5(B)(iv)of this Ordinance. 2. Mowing any portion of the existing, naturally vegetated Tree Preservation Area, except for along trails, points of access or gathering points. 3. Dumping of leaves or debris from areas other than the Tree Preservation Area. 4. Seeding; including grass seed, prairie mix seed, sod or the planting of any type of vegetation garden unless otherwise approved by the City's Urban Forester. 5. Activities that adversely impact the health, structure or integrity of a designated Tree Preservation Area, including, but not limited to: active recreational activities requiring the placement of playground equipment, paving for basketball or tennis courts and swimming pools. E. Tree Preservation Areas must be easily and permanently identifiable as a Tree Preservation Area through permanent signage posted every five hundred(500) feet around the perimeter of all tree preservation areas. The design and location of such signs shall be coordinated with the City's Urban Forester. 17 F. Barriers shall be used to protect Tree Preservation Areas during site development. Barriers shall be specified on landscape plans and shall be placed beyond the preserved trees dripline, in accordance with the tree preservation details provided by the City's Urban Forester. Such barriers shall remain in place during the site's construction activity. G. The Urban Forester shall be contacted for any disputed activity within the Tree Preservation Area. The Urban Forester shall provide resolution to disputed activity, which may include (i) removal of trees that are a host to an aggressive, life threatening disease or pest that may pose a threat to the vitality of the rest of the forest, (ii) mowing and bush-hogging and (iii) planting of new or replacement trees. Section 7.10. Additional Plantings. A minimum of twelve (12) evergreen trees and twenty (20) shrubs shall be planted on the east side of Clark Street to replace dead or removed plantings within the rear yards of lots abutting Clark Street within the Cannel Station neighborhood to aid in the screening headlights and buffering of those lots from Clark Street. If an agreement can't be reached with individual property owners on the placement of plantings on the subject lot(s)then the Controlling Developer shall seek that approval of the City to install the plantings within the right-of-way of Clark Street. The plantings noted n this Section 7.10 shall be installed prior to the issuance of a Certificate of Occupancy for any building within the Residential Use Block. Section 7.11. Maintenance. It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area exists per the requirements of this Atapco Redevelopment Ordinance, to insure proper maintenance of landscaping in accordance with the Atapco Redevelopment Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Street trees shall be maintained by the owner of the adjacent property. Section 8. Lighting Requirements. Section 8.1. Street Lights. A. Street lighting, when provided on Clark Street, shall be confined to intersections and vehicular access points on Clark Street. B. Street lighting in public street right-of-way shall meet all applicable City standards and be reviewed by the City. Section 8.2. Site Lighting. All site lighting accessory to uses within the Real Estate shall comply with the following standards. A. All site lighting is subject to ADLS approval. No lighting which has been 18 approved by the Plan Commission may later be substantially altered or eliminated without first obtaining further approval from the Plan Commission or a committee thereof. However, Minor Material Alterations of lighting may be approved by the Director or the Director's designee. B. All site lighting shall be coordinated throughout the Real Estate and be of uniform design and materials. C. Exterior lighting of the Building or site shall be designed so that(i) light is not directed off the site and (ii) the light source is shielded from direct offsite viewing. D. For any use abutting detached single-family residential uses, illumination levels shall not exceed 0.3 foot candles at the property line. Building mounted accent lighting typically placed at entrances of apartment buildings shall not be subject to this provision. E. Exterior lighting shall be architecturally integrated with the Building style, material and color. Rooftop lighting is prohibited. F. All exterior ground-mounted architectural, display and decorative lighting shall be generated from concealed, low level fixtures. G. Light fixtures in parking areas shall not exceed twenty-five (25) feet. The height of light fixtures within ninety (90) feet of detached single-family residential uses shall not exceed fifteen(15) feet. H. Lighting in all parking areas serving non-residential uses shall be designed and maintained so that it is reduced, to a lower level reasonably required for security purposes, during the hours that the associated uses are not open for business. For purposes of meeting this requirement (i) at least fifty (50) percent of the site lighting will be turned off or (ii) light levels shall be reduced by up to fifty (50) percent, during hours that the associated uses are not open for business. I. All building and pole mounted lighting fixtures shall have 90-degree cut off and/or flat lenses. Building mounted accent lighting typically placed at entrances and garages of apartment buildings shall be exempt from this provision. J. Ground mounted lighting fixtures are permitted within areas designated for perimeter buffering except that lighting fixtures shall not be permitted within tree preservation areas. Section 9. Signage Requirements. All signage on the Real Estate shall comply with Chapter 25.7 of the Zoning Ordinance as revised, supplemented and amended by this Section 9 of the Atapco Redevelopment Ordinance, subject to ADLS approval. 19 Section 9.1. Incidental Signs (Signs less than three square feet in area and less than three feet in height where ground mounted) shall be permitted and shall be of a number approved by the Plan Commission as part of an ADLS. Section 9.2. Ground mounted signs are permitted within areas designated for perimeter buffering except that ground mounted signs shall not be permitted within tree preservation areas. Section 10. Parking Requirements. Section 10.1. Automobile Parking. A. Except as provided below in this Section 10, the requirements set forth in Section 27.02, 27.03, 27.05 and 27.08 of the Zoning Ordinance shall apply in computing the number of required Parking Spaces, and in determining the location and design standards thereof. B. One and one-half(1.5) spaces per dwelling unit are required. Parking Spaces (i) within driveways (tandem spaces in front of garages) and (ii) within garages shall count toward this requirement. C. For all Retail & Service Uses and Cultural/Entertainment Uses four(4) spaces per one thousand(1,000) square feet of Gross Floor Area are required. D. For all Office Uses one (1) space per three hundred (300) square feet of Gross Floor Area is required. E. Parking within the Residential Use Block and Residential and Office Use blocks shall be located behind the front building setback resulting in parking either beside or behind buildings. F. Parking within the Office and Commercial Use Block shall be limited to a maximum of one row between the building and the street right of way resulting in the vast majority of the parking either beside or behind the buildings. G. Off-street parking areas for two (2) or more different uses may be provided collectively, as one parking area, so long as the total number of spaces provided is not less than the total of the minimum required spaces for each individual use; provided however that where it is established to the Department's satisfaction that adjacent buildings have uses that require parking at complementary times of the day, or complimentary days of the week, then the total number of shared Parking Spaces provided shall be less than the total of the minimum number of spaces required for each individual use. 20 H. Combined parking shall be designed and constructed so as to create a desirable, efficient, and well planned off-street parking area with functional and aesthetic value, attractiveness and compatibility with adjacent land uses. I. Adjacent/adjoining parking lots shall be interconnected by internal driveway and coordinated to accommodate pedestrian access. J. Paths within parking lots of more than one row shall be integrated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or Buildings(s). Such paths may be identified by striping only. K. Above grade, structured parking facilities are permitted and shall have on all exterior sides architectural features that are consistent with the principal Building(s)with which they are associated. L. Parking areas may be constructed without required curbs in areas necessary to accommodate approved storm water management practices. The elimination of curbing shall be subject to review and approval by the City's Department of Engineering to ensure that elimination of curbing is necessary for the proper function of the proposed storm water treatment system. Parking bumpers will be provided in instances where curbs are not present. M. In parking structures a Parking Space may be (i) a minimum width of eight and one-half feet, and one half of the area occupied by supporting columns may be included in determining the width and area of each adjacent Parking Space, (ii) a minimum opening width of seven and one-half feet and (iii) a minimum height of seven (7) feet. Section 10.2. Off-Street Loading and Service Area Requirements. A. Off-street loading and service areas shall be required for office and commercial uses on the Real Estate. The number, size, configuration and distribution of these areas shall be as shown on an approved DP. B. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear or side of Buildings. C. Screening and additional requirements are addressed in Section 7.7 and Section 13.1 of this Atapco Redevelopment Ordinance. Section 10.3 Bicycle Parking and Building Amenities. A. Bicycle parking shall be provided in compliance with Article 27.06 of the Zoning Ordinance. 21 B. Buildings with a Gross Floor Area of more than 50,000 non-residential square feet shall contain a shower, changing and locker facility accessible for employee use. C. Buildings with a Gross Floor Area containing more than 15,000 non- residential square feet shall provide covered, long term bicycle parking at a rate of one space per 5,000 square feet of Building area with a maximum cap of 20 covered spaces. Long term bicycle parking may include an indoor storage area and for exterior bicycle lockers, and shall be identified on the final Development Plan. D. Buildings including apartments shall provide covered, long term bicycle parking at a rate of one space per garage and one-half space per apartment, per building. Long term bicycle parking may include an indoor storage area and for exterior bicycle lockers, and shall be identified on the final Development Plan. Section 11. Pedestrian Circulation. Specific provisions for incorporating pedestrian and bicycle access, circulation and amenities shall be included in the development of the Real Estate. Section 11.I Sidewalks and paths within public street right-of-way shall meet the requirements of the Thoroughfare Plan and the Bicycle and Pedestrian Plan. This shall include the replacement and/or upgrading of existing sidewalks and paths to meet the standards in place at the time of Development Plan Approval. Section 11.2 Sidewalks and paths and walkways shall be provided on both sides of all public streets on the Real Estate and on both sides of all entrances to the Real Estate from all public streets. Section 11.3 Walkways shall be designed to allow pedestrians to access Buildings and Amenity Areas, and shall connect to (i) sidewalks and paths within the pubic rights-of- way along all streets abutting the perimeter of the Real Estate and (ii) sidewalks and paths internal to the Real Estate. Section 11.4 Walkways shall be provided on at least one side of all Non-residential Buildings and shall provide access between rear parking areas and principal Building entrances. The minimum width for such walkways shall be five(5)feet. Section 11.5 Crosswalks shall be installed at strategic locations to facilitate safety where pedestrian and vehicular conflicts exist. Section 11.6 Pedestrian access shall be coordinated with and provided to adjoining properties. Section 11.7 A Pedestrian circulation plan will be submitted for the Atapco District at the time the first Development Plan is submitted and will be updated as Development 22 Plans are submitted in the future to ensure compliance with the requirements of this Section 11. Section 11.8 All sidewalks and paths, in the public right-o-way or on the Real Estate, shall meet all applicable ADA requirements. Section 12. Use Limitations. Section 12.1 Permitted Retail Intensity. There shall be no more than 80,000 square feet of Retail & Service Uses on the Real Estate. Section 12.2 General Agriculture (Farm). This Use as identified as permitted on Exhibit"D"shall be limited and restricted exclusively to the growing of crops. Section 13. Additional Requirements and Standards. Section 13.1. Refuse Storage. Any Accessory Building for storage or disposal of refuse shall meet the following requirements: A. Waste and recyclable materials, and, if applicable, grease or other cooking refuse containers shall be fully enclosed on all four sides except for doors or gates,which shall be kept closed unless loading or unloading. B. The minimum height of an enclosure shall be the greater of(i) six (6) feet or (ii)the height of the dumpster and/or container plus two(2)feet. C. The enclosure shall be architecturally compatible with the principal Building and integrated into the overall site layout. Section 13.2. Premises Identification. Premises identification shall meet the requirements of Article 25.14 of the Zoning Ordinance. Section 13.3. Home Occupations. Home Occupations shall meet the requirements of Article 25.18 of the Zoning Ordinance. Section 13.4. Outdoor Storage. Outdoor Storage shall not be permitted on the Real Estate. Section 13.5. Outdoor Display. As an Accessory Use to the Primary Use, a business shall be permitted to display goods or merchandise in conformance with the requirements of Article 25.21 of the Zoning Ordinance. Section 13.6. Temporary Uses. Temporary Uses, including Construction Facilities, Model Homes, Outdoor Sales, Outdoor Special Events, Seasonal Outdoor Sales, shall be permitted as set forth in Exhibit D (Use Table) and the applicable requirements of Chapter 25 of the Zoning Ordinance. 23 Section 13.7. Right-of-way widths. A. The minimum half right-of-way widths shall be (i) forty-five (45) feet for Guilford Road, (ii) fifty (50) feet for Carmel Drive, (iii) seventy (70) feet for City Center Drive, and (iv) thirty (30) feet for Clark Street. The right-of-way dedicated for Clark Street may differ from the minimum noted above in order to accommodate the design of parking along the Clark Street perimeter of the Real Estate. B. Right-of-way required for (i) the construction of future round-a-bout intersections at (i) Guilford Road and Carmel Drive and (ii) Guilford Road and City Center Drive and shall be dedicated. The minimum area of dedication shall be a one-hundred(150)foot radius at the intersection. Section 13.8. Site Access and Road Improvement Requirements. A. The number and configuration of vehicular access drives into the Real Estate shall be provided as generally illustrated on the Concept Plan unless an alternate number and configuration is approved by the City Engineer. B. Access and roadway improvements will be made as the Real Estate is developed based on the following phasing description: 1. Phase I of the proposed development is to consist of apartments as well as retail and office. In order to identify when intersection improvements will be necessary, Phase I was split into two separate phases, Phase IA and Phase IB. a. Phase IA (residential) will be north of Carmel Drive and includes 284 apartments as depicted on the Concept Plan. b. Phase IB (commercial) will also be north of Carmel Drive and includes office, retail and residential development as depicted on the Concept Plan. 2. Phase II of the proposed development will be south of Cannel Drive and will replace existing office buildings on the site. Phase II will consist of multi-family residential and office development as depicted on the Concept Plan. 3. The substantial completion of roadway improvements shall be tied to the issuance of final Certificates of Occupancy for the buildings noted within each phase of development. C. Details on Roadway Improvements: 24 1. Guilford Road and Carmel Drive. East bound and west bound left-turn lanes shall be constructed in conjunction with Phase IB of the proposed development. 2. Clark Street and Carmel Drive. An eastbound left-turn lane shall be constructed in conjunction with Phase IA. In addition, the southbound approach shall be expanded to include an exclusive left-turn lane and a shared through/right-turn lane when Phase IA is constructed. The westbound left-turn lane shall be constructed in conjunction with Phase II. In addition, the northbound approach shall include an exclusive left-turn lane and a shared through/right-turn lane when Phase II is constructed. 3. City Center Drive and Proposed Access A. This access drive will be constructed when Phase IA of the proposed development is completed. Proposed Access A will be a full access drive and will operate as a one-way stop controlled intersection with the proposed access stopping for City Center. It will include an exclusive eastbound right-turn lane and an exclusive westbound left-turn lane along City Center Drive. These turn lanes should be constructed in conjunction with Phase IB. The drive itself will consist of a single entering lane and two exiting lanes. 4. Clark Street and Proposed Access B. This access drive will be constructed when Phase IA of the proposed development is completed. Proposed Access B will be a full access drive and will operate as a one-way stop controlled intersection with the proposed access stopping for Clark. The drive will consist of a single entering lane and two exiting lanes 5. Cannel Drive and Proposed Access C. The north approach to this access drive will be constructed when Phase IA of the proposed development is completed and the south approach will be constructed when Phase H is constructed. Proposed Access C will be a right-in/right-out drive and will operate as a two-way stop controlled intersection with the proposed access stopping for Cannel Drive. It will include an exclusive eastbound right-turn lane along Cannel Drive. This turn lane shall be constructed in conjunction with Phase II. The drive will consist of a single entering lane and a single exiting lane with a raised splitter island to prevent left-turn movements. In addition, a median will be constructed along Cannel Drive to prevent left-turn movements at this intersection. 6. Guilford Road and Proposed Access D. This access drive will be constructed when Phase II of the proposed development is completed. Proposed Access D will be a full access drive and will operate as a one-way stop controlled intersection with the proposed access stopping for Guilford. The drive will consist of a single entering lane and a single exiting lane. 25 Section 13.9. Service Connection Screening. Mechanical equipment, gas meters, and electric meters shall be screened in a manner consistent with Section 7.7 of this Atapco Redevelopment Ordinance and shall be visually impervious. Recesses in Buildings incorporating gates and other screening methods incorporated into the building design shall meet all applicable building code requirements. Essential mechanical or utilitarian rooftop appurtenances shall be screened on all sides, and upon the approval by the appropriate authority, such items and their screening may be erected to the minimum height appropriate unless prohibited by other laws or ordinances. Such appurtenances shall be defined as, but not limited to cooling towers, elevator bulkheads, conveyors, heating ventilation air conditioning equipment (HVAC), and rooftop stairway access structures.Also see Section 7.7. Section 14. Declaration(s) of Covenants and Owners Association(s). Declarations of Covenant(s), if any, may be prepared by the Controlling Developer in its discretion and recorded with the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners' Association(s). The Declaration(s) of Covenants may establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of all Buildings. Section 15. Procedural Provisions. Section 15.1. Approval or Denial of Plats. A. With respect to any portion of the Atapco District, the platting into smaller sections shall be permitted, but shall not be required in order to divide the Real Estate into smaller areas for purposes of conveying title to a parcel or creating separate tax parcels. Platting or otherwise dividing the Real Estate into smaller parcels for the purpose of conveying title or creating separate tax parcels shall not create property lines to which setback or any other standards of this Atapco Redevelopment Ordinances, the Zoning Ordinance or the Subdivision Control Ordinance shall be applied,provided that development of the parcels conforms to an approved Development Plan. B. All secondary plats for any portion of the Atapco District shall be approved administratively by the Department, and shall not require a public hearing before the Plan Commission, so long as the proposed secondary plat substantially conforms to the corresponding approved primary plat. Section 15.2. Approval or Denial of Development Plans and ADLS. A. Development Plan ("DP") and/or architectural design, exterior lighting, landscaping and signage ("ADLS") approval by the Plan Commission, as prescribed in Chapter 24 of the Zoning Ordinance, shall be required prior to the issuance of a building permit. 26 B. The Plan Commission shall review a DP application to determine if the DP satisfies the Development Requirements specified within this Atapco Redevelopment Ordinance. C. If there is a Substantial Alteration in an approved DP/ADLS, review and approval of the amended plans shall be made by the Plan Commission, or a committee thereof, pursuant to the Plan Commission's Rules of Procedure. Minor Alterations may be approved by the Director. D. The denial by the Director of any request for approval or application may be appealed to the Plan Commission and the denial by the Plan Commission of any request for approval or application may be appealed to the City Council. Section 15.3. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a waiver subject to the requirements of Section 31.04.06.12 of the Zoning Ordinance. Section 15.4. Variance of Development Requirements: The BZA may authorize Variances from the terms of the Atapco Redevelopment Ordinance, subject to the procedure prescribed in Chapter 30 of the Zoning Ordinance. Section 16. Controlling Developer's Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any Signs within the Real Estate; C. Building permits for any Buildings within the Real Estate; D. DP/ADLS, or primary or secondary plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Atapco Redevelopment Ordinance. Section 17. Violations and Enforcement. All violations and enforcement of this Atapco Redevelopment Ordinance shall be subject to Chapter 34 of the Zoning Ordinance. ADOPTED by the Common Council of the City of Carmel, Indiana this 144" day of 9V ?h, , 2013, by a vote of k f ayes and 3 nays. COMMA/60 0 UNCIL FOR THE CITY OF CARMEL /, IW ...C.- AP ' esiding Officer ,vin D. Rider Z". OPPoseD Richard L. Sharp, Presid t Pro Tempore Carol Schleif O f Pase b o P-Pase D Ronald E. Carter W. Eric Seidensticker 11111 At , I 1 1 1 S am Lu ' : yder 11,ATTEST: /if , Diana L. Cordray, IAMC, Clerk-Treas r TT� Presegnted by me to the Mayor of the Cit of Carmel, Indiana thisEAa'y of 4//VP irke 2013, at '° .M. /:OS 0V— 44:Vt.AUX ' s ' / Diana L. Cordray, IAMC, Clerk-Treas r Approved by me, Mayor of the City of Carmel, Indiana, this K../ day of IV tx)-errykit-th 2013, at 'y.00 f.M. I / At...,....,_____...4 mes Brainard,Mayor ATTEST: iLts- .) 4 Diana L. Cordray, IAMC, Clerk-Tr surer This Instrument prepared by: Charles D. Frankenberger, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 3105 East 98`h Street, Suite 170, Indianapolis, IN 46280. ATAPCO PUD-posh 090313 SSC 091713 Exhibit"A" (Legal Description) TRACT 1 Block 8, Cannel Science and Technology Park,the plat of which is recorded in Plat Book 13, Pages 76—77 in the Office of the Recorder of Hamilton County, Indiana TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE: TRACT 2 Lot 1 of the Replat of Block 13, Cannel Science and Technology Park,the plat of which is recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County, Indiana TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE: TRACT 3 Lot 2 of the Replat of Block 13, Cannel Science and Technology Park,the plat of which is recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County,Indiana All of the Tracts above 1 thru 3 contain 34.13 acres,more or less. Exhibit"A"—Page 1 of 1 . . —,,,,,,74.51.4.4.4 ..,,,..„,„........,....„4-..,u*,... ,...-.." ...,......,,,..„1",...„:" .'-,4--,,,,,e't's,..fek-.._:::1: .-„ 4. .. A. : .. RAC S T R . _.T.._-, �� ,$ �WI ` .,. }► y -••4, \ . 'W s ' ,� 3t111"S1ti v * .. • 4,- 1,j `eya_`':+• ' i 6,10.4 ` ,... ; "C * , �Y ` .• f�y� ..- .` r r 1 NE,- .. - i- . '"%.''''' • r Z r� „R " .. ~ .5, et ■N C hP �.. *'7 Y. �r' 1 , W U .y'1' rT .` // 1 -i *S Qom] •r ?\ G3fWSd1JMONCI WAD., _ I ---'—'71-.. • 1 ..1-•••• i 8--—I•`-') ' . - -.-...i ' ,.., • } . e 9 [ ' Fj a ,,, 4 ��,_ T 6 G U I L F O R D R O A D 1mM .-- •----- 7I Exhibit"C" (Use Block Map) r= " ' .� < r j�f�( ! .,: i ....J....-....4.-"1: a 42a + P ,t . . .7 �ek ,- .. .'' r. ' `� e..„••,, `.., _."',' • - . .• , 0 •. , 1-u a• . kt• W44 ,. 1!!"4 K.", !i • w .; 1 ; gadil M ",d 0i �..�, 3 r mga ...." Cacnei, `ter: wi:. • ara....2 ,-.11 IDEINITL �rwi r7 ` ,«Sdetnce And ` E BLOC !►� ,� ,_-- Technology Pak '. . 'y ‘• .. _ + • �� 1 n -„ ::- --go' S ,,La - r %'" Moores �:�` (.. y Corner - 1 t ', OFF! D RES I -TLAL _,' i " S° '-. BLOC: N - .• , ' 4 :. .., � •� - �� I°, ".� • .� te_ � - , , , �. ° :_ %, t, V . ,.. ' 1 . j el"t.'.'^ .one e i o nxw s , s,,: j ' 0 (•'- � - � `�� 'Gut if Reserve` ~ - _ •,rcw++n. nn( ';, Ties 4 _ __ .z'1 } �l It C• 'rd d I ,,• Exhibit"C"Page 1 of 1 Exhibit "D" (Use Table) P=Permitted A=Accessory "Blank"=Prohibited USE BLOCKS Office and Office and Type of Use Residential Residential Commercial Residential Uses Single Family Dwelling Two Family Dwelling Multiple Family Dwelling(Apartment) P P P Accessory Dwelling P P P Mobile Home Court Attached Dwelling P p p Home Occupation A A A Residential Kennel A A A Bed&Breakfast Inn Model Home P p P Guest House Bona Fide Servants Quarters Boarding or Lodging House Nursing/Retirement/Convalescent Facility Continuing Care Retirement Community(CCRC) Private Swimming Pool,etc. A A Office Uses Clinic or Medical Health Center Research Laboratory/Facility P P P General Offices P P P Professional Office P p P Training Facility Institution Uses Church/Temple/Place of Worship Hospital Library Penal or Correctional Institution Post Office Power Generating Plant Public Service Facility Commercial Sewage or Garbage Disposal Plant Water Management&Use Facility Exhibit "D" -Page 1 of 5 Exhibit"D" (Use Table) P=Permitted A=Accessory "Blank"=Prohibited USE BLOCKS Office and Office and Type of Use Residential Residential Commercial Educational Uses School,Trade or Business P P P College or University Day Nursery/Day Care P p Kindergarten/Preschool P p School of Gen Elementary or Secondary Ed. Retail& Service Uses General Retail Sales P p Lumber/Building Materials Sales(enclosed) General Service P p Automobile Service Station Automobile Boat Sales Automobile/Truck Repair(indoor) Manufactured Housing Sales Car Wash Commercial Kennel Dry Cleaning Establishment(with on-site plant) Dry Cleaning Establishment(w/o on-site plant) p Equipment Sales/Repair(indoor) Financial Institution p p Automated Teller Machine(ATM) A A Food Stand p p Funeral Home/Mortuary/Crematory Recreational Vehicle/Mobile Home Sales Roadside Sales Stand Self Service Laundry Sexually Oriented Business Tattoo Studio Veterinary Hospital with commercial kennel Veterinary Hospital without commercial kennel Wholesale Sales Cultural/Entertainment Uses Art Gallery p Exhibit "D" -Page 2 of 5 Exhibit"D" (Use Table) P=Permitted A=Accessory "Blank"=Prohibited USE BLOCKS Office and Office and Type of Use Residential Residential Commercial Art&Music Center p Carnivals,Fairs,Circuses,etc. Hotel Hotel(Full Service) Indoor Theater Outdoor Theater Catering Establishment Restaurant,without drive-thru food sales P P Restaurant,with walk-up/drive-thru food sales Meeting or Party Hall Museum Stadium or Coliseum Tavern/Night Club Industrial Uses Borrow Pit/Top Soil Removal&Storage Heavy Industrial Sanitary Landfill,Junk Yard, Salvage Yard Light Industrial Storage and/or Warehousing, Indoor Storage and/or Warehousing,Outdoor Storage or Sale of petroleum Products Coke Ovens/Brick Yards/Kilns/Open Hearth/Blast Furnace Light Manufacturing Printing/Publishing Establishment P P Storage/Distribution Facility Wholesaling Facility Heavy Manufacturing Agricultural Uses Commercial Greenhouse Raising/Breeding of Non-Farm or Exotic Animals Feed Store Plant Nursery Exhibit"D" -Page 3 of 5 Exhibit "D" (Use Table) P=Permitted A=Accessory "Blank"=Prohibited USE BLOCKS Office and Office and Type of Use Residential Residential Commercial Grain Elevator General Agriculture (Farm) P P P Horse Farm Recreational Commercial Recreational Facility,Indoor Commercial Recreational Facility, Outdoor Community Center Country Club Golf Course Private Club or Lodge Private Recreational Facility P P Riding Stable Park, Public P p p Shooting Gallery Miscellaneous Artificial Lake or Pond(non-platted) Cemetery Historic Site Temporary Uses Construction Facility P p p Display,Outdoor Model Home P p p Sales, Outdoor Sales, Seasonal Outdoor Special Event, Outdoor P p p Transportation & Communication Uses Antenna p p p Collocated Antenna Radio and/or Television Studio Radio/Television Transmission Antenna Radio/Television Transmission Tower Tower Exhibit "D" - Page 4 of 5 Exhibit "D" (Use Table) P=Permitted A=Accessory "Blank"=Prohibited USE BLOCKS Office and Office and Type of Use Residential Residential Commercial Wireless Telecommunications Antenna P P P Wireless Telecommunications Service Tower Motor Bus or Railroad Passenger Station P P Private Airplane Land/Service Facility Private Helicopter Landing/Service Facility Commercial Parking Lot Private Parking Area A A A Truck Stop II Exhibit"D" -Page 5 of 5 Exhibit"E" (Development Standards Matrix) Residential Office/ Office/ Use Block Residential Commercial Use Block Use Block *Minimum Tract Size for DP 5 acres 3 acres n/a Minimum Building Setback from Cannel Drive,Guilford Road and City 10' ****10' 20' Center Drive Minimum Building Setback from Clark Street 15' n/a n/a Maximum Front Building Setback **30' **30' 60' Min. Side/Rear Yard Building Setback n/a 30' n/a ***Maximum Building Height when Building is not adjacent to Clark Street the lesser of the lesser of the lesser of or R-1 zoned property 60' or 4 floors 60' or 4 floors 60' or 4 floors ***Maximum Building Height when Building is adjacent to Clark Street or the lesser of the lesser of n/a R-1 zoned property 40' or 3 floors 40' or 3 floors Minimum Lot Frontage n/a n/a n/a Minimum Lot Size n/a n/a n/a Maximum Lot Coverage 70% 80% 70% Minimum Distance Between Buildings 20' 20' 20' *After approval of a DP a Tract may be divided into smaller areas for the purposes of conveying title. **Applicable to fifty(50)percent of the newly constructed buildings within the noted use Block. Within the Residential Use Block Buildings numbered 4-10 on the Concept Plan shall be constructed subject to the Maximum Front Building Setback. ***"adjacent"—When used in this Exhibit"E"(Development Standards Matrix)the term`adjacent"indicates a building within 100'of the centerline of the noted right-of-way or adjoining property line. ****Applies only to Residential Buildings. Legend: "n/a"—not applicable "s.f."—square feet Exhibit"E"—Page 1 of 1 Exhibit"F" (Architectural Standards) Part 1. Guidelines and Objectives: A. The purpose of these architectural guidelines is to establish design parameters for the development of Atapco District. B. These guidelines describe an architectural style with a flexible design framework where diverse and creative solutions can coexist in a pleasant and harmonic environment. The guidelines will be used as the criteria for the redevelopment of Lakeside and Carmel Corporate Center, including the site and Building design. The guidelines set standards for design quality with the intent to achieve an aesthetically pleasing, sustainable and functionally efficient place that the residents of Lakeside and Carmel will enjoy and inhabit for many years. Part 2. Design Philosophy: A. The design philosophy is intended to create a unique, inviting and visually stimulating environment that provides an opportunity to live, work and shop in the City of Carmel. Bike and pedestrian paths, shopping,the clubhouse and the lake offer social and physical activities for the neighborhood. Ultimately the design objective for the development is to create a safe,friendly, and dynamic,mixed-use community. B. The Atapco District is composed of two principle areas, the Lakeside Residential Area and the Lakeside Commercial Area. Each area will have its own attributes, and each will contribute uniquely to the mixed-use development with complimentary character in Building design, materials, landscaping and scale. The Lakeside Residential Area is defined by three and four-story residential Buildings. The Lakeside Commercial area will have retail and residential uses and includes the existing 2-story office Building, a proposed mixed-use Building and new commercial Buildings 1-2 story in height. Part 3.Architectural Style: A. General: 1. The Building design of the Atapco District will be compatible with the surrounding context and complimentary to their materials, scale and forms. 2. Façades will be formed in various proportions by material changes along the length and height of the Buildings, combining rhythmic and harmonious elements in a holistic composition. B. Building Massing: Exhibit"F"—Page 1 of 8 1. Flat or hipped roofs with articulated cornices or overhangs will be utilized in order to encourage pedestrian oriented pathways. Strategically located vertical and/or articulated features are expected to emphasize focal points of the Buildings. 2. The dimensions and size of the Buildings are intended to be sensitive to "human- scale". 3. Building facades will be augmented with trellises, canopies, awnings and / or colonnades to create a diversity of experiences and to provide shelter from the elements. 4. All of these elements, strategically located, serve as visual landmarks to define public spaces and to enhance the sense of visual and architectural order. C. Materials and Exterior Building Finishes: 1. All Buildings will be designed and constructed with complimentary Building materials and colors. All exterior sides of the Building will be finished in permitted materials. The selection of materials for the Atapco District will be evaluated based on their permanence, ability to withstand weather conditions and visual appearance. Materials located in close contact with the public will be more authentic in character, whereas materials placed above eight (8) feet may be more synthetic in nature. 2. Permitted Materials: Any number of materials may be used in the Atapco District. The following is a list of permitted materials. Materials noted with "Primary Façade"are permitted on Primary Facades. a. Face brick(Primary Façade) b. Smooth faced C.M.U. (concrete masonry units)(Primary Façade) c. Concrete brick d. Cast stone(Primary Façade) e. Limestone(Primary Façade) f. Simulated stone(Primary Façade) g. Terracotta(Primary Façade) h. Fiber Cement Siding(Primary Façade) i. Stucco (Primary Façade) j. EIFS (limited to Non-residential Buildings and only in areas 8' above grade)(Primary Façade) k. Glass(clear, color, sand blast, etched,etc.) (Primary Façade) 1. Storefront(aluminum,wood, steel) (Primary Façade) m. Curtain wall (Primary Façade) n. Exposed structure o. Concrete,brick, or asphalt pavers p. Porcelain and/or ceramic tile q. Textured paint r. Dimensional asphalt shingle roof(Primary Façade) Exhibit"F"—Page 2 of 8 s. Standing seam metal roof (limited to Non-residential Buildings) (Primary Facade) t. Any material not listed above may be approved as part of an ADLS application provided that the Plan Commission finds that the material is of a quality that is equal or superior to the above listed materials. D. Primary Facades: All primary facades of a Building (noted in the illustration below with a solid red line), which for purposes of this Exhibit F is the Building façade of which the primary Building entrance exists, will be designed with consistent style, detail and trim features. In order to provide a pedestrian scaled environment, no Building façade will extend for a distance greater than two (2) times its average height without a vertical offset, material change or color and texture change. Vertical offsets shall be a minimum of two (2) feet in depth. No Building facade will extend for a distance greater than five (5)times its height without a change in elevation. Articulation may also be achieved by a variety of roof planes and/or slopes. Primary facades will incorporate Building elements such as lighting fixtures and changes in wall surfaces such as awnings, canopies, arcades, colonnades, alcoves, accents, windows, a variety of entry configurations, cornices, pilasters, columns or other Building elements that contribute to the human scale of the Building. ', x i°" ' -.N �of, . , -,,,' c I,,,v,i' .1.,y- , ,. ' • 4 > ,,1 t 2 1 ;'13.'P/..e�� E 14 ^ 11 .t P'' ", y '■ '( 1 1 \ ^ ' A 1 �' - ate. _ n ,y.re , , , a p S" i 1 n rU Il f O R D R O A D a 1� .. .. ... �. e E. Secondary Facades: Side and rear facades will be finished in colors compatible with the colors of the primary facades. Secondary facades will incorporate Building materials and detailing of the primary facade for a minimum of fifty (50) percent of the overall wall length. At pass-throughs to parking lots,primary facades will wrap around sides by 50% or more. No Building façade will extend for a distance greater than three (3) times its Exhibit"F"—Page 3 of 8 average height without a vertical offset, material change, color change or texture change. Secondary facades will incorporate Building elements such as pilasters,wainscots, accent banding or other Building elements that contribute to the appropriate scale of the Building. F. Rooftop Equipment: All rooftop HVAC equipment will be screened from view. G. Awnings and Canopies: 1. Awning refers to a metal framed structure covered in fabric or metal roofing, used to add scale, protect from inclement weather, augment an entrance or serve as a backdrop for graphics/signage above a Building storefront. An awning will be additive to a Building and considered non-permanent and not structurally integrated into the Building. 2. Canopy refers to a metal, wood, or masonry supported structure that has a water resistant roof material. It is used to add scale, protect from inclement weather, augment an entrance or serve as a backdrop for graphics/signage above a Building storefront. A canopy will be integral to a Building and considered to be a permanent, structurally integrated component to the Building. 3. Awnings and Canopies will be used at the street level of some Buildings to protect pedestrians from inclement weather and to add architectural interest to the Buildings. Awnings and Canopies will be installed to allow a minimum of 8'-0" and 12'-0"maximum clearance above any sidewalk below. All awnings will have a minimum slope of 7:12. Tenants are encouraged to have awnings or canopies above customer entrances. Service doors are encouraged to look like fmished entrances and not appear exclusively as utilitarian doorways. Use of frosted glass doors and transoms or sidelights are encouraged at service doorways that are visually open to pedestrian and public areas. 4. Awnings will be made of fabric or painted metal. All fabric awnings will have painted steel frames, not aluminum. Glowing or fluorescent colored awnings are not permitted. Canopies will be made of painted metal, stone, brick, painted or stained wood or decorative/molded composite materials as reviewed and approved by the Owner. Awnings and canopies will be suitable for installation of tenant signs and graphics as described in other sections. H. Colors: 1. The overall color palette of the Atapco District is warm earth tones and inspired by the colors of nature. 2. The colors have a strong bias toward beiges and ambers of the natural stone, and warm oranges and reds of the brick. Exhibit"F"—Page 4 of 8 Part 4. Design Categories: In order to better identify the specific design intent for possible uses, these guidelines are divided into design categories associated with the different type of Buildings. These design categories encompass possible but not required uses in the Atapco District. The following is a list of such categories: A. Primary Non-Residential: The design criteria outlined is intended to provide a design standard whereby larger footprint Buildings can be assimilated within the context of the Atapco District and facilitate the development's scale, connectivity, traffic patterns, walk-ability and image. The following is a list of design considerations to be followed: 1. Facades will be articulated to reduce any massive scale or impersonal appearance. Facades will be articulated through the use of (i) changes in the wall plane, (ii) varying materials on the facades, (iii) changes in color of materials, (iv)variation in the fenestration and(v)patterning of the framing for the glazing. 2. Variation in rooflines is required in order to add interest. 3. Entryway design elements and variations will provide orientation and an aesthetically pleasing character to the Building. 4. Weather protection elements will be provided in order to reduce Building scale and to provide shelter. 5. Entrances for retailers will have a strong identification, by utilizing a change in massing, signage and/or color, yet will be compatible with the remainder of the Atapco District. B. Secondary Non-Residential: Smaller retail and service-oriented shops will enhance the Atapco District identity and provide useful amenities to residents, tenants and visitors alike. The presence of small retail stores gives a friendly appearance by creating variety and expanding the range of site activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. The design of secondary and service retail shops will give careful attention to detail at the storefront level, and will include the following: 1. Appropriately scaled entryway features including windows, doors, portals, arcades, recesses and overhanging projections. 2. Attention to appropriate signage and lighting. 3. Environmental and decorative graphics, which will be instrumental in establishing the character and identity of the storefront designs. 4. Users will be encouraged to have large quantities of transparency of storefronts and glazing, between piers, at a height varying from 10 feet to 14 feet from grade. Large expanses of blank walls are prohibited along the storefront of individual Exhibit"F"—Page 5 of 8 businesses. The side and rear of Buildings (non-storefront side of businesses) may include similar storefront treatment. 5. Display windows will be carefully designed and maintained and should include frames and base elements. 6. Facade materials will be aesthetically pleasing and compatible with materials and colors used throughout the Atapco District. 7. Awnings or canopies will be provided above storefronts protect shoppers from natural elements. 8. All roof equipment must be screened from the pedestrian view. Sight line studies must be completed at all grade changes to ensure equipment concealment. Use of parapets or approved decorative screening is required. 9. The parapet height for a one-story Building will be a minimum of twenty (20) feet at the Primary Facades and a minimum of eighteen (18) feet at the Secondary Facades. 10. Only durable materials will be placed from finish grade to eight (8) feet above. Durable materials will not include EIFS products. C. Restaurant Uses: Restaurants provide indoor as well as outdoor activity and generate a sense of place. The design of restaurant uses will give careful attention to detail at the pedestrian level and including the following: 1. Prototype identity for established restaurants will be compatible with the rest of the development. Established restaurants shall be defined as restaurants with a minimum of three locations currently operated under the identical brand. The identity of these prototypes identities shall be comparable in size and location to the rest of the development. 2. Service areas and rear facades will be properly designed to maintain visual quality. 3. Outdoor seating areas and patios are permitted and will be encouraged. Outdoor seating shall be limited to be within three (3) feet of the building face. Patios are permitted at building corners and plazas that do not impede upon pedestrian pathways. 4. Exhaust and mechanical apparatus will be carefully incorporated into the architecture of the Buildings. D. Offices: The offices component of the Atapco District will enhance the vibrancy and appeal of the development by adding human activity at different hours of the day. The architectural style of the offices will complement the existing office Building and the design of the Atapco District. Design considerations will include the following: Exhibit"F"—Page 6 of 8 1. Freestanding Buildings will be oriented to encourage visual and physical connectivity with major pedestrian and vehicular circulation patterns. 2. Each Building will have a minimum of one main entry. Main entrances will meet the following criteria: a. Level of design will be articulated. b. Use of quality materials is required. c. Additional height for visual significance will be appropriate. d. Porte cochere or entry canopies are recommended. 3. As specified in Section 13, service and delivery space will be designed to minimize its visibility. E. Residential Buildings: The architectural style of the residential uses will be compatible with the balance of the Atapco District, shall be consistent with the elevations included under Exhibit G and Exhibit H of this Atapco PUD Ordinance and include the following: 1. The massing and entry features of the Building will include canopies, awnings, porches,masonry coursing, exterior material articulation and/or window mullions. 2. The selections of materials will be complementary and in keeping with the balance of the Atapco District. 3. Windows will be required on all facades. A minimum of two (2) windows shall be provided on each level of each elevation. 4. Residential Building mass will be varied by integrating individual porches approximately every 30 lineal feet. Individual porches will also provide privacy for residents. 5. Public entrances will be provided on the street side of all Residential Buildings located within fifty(50)feet of the street right-of-way. 6. Garages shall be provided on all Residential Buildings. 7. Elevators shall be provided on all 4-story Residential Buildings. 8. The building façade design of the street side of Buildings 1 and 3 as identified on the Concept Plan shall be as reflected on page 2 of Exhibit G. Part 5. Site Amenities and Pedestrian Furniture: A. The selection of architectural amenities will be complementary to the architectural character of the Atapco District. The materials used for the selected amenities will be durable and functional (subject to applicable standards in this Atapco Redevelopment Exhibit"F"—Page 7 of 8 Ordinance)and may include,without limitation,the following: 1. Benches 2. Ash receptacles 3. Trash and recycling receptacles 4. Bike racks 5. Fountains 6. Gazebo 7. Pedestrian walkway and bicycle trail-ways 8. Music systems 9. Flag poles (per the sign requirements of the Zoning Ordinance) 10. Tables/umbrellas 11. Clocks 12. Carts and kiosks (office and commercial areas only) 13. ATM enclosures(office and commercial areas only) B. Any signs, if included on any of the items noted above, will be 3 square feet or smaller to be considered incidental signage. Part 6. Green Building Elements: The following green building elements shall be incorporated into the development of the Real Estate: A. Bicycle lockers B. Best Management Practices for stormwater C. Native landscaping/tree preservation D. Pedestrian and Vehicular Connectivity to adjacent sites E. White membrane/high albedo roof F. Porous pavers/permeable pavement in parking lot where appropriate G. Internal Recycling areas onsite H. Parking islands landscaped to provide shade within 5 years I. High-efficiency lighting inside and outside J. Building and finishing materials sourced from within 500 miles when practicle K. Water-efficient fixtures throughout L. Use of recycled materials in construction and fit-out M. Operable windows for cross-ventilation and light N. High-efficiency HVAC systems O. Use of Energy Star or similar appliances P. Low VOC paints, coatings, and sealants Q. Low-E glass R. Low VOC flooring materials S. 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IinlIgINICHIIN II III Ell a.Rau ivolinrinrin km in Hi III HI a. ... • Clubhouse/Leasing Centers/Architectural Themes Atapco PROPER11133 W ,INC LAKESIDE APARTMENTS AT CARMEL Hi ■1"1,1 ,Ill%, 6.12 I 3 Exhibit"G"-Page 3 of 4 ,Ir., " ,, --. i !_ ! i ! � _ i_ . �_4 . ln _. . . . . . e : L_ __ ___ _ 5 , airil I,1 i II [ It - tiu iti FRONT ELEVATION 's, u I] 1 I „A& [1 ii ri ..iligt„,,,, Li 0 [I I:It ! � r E ,:■':.� :.; ICI �® t i r 4 `, y ___ _ _...... , m_ ..,i..„. n I INENNION '.. .. 111.1 E■ i III ■OO E illJ IOOO JOE SON Or GARAGE/ REAR ELEVATION S±. — L. L L 1 IN E : Pm. r' SIDE ELEVATION Exhibit"G"—Page 4 of 4 Exhibit"H" (Conceptual Character Imagery—Office and Residential Use Block) _ L. ar® � l : 1:- s tmtil�a �i�i pi Ati _ Ala'i l iMr :i--, �{��',11�II'i;ilil_ .-f `! ii ��1�H� ►1 _I iil0 lbw'kw; T _-� Exhibit"H"—Page 1 of 2 11 U ri 0 U U ,---._...&.'' �� l 1,,.44, .‘ _! *.I.-7 — . . - ' -— ' 77-- . 777 [77. m „.„,.._ 1_ . _. : , l 1■B' _ Mill C it . 61 Il !- 11. 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III OD isl tlIM1111111�1es Erma _ . 111111 In - : 111111 : 111111 - 111111 11 ii gill ;.,. 111111 - , 1111.11 �` 1111; I CY ,r Exhibit"I"—Page 1 of 1 • • CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE Z-581-13 Rezone 34.13 acres of Carmel Science & Technology Park (Blocks 8 & 13)to PUD/Planned Unit Development, for residential, office and commercial uses. To: 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. 13040021 Z: Atapco Redevelopment PUD Rezone), petitioning the Commission for a favorable recommendation to rezone From M-3/Manufacturing to PUD. The site is located at 630 & 645 W. Carmel Drive. . The Carmel Plan Commission's recommendation on the petition of the applicant is `Favorable." At its regularly scheduled meeting of September 17, 2013, the Carmel Plan Commission voted Ten (10) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common Council the proposed Ordinance No. Z-581-13 with"Favorable." Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4-608(f), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of the Certification is Wednesday December 18, 2013. CARMEL PLAN COMMISSION BY: Steven R. Stromquist, President ATTEST: J L v o LZ d OZ d3S EIQl Lisa Motz, Secretary Cannel Plan.Commission Dated: September 20, 2013 2013068155 MISC $29.00 11/07/2013 04:15:02P 10 PGS Mary L. Clark Minailsented Recorder IN 11111 lif it 11111 1111 it l l COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE Atapco Cannel, Inc., ("ACI"), and Lakeside Centre One, LLC, ("LCO") make the following commitments (the "Commitments") to the Plan Commission (the "Plan Commission") of the City of Cannel, Indiana (the "City"), effective as of the date these Commitments are recorded with the Recorder of Hamilton County,Indiana(the`Effective Date"): Section 1. Cross Reference. These Commitments are made in connection with the enactment by the City Council of the Atapco Redevelopment Planned Unit Development Ordinance number Z-581-13 (the "PUD") with respect to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit A(the"Property"). Section 2. Ownership. As of the Effective Date, ACI was the owner of what is identified as "Tract 1" ("Tract 1") and "Tract 3"("Tract 3") on Exhibit A and LCO was the owner of what is identified as"Tract 2"("Tract 2")on Exhibit A. Section 3. Definitions. The following definitions shall apply throughout these Commitments. A. "Bunker Buildings" shall mean the office buildings that exist on Tract 1 as of the Effective Date. B. "Cannel Station" shall mean and refer to the Cannel Station, a residential subdivision located in the City, as per the secondary plat thereof recorded with the Recorder and identified on the drawing attached hereto and incorporated herein by reference as Exhibit B(the"Drawing"). C. "Cannel Station Declaration" shall mean the declaration of covenants, conditions and restrictions applicable to Cannel Station. D. "Cannel Station Owners"shall mean the title holders of the various lots in Cannel Station. E. "City's Rules" shall mean the written and published rules of the City's Plan Commission. F. "Clark Street Buildings" shall mean the 3-story apartment buildings that are allowed under the PUD and that flank and abut Clark Street. G. "Existing Fence" shall mean the six foot (6') tall, white shadow box fence that exists on the Effective Date and that is located along some segments of City Center Drive and Clark Street that are contiguous with Cannel Station. H. "Five Cannel Station Lots" shall mean what are identified as Lots 1 through 5 on the Landscape Plan. I. "Landscape Plan" shall mean the Landscape Plan that is attached hereto and incorporated herein by reference as Exhibit C. J. "On-Street Parking" shall mean parking of motor vehicles within the right-of-way of Clark Street. K. "Parking Space" shall be as defined in Section 2.2 of the PUD. L. "Phase IA"shall mean Phase IA as defined in Section 13.8(B)(1)(a)of the PUD. M. "Phase IB" shall mean Phase IB as defined in Section 13.8(B)(1)(b)of the PUD. N. "Primary Facade" shall be as defined in Part 3(D)of Exhibit F of the PUD. O. "Recorder" shall mean the Recorder of Hamilton County,Indiana. P. "Substantial Completion" or "Substantially Complete" shall be as defined in Section 13.8(B)(3)of the PUD. Q. "Supplemental Fence" shall mean a six foot(6')tall,white shadow box fence that is similar to the Existing Fence. R. "Written Authorizations" shall mean, (i) in the case of the removal of the Existing Fence, any and all authorizations and consents needed to remove the Existing Fence including, without limitation, the written consents of the owner(s) of the Five Carmel Station Lots and the written consents, if any, required under the Carmel Station Declaration and (ii) in the case of supplemental landscaping identified in the Landscape Plan, any and all authorizations needed to install the supplemental landscaping identified in the Landscape Plans including, without limitation, the written consents of the owner(s) of lot(s) on which such supplemental landscaping is to be installed and the written consents, if any, required under the Carmel Station Declaration. Section 4. Commitment Concerning Use. ACI and LCO, as owners of the Property, for themselves and for their successors, assigns and grantees, make the following commitments concerning the use and development of the Property: A. On or before the issuance of the first certificate of occupancy for any of the Clark Street Buildings, the Existing Fence shall be removed from each of the Five Cannel Station Lots with respect to which all Written Authorizations are obtained on or before the issuance of the first building permit for any of the Clark Street Buildings. B. On or before the issuance of the first certificate of occupancy for any of the Clark Street Buildings, up to 5 shrubs and 1 tree, of the species identified on the Landscape Plan, shall be planted in the rear yard of each of the Five Cannel Station Lots with respect to which the Existing Fence has been removed pursuant to Section 4(A) immediately above. C. On or before the issuance of the first certificate of occupancy for any of the Clark Street Buildings, the supplemental landscaping identified on the Landscape Plan shall be installed in areas shown on the Landscape Plan with respect to which all Written Authorizations are obtained on or before the issuance of the first building permit for any of the Clark Street Buildings. D. Balconies are prohibited on the eastern facades of the Clark Street Buildings. E. The owners of the Property (i) shall not consent to or request On-Street Parking and(ii)shall not object to the prohibition of On-Street Parking by the City. F. Unless amended, modified or otherwise approve by City Council, after a noticed public hearing before City Council for which notice is provided per the rules of 2 the City Council, (i) the Bunker Buildings shall not be demolished until the completion of construction of the buildings located in the Residential Use Block identified in the PUD and (ii) upon completion of the demolition of the Bunker Buildings, the owner of Tract 1 shall commence construction of buildings that will replace the Bunker Buildings. G. Unless amended, modified or otherwise approve by City Council after a noticed public hearing before City Council for which notice is provided per the rules of the City Council, the road improvements that are required, under Section 13.8(C) of the PUD, to be constructed in conjunction with Phase IB shall be made on or before the Substantial Completion of Phase IA. H. Snow from plowing will not be stored so as to prohibit or block the use of any of the minimum number of Parking Spaces per dwelling unit required under these Commitments; provided, however, that snow from plowing may be stored on Parking Spaces that are in excess of the minimum number of Parking Spaces per dwelling unit required under these Commitments. I. There shall be a minimum of two(2)Parking Spaces per dwelling unit. J. Smooth faced C.M.U. (concrete masonry units) shall not be allowed as an exterior building material on a Primary Façade. K. Whenever notice of any subsequent hearings before the City's Plan Commission regarding the Property is required per the City's Rules, such notice shall be given in accordance with the City's Rules and, in addition, such notice shall be mailed by regular, first-class mail, through the United States Postal Service, (i) to the names and addresses of all Carmel Station Owners identified by the records of the Auditor of Hamilton County, Indiana or if what is identified in Section 4(F)(i) immediately above is not available, then (ii) to all Cannel Station Owners in a manner determined by the Director of the City's Department of Community Services or such Director's equivalent. Section 5. Recording of Commitments. The undersigned shall record these Commitments with the Recorder, Indiana and the Director of the City's Department of Community Services is authorized to record these Commitments with the Recorder. Section 6. Enforcement and Effective Date. These Commitments may be enforced by the City. These Commitments shall not be effective or enforceable until the commencement of the construction and development of the Real Estate in accordance with the PUD. Section 7. Binding on Successors. These Commitments are binding upon each owner of the Property with respect to the portion of the Property owned by such owner and during the time of such owner's ownership and (ii) upon each owner's successor, assign and grantee with respect to the portion of the Property owned by such successor, assign and grantee and during such successor's, assign's and grantee's ownership, unless modified or terminated by the Plan Commission after a public hearing wherein notice is provided by the rules of the Plan Commission. The provisions of this Section 7 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate for which the zoning district or classification is later changed after the Effective Date. (signature page follows) 3 IN WITNESS WHEREOF, ACI and LCO, as owners of the Property, have caused these Commitments to be executed as of the date identified on the Notary below. Atapco Carmel,In By: �j1 'n F. Mc drews, resident Date:November S,2013 STATE OF MARYLAND ) ctTy ) SS: COUNTY OF BALTIMORE ) Before me, a Notary Public in and for said County and State, personally appeared Kevin F. McAndrews, President of Atapco Cannel, Inc., a Maryland corporation, who acknowledged the execution and the foregoing Commitments Concerning Use and Development of Real Estate this S day of November,2013 for and on behalf of said entity. My Commission Expires: yam, - erroor� 10-06- Zo i S Notary Public Residing in Wla.v-y I zt.Lact 1_ g-j' F. 3F1/4--"S A County of 11 I4-f vNore_..CI fr Printed Name �Illllllf/��, %`,,�, j�••�DTAk s (2nd signature page follows) ; me®• 2 • Q, 4 Lakeside Centre OK LLC / I By: K: F.McAn7ews, President Date:November 5 ,2013 STATE OF MARYLAND ) ccry SS: COUNTY OF BALTIMORE ) Before me, a Notary Public in and for said County and State, personally appeared Kevin F. McAndrews, President of Lakeside Centre One, LLC, a Maryland limited liability company, who acknowledged the execution and the foregoing Commitments Concerning Use and Development of Real Estate this .54`•day of November,2013 for and on behalf of said entity. My Commission Expires: `Q - 7. 10-06- 2.o15- Notary Public �� F ......... 8� Residing in N'1 I zi"d LA-vt-�4 i -e144 �� ,'r''• oTA ` y': County, 77z., li iovz. Ct+y Printed Name e• i % .z '/BLLG ''I 021•••MNN�•1s� ` This instrument prepared by Charles D. Frankenberger, Nelson & Frankenberger, Indianapolis, Indiana. Return to: Charles D. Frankenberger Nelson & Frankenberger, 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Indianapolis,Indiana. I affirm under the penalties of perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. Charles D. Frankenberger. 5 EXHIBIT A (Legal Description) TRACT 1 Block 8, Carmel Science and Technology Park,the plat of which is recorded in Plat Book 13, Pages 76—77 in the Office of the Recorder of Hamilton County,Indiana TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE: TRACT 2 Lot 1 containing 6.79 acres+/-of the Replat of Block 13,Carmel Science and Technology Park, the plat of which is recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County,Indiana TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE: TRACT 3 Lot 2 containing 15.86 acres+/-of the Replat of Block 13, Carmel Science and Technology Park,the plat of which is recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County,Indiana All of the Tracts above 1 thru 3 contain 34.13 acres,more or less. EXHIBIT B f• .o.) - CD r-""1444111101 ' 17:::" -- - .' ''' 11-1'... . 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