PLAN COMMISSION STAFF REPORT

Transcription

1 PLAN COMMISSION STAFF REPORT ITEM NO: 3A APPLICATION NO MEETING DATE: April 16, 2018 SUBJECT: PETITIONER(S): SUMMARY: LOCATION: WAIVERS REQUESTED: Change of Zoning and Adoption of a Preliminary Development Plan and Ordinance regulations SR 32 Hazel Dell, LLC (Owners) and KennMar LLC (Developer/Applicant) Adoption of a mixed use preliminary development plan and ordinance for multi-family residential (townshomes) and commercial South of State Road No. 32 (Westfield Road) and east of Hazel Dell Road Commercial (1) lot to width ratio and (2) maximum impervious surface for each individual lot; Residential - (1) minimum front yard setback and (2) maximum lot coverage Overall Project (1) reduction of the peripheral landscape buffer around entire site RECOMMENDATION: PREPARED BY: Approval Joyceann Yelton, Development Services Manager jyelton@noblesville.in.us Page 1

2 Planning Terms Preliminary Development Plan - The initial development plans as proposed for a Planned Development following approval by the Plan Commission and adoption by the Common Council of said drawings and Planned Development (PD) ordinance including any waivers from the underlying zoning district regulations and commitments by the developer for said real property. Procedure The application was filed January 28, 2018 for a public hearing at the March 19, 2018 Plan Commission meeting. Because the applicant did not supply in sufficient detail the Architectural plans for the residential component, the item was continued until the April 19, 2018 Plan Commission meeting. Prior to the Plan Commission meeting, the item was introduced to the City Council for their comments regarding this proposal. The Council comments are to be addressed prior to the public hearing at the Plan Commission meeting. The Plan Commission hears the evidence presented by Staff, applicant/owner, and any individuals in the audience wishing to speak for or against the proposed project or to just ask questions. The Plan Commission then makes a recommendation to the Common Council for either adoption, denial, amends the applicants proposal, or no recommendation. The Plan Commission has the authority to modify the proposal and/or attach conditions to the recommendation. The Council then hears the proposal, including the Plan Commission s recommendation at two separate Council meetings. At the final Council meeting, the amendment(s) as presented in an Ordinance format is adopted, denied, or modified by the Council. Prior to the public hearing before the Commission, a published legal notice is advertised in the newspapers and public hearing notices are sent to the surrounding property owners per the adopted Rules of Procedure and have satisfactorily been completed. Beginning with the filing deadline date, the overall process is approximately days provided there are no continuances. Staff has posted a sign on-site including the date, time, and location of the Plan Commission meeting. Correspondence Two telephone inquiries from an adjacent property owners to the east and west wanting additional information have been received. Summary This site is located south of State Road No. 32 and east of Hazel Dell Road. (Aerial Photograph Exhibit 1) This acreage was originally known as the Shoppes at the Dell Planned Development which was adopted in 2006 but never was finalized with the approval of their Page 2

3 construction plans. The original approval included five commercial building lots and office uses proposed in the area now proposed for multi-family (townhomes). The overall acreage of the property is approximately 23 acres with ten acres dedicated to the commercial portion and the remaining 13 acres devoted to the townhomes units. The proposal is to create six commercial lots fronting along State Road No. 32 with the townhomes being constructed behind or south of the commercial development. Within the overall development (Preliminary Development Plan Exhibit 2) one wavier to be considered deals with the required peripheral buffer yard of 50-FT surrounding the entire development. The developer has proposed a 15-FT buffer from the southern portion of the driveway for each unit along the southern property line continuing to a 30-FT building setback line and regulated drainage easement adjacent to the trail; eastern property of the residentially zoned property is providing a 15-FT buffer yard with a 20-FT buffer yard adjacent to the commercially zoned property; west 20-FT buffer for the commercially zoned property and 10-FT buffer for the residentially zoned property and north is a 20-FT buffer. (Refer to table below) Buffer Yards Commercially zoned property (Proposed) Residentially zoned property (Proposed) North 20-FT NA West 20-FT 10-FT South 0-FT 15-FT plus a 30-FT regulated drainage easement East 20-FT 15-FT plus the detention pond Residential Portion (Proposed Ordinance and Exhibits Exhibit 3) The applicant is proposing 81 townhome units. The southern most units will have their front elevations facing the Midland Trace trail. That trail property is currently controlled by the City of Noblesville for the trail expansion. The applicant is proposing thirteen 5-unit buildings and two 4-unit buildings on the 12.5 acres. Adjacent to the west will be the detention pond consisting of approximately one acre. All ingress/egress to the site will be provided via private ingress/egress ways. Setbacks along these private drives such as (Road A) are established from the centerline and not the outer limits of the private ingress/egress ways. The residential units were reviewed by the Architectural Review Board. The ARB approved the elevations with the following stipulations: (1) exterior materials will consist of brick, wood, or cementuous fiber materials; (2) requires first floor brick wrap; (3) minimum square footage of each unit is 1,700; and (4) colors on the rear elevations will alternate per unit and be of earth tones. The private ingress/egress-ways within the residential portion of the development vary in size from Page 3

4 20-FT to 24-FT in width. The width difference allows for the on-site parking on the 24-FT wide ingress/egress ways. The applicant has provided for 28 additional parking spaces scattered throughout the 12.5 acres. Residential Bulk Standards Standards UDO Requirement Proposed Minimum Lot Width 150-FT 800-FT+ Minimum Lot size per dwelling unit 3,000-FT per unit 6,816-SF per unit Maximum building height 45-FT 32-FT Minimum front yard setback Minimum side yard setback between buildings Minimum side yard setback total between buildings and property lines 45-FT 5-FT 20% of the lot width (160-FT+) and minimum of 5-FT 50-FT from centerline of private drive or approximately 38-FT from edge of pavement (north units) 60-FT+ 313-FT total West 37-FT East 276-FT+ Minimum Rear Yard setback 20-FT 52-FT Minimum Floor Area per dwelling unit 600-SF 1,700-SF Maximum floor area ratio 60% 40% Maximum Lot Coverage 65% 66% The proposed residential lot does not front a street. Based on the Unified Development Ordinance a street is defined as denoting a public way for purposes of vehicular travel including the entire area within the right-of-way. A waiver would have to be granted to this requirement. Commercial Portion The applicant is proposing six commercial lots ranging in acreage between 1.37 acres to the largest at 2.58 acres. The proposed six lots are similar to what was proposed in the original development in The proposed uses would include mostly retail and office uses. Again, the internal ingress/egress network is all private to be maintained by the developer or a neighborhood association. At the time of writing, proposed access to the site will be a right- Page 4

5 in/right-out along Hazel Dell Road, a right-in/right-out along State Road No. 32 and one full access along State Road 32. Standards UDO Requirement Proposed Minimum Lot Size 20,000-SF 59,678-SF Minimum Lot Width 1:2 Width to Length ratio 1:1 is a minimum it increases but does not meet the 1:2 ratio Maximum Floor Area Ratio 60% To be determined at building permit stage Maximum Impervious Surface 75% 75% for total of all lots but a maximum on in individual lot is 80% Minimum Front Yard 60-FT >60-FT Minimum Side Yards abutting residential Minimum Side yard abutting other uses Minimum rear yard abutting residential uses Minimum rear yard abutting other uses 15-FT 10-FT 20-FT 10-FT 60-FT+ >50-FT 150-FT+ NA Maximum building height 35-FT 24-FT As for proposed signage for the development, (Proposed Sign Exhibit 4) the sign is not provided as Exhibit G in the attached ordinance. The development across the State Road No. 32 (north side) and known as the Promenade was permitted a designation sign at a maximum of 25-FT in height and a clearance between the sign panel and the grade of approximately 7.2 feet, and a signable area of approximately 160 square feet which was approved in The other development located adjacent to the northwest intersection of State Road No 32 and Hazel Dell Road is known at Pebble Brook Village. Their designation sign was capped at a 25-FT height, approximately 90-square feet of signable area. The difference in the signable area has to do with the width of the sign. All signage is to be individual channel letters except panels may be used for the commercial tenant names. The proposed sign is 27-FT in height and has 265-SF of signable area. The intent of the designation sign is not to list each and every business in this development on the sign but for the major tenants. Staff makes the following suggestions: (1) reduce the height of the sign to 25-FT maximum and (2) reduce the signable square footage to 160-SF. Twenty items of information are permitted on Page 5

6 a designation sign as per the Unified Development Ordinance. The words of Noblesville are required to be an integral part of the designation sign and shall be at a minimum 50% of the letter height of the largest letters in the development name. Staff was not able to determine the location of the designation sign on the preliminary development plan. As for any separate signage for the townhomes because it does not front on a street, no signage would be permitted. Their name could be provided on the proposed designation sign. The designation sign must be constructed of materials that are similar to the commercial building materials and the same in color. Uses that are permitted by right in the PB Planned Business zoning district as per the Unified Development Ordinance and permitted by the proposed planned development ordinance include: Child and Adult Care Service Centers, Pre-School, Business/Trade School, Fire and Police Stations, Library, Post Office, Public Service Facility, Gallery or Museum, Hotel or Motel, Indoor Cinema or Theater, Indoor Commercial Recreation, Health and Fitness Facility, Animal Hospital and Veterinarian Offices, Automated Teller Machine, Automobile Fuel Station; Bar, Tavern, Lounge, Night Club, or Brewpub; Car Wash, Commercial Kennel; Financial, Insurance and Real Estate Services; Laundry/Dry Cleaners without On-Site Plant; Laundry/Dry Cleaners with an On-Site Plant; Mortuary/Funeral Home; Offices, Offices and Clinics of physicians, dentists, or other health care practitioners; Personal Care Establishment; Professional and Technical Services; Restaurant with drive-thru, without drive-thru, and stand alone; retail sales; Equipment Repair and Service (indoor); and agricultural uses. The applicant has made the ordinance somewhat confusing at they have struck items labeled as conditional without taking into consideration the entire list. (The ordinance will be modified to better reflect what is meant when conditional uses are being requested in this development). This item was introduced at the Council meeting on February 13, The following is a list of Council concerns/suggestions: 1. Length of driveways (20-FT from rear of garage to pavement) 2. Extra parking areas for visitors (Provided throughout development) 3. List of permitted uses (Provided prohibited uses) 4. Access to Midland Trace Trail (Provided along the southern property line) 5. Recreational facilities or amenities next to detention pond 6. Add additional architectural features to the town homes located along the western property line (rear of homes face outward) 7. Possibly change the rear of the homes along the eastern property line so that the rear of the home does not face the pond 8. Provide elevation drawing of proposed sign and location (Provided sign elevation) 9. Modify the layout of the townhomes to create a gathering space in the center of the development. Page 6

7 These concerns/suggestions were supplied to the attorney and developer within a few days of the Council Introduction meeting. A traffic impact study was completed by American Structurepoint, Inc. The scope of the study was for the purpose of determining the impacts of the proposed development on the surrounding roadway network of State Road No. 32 and Hazel Dell Road. The study identified the effects of the proposed development and provides recommendations for roadway improvements. Intersections considered in this study included: Little Chicago Road and Pebble Village Lane, State Road No. 32 and Little Chicago Road/Hazel Dell Road, Approximately 550-FT +/- south of State Road No. 32 along Hazel Dell Road, and along State Road No. 32 at both entrances to the Promenade Planned Development (north side of SR 32). For the ultimate buildout, which is scheduled to be completed in five to six years after beginning the construction, the following are recommendations for improvements to the area as provided in the Traffic Study: State Road No. 32 & Promenade Shops Boulevard (Eastern most entrance) Full access drive Installation of a traffic signal with permissive left-turns on all approaches Addition of an eastbound right-turn lane with a minimum of 100-FT storage and a 100-FT taper State Road No.32 & the right-in/right-out at the mid-access drive Addition of an eastbound right-turn lane with a minimum of 50-FT storage and a 100-FT taper State Road No. 32 and Hazel Dell Road Optimized signal timings for State Road 32 and Hazel Dell Road Please keep in mind that these are recommendations only with the ultimate approval being conducted by the Indiana Department of Transportation (INDOT) and our City Engineer. History The Original Planned Development known as Shoppes at the Dell was adopted in 2006 and expired sometime during the 2013 through During 2014 the developer, at that time, proposed to change the zoning and amended the original development plan to permit multi-family development (apartments) on the back 12 acres. This was never fully acted upon as the developer withdrew the request. Page 7

8 Item Description Analysis Surrounding Land Uses Comprehensive Master Plan and Future Land Use Traffic Circulations and Thoroughfare Plan Environmental and Utility Considerations North Vacant, proposed as Commercial retail uses (Promenade, very little developed) and Pebble Brook Village Center at the northwest corner. South Large parcel residential uses East - Residential Homes West Large parcels with a residential house and accessory buildings and across Hazel Dell Road acreage that is currently zoned PB Planned Business but is undeveloped. Commercial State Road No. 32 and Hazel Dell Road NA The surrounding land uses are similar in nature and therefore are compatible with each other. The commercial land use classification comprises the majority of retail and service business development within Noblesville. It generally is oriented to automobile access and includes retail, restaurants, personal service, office hotel, and automobile-related uses concentrated within a shopping center and outlot parcels. Both road ways are Primary Arterials. A Primary Arterial services corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel or connects major population center to rural areas or service major center of activity and the highest traffic volume corridors with the longest trip desires in urban areas. NA TAC Comments HC Surveyor s office Upgrading the Russell Shugart Legal Drain as per the County Surveyor Attachments Exhibit 1 Aerial Photograph Exhibit 2 Preliminary Development Plan Exhibit 3 Proposed Ordinance and attachments Exhibit 4 Proposed Designation Sign Staff notes there are some changes to be made to the ordinance in order to clarify some of the standards and/or commitments. Recommendation Staff supports the proposed planned development overlay as it is compatible with the commercial designation within the comprehensive master plan, it fronts along two primary arterials, and the proposed townhomes will be adjacent to the Midland Trace Trail providing access eventually across Noblesville and into other surrounding communities and it appears to be compatible with the surrounding land uses. Page 8

9 Motions 1. Motion to approve the preliminary development plans and ordinance for Hazel Dell Trails & Marketplace as per Application No including the following Waivers: (1) Reduction of the peripheral landscape buffer to the reductions indicated on the preliminary development plan at those specific locations with the peripheral landscaping buffer between feet in width; (2) minimum front yard setback for the residential portion to 38-FT from centerline of the abutting ingress/egress drive; (3) maximum lot coverage at 66% for the residential; (4) minimum lot ratio of width to depth at a 1:1 for the commercial lots; and (5) a maximum impervious surface of 80% for each individual lot but not to including the following exceed 75% impervious surface for the total of all lots; Stipulations: (1) exterior materials of the residential buildings will include brick, wood, masonry products and/or cementuous fiber materials; (2) requires first floor brick wrap; (3) Minimum square footage of each unit 1,700-SF (4) Colors on the rear elevations of each unit will alternative and be of earth tones (5) Reduce the sign height to 25-FT maximum and reduce the signable area to 160-SF maximum. (6) Amendments to the Plans/Ordinance shall be addressed as per Staff and Plan Commission comments and be resubmitted to Planning Staff no later than May 4, 2018 by 2:00 PM. and to forward a favorable recommendation for adoption to the City Council. 2. Motion to deny the requested Preliminary Development Plan and Ordinance as per Application No and forward a Do Not Adopt recommendation to the City Council. (LIST REASONS) 3. Motion to continue Application No until (date) meeting. Next Plan Commission Meeting Dates: May 21, 2018 June 18, 2018 Page 9

10 AERIAL PHOTOGRAPH April 10, 2018 Wetlands Parcels EXHIBIT Basemap information here 0.1 1:5, mi 0.2 km

11 SITE LEGEND A Commercial RealEstateCompany PO Box Indianapolis, Indiana TEL EXISTING LEGEND 7260 Shadeland Station Indianapolis, Indiana TEL FAX SITE DATA TABLE HAZEL DELL TRAILS & MARKETPLACE PLOT DATE: 3/30/2018 9:13 AM PLOT SCALE: 1: EDIT DATE: 3/29/2018 EDITED BY: JOLASHUK DRAWING FILE: P:\2017\01067\D. Drawings\Civil\Construction Documents\Road & Utility Infrastructure Plans\ CE.C200.ODP_INF.dwg ROAD & UTILITY INFRASTRUCTURE PLANS State Road 32 & Hazel Dell Road Noblesville, IN DATE: 01/29/2018 Project Number CERTIFIED BY ISSUANCE INDEX PROJECT PHASE: APPROVAL PENDING NOT FOR CONSTRUCTION PRELIM. DEVELOPMENT PLAN REVISION SCHEDULE NO. DESCRIPTION DATE C OVERALL DEVELOPMENT PLAN

12 EXHIBIT 3 ORDINANCE NO AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE AND OFFICIAL ZONING MAPS, AND THE ADOPTION OF A PRELIMINARY DEVELOPMENT PLAN AND PLANNED DEVELOPMENT ORDINANCE, A PART OF THE COMPREHENSIVE MASTER PLAN OF THE CITY OF NOBLESVILLE, HAMILTON COUNTY, INDIANA An ordinance to amend the Unified Development Ordinance ( UDO ) for the City of Noblesville, Hamilton County, Indiana, enacted by the City of Noblesville under authority of IC , 600 SERIES-ZONING ORDINANCE, as amended, and IC , 1500 SERIES-PLANNED UNIT DEVELOPMENT, as amended. WHEREAS, certain real estate in the City of Noblesville and described on Exhibits A and B attached hereto (the Real Estate ) was rezoned to the PB/PD classification pursuant to Ordinance , recorded as Instrument No in the office of the Recorder of Hamilton County, Indiana (the Existing PUD Ordinance ); and WHEREAS, the owner of the Real Estate seeks to develop the Real Estate in a different manner and with different uses than as set forth in the Existing PUD Ordinance; and WHEREAS, the Plan Commission of the City of Noblesville (the Plan Commission ) conducted a public hearing on application number ( the Petition ) at its, 2018, meeting as required by law in regard to the application filed by SR 32 & Hazel Dell, LLC, for a change of zoning and adoption of a preliminary development plan governing standards; and WHEREAS, the Plan Commission sent a favorable recommendation relating to the Petition to the Common Council of the City of Noblesville, Indiana, by a vote of in favor and opposed; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Noblesville, Hamilton County, Indiana, meeting in regular session, that the Unified Development Ordinance for said City, and the Official Zoning Map (the Zoning Map ) for said City, shall be amended as follows: SECTION 1. Applicability of Ordinance. 1.1 The Zoning Map is hereby changed to designate the land described in Exhibit A, attached hereto (the Commercial Real Estate ), as a PB/PD Planned Development District (the Commercial District ) to be known as Hazel Dell Trails & Marketplace (of Noblesville) Planned Development, as described herein. The Existing PUD Ordinance is hereby terminated and no longer applies to the Commercial Real Estate v2 Page 1

13 1.2 The Commercial District s underlying zoning district shall be the PB Planned Business District (the Underlying Commercial District ). Development in this Commercial District shall be governed by (i) the provisions of this Ordinance and its exhibits and (ii) those provisions of the UDO in effect as of January 29, 2018 and applicable to the Underlying Commercial District, except as modified, revised, supplemented or expressly made inapplicable by this Ordinance (collectively, the Governing Commercial Standards ). 1.3 The Zoning Map is hereby changed to designate the land described in Exhibit B attached hereto (the Residential Real Estate ) as an R-5/PD Planned Development District (the Residential District ) to be known as Hazel Dell Trails& Marketplace (of Noblesville Planned Development), as described herein. The Existing PUD Ordinance is hereby terminated and no longer applies to the Residential Real Estate. 1.4 The Residential District s underlying zoning district shall be the R-5 Residential District (the Underlying Residential District ). Development in this Residential District shall be governed by (i) the provisions of this Ordinance and its exhibits and (ii) those provisions of the UDO in effect as of January 29, 2018 and applicable to the Underlying Residential District, except as modified, revised, supplemented or expressly made inapplicable, by this Ordinance (collectively, the Governing Residential Standards ). 1.5 All provisions and representations of the UDO that conflict with the provisions of this Ordinance and its exhibits are hereby rescinded as applied to the Real Estate and shall be superseded by the terms of this Ordinance. SECTION 2. Definitions. 2.1 The general rules of construction set forth in Article 2 of the UDO and the definitions set forth in this Ordinance shall apply to the regulations of this Ordinance. Words not defined herein but defined in the UDO shall be interpreted in accordance with the UDO definition. 2.2 Preliminary Development Plan: The oversized, scaled development plans on file with the City of Noblesville Planning and Development Department dated January 29, The development plan as attached hereto as Exhibit C is a general representation of the oversized plans on file. 2.3 Approved Elevation: The set of home elevations on file with the City of Noblesville s Planning and Development Department dated January 29, 2018, as reviewed and approved by the City s Architectural Review Board at its March 21, 2018 meeting. The exhibit attached hereto as Exhibit D is a sampling and general representation of those approved elevations. SECTION 3. Permitted Uses. 3.1 The following uses shall be permitted within each District: A. All uses permitted in the Underlying District v2 Page 2

14 B. Accessory buildings and uses customarily incidental to any of the permitted uses. C. Prohibited uses within each District shall be as set forth in the Commitments attached hereto as Exhibit F. SECTION 4. Preliminary Development Plan. The Preliminary Development Plan is hereby incorporated and approved. Pursuant to Article 8, Section 3, of the UDO, the Preliminary Development Plan is intended to establish the basic goals and policies, bulk standards, architectural standards, and variations/waivers from the Underlying Commercial District and the Underlying Residential District standards and layout of the proposed development. SECTION 5. Commercial Bulk Standards. The bulk standards set forth in Table 8.C of the UDO shall apply to the Commercial District, except as noted below: 5.1 The Commercial District shall allow a Minimum Side Yard Setback of ten feet (10 ). 5.2 The Commercial District shall allow a Minimum Front Setback of thirty-five feet (35 ), measured from the property line as it intersects with the south (and east) access drives. 5.3 The Commercial District shall allow a Minimum Front Yard Setback of sixty feet (60 ), measured from the rights of way of State Road 32 and Hazel Dell Parkway. 5.4 The minimum lot width to depth ratio shall be 1:1.2 up to a minimum of 2 lots; otherwise, a minimum of 1: The Maximum Impervious Surface Coverage shall be 75%, cumulatively for all lots. Maximum Impervious Surface Coverage for any individual lot shall be 80%. SECTION 6. Bulk Standards. The bulk standards set forth in Table 8.B of the UDO and applicable to the Underlying District shall apply, except as noted below: 6.1 The Residential Real Estate shall allow for a minimum separation of twenty feet (20 ) between buildings. 6.2 The Residential Real Estate shall allow for a Minimum Rear Yard Setback of twenty feet (20 ) 6.3 The Residential Real Estate shall allow for a Minimum Front Yard Setback of forty feet (40 ), measured from the property line as it intersects with the north access drive, and thirty feet (30 ), measure from the south property line. 6.4 The Minimum Lot Area per Dwelling Unit shall be 7,000 square feet per unit. 6.5 The Maximum Floor Area Ratio shall not exceed 40%. 6.6 The Maximum Lot Coverage shall be 65% v2 Page 3

15 6.7 The Minimum Floor Area (per Dwelling Unit) shall be 850 square feet on the first floor, and 1,700 square feet total. 6.8 The minimum driveway length, measured from the curb of the adjoining street to the face of the garage door, shall be twenty (20) feet. SECTION 7. Parking Standards. The standards of Article 10, Off-Street Parking and Loading, of the UDO shall apply. In addition, the Residential District shall provide at least twenty eight (28) spaces for guest/visitor parking, generally in the area as shown on the Preliminary Development Plan. SECTION 8. Landscaping and Open Space Standards. The standards of Article 12, Landscaping and Screening, of the UDO shall apply, except as noted below: 8.1 A twenty foot (20 ) landscape buffer, substantially in compliance with the plans shown on the Preliminary Development Plan, shall be located along the north, east and west perimeter property lines, as well as the south property lines of Lots 1 and 2 of the Commercial Real Estate, and variable width landscape buffers, substantially in compliance with the plans shown on the Preliminary Development Plan, shall be located along the north ( feet), south (ten (10) feet), east (fifteen (15) feet) and west (ten (10) feet)property lines of the Residential Real Estate. 8.2 The permanent open space shall be equivalent to that shown on the Preliminary Development Plan, provided that in no event shall less than 28% of the Real Estate be Open Space. SECTION 9. Lighting Standards. The standards of Article 13, Environmental Performance Standards, of the UDO, shall apply. SECTION 10. Sign Standards. The District's signs shall comply with Article 11 of the UDO. The identifying signage for the Commercial District shall be substantially similar to that shown on Exhibit G-1, and the identifying signage for the Commercial District shall be substantially similar to that shown on Exhibit G-2. SECTION 11. Architectural Standards New construction with the Residential District shall substantially comply in quality and character as the elevations shown in Exhibit D, and new construction within the Commercial District shall substantially comply in quality and character as the photographs shown in Exhibit E The Director of the Planning Department, or his/her designees, shall review and approve building elevations at the time of filing of the Detailed Development Plan, and/or individual Building Permits, for substantial compliance with the Architectural Illustrations. If the Director determines proposed building elevations do not substantially comply with the Architectural Illustrations, then the Architectural Review Board shall review and may approve the proposed building elevations v2 Page 4

16 SECTION 12. Amenities. The following amenities shall be featured on the Real Estate, whether or not shown on the Preliminary Development Plan: 12.1 The retention area shown on the Preliminary Development Plan shall contain a water feature, such as a fountain, and walking path around the perimeter of said retention area There shall be at least two (2) pedestrian connection points to the Midland Trace Trail, generally as shown on the Preliminary Development Plan. SECTION 13. Circulation and Access Points. The District's site circulation and access points (including number and location of curb cuts), shall be consistent with those shown on the Preliminary Development Plan. SECTION 14. Infrastructure Standards. All public infrastructure within the District shall adhere to the City's Noblesville Standards and design criteria, unless otherwise stated within this Ordinance or unless specific waivers have been approved by the City. SECTION 15. Detailed Development Plan. In order to maintain design flexibility, the exact configuration and location of each building and parking area set forth in a Detailed Development Plan ("DDP ) may vary from the Preliminary Development Plan as long as the Governing Standards are met. Approval of a DDP shall follow the procedures set out in Article 8 of the UDO, subject to the following clarification: (i) the Director of the Planning Department, or his/her designees, shall approve Minor Changes; and, (ii) if a DDP includes a Major Change from the approved Preliminary Development Plan, then, prior to approval of the DDP, an amended Preliminary Development Plan shall be approved in accordance with Article 8, Part H, Section 3, of the UDO. SECTION 16. Approval Approval of the first phase of the Detailed Development Plan shall be obtained within six (6) months and building permits issued within one (1) year after adoption of the District by the Common Council. Secondary Plats may be undertaken in sections or phases at a later time. SECTION 17. Commitments. Certain commitments made as a part of the Existing PUD Ordinance apply to the Real Estate (the Existing Commitments ). The Existing Commitments are hereby terminated in their entirety, and replaced by those commitments attached hereto as Exhibit F. SECTION 18. Upon motion duly made and seconded, this Ordinance was fully passed by the members of the Common Council this day of, (Remainder of Page Intentionally Left Blank) v2 Page 5

17 COMMON COUNCIL OF THE CITY OF NOBLESVILLE AYE NAY Brian Ayer Mark Boice Wil Hampton Christopher Jensen Roy Johnson Gregory P. O Connor Mary Sue Rowland Rick L. Taylor Megan Wiles Approved and signed by the Mayor of the City of Noblesville, Hamilton County, Indiana this day of, ATTEST: Evelyn Lees, Clerk John Ditslear, Mayor City of Noblesville, Indiana I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Joseph D. Calderon Prepared by: Joseph D. Calderon Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN v2 Page 6

18 EXHIBIT A LEGAL DESCRIPTION Commercial Parcel A part of the Northwest Quarter of Section 3, Township 18 North, Range 4 East in Noblesville Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of said Northwest Quarter; thence South 00 degrees 02 minutes 09 seconds East feet along the west line of said Northwest Quarter (the basis of bearings is the Indiana State Plane Coordinate System, East Zone); thence South 89 degrees 31 minutes 33 seconds East feet to a point on the east line of a right-of-way parcel as described in Instrument Number on file in the Office of the Recorder of Hamilton County, Indiana, being the POINT OF BEGINNING (a rebar was found 2.1 feet south), the following three (3) courses are along the east and south lines of said right-of-way parcel; 1)thence North 01 degree 44 minutes 15 seconds East feet (a concrete right-of-way monument was found 0.4 of a foot northeast); 2)thence North 33 degrees 02 minutes 35 seconds East feet (a concrete right-of-way monument was found 0.6 of a foot southeast); 3)thence North 89 degrees 31 minutes 21 seconds East feet to a southeast corner of said right-of-way parcel (a concrete right-of-way monument was found 0.5 of a foot southwest); thence North 89 degrees 26 minutes 58 seconds East feet along the south line and the westerly extension of the south line of the right-of-way parcel described in Instrument Number on file in said Recorder s Office to the southeast corner thereof (a concrete right-of-way marker was found 0.5 of a foot southwest); thence North 00 degrees 34 minutes 33 seconds West 9.06 feet along the east line of said right-of-way parcel to a rebar with cap stamped Structurepoint #0094 (hereafter referenced as Structurepoint Rebar ) on the south right-of-way line of State Road 32 as described in Deed Record 143, page 70, Deed Record 141, page 435, and Deed Record 141, page 250 on file in said Recorder s Office; thence North 89 degrees 26 minutes 10 seconds East feet along said south right-of-way line to a Structurepoint Rebar on the east line of a parcel conveyed to Herbert E. and Betty Lou W. Boone in Instrument Number on file in said Recorder s Office; thence South 00 degrees 02 minutes 09 seconds East feet along said east line; thence North 89 degrees 31 minutes 33 seconds West feet; thence Southwesterly feet along a non-tangent curve to the right having a radius of feet and subtended by a long chord having a bearing of South 56 degrees 27 minutes 42 seconds West and a length of feet; thence North 89 degrees 31 minutes 33 seconds West feet; thence South 00 degrees 02 minutes 09 seconds East feet to the south line of a parcel conveyed to French Property Management, LLC in Instrument Number on file in said Recorder s Office; thence North 89 degrees 31 minutes 33 seconds West feet along said south line to the POINT OF BEGINNING. Containing acres, more or less v2 Exhibit A, Page 1

19 v2 Exhibit A, Page 2

20 EXHIBIT B LEGAL DESCRIPTION Residential Parcel A part of the Northwest Quarter of Section 3, Township 18 North, Range 4 East in Noblesville Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of said Northwest Quarter; thence South 00 degrees 02 minutes 09 seconds East feet along the west line of said Northwest Quarter (the basis of bearings is the Indiana State Plane Coordinate System, East Zone); thence South 89 degrees 31 minutes 33 seconds East feet to a point on the east line of a right-of-way parcel as described in Instrument Number on file in the Office of the Recorder of Hamilton County, Indiana, said point also being on the south line of a parcel transferred to French Property Management, LLC in Instrument Number on file in said Recorder s Office; thence continue South 89 degrees 31 minutes 33 seconds East feet along said south line to the POINT OF BEGINNING; thence North 00 degrees 02 minutes 09 seconds West feet; thence South 89 degrees 31 minutes 33 seconds East feet; thence Northeasterly feet along a non-tangent curve to the left having a radius of feet and subtended by a long chord having a bearing of North 56 degrees 27 minutes 42 seconds East and a length of feet; thence South 89 degrees 31 minutes 33 seconds East feet to the east line of a parcel conveyed to Herbert E. and Betty Lou W. Boone in Instrument Number on file in said Recorder s Office; thence South 00 degrees 02 minutes 09 seconds East feet along the east line of said Boone parcel to the northeast corner of a parcel conveyed to the City of Noblesville in Instrument Number on file in said Recorder s Office (a one-inch diameter iron pipe was found 1.4 feet west and 2.8 feet north); thence North 89 degrees 43 minutes 42 seconds West feet along the north lines of the parcels conveyed to the City of Noblesville in Instrument Numbers and on file in said Recorder s Office to a Structurepoint Rebar on the west line of said French Property Management, LLC parcel; thence North 00 degrees 30 minutes 21 seconds East feet along said west line to a rebar with cap stamped Banning ; thence North 89 degrees 31 minutes 33 seconds West feet along the south line of said French Property Management, LLC parcel to the POINT OF BEGINNING Containing acres, more or less v2 Exhibit B, Page 1

21 v2 Exhibit B, Page 2

22 EXHIBIT C v2 Exhibit C, Page 1

23 EXHIBIT D v2 Exhibit D, Page 1

24 v2 Exhibit D, Page 2

25 v2 Exhibit D, Page 3

26 v2 Exhibit D, Page 4

27 v2 Exhibit D, Page 5

28 EXHIBIT E v2 Exhibit E, Page 1

29 EXHIBIT E v2 Exhibit E, Page 2

30 EXHIBIT F COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE, SPECIAL EXCEPTION OR APPROVAL GRANT. In accordance with I.C , the owner of the real estate located in Hamilton County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the parcel of real estate: Legal Description: See Exhibit A attached hereto and incorporated by reference (the Subject Property ) Statement of COMMITMENTS: 1. The following uses shall be prohibited in the Residential District (as defined in Ordinance# (a) Dwelling, Multi-Family of 3 or more dwelling units (b) Bed & Breakfast Establishment (c) Manufactured Homes, Individual (d) Nursing/Retirement/Convalescent Facility (e) Residential Care Homes (f) Temporary Shelters (g) Montessori Schools (h) Preschool/Nursery School (i) Schools, (Primary and Secondary) (j) Church, Temple, Place of Worship (k) Fire and/or Police Station (l) Government Office (m) Library (n) Post Office (o) Public Service Facility (p) Cemetery (q) Disc Golf Course (r) Golf Course (s) Public Park/Playground 2. The following uses shall be prohibited in the Commercial District (as defined in Ordinance# ): (a) Nursing/Retirement/Convalescent Facility (b) Temporary Shelters (c) Penal or Correctional Facility (d) Club or Lodge (Private) (e) Drive-In Theater (f) Meeting or Party Hall (g) Stadium or Arena (h) Cemetery (i) Parking Garage (j) Bus or Rail Passenger Terminal (k) Parking as a Primary Use (l) Adult Cabaret (m) Adult Media Store v2 Exhibit F, Page 1

31 (n) Adult Motion Picture Theater (o) Sex Shop (p) Amusements (Outdoor) (q) Driving Range (r) Public Park/Playground (s) Ambulance Service (t) Marine Craft Sales, Repair, Service (u) Retail Nursery/Greenhouse (unless seasonal) (v) Laboratory (w) Supply Yard (x) Warehousing (y) Warehousing, Mini-Storage (z) Wholesale Trade (Indoor) 3. Each side or rear elevation of a townhome which faces the perimeter of the property shall be finished with at least 50% brick or masonry material. These COMMITMENTS shall be binding on the owner, subsequent owners, and other persons acquiring an interest in the real estate. These COMMITMENTS may be modified or terminated by a decision of the Noblesville Common Council made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the adoption of Ordinance# by the Noblesville Common Council changing the zoning classification of the real estate from aa R-2 zoning classification to a PB/PD and R-5/PD zoning classification and shall continue in effect for as long as the above-described parcel of real estate remains zoned to the PB/PD zoning classification as to the Commercial District or the R-5/PD zoning classification as to the Residential District or until such other time as may be specified herein. These COMMITMENTS may be enforced by the City of Noblesville Advisory Plan Commission. The undersigned hereby authorizes the Department of Planning to record this Commitment in the office of the Recorder of Hamilton County, upon final approval of Ordinance # v2 Exhibit F, Page 2

32 IN WITNESS WHEREOF, the owner has executed this instrument this day of, SR 32 & Hazel Dell LLC By: Signature: Printed: Title STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared, a duly authorized of SR 32 & Hazel Dell LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing for and on behalf of said limited liability company. Witness my hand and Notarial Seal this day of, Notary Public Printed Name of Notary Public My Commission expires: My County of residence: I affirm under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph D. Calderon This instrument was prepared by Joseph D. Calderon, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana v2 Exhibit F, Page 3

33 KENNMARR HAZEL DELL TRAILS & MARKETPLACE EXHIBIT 4 17-FT NOBLESVILLE, INDIANA A 1/4 = 1-0 CHRISTINA BLACKWELL 03/13/ /28/ CORPORATION DR. INDIANAPOLIS, IN signcraftind.com 27-FT 21-FT 13-FT RECEIVED Planning Department 03/30/ :51:39 PM