ANDERSON HALL PUD TEXT AMENDMENT PRESENTED BY STEVEN D. HARDIN, ESQ. TOWN COUNCIL | REQUEST FOR THIRD READING | MARCH 17, 2014 TABLE OF CONTENTS 141ST STREET & PROMISE ROAD PUD Petitioner TABLE OF CONTENTS Craig H. Lintner Village Capital Corporation 770 3rd Ave SW Tab 1 Carmel, IN 46032 Executive Summary Attorney: Steven D. Hardin, Esq. Tab 2 Faegre Baker Daniels, LLP Aerial Location Exhibit 600 East 96th Street, Suite 600 Indianapolis, Indiana 46240 telephone. 317.569.9600 Tab 3 fax. 317.569.4800 Concept Plan: 2006 & 2014 Update Tab 4 Illustrative Home Elevations Tab 5 Perimeter Bufferyard Exhibits Tab 6 Proposed Text Amendment Ordinance Tab 7 141st Street & Promise Road PUD Ordinance Ordinance No. 060506A EXECUTIVE SUMMARY 141ST STREET & PROMISE ROAD PUD Village Capital Corporation (“VCC”) respectfully requests a text amendment for Area C of the 141st Street & Promise Road PUD Ordinance, more commonly referred to as Anderson Hall. Area C is located at the northeast portion of Anderson Hall, as shown on the aerial location map at Tab2. In 2006, Area C originally was planned for townhomes. In light of market changes since 2006, VCC now proposes to develop Area C for cottage homes, instead of townhomes1. (Illustrative Elevations of the proposed cottage homes can be found at Tab 4). The illustrative perimeter landscaping is shown at Tab 5. Thank you for your consideration. 1 The existing PUD Ordinance permits up to 101 townhomes in Area C. VCC proposes to lower Area C’s density by developing up to 70 cottage home sites in Area C. AERIAL LOCATION EXHIBIT 141ST STREET & PROMISE ROAD PUD Context Map Fishers, IN E 146TH STREET Noblesville Corporate Campus Office/Flex Zoning Noblesville Corporate Campus Industrial/Office Zoning E 141ST STREET Area C D R E S D MI R O E R W P O H E 136TH STREET 0 1,000 Feet Estridge Development Company Inc. CONCEPT PLAN: 2006 & 2014 UPDATE 141st Street & Promise Road PUD Ordinance 141ST STREET & PROMISE ROAD PUD CONCEPTUAL LAND PLAN 233006 2014 ILLUSTRATIVE HOME ELEVATIONS 141ST STREET & PROMISE ROAD PUD PERIMETER BUFFERYARD EXHIBITS 141ST STREET & PROMISE ROAD PUD ORDINANCE NO. 012114 AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF FISHERS, HAMILTON COUNTY, INDIANA - 2006 This is an ordinance to amend the text of the 141st Street & Promise Road Planned Unit Development Ordinance No. 060506A (the “Existing Ordinance”) with respect to the real estate legally described in the attached Exhibit 1 (the “Area C Real Estate”), previously enacted by the Town of Fishers pursuant to its authority under the laws of the State of Indiana, IC 36-7-4 et seq., as amended. WHEREAS, the Plan Commission of the Town of Fishers has conducted a public hearing on Docket No. 1-TA-14 as required by law in regard to the application filed by Village Capital Corporation (the “Developer”) to amend the Existing Ordinance; and WHEREAS, the Plan Commission at its February 11, 2014 meeting sent no recommendation to the Town of Fishers Town Council by a vote of 4 in favor, and 4 opposed; NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Fishers, Hamilton County, Indiana, meeting in regular session, that the Existing Ordinance is hereby amended as follows: SECTION 1. Exhibit B of the Existing Ordinance is hereby replaced by the Updated Exhibit B attached hereto as Exhibit 2. SECTION 2. Exhibit E of the Existing Ordinance is hereby replaced by the Updated Exhibit E attached hereto at Exhibit 3. SECTION 3. Exhibit F of the Existing Ordinance is hereby replaced by the Updated Exhibit F attached hereto as Exhibit 4. SECTION 4. Exhibit J of the Existing Ordinance is hereby replaced by the Updated Exhibit J attached hereto as Exhibit 5. SECTION 5. In Section 6(C) (Alley Standards) of the Existing Ordinance, the word “Town” is hereby replaced by the word “Cottage.” SECTION 6. Section 7(D) (Single-Family Detached Lots and Foundation Plantings) of the Existing Ordinance is hereby amended to read: Single Family Detached Lots and Foundation Plantings in Areas A and B Each lot within Areas A and B shall have a minimum two trees which shall be planted in the front or side yard and six shrubs plants along the foundation facing a street. SECTION 7. Section 7(E) (Single-Family Attached Lots and Foundation Plantings) of the Existing Ordinance is hereby amended to read: Single Family Detached Lots and Foundation Plantings in Area C Each lot within Area C shall have a minimum of one tree or six shrubs plants shall be planted along the foundation of the building facing a street. SECTION 8. In addition to the required perimeter plantings, the common area abutting 141st street and Promise Road in Area C shall include fencing, stone retaining walls, mounding, or any combination of the three. SECTION 9. The last paragraph of Section 5 in the Existing Ordinance is hereby amended to read: Open Space shall be provided as shown generally on the Conceptual Land Plan and per the Zoning Ordinance. The open space for the community will be deeded to the Homeowners Association and will offer active and passive recreation opportunities. Passive recreation opportunities are provided around the ponds and in pockets of common area throughout the development. Active recreation will be focused around the Recreation Facility located near the middle of the community. The Recreation Facility will contain a pool house, swimming pool, playground, and an open play area. These amenities are illustrated on the Conceptual Land Plan attached as Exhibit F. SECTION 10. Section 7.006(B)(1) AL-01 Alley Standards; General Residential Neighborhood; Use of Alleys; Maximum Service Capacity of the Unified Development Ordinance of the Town of Fishers shall not apply. SECTION 11. All other provisions of the Existing Ordinance shall remain in effect with the adoption of this ordinance. All provisions of the Existing Ordinance that conflict with the provisions of this ordinance are hereby rescinded as applied to the Area C Real Estate and shall be superseded by the terms of this ordinance. SECTION 12. This ordinance shall be in full force and effect from and after its passage by the Town Council and after the occurrence of all other actions required by law. All provisions or parts thereof in conflict herewith are hereby repealed. dms.us.53711928.01