CHILDREN S LEARNING ADVENTURE

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1 Fishers Marketplace PUD Text Amendment PRESENTED BY STEVEN D. HARDIN, ESQ. CITY COUNCIL REQUEST FOR SECOND AND THIRD READING MARCH 16, 2015

2 TABLE OF CONTENTS Petitioner: Michael Paddison Children s Learning Adventure 3131 E. Camelback Rd., Suite 420 Phoenix, AZ telephone fax Attorney: Steven D. Hardin, Esq. Alyson E. Oliver, Land Use Consultant Faegre Baker Daniels, LLP 600 East 96th Street, Suite 600 Indianapolis, Indiana telephone fax Tab 1 Tab 2 Tab 3 Tab 4 Tab 5 Tab 6 TABLE OF CONTENTS Executive Summary Aerial Location Exhibit Concept Plan Illustrative Elevations Site Detail Exhibit Proposed Text Amendment Ordinance Redlined to show changes from first reading

3 EXECUTIVE SUMMARY Children s Learning Adventure Childcare Centers ( CLA ) offers unique child care facilities that foster creativity with highly trained individuals in a state of the art facility. CLA s newest facility, proposed on 3.56 acres +/- located along State Road 37 in the Fishers Marketplace PUD, will offer infant, pre-school and before and after school programs for children aged 6 weeks through 12 years. The facility will include: bowling lanes, a culinary classroom, theater, activity areas with ipads, indoor gym, science/lab, art studio, library, interactive environments, outdoor activity areas, technology classes, infant and toddler rooms, and high security with biometric fingerprint scanners and computer check-in. This facility represents an estimated $8,000,000 investment in the Fishers community and will generate approximately 40 to 60 full time and up to 200 part-time employment opportunities. CLA respectfully requests a Text Amendment to the Fishers Marketplace PUD Ordinance in order to develop the proposed facility. Please see the proposed Concept Plan and Illustrative Elevations at Tabs 3 and 4. The proposed Text Amendment Ordinance can be found at Tab 6. Recent Updates: Public Hearing. On February 10, 2015, the Plan Commission held the public hearing on this proposal. No remonstrance was made, and after conducting the public hearing, the Plan Commission unanimously voted to forward the proposal to the City Council with a favorable recommendation (8-0). Consideration of fence along SR 37. At the Plan Commission hearing, CLA agreed to work with the City staff to explore the feasibility and benefit of erecting a fence along SR 37. After due consideration, CLA determined that a fence would not be necessary for the following reasons: The other proposed and built developments along SR 37 in Fishers Marketplace include parking lots and buildings with similar setbacks as CLA s, and these other developments do not include a fence along SR 37. Adding a fence in front of CLA s development thus would be inconsistent with the rest of the development and would look out of place (and would not serve a functional purpose). CLA s policies and physical layout provide a secure environment. When picking up or dropping off a child, each parent is required to park their vehicle, enter the facility with their child (by utilizing the fingerprint entry scanner at the main door of the building), sign in at the front desk, and then walk their child to or from their classroom. Once the parent is ready to exit the building, they must sign out at the front desk. During the child s time at CLA, the child is either in one of the indoor classrooms or activity rooms or is outside in the secure (fenced-in) outdoor area. Please see the exhibit at Tab 5. As a result, unlike the situation at one of the nearby retail stores or fast food restaurants, a child at CLA would not be allowed to be in the parking area by themselves. CLA respectfully requests approval of this proposed text amendment. If approved, then CLA plans to begin development activity later this year. Thank you for your consideration.

4 AERIAL LOCATION EXHIBIT Aerial Location Exhibit KEY 141st Street Amendment Site Fishers Marketplace PUD Cumberland Road SR th Street Parkside Drive 131st Street 0 1,000 Feet

5 CONCEPT PLAN

6 ILLUSTRATIVE ELEVATIONS

7 SITE DETAIL EXHIBIT

8 ORDINANCE NO A AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA 2006 This is an ordinance to amend The Fishers Marketplace Planned Unit Development Ordinance No , as amended (the Fishers Marketplace PUD Ordinance ), previously enacted by the City of Fishers pursuant to its authority under the laws of the State of Indiana, IC et seq., as amended. WHEREAS, the Plan Commission of the City of Fishers has conducted a public hearing on Docket No. 1-TA-15 as required by law in regard to the application filed by CLA Fishers, LLC, (the Developer ) to amend the Fishers Market Place PUD Ordinance regarding the subject real estate described in Exhibit A, attached hereto (the Real Estate ); and, WHEREAS, the Plan Commission at its February 10, 2015 meeting sent a favorable recommendation to the Common Council of the City of Fishers, Indiana, by a vote of eight (8) in favor and zero (0) opposed; NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Fishers, Hamilton County, Indiana, meeting in regular session, that the Fishers Marketplace PUD Ordinance, as applicable to the Real Estate, is hereby amended as follows: SECTION 1. CONCEPT PLAN. The Concept Plan, attached hereto as Exhibit B, is hereby incorporated. The Real Estate s development may vary from the Concept Plan; however, per Article 9.17(A)(2)(a): Planned Unit Development District; General; Purpose & Intent of the Unified Development Ordinance of the City of Fishers, Indiana, Ordinance No A, the Concept Plan provides the Plan Commission and City Council with a general vision for the development of the Real Estate. SECTION 2. SETBACKS. A fifty (50) foot setback shall be provided along State Road 37, and a forty (40) foot setback shall be provided along Bent Grass Lane. A ten (10) foot setback shall be provided along all other property lines. Accessory Structures, such as playground equipment and fencing, shall be allowed within the building setbacks and generally be as shown on the Concept Plan. The improvements and perimeter landscaping within the setbacks shall generally be as shown on the Concept Plan. SECTION 3. BUILDING FOOTPRINT. No building located within the Real Estate shall exceed thirty-four thousand (34,000) square feet. The building shall not exceed forty-four (44) feet in overall height (including parapet walls, rotundas, etc.). 1

9 SECTION 4. FAÇADE LENGTH ON FINISHED FACADES. Section 5(D) of Ordinance No , as applicable to the Real Estate, shall be modified as follows: Finished façades that have greater than one-hundred (100) feet in length, measured horizontally, shall incorporate at least four (4) wall plane projections and/or recesses with a minimum projection and/or recess of one (1) foot and extending along at least a total of twenty-five (25) percent of the length of the face. The combination of these projections and/or recesses shall extend along at least a total of twenty-five (25) percent of the length of the face. No uninterrupted length of any finished façade shall exceed one hundred (100) horizontal feet. SECTION 5. PARKING. If the Real Estate is developed as a Child Care Center, then a minimum of 118 parking spaces shall be provided. SECTION 6. APPROVAL. This ordinance shall be in full force and effect from and after its passage by the Common Council. All provisions or parts of the Fishers Marketplace PUD Ordinance in conflict with the provisions of this ordinance are hereby repealed, as they apply to the Real Estate. 2

10 ADOPTED BY THE Common Council of the City of Fishers, Indiana on this Day of, YAY COMMON COUNCIL OF THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA NAY C. Pete Peterson, President John Weingart, Vice-President Stuart Easley, David George, Eric Moeller, Selina M. Stoller, Richard W. Block, Cecilia C. Coble, Todd P. Zimmerman, I hereby certify that the foregoing Ordinance/ Resolution was delivered to City of Fishers Mayor Scott Fadness on the day of 2015, at m. ATTEST: Jennifer Kehl, City Clerk MAYOR S APPROVAL Scott A. Fadness, Mayor DATE MAYOR S VETO Scott A. Fadness, Mayor DATE Approved by: Douglas D. Church, Esq., Church, Church, Hittle and Antrim. City Attorney Prepared by: Steven D. Hardin, Esq. Faegre Baker Daniels, LLP, 600 East 96 th Street, Suite 600 Indianapolis, Indiana (317)

11 EXHIBIT A LEGAL DESCRIPTION Outlot 8A in the Secondary Re-Plat of OUTLOTS 7&8 AND Block D-1 at Fishers Marketplace, as per plat thereof recorded in Plat Cabinet 5, Slide 262, as Instrument No in the Office of the Recorder of Hamilton County, Indiana. 4

12 EXHIBIT B CONCEPT PLAN 5

ORDINANCE NO E AN ORDINANCE ANNEXING CERTAIN REAL ESTATE TO THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA

ORDINANCE NO E AN ORDINANCE ANNEXING CERTAIN REAL ESTATE TO THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA ORDINANCE NO. 112017E AN ORDINANCE ANNEXING CERTAIN REAL ESTATE TO THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA WHEREAS, the City of Fishers, Hamilton County, Indiana ( City ), in accordance with Ind.