HomeMy WebLinkAboutZ-585-14 Ashmoor PUD Sponsors: Councilor Rider
CARMEL, INDIANA
Ashmoor
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-585-14
February 21, 2014
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance 3
Section 2. Definitions and Rules of Construction 3
Section 3. Accessory Buildings and Uses 5
Section 4. Development and Architectural Standards 6
Section 5. Open Space Requirements 8
Section 6. Landscaping Requirements 9
Section 7. Signage Requirements 11
Section 8. Additional Requirements and Standards 12
Section 9. Procedural Provisions 12
Section 10. Controlling Developer's Consent 13
Section 11. Violations and Enforcement 13
Section 12. Exhibits 13
Exhibit A. Legal Description
Exhibit B. Development Plan/Primary Plat
Exhibit C. Architectural Character Imagery
Exhibit D. Landscape Plan
Note: All of the above Exhibits (A-D) are attached to this Ashmoor Ordinance, are incorporated
by reference into this Ashmoor Ordinance and are part of this Ashmoor Ordinance.
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Sponsors: Councilor Rider
ORDINANCE Z-585-14
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE ASHMOOR
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 "Ashmoor Ordinance"), which establishes the Ashmoor Planned Unit
Development District (the "Ashmoor 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 seg., the Council adopts this Ashmoor Ordinance, as an amendment to the Zone Map,
(ii) all prior ordinances or parts thereof inconsistent with any provision of this Ashmoor
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void and replaced and superseded by this Ashmoor Ordinance, and (iv) this Ashmoor Ordinance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 Ashmoor District.
Section 1.2 Development in the Ashmoor District shall be governed entirely by (i) the
provisions of this Ashmoor Ordinance and its exhibits, and (ii) those provisions of the
Zoning Ordinance and Subdivision Control Ordinance specifically referenced in this
Ashmoor Ordinance.
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 Ashmoor Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
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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 capitalized terms set forth below in
this Section 2.2, as they appear throughout this Ashmoor Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Ashmoor Ordinance and not defined below in this Section 2.2, shall be
the same as set forth in the Zoning Ordinance.
Accessory Structure: A structure which is subordinate to a Dwelling or use
located on the Real Estate and which is not used for permanent human occupancy.
Accessory Use: A use subordinate to the main use, located on the real estate or in
the same Dwelling as the main use, and incidental to the main use.
Architectural Character Imagery: These comprise the elevations and renderings,
attached hereto as Exhibit C, and are intended to generally and conceptually
illustrate an application of the Development Requirements. Architectural
Character Imagery is general and not intended to delineate the only final Dwelling
designs that may be built. Dwellings will comply with the Architectural Standards
but may vary from the Architectural Character Imagery.
Architectural Standards: The Architectural Standards incorporated herein as
Section 4.7 (Architectural Standards).
Building: A structure having a roof supported by columns and walls, for the
shelter, support, or a Dwelling.
BZA: The Carmel Board of Zoning Appeals.
City: The City of Carmel, Indiana.
Controlling Developer: Shall mean Boomerang Development until such time as
Boomerang Development transfers or assigns, in writing, its rights as Controlling
Developer.
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/Primary Plat: The Development Plan/Primary Plat attached
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hereto and incorporated herein by reference as Exhibit B (Development
Plan/Primary Plat) which is the primary plat of the Real Estate.
Development Requirements: Written development standards and any written
requirements specified in this Ashmoor Ordinance, which must be satisfied in
connection with the approval of the Secondary Plat and Building Permits.
Dwelling: A detached single-family residence.
Masonry: Brick, stone and manufactured or synthetic stone.
Open Space: Open space shall comprise a parcel or parcels of land, areas of
water, or a combination of land and water, including flood plain and wetland
areas located within the Real Estate and designed by the Controlling Developer.
Except as otherwise provided herein, open space does not include any area which
is divided into Dwelling Lots or streets. Open Space shall be in the areas
identified on the Exhibit B (Development Plan/Primary Plat).
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Plan Commission: The City's Plan Commission.
Primary Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Sign: Any type of sign as further defined and regulated by this Ashmoor
Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance.
Subdivision Control Ordinance: The City's Subdivision Control Ordinance,
Ordinance Z-160, as amended.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of
Carmel, Hamilton County, Indiana, as amended.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the
Ashmoor District; unless prohibited in the Declaration(s) of Covenants; provided, however, that
any detached accessory building shall have on all sides the same level of architectural features
and shall be architecturally compatible with the principal building(s) with which it is associated.
All Accessory Structures and Accessory Uses shall be subject to the provisions to Chapter 25 of
the Zoning Ordinance.
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Section 4. Development and Architectural Standards.
Section 4.1 Permitted Uses:
A. Single-family Dwellings.
B. Open Space (Common Areas).
C. Model Home
D. There shall be no more than fifty-two (52) Dwellings permitted within the
Real Estate resulting in a maximum density of approximately 1.33 units per
acre.
Section 4.2 Bulk Requirements:
A. Minimum Lot Width at Building Line: Ninety (90) feet.
B. Minimum Lot Area: Thirteen thousand (13,000) square feet.
C. Minimum Lot Frontage at Street: Fifty (50) feet.
D. Minimum Front Yard Setback: Twenty-five (25) feet.
E. Minimum Side Yard Setback: Five (5) feet with a minimum aggregate of
side yards of ten (10) feet.
F. Minimum Rear Yard Setback: Twenty (20) feet.
G. Minimum Separation Between Dwellings: Twenty (20) feet.
H. Maximum Lot Coverage: Forty-five (45) percent
I. Maximum Building Height at the mean of Primary Roof: Thirty-five (35)
feet.
J. Minimum square footage of one-story Dwelling (exclusive of porches,
terraces, and garages: Two thousand, two hundred (2,200) square feet.
K. Minimum square footage of two-story Dwelling (exclusive of porches,
terraces, and garages: Two thousand, four hundred (2,400) square feet.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this
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Ashmoor Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Ashmoor
Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8
of this Ashmoor Ordinance.
Section 4.6 The Real Estate shall be developed per the layout shown in Exhibit B
(Development Plan/Primary Plat).
Section 4.7 Architectural Standards:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board. A brick
or stone masonry wainscot (a minimum of 3'0" from the top of the exposed
foundation to the window sill) shall be provided, at a minimum, on all
elevations. Cementitious Board shall not be permitted in the required wainscot
area.
B. Required Window Openings: A minimum of two (2) windows per level, per
facade (elevation) shall be provided. In order to meet this requirement, each
individual window, or set of contiguous windows, must be a minimum of nine
(9) square feet.
C. Garage Type: Garages shall be court-loaded or side-loaded garages attached to
the Dwelling. All garages shall be a minimum of (i) a two and one half-car
garage for a one-story Dwelling and (ii) a three-car garage for a two-story
Dwelling. No front loaded garages shall be permitted.
D. Chimneys: Brick or stone masonry, only and extended fully to ground
provided, however, that chimneys which protrude from inside the Dwelling
may also have cementitious board, synthetic stucco, and/or EIFS as their
exterior building material.
E. Porch: Porches are not required on all Dwellings. If a porch is provided, the
porch shall be at least five feet (5') deep with consistent materials/design with
Dwelling. If no porch is provided, the entryway should be covered and deep
enough to provide shelter at the front door, as well as provide an appropriate
and adequate level of detail.
F. Roofline: Primary Roof shall have a minimum 6/12 pitch. The Primary Roof
shall have an eleven inch (11") overhang after installation of siding or an eight
inch (8") overhang after installation of brick or stone masonry. All Dwellings
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shall include dimensional shingles, however, cedar shake roofing or slate like
roofing shall be a permitted alternative.
G. Fences: Fences are permitted on individual Lots and shall not be chain-link or
coated chain-link. Perimeter fences, enclosing large areas on a lot, such as a
rear yard, shall be black wrought iron or black wrought iron in appearance.
Provided, however, that other materials , such as wooden shadow box fencing,
shall be allowed to screen smaller areas, such as patios and hot tubs. Fences
shall be a maximum of 42" in a front yard and a maximum of 6' in side or rear
yards.
H. The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Dwellings are contained within Exhibit C.
I. Dwelling Placement on Lots:
1. Dwellings on lots numbered 25, 26, 27, 28, 29, 31, 32, 33 and 34 on the
Development Plan/Primary Plat shall face either Shelborne Road or 131st
Street.
2. Dwellings on lots numbered 11, 24, 30, 46 and 47 shall be oriented with
the garage doors facing away from Shelborne Road or 131St Street.
Section 4.8 Lot Lighting: All Dwellings shall have a yard light fixture to provide lighting
driveway near the street. The light fixture shall match the style of the light fixtures
flanking the garage door and equipped with a photo cell so the light is on from dusk to
dawn.
Section 4.9 Street Lighting: Street lighting (lighting in the street right-of-way), when
provided, shall (i) be confined to intersections and (ii) meet all applicable City standards
and be reviewed by the City.
Section 4.10 Parking: Two (2) spaces per Dwelling unit are required. Parking Spaces (i)
within driveways and (ii) within garages shall count toward this requirement. Driveways
shall be a minimum of forty (40) feet in length as measured from the street right of way.
Section 5. Open Space Requirements. Open space shall be in the areas identified on
Exhibit B (Development Plan/Primary Plat).
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Section 5.1 The intent of Open Space is to allow for a balance between natural areas and
the built environment and to provide for the overall beautification of the Ashmoor
District.
Section 5.2 A minimum of thirteen (13) acres, thirty-six (36) percent, of the District, less
perimeter right of way resulting in a total of 36.02 acres, shall be allocated to Open Space
as conceptually illustrated on the Development Plan/Primary Plat.
Section 6. Landscaping Requirements.
Section 6.1. General Landscaping Standards. Landscaping shall be integrated with,
and complement other functional and ornamental site design elements, such as hardscape
materials, paths, sidewalks, fencing. The Real Estate shall be landscaped in a manner
substantially similar to the layout shown in Exhibit D (Landscape Plan).
A. 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
Program. 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. All Trees shall be selected from the City's recommended
tree list published by the City's Urban Forestry Program or otherwise
approved by the Urban Forester.
B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental
trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall
be 6 feet in height when planted. Shrubs shall be at least 18 inches in height
when planted. Ornamental grasses must obtain a mature height of at least 3
feet. The preservation of existing plant material is subject to the requirements
note in this Section 6.1.
C. 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.
D. All landscaping approved as part of a Development Plan shall be installed
prior to issuance of the first Certificate of Occupancy for a dwelling in the
area of the Real Estate subject to a Secondary Plat; provided, however, that
when because of weather conditions, it is not possible to install the approved
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landscaping before the issuance of a Certificate of Occupancy, the Controlling
Developer shall request a temporary Certificate Of Occupancy which shall be
conditioned upon a determined time to complete the installation of the
uninstalled landscape material.
E. All landscaping is subject to Development Plan 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.
F. 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 Ashmoor Ordinance, to insure proper
maintenance of landscaping in accordance with the Ashmoor 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 Homeowner's Association or
City of Carmel.
Section 6.2. Areas to be Landscaped.
A. Perimeter Buffering.
1. The perimeter buffer width shall be a minimum of(i) ten (10) feet along
the south and west perimeter of the Real Estate and (ii) thirty (30) feet
along the north and east(131st Street and Shelborne Road)perimeter of the
Real Estate.
2. Seven (7) shade trees, three (3) ornamental trees, and twenty-seven (27)
shrubs (per 100 linear feet) shall be provided within the perimeter buffer
area along the north and east (131st Street and Shelborne Road) perimeter
of the Real Estate.
3. Four (4) shade trees, two (2) ornamental trees, and fifteen (15) shrubs (per
100 linear feet) shall be provided within the perimeter buffer area along
the south and west perimeter of the Real Estate.
4. Evergreen trees may substitute in lieu of shrubbery on a 1:3 basis (one (1)
conifer equals three (3) shrubs). Shade trees may substitute in lieu of
required ornamental trees and/or evergreen trees on a 1:1 basis.
Substitutions shall be noted on the Landscape Plan.
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5. 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 forty (40) feet from any other tree.
6. No perimeter buffering internal to the Ashmoor District shall be required
between uses within the Ashmoor District.
B. Street Trees.
1. Large growing shade trees or ornamental 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,
unless this spacing cannot be attained due to the location of driveways,
proposed utilities, or other obstructions as defined below in Section 6.4B.
2. 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.
3. Street tree species shall be selected from the City's published list of
recommended street trees.
4. Street trees shall be maintained by the Homeowner's Association or City
of Carmel.
C. Foundation and Lot Planting Standards. The following planting requirements
apply to all Single-family Dwellings:
1. All lots shall be required to plant two shade (2) trees in the front yard.
Corner lots shall install two shade (2) trees in per side facing a street.
2. All lots shall have a minimum of twelve (12) shrubs and /or ornamental
grasses along the foundation facing a street. Corner lots shall install
twelve (12) shrubs per side facing a street.
D. Storm Water Retention Ponds. 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.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
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25.7 of the Zoning Ordinance as revised.
Section 8. Additional Requirements and Standards.
Section 8.1. Premises Identification. Premises identification shall meet the
requirements of Article 25.14 of the Zoning Ordinance.
Section 8.2. Home Occupations. Home Occupations shall meet the requirements of
Article 25.18 of the Zoning Ordinance.
Section 8.3 Right-of-way widths.
A. The half right-of-way width for 131st Street shall be seventy (70) feet.
B. The half right-of-way width for Shelborne Road shall be fifty (50) feet.
C. All other streets shall have a minimum right-of-way width of fifty (50) feet.
Section 8.4. Sidewalks. Sidewalks internal to the Ashmoor District shall not be
required on the side of the street adjacent to Common Area "B" as shown of the
Development Plan/Primary Plat.
Section 8.5. Site Access and Road Improvement Requirements. Development of the
Ashmoor District shall meet all applicable Thoroughfare Plan related improvement
requirements as identified in and required under the Zoning Ordinance unless otherwise
provided for in this Ashmoor Ordinance.
Section 8.6. 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 9. Procedural Provisions.
Section 9.1. Approval or Denial of the Development Plan / Primary Plat. The
Development Plan/Primary Plat has been reviewed and approved by the Commission, and
constitutes the approved Primary Plat and, as such, the Developer shall not be required to
return the Commission for Primary Plat approval.
Section 9.2 Secondary Plat Approval. The Director shall have sole and exclusive
authority to approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay the
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Director's approval of a Secondary Plat that is in substantial conformance with the
Development Plan/Primary Plat and is in conformance with the Development
Requirements of this Ashmoor Ordinance. If the Director disapproves any Secondary
Plat, the Director shall set forth in writing the basis for the disapproval and schedule the
request for hearing before the Commission.
Section 9.3. Changes Requiring Council Approval. Changes that shall require
amendment of this Ashmoor Ordinance through the standard rezone process include the
following: Increases in density or intensity; Changes in the proportion or allocation of
land uses; Changes in the list of approved uses; Changes in the locations of uses; and/or
Changes in the functional uses of open space, where such change constitutes an
intensification of use of the open space.
Section 9.4. 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 9.5. Variance of Development Requirements: The BZA may authorize
Variances from the terms of the Ashmoor Ordinance, subject to the procedure prescribed
in Chapter 30 of the Zoning Ordinance.
Section 10. 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, Primary Plat 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 Ashmoor Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Ashmoor
Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Section 12. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this
Ashmoor Ordinance, are incorporated by reference into this Ashmoor Ordinance and are part of
this Ashmoor Ordinance.
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Exhibit "A"
(Legal Description)
PART THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 18 NORTH, RANGE 3 EAST, IN CLAY TOWNSHIP, HAMILTON COUNTY
INDIANA. DESCRIBED AS FOLLOWS:
COMMENCING AT THE HARRISON MARKER AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 3 EAST;
THENCE ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER SOUTH 00
DEGREES 00 MINUTES 41 SECONDS EAST (ASSUMED BEARING) 438.04 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING ON SAID
EAST LINE SOUTH 00 DEGREES 00 MINUTES 41 SECONDS EAST 876.60 FEET TO A
MAG NAIL ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SOUTHEAST QUARTER; THENCE ON SAID SOUTH LINE SOUTH 89 DEGREES 48
MINUTES 59 SECONDS WEST 1312.25 FEET TO A 5/8 INCH REBAR FOUND AT THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHEAST
QUARTER AND BEING THE SOUTHEAST CORNER OF SHELBORNE ESTATES
SECTION ONE RECORDED AS INSTRUMENT NUMBER 200200086426 PLAT CABINET
3 SLIDE 91; THENCE ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SOUTHEAST QUARTER NORTH 00 DEGREES 00 MINUTES 39 SECONDS WEST 1313.81
FEET TO A MAG NAIL ON THE NORTH LINE OF SAID SOUTHEAST QUARTER;
THENCE ON THE NORTH LINE OF SAID SOUTHEAST QUARTER NORTH 89 DEGREES
46 MINUTES 48 SECONDS EAST 811.81 FEET TO A MAG NAIL AT THE WEST LINE OF
A RIGHT OF WAY LINE OF SHELBORNE ROAD AS DESCRIBED IN INSTRUMENT
NUMBER 2009023182; THENCE ON SAID RIGHT OF WAY LINE THE FOLLOWING 7
COURSE (1) SOUTH 00 DEGREES 13 MINUTES 13 SECONDS EAST 15.03 FEET TO A 5/8
INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (2) THENCE
NORTH 89 DEGREES 46 MINUTES 37 SECONDS EAST 331.83 FEET TO A 5/8 INCH
REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (3) THENCE NORTH
63 DEGREES 12 MINUTES 43 SECONDS EAST 13.42 FEET TO A 5/8 INCH REBAR WITH
YELLOW CAP STAMPED "MILLER SURVEYING"; (4) THENCE NORTH 89 DEGREES 46
MINUTES 37 SECONDS EAST 97.34 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP
STAMPED "MILLER SURVEYING"; (5) THENCE SOUTH 72 DEGREES 28 MINUTES 02
SECONDS EAST 35.89 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED
"MILLER SURVEYING"; (6) THENCE 00 DEGREES 00 MINUTES 41 SECONDS EAST
418.00 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER
SURVEYING"; (7) THENCE NORTH 89 DEGREES 59 MINUTES 19 SECONDS EAST
25.00 FEET TO THE POINT OF BEGINNING, CONTAINING 39.19 ACRES MORE OR
LESS.
Exhibit"A"—Page 1 of 1
Exhibit "B"
(Development Plan/Primary Plat)
Full size copies of the approved Development Plan/primary Plat are on file with the Carmel
Department of Community Services under file docket number 13100020 Z.
Exhibit`B" Page 1 of 1
Exhibit"C"
(Architectural Character Imagery)
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Exhibit"C"—Page 2 of 2
Exhibit"D"
(Landscape Plan)
Full size copies of the approved Landscape Plan are on file with the Carmel Department of
Community Services under file docket number 13100020 Z.
Exhibit "D"—Page 1 of 1
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ADOPTED by the Common Council of the City of Carmel, Indiana this c21 day of
C , 2014, by a vote of 5 ayes and 2._, nays.
COMMON COUNCIL FOR THE CITY OF CA EL
A-iv ',.-- , --c-.
or
Presiding Of icer K vin D. Rider Sill
o e pro E___b. 0 e PasE�
Richard L. Sharp Carol Schleif
--,P„ 7 Z--- /)/1
itk, f,..
/diL '
' maid E. Carter W. Eric Seidensticker,
President Pro Tempore
-..L...oleAltillIG10.441 AL--_-.11
e _nkam L ' 'nyder ii
ATTE -.
Diana L. Cordray,IAMC, Cle reasurer
n4
(�.J U Presented by me to the Mayor of the City of Carmel, Indiana this as day of
2014, at la'•a? P.M. ,3
• U
t% AsC / "
Diana L. Cordray, IAMC, C -Treasurer
(�CAp roved by me, Mayor of the City of Carmel, Indiana, this oZ0 day of
k 2014, atop 35� P .M.
Ja es Brainard, Mayor
ATTEST
7
Diana L. Cordray, IAMC, Clerk-Tr as rer
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 3105 East 98`" Street, Suite 170, Indianapolis, IN 46280.
Ashmoor PUD-CC 022114
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-585-14
Rezone 39.19 acres from S-1/Residence
to PUD/Planned Unit Development
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. 13100020 Z, Ashmoor PUD Rezone with Primary Plat), to rezone from 5-
1/Residence to PUD/Planned Unit Development.
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of February 18, 2014, the Carmel Plan Commission
voted Nine (9) in Favor, Zero (0) Opposed, Two (2) Absent, to forward to the Common
Council the proposed Ordinance No. Z-585-14 with a "Favorable Recommendation".
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 Tuesday, May 21, 2014.
CARMEL PLAN COMMISSION
BY: - ueA- " l,L-L /
Steven R. Stromquist, President
ATTEST:
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Lisa Motz, Secretary . .: < t..
Carmel Plan Commission t 2
Dated: February 20, 2014