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HomeMy WebLinkAboutPacket for PC 07-15-14 GREEN OUSE COTTAGES OF CARMEL PUD Docket No. REZONE APPLICATION CITY OF CARMEL, INDIANA 2014 Carmel City Council Applicant: Green House Cottages of Carmel L.L.C. Attorneys: Andrew S. Greenwood 1132 South Rangeline Road, Suite 200 Carmel, IN 46032 (317) 341-5909 TABLE OF CONTENTS 1. Explanation of Request 2. Site Vicinity Aerial 3. Colored Site Plan (Site Plan) over Aerial 4. Conceptual Elevation 5. Proposed Cottage Floor Plans 6. Site Landscape Plans 7. Zoning Comparisons Exhibit 8. Parking Analysis 9. Green House Cottages PUD Ordinance TAB 1 EXPLANATION OF REQUEST Green House Cottages of Carmel L.L.C., ("GHCC") is proposing the development of a senior healthcare and living subdivision to be known as "Green House Cottages of Carmel' on approximately 4.61 acres of real estate (the "Property"). The Property is located at 130-140 East 126th Street, in the City of Carmel, Indiana ("City"). The Property is identified on the aerial photographs that are included in this packet/application under Tab 2. The Property is currently zoned R-2/Residence and is surrounded by Carmel United Methodist Church zoned B-3 to the West, a single family home zoned R-2 to the East and the Carmelaire townhome development zoned R-4 to the North. GHCC is a part of Old Town Development L.L.C., which thru its building group Old Town Design Group has been designing and building custom homes and subdivisions in Carmel since 2008. Due to the demand for Old Town Design Group's specialized product the company has grown and is now excited to be able to bring this unique, ground-breaking senior healthcare and living development to Carmel. This transformational model empowers and focuses on restoring the elders to an environment that goes beyond "homelike" to one that is truly a home. By changing the dynamic from large institutional setting and services, GHCC will provide superior nursing care as a part of The Green House® project. This will be the first Green House® facility in Carmel, Hamilton County and Indiana. The Green House® project is a national non-profit organization that has partnered with well over 150 facilities throughout the country to successfully implement and utilize this unique style of care for elders. GHCC has filed this request to rezone the site to a PUD/Planned Unit Development District because of this unique products mixed use that combines a commercial use in skilled nursing care with a residential style building and site. The PUD/Planned Unit Development District shall be known as the Green House Cottages of Carmel PUD, which will consist of approximately six skilled nursing home cottages and one administration building. The proposed Green House Cottages of Carmel PUD will allow the development of this innovative healthcare model for seniors in a well-designed cottage style home that allows GHCC to provide exceptional healthcare services for the elders of Carmel. Included in this request for approval of a PUD Ordinance are (i) proposed interior floor plan for the cottages, (ii) illustrative site plan with cottages, and (iv) the Green House Cottages of Carmel PUD Ordinance. GHCC looks forward to presenting and discussing this request as well as the development and construction of the Green House Cottages of Carmel subdivision. Respectfully submitted, Andrew S. Greenwood TAB 2 J _ k A L_ ; q IL f -lam Y _. � "`,CSC!•re ' � F. � �,� AL .. Air y •� � � i 5 �p - TAB 3 I UOJW 41 s: i U I ti fi. on i GJ w N .a M Q n 1 1co � 1 ` ' aj CL _f ,��s�4t44ii,till .-�'i .--.�►` �ll� ltllll� . III,, Idii I ,r , r W i a' -77 1 ff LU a s r Lon ^ +r C� S Range Lure Rd. e �. 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O c N N O CA CD O ■ 'O bp cn ct O U �!1 O w �q a O w I--, CIS R C5 R C5 \/1 T/1 I■ri cd ct O O ~1 �j ice. C� CC a cd O cN U O O ' O D U o a� U * U o U c� N c� p (,R 4-i �"r N ^ �"i -- N --� "�' 142 `'"' bb C', o o W m on G m M U , U � lu o C o Rct O N ct m N ct a ;1XxI co" ) cq O 5 p N O O O C O O O 0 N N o N \ OL. 78 P4 -cs v� O ,!; O kr) O � N '� l 'C bA�"•" � O s•. � 'C � v N ^ N N V�1 N FF--11 m w a� fir" +5 ° c8 O ur �"'v w �, � S� m �, 0 +8 ° . o In C-11 g. M 4i N N N cad •� M O C cw JD Ww u 2. m CL ■ ■� i�i i�i C� C� O O �Q �Q W TAB 8 GREEN HOUSE COTTAGES OF CARMEL L. L. C . CONCEPTUAL LAYOUT 60 0 CID 0 30'TREE PRESERVATION AREA 20'LANDSCAPE AREA Ll HOUSE HOUSE III IV FRONT FRONT � I f ` IIIi II I LU I � HOUSE r la I z ° 0 HOUSE II T ¢ V al ; r ==_- .r _ � , � �►� � �'off` .� �� �:: ..i .J ■ ■ �� . -�!� � �•� ,- � �� � ,� � ---. Imo■ -� ■ � � � : . �. � ■ ■� __ , ,� —._. �. c �. �� . ■ :�- , _ ��� _ 1 �� =_t � _- � �---' - IIIIIIII � � _ �, .-� Green House Cottages of Carmel L.L.C. Parking Summary and Detailed Analysis Please find below the details that are the basis for the parking requirements for the Green House Cottages of Carmel L.L.C. The Green House Cottages of Carmel are an innovative grouping of six (6) cottage style skilled nursing homes designed for no more than twelve (12)individuals in each cottage with a maximum of seventy-two(72) total elders (residents) to be located at 130/140 East 126th Street in Carmel. On-site we are projecting approximately sixty-eight parking spaces. The elders (residents) of the nursing home/cottages historically either do not drive,no longer have their driver's licenses or are not physically capable of driving; therefore the numbers of parking spaces needed on site are limited to employees, vendors and visitors. The operational model for the Green House Cottages of Carmel L.L.C., is designed for the staff to work in three different shifts with certain positions staggering their shift changes in order to insure that all elders (residents) are properly supervised and all state regulations for oversight are met and/or exceeded. First shift will run from approximately 7-8am to 3-4pm,with second shift running from 3-4pm to l 1pm and third shift lasting from 1 1pm to lam. In addition there will be regulated visiting hours when the public at large can visit the nursing home/cottages which will be intentionally set after the morning shift changes in order to minimize congestion not only within the cottages but also on the site. Consequently, except in the case of special events, the maximum number of employees on site would be during the afternoon shift change and would be approximately forty-three (43) employees. Most vendors will be on site no more than once or twice a week and those vendors who are onsite more frequently will coordinate drop-offs and deliveries at times that minimize congestion and operational issues. For example the pharmacy will deliver bulk pharmaceutical drop offs in the evening hours after mealtimes. In summary other than special events (ex: Easter Egg Hunt for elders family members) there will be approximately twenty-nine plus parking spaces available on-site for visitors of the maximum seventy-two patients. In order to exceed the on-site capacity more than forty percent of the elders would be visited at the same time as our maximum shift change, which based on historical data is highly unlikely, except during a special event. TAB 9 Sponsors: Councilor C ARME L, INDIANA GREEN HOUSE COTTAGES OF CARMEL PLANNED UNIT DEVELOPMENT ORDINANCE 2014 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance......................................................................................1 Section 2. Definitions and Rules of Construction...................................................................2 Section 3. Uses and Accessory Uses .........................................................................................4 Section 4. Development and Architectural Standards...........................................................4 Section 5. Landscape Requirements........................................................................................5 Section6. Lighting Requirements..........................................................................................10 Section7. Signage Requirements...........................................................................................10 Section8. Parking Requirements...........................................................................................10 Section 9. Miscellaneous Requirements and Standards.......................................................12 Section 10. Development Procedure........................................................................................13 Section 11. Controlling Developer's Consent..........................................................................13 Section 12. Violations and Enforcement..................................................................................14 Section13. Exhibits...................................................................................................................14 Exhibit A. Legal Description of Real Estate Exhibit B. Development Plan Exhibit C. Architectural Standards Exhibit D. Conceptual Cottage Elevations Exhibit E. Landscape Plan Sponsor: ORDINANCE 14050013 Z AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,ESTABLISHING THE GREEN HOUSE COTTAGES OF CARMEL PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.06.04 of the Carmel/Clay Zoning Ordinance Z-289, as amended (the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with the requirements of IC 36-7-4-1500 et. seq. (the "PUD Statute"); WHEREAS, Green House Cottages of Carmel L.L.C., an Indiana limited liability company ("GHCC"), submitted an application to the Carmel/Clay Plan Commission (the "Plan Commission") to adopt a PUD District Ordinance for certain real estate located in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the "Real Estate"); WHEREAS, GHCC's application is consistent with the provisions of the Zoning Ordinance and the PUD Statute; WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and the Zoning Ordinance, the Plan Commission conducted a public hearing concerning GHCC's application for a PUD District Ordinance on August 5, 2014 at 6:00 p.m.; WHEREAS, the Plan Commission has given a recommendation to the ordinance set forth herein which establishes the Green House Cottages of Carmel Planned Unit Development District(the "Green House Cottages District"); NOW, THEREFORE, be it ordained by the common council of the City of Carmel, Indiana (the "Council"), that pursuant to IC 36-7-4-1500 et. seq., (i) it adopts this ordinance (the "Green House Cottages Ordinance") as an amendment to the Zone Map, all prior ordinances or parts thereof inconsistent with any provision of this Green House Cottages 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 Green House Cottages Ordinance, and (iv) this Green House Cottages Ordinance shall be in full force and effect from and after due passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a plan unit development district known as Green House Cottages District. Section 1.2 Development in the Green House Cottages District shall be governed entirely by (i) the provisions of this Green House Cottages Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance and Subdivision Control Ordinance specifically referenced in this Green House Cottages Ordinance. In the event of a discrepancy and/or conflict between the Green House Cottages Ordinance and the Zoning Ordinance or the Subdivision Control Ordinance, the provisions of this Green House Cottages Ordinance shall apply. Any provisions of the Subdivision Control Ordinance not addressed herein, to the extent applicable and not inconsistent with the terms hereof, shall be deemed incorporated herein by this reference. Section 2. Definitions and Rules of Construction. Section 2.1 The following general rules of construction and definitions shall apply to the Green House Cottages Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates otherwise. B. Any capitalized term not defined herein shall have the meaning as set forth in the Zoning Ordinance in effect on the date of the enactment of this Green House Cottages Ordinance. C. Words used in the present tense include the past and future tenses, and the future the present. D. The word "shall" indicates a mandatory requirement, while the word "may" indicates a permissive requirement. Section 2.2 Definitions. Capitalized terms used in this Green House Cottages Ordinance shall have the following definitions: A. ADLS: The architecture, design, exterior lighting, landscaping and signage associated with a Building. B. ADLS Approval: Approval by the Plan Commission of architecture, design, exterior lighting, landscaping and signage pursuant to Chapter 24 of the Zoning Ordinance and the Development Requirements. C. Accessory Structure: A structure which is subordinate to a Building located on the Real Estate. D. 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. E. Architectural Form: The Architectural Form is comprised of the elevations and renderings attached hereto as Exhibit C, and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Form is general and not intended to delineate the only final Dwelling designs that may be built. Dwellings shall comply with the Architectural Standards, but may vary. 2 F. Architectural Standards: The Architectural Standards incorporated in Section 4.3 of this Green House Cottages Ordinance. G. Building: A structure having a roof supported by columns and walls, for the shelter, support, use as an office and/or a Cottage. H. BZA: The Carmel Board of Zoning Appeals. I. City: The City of Carmel, Indiana. J. Cottage(s): Shall mean a detached skilled nursing dwelling where no more than twelve (12) persons shall reside that is approximately 8,000 square feet of interior livable space. K. Controlling Developer: Shall mean Green House Cottages of Carmel L.L.C. L. Development Plan or DP: The Development Plan attached hereto and incorporated herein by reference as Exhibit B. M. Development Plan Approval or DP Approval: A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of Buildings and Structures. N. Development Requirements: Written development standards and requirements specified in this Green House Cottages Ordinance, which must be satisfied in connection with the approval of a Secondary Plat and Building Permits. O. Director: The Director of the City's Department of Community Services. P. Masonry: Brick, stone, manufactured or synthetic stone or brick, limestone, natural stone, and cultured stone. Q. Parking Space: An area unenclosed or enclosed in a Building or in Accessory Building, utilized for the temporary storage of one automobile and connected with a street. R. Plan Commission: The City's Plan Commission. S. Real Estate: That certain real estate located in the City, Hamilton County, Indiana as legally described on Exhibit A attached hereto. T. Siding: The material used for the outside of the Cottages and/or Building which shall not be vinyl or aluminum. Acceptable Siding materials shall be wood, LP siding, Hardiplank or similar composition fiber cement siding materials. 3 U. Sign: Any type of sign as further defined and regulated by this Green House Cottages Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance. Any structure, fixture, placard, announcement, declaration, devise demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or any interests. V. Subdivision Control Ordinance: The City's Subdivision Control Ordinance, Ordinance Z-160, as amended. W. Zone Map: The City's official Zone Map corresponding the Zoning Ordinance. X. Zoning Ordinance: The City's Zoning Ordinance, Ordinance Z-289, of the City of Carmel, Hamilton County, Indiana, as amended. Section 3. Uses and Accessory Uses. Section 3.1 Nursing, Assisted Living, Retirement, Convalescent Facility, Continuing Care Retirement Community and/or an administrative Office Building for the aforementioned uses shall be permitted uses in the Green House Cottages District. Section 3.2 All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Green House Cottages 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 within reason be either concealed or camouflaged by Building parapet walls, mechanical screens, or other design methods. Section 4. Development and Architectural Standards. Section 4.1 Bulk/Building Requirements. A. Minimum Front Building Setback: i) From 126th Street: Twenty-five (25) feet. ii) From Proposed Private Street: Twenty (20) feet B. Minimum Side Yard Setback: Twenty-Five (25) C. Minimum Rear Yard Setback: Fifteen (15) feet D. Minimum Separation between Buildings: Twenty-Five (25) feet. E. Maximum Building Height: Thirty-five feet (35) feet. F. Minimum Gross Floor Area(exclusive of porches, terraces and garages): 4 i) Cottages: Minimum of Eight Thousand (8,000) square feet. ii) Administrative Office Building: Seventeen hundred-fifty (1,750) square feet. Section 4.2 Concept Plan. Exhibit B attached hereto constitutes the Conceptual Development Plan. The Real Estate shall be developed per the layout shown on the Conceptual Development Plan. Section 4.3 Exterior Lighting. Exterior, Cottage and Street lighting when provided, shall meet all applicable City standards and per the Zoning Ordinance be reviewed by the City. Street lighting shall be located in the street right-of-way and/or other reasonable locations and street lighting shall (i) be confined to intersections and (ii) meet all applicable City standards and be reviewed by the City. Applicable lighting requirements are contained in Section 6 of this Green House Cottages Ordinance Section 4.4 Landscapin . Applicable landscape requirements are contained in Section 5 of this Green House Cottages Ordinance. Section 4.5 Parking. Applicable parking requirements are contained in Section 8 of this Green House Cottages Ordinance. Section 4.6 Signage. Applicable signage requirements are contained in Section 7 of this Green House Cottages Ordinance. Section 4.7 Additional. Applicable additional standards and requirements are contained in Section 9 of this Green House Cottages Ordinance. Section 4.8 Architectural Standards. The Architectural Standards attached hereto as Exhibit C shall apply to all improvements constructed, installed, repaired or maintained on the Real Estate. The exterior of Cottages shall be similar to the Conceptual Character Imagery of the Cottages as shown on the conceptual Cottage elevations attached hereto as Exhibit D. Section 5. Landscape Requirements. Section 5.1 General Landscapes. Landscaping shall be integrated,where appropriate, with other functional and ornamental site design elements (e.g. hardscape materials, entryway documentation, paths, sidewalks, natural areas, fencing or water features). A detailed landscape plan showing the size, location and variety of all plantings outside of the boundaries of a Lot shall be submitted and approved as part of the Secondary Plat for the portion of the Real Estate that is the subject of the Secondary Plat. Landscaping shall substantially comply with the following general standards: A. Landscaping should be designed with structured patterns and complementary textures and colors. Alternate or pervious paving materials or alternative planting media where planting space is limited or where otherwise warranted by site design. 5 B. All plantings shall meet the following specifications: i) Planting shall occur according to the American Standard for Nursery Stock (ANSI Z60.1), and all trees shall be selected from the Carmel Recommended Tree List published by the City's Urban Forestry Program. Landscaping materials shall be appropriate to local growing and climatic conditions. Plan suitability, maintenance and compatibility with site constriction features are factors that shall be addressed. The City's planting details shall be used. ii) Shade trees shall have a minimum width of two and one half(2.5) inches caliper at planting. iii) Ornamental trees shall have a minimum width of one and one half (1.5) inches caliper at planting. iv) Evergreen trees shall have a minimum height of six (6) feet at planting. v) Shrubs shall have a minimum height of eighteen (18) inches at planting. C. Subject to the approval of the Urban Forester, existing vegetation may be used to achieve required landscaping if(i) it is of suitable quality, size and state of health to achieve required landscaping, and (ii) the method of preservation utilizes best management practices for tree protection during construction. Any preservation of existing vegetation shall constitute an in-kind credit against the landscaping requirements of this PUD Ordinance. D. All landscaping approved as part of the Secondary Plat shall be installed, weather permitting, prior to issuance of a Certificate of Occupancy for the first Building constructed on the portion of the Real Estate that is the subject of the Secondary Plat. If it is not possible to install the approved landscaping because of weather conditions, a temporary Certificate of Occupancy, which shall be conditioned upon a specified time to complete the installation of all uninstalled landscape material,may be requested. E. All landscaping approved as part of the Secondary Plat shall not be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material alterations in landscaping may be approved by the Director or his or her designee in order to conform to specific site conditions. F. All landscaping shall be properly maintained, which shall include the replacement of dead plantings with identical varieties or suitable 6 substitute, mulching of planting areas, and keeping the landscaped areas free of refuse, debris,rank vegetation and weeds. Section 5.2 Conflict with Utilities. Notwithstanding anything herein to the contrary, no tree shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose), or other rules, regulations or ordinances of the City. 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. Section 5.3 Landscape Plan. A full landscape plan shall be submitted with the ADLS application. The landscape plan shall include, at a minimum, the following: A. Location and spacing of existing and proposed plant material. B. Types of plant material identified by botanical and common names. C. Size of material, in diameter and height, at installation and maturity. D. Quantity of each of the planting materials to be installed. E. Methods of protecting landscaped areas. Section 5.4 Perimeter Bufferyard. A perimeter bufferyard shall be installed along the boundaries of the Green House Cottages District. The perimeter bufferyards shall be as follows: A. The perimeter bufferyard for the northern boundary of the Green House Cottages District shall be a minimum of thirty (30) feet in width, and for each one hundred (100) lineal feet of the bufferyard shall contain not less than three (3) shade or evergreen trees, not less than two (2) ornamental trees and not less than fifteen (15) shrubs. Drainage shall be permitted within the perimeter bufferyard along such northern boundary perimeter. B. The perimeter bufferyard for the eastern boundary perimeter shall be a minimum of fifteen (15) feet in width, and for each one hundred (100) lineal feet of the bufferyard shall contain not less than seven (7) shade or evergreen trees, not less than three (3) ornamental trees and not less than twenty-five (25) shrubs. Drainage shall be permitted within the perimeter bufferyard along such northern boundary perimeter. C. Except for the western bufferyard of Cottage III, the perimeter bufferyard for the western boundary perimeter be a minimum of fifteen (15) feet in width, and for each one hundred (100) lineal feet of the bufferyard shall contain not less than seven (7) shade or evergreen trees, not less than three (3) ornamental trees and not less than twenty-five (25) shrubs. Notwithstanding anything contained herein to the contrary, the perimeter bufferyard west of Cottage III shall be five (5) feet and the Foundation 7 Plantings required per Section 5.5 shall be allowed to be incorporated into the perimeter bufferyard. Drainage shall be permitted within the perimeter bufferyard along such northern boundary perimeter. D. The perimeter bufferyard along the southern boundary (the entire 126th Street frontage) shall be a minimum of fifteen (15) feet in width, and for each one hundred (100) lineal feet of the bufferyard shall contain not less than seven (7) shade or evergreen trees, not less than three (3) ornamental trees and not less than twenty-five (25) shrubs. E. Perimeter Bufferyard Landscaping within Drainage Easements: Along the entire 126th Street frontage, all plantings within the drainage easement and/or overlapped bufferyard shall count toward the bufferyard landscaping requirements contained herein Section 5 of this Green House Cottages Ordinance. Trees planted within the drainage easement shall be located such that there will be a separation from tree to drainage infrastructure equal to the radius of the drip line at maturity or fifteen (15) feet,whichever is greater. Existing vegetation may be applied towards perimeter bufferyards. Drainage improvements shall be permitted within the perimeter bufferyards described above in this Section 5.4 and elsewhere in this Green House Cottages Ordinance, conditioned upon conformance to Section 10.6 below. Section 5.5 Foundation Plantings. A. Landscaping shall be installed along all sides of the Cottage(s). B. Within the foundation planting areas required hereinabove Section 5.5(a) the following shall apply: i) The primary landscape materials used shall be shrubs, and ornamental grasses. ii) Spacing for foundation shrubbery shall not exceed five (5) foot intervals except were occupied by a sidewalk driveway or impervious surface iii) Sidewalks, patios and/or terraces are permitted in foundation planting areas, but shall not occupy the entire planting area on any side of the Cottage(s). Section 5.6 Parking Lot Planting. A. Parking lot perimeters shall be landscaped on all sides. B. A minimum of one (1) shade tree and five shrubs shall be planted for every ten (10)parking spaces provided. 8 Section 5.7 Screening Areas. Screening and landscaping shall prevent direct views of loading areas and ground mounted mechanical/telecommunication equipment from the street or public rights of way. Screening and buffering shall be achieved through walls, fences and landscaping. Section 5.8 Street Trees. A. Large growing street trees shall be planted within the public 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 placed. B. Street tree species shall be selected from the City's published list of recommended street trees. Section 5.9 Tree Preservation. Tree Preservation Areas shall be regulated and well maintained in accordance with the following; however the Tree Preservations Areas shall be subject to the rights of all utility and drainage easements therein: A. The following best management practices should be implemented with respect to Tree Preservation Areas: i) Removal of invasive species (e.g. bush honeysuckle) where appropriate, including the use of professionals to apply herbicides or indentify and remove such invasive species. ii) Removal of an overabundance of combustible material (e.g. dead, fallen trees and leaves). iii) Removal of vines growing on and up a tree when tree growth is affected. iv) All maintenance activity shall be completed in accordance with industry standards using the latest ANSI Z133.1 and A-300 approved practices and methods. B. The following activities shall be permitted within Tree Preservation Areas: i) Planting of native trees, pursuant to the Indiana Native Tree List provided by the City's Urban Forester. ii) Removal of hazardous, exotic and invasive vegetation pursuant to the Indiana Exotic and Invasive Plant List provided by the City's Urban Forester. iii) Removal of trees directed to be removed by municipal, county, state or federal agencies or departments or by a public utility. 9 iv) 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). v) Community or common areas; provided any such use shall be designed to avoid unnecessary impact or damage to Tree Preservation Areas. C) The following activities shall be prohibited within Tree Preservation Areas: i) Removal of living vegetation except as otherwise permitted in this Section 5.3. ii) Mowing any portion of existing, naturally vegetated areas, except along trails,points of access or gathering points. iii) Dumping of leaves or other debris from areas other than the Tree Preservation Area. iv) Seeding, including grass seed, prairie mix seed, sod or the planting of any type of vegetable garden unless otherwise approved by the City's Urban Forrester. vi) Active recreational activities that would adversely impact the Tree Preservation Area such as the placement of playground equipment, paving for basketball or tennis courts and swimming pools. D) The following shall be required for all Tree Preservation Areas: i) Signs identifying the Tree Preservation Area shall be posted every five hundred (500) feet around the perimeter of all Tree Preservation Areas. ii) Barriers shall be utilized during site development and earth moving activities,which shall be specified on landscape plans. Such barriers shall remain in place during the site's construction activity. Section 6. Li2htin2 Requirements. Section 6.1.Street Lights. Street lighting when provided, shall be confined to intersections and vehicular access points, shall meet all applicable City standards and shall be reviewed and approved by the City. Section 6.2.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 that has been approved by the Plan Commission may later be substantially altered or eliminated without first obtaining further approval from the Plan 10 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 Buildings and/or Cottages shall be located so that (i) light is not directed off the site and (ii) the light source is shielded from direct offsite viewing. D. Exterior lighting shall be architecturally integrated with the Building and/or Cottages style,material and color. E. All exterior ground-mounted architectural, display and decorative lighting shall be generated from concealed, low level fixtures. F. Light fixtures in parking areas shall not exceed twenty-five (25) feet in height. G. All Building, Cottage(s) and pole mounted fixtures shall have 90-degree cut off and/or flat lenses. Pole mounted building accent lighting shall be exempt from this provision. H. Ground mounted lighting fixtures are permitted within areas designated for perimeter buffering. Section 7. Signage. All signage on the Real Estate shall comply with Chapter 25.07 of the Zoning Ordinance, as revised, supplemented and amended by this Section 7 of the Green House Cottages Ordinance, subject to ADLS Approval. Section 7.1. Wall Signs: A. Cottages: 1. Wall signs shall be permitted with a maximum of one (1)permitted on the fagade facing the roadway adjacent to the Cottages front door. 2. Maximum Area: Signs not to exceed thirty (30) square feet each, located on the upper building fagade. B. Administrative Office Building: 1. Wall signs shall be permitted with a maximum of one (1)permitted on each fagade facing the public street. 2. Maximum Area: Signs not to exceed thirty (30) square feet each, located on the upper building fagade. Section 7.2. Ground Signs: A. Shall not exceed thirty (30) square feet 11 B. One (1) Ground Sign shall be permitted per Cottage C. Two (2) Ground Signs shall be permitted for the Administrative Office Building. D. One (1) Ground Sign shall be permitted at each point of ingress/egress. E. Maximum Height: Six (6) feet as measured from the base of the sign to the top of the sign area. Section 8. Parking Requirements. Section 8.1 Automobile Parking. A. Except as provided herein this Section 8, the requirements set forth in Section 27.03 and 27.05 of the Zoning Ordinance shall apply in determining the standards applicable to parking spaces. Parking spaces shall be provided in the following manner: i) A minimum of Seventy-Two (72) parking spaces shall be provided on the Real Estate; and ii) Any additional parking deemed to be necessary for special events or for operations shall be either on site replacing in open space areas or provided offsite. B. Parking areas shall be interconnected by internal driveway and coordinated to accommodate pedestrian access. Section 8.2. Service Area Requirements. Service areas shall of a size, configuration and distribution shown on the approved DP. Section 8.3. Bicycle Parking and Building Amenities. A total of five (5)bicycle parking spaces shall be provided in compliance with Article 27.06.03 of the Zoning Ordinance. Section 9. Miscellaneous Requirements and Standards. Section 9.1 Site Access. The number and configuration of vehicular access drives into the Real Estate shall be provided as illustrated on the DP. Section 9.2 Right-Of-Way Widths/Cross Sections. A. The half right-of-way width for 126 ' Street shall be fifty (50)feet. B. All interior streets shall be private and have a minimum right-of-way width of thirty (30)feet. 12 Section 9.3 Sidewalks/Paths. A. Sidewalks internal to the Green House Cottages District shall be installed along both sides of all street frontages. Construction of sidewalks on or directly adjacent to Cottages shall be done as part of the construction of the Cottages. Sidewalks along a street frontage that are not on or directly adjacent to a Cottage shall be installed as part of the development of each section according to the DP. Sidewalks shall comply with the current sidewalk standards for the City and shall be not less than five (5) feet in width. B. All sidewalk or path intersections shall include ADA compliant ramps and crosswalks. Section 10. Development Procedure. Section 10.1 Approval of the Development Plan and ADLS. The Development Plan ("DP") shall be reviewed and approved via the DP/ADLS process by the Commission as prescribed in Chapter 24 of the Zoning Ordinance. Therefore a DP/ADLS approval shall be required prior to issuance of an Improvement Location Permit for this Green House Cottages Ordinance. Section 10.2 Modification of Development Requirements (Zoning Waiver).The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the dimensional standards by less than ten (10) percent of the specified standard. Any approval of such waiver is subject to the following criteria: A. The proposal shall be in harmony with the purposes and land use requirements contained in the Green House Cottages Ordinance. B. The proposal shall complement the overall DP and the adjoining streetscapes and neighborhoods. C. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the PUD District, and must not adversely affect emergency access in the area. Section 10.3 Variances of Development Requirements. The BZA may authorize Variances from the terms of the Green House Cottages Ordinance, subject to the procedure prescribed in Chapter 30 of the Zoning Ordinance. Section 11. 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: 13 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, ALDS, 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 Green House Cottages Ordinance. Section 12. Violations and Enforcement. All violations and enforcement of this Green House Cottages Ordinance shall be subject to Chapter 34 of the Zoning Ordinance. Section 13. Exhibits. All of the Exhibits (A-E) on the following pages are attached to this Green House Cottages Ordinance, are incorporated by reference into this Green House Cottages Ordinance and are part of this Green House Cottages Ordinance. [The remainder of this page has been intentionally left blank] 14 This Ordinance shall be effective upon its passage by the Council and approval by the Mayor of the City, in accordance with Indiana Code 36-4-6 et seq. ADOPTED by the Common Council of the City of Carmel, Indiana this day of 2014, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore Carol Schleif Sue Finkam W. Eric Seidensticker Ronald E. Carter Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2014, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2014, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Andrew S. Greenwood, Esq. 1132 South Rangeline Road, Suite 200 Carmel, IN 46032 317-341-5909 15 Exhibit A Legal Description of Real Estate A part of the Southwest Quarter of the Southwest Quarter of Section 30 and a part of the Northwest Quarter Section 31, Township 18 North, Range 4 East, located in Clay Township, Hamilton County, being the Blackwell Development Partners, LLC property described in Instrument No. 2013002580 and Thomas W. and Sue B. Steinhart property described in Instrument NO. 200400071625 both in the Recorders Office of Hamilton County, Indiana and more particularly described as follows, to-wit; Commencing at the Southeast corner of said Southwest Quarter of the Southwest Quarter of Section 30 thence run along the South line of said Quarter section, North 89"50'12" West (state plane bearing), 137.00 feet to the Point of Beginning of the herein described tract; Thence along the East line of said Blackwell Development Partners LLC property, North 00"00'11" East 522.50 feet to the Northeast Corner of said property, said point being on the South line of the Carmelaire Subdivision recorded in Plat Book 4, Page 97; Thence along the North lines of said properties and the South line of said Subdivision, North 89"50'12" West, 305.50 feet to the Northwest corner of said Steinhart property; thence along the West line of said Steinhart property, South 00"00'11" West, 664.31 feet to a 5/8" capped rebar with orange cap stamped "JD HALL LS20500017" (herein after referred to as "capped rebar") on the North right-of-way line of 126th Street; following four (4) courses: 1) South 89"54'01" East 95.07 feet to a capped rebar; 2) South 82"04'04"East, 57.57 feet to a capped rebar; 3)North 77"21'32" East, 38.55 feet to a point on a curve to the left, having a radius of 485.87 feet, marked by a capped rebar; 124.45 feet to a capped rebar on the East line of said Blackwell property; thence North 00"0011 East, 94.20 feet to the Point of Beginning, containing 4.61 acres,more or less. Subject to all easements and rights-of-way of record. 16 Exhibit B Concept Plan GREEN HOUSE COTTAGES OF CARMEL L. L. C . CONCEPTUAL LAYOUT 60 0 CID 0 30'TREE PRESERVATION AREA 20'LANDSCAPE AREA Ll HOUSE HOUSE III IV FRONT FRONT � I f ` IIIi II I LU I � HOUSE r la I z ° 0 HOUSE II T ¢ V al ; Exhibit C ARCHITECTURAL STANDARDS 1) Maximum Livable Square Footage: Cottage: 8,000 SF, 1 story building 2) Minimum Roof Pitch: Front to back: 5/12 Front gables: 8/12 Note: Ancillary roofs such as porches, bays or walkways may be less than the minimum requirement. 3) Roof Overhangs: Minimum framed front and rear overhang: 12 inches 4) Corner Breaks: Each home shall have a minimum of three (3) corner breaks on the front facade and two (2) corner breaks on the rear facade. The exterior corners of a covered porch, the outermost corners of the home, and a projection with a height of no less than six (6) feet shall count toward this requirement. 5) Equipment Vents: All vents shall attach to the rear or side of the home to reduce visibility from the street. 6) Windows: Window type shall be vinyl, vinyl clad, aluminum clad or wood and there shall be a minimum of two (2)windows per facade per level. Windows shall be double hung windows and should be trimmed in wood or other applicable material that matches the building design. 7) Garages: All Cottages may have a minimum two-car attached garage. If the garage is front loading, it shall have a decorative garage door. For all side load garages, the side of the garage that faces the street shall not protrude more than fifteen (15) feet from the farthest point of the front elevation of the home (the front edge of a porch shall be included even if the porch does not touch the garage). 8) Masonry Requirements: Acceptable Masonry materials include the following: brick, stone,manufactured or synthetic stone or brick, limestone, natural stone, cultured stone. Stucco and EIFS may be used as an alternative to the aforementioned Masonry materials, but stucco and EIFS may only be used from 8' off of the ground and above. The Cottages and Administration building will have at a minimum a brick wrap from grade level to 8' off the ground. 9) Siding Requirements: A. No vinyl or aluminum siding shall be permitted. B. Acceptable siding materials shall be wood, LP siding, Hardiplank or similar composition fiber cement siding materials. C. No siding shall be allowed within 8' from the ground. 10) Miscellaneous: A. All driveways shall be concrete; asphalt is not permitted. B. Public sidewalks are required to connect to Cottages and shall be a minimum width of 5'. C. Chimneys shall not be shed or cantilevered Exhibit D Conceptual Home Elevations CO C- -0 0 w a 0 U C- 0 U N E U CO Lu 0 n i i -- I co O 6 N W Q N U C O U N E 0 U 0 m a 0 0 U ?!; I fill? ' I � ' Ilili I r k j k Z-1 Jill Li . ��Il111!IllIL`IS3�� j. r`�i•�i�Iri n �f CO i EC ' a:fl:cn�rm�lm �i�l. Exhibit E Landscape Plan l") is �I J � J �d i J i 4 g(FeeT 2N -- — -----� 126 IRustrative Site Layout scale 1" = 30' Green House Cottages of Carmel Map drawn 3 July 2014 N,,�h Carmel-Indiana USu�down ar ens - - ---- --- -------- ------- -- - --- I --- - --------------- ---------------------- - Ll 8 'I � O �v � Ql- M 7V INH N N v I i� - �---- STREET N WE 5 (""' x (7 GREEN HOUSE COTTAGES r° OF CARMEL �> 126TH STREET C n C CARMEL,INDIANA �� rE ---- - -------- ---------- ---- ---- - -- - -- ---- -------- --- ------------ ------------ �W � YJu 7n r T rn O =C II z O 0 Z Z rn oz -� m z N � z x P GREEN HOUSE COTTAGES OF CARMEL �> 126TH STREET N n j CARMEL,INDIANA c �� `rE o - hoc 1,o I,o o off, o, �, - - �� o - oL o D y 7 j o v o ° 74 c o y o o o c o oLO o =- 0 o Lo 0 0 0 0 0 0 --q o o o Q Z 0 71 S K c °o c� ® 00000 D o D O _ 7 a 0.��. ° oo QOrra'6 ov--� G O _ rn .'o a 0 s•< '<� C 5 O G�O 1 CP O O 6 z N O2 O d<D 3 C1 O1 D ul G - O rn ` SOl N 3 d Q N O N p T G N c9 O - il rn O Cl G z rn O� s G7 n - � w N O rn G c o 0 N -mill D D D D - CD o-J l >,_i ,n rn Jill =a D rn O O D ➢ D � _ o t D rn x (J� GREEN HOUSE COTTAGES OFCARMEL 126TH STREET CARMEL,INDIANA L ��i