HomeMy WebLinkAboutPacket for Sub 12-05-16 East Village
CLAY CORNER
(formerly East Village )
Planned Unit Development
Docket No. 16060020 Z
REZONE APPLICATION
CITY OF CARMEL, INDIANA
December 6, 2016
Subdivision Committee Meeting
Applicant: Village Lots, LLC
Attorneys: Nelson & Frankenberger, LLC
Attn: James E. Shinaver, Attorney
Jon C. Dobosiewicz, Professional Land Planner
844-0106
TABLE OF CONTENTS
1. Explanation of Request
2. Revised Color Site Plan
3. Engineered Development Plan
4. Common Area Plan
5. Exhibit and photos demonstrating southern property line treatment
6. Subdivision Sign Exhibit
7. Updated Clay Corner PUD
8. Red Line Version of PUD
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Sponsors: Councilor _________
CARMEL, INDIANA
Clay Corner
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-16
November 21, 2016
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 3
Section 2. Definitions and Rules of Construction .......................................................................... 4
Section 3. Accessory Structures and Uses ...................................................................................... 6
Section 4. Development and Architectural Standards ..................................................................... 6
Section 5. Common Area Requirements ....................................................................................10
Section 6. Landscaping Requirements ........................................................................................10
Section 7. Signage Requirements ...............................................................................................14
Section 8. Additional Requirements and Standards ...................................................................... 15
Section 9. Procedural Provisions ...............................................................................................16
Section 10. Controlling Developer’s Consent .............................................................................16
Section 11. Violations and Enforcement .....................................................................................17
Section 12. Exhibits .....................................................................................................................17
Exhibit A. Legal Description
Exhibit B. Development Plan / Primary Plat
Exhibit C. Architectural Character Imagery – Area A and Area B Lots
Exhibit D. Architectural Character Imagery – Area C lots
Exhibit E. Subdivision Entryway/Residential Complex Sign Character Imagery
Note: All of the above Exhibits (A-E) are attached to this Clay Corner Ordinance, are
incorporated by reference into this Clay Corner Ordinance and are part of this Clay Corner
Ordinance.
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Sponsors: Councilor __________
ORDINANCE Z-___-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE CLAY CORNER
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Clay Corner Planned Unit Development District Ordinance (the
“Clay Corner PUD”). The Ordinance would rezone the real estate from S-1 Residential to a
Planned Unit Development district allowing the development of a residential neighborhood laid
out in the same style and character as the Village of West Clay which includes homes of the same
architectural style as those constructed today within the village.
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 __________ recommendation to this PUD
district ordinance considered under Plan Commission docket number 16060020 Z (the “Clay
Corner Ordinance”), which establishes the Clay Corner Planned Unit Development District (the
“Clay Corner 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 seq., the Council adopts this Clay Corner Ordinance, as an amendment to the Zone
Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Clay Corner
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 Clay Corner Ordinance, and (iv) this Clay Corner
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 Clay Corner District.
Section 1.2 Development in the Clay Corner District shall be governed entirely by (i)
the provisions of this Clay Corner Ordinance and its exhibits, and (ii) those provisions of
the Zoning Ordinance and Subdivision Control Ordinance specifically referenced in this
Clay Corner Ordinance.
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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 Clay Corner Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
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 Clay Corner Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Clay Corner 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.
Area A Lots: Lots numbered 56 thru 64 and lots numbered 72 to 76 on the
Development Plan.
Area B Lots: Lots numbered 65 thru 71 on the Development Plan.
Area C Lots: Lots numbered 1 thru 55 on the Development Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as Exhibit C (Architectural Character Imagery – Area A and Area
B Lots) and Exhibit D (Architectural Character Imagery – Area C Lots), 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 provided all applicable Architectural Standards are met.
Architectural Standards: The Architectural Standards incorporated herein under
Section 4.7 - Architectural Standards.
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Building: A structure having a roof supported by columns and walls, for shelter,
support, or a Dwelling.
BZA: The Carmel Board of Zoning Appeals.
City: The City of Carmel, Indiana.
Common Area(s): Common Areas 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, Common Areas do not include
any area which is divided into individual Dwelling lots or streets. Common Areas
shall be in the areas identified on the Exhibit B (Development Plan/Primary Plat).
Controlling Developer: Shall mean East Village, LLC until such time as East
Village, LLC transfers or assigns, in writing, its rights as Controlling Developer
such as to an Owners Association.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions, if any, applicable to the Real Estate, or any portion thereof, which
shall 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 (DP/PP)
attached hereto and incorporated herein by reference as Exhibit B (Development
Plan / Primary Plat) is the plan under which the Real Estate will be developed and
which is, upon approval, the Primary Plat of the Real Estate.
Development Requirements: Written development standards and any written
requirements specified in this Clay Corner Ordinance, which must be satisfied in
connection with the approval of the Secondary Plat and Building Permits.
Dwelling: A detached single-family residence or a Building.
Legal Description: The description of the Real Estate included in Exhibit A.
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Plan Commission: The City’s Plan Commission.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Sign: Any type of sign as further defined and regulated by this Clay Corner
Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance.
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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 Structures and Uses. All Accessory Structures and Accessory Uses
allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the Clay
Corner District; unless prohibited in the Declaration(s) of Covenants; provided, however, that
any detached Accessory Structure 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 of the Zoning
Ordinance.
Section 4. Development and Architectural Standards.
Section 4.1 Permitted Uses:
A. Single-family Dwellings.
B. Common Areas.
C. Model Home.
D. There shall be no more than seventy-six (76) Dwellings permitted within the
Real Estate.
Section 4.2 Bulk Requirements:
A. Area A Lots:
1. Minimum Lot Area: Ten Thousand (10,000) square feet.
2. Minimum Lot Width at Building Line: Ninety (90) feet.
3. Minimum Lot Width at Right of Way: Seventy (70) feet.
4. Minimum Front Yard Setback: Twenty-five (25) feet.
5. Minimum Side Yard Setback: Five (5) feet.
6. Minimum Rear Yard Setback: Twenty-five (25) feet.
7. Maximum Lot Coverage: Fifty (50) percent.
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8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
B. Area B Lots:
1. Minimum Lot Area: Eight Thousand (8,000) square feet.
2. Minimum Lot Width at Building Line: Seventy (70) feet.
3. Minimum Lot Width at Right of Way: Sixty-five (65) feet.
4. Minimum Front Yard Setback: Twenty (20) feet.
5. Minimum Side Yard Setback: Five (5) feet.
6. Minimum Rear Yard Setback: Twenty (20) feet.
7. Maximum Lot Coverage: Fifty (50) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand, (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
C. Area C Lots:
1. Minimum Lot Area: Six Thousand (6,000) square feet.
2. Minimum Lot Width at Building Line: Fifty (50) feet.
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3. Minimum Lot Width at Right of Way: Forty-five (45) feet.
4. Minimum Front Yard Setback: Ten (10) feet (excludes porches,
stoops, and porticos, etc. which may encroach by a maximum three (3)
feet)
5. Minimum Side Yard Setback: Three (3) feet.
6. Minimum Rear Yard Setback: Twenty-four (24) feet (to property line
at center of alley).
7. Maximum Lot Coverage: Fifty (50) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Clay
Corner Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Clay
Corner Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8
of this Clay Corner Ordinance.
Section 4.6 The Real Estate shall be developed per the layout, street cross section and
width configuration, and lot distribution as shown on the Development Plan/Primary Plat.
Section 4.7 Architectural Standards:
A. The applicable Architectural Character Imagery, indicating conceptually the
intended architecture and appearance of Dwellings are contained within
Exhibit C (Architectural Character Imagery – Area A Lots and Area B Lots)
and Exhibit D (Architectural Character Imagery – Area C Lots).
B. Dwelling Architecture: All Dwellings shall be constructed in compliance with
the architectural guidelines included in the Village of Westclay Building
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Guidelines and Requirements for Residential Construction which procedure
and approval process shall be administered solely by the Controlling
Developer. A Copy of the applicable Building Guidelines and Requirements
shall be kept on file with petition 16060020 Z located in the Department of
Community Services of the City.
C. Monotony Mitigation:
1. Front Façade: The same front building elevation shall not be constructed
for two (2) lots on each side of the subject lot on the same side of the
street and for three (3) lots across the street from the subject lot as
illustrated in the below diagram.
2. Exterior Siding Color: No two side by side homes on contiguous lots or
the lot across the street from the subject lot shall have the same exterior
color on the primary structure of the home.
3. Exterior Masonry Color: No two side by side homes on contiguous lots
shall have the same masonry color.
Section 4.8 Lot Lighting: All Dwellings shall have (i) light fixtures flanking the garage
doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights
at the front door of the dwelling.
Section 4.9 Street Lighting: Street lighting (lighting in the street right-of-way), when
provided, shall (i) be confined to the street intersections and (ii) meet all applicable City
standards and (iii) 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 twenty (20) feet in length as measured from the street right of way
and vehicles shall not be parked in a location that encroaches onto the sidewalk or alley.
Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or
pervious pavers. Asphalt driveways shall not be permitted.
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Section 5. Common Area and Amenity Requirements. Common Area shall be in the
areas identified on the Development Plan / Primary Plat.
Section 5.1 A minimum of ten and one-half (10.5) acres, approximately thirty-five
(35) percent, of the District, shall be allocated to Common Area as illustrated on the
Development Plan / Primary Plat.
Section 5.2 A common area plan has been submitted and is on file with the rezoning
request which illustrates the area and use of the proposed common areas.
Section 5.3 The following amenities shall be provided in the Clay Corner District:
A. Passive Amenities: Open space, including an internal trail, shall be provided
for passive recreation opportunities, as generally depicted on the Development
Plan/Primary Plat. The internal trail to be installed shall be an eight (8') wide
asphalt path located along the southern portion of the Real Estate as generally
shown on the Development Plan/Primary Plat and shall be installed in
substantial compliance with the location depicted on the Development
Plan/Primary Plat. The final location of the internal trail is subject to existing
easements and final engineering. If the internal trail is prevented from being
installed as generally shown, then an alternative trail location may be
approved by the Director that still provide access and connectivity along the
southern portion of the Real Estate.
B. Paseo Park. A Paseo Park as generally depicted on the Development
Plan/Primary Plat shall be provided. The park shall include a playground
structure, playground equipment and bench. If the location of the proposed.
Section 6. Landscaping Requirements. A detailed, to scale, engineered landscape plan
showing the size, location and variety of all plantings, other than foundation and Lot plantings,
has been reviewed and approved by the Commission, and constitutes the approved Landscaping
Plan for the Real Estate. Landscaping shall comply with the following standards:
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, and fencing.
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 shall be addressed. The City’s planting details shall be
required on the landscape plan. 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.
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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.
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 / Primary Plat 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 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 Primary Plat approval. No landscaping which has
been approved by the Urban Forester with the Primary Plat may later be
substantially altered, eliminated or sacrificed without first obtaining further
approval from the Urban Forester 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 Clay Corner Ordinance, to ensure proper
maintenance of landscaping in accordance with the Clay Corner 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.
Section 6.2. Areas to be landscaped.
A. Perimeter Buffering.
1. The perimeter buffer width shall be as shown on the Landscaping Plan and
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common area plans. The perimeter buffer may exist within a lot.
2. The buffer along the south and west perimeter of the Real Estate shall be
as generally shown on the Landscape Plan which includes primarily Tree
Preservation and shall vary in width as generally shown on the Landscape
Plan.
3. Subject to approval by the pipeline easement holder, along portions of the
southern property line within the pipeline easement area a natural prairie
grass planting shall be installed as generally depicted on the Landscaping
Plan.
4. No perimeter buffering internal to the Real Estate shall be required
between individual parcels within the Clay Corner District.
B. Street Trees.
1. Large growing shade 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 6.2.B.2.
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.
C. Foundation and Lot Planting Standards. The following planting requirements
apply to all Dwellings:
1. All lots shall be required to plant two (2) shade trees included in a
minimum of four (4) trees in the front yard. Corner lots shall install two
shade (2) trees included in a minimum of four (4) trees per side facing a
street. Lots 1-54 shall only be required to install a total of two (2) trees in
each front yard.
2. All lots shall have a minimum of eighteen (18) shrubs and /or ornamental
grasses along the Dwelling foundation with a minimum of twelve (12)
facing the street. Corner lots shall install a minimum of thirty (30) shrubs
and/or ornamental grasses along the dwelling foundation with a minimum
of twelve (12) shrubs or grasses per side facing a street.
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3. Foundation and Lot plantings shall be installed by the builder at the time a
Dwelling is constructed on the Lot.
D. Storm Water Retention Ponds. The primary landscaping materials used
adjacent to ponds shall be as shown on the Landscape Plan.
E. Common Areas. Additional Plantings shall be provided in Common Areas as
shown on the Landscape Plan.
Section 6.3 Tree Preservation. Tree Preservation Areas shall be provided as shown on
the Development Plan / Primary Plat, including a 30’ Tree Preservation Area
along a portion of the southeast property line as shown on the Development
Plan/Primary Plat. The existing trees within these Tree Preservation Areas,
with supplemental plantings as necessary, are intended to meet the perimeter
buffering requirements of this Clay Corner Ordinance. Tree Preservation
Areas shall be regulated and well maintained in accordance with the
following:
A. The following best management practices should be implemented with respect
to Tree Preservation Areas:
1. Removal of invasive species (e.g. bush honeysuckle) where appropriate,
including the use of professionals to apply herbicides or identify and
remove such invasive species.
2. Removal of an overabundance of combustible material (e.g. dead, fallen
trees, and leaves).
3. Removal of vines growing on and up a tree when tree growth is affected.
4. 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:
1. Planting of native trees, pursuant to the Indiana Native Tree List provided
by the City's Urban Forester.
2. Removal of hazardous, exotic and invasive vegetation pursuant to the
Indiana Exotic and Invasive Plant List provided by the City's Urban
Forester.
3. Removal of trees directed to be removed by municipal, county, state or
federal agencies or departments or by a public utility.
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4. Installation of access easements, rights-of-way, streets, paths, trails,
sidewalks, utilities and drainage improvements. This provision is intended
to permit the crossing of the Tree Preservation area and not one easement
to fully occupy another. The Tree Preservation Areas are identified on the
Development Plan.
C. The following activities shall be prohibited within Tree Preservation Areas:
1. Removal of living vegetation except as otherwise permitted in this Section
6.3.A.
2. Mowing any portion of existing, naturally vegetated areas, except along
trails, points of access or gathering points.
3. Dumping of leaves or other debris from areas other than the Tree
Preservation Area.
4. 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
Forester.
5. 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:
1. Signs identifying the Tree Preservation Area shall be posted every five
hundred (500) feet around the perimeter of all Tree Preservation Areas.
2. 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 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
25.07 of the Zoning Ordinance as amended.
A. Signs identifying “No Mow” of “naturalized Area” shall be posted every five
hundred (500) feet around the perimeter of any natural prairie grass planting
areas.
B. Any subdivision entryway (Residential Complex) signs along 131st Street
(West Main Street) and/or Clay Center Road shall be designed in substantial
compliance with the plan included under Exhibit E (Subdivision Entryway/
Residential Complex Sign Character Imagery). Any proposed changes to the
sign illustrated under Exhibit E shall require Administrative ADLS approval.
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Section 8. Additional Requirements and Standards.
Section 8.1. Premises Identification. Premises identification shall meet the
requirements of the Zoning Ordinance as amended.
Section 8.2. Home Occupations. Home Occupations shall meet the requirements of the
Zoning Ordinance as amended.
Section 8.3. Right-of-way widths.
A. The half right-of-way width for 131st Street (West Main Street) and Clay
Center Road shall be forty-five feet.
B. The right-of-way width for all streets interior to the Real Estate shall be as
shown on the Development Plan / Primary Plat and shall be dedicated with the
Secondary Plat.
Section 8.4. Sidewalks and Pedestrian Amenities.
A. A five (5) foot wide sidewalk shall be required internal to the Real Estate as
shown on the Development Plan / Primary Plat.
B. A ten (10) foot wide asphalt path shall be required along the south side of
131st Street (West Main Street) and west side of Clay Center Road as shown
of the Development Plan / Primary Plat.
C. An internal 8’ wide asphalt path shall be installed within the common area as
shown on the Development Plan / Primary Plat subject to approval by the
Surveyors Office regarding the legal drain crossing.
Section 8.5. Site Access and Road Improvement Requirements. Development of the
Clay Center 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 Clay Corner Ordinance for the segment of Clay Center Road, and
only that segment of Clay Center Road, south of the intersection of the street entrance to
the Real Estate as shown on the Development Plan / Primary Plat.
Section 8.6. Declaration of Covenants and Owners Association. Declarations of
Covenants, if any, shall be prepared by the Controlling Developer in its discretion and
recorded with the Recorder of Hamilton County, Indiana. The Declaration(s) of
Covenants may establish an Architectural Review Board, which shall establish guidelines
regarding the design and appearance of all Buildings. Within the Declaration(s) a
provision will be included to require “no mow” signage of naturalized prairie grass
planting areas to be posted every five hundred (500) feet around the perimeter of a
natural prairie grass planting areas.
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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 to 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
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 Clay Corner 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 Clay Center 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;
changes in the functional uses of open space, where such change constitutes an
intensification of use of the open space; and/or a dimensional change of greater than ten
percent (10%).
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 Chapter 31.06.04.12 of the Zoning Ordinance.
Section 9.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the Clay Corner 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 site improvements within the Real
Estate;
B. Sign permits for any Signs within the Real Estate;
C. Improvement Location Permits for any Dwellings within the Real Estate;
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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 Clay Corner Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Clay
Corner Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Section 12. Exhibits. All of the Exhibits (A-E) on the following pages are attached to this
Clay Corner Ordinance, are incorporated by reference into this Clay Corner Ordinance and are
part of this Clay Corner Ordinance.
The remainder of this page is left blank intentionally.
Exhibit “A” – Page 1 of 2
Exhibit “A”
(Legal Description)
Part of the Southwest Quarter of Section 27, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, being part of a tract of land described in a Trustee’s Deed, recorded as
Instrument number 8905562 and an Affidavit of Survivorship to Georgiann C. Linnemeier, recorded as
Instrument number 200200096470 in the Office of the Recorder of said County, more particularly
described as follows:
COMMENCING at the Northwest corner of said Southwest Quarter; thence South 00 degrees 07 minutes
17 seconds West (basis of bearing = the Secondary Plat of Village of WestClay Section 15002-A, as per
plat thereof recorded as Instrument number 2008025256 in said Recorder’s Office) along the West line of
said Quarter Section a distance of 100.01 feet to the southerly right-of-way line of 131st Street as
described in a Warranty Deed to the City of Carmel, Indiana, recorded as Instrument number 2008005090
in said Recorder’s Office and the POINT OF BEGINNING, the following nine (9) courses are along
said southerly right-of-way lines and the westerly right-of-way lines of Clay Center Road as described in
said Deed; (1) North 89 degrees 10 minutes 04 seconds East 21.42 feet; (2) North 76 degrees 17 minutes
12 seconds East 179.51 feet; (3) North 84 degrees 15 minutes 45 seconds East 175.64 feet; (4) North 89
degrees 09 minutes 42 seconds East parallel with the North line of said Quarter 638.73 feet; (5) South 47
degrees 30 minutes 50 seconds East 114.60 feet; (6) South 22 degrees 01 minute 08 seconds East 223.43
feet to a point on a curve to the right having a radius of 460.00 feet, the radius point of which bears South
67 degrees 58 minutes 52 seconds West; (7) southerly along said curve an arc distance of 170.64 feet to a
point which bears North 89 degrees 14 minutes 08 seconds East from said radius point; (8) South 00
degrees 45 minutes 52 seconds East parallel with the east line of the aforementioned Linnemeier tract
76.19 feet; (9) North 89 degrees 14 minutes 08 seconds East 40.00 feet to said east line; thence South 00
degrees 45 minutes 52 seconds East along said east line a distance of 689.25 feet to the southeast corner
thereof; thence South 89 degrees 10 minutes 11 seconds West along the south line of said tract a distance
of 1,263.83 feet to the southwest corner thereof and a point on the West line of said Southwest Quarter;
thence North 00 degrees 07 minutes 17 seconds East along said West line a distance of 1,164.24 feet to
the Point of Beginning. Containing 33.76 acres, more or less.
ALSO:
Part of the Southeast Quarter of Section 28, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, being part of a tract of land described in a Limited Warranty Deed to East
Village, LLC, recorded as Instrument number 2015049192 in the Office of the Recorder of said County,
more particularly described as follows:
COMMENCING at the Northeast corner of said Southeast Quarter; thence South 00 degrees 07 minutes
17 seconds West (basis of bearing = the Secondary Plat of Village of WestClay Section 15002-A, as per
plat thereof recorded as Instrument number 2008025256 in said Recorder’s Office) along the East line of
said Quarter Section a distance of 170.15 feet to the POINT OF BEGINNING; thence continuing South
00 degrees 07 minutes 17 seconds West along said East line a distance of 449.57 feet to a point on a non-
tangent curve to the right having a radius of 14.00 feet, the radius point of which bears North 16 degrees
43 minutes 23 seconds East; thence along said curve westerly, northwesterly and northerly an arc distance
of 17.93 feet to a point which bears North 89 degrees 52 minutes 43 seconds West from said radius point;
thence North 00 degrees 07 minutes 17 seconds East parallel with said East line a distance of 94.65 feet to
a point on a curve to the left having a radius of 415.00 feet, the radius point of which bears North 89
degrees 52 minutes 43 seconds West; thence northerly and northwesterly along said curve an arc distance
of 276.87 feet to a point which bears North 51 degrees 53 minutes 44 seconds East from said radius point;
thence North 49 degrees 33 minutes 47 seconds East a distance of 130.29 feet to the Point of Beginning.
Containing 0.35 acres, more or less.
Containing 34.11 acres, in all.
2
Exhibit “A”
(Legal Description)
Exhibit “B” 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
Department of Community Services under Docket # 16060020Z. Below is a reduced version.
Exhibit “C” Page 1 of 4
Exhibit “C”
(Architectural Character Imagery – Area A and Area B Lots)
See included under separate TAB of Plan Commission Brochure dated August 16, 2016. These
images will be add to ordinance prior to recommendation by Plan Commission.
Exhibit “D” Page 1 of 5
Exhibit “D”
(Architectural Character Imagery – Area C Lots)
See included under separate TAB of Plan Commission Brochure dated August 16, 2016. These
images will be add to ordinance prior to recommendation by Plan Commission.
Exhibit “E” Page 1 of 1
Exhibit “E”
(Subdivision Entry/Residential Complex Sign Character Imagery)
ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of
_________________, 2016, by a vote of _______ ayes and ________ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ ____________________________________
Presiding Officer H. Bruce Kimball
___________________________________ ____________________________________
Laura D. Campbell Kevin D. Rider
___________________________________ ____________________________________
Ronald E. Carter Carol Schleif
___________________________________ ____________________________________
Sue Finkam Jeff Worrell
ATTEST:
__________________________________
Christine S. Pauley, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
________________________ 2016, at _______ __.M.
____________________________________
Christine S. Pauley, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2016, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Christine S. Pauley, Clerk-Treasurer
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032.
East Village PUD - PC D 112116
TAB 8
Sponsors: Councilor _________________
CARMEL, INDIANA
East Village
Clay Corner
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-16
August 15November 21, 2016
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 3
Section 2. Definitions and Rules of Construction .......................................................................... 4
Section 3. Accessory BuildingsStructures and Uses ...................................................................... 6
Section 4. Development and Architectural Standards ..................................................................... 6
Section 5. Common Area Requirements ..................................................................................910
Section 6. Landscaping Requirements ........................................................................................10
Section 7. Signage Requirements ...........................................................................................1314
Section 8. Additional Requirements and Standards .................................................................. 1315
Section 9. Procedural Provisions ...........................................................................................1416
Section 10. Controlling Developer’s Consent .........................................................................1516
Section 11. Violations and Enforcement .................................................................................1517
Section 12. Exhibits .................................................................................................................1517
Exhibit A. Legal Description
Exhibit B. Development Plan / Primary Plat
Exhibit C. Architectural Character Imagery – Area A and Area B Lots
Exhibit D. Architectural Character Imagery – Area C lots
Exhibit E. Subdivision Entryway/Residential Complex Sign Character Imagery
Note: All of the above Exhibits (A-DE) are attached to this East VillageClay Corner Ordinance,
are incorporated by reference into this East VillageClay Corner Ordinance and are part of this
East VillageClay Corner Ordinance.
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Sponsors: Councilor __________
ORDINANCE Z-___-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE EAST VILLAGECLAY CORNER
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the East VillageClay Corner Planned Unit Development District
Ordinance (the “East VillageClay Corner PUD”). The Ordinance would rezone the real estate
from S-1 Residential to a Planned Unit Development district allowing the development of a
residential neighborhood laid out in the same style and character as the Village of West Clay
which includes homes of the same architectural style as those constructed today within the
village.
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 __________ recommendation to this PUD
district ordinance considered under Plan Commission docket number 16060020 Z (the “East
VillageClay Corner Ordinance”), which establishes the East VillageClay Corner Planned Unit
Development District (the “East VillageClay Corner 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 seq., the Council adopts this East VillageClay Corner Ordinance, as an amendment to
the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this
East VillageClay Corner 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 East VillageClay Corner
Ordinance, and (iv) this East VillageClay Corner 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 East VillageClay Corner District.
Section 1.2 Development in the East VillageClay Corner District shall be governed
entirely by (i) the provisions of this East VillageClay Corner Ordinance and its exhibits,
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and (ii) those provisions of the Zoning Ordinance and Subdivision Control Ordinance
specifically referenced in this East VillageClay Corner 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 East VillageClay Corner Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
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 East VillageClay Corner Ordinance, shall
have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized
terms included in this East VillageClay Corner 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.
Area A Lots: Lots numbered 5556 thru 6564 and 73 thru 77lots numbered 72 to
76 on the Development Plan.
Area B Lots: Lots numbered 6665 thru 7271 on the Development Plan.
Area C Lots: Lots numbered 1 thru 5455 on the Development Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as Exhibit C (Architectural Character Imagery – Area A and Area
B Lots) and Exhibit D (Architectural Character Imagery – Area C Lots), 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 provided all applicable Architectural Standards are met.
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Architectural Standards: The Architectural Standards incorporated herein under
Section 4.7 - Architectural Standards.
Building: A structure having a roof supported by columns and walls, for shelter,
support, or a Dwelling.
BZA: The Carmel Board of Zoning Appeals.
City: The City of Carmel, Indiana.
Common Area(s): Common Areas 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, Common Areas do not include
any area which is divided into individual Dwelling lots or streets. Common Areas
shall be in the areas identified on the Exhibit B (Development Plan/Primary Plat).
Controlling Developer: Shall mean East Village, LLC until such time as East
Village, LLC transfers or assigns, in writing, its rights as Controlling Developer
such as to an Owners Association.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions, if any, applicable to the Real Estate, or any portion thereof, which
shall 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 (DP/PP)
attached hereto and incorporated herein by reference as Exhibit B (Development
Plan / Primary Plat) is the plan under which the Real Estate will be developed and
which is, upon approval, the Primary Plat of the Real Estate.
Development Requirements: Written development standards and any written
requirements specified in this East VillageClay Corner Ordinance, which must be
satisfied in connection with the approval of the Secondary Plat and Building
Permits.
Dwelling: A detached single-family residence or a Building.
Legal Description: The description of the Real Estate included in Exhibit A.
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Plan Commission: The City’s Plan Commission.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
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Sign: Any type of sign as further defined and regulated by this East VillageClay
Corner 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 BuildingsStructures and Uses. All Accessory Structures and
Accessory Uses allowed under the S-1 Residential District of the Zoning Ordinance shall be
permitted in the East VillageClay Corner District; unless prohibited in the Declaration(s) of
Covenants; provided, however, that any detached Accessory Structure 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 of the Zoning Ordinance.
Section 4. Development and Architectural Standards.
Section 4.1 Permitted Uses:
A. Single-family Dwellings.
B. Common Areas.
C. Model Home.
D. There shall be no more than seventy-seven (77six (76) Dwellings permitted
within the Real Estate.
Section 4.2 Bulk Requirements:
A. Area A Lots:
1. Minimum Lot Area: Ten Thousand (10,000) square feet.
2. Minimum Lot Width at Building Line: Ninety (90) feet.
3. Minimum Lot Width at Right of Way: Seventy (70) feet.
4. Minimum Front Yard Setback: Twenty-five (25) feet.
5. Minimum Side Yard Setback: Five (5) feet.
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6. Minimum Rear Yard Setback: Twenty-five (25) feet.
7. Maximum Lot Coverage: Fifty (50) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
B. Area B Lots:
1. Minimum Lot Area: Eight Thousand (8,000) square feet.
2. Minimum Lot Width at Building Line: Seventy (70) feet.
3. Minimum Lot Width at Right of Way: Sixty-five (65) feet.
4. Minimum Front Yard Setback: Twenty (20) feet.
5. Minimum Side Yard Setback: Five (5) feet.
6. Minimum Rear Yard Setback: Twenty (20) feet.
7. Maximum Lot Coverage: Fifty (50) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand, (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
C. Area C Lots:
1. Minimum Lot Area: Six Thousand (6,000) square feet.
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2. Minimum Lot Width at Building Line: Fifty (50) feet.
3. Minimum Lot Width at Right of Way: Forty-five (45) feet.
4. Minimum Front Yard Setback: Ten (10) feet (excludes porches,
stoops, and porticos, etc. which may encroach by a maximum three (3)
feet)
5. Minimum Side Yard Setback: Three (3) feet.
6. Minimum Rear Yard Setback: Twenty-four (24) feet (to property line
at center of alley).
7. Maximum Lot Coverage: Fifty (50) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this East
VillageClay Corner Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this East
VillageClay Corner Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8
of this East VillageClay Corner Ordinance.
Section 4.6 The Real Estate shall be developed per the layout, street cross section and
width configuration, and lot distribution as shown on the Development Plan/Primary Plat.
Section 4.7 Architectural Standards:
A. The applicable Architectural Character Imagery, indicating conceptually the
intended architecture and appearance of Dwellings are contained within
Exhibit C (Architectural Character Imagery – Area A Lots and Area B Lots)
and Exhibit D (Architectural Character Imagery – Area C Lots).
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B. Dwelling Architecture: All Dwellings shall be constructed in compliance with
the architectural guidelines included in the Village of Westclay Building
Guidelines and Requirements for Residential Construction which procedure
and approval process shall be administered solely by the Controlling
Developer. A Copy of the applicable Building Guidelines and Requirements
shall be kept on file with petition 16060020 Z located in the Department of
Community Services of the City.
C. Monotony Mitigation:
1. Front Façade: The same front building elevation shall not be constructed
for two (2) lots on each side of the subject lot on the same side of the
street and for three (3) lots across the street from the subject lot as
illustrated in the below diagram.
2. Exterior Siding Color: No two side by side homes on contiguous lots or
the lot across the street from the subject lot shall have the same exterior
color on the primary structure of the home.
3. Exterior Masonry Color: No two side by side homes on contiguous lots
shall have the same masonry color.
Section 4.8 Lot Lighting: All Dwellings shall have (i) light fixtures flanking the garage
doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights
at the front door of the dwelling.
Section 4.9 Street Lighting: Street lighting (lighting in the street right-of-way), when
provided, shall (i) be confined to the street intersections and (ii) meet all applicable City
standards and (iii) 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 twenty (20) feet in length as measured from the street right of way
and vehicles shall not be parked in a location that encroaches onto the sidewalk or alley.
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Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or
pervious pavers. Asphalt driveways shall not be permitted.
Section 5. Common Area and Amenity Requirements. Common Area shall be in the
areas identified on the Development Plan / Primary Plat.
Section 5.1 A minimum of eleven (11ten and one-half (10.5) acres, approximately
thirty-five (35) percent, of the District, shall be allocated to Common Area as illustrated
on the Development Plan / Primary Plat.
Section 5.2 A common area plan has been submitted and is on file with the rezoning
request which illustrates the area and use of the proposed common areas.
Section 5.3 The following amenities shall be provided in the Clay Corner District:
A. Passive Amenities: Open space, including an internal trail, shall be provided
for passive recreation opportunities, as generally depicted on the Development
Plan/Primary Plat. The internal trail to be installed shall be an eight (8') wide
asphalt path located along the southern portion of the Real Estate as generally
shown on the Development Plan/Primary Plat and shall be installed in
substantial compliance with the location depicted on the Development
Plan/Primary Plat. The final location of the internal trail is subject to existing
easements and final engineering. If the internal trail is prevented from being
installed as generally shown, then an alternative trail location may be
approved by the Director that still provide access and connectivity along the
southern portion of the Real Estate.
B. Paseo Park. A Paseo Park as generally depicted on the Development
Plan/Primary Plat shall be provided. The park shall include a playground
structure, playground equipment and bench. If the location of the proposed.
Section 6. Landscaping Requirements. A detailed, to scale, engineered landscape plan
showing the size, location and variety of all plantings, other than foundation and Lot plantings,
has been reviewed and approved by the Commission, and constitutes the approved Landscaping
Plan for the Real Estate. Landscaping shall comply with the following standards:
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, and fencing.
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
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climatic conditions. Plant suitability, maintenance and compatibility with site
construction features shall be addressed. The City’s planting details shall be
required on the landscape plan. 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.
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 / Primary Plat 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 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 Primary Plat approval. No landscaping which has
been approved by the Urban Forester with the Primary Plat may later be
substantially altered, eliminated or sacrificed without first obtaining further
approval from the Urban Forester 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 East VillageClay Corner Ordinance, to ensure
proper maintenance of landscaping in accordance with the East VillageClay
Corner 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.
Section 6.2. Areas to be landscaped.
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A. Perimeter Buffering.
1. The perimeter buffer width shall be as shown on the Landscaping Plan and
common area plans. The perimeter buffer may exist within a lot.
2. The buffer along the south and west perimeter of the Real Estate shall be
as generally shown on the Landscape Plan which includes primarily Tree
Preservation and shall vary in width as generally shown on the Landscape
Plan.
3. Subject to approval by the pipeline easement holder, along portions of the
southern property line within the pipeline easement area a natural prairie
grass planting shall be installed as generally depicted on the Landscaping
Plan.
3.4. No perimeter buffering internal to the Real Estate shall be required
between individual parcels within the Heritage at Spring MillClay Corner
District.
B. Street Trees.
1. Large growing shade 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 6.2.B.2.
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.
C. Foundation and Lot Planting Standards. The following planting requirements
apply to all Dwellings:
1. All lots shall be required to plant two (2) shade (2) trees included in a
minimum of four (4) trees in the front yard. Corner lots shall install two
shade (2) trees included in a minimum of four (4) trees per side facing a
street. Lots 1-54 shall only be required to install a total of two (2) trees in
each front yard.
2. All lots shall have a minimum of eighteen (18) shrubs and /or ornamental
grasses along the Dwelling foundation with a minimum of twelve (12)
facing the street. Corner lots shall install a minimum of thirty (30) shrubs
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and/or ornamental grasses along the dwelling foundation with a minimum
of twelve (12) shrubs or grasses per side facing a street.
3. Foundation and Lot plantings shall be installed by the builder at the time a
Dwelling is constructed on the Lot.
D. Storm Water Retention Ponds. The primary landscaping materials used
adjacent to ponds shall be as shown on the Landscape Plan.
E. Common Areas. Additional Plantings shall be provided in Common Areas as
shown on the Landscape Plan.
Section 6.3 Tree Preservation. Tree Preservation Areas shall be provided as shown on
the Development Plan / Primary Plat., including a 30’ Tree Preservation Area
along a portion of the southeast property line as shown on the Development
Plan/Primary Plat. The existing trees within these Tree Preservation Areas,
with supplemental plantings as necessary, are intended to meet the perimeter
buffering requirements of this East VillageClay Corner Ordinance. Tree
Preservation Areas shall be regulated and well maintained in accordance with
the following:
A. The following best management practices should be implemented with respect
to Tree Preservation Areas:
1. Removal of invasive species (e.g. bush honeysuckle) where appropriate,
including the use of professionals to apply herbicides or identify and
remove such invasive species.
2. Removal of an overabundance of combustible material (e.g. dead, fallen
trees, and leaves).
3. Removal of vines growing on and up a tree when tree growth is affected.
4. 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:
1. Planting of native trees, pursuant to the Indiana Native Tree List provided
by the City's Urban Forester.
2. Removal of hazardous, exotic and invasive vegetation pursuant to the
Indiana Exotic and Invasive Plant List provided by the City's Urban
Forester.
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3. Removal of trees directed to be removed by municipal, county, state or
federal agencies or departments or by a public utility.
4. Installation of access easements, rights-of-way, streets, paths, trails,
sidewalks, utilities and drainage improvements. This provision is intended
to permit the crossing of the Tree Preservation area and not one easement
to fully occupy another. The Tree Preservation Areas are identified on the
Development Plan.
C. The following activities shall be prohibited within Tree Preservation Areas:
1. Removal of living vegetation except as otherwise permitted in this Section
6.3.A.
2. Mowing any portion of existing, naturally vegetated areas, except along
trails, points of access or gathering points.
3. Dumping of leaves or other debris from areas other than the Tree
Preservation Area.
4. 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
Forester.
5. 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:
1. Signs identifying the Tree Preservation Area shall be posted every five
hundred (500) feet around the perimeter of all Tree Preservation Areas.
2. 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 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
25.07 of the Zoning Ordinance as amended.
A. Signs identifying “No Mow” of “naturalized Area” shall be posted every five
hundred (500) feet around the perimeter of any natural prairie grass planting
areas.
B. Any subdivision entryway (Residential Complex) signs along 131st Street
(West Main Street) and/or Clay Center Road shall be designed in substantial
compliance with the plan included under Exhibit E (Subdivision Entryway/
Residential Complex Sign Character Imagery). Any proposed changes to the
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sign illustrated under Exhibit E shall require Administrative ADLS approval.
Section 8. Additional Requirements and Standards.
Section 8.1. Premises Identification. Premises identification shall meet the
requirements of the Zoning Ordinance as amended.
Section 8.2. Home Occupations. Home Occupations shall meet the requirements of the
Zoning Ordinance as amended.
Section 8.3. Right-of-way widths.
A. The half right-of-way width for 131st Street shall be the existing right-of-
way(West Main Street) and Clay Center Road shall be forthforty-five (45)
feet.
B. The right-of-way width for all streets interior to the Real Estate shall be as
shown on the Development Plan / Primary Plat and shall be dedicated with the
Secondary Plat.
Section 8.4. Sidewalks and Pedestrian Amenities.
A. A four (4five (5) foot wide sidewalk shall be required internal to the Real
Estate as shown on the Development Plan / Primary Plat.
B. A ten (10) foot wide asphalt path shall be required along the south side of
131st Street (West Main Street) and west side of Clay Center Road as shown
of the Development Plan / Primary Plat.
C. AAn internal 8’ wide asphalt path shall be installed withwithin the common
area as shown on the Development Plan / Primary Plat subject to approval by
the Surveyors Office regarding the legal drain crossing.
Section 8.5. Site Access and Road Improvement Requirements. Development of the
East VillageClay Center 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 East VillageClay Corner Ordinance for the segment
of Clay Center Road, and only that segment of Clay Center Road, south of the
intersection of the street entrance to the Real Estate as shown on the Development Plan /
Primary Plat.
Section 8.6. Declaration of Covenants and Owners Association. Declarations of
Covenants, if any, mayshall be prepared by the Controlling Developer in its discretion
and recorded with the Recorder of Hamilton County, Indiana. The Declaration(s) of
Covenants may establish an Architectural Review Board, which shall establish guidelines
regarding the design and appearance of all Buildings. Within the Declaration(s) a
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provision will be included to require “no mow” signage of naturalized prairie grass
planting areas to be posted every five hundred (500) feet around the perimeter of a
natural prairie grass planting areas.
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 to 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
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 East VillageClay Corner 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 East VillageClay Center 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; changes in the functional uses of open space, where such change
constitutes an intensification of use of the open space; and/or a dimensional change of
greater than ten percent (10%).
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 Chapter 31.06.04.12 of the Zoning Ordinance.
Section 9.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the East VillageClay Corner 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 site improvements within the Real
Estate;
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B. Sign permits for any Signs within the Real Estate;
C. Improvement Location Permits for any Dwellings 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 East VillageClay Corner
Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this East
VillageClay Corner Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Section 12. Exhibits. All of the Exhibits (A-DE) on the following pages are attached to this
East VillageClay Corner Ordinance, are incorporated by reference into this East VillageClay
Corner Ordinance and are part of this East VillageClay Corner Ordinance.
The remainder of this page is left blank intentionally.
Exhibit “A” – Page 1 of 2
Exhibit “A”
(Legal Description)
Part of the Southwest Quarter of Section 27, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, being part of a tract of land described in a Trustee’s Deed, recorded as
Instrument number 8905562 and an Affidavit of Survivorship to Georgiann C. Linnemeier, recorded as
Instrument number 200200096470 in the Office of the Recorder of said County, more particularly
described as follows:
COMMENCING at the Northwest corner of said Southwest Quarter; thence South 00 degrees 07 minutes
17 seconds West (basis of bearing = the Secondary Plat of Village of WestClay Section 15002-A, as per
plat thereof recorded as Instrument number 2008025256 in said Recorder’s Office) along the West line of
said Quarter Section a distance of 100.01 feet to the southerly right-of-way line of 131st Street as
described in a Warranty Deed to the City of Carmel, Indiana, recorded as Instrument number 2008005090
in said Recorder’s Office and the POINT OF BEGINNING, the following nine (9) courses are along
said southerly right-of-way lines and the westerly right-of-way lines of Clay Center Road as described in
said Deed; (1) North 89 degrees 10 minutes 04 seconds East 21.42 feet; (2) North 76 degrees 17 minutes
12 seconds East 179.51 feet; (3) North 84 degrees 15 minutes 45 seconds East 175.64 feet; (4) North 89
degrees 09 minutes 42 seconds East parallel with the North line of said Quarter 638.73 feet; (5) South 47
degrees 30 minutes 50 seconds East 114.60 feet; (6) South 22 degrees 01 minute 08 seconds East 223.43
feet to a point on a curve to the right having a radius of 460.00 feet, the radius point of which bears South
67 degrees 58 minutes 52 seconds West; (7) southerly along said curve an arc distance of 170.64 feet to a
point which bears North 89 degrees 14 minutes 08 seconds East from said radius point; (8) South 00
degrees 45 minutes 52 seconds East parallel with the east line of the aforementioned Linnemeier tract
76.19 feet; (9) North 89 degrees 14 minutes 08 seconds East 40.00 feet to said east line; thence South 00
degrees 45 minutes 52 seconds East along said east line a distance of 689.25 feet to the southeast corner
thereof; thence South 89 degrees 10 minutes 11 seconds West along the south line of said tract a distance
of 1,263.83 feet to the southwest corner thereof and a point on the West line of said Southwest Quarter;
thence North 00 degrees 07 minutes 17 seconds East along said West line a distance of 1,164.24 feet to
the Point of Beginning. Containing 33.76 acres, more or less.
ALSO:
Part of the Southeast Quarter of Section 28, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, being part of a tract of land described in a Limited Warranty Deed to East
Village, LLC, recorded as Instrument number 2015049192 in the Office of the Recorder of said County,
more particularly described as follows:
COMMENCING at the Northeast corner of said Southeast Quarter; thence South 00 degrees 07 minutes
17 seconds West (basis of bearing = the Secondary Plat of Village of WestClay Section 15002-A, as per
plat thereof recorded as Instrument number 2008025256 in said Recorder’s Office) along the East line of
said Quarter Section a distance of 170.15 feet to the POINT OF BEGINNING; thence continuing South
00 degrees 07 minutes 17 seconds West along said East line a distance of 449.57 feet to a point on a non-
tangent curve to the right having a radius of 14.00 feet, the radius point of which bears North 16 degrees
43 minutes 23 seconds East; thence along said curve westerly, northwesterly and northerly an arc distance
of 17.93 feet to a point which bears North 89 degrees 52 minutes 43 seconds West from said radius point;
thence North 00 degrees 07 minutes 17 seconds East parallel with said East line a distance of 94.65 feet to
a point on a curve to the left having a radius of 415.00 feet, the radius point of which bears North 89
degrees 52 minutes 43 seconds West; thence northerly and northwesterly along said curve an arc distance
of 276.87 feet to a point which bears North 51 degrees 53 minutes 44 seconds East from said radius point;
thence North 49 degrees 33 minutes 47 seconds East a distance of 130.29 feet to the Point of Beginning.
Containing 0.35 acres, more or less.
Containing 34.11 acres, in all.
2
Exhibit “A”
(Legal Description)
Exhibit “B” 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
Department of Community Services. under Docket # 16060020Z. Below is a reduced version.
Exhibit “C” Page 1 of 4
Exhibit “C”
(Architectural Character Imagery – Area A and Area B Lots)
See included under separate TAB –of Plan Commission Brochure dated August 16, 2016. These
images will be add to ordinance prior to recommendation by Plan Commission.
Exhibit “D” Page 1 of 5
Exhibit “D”
(Architectural Character Imagery – Area C Lots)
See included under separate TAB –of Plan Commission Brochure dated August 16, 2016. These
images will be add to ordinance prior to recommendation by Plan Commission.
Exhibit “DE” Page 1 of 1
Exhibit “E”
(Subdivision Entry/Residential Complex Sign Character Imagery)
ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of
_________________, 2016, by a vote of _______ ayes and ________ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ ____________________________________
Presiding Officer H. Bruce Kimball
___________________________________ ____________________________________
Laura D. Campbell Kevin D. Rider
___________________________________ ____________________________________
Ronald E. Carter Carol Schleif
___________________________________ ____________________________________
Sue Finkam Jeff Worrell
ATTEST:
__________________________________
Christine S. Pauley, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
________________________ 2016, at _______ __.M.
____________________________________
Christine S. Pauley, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2016, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Christine S. Pauley, Clerk-Treasurer
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032.
East Village PUD - PC 080116D 112116