HomeMy WebLinkAboutPUD Ordinance_Drafted 02-04-21
Sponsors: Councilor _________
CARMEL, INDIANA
Albany Village
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-20
February 4, 2020
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions and Rules of Construction .......................................................................... 4
Section 3. Accessory Buildings and Uses ....................................................................................... 6
Section 4. Development Standards .................................................................................................. 6
Section 5. Common Area Requirements ......................................................................................9
Section 6. Landscaping Requirements ..........................................................................................9
Section 7. Signage Requirements ...............................................................................................13
Section 8. Additional Requirements and Standards ...................................................................... 13
Section 9. Procedural Provisions ...............................................................................................15
Section 10. Controlling Developer’s Consent .............................................................................15
Section 11. Violations and Enforcement .....................................................................................16
Section 12. Exhibits .....................................................................................................................16
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery – Single Family Dwellings
Exhibit D Architectural Character Imagery – Two-family Dwellings
Exhibit E Architectural Standards – Single Family Dwellings
Exhibit F Architectural Standards – Two-family Dwellings
Exhibit G Perimeter Planting Character Imagery
Note: All of the above Exhibits (A-G) are attached to this Albany Village Ordinance, are
incorporated by reference into this Albany Village Ordinance and are part of this Albany Village
Ordinance.
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Sponsors: Councilor __________
ORDINANCE Z-___-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE ALBANY VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Albany Village Planned Unit Development District Ordinance (the
“Albany Village PUD”). The Ordinance would rezone the real estate from S-1 Residential to a
Planned Unit Development district allowing the future development of a residential
neighborhood laid out in the style and character as depicted on the attached Concept Plan which
includes single-family and two-family homes.
WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance,
Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit
Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the
“PUD Statute”); and
WHEREAS, Logan Group, LLC (“Logan”), submitted an application to the Carmel Plan
Commission (the “Plan Commission”) to adopt a PUD District Ordinance for certain real estate
in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached
hereto (the “Real Estate”); and
WHEREAS, Logan’s application is consistent with the provisions of the UDO and PUD
Statute; and
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
UDO, the Plan Commission conducted a public hearing on November 17, 2020 concerning
Logan’s application for a PUD District Ordinance, which application was docketed as PZ-2020-
00155 PUD; and
WHEREAS, the Plan Commission, at its hearing on ________, 2020, has given a
_____________ recommendation to this Albany Village PUD (the “Albany Village Ordinance”),
which establishes the Albany Village Planned Unit Development District (the “Albany Village
District”).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts
this Albany Village Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or
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parts thereof inconsistent with any provision of this Albany Village 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 Albany Village Ordinance; and, (iv) this Albany Village 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 Albany Village District.
Section 1.2 Development in the Albany Village District shall be governed entirely by
(i) the provisions of this Albany Village Ordinance and its exhibits, and (ii) those
provisions of the UDO specifically referenced in this Albany Village Ordinance. Where
this Albany Village Ordinance is silent, the applicable standards of the UDO shall apply.
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 Albany Village 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 Albany Village Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Albany Village Ordinance and not defined below in this Section 2.2, shall
be the same as set forth in the UDO.
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: The area identified as “Area A” on the Concept Plan.
Area B Lots: The area identified as “Area B” on the Concept Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as Exhibit C (Architectural Character Imagery – Single Family
Dwellings), and Exhibit D (Architectural Character Imagery – Two-family
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Dwellings), 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 shall 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
Exhibit E (Architectural Standards – Single Family Dwellings) and Exhibit F
(Architectural Standards – Two-family Dwellings).
Building: A structure having a roof supported by columns and walls, for shelter,
support, or a Dwelling.
City: Shall mean 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. Common Areas do not include any area which is divided into
individual Dwelling lots or streets. Common Areas shall be in the areas generally
identified on the Concept Plan.
Concept Plan: The general plan for the development of the Real Estate, including
but not limited to lots, streets and common areas attached hereto as Exhibit B
(Concept Plan).
Controlling Developer: Shall mean Logan Group, LLC or the owner of the Real
Estate at the time of adoption of the Albany Village Ordinance, until such time as
Logan Group, LLC or the owner 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
may be prepared and recorded by the Controlling Developer in its discretion in
the office of the Recorder of Hamilton County, Indiana, and which may, from
time to time, be amended.
Development Requirements: Written development standards and any written
requirements specified in this Albany Village Ordinance, which must be satisfied
in connection with the approval of a Primary or Secondary Plat and Building
Permits.
Dwelling: A detached single-family residence or one unit in a two-family
dwelling building.
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
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Plan Commission: The City of Carmel Plan Commission.
Primary Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Setback, Minimum: The minimum setback a dwelling shall be from the property
line. Stoops, steps, landings, and decks/balconies may encroach into the required
Minimum Front Yard Setback by a maximum of three (3) feet.
Sign: Any type of sign as further defined and regulated by this Albany Village
Ordinance and the UDO.
Unified Development Ordinance (or “UDO”): The Unified Development
Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County,
Indiana, as amended.
Zone Map: The City’s official Zone Map corresponding to the UDO.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the
Albany Village 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. Accessory Structures and Accessory Uses shall be permitted subject to
the provisions of the UDO.
Section 4. Development Standards.
Section 4.1 Permitted Uses:
A. Area A: Single-family Dwellings
B. Area B: Single-family Dwellings and Two-family Dwellings
C. Common Areas.
D. Model Home(s).
E. There shall be no more than eighty-two (82) Dwellings permitted within the
Real Estate.
Section 4.2 Bulk Requirements:
A. Area A Lots:
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1. Minimum Lot Area: Ten Thousand, eight hundred (10,800) square
feet. Lots adjacent to the east perimeter of the Real Estate shall be a
minimum of twelve thousand (12,000) square feet.
2. Minimum Lot Width at Building Line: Eighty (80) feet.
3. Minimum Lot Width at Right of Way: Fifty (50) feet.
4. Minimum Front Yard Setback: Twenty-five (25) feet.
5. Minimum Side Yard Setback: Five (5) feet.
6. Minimum Rear Yard Setback: Twenty (20) feet.
7. Maximum Lot Coverage: Sixty (60) 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.
11. Fifty (50) percent of the Lots shall require a dwelling which includes a
side-load garage. A minimum of five (5) of the Lots along the east
perimeter of the Real Estate south of the street connection to Tallyns
Ridge shall include a side-load garage.
B. Area B Lots (applicable to each Dwelling Lot):
1. Minimum Lot Area: Four Thousand, Five Hundred (4,500) square feet.
2. Minimum Lot Width at Building Line: Forty-two (42) feet.
3. Minimum Lot Width at Right of Way: Thirty (30) feet.
4. Minimum Front Yard Setback: Twenty (20) feet.
5. Minimum Side Yard Setback: Five (5) feet applied to the building.
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6. Minimum Rear Yard Setback: Twenty (20) feet.
7. Maximum Lot Coverage: Seventy (70) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum square footage per Dwelling (exclusive of porches, terraces,
and garages): One thousand, three-hundred and fifty (1,350) square
feet.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this
Albany Village Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Albany
Village Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8
of this Albany Village Ordinance.
Section 4.6 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 – Single Family
Dwellings) and Exhibit D (Architectural Character Imagery – Two-family
Dwellings).
B. Dwelling Architecture:
1. All Single Family Dwellings shall be constructed in compliance
with the architectural standards included within Exhibit E
(Architectural Standards – Single Family Dwellings).
2. All Two-family Dwellings shall be constructed in compliance with
the architectural standards included within Exhibit F
(Architectural Standards – Two-family Dwellings).
Section 4.7 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.
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Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way) shall be
provided at the subdivision street intersection with Shelborne Road and at internal street
intersections and shall be reviewed by the City.
Section 4.9 Parking:
A. Four (4) spaces per Dwelling are required.
B. Parking Spaces (i) within driveways including tandem spaces adjacent to
garages, (ii) within garages, and (iii) on-street parking shall count toward
required parking.
C. Driveways designed to permit parking 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 a sidewalk or alley.
D. Driveways shall be concrete, stamped concrete, brick, porous concrete, or
stone or pervious pavers. Asphalt driveways shall not be permitted.
Section 5. Common Area Requirements. Common Area shall be in the areas generally
identified on the Concept Plan.
Section 5.1 A minimum of eight and seven-tenths (8.7) acres (approximately twenty-
five (25) percent), of the District, shall be allocated to Common Area.
Section 5.2 Common area shall be provided as generally depicted on the Concept
Plan.
Section 5.2 Fountains shall be provided in the locations as generally depicted on the
Concept Plan.
Section 6. Landscaping Requirements. 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
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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 a minimum of 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. All landscaping approved as part of a 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.
D. 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.
E. 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 Albany Village Ordinance, to ensure
proper maintenance of landscaping in accordance with the Albany Village
Ordinance. This maintenance is to include, but is not limited to (i)
mowing, tree trimming, planting, maintenance contracting 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 Landscaping.
1. A minimum twenty-five (25) foot wide perimeter landscaping area
shall be provided along the 146th Street and Shelborne Road
perimeter of the Real Estate. Character imagery is included in
Exhibit G (Perimeter Planting Imagery).
2. Eight (8) shade or evergreen trees, two (2) ornamental trees, and
ten (10) shrubs (per 100 linear feet) shall be provided within the
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perimeter landscaping area along the 146th Street and Shelborne
Road perimeter of the Real Estate. A minimum of five (5) of the
trees (per 100 linear feet) required along Shelborne Road shall be
evergreen trees of a spruce variety.
3. A minimum ten (10) foot tree preservation easement shall be
provided along the east and south perimeter of the Real Estate as
illustrated on the Concept Plan.
4. No perimeter buffering internal to the Real Estate shall be required
between individual parcels within the Albany Village 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 fifty (50) 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. Single Family Dwellings:
a. All lots shall be required to plant two (2) shade trees in the
front yard. Corner lots shall install two (2) shade trees per
side facing a street.
b. 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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c. All lots shall be required to plant one (1) shade tree or one
(1) ornamental tree in the rear yard or adjacent common
area where interior lots are separated by common area.
d. In addition to Section 6.2,C.1.c above each lot adjacent to
the east perimeter of the Real Estate (Tallyns Ridge) shall
be required to plant two (2) Evergreen Trees and one (1)
Shade Tree resulting in a total of four (4) trees in the rear
yards in addition to the preservation of the existing tree line
within a Tree Preservation Area along the shared property
line.
2. Two-family Dwellings:
a. Lots shall be required to plant a minimum of: one (1) Shade
Tree in the front yard, and one (1) Ornamental Tree in the
front or side yard.
b. Foundation Shrubs: Eight (8) Shrubs on each Dwelling Lot
shall be required. A minimum of four (4) shrubs shall be
located in the Front Yard.
c. Each Dwelling on a Corner Lot shall have one (1)
additional tree (either shade or ornamental) in either Front
Yards.
d. The area between the driveways of a two-family dwelling
shall be grass.
e. Eight (8) shrubs shall be installed in alternating front yards
to create a hedge in the front yard of adjacent two-family
dwellings. The shrubs shall be setback a minimum of five
(5) feet from the Street right-of-way.
f. A mixture of three (3) additional Shade or Ornamental
Trees shall be required along the rear of each yard of each
two-family dwelling to help define the adjacent Common
Areas. These trees may be installed on the subject Lot or in
the adjacent Common Area as generally illustrated on the
Concept Plan.
3. Foundation and Lot plantings shall be installed by the builder at
the time a Dwelling is constructed on the Lot(s).
D. Storm Water Retention Ponds. The primary landscaping materials used
adjacent to ponds shall be native aquatic shoreline species, trees, shrubs,
ground covers, and ornamental grasses appropriately sited for a natural
rather than engineered appearance utilizing primarily native plants. A
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sedge meadow mixture will be established within the first 5 feet of the
permanent pool around the entire perimeter the pond. This vegetation will
detract geese by providing a natural cover for common predators and will
also act as a filter buffer between the pond and individual lots.
E. Common Areas:
1. The primary landscaping materials used within common areas including
the pipeline easement as illustrated on the Concept Plan shall be native
wildflower plantings. These plantings are in addition to Storm Water
Retention Pond and Perimeter Landscaping.
2. Smaller common areas along the pipeline easement and subdivision
entrance shall be planted with additional trees and shrubs as generally
illustrated on the Concept Plan including, but not limited to, areas
adjacent to benches, bike racks, and paths.
3. The Common Area Inspection Standards of Section 7.20(D) of the UDO
shall apply.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with the
UDO as amended.
Section 8. Additional Requirements and Standards.
Section 8.1. Home Occupations. Home Occupations shall meet the requirements of the
UDO as amended.
Section 8.2. Right-of-way widths.
A. The required right-of-way for the 146th Street frontage road shall be the
existing right-of-way.
B. The half right-of-way width for Shelborne Road shall be forty-five (45)
feet.
C. The configuration of vehicular access into the Real Estate shall be
provided as illustrated on the Concept Plan. No vehicular access shall be
permitted from the 146th Street frontage road.
Section 8.3. Sidewalks and Pedestrian Amenities:
A. A five (5) foot wide sidewalk shall be required (i) along both sides of all
internal streets, and (ii) connecting the cul-de-sac with the crosswalk
located along the 146th Street frontage road as depicted on the Concept
Plan.
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B. A ten (10) foot path shall be required (i) along Shelborne Road and (ii)
connecting the crosswalk along the frontage road to the path within the
frontage road right-of-way adjacent to Tallyns Ridge.
C. A minimum six (6) foot width internal pedestrian path shall be required
along the pipeline easement. This path may meander along the easement
subject to the approval of the easement holder.
D. Internal paths as shown on the Concept Plan may be asphalt or crushed
limestone subject to approval by the Alternative Transportation
Coordinator.
E. The existing multi-use path along the south side of 146th Street shall be
connected to the internal path network via a striped crosswalk at the
northeast corner of the Real Estate as illustrated on the Concept Plan.
F. The internal path network is proposed to be connected to the future park
site on the west side of Shelborne Road via a crosswalk as generally
illustrated on the Concept Plan. Design and construction of this crosswalk
shall be subject to a mutually agreed upon park impact fee agreement
between the Controlling Developer and Carmel Clay Parks.
G. Internal pedestrian paths and sidewalks shall be as generally illustrated on
the Concept Plan and provide connectivity between Albany Place to the
south and Tallyns Ridge to the east of the Real Estate. All internal
pedestrian paths shall be located in pedestrian access easements open to
use by the general public. In the event the path connecting into Albany
Place can’t be attached to the Path in Albany Place the path shall be
extended east, along the south perimeter of the Real Estate, to the sidewalk
as the street connection with Albany Place.
H. A minimum of six (6) benches and one (1) bicycle parking area shall be
provided in the locations as generally illustrated on the Concept Plan.
Section 8.4. Road Improvement Requirements. Development of the Real Estate shall
meet all applicable Thoroughfare Plan related improvement requirements as identified in
and required under the UDO unless otherwise provided for in this Albany Village
Ordinance for only the street connections to the Albany Place Subdivision and Tallyns
Ridge Subdivision as shown on the Concept Plan.
Section 8.5. Declaration of Covenants and Owners Association. Declarations of
Covenants, if any, may 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.
Section 8.6. Lot Maintenance for two-family Dwelling Lots:
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A. All lots including two-family dwellings shall be subject to a required
landscape maintenance program including mulching, edging, fertilization,
mowing, weeding of beds, and fall clean up.
B. All lots including two-family dwellings shall be subject to a required snow
removal program.
Section 9. Procedural Provisions.
Section 9.1. Primary Plat.
A. Primary Plat (“PP”) approval shall be required prior to the issuance of an
Improvement Location Permit to determine if the PP satisfies the
Development Requirements specified within only this Albany Village
Ordinance.
B. The Real Estate shall be developed in substantial compliance with the
Concept Plan hereby incorporated and attached as Exhibit B subject to
Primary Plat approval by the Plan Commission. Substantial
compliance shall be regulated in the same manner as the “substantially
or materially altered” provisions of the UDO.
C. If there is a Substantial Alteration in any approved PP, review and
approval of the amended plans shall be made by the Plan Commission, or
a Committee thereof, pursuant to the Plan Commission’s rules of
procedure. Minor Alterations shall be approved by the Director.
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
Primary Plat and is in conformance with the Development Requirements of this Albany
Village 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 Plan Commission.
Section 9.3. Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to
the requirements of the UDO. A wavier of the provisions of this Albany Village
Ordinance may be granted up to a maximum of thirty-five (35) percent of the specified
standard.
Section 9.4. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the Albany Village Ordinance, subject to the procedures
prescribed in the UDO.
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
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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;
D. 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 Albany Village
Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Albany
Village Ordinance shall be subject to the requirements of the UDO.
Section 12. Exhibits. All of the Exhibits (A-G) on the following pages are attached to this
Albany Village Ordinance, are incorporated by reference into this Albany Village Ordinance and
are part of this Albany Village Ordinance.
Exhibit “A” – Page 1 of 2
Exhibit “A”
(Legal Description)
A part of the Northwest Quarter of the Northwest Quarter of Section 20, Township 18 North,
Range 3 East, Clay Township, Hamilton County, Indiana, being a part of the William Lamb
property described in Instrument Number 2018037539 in the Recorders Office of Hamilton
County, Indian and being described as follows:
Beginning at the Northeast corner of a tract of real estate conveyed to Hamilton County, Indiana,
as described in Instrument Number 2018037540, said point being along the North line of said
Quarter section, North 89 degrees 36 minutes 02 seconds East, 513.36 feet, from the Northwest
corner of said Northwest Quarter, marked by a Harrison monument; thence continue along said
North line, North 89 degrees 36 minutes 02 seconds East 811.71 feet to the Northeast corner of
said Quarter-Quarter section, also being the Northwest corner of Tallyn’s Ridge subdivision as
per plat thereof recorded in Instrument Number 2016048354; thence along the west line of said
subdivision and east line of said quarter-quarter, South 00 degrees 04 minutes 02 seconds West,
1314.83 feet to a capped rebar at the Southeast corner of said quarter-quarter (said point also
being the Southwest corner of said Tallyn’s Ridge and the Northeast corner of Albany Place
Section 2 as per plat thereof recorded as Instrument Number 2018050330 in said Recorders
office); thence along the South line of said quarter-quarter section(and north line of said Albany
Place Section 2 and the North line of Haskell property described in Instrument Number
9427730), South 89 degrees 36 minutes 47 seconds West, 1325.57 feet to a point on the West
line of said Northwest Quarter; Also being Southwest corner of said quarter-quarter section
thence along said West line, North 00 degrees, 05 minutes 20 seconds East, 789.55 feet to the
Southwest corner of said Hamilton County property; thence along the Eastern boundary thereof
the following nine (9) courses: 1) South 89 degrees 53 minutes 48 seconds East, 10.87 feet, 2)
North 68 degrees 36 minutes 20 seconds East, 67.78 feet to a point of curvature of a non-tangent
curve to the left, having a radius of 205.00 feet and subtended by a long chord having a bearing
of North 69 degrees 33 minutes 03 seconds East, 155.69 feet; 3) thence along said curve an arc
distance of 159.70 feet; 4) North 33 degrees 39 minutes 10 seconds East, 65.23 feet to a point of
curvature of a curve to the left having a radius of 200.00 feet and subtended by a long chord
having a bearing of North 14 degrees 27 minutes 47 seconds East, 98.72 feet; 5) thence along
said curve an arc distance of 99.75 feet; 6) North 00 degrees 10 minutes 32 seconds East, 144.07
feet to a point of a tangent curve to the right, having a radius of 110.00 feet and subtended by a
long chord of North 44 degrees 53 minutes 18 seconds East, 154.78 feet, 7) thence along said
curve an arc distance of 171.68 feet; 8) North 89 degrees 31 minutes 43 seconds East, 124.14
feet; 9) North 00 degrees 23 minutes 13 seconds West, 44.84 feet to the Point of Beginning,
containing 36.649 acres more or less.
Exhibit “A” – Page 2 of 2
Exhibit “A”
(Legal Description)
Exhibit “B” Page 1 of 1
Exhibit “B”
(Concept Plan)
Exhibit “C” Page 1 of 3
Exhibit “C”
(Architectural Character Imagery – Single Family Dwellings)
Exhibit “C” Page 2 of 3
Exhibit “C”
(Architectural Character Imagery – Single Family Dwellings)
Exhibit “C” Page 3 of 3
Exhibit “C”
(Architectural Character Imagery – Single Family Dwellings)
Exhibit “D” Page 1 of 6
Exhibit “D”
(Architectural Character Imagery – Two-family Dwellings)
Exhibit “D” – Page 2 of 6
Exhibit “D”
(Architectural Character Imagery – Two-family Dwellings)
Exhibit “D” – Page 3 of 6
Exhibit “D”
(Architectural Character Imagery – Two-family Dwellings)
Exhibit “D” – Page 4 of 6
Exhibit “D”
(Architectural Character Imagery – Two-family Dwellings)
Exhibit “D” – Page 5 of 6
Exhibit “D”
(Architectural Character Imagery – Two-family Dwellings)
Exhibit “D” – Page 6 of 6
Exhibit “D”
(Architectural Character Imagery – Two-family Dwellings)
Exhibit “E” Page 1 of 4
Exhibit “E”
(Architectural Standards – Single Family Dwellings)
The standards set forth below in this Exhibit E Architectural Standards – Single Family
Dwellings apply to all Single Family Dwellings on the Real Estate.
Section 1. Dwelling Design:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be
permitted siding materials subject to the following provisions:
1. A brick or stone masonry wainscot (a minimum of 2’0” from the top of the
exposed foundation) shall be provided, at a minimum, on all elevations. In
general, the masonry wainscot will extend to the level of the bottom of the first
floor windows.
2. Brick or stone masonry shall be provided, at a minimum, on fifty (50) percent of
the front elevation. A maximum of fifteen (15) homes may provide less brick or
stone masonry on the front elevation provided the home still complies with
Section 1.A.1 above which requires a minimum brick or stone masonry wainscot
on all elevations. For the purposes of administering this requirement the front
façade shall be the elevation including the front door of the Dwelling.
3. Cementitious Board shall not be permitted in the required wainscot area.
4. EIFS, Vinyl and aluminum siding shall be prohibited.
5. The same materials shall be used on the front and side of the dwelling. All
materials shall not be required to be used but shall comply with the standards
above in this Section 1.A.
B. Building Scale and Massing: Dwellings shall not feature long, unbroken expanses of
wall. This may be accomplished by including, but not limited to, any of the following
features:
1. Variations in height and depth,
2. Windows and door openings,
3. Changes in roof line or height,
4. Details and trim appropriate to the style and mass of the building,
5. Use of different materials, textures, and material placement,
6. Placement of landscaping materials and street furniture,
Exhibit “E” Page 2 of 4
7. Balconies, recessed entries, and covered porches, and
8. Bays and towers.
C. Required Window Openings:
1. Minimum Number:
a. A minimum of two (2) windows per façade (elevation) per floor shall be
provided.
b. A minimum of three (3) windows per side façade facing a street or
common area shall be provided for corner lots and lots where the side yard
is adjacent to a common area.
c. In order to meet this requirement, each individual window, or set of
contiguous windows, must be a minimum of nine (9) square feet. A door
on the side of a Dwelling may substitute for one (1) window on the same
side of the Dwelling.
2. Habitable rooms, such as bedrooms and living rooms, shall have operable
windows with screens to take advantage of natural cross-ventilation.
3. All windows shall be fully framed including a sill and cornice frame unless the
window is surrounded by Masonry material.
4. Shutters, where provided, shall be duly functional with all necessary hardware or
shall be provided with adequate hardware to make them appear functional.
5. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted
metal.
D. Garage Type:
1. All garages shall be attached to the Dwelling.
2. All garages shall be designed as an integral part of the architecture of the
dwelling, with regards to materials, trim, and detail.
3. Garage doors shall have raised panels or other decorative panels (e.g., window
panels, carriage style panels, and decorative hardware).
E. Chimneys: Brick or stone masonry, only and extended fully to ground provided,
however, that chimneys which protrude from inside the Dwelling may also have
cementitious board and/or synthetic stucco as their exterior building material. Direct
Exhibit “E” Page 3 of 4
vent gas fireplaces are not required to have chimneys, but if they do, they cannot be
shed style or cantilevered chimneys.
F. Porches and Entryways:
1. Twenty (20) percent of all dwellings in Area A will include a front porch.
2. Porches shall be a minimum of five (5) feet deep.
3. Porches and/or entryways shall be delineated by elements such as pilasters,
sidelights, columns, railings, etc.
G. Roofline:
1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12 (horizontal
units). Secondary roofs (e.g. porches, bays, garages, dormers) may have a lower
pitch.
2. The Primary Roof shall have at least an eleven inch (11”) overhang after
installation of siding or an eight inch (8”) overhang after installation of brick or
stone masonry. This measurement shall not include gutters.
4. All Dwellings’ roofs shall include architectural-grade dimensional shingles,
however, cedar shake roofing or slate like roofing shall be a permitted alternative.
Three-tab shingles are not permitted.
5. If dormers are used, at least one (1) window or decorative louver per dormer is
required. Dormers and gables must have details such as attic bands, windows,
and/or decorative attic vents.
Section 2. Fences: Fences are permitted on individual Lots and shall not be chain-link, coated
chain-link or wood. Fences and/or walls shall not be permitted in the twenty-foot
buffer along 146th Street or Shelborne Road without Administrative ADLS approval
which may be granted for a Subdivision Entry Sign.
Section 3. Lot Lighting: All Single Family Dwellings shall have light fixtures flanking the
garage door and equipped with a photo cell so the light is on from dusk to dawn.
(continued on next page)
Exhibit “E” Page 4 of 4
Section 4. Monotony Mitigation:
A. Front Façades: The same 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.
B. 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.
C. Exterior Masonry Color: No two side by side homes on contiguous lots shall have
the same masonry color.
Exhibit “F” Page 1 of 3
Exhibit “F”
(Architectural Standards – Two-family Dwellings)
The standards set forth below in this Exhibit F Architectural Standards – Two-family Dwellings
apply to all Two-family Dwellings on the Real Estate.
Section 1. Dwelling Design:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be
permitted siding materials. Vinyl shutters, aluminum facia, aluminum soffits,
aluminum downspouts/gutters shall be permitted.
1. A brick or stone masonry wainscot (a minimum of 2’0” from the top of the
exposed foundation) shall be provided, at a minimum, on all elevations.
In general, the masonry wainscot will extend to the level of the bottom of
the first floor windows.
B. Minimum Overhang: The primary/main roof overhang or eaves shall be a
minimum of eleven (11) inches on all facades of each Building, as measured
prior to the installation of any Masonry Materials.
C. Garages:
1. All Dwellings shall have a minimum two (2) car attached garage.
2. The front of the garages on a minimum of seventy-five (75) percent of the
attached dwellings shall be offset from one another by a minimum of eight
(8) feet.
3. In order to vary the appearance of garage doors and create street curb
appeal, garage door designs shall include a mix and variety of design
elements. A minimum of two (2) basic garage door styles (with windows,
without windows, and mixed) matching the door style shall be utilized and
a variety of color packages will be utilized. Garage door colors shall
match or compliment either the siding or trim color of the Dwelling.
4. All garage doors shall have trim of not less than six-inch (6”) nominal
width.
D. Roof Pitch: The minimum primary/main roof pitch shall be 6:12. Other
secondary accent roof planes shall not be less than 5:12.
E. Front Building Façade Requirements: At a minimum, each Dwelling shall
utilize the following architectural elements on the Front Building Façade:
Exhibit “F” Page 2 of 3
1. The exterior Building Materials shall consist of Masonry Material and two
(2) of the following materials: composite trim, composite veneer panels,
horizontal siding, shake siding, and board and batten siding.
2. All windows shall have either (i) shutters with trim board sill and cornice
or (i) a nominal four-inch (4”) trim board on all sides.
3. A minimum of two (2) six-inch (6”) offsets or one (1) four-foot (4’) offset
which is a minimum height equivalent to one-story (exclusive of windows,
doors, garages, and other openings).
4. The roof design shall consist of at least one (1) of the following features:
hip roof, dormer, Dutch hip, jerkinhead, shed roof accent, cornice returns,
multiple gables, or two (2) or more roof planes.
5. The primary/main roof plane between the individual attached units shall
be offset.
F. Side Building Façade Requirements: At a minimum, the side elevation for
each Dwelling shall utilize the following architectural elements:
1. The exterior Building Materials (composite trim, composite veneer panels,
horizontal siding, shake siding, and board and batten siding) provided on
front elevation of the Dwelling shall be used on the side elevations as
generally illustrated in Exhibit D to coordinate the gable treatments on the
side elevation with the front elevation.
2. A minimum of two (2) windows shall apply to each exterior side
elevation. In the case of a finished second level / half level one (1)
additional window shall be required on the subject side elevation.
3. All windows shall have a minimum four-inch (4”) nominal width trim.
G. Rear Building Façade Requirements: At a minimum, the Rear Building
Façade for each Dwelling shall utilize the following architectural elements:
1. The exterior Building Materials (composite trim, composite veneer panels,
horizontal siding, shake siding, and board and batten siding) provided on
front elevation of the Dwelling shall be used on the rear elevation of the
Dwelling as generally illustrated in Exhibit D. Application of this
standard shall coordinate added gables and/or dormers as generally
illustrated with materials which coordinate with the front elevation
detailing.
2. All dwellings shall include an integrated/covered or extended/covered
patio area.
Exhibit “F” Page 3 of 3
3. A minimum of three (3) windows and a patio door shall apply to each
Dwelling.
4. All windows shall have a minimum four inches (4”) nominal width trim.
H. Windows: All windows which include shutters, where provided, shall be duly
functional with all necessary hardware or shall be provided with adequate
hardware to make them appear functional.
I. Lot Lighting: All Two-family Dwellings shall have light fixtures flanking the
garage door and equipped with a photo cell so the light is on from dusk to
dawn.
Section 2. Monotony Mitigation:
A. No two side by side Two-family Dwelling buildings on contiguous Lots on
the same side of the street or the Lot most directly across the street shall have
the same elevation or exterior color package.
B. Both units of a two-family dwelling shall have the same color siding and
masonry color but each unit shall require a different front elevation
architectural design.
C. Masonry color shall be varied and a minimum of three (3) masonry colors
shall be used.
D. An exterior color package shall be established for the dwellings, an example
of which is provide on Page 5 of 6 of Exhibit D, which may vary from the
example.
Exhibit “G” Page 1 of 1
Exhibit “G”
(Perimeter Planting Character Imagery)
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of
________, 2020, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Laura D. Campbell, President Sue Finkam, Vice-President
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________
2020, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________
2020, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
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.
Albany Village PUD L 020421.doc