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HomeMy WebLinkAboutZ-448-04 As Amended Brownstone Homes at Guilford Reserve PUDSponsor: Councilor Sharp ORDINANCE NO. Z-448-04 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE BROWNSTONE HOMES AT GUILFORD RESERVE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements ofI.C. § 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Brownstone Homes Ordinance") which establishes the Brownstone Homes at Guilford Reserve Planned Unit Development District (the "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., it adopts this Brownstone Homes Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (n) all prior commitments shall be null and void and replaced and superseded by this Brown,, Brownstone Homes Ordinance shall be in full force and signing by the Mayor. Section 1 Applicability of Ordinance: Section 1.1 The Official Zoning Map of the Cit of the Carmel/Clay Zoning Ordinance, is hereby c in Exhibit "A" (the "Real Estate"), as a Planned as the Brownstone Homes at Guilford Reserve. Section 1.2 Development in the District provisions of this Brownstone Homes Ordina provisions of the Carmel/Clay Zoning Ordin: Ione Homes Ordinance, and (iii)this effect from and after its passage and of Carmel and Clay Township, a part ianged to designate the land described nit Development District to be known ill be governed entirely by (i)the ace and its exhibits, and (ii)those race specifically referenced in this Brownstone Homes Ordinance. In the event of a conflict between this Brownstone Homes Ordinance and the Carmel/Clay Zoning )rdinance or the Sign Ordinance, the provisions of this Brownstone Homes Ordinance ,iall apply. Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect ~)n the date of the enactment of this Brownstone Homes Ordinance. Section 2 Permitted Primary Uses: Permitted uses are condominiums and/or multi-family dwelling units. Section 3 Accessory Buildings and Uses: All Accessory Structures and Accessory Uses shall be permitted except that any detached accessory building shown in any development plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite dishes shall be permitted. Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the area requirements set forth below in Section 6, and the creation of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified below in Section 6 for the entirety of the Real Estate. However, the development of any parcel shall conform to all Preliminary Development Plans and Final Development Plans which are approved or amended per the terms of Section 14.1 below, and all other applicable requirements contained in this Brownstone Homes Ordinance. Section 6 Height, Area and Square Footage Requirements: Section 6.1 (35) feet. Maximum Building Height: The maximum Building Height is thirty-five Section 6.2 Minimum Building Set Back: The Minimum Set Back from the perimeter boundary line of the Real Estate contiguous with Guilford Avenue shall be fifteen (15) feet, and along the north property line of the Real Estate the Minimum Set Back shall be fifteen (15) feet, along the south property line of the Real Estate the Minimum Set Back shall be fifteen (15) feet, and along the east property line of the Real Estate, the Minimum Set Back shall be twenty (20) feet. Section 6.3 Minimum Building Separation. The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be forty (40) feet. Section 6.4 Maximum Parcel Coverage. Density and Square Footage: A. Maximum Parcel Coverage shall be twenty-five percent (25%). There shall be a maximum of forty-eight (48) Townhomes on approximately five (5) acres. Section 6.5 Maximum Number of Buildings. There shall be no more than (i) eleven (11) Townhome Buildings located upon the Real Estate and (ii) one (1) community mailbox structure. Section 7. Architectural Design Requirements: Suitability of building materials: A minimum of four (4) materials shall be used for Building exteriors, from the following list: brick, cast stone, stone, Hardi- Plank, glass, wood soffits, and vinyl clad windows and/or the equivalents thereof for all of the foregoing. The use of wood and Hardi-Plank shall be limited to Trim. Roof design: All roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 8 vertical. Building rendering and elevations: Attached hereto and incorporated herein by reference as Exhibit "B" are a rendering and elevations, depicting the building materials and architectural elements of the Buildings to be constructed upon the Real Estate. i Community mail box structure: Attached hereto and incorporated herein by reference as Exhibit "C" is a rendering of th~ community mail box structure. Section 8 Landscaping Requirements: Section 8.1 Landscape Plan: The Landscape plan shall consist of the landscape detail depicted on the landscape plan which is attached hereto as .Exhibit "D" (hereafter "Landscape Plan"). Landscaping shall be installed per the Landscape Plan. Section 8.2 Landscaping Standards: Materials: Alt plants proposed t0 be used in accordance with any landscaping plan shall meet the following spemficatmns: Shade trees: a minimum trunk diameter of 2 inches measured at breast height, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than ½ of tree height. Ornamental trees: a minimmn trunk diameter of 1½ inches ~d ~ breas~t height, and a minimum height of six (6) feet. Shrubs: shrubs may be deb~duous or evergreen, and shall be eighteen (18) inches in height ht planting. 4. Evergreen Trees: shall be six feet (6') in height at planting. Section 8.3 Landscaping Installation and Maintenance: Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and lake areas approved in accordance with this Brownstone Homes Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 8.4 Tree Preservation: Existing trees identified on the Existing Tree Preservation Plan attached hereto and incorporated herein by reference as Exhibit "E" shall not be removed from the Real Estate except as follows: A. As is necessary to clear underbrush and dead trees; As is necessary for the installation of access easements, rights-of-way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and C. As necessary for public health and safety. Section 8.5 Split Rail Fence: In the area identified on Exhibit "D", Developer will install a three board split rail fence, without mesh, approximately forty-eight (48) inches in height, and the highest of the three (3) horizontal rails of the fence shall be approximately four (4) feet above grade. The fence shall be repaired and maintained by the Homeowners Association. Section 9 Lighting Requirements: Section 9.1. Front of Townhome lighting: 1. Each Townhome having a covered porch at the front entrance shall have one (1) period fixture light hanging from the ceiling of the covered porch. The light shall be as depicted on Exhibit "Fl" as item no. 8994-61. Each Townhome which does not have a covered porch at the front entrance shall have two (2) period fixture lights mounted on either side of the front door. The lights shall be as depicted on Exhibit "Fl" as item no. 8990-61. Rear of Townhome lighting: E~ .ch Townhome shall have two (2) exterior ~:ade coach lights mounted on eithe~ side of the overhead garage door, each one activated by a dusk-Io-dawn sensor. The lights shall be as depicted on Exhibit "Fl" as item no. 8990-61. Section 10 Signs Section 10.1. A. Section 11 Rear Porch Lighting: Each To' light mounted on only one side as depicted on Exhibit "F2" as il Parking Lot Lighting: The p lighting as depicted on what is ~ reference as Exhibit "G". Ground Signs and Entry Wall. Type: Two (2) Crround/Entr, entrance of the development a~ on Exhibit "H,, which is atta reference. Two (2) entry wall (15) feet in length, as depicted c herein by reference as Exhibit "l B. Maximum Sign Area: Twenty-t C. Illumination of Sign: External. D. Sign Permit: Required. E. Fees: Required. Parking vnhOme shall have one (1) period fixture fthe sliding glass door. The light shall be sm no. 8997-61. ~rking lot for each Building shall have ttached hereto and incorporated herein by way Signs shall be permitted near the acebt to Guilford Avenue, as is depicted :hed hereto and incorporated herein by ; arb permitted, neither to exceed fifteen a what is attached hereto and incorporated )ur (24) square feet each. Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage and, in addition, there shall be thirty-six (36) external parking spaces, as depicted on what is attached hereto and incorporated herein by re ferehCe as Exhibit 'T'. Section 11.2 Additional Parking: At the rec Association established by the Developer, the land banked open spaces into additional pm "future parking spaces" on what is attached as Exhibit 'T'. 5 test of the Developer or the Homeowners Director may approve the conversion of krug areas, which areas are depicted as ~reto and incorporated herein by reference Section 12 Mechanical Equipment Section 12.1 Mechanical Equipment: Any me:hanical equipment visible from an adjoining street or highway shall be screened with )uitable fencing or landscaping and in general be architecturally compatible with the building(s) with which it is associated. Section 13 Homeowners Association and Declaration of Covenants Section 13.1 Declaration of Covenants and Homeowners Association: The Developer shall prepare and record a Declaration of Covenants which shall also contain various provisions regarding the Real Estate as determined by the Developer, including, without limitation, provisions for mandatory assessments and maintenance of common areas. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. Section 14. Approval Process: Section 14.1. Approval or Denial of the Primary Plat/Development Plan. Exhibit 'T', which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP"). The CP has been reviewed and approved by the Plan Commission. The CP constitutes the Development Plan and primary plat for the Real Estate. The architecture, design, lighting and landscaping for the Real Estate and the improvements thereon, considered in connection with the Brownstone Homes Ordinance, do not require any further (i) ADLS approval or (ii) Development Plan/primary plat approval other than Final Development Plan approval per the procedure set forth below in this Section 14. If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure2 Minor Alterations and Material Alterations may be approved by the Director. The Director shall have the sole and exclusive authority to approve without conditions, approve with ~onditions, or disapprove the Final Development Plans/Secondary Pla~s (collectively, the "FDP") for the Brownstone Homes at Guilford Reserve provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the FDP that is in substantial Conformance with the CP and is in conformance with the Development Requirements of this Brownstone Homes Ordinance. If the Director disapproves any FDP, the Director shall set forth in writing the basis for the for approval of the FDP for a hearin 6 disapproval and schedule the request before the full Plan Commission. An amendment to the FDP, which i~ not determined by the Director to be a substantial or material alteration from the approved CP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there h~s been a Substantial Alteration or Material Alteration between the approved CP and any proposed FDP, the Director may, at the Director's discretion, refer the amended FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. The FDP shall be a specific plan for!the development of all or a portion of the real estate that is submitted foriapproval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information. Section 15 Definitions and Rules of Construction: Section 15.1 General Rules of Construction. The )llowing general rules of construction and definitions shall apply to the regulations of this, Ordinance: future the present. The singular number includes the p! ~ral and the plural the singular, unless the context clearly indicates the contrary. Words used in the present tense inclhde the past and future tenses, and the The word "shall" is a mandatory permissive requirement. The word Section 15.2 Definitions. A. Accessory Structure: A structure sr :equirement. The word "may" is a should" is a preferred requirement. bordinate to a building or use located on the Real Estate which is not used !for permanent human occupancy. Accessory Use: A use subordinatelto the main use, located on the Real Estate or in the same building as th~ main use, and incidental to the main use. Building Height: The vertical distance from the ground level at the main entrance to the highest ridge point o~' the roof structure. City: The CityofCarmel, Indiana. Commission: The Carmel/Clay Plan Commission. Council: The City Council of the Ctty of Carmel, Indiana. Count,/: Hamilton County, Indiana. Declaration of Covenants: A Decl Restrictions for the Real Estate whk Recorder of Hamilton County, India ~ration of Covenants, Conditions and shall be recorded in the office of the aa, and which may, from time to time, be amended. Plan, Conceptual. A general plan for the development of the Real Estate that is submitted for approval shoring proposed facilities, buildings, and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and buildipg locations. Development Plan, Final. A specific plan for the development of the Real Estate that is submitted for apProval showing proposed facilities, buildings, and structures. This plan review includes general landscaping, parking, drainage, erosion contrOl, signage, lighting, screening and building information for the site. Development Requirements. iDevelopment standards and any requirements specified in this Brov~nstone Homes Ordinance which must be satisfied in connection with the approval of a Final Development Plan. Developer. Crawford Development, iLLC and its successors and assigns. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. Homeowners Association. A nonProfit corporation established for the promotion of the health, safety and welfare of the residents of the Brownstone Homes at Guilford Reserve, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. Material Alteration: Any change !o an approved plan of any type that involves the substitution of one material, species, element, etc. for another. .Minor Alteration: Any change tO an approved plan of any type that involves the revision of less than teh percent (10%) of the plan's total area or approved materials. : Parcel Coverage: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, excludin~ fences and walls not attached in any 8 way to a roof, divided by the total horizontal area within the Real Estate boundaries. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". Right-of-Way: An area of land permanently dedicated to provide light, air and access. Set Back: The least measured distance between a building or structure, excluding, however, porches, patios, and the perimeter boundary of the Real Estate. For purposes of determmmg Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. Sign: Any type of sign as further d~fined and regulated by this Ordinance and the Sign Ordinance for Carmel}Clay Township, Ordinance Z-196, as amended. Substantial Alteration: Any change Ito involves the revision of ten percent or approved materials. Townhome: An attached townhom family. an approved plan of any type that 10%) or more of the plan's total area intended for occupancy by a single X. Townhome Building: A structure containing Townhomes. Y. Trim: Soffits, architraves, wood re windows. Section 16. Violations. All violations of this B~ subject to Section 34.0 of the Carmel/Clay Zoning zeals, and casement around doors and ownstone Homes Ordinance shall be )rdinance. PASSED by the Common Council of the City r Carmel, Indiana this ~'JJ? day of (//'l/l . ,2004, by a vote of ~ ayes an{ ~') nays. ~~COM"MON COUNCIL FOR THE CITY~~OF CARME ~,'Ronald E.~~sident Pro Tempore Br/)'~ p. 1 lay,o-x mred/~ck J' ~-'(~-_., ~ ~'~</ ~/ose~Griffiths '// Richard [.. Sharp ~ ) sented by me to the Mayor~o,f the City ofl Carmel, Indiana theoa-o~' day of J~ ,2004, at ' ~;b~_d ~'clock~2) .M. Di Treasurer ~,tpproved by me, Mayor of tth~ City of C~, Indiana, this (~ day of ~ Lc, k0~ , 2004, at ,~0.'! o'clock~.M. ~es Bra~ard, Mayor ATTEST: Diana ~IAMc, Cl~er easurer This Instrument prepared by: Charles D. Frankenberger NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 10 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON TIlE PETITION OF CRAWFORD DEVELOPMENT, LLC TO REZONE A PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF GUILFORD ROAD, BETWEEN 116TM STREET AND CARMEL DRIVE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-448-04 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Comrrdssion offers you the following report on the application (Docket No. 040010024 Z) of Crawford Development, LLC petitioning the Commission for a favorable recommendation to rezone a property generally located on the east side of Guilford Rd, between 116th St and Carmel Dr from the B-6/Business D/strict designation to the PUD/Planned Unit Development Zoning designation: The Carmel/Clay Plan CommSssion's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting on April 20, 2004, the Carmel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-448-04 with a Favorable Recommendation, subject to a recorded cornm/tment. Please be advised that by virtue of the Plau Commission's Favorable Recommendation, pursuant to IC 36-7- 4-608(0(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification (April 23, 2004) is Thursday, July 22, 2004. AT'ST: ~ / Ramona Hancock, Secretary Carmel Plan Commission Dated: April 23, 2004 2004-0423; Z-448-04; Guilford I~es~rve Rezone Certification -Leo D~rckman, P~esident//~-~