Loading...
HomeMy WebLinkAboutPacket 2-21-06 CARMEL, INDIANA INDIANA LAND DEVELOPMENT CHANGE IN ZONING CLASSIFICATION 20 Acres west side of Shelborne Road, just north of 121 st Street Docket No. 06010005 Z City of Carmel Plan Commission - February 21, 2006 Applicant: Indiana Land Development Corporation Attention: Paul Shoopman Phone: 415-0459 Attorney: Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Telephone: (317) 844-0106 <:i;tfl:T~,~ h.\ \,- ': " ':l" PJ:: ,'\'\ /1 RtCt1'J131 ~ . \;\ \' :\~,~~ \ (J 7~~ '\,\~~Q~,'1"" ". ,.~'/ u u u o o u o u o u o o u o o u U U-1 1 o TABLE OF CONTENTS 1. Explanation 2. Aerial photograph 3. Concept Plan 4. Landscape Plan 5. Tree Preservation Plan 6. Signage/Entry Illustrations 7. Illustrations of Type of Residences 8. PUD Ordinance H:\brad\Indiana Land Dev\Shelbome\TOC-PC 0221 06.doc u u u u u u u u u u o u u u u u u u u Explanation Indiana Land Development is the contract purchaser of approximately 20 acres of real estate located on the west side of Shelborne Road, just north of 121 st Street. The real estate is outlined on the aerial photograph included in this informational brochure. Indiana Land Development has filed a request to change the zoning classification of the real estate, from the S 1 classification, to a PUD District classification to permit the development of the real estate as an upscale residential community. The conceptual plan, included in this informational brochure, allocates the real estate into its 40 single-family residential lots, open space, and internal streets. The custom character of the proposed community is illustrated in the included PUD Ordinance, landscape plan, tree preservation plan, and illustrations of single- family residences. Approximately 18% of the proposed community will be preserved as open space. All of the parks are linked through the . community by sidewalks along the residential streets. A neighborhood park near the entrance greets residents and allows for a large tree preservation area. Additional tree preservation areas are located to the south of the property where they have been incorporated into landscape buffer yards. The proposed community is planned with an access point off of Shelborne road, a connection to the Kendallwood development, and a potential connection to future development to the north of the site. This opportunity for connectivity is key to integrating this neighborhood into the existing community. We look forward to presenting this matter to Plan Commission on February 21, 2006. Respectfully submitted, NELSON & FRANKENBERGER C /......:.:=-= / -;;)-.___A- ~cr- Charles D. Frankenberger H:\brad\Indi8llB Land DevlSbelbomelExplanation PC 0221 06.doc u ~ ~. ~ a B u if ~ u o u u u u II u u u u :=r-E () '" '" . 0, ~ ,--- )f!--r_i -_1',0 ~l'_ ~~ ~ ~"~ ~ ~-,~-,- '''''''-- ~ ~-_.,. Pi! ". "lIC ~ ~~ 'l': ~, Vl I ~~ n m 0 z r , . n OJ I m ~ 0 c )> ;:::c I ( --0 Z ): z m n ;:::c )> ;;0 0 3: m )> 1 Z 0 0 5> Vl z )> - -I m '" .... k .I~ ., "" .. . I -<-:>; ~ r'" ". ....,,~.... ! ") '4. 't I C) I A6ENY GLEN .: ~ z Z + c.n C) ::: =i !:;:; ~m ~ 00 e 1:;~ ;Om lJle ." 3: m Z -l ~ o ~ 8 U U U U U o G W o U U D U U U U U W :~ 0) 01lTE: 02.~1,Ot. DESIGNWIT:llf g~~~o~./~ a:;Jt.....w Pl\O/KT'" l00510J r:ro : ~ : . > "Y-;;'-:::>r,,-:;~-L:- .C-". ; "'L""", ; 0; ; :~ @ . ::. :~ ,r 'c .z :m " ,y,,"',,"- ,;"", " ,'," 'n'~' """ " o @L I ~~~~~:~: ROAD SITE LANDSCAPE PlAN l',:':', , mm " 0: " o " ' , , '--"" / 8; 8; I ~ ,y' m" G , LmdDesign . IlSs.e.,nd..._N.s.....201Ftonklin.TNl1t\H V:'IH~1.7164 F;'.S.S'I,91le _.UndO........... u u u u D u u u u u u u D u w u u U' D o~~. o ~ ~ ~ .. o ~ - 0) DATI: 0201,0)6 OESIGNEDBY;RF g~~~~~~/~G Q.c.SY SCALE;j"oiO' PROjECTt/; 3005103 I~: r:it/ ;., -.iiI ~S i~ ;i a~ ~a . in . , i ~ . . . . 2 ~ H q ! ~ . . 6 . . , ~ ~ n a I . . . I ~ . . i ~ <: . I ~ : p . , . i i i . , ~ . p i ~~i ~~~ ~. ~ CITY OF CARMEL INDIANA SHELBORNE ROAD SITE IJ> Se<ond A..ouo N,S,i[O 201 F..nklm,lN HOM v. 61~,S91,7IH F,61B9I.9718 __l>"dO..~"com LAN DSCAPE PLAN LaOODesign . i , t ":/ i:t.: ~.~ ~! -".--. I ~~ II ~ . I SITE DEVELOPMENT +/. 20.10 ACRES r,!~jdlEFAMIL.'f 40fbfAb '..... !Ii" DEN~ITY '" +1-1.99 DUlAC OPEN SPAC~ '" +!.l10AC :.: "' .... .., ,. Z "' '" .t dDesign . IiIQ IC:::i I:::j c:::t 'At tl:\> !If j '" ~ f s.; "" ~-:-I' $ 'oJ( " >;. HIGH SCHOOL ~-i , ~ j ~ i'ft";':- :d!" '" SHELBORNE ROAD SITE TREE PRESERVATION PLAN - CARMEL, INDIANA ti;;j d t:=J EO t::) ..; ~ r::;; t::J &::::J c:: ~ ~ 01: lJC;,\U" ,'00 I,f,l.. ~ ~f.j '.tx'J H &l c::::: ." ...... .. _,.",-. 'J ENTRY PLAN SCALE: I" = 30' ENTRANCE ELEVATION SCALE: 1/4" = 1'-0" . 'A' IDesign ~ SHELBORNE PUD TYPICAL ENTRANCE C)-=,~c:::o~lI:::lC;::!E()dc:;lt::JCJ&iO'-:~ 02,01 Prepared for: IN D I ^ Lltldl)ll"II"I''' ____:a.__-..a!!t t:= s:::I I::) I Q.) = :.- .. = = = ~= ~ ~ :S~I ~ :.- - ~ ~ ~ 0\ = ~ Q ~ = :.- ~ I i . I : N r- ffI U o ..J z o ~ <( > W -1 W ~ Z o l:t LL o o u u u o [] D D -1] o o o o u o [] o -0 N r-- rf\ v o -1 I ~ -8WI( U: ~ I ~ ~ , ; 0 U 0 U U [] 0 D z 0 \3 I- <C > ~-l W tJ .-J w I- 0 LL W .-J 0 0 0 0 0 U 0 0 j N r- fl) \J D -1 o u o o U :0 D D o /u Q o o o o o U D o z o I- <( > W ..J W l- I I,!) (k:: 01 r- ro \,) a ...J o D o D U '0 'D U U 'U o o o o U D o o o z o \- <( > W -' W v u <( CO , j ~ = - ~ = 0 0 ,.Q ~ ~ ~ ~ J: '"C rJ'l .- zl1 ~~a E 0 ,",,"<3 - ~ > , O~ ~ ~ Z~ ~ = _....l rIJ. 0 ~ 0 - ~ z o \- <C > W -.J ill \- Z o LY LL o o o o o o o o o o o o o o o o D o o If) r- 0' v C\ -1 U) r-- (J' I,) Q .J z o I- <C > W .-l .W l- lL W .-l o o o o o o o o o o o D o o o o o o o .J I I I I z o I- <( > W -! W l- I \!) G::: o o o o D o D o . 0 o o D o o o o o o o I I I I I o o D o o o o o 6 D ~ 0 w u:l 0 ':L ~ 0 o o D o D o o -j .,.-,Jit';o -.- ~- z~ <= .....c.. ~c --;3 Q8 Z] ~..J I' ~", ~\ ;} ~~k~, ~/?i/::l ~ v . 'f\.),:' r \1" - '~:\f c'! ',. - I .t;( """-,: s L~tr~~~. ,C~~' ~~ , t'- \.1 ~c0,. I"f", . . ^ ('-,. \....t .1 ~.y~ ~~. .~A-;1.., t..-:V" - ~ s, ""' V~(,' ~)-.', \"y ~ '-< rY{ '"' --------~J; r L;, fl ! I to !! fi I ~ = - .- = Q Q ~= ~ ~ ~,.s: ._ 00 ~ - - ~ ~ 0\ , I I ~ fi .'1 i J ",..,.,. ~ ~ Q ~ Q - ~ (() ~ tn \J Q -.J z o \- <( > ill ...J ill \- .z o {t lL o o o u o o D D o D o D o o o o o D o . I d) "'t II) \,) 9 z o I- <( >. W -J W l- lL W -J i , i i I o o o o o o o o o o o o o o o o o u u to ~ tf'l U Q .-I z o l- <( > ill -I ill l- I ~ (t o o o u u o u o o lJ D o U o o o o u u , .. . j lO "t m u 9 z o l- <( > w -' w ~ \.) <( co o o o u u u u o o u u [J u u o o o u u ~ -_._---------~-- --~----------- - THE ARMSTRONG ' ,. ~-~ ~----- ~__ - _ _~_ ~ _ . # ~c ,.. f ~ INDIAN. ~ L~~a~:::::.?pment I I \ 91' Wide Lot Proppsal for Shelbourne I 0' OJ V C\ -3 -! ~ I z o I- <( >. w ...J W I- Z o ~ LL u U lJ U U U D LJ U o U o U U U U U U o 0' (() u o -1 1 z o \- <( > W -1 W l- LL W -1 o u u u U D U U o U U U U U U U o U o 0' cO I.) D ..J z o ~ .<( . '> W -l W l- I <n fY o D o U U U D U -0 U o U U U o U U o o i I 1 .!. f-_ 0 (j' u cO 0 U D -l U U U U U z 0 0 - \- <( > U W --.J W ~ U \) <(- (f) U U U D '0 U j U U (JJ = J... ~ = = = ~ ~ II ,...... (JJ (JJ I ..= '"C 00. .~ ~~s - ~ ~ ~ ,...... 0'\ ~ t, rIl = ~ C. i = J... ~ ~ 1 ~ ~ ~ 10 I ~ i -I , . D- B U o U o U D z 2 u -<( ~ 0 W I- U Z o [t D o U o o u o u cO cO cO V Q -l I I EBDDO EB 0 0 01 EB 0 0 Oi EB 0001 EBDDDi ' EBDDO EE 0 0 01 EB 000' o '0 o o '0 o D D o '0 o o u o o u u u o z o J- <: > ill -I ill J- lL ill -I (() (() (() \) Q -I ; I .' I o o LJ o o o D o o '0 o u o u o u ' D o o EEE3 z o .1- <( > W -1 W l- I Q) It z o I- <( > w -' w ~ \J <( (Q o u o D D o :0 D o o o o o D o I o U U o I I I i i I 1 I I ~ ~ - THE BI{AMWELL ~ 91 ' Wide Lot Proposal for Shelbourne 0 l() D f' 0 \) Q 0 -1 0 B3 0 0 0 z 0 0 t- O <( > w D -1 W l- 0 Z 0 [t IL 0 0 0 .0 D 0 0 0 0 0 to J !- 0 \) a 0 ..J D 0 0 D z D 0 r- <( D > W -.J W 0 r- LL W 0 -.J 0 0 0 D 0 0 , D j .1 I cO 5 v Q -I -I .. I i i I I z o I- <. > w --l W l- I \D ()[ I I I I 1 ~ o o o o o o o o o o o o o o o o o o . 0 0 I D to I 'r- , i 0 0 'i V ::1 0 : ..J 0 0 0 0 0 Z 0 0 I- <( D > w -' w 0 ')i \.) <( 0 CO 0 0 0 0 I 0 I 0 j -.- - .... 0 1 III 1 I t I ~ = II - = Ii 0 ~ ~ I ,....... ~ I 1:\ t 0 ~ ! ( \ ~ ,.d ~, I" 00 z~ ~ '" "t:S~-- -"''1....) ~~ .- 0 06 ~~ Z~ -- . = 'II ~ ~ rI1 '1 0'\ 0 I ~ j'! ':' 0 ; . - j ~ o u o u o u u u u u u u o u u o u u u Sponsor: Councilor ORDINANCE NO. PLANNED UNIT DEVELOPMENT DISTRICT 2/9/2006 D U o U U o o u u u u u o o u o o u u TABLE OF CONTENTS AND SCHEDULE OF EXHIBITS TABLE OF CONTENTS Section 1. Aoolicability of Ordinance ................................................................................................. 4 Section 2. Planning Principles. ........ ....... ..... ............. .......... ........ ......... ............. ..................... ............. 4 Section 3. Permitted Primary Uses ..;................................................................................................... 5 Section 4. Street Design and Open Space ........................................................................................... 6 Section 5. Single Fanrily Standards ..................................................................................................... 7 Section 6. Platting.................................. ................................................................................10 Section 7. Approval Process .............................................................................................................. 10 Section 8. Definitions and Rules of Construction ........................................................................10 Section 9. Violations ............ ...... ............ .............. ............. ....... ........... ............... ........................ ...... 13 2 2/9/2006 o u o D U o U U U U U U U o o Ll U U U SCHEDULE OF EXHIBITS A Legal Description of Real Estate B Regulating Plan C Street Standards D Elevations identifying intended architectural style of detached single family residences E Landscape Plan F Tree Preservation Plan 3 2/9/2006 o u o u u u u u u u u u u u u u u u u Sponsor: Councilor ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z-289 (the "Carmel 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 Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the" Ordinance") which establishes a 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-l500 et seq., it adopts this Ordinance, as an amendment to the Carmel Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Ordinance and its exhibits are inapplicable to the use and development of the Real Estate, (iii) all prior commitments pertaining to the Real Estate shall be null and void and replaced and superseded by this Ordinance, and (iv) this Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 Applicability of Ordinance: Section 1.1 The Official Zoning Map of the City of Carmel, a part of the Carmel Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known as Section 1.2 Development in the District shall be governed entirely by (i) the provisions of this Ordinance and its exhibits, and (ii) those provisions of the Carmel Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict between this Ordinance and the Carmel Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance shall apply. Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel Zoning Ordinance in effect on the date of the enactment of this Ordinance. Section 2 Planning Principles: This Ordinance is designed and planned to evoke a sense of community typically found in older neighborhoods by producing a pedestrian-friendly 4 2/9/2006 u u u u u u u u u u o u" u u u u u u u environment, a mix of residential and recreational land uses, and a respect for the natural environment. 2.1 This Ordinance is a comprehensive planning and design development tool intended to insure that the community infrastructure is an integrated system, and will be a guide for the work of land developers, design consultants, builders, and the City in such a way that development, though incremental, does not become fragmented. 2.2 The neighborhood has identifiable nodes that can be small landscape parks, squares, or open space. Community open spaces close to most dwellings create meeting places for residents and children that provide a setting for social interaction. 2.3 The neighborhood is walkable and pedestrian friendly. All neighborhood streets have sidewalks that provide convenient routes to parks and adjacent communities. 2.4 The design of the streets is key to a pedestrian friendly neighborhood design. Streets are shaded by street trees to create an environment that favors the pedestrian and encourages bicycling. Front porches on the homes are permitted to provide an open living room to encourage neighborly conversations and add interest to the street. Section 3 Permitted Primary Uses and Intensities: Permitted uses are defined below: 3.1 Permitted Primary Uses (Residential Uses permitted as listed below) . Detached Single Family Dwellings . Accessory Dwellings . Open Space/Recreational Space 3.2 Residential Densities Permitted . Maximum Gross Residential Density for PUD: 1.99 Dwelling Units 1 Acre - Maximum number of Single Family Homes Permitted: 40 Homes PERMITTED PRIMARY USES & INTENSITIES Gross Site Area +1-20.10 AC Existing Zoning S-1 Residential District (Carmel/Clay Zoning) Proposed Zoning PUD # of Units 40DU Density 1.99 DUI A 5 219/2006 u u u u u u u u u u o u u u u u u U lJ Section 4 Street Design and Open Space. 4.1 Street Design . Public ROW shall be designed in coordination with the City of Carmel Public Works. . Centerline separation of neighborhood streets may be less than 150' with the approval from the City of Carmel Public Works. . All internal neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is considered a traffic calming device and will help promote safe streets for pedestrians. . All streets shall have sidewalks to provide a pedestrian friendly environment with a minimum width of 5' within the public Right-of-Way. . All streets shall meet the design standards in Exhibit C - Neighborhood Street Sections. 4.2 Community Open Space . Community Open Space shall be provided at a minimum of 15% of the gross development area. . Community Park: A community park shall be provided and will include a tot loti playground. . The existing tree canopy of the community is critical to the character and design of the master plan. . Existing trees to be preserved should be protected to the drip line of the tree. Tree protection shall meet or exceed the requirements of the City of Carmel. . Canopy trees shall be planted, as street trees, with a minimum 2.5" Caliper for each 50 feet of park street frontage. Trees to be planted within the right-of-way. . In addition to street trees, community parks shall have four canopy trees with a minimum 2.5" Caliper, or two understory trees with minimum 1.5" Calipers, for every acre of open space. . Landscape beds should be mulched to insure plant survivability and reduce water requirements. 4.3 Community Buffers and Landscape . Attached hereto and incorporated herein by referenced as Exhibit E and Exhibit F are the applicable Landscape Plan and Tree Preservation Plan, respectively. . PUD Buffers provided shall meet or exceed the following requirements: a. 15 foot buffer yard from the edge of the ROW for Shelborne Road. Landscape material to meet 15' Type D Buffer Yard requirements. b. Tree preservation along western edge of property. Existing trees will be preserved in Tree Preserve Area. In thin areas, 6 2/9/2006 u u u u u u u u u u o u u u u u u u buffer will be supplemented as required by City of Carmel Urban forester. c. 10' buffer on southern edge of property. Landscape material to meet 10' Type B Buffer Yard requirments. Section 5 Single Family Standards: Single Family Residential Homes are detached homes on fee simple lots. 5.1 Area Requirements/Minimum Lot Size . Minimum Lot Size for Lots accessed from a public street: 10,200 Sq. Ft. . Detached homes lot lines shall be subject to change from conceptual drawing due to various product type. 5.2 Development Standards . Front Yard Setback: 20' Minimum . Rear Yard Setback to Primary and Accessory Structures: 25' . Side Yard Setback: 5' Minimum . Maximum Lot coverage: 75% . Building Height: 1 to 3 stories, not to exceed 45 feet in height. 5.3 Architectural Standards . Single Family Residential Homes planned for this PUD shall be similar in character to the attached photographs in Exhibit D. . Homes should be simple, with basic elements of construction (columns, porches, doors, rafter tails, windows) serving as ornament. They should be built of materials to stand up over time, to age gracefully, and to withstand the elements: sun, rain, wind, and gravity. . Identical house elevations and f~ade colors may not be located directly next to or across from each other. Alternate elevations may be required to minimize monotones or repeated streetscapes. . Building Walls: 1. Simple configurations and solid craftsmanship are favored over complexity or ostentation. 2. Acceptable Exterior Finishes: Brick, Stone, Wood Siding (or Cementitious Siding, Hardi-Board or equal) 3. All exterior walls will be given equal architectural treatment and design. 4. Building walls in the same plane may be built of no more than four materials and may change material along a horizontal line, with the heavier material below the lighter material. 5. Strong encouragement is given to designs reflecting masonry :first floor with acceptable siding second floors. 6. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. r- U 7 2/9/2006 u u u U Q U o u u o o u .0 u u u U LJ U 7. There shall be at least one (1) window on each floor of each side elevation, excluding gables. 8. At least 50% masonry shall be required on all front elevations of all homes, excluding doors, windows, cantilevered areas, bay windows, and areas which, in the sole determination of the builder, cannot support masonry, such as the living area above the garage or the area above a garage door with a shed roof. . Roofs: 1. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt shingles; metal heavy gauge or galvanized standing seam; tile; slate, artificial slate, and cedar shake. 2. Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch as long as they are not 20% of the total roof area and have a minimum pitch of 4: 12. 3. The minimum roof pitch for all residential homes shall be 5:12 unless otherwise stated. 4. Gutterboard overhangs shall be a minimum of 12 inches. 5. Gable fly rafter overhangs shall be a minimum of 6 inches. 6. No exposed fireplace chimney pipes are allowed. . Window and Doors: 1. Windows and doors shall be square or vertical in proportion. Transoms may be oriented horizontally with panes that match other opening configurations. 2. Exterior shutters are permitted and encouraged. 3. All windows shall have window grills. 4. All entry doors shall be of designer grade. 5. Masonry row lock is required under all windows on the front elevation where a masonry material is the primary f~ade material. 6. All windows and doors shall be framed. . Porches: 1. Porches and stoops are permitted. 2. Columns shall be stylistically consistent with the architecture of the primary structure. 3. Decks shall be located only in rear yards. . Garages, Parking, Driveways, and Sidewalks: 1. Parking shall be provided at two parking spaces per dwelling. 2. Each single family detached residence shall have an attached two car garage to accommodate required parking. 3. All neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is considered a traffic calming device and will help promote safe streets for pedestrians. 8 2/9/2006 10 u u 10 u U' o u u U' U D .0 W. U U U o U 5.4 5.5 4. Minimum garage bay width shall be 20'. 5. Driveway flares shall not cross the side yard property line and will not interfere with the flare from the adjacent lot's driveway. Lots located on a cul-de-sac are excluded, and crossing driveway flares are permitted. 6. The minimum driveway length shall be 20 feet to accommodate quest parking for all residential lots. The 20 feet shall be measured from the right-of-way. 7. All garage doors shall be of Designer Grade. 8. A 3 foot wide minimum sidewalk will be provided at the main entry door of each residence. . Pools: 1. Only in-ground pools are permitted. Above ground hot tubs and spas are permitted. 2. Pool decks may encroach into the side and rear yard setbacks no closer than 5 feet to the property line. 3. Pools shall be screened or fences as required to meet all safety requirements. Landscape Standards . Each lot shall plant two canopy trees, as street trees, with a minimum 2.5" Caliper. Tree to be planted within the right-of-way between the sidewalk and back-of-curb. Tree species to be coordinated by the developer. . Each lot shall plant, in addition to street trees, either one canopy tree with a minimum 2" Caliper, or two understory trees with minimum 1.5" Calipers. Tree species should be appropriate to the climate of the City of Carmel, and the location to should be appropriate to the design of the site and location of the home and site appurtenances. . PUD Buffer and general open space landscape provided shall meet or exceed the requirements noted on Section 4.3. . Landscape beds should be mulched to insure plant survivability and reduce water requirements. . Existing trees to be preserved should be protected to the drip line of the tree and should incorporate City of Carmel standards for protection. . Plant composition should employ a compatible variety of plant types in order to build a pleasant transition from property to property. . All landscape and grassed areas shall be within one hundred (150) feet of a hose bib. Lighting . Exterior lighting may not only serve as a strong design element but can also provide direction and safety. . All landscape lighting shall be of a soft and diffused character used to illuminate landscape planting and pathways instead of building surfaces. 9 2/9/2006 u u o a u u o. ,U u .u' u o ,Q O. U U U o u Section 6. Section 7. 6.1 7.1 . Lighting in general should not be conspicuous when light from light fixture is directly visible. The lamping shall be low wattage and from Dusk to Dawn to prevent sharp contrasts from surrounding areas at night. . Security lighting and flood lighting should be directed inward toward the lot and every effort should be made to prevent light pollution to adjacent properties. Security and flood lighting must utilize 90-degree cut off fixtures to reduce light pollution. Approval Process: Approval or Denial of the Primary PlatlDevelooment Plan. A. Conceptual Plan. Exhibit "B", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "Conceptual Plan"). The Conceptual Plan has been reviewed and approved by the Plan Commission, and constitutes the approved primary plant and, as such, the Developer shall not be required to return to the Plan commission for primary plat approval. B. 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 approved DP and is in conformance with the development requirements of this _ 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. Definitions and Rules of Construction: General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this 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" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. 10 2/9/2006 u u u u U Q o U u ,0 1] ,0 Q D U U U U U 7.2 H. I. J. K. L. M. N. Definitions. In addition to defmed words and terms found in other sections of this Ordinance, the following definitions shall also apply throughout this _ PUD: A. Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. C. ADLS: Architecture, design, exterior lighting, landscaping, and signage. D. Alley: A private street or land providing access to garages through garage doors located in the rear of detached single family homes and/or Townhomes. E. Building: Any structure which is greater than three (3) feet in height, measured from ground level. F. Building Height: The vertical distance from the ground level at the main entrance to the highest ridge point of the roof structure. G. BZA: The City's Board of Zoning Appeals. Caliper: The diameter of the tree trunk measured 6" from the top of the root ball of the tree. City: The City of Carmel, Indiana Commission: The City's Plan Commission. Council: The City's Common Council. County: Hamilton County, Indiana. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. DeveloDment Requirements. Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a Final Development Plan. 11 2/9/2006 u U u o U Q o U o U Q, U o u U' u o u o O. Develol>er. Indiana Land Development Corporation and its successors and asSIgns. P. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include hislher authorized representatives. Q. Homeowners Association. A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of the , and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. R. ODen Space: Defme Open Space to include all pond and common areas and block areas. S. 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, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. T. Right-of-Way: An area of land permanently dedicated to provide light, air and access. U. 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 determining 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. V. .sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. W. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 8. Violations. All violations of this 34.0 of the Carmel Zoning Ordinance. Ordinance shall be subject to Section 12 2/9/2006 u u u 0' U D o U U U U U U U U~ U U U o PASSED by the Common Council of the City of Cannel, Indiana this _ day of , 2006, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Ronald E. Carter, President Pro Tempore BrianD. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Richard L. Sharp ATTEST: Diana L. Cordray, IAMC, Clerk Treasmer Presented by me to the Mayor of the City of Cannel, Indiana the _ day of ,2006, at o'clock .M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Cannel, Indiana, this , 2006, at 0' clock .M. day of ATTEST: James Brainard, Mayor Diana L. Cordray, IAMC, Clerk Treasmer 13 2/9/2006 u o o U D U. o U U U .0 U U o U This Instrument prepared by: Charles D. Frankenberger NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 And By: Greg Gamble Land Design 135 Second Avenue North, Suite 105 Franklin, Tennessee 37064 H:\brad\Indiana Land Dev\Shelbome\PUD 020906.doc r \ U U U o 14 2/9/2006 o u u u U D D o o o I.U o U\ o U o o u u H:\brad\Indiana Land Dev\Shelborne\PUD 020906.doc EXIllBIT "A" Leeal Descriotion 15 2/9/2006