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HomeMy WebLinkAboutPacket 6-6-06 [J D o D D o o D o D o D D U D o o D o SHELBORNE PARCEL 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 Subdivision Committee - June 6, 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 ./ SJO(f v . / c-' ,'.... {fll5l')Fj...'. / <!J)8 t~ _,/ D D o D D D D D o D D D U U U U U U o TABLE OF CONTENTS 1. Explanation 2. Aerial photograph 3. Concept Plan 4. Landscape Plan and Tree Preservation Plan. 5. Neighborhood Alternative Transportation Plan/Trail Plan 6. Park/Tree Preservation Area Plan 7. Signage/Entry Illustrations 8. Conceptual illustrations of types of residences 9. PUD Ordinance H:\bradlZoning & Real Estate Matters\lndiana Land Dev\Shelbome\TOC-SC 060606.doc o u o u u u u u o u u u o u o u o u o EXPLANATION I. GENERAL BACKGROUND Indiana Land Development is the contract purchaser of approximately 20 acres of real estate located on the west side of Shelbome Road, just north of 121st Street. The real estate is outlined on the aerial photograph included in this informational brochnre. Indiana Land Development has filed a request to change the zoning classification of the real estate, from the S I 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 38 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, 1ree preservation pIan, 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. ll. REVISIONS SINCE COMMITTEE OF MARCH 7,2006 During the Subdivision Committee meetings on March 7, 2006, March 30, 2006, and May 4, 2006 many helpful suggestions were received and, in response, the PUD Ordinance was revised as follows; 1. Section 4.1 was revised to require that a pedestrian path be installed within the right-of-way of Shelbome Road, along the neighborhood street frontage; 2. Section 4.1 was revised to provide that: a pedestrian path be installed to connect the cul-de-sac, located in the southeast comer of the neighborhood, to the pedestrian path along Shelbome Road; 3. In Section 5.3, provisions defining custom homes were included; 4. 10. Section 5.3, a pl"ovision was added requiring that chi.mney~ located on the exterior of reside.o.~ are required to extend from the ground to above the eaves, and are also required to have masonry as their exterior building material; 5. In Section 53, design standards for porches were added; 7. In Section 5.3, a provision was added requiring that front-loaded garages be recessed at least three (3) feet from the front elevation of the residence; and 10 U U U U U U U U U [j U o U o U o o D 8. In Section 5.4. a provision was added requiring that all homes have at least ten (10) shrubs. with a minimum height of eighteen (18) inches at the time of pIanting. 9. In order to assure a balance between recreational paths and open space. Section 4.2 of the PUD was revised to include the requirement that the quantity and location of all recreational paths within the community open space will be coordinated with the Department of Community Services to ensure that tree preservation is balanced with recteational paths. 10. Section 5.3 was revised to add the requirement that there be at least two (2) windows per occupiable floor on each elevation. 1 L Section 5.3 was revised to include the requirement that porches be a minimum of six (6) feet in depth. 12. Per suggestions, the trails within the common area have been reeonfigured and simplified. 13. Per suggestions, the streets internal to the proposed community have been made more curvilinear. 14. The number oflots was reduced from 40 to 38. 15. Per suggestions received from the Common Councirs Land Use Annexation and Economic Development Committee, some standards were made more definite, and language deemed soft or superfluous was eliminated. 16. There is greater detail, in the text of the PUD, pertaining to the illustrations of residences. 17. Provisions requiring dusk to dawn lights were added. We look forward to discussing these changes. and receiving the Committee's additional comments, at the meeting scheduled for June 06, 2006. Respectfully submitted, NELSON & FRANKENBERGER CL~__L-.t-~ Charles D. Frankenberger JI;\IlI!NM'-n.a.R:IInlI!llalr;~LIIId~SCotillllD6.doo u o iJ o Q o D ~ Q o U o U o U ~ D U U SHELBORNE RD. 1 -"-..- 2 3 5 6 21 22 : 23 24 25 26 27 I.. 28 \:: 29 I 30 I I i i' I I 4-30:'2006 ~~CJICJ:::Jc:::I::::::JC=-c=JCJ::::Jc:a::::Jc::I~C3=::J==::J=::J u u U 'ii: U U U U U U U U U D U D U .~. () (; I> U 8 ~ .. 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J -I- z () I- <( > W -1 W I- Z () (t LL U D D D D D D U D o . 0 D o LJ o D D D .... . U.. .. c:- eO :z < ..-JI (L z o .- <( > W -1 W ~ I ~ [t D D D o o D o o D o o D D U o D D U -.0 ...; D o o u o D D o D o o o o U D o o o - . . - -~- ~.--: --- - --0 (J' ~ z < ....J 0.. ~ i - z o \- <( > ill ~ ill l- LL ill ~ D D 0' D to Z < -.J D fl. D D D 0 z 0 D - I- <( > D w -.l ~ W ~ 0 '-.) <( (() D 0 U D 0 D D 0 1 - - 10 D o D 10 U D U o o D D D U D D D D D Sponsor: Councilor ORDINANCE NO. SHELBOURNE PLANNED UNIT DEVELOPMENT DISTRICT 5/26/20068:52:33 AM u U D 'U U D , D !D D D D D U U U U U D U TABLE OF CONTENTS AND SCHEDULE OF EXHIBITS TABLE OF CONTENTS Section 1. Applicability of Ordinance... ................................................ .................. ............................4 Section 2. Connectivity............................................................................................... ........................5 Section 3. Permitted Primary Uses ...................... .......................................... ...................................... 5 Section 4. Street Design. Street Sidewalks. and Open Space .............................................................5 Section 5. Single Family Standards........................ ................................................................. ............ 7 Section 6. Approval Process.................................. ................................................................13 Section 7. Definitions and Rules of Construction ............................................................................13 Section 8 . Violations ....................................................................................................................... .15 2 U D U U U U o 'D D U IU D U U U U U o U SCHEDULE OF EXHIBITS A Legal Description of Real Estate B Conceptual Plan C Street Standards D Elevations identifying character of detached single family residences E Landscape Plan F Tree Preservation Plan G Neighborhood Alternative Transportation Plan / Trail Plan H ParklTree Preservation Area Plan 3 IU 10 u u U D D o 'D D ID D U 'U U U o ID D 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. S 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 S36-7-4-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", attached hereto and made a part hereof (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. 4 u u u U iU o o D 10 u u I u U IU u u u u u Section 2 Connectivity: Connectivity is a key element to the pedestrian-friendly neighborhood design. This design will be achieved through incorporation of Carmel's Alternative Transportation Plan. Specifically, the Developer shall install a 10' -wide perimeter bicycle and pedestrian trail along Shelborne Road and connecting to a trail in the park/tree preservation area as shown on Exhibit "G" attached hereto and made a part hereof (the "Neighborhood Alternative Transportation Plan / Trail Plan"). Section 3 Permitted Primary Uses and Intensities: Permitted uses and intensities are defined below and as shown on Exhibit "B", attached hereto and made a part hereof (the "Conceptual Plan") : 3.1 Permitted Primary Uses (Residential Uses permitted as listed below) A. Detached Single Family Dwellings B. Accessory Dwellings C. Open Space/Recreational Space 3.2 Residential Densities Permitted A. Maximum Gross Residential Density for PUD: 1.9 Dwelling Units / Acre B. Maximum number of Single Family Homes Permitted: 38 Homes PERMITTED PRIMARY USES & INTENSITIES Gross Site Area +/-20.1 0 AC Existing Zoning S-l Residential District (Carmel/Clay Zoning) Proposed Zoning PUD # of Units 38DU Density 1.9 DU/A Section 4 Street Design. Street Sidewalks and Open Space. 4.1 Street Design A. Public Right-of Way ("ROW") shall be designed in coordination with the City of Carmel Public Works. B. Centerline separation of neighborhood streets shall be a minimum of 150 feet. c. All internal neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is 5 IU 'U U U IU U U IU U ID U U U 4.2 IU u u u u u considered a traffic calming device and will help promote safe streets for pedestrians. D. All streets shall have sidewalks with a minimum width of 5 feet located within the public ROWand that meet the requirements of the City of Carmel's Alternative Transportation Plan to provide a pedestrian friendly environment within the neighborhood. E. All streets shall meet the design standards in Exhibit "C", attached hereto and made a part hereof ("Street Standards"). F. A ten (10) foot-wide asphalt bicycle and pedestrian path shall be installed within the ROW of Shelborne Road along the neighborhood's street frontage. G. The ten (10) foot-wide asphalt bicycle and pedestrian path along Shelborne Road shall be connected to the cul-de-sac to the southeastern comer of the neighborhood. Community Open Space and Street Trees A. Community Open Space shall be provided at a minimum of 15% of the gross development area. B. Community Open Space has been designed to aggregate the majority of the open space in one area of the neighborhood to encourage interaction among neighbors and provide a "destination" for recreation. C. ParklTree Preservation Area: A park/tree preservation area shall be provided and will include a tot loti playground, all as shown on Exhibit "H", attached hereto and made a part hereof (the "Park/Tree Preservation Area Plan"). D. Existing trees to be preserved shall be protected to the drip line of the tree. Tree protection shall meet or exceed the requirements of the City of Carmel. E. In addition to street trees, the community park shall have four canopy trees with a minimum 2.5" Caliper, or two understory trees with minimum 1.5" Calipers, for all areas not already occupied by existing trees. G. Landscape beds shall be mulched to insure plant survivability and reduce water requirements. H. The quantity and location of all recreational paths within the Community Open Space shall be coordinated with the Department of Community 6 'u- , I U U Services to ensure that tree preservation is balanced with the recreational paths. 4.3 Community Buffers and Landscape IU A. Attached hereto and incorporated herein by referenced as Exhibit "E" and Exhibit "F" are the applicable Landscape Plan and Tree Preservation Plan, respectively. u u o u u u u u u u u U IU U U B. PUD Buffers provided shall meet or exceed the following requirements: 1. A 15-foot buffer yard shall exist along the edge of the ROW of Shelborne Road. Landscape material shall meet the City of Carmel's 15- foot Type D Buffer Yard requirements. 2. The tree preservation requirements as shown on the Tree Preservation Plan. 3. A 10- foot buffer shall exist on the southern edge of the Real Estate. Landscape material shall meet the City of Carmel's lO-foot Type B Buffer Yard requirements. Section 5 Single Family Standards: Single Family Residential Homes are detached homes on fee simple lots. 5.1 Area Requirements/Minimum Lot Size A. Minimum Lot Size for Lots accessed from a public street: 11,500 Sq. Ft. B. Lot lines shall be subject to change from Conceptual Plan due to various product type. 5.2 Development Standards A. Front Yard Setback: 25' Minimum B. Rear Yard Setback to Primary and Accessory Structures: 25' C. Side Yard Setback: 5' Minimum D. Maximum Lot coverage: 60% E. Building Height: Not to exceed 35 feet in height. 5.3 Architectural Standards 7 I iU U o U U U U U U U :u u u U IU U U U U A. Attached hereto and incorporated herein by reference as Exhibit D are illustrations/examples (the "Illustrations") of the types of residences intended to be constructed on the Real Estate. The actual residences constructed on the Real Estate may not be identical to the Illustrations; however, the actual residences constructed on the Real Estate shall be similar in character to the Illustrations and shall possess the quantity of architectural features and quality represented by the Illustrations. B. In the event that there is an architectural requirement stated in the text of this Ordinance that is not shown on the Illustrations, the architectural requirement stated in the text of this Ordinance will nonetheless be mandated for the home. C. Identical house elevations and fa9ade colors shall not be located directly next to or across from each other. Alternate elevations shall be required to minimize monotones or repeated streetscapes. D. All residences within the neighborhood shall be "Custom Homes" as further defined in Section 5.3(E) below. E. Custom Homes: 1. All residences constructed within the neighborhood shall be stick- built on-site (excluding any panelized or prefabricated roof trusses). 2. The initial homebuyer constructing a residence within the neighborhood shall have input on the design of the residence and the option of moving load-bearing walls when appropriate. 3. All residences constructed within the neighborhood shall be built by a building company whose primary business is the construction of custom homes that builds one hundred (100) homes or less each year in the greater Indianapolis area. Such building company may be part of a subsidiary of a larger homebuilding company, whether production or otherwise. F. Building Walls: 1. Acceptable Exterior Finishes: Brick, Stone, Wood Siding (or Cementitious Siding, or equal) and/or EIFS. 2. All chimneys located on the exterior of the residences shall extend from the ground to above the eaves and shall have masonry masonry as their exterior building material. All chimneys which 8 r I LJ U lJ U 'u u o IU U iU U U U IU u u u u u protrude from inside the residences shall have EIFS as their exterior building material(s). 3. Building walls in the same plane shall be built of no more than threematerials and shall change material along a horizontal line, with the heavier material below the lighter material. 4. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. 5. At least 50% masonry shall be required on all front elevations of all homes, excluding doors, windows, cantilevered areas, bay windows, and areas which cannot reasonably support masonry, such as the living area above the garage or the area above a garage door with a shed roof. G. Roofs: 1. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt shingles; 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 6:12 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. H. 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. All windows shall have window grills. 3. All windows shall be framed with a 1 x 4 trim wrap. 4. There shall be a minimum of two (2) windows per each occupiable floor on each elevation, excluding gables, unless the elevation is 9 u u u U 10 U u u 'U U IU U IU U U U u u u one-and-a-half stories, in which case it will be a requirement to put windows on gables. Windows on garages shall also count toward this requirement. For example: If a residence has two windows on the side elevation of a garage, those windows shall count toward the minimum number of windows required on the side elevation. 5. All entry doors shall be of designer grade. 6. Masonry rowlock is required under all windows on the front elevation where a masonry material is the primary fayade material. 7. All windows and doors shall be framed. 8. All front entry doors will be at a minimum of 3' wide. 9. All exterior patio doors will be at a minimum of 3' wide. 10. The door between the house and the garage will be 2'8" wide. 11. All hallways will be no less than 3' wide. I. Porches: 1. Front porches shall be consistent in material and architectural design with that of the residence itself. 2. Columns shall be stylistically consistent with the architecture of the primary structure. 3. Porches must be trimmed appropriately. 4. Porch posts, columns and/or supports will be decorative in design and will serve as structural support as necessary for the overall design of the residence. 5. Decks shall be located only in rear yards. 6. Porches shall be a minimum depth of six (6) feet. J. 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. 10 U IU iU U iU U !U U U U ILJ U U U U U U U U 5.4 3. All neighborhood streets shall accommodate informal on-street parking. 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. 9. Side-load and courtyard garages shall be permitted for residences. Front-load garages shall also be permitted for residences; provided, however, that the garage door itself is recessed at least 3 feet from the front elevation of the residence, or if there is a front porch, the front elevation of the porch. At least 25% of all garages shall not be front-load garages. K. 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. The Declaration shall provide that all pools shall be screened with landscaping or fences to provide a buffer between residences and as otherwise required to meet all safety requirements. Landscape Standards A. There shall be two (2) canopy trees on each lot, as street trees, with a minimum 2.5" Caliper. Installation of street trees within the right-of-way of each lot shall be the responsibility of the builder of the residence on such lot, and the Declaration of Covenants shall provide that the owner of such lot shall be responsible for the maintenance and replacement of such street trees located within the right-of-way of such lot. Tree to be planted 11 I 1 W u 'U. i U 1 \ U U IU U o U u u u u u u u u u 5.5 within the right-of-way between the sidewalk and back-of-curb. Tree species to be coordinated by the Developer. B. In addition to street trees, either one canopy tree with a minimum 2.5" Caliper, or two understory trees with minimum 1.5" Calipers shall be planted on each lot. C. There shall be a minimum of 14 shrubs on each lot, with a minimum height of 18 inches at the time of planting and a minimum of one (1) tree with a minimum Caliper of 2.5" to be installed in the backyard of each residential home. Installation of such landscaping shall be the responsibility of the builder of the residence on such lot, and the Declaration of Covenants shall provide that the owner of such lot shall be responsible for the maintenance and replacement of such landscaping and that the owner may not at any time reduce the amount of landscaping specified in this Ordinance. D. Buffers and general open space landscape provided shall meet or exceed the requirements noted on Section 4.3. E. Landscape beds shall be mulched to insure plant survivability and reduce water requirements. F. Existing trees to be preserved shall be protected to the drip line of the tree and shall incorporate City of Carmel standards for protection. G. Plant composition shall employ a compatible variety of plant types in order to build a pleasant transition from property to property. H. All landscape and grassed areas shall be within one hundred fifty (150) feet of a hose bib. Lighting A. All landscape lighting shall be of a soft and diffused character used to illuminate landscape planting and pathways instead of building surfaces. B. Lighting in general shall 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. C. Security lighting and flood lighting shall be directed inward toward the lot and must utilize 90-degree cut off fixtures to reduce light pollution. D. The exterior of each residence shall have at least (2) dusk-to-dawn lights, with one (1) such light located on each side ofthe garage door(s). 12 u u u u 11 ~.J' Section 6. u u u o u 6.1 u u lu u U IU IU U U Section 7. 7.1 E. The Declaration of Covenants shall provide that street lights may be installed by Developer in the utility easements on lots and in the common areas, and such street lights shall be operated and maintained by the Association; provided, however, that the Association reserves the right to remove street lights deemed no longer necessary by the Board of Directors. Approval Process: Approval or Denial of the Primary PlatJDevelopment 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. 13 u U 7.2 U' U 1-' U U U [j U U 1 ' W 0 U U U U U U IU Definitions. In addition to defined 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. H. Caliper: The diameter of the tree trunk measured 6" from the top of the root ball of the tree. I. City: The City of Carmel, Indiana. J. Commission: The City's Plan Commission. K. Council: The City's Common Council. L. County: Hamilton County, Indiana. M. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be prepared and recorded by the Developer with the Office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. N. Development Requirements. Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a Final Development Plan. 14 u U 10 U [I WI U Ie, U U U IU u lJ i 'j W O. Developer. 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 his/her 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. Open Space: Define Open Space to include all pond and common areas and block areas. S. Right-of- Way: An area ofland permanently dedicated to provide light, air and access. T. 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. u. 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. V. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 8. Violations. All violations of this 34.0 ofthe Carmel Zoning Ordinance. Ordinance shall be subject to Section u u u u u u 15 'u '1 U u PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2006, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL u u U IU U U U U lJ U U U U U U U Presiding Officer Kevin Kirby Ronald E. Carter, President Pro Tempore Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Richard L. Sharp ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the , 2006, at 0' clock .M. day of Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this ,2006, at o'clock .M. day of J ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 16 u u IU u u 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 IU U !U U U U H:\brad\Zoning & Real Estate Matters\lndiana Land Dev\Shelborne\PUD - Shelborne - SC 060606.doc u IU U U '\ U U 17 u 10 U U U U U EXHIBIT" A" Lee:al Description 'l U U U U Il ~ U H:lbrad\Zoning & Real Estate Mattersllndiana Land DevlShelbomelPUD - Shelbome - SC 060606.doc .-] W U U U U U U 18