HomeMy WebLinkAboutZ-491-06 DEFEATED/Fortune PUD
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ORDINANCE NO.z:.491-06
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Sponsor: . Colincnor Mark RattemlaDD
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e ~'Commission;')has;givena favorable.'
e"Fortune Ordlniuu:ihwhich establishes i1:
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ciarZoning Map oftheqityofCarmel;l!"p~rt()ftlie~qnni.:rZoning .
ce,..ierellnh~ged'toq~signate.~e.landdes()r~~din.E~hibit "A"i(t11e"Real
as .PlamledUiiitDevelopirll:nt:Districttobekno~asFortime. ..... .
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evelopment' ih:the ,bistric! sh!ll1lJe..govemed:enti~IYb)'.:(i)tl111.i1Jr6~isions pfthis .
Qrdinance.and its.e)(hibits,. and.:.(U) thoseproyisio~sof.the,canneizoning
Ordi ce specifically rcfcrcnced intJjisFort~e Orilina:hcedntheevent o[aconflict
be .cen this Fortune Ordinlll1ce and the Carmel Zonfpg(jrdinance of.' the Sign
o uinance, the.provisions of this Fortune Ordinanceshall;applr.'
1.3 Any. capitalized term not defined herein.shallihave.themClll1irig./lSselfdrthintl1e;
Carmel Zoning .()rdihllnce in eff~di Olr ihedate' ofthe;enactment:llfifiisEol"fune
Ordinance. .' .
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.8ection2 .. PlanJ1inIl.Princioles: This Fortune Ol'dinarice is designed andplanJ1edto evoke.a
sense of community typically fdundin oli.1er neighborhoods .by producingapedeslrian-fTiendly
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environment, a mix of residential and recreational land uses, and a respect for the natural
environment.
2.1 This Fortune 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 Neighborhood Parks: 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 Pedestrian Connectivity: The neighborhood is designed for walkable and
pedestrian friendly connections within the community and to adjacent
communities. All neighborhood streets have sidewalks that provide convenient
routes to parks. Sidewalks and park trails connect to The Villages of West Clay
commercial center and its residential neighborhoods through parks or along
. neighborhood streets. Sidewalk connections to 13I't street and 126th street
provide for walkable routes to and along these major roadways.
2.4 Streets: 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.
2.5 Parking: Where possible, garages and driveways are located off of an Alley at
the rear of the lot to limit garages on the front of the homes and limit the number
of drives from the streets. Guest parking is accommodated in all driveways to
both town homes and single family homes.
2.6 Neighborhood Association: A neighborhood association will be established by
the developer to provide quality assurance of the community's amenities and
homes as the community matures.
Section 3 Permitted Primary Uses and Intensities: Permitted uses are defined below:
3.1 Sub Area A Permitted Primary Uses (Residential Uses permitted as listed below)
A. Attached Town Homes
B. Accessory Dwellings
3.2 Sub Area B Permitted Primary Uses (Residential Uses permitted as listed below)
A. Detached Single Family Dwellings
B. Accessory Dwellings
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3.3 Residential Densities Permitted
A. Maximum Overall Gross Residential Density: 2.99 Dwelling Units / Acre
Subarea A: +/-7.81 acres total
- Maximum number of Town Home Units Permitted: 38 Homes
Subarea B: +/-35.76 acres total
- Maximum number of Single Family Homes Permitted: 92 Homes
PERMITTED PRIMARY USES & INTENSITIES
Existing Zoning S-1 Residential District (Carmel/Clay Zoning)
Proposed Zoning PUD
Gross Site Area: +/-43.6 AC
SUB AREA A # of Units 38DU
Area +/-7.81 AC
SUB AREA B # of Units 92DU
Area +/-35.76 AC
TOTAL AREA # of Units 130DU
Density 2.99 DU/A
Section 4
Street Design and Ooen Soace.
4.1
Street Design
A. Public ROW shall be designed in coordination with the City of Carmel
Public Works.
B. 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.
C. All streets shall have sidewalks to provide a pedestrian friendly
environment with a minimum width of 5' within the public Right-of-Way.
D. All streets shall meet the design standards in Exhibit B - Neighborhood
Street Sections.
4.2 Community Open Space
A. Community Open Space shall be provided at a minimum of 15% of the
gross development area.
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B. Community Park: A community park shall be provided and will include
two (2) of the following: (to be determined by the developer)
1. Tennis court
2. Playground area
3. Volleyball court
4. Basketball court
C. The existing tree canopy of the community is critical to the character and
design of the master plan.
D. 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.
E. 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.
F. 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.
G. Landscape beds should be mulched to insure plant survivability and
reduce water requirements.
4.3 Community Buffers and Landscape
A. Attached hereto and incorporated herein by reference as Exhibit C and
Exhibit D are the applicable Landscape Plan and Tree Preservation Plan,
respectively.
B. Buffers provided shall meet or exceed the following requirements:
1. Sub Area A.
a. 25 foot buffer yard from the edge of the ROW for 13151 street
(per the Clay Township Thoroughfare Plan).
b. Buffer between proposed townhomes and Villages of West
Clay Commercial: 10 foot buffer yard along the eastern
property line (allowed to overlap 2 feet into the alley
easement). This buffer, behind the proposed townhomes, shall
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Section 5
be planted with a continuous row of evergreen trees, located 20
feet on center, with a minimum height of 8 feet at the time of
planting. The buffer shall not be required if buffer
requirements are currently in place for The Villages of West
Clay along this edge.
2. Sub Area B
a. 10 foot buffer yard along the eastern property line (allowed to
overlap 2 feet into the alley easement).
b. 10 foot buffer yard along the western property line.
c. 20 foot buffer yard located north of the 126th Street ROW (per
the Clay Township Thoroughfare Plan). Overlap into the
drainage and sanitary easements to the north are permitted.
B. No landscape buffer is required between different home types or uses
within the Real Estate or between similar and/or like uses of adjacent
properties.
Single Familv Standards - Sub Area B:
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: 6000 Sq. Ft.
B. Minimum Lot Size for Lots accessed from an Alley: 5500 Sq. Ft.
C. Detached homes lot lines are subject to change from conceptual drawing
due to various product type.
5.2 Lot Standards
A. Front Yard Setback: 20' Minimum
. B. Rear Yard Setback to Primary and Accessory Structures: 20' minimum.
C. Garage Setback:
1. Garages access from the street: 20' min.
2. For Alley Accessed Lots. with parking permitted in driveway:
Minimum 20 feet from rear property line.
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3. For Alley Accessed Lots without parking permitted in driveway:
Minimum 20'.
D. Side Yard Setback: 5' Minimum
E. Porches and Stoops may extend into the front yard setback by up to seven
(7) feet from the property line, but shall not encroach on any utility
easement.
F. Minimum Building Square Footage:
1. Lots between 50 feet and 61 feet in width: 1800 SF minimum
2. Lots greater than 61 feet in width: 1950 SF minimum
G. Maximum Lot coverage: 75%
H. Building Height: 1 to 3 stories, not to exceed 40 feet in height.
5.3 Architectural Standards
A. Single Family Residential Homes planned for this Fortune Ordinance shall
be similar in character to (i) the photographs and renderings attached
hereto and incorporated herein by reference as Exhibit E, for 61' lots, and
(ii) the renderings attached hereto and incorporated herein by reference as
Exhibit F, for 51 ' lots.
B. 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.
C. Identical house elevations and fayade colors may not be located directly
next to or across from each other. Alternate elevations may be required to
minimize monotones or repeated streetscapes.
D. Building Walls:
I. Simple configurations and solid craftsmanship are favored over
complexity or ostentation.
2. Acceptable Exterior Finishes: Brick, Wood Siding (or
Cementitious Siding, Hardi-Board or equal), Stone, or Cedar.
3. All exterior walls will be given equal architectural treatment and
design.
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4. Building walls in the same plane may be built of no more than
three 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.
7. There shall be at least one (I) window on each floor of each side
elevation, excluding gables.
E. Roofs:
I. Acceptable materials: Architectural grade, dimensional
fiberglass/asphalt shingles; metal heavy gauge or galvanized
standing seam; tile; slate, artificial slate, and cedar shake.
2. The minimum roof pitch for all residential homes shall be 5:12
unless otherwise stated.
3. 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.
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.
7. There shall be a minimum of two (2) windows per each occupiable
floor on each elevation, excluding gables, unless the elevation is
one-and-a-halfstories, 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
F. Window and Doors:
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I. Windows and doors should 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. Exterior shutters are permitted and encouraged.
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.
G. Porches:
I. 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.
4. Porches must be trimmed appropriately.
5. 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.
6. Porches should be a minimum depth of six (6) feet
H. Garages, Parking, Driveways, and Sidewalks:
I. Parking shall be provided at two parking spaces per dwelling.
2. Each single family detached residence shall have a two car garage
to accommodate required parking.
3. Guest parking in drive is required on alley accessed homes.
4. The minimum driveway length shall be 20 feet to accommodate
guest parking for all residential lots. For alley-loaded residences,
the 20' shall be measured from the edge of the alley easement, and
for residences with front-loaded garages, the 20' shall be measured
from the right-of-way.
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5. 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.
6. Minimum garage bay width shall be 20'.
7. All garage doors shall Designer Grade.
8. 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.
9. A 3 foot wide minimum sidewalk will be provided at the main
entry door of each residence.
J. Pools:
I. 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.
5.4 Landscape Standards
A. Each lot shall plant a canopy tree, as a street tree, with a minimum 2.5"
Caliper for each 50 feet of street frontage. Street trees are to be planted
within the right-of-way between the sidewalk and back-of-curb. Tree
species to be coordinated by the developer. Street trees shall be selected
from the City's approved street tree species list.
B. Each lot shall plant, in addition to a street tree, either one canopy tree with
a minimum 2.5" 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.
C. All residential homes shall be provide a minimum of ten (10) shrubs, with
a minimum height of 18 inches at the time of planting.
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Section 6.
D. Buffers and general open space landscape provided shall meet or exceed
the requirements noted on Section 4.3.
E. No landscape buffer is required between different home types or uses
within the Real Estate.
F. Landscape beds should be mulched to insure plant survivability and
reduce water requirements.
G. Existing trees to be preserved should be protected to the drip line of the
tree and should incorporate City of Carmel standards for protection.
H. Plant composition should employ a compatible variety of plant types in
order to build a pleasant transition from property to property.
I. All landscape and grassed areas shall be within one hundred (100) feet of
a hose bib.
5.5 Lighting
A. Exterior lighting may not only serve as a strong design element but can
also provide direction and safety.
B. All landscape lighting shall be of a soft and diffused character used to
illuminate landscape planting and pathways instead of building surfaces.
C. 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.
D. 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.
Town Home Residential Standards (Permitted within Sub Area A)
Town Homes are typically attached homes that have one or more common walls.
Town Homes may be sold fee simple or with condominium ownership.
6.1
Area RequirementslMinimum Lot Size
A. Minimum Lot Size for Town Home: 2,640 SF
6.2 Lot Standards
A. Front Yard Setback: 15' Minimum.
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B. Rear Yard Setback to Primary and Accessory Structures: 20'
C. Garage Setback: 20' minimum from the alley pavement.
D. Minimum Building Separation: 5' Minimum
E. Porches and Stoops: May extend into the front and street comer side yard
setback up to seven (7) feet from the property line.
F. Maximum: Ten (10) Town Homes units per Town Home Building;
Minimum: Three (3) town home units per building
G. Building Height: I to 3 stories (42 feet maximum)
H. Minimum Town Home Square Footage: 1600 SF minimum
6.3 Architectural Standards
A. Town Homes Residential Homes planned for this Fortune Ordinance shall
be similar in character to the photographs attached hereto and incorporated
herein by reference as Exhibit G.
B. Town 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.
C. Front Elevations of town homes should be clearly articulated through
architectural details,' changes in building materials, off sets in front
building facades, and/or vertical design elements to accentuate the
individual living units.
D. Building Walls:
I. Simple configurations and solid craftsmanship are favored over
complexity or ostentation.
2. Acceptable Exterior Finishes: Brick, Wood Siding (or
Cementitious Siding, Hardi-Board or equal), Stone, or Cedar.
3. All exterior walls will be given equal architectural treatment and
design.
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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.
7. At least 50% masonry is required on all front elevations of town
homes, excluding doors, windows, cantilevered areas, bay
windows, and areas which in the sole determination of the Builder
cannot support brick, such as the living area above the garage or
the area above a garage door with a shed roof
E.
Roofs:
I. Acceptable materials: Architectural grade,
fiberglass/asphalt shingles; metal heavy gauge
standing seam; Tile; Slate and artificial slate
dimensional
or galvanized
2. The minimum roof pitch for all residential homes shall be 5:12
unless otherwise stated.
3. 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 of3:12.
4. Gutter board 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.
F. Window and Doors:
I. Windows and doors should 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. Exterior shutters are permitted and encouraged.
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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 fa~ade material.
6. All windows and doors shall be framed.
G. Porches:
I. 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.
H. Garages, Parking, Driveways, and Sidewalks:
I. Parking shall be provided at two parking spaces per dwelling.
2. Each single family detached residence shall have a two car garage
to accommodate required parking.
3. Guest parking in drive is required on alley accessed homes.
4. The minimum driveway length shall be 20 feet, measured from the
alley easement, to accommodate guest parking for all residential
lots.
5. 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.
6. Minimum garage bay width shall be 20'.
7. All garage doors shall Designer Grade.
8. 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.
9. A 3 foot wide minimum sidewalk will be provided from the main
entry door of each residence to the public sidewalk.
6.4 Landscape Standards
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A. Each building shall have a canopy tree, as a street tree, with a minimum 3"
Caliper for each 50 feet of street frontage. Street trees are to planted
within the right-of-way. Tree species to be coordinated by the Developer.
Street trees shall be selected from the City's approved street tree specias
list.
B. Each building shall have, in addition to a street tree, either one canopy tree
with a minimum 2.5" Caliper or two understory trees with minimum 1.5"
Calipers for each 40 feet of total building width. Tree species should be
appropriate to the climate of the City, and the location to should be
appropriate to the design of the site and location of the home and site
appurtenances.
C. Each town home building shall be provided with ten (10) shrubs per town
home unit, with a minimum height of 18 inches at the time of installation.
D. Buffers and general open space landscape provided shall meet or exceed
the requirements noted on Section 4.3.
E. No landscape buffer is required between different home types or uses
within the Real Estate.
F. Landscape beds should be mulched to insure plant survivability and
reduce water requirements.
G. Existing trees to be preserved should be protected to the drip line of the
tree and should incorporate City of Carmel standards for protection.
H. Plant composition should be employ a compatible variety of plant types in
order to build a pleasant transition from property to property.
I. All landscape and grassed areas to be within one hundred (100) feet of a
hose bib.
6.5 Lighting
A. Exterior lighting may not only serve as a strong design element but can
also provide direction and safety.
B. All landscape lighting shall be of a soft and diffused character used to
illuminate landscape planting and pathways instead of building surfaces.
C. 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.
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5/4/2006
D. 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.
F. 'Each Town Home shall have a lit entry. If covered porch is provided, then
an overhead lamp should be provided from the ceiling of the porch; ifno
covered porch is provided, then fixtures should be mounted on either side
of the door.
G. Alley ways shall be lighted by lamps mounted on either side ofthe garage
doors. At the Developer's discretion the lights may be timer controlled or
motion sensor controlled.
Section 7. Platting and Subseauent Approvals: The platting of Sub Area B shall be required.
Platting of Sub Area A shall be permitted, but shall not be required; provided, however, that so
long as the proposed plat complies with the area requirements set forth in Section 6 above for
residential development, the creation, by reason of platting, of a new property line within the
Real Estate shall not impose or establish new development standards beyond those specified
above in Section 6 for the entirety of the Real Estate.
7.1
7.2
7.3
Section 8.
Conceptual Plan. What is attached hereto and incorporated herein by reference as
Exhibit H shall serve as the conceptual plan (the "Conceptual Plan") of the Real
Estate. The Conceptual Plan allocates the real estate into sub-area A ("Sub-Area
A") and sub-area B ("Sub-Area B").
Plat Approval of Sub-Area B. The Conceptual Plan constitutes the approved
primary plat of Sub-Area B and, as such, the Developer shall not be required to
return to the Plan Commission for primary plat approval of the Sub-Area B. The
Director shall have sole and exclusive authority to approve, with our without
conditions, or to disapprove any secondary plat of Sub-Area B; provided,
however, that the Director shall not unreasonably withhold or delay the Director's
approval of the secondary plat that is in substantial conformance with Sub-Area B
of the Conceptual Plan.
DP/ADLS Approval of Sub-Area A. Attached hereto and incorporated herein by
reference as Exhibit G are the elevations illustrating the intended architectural
style of the Townhomes planned for the Real Estate shall be similar in character
to such elevations. The Developer shall be required to return to the Plan
Commission for DP/ADLS approval with respect to Sub-Area A and the
Townhomes, but not for Sub-Area B or the detached single-family residences.
Definitions and RuIes of Construction:
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8.1 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.
8.2 Definitions. In addition to dermed words and terms found in other sections of this
Fortune Ordinance, the following definitions shall also apply throughout this
Fortune Ordinance:
A. Accessorv Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessorv 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. Allev: 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.
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1. County: Hamilton County, Indiana.
M. 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.
N. Development Requirements. Development standards and any requirements
specified in this Fortune Ordinance which must be satisfied in connection
with the approval of a Final Development Plan.
O. Developer. Indiana Land Development Corporation and/or 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 hisfher authorized representatives.
Q. Homeowners Association. A nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of the
community, 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. 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-Wav: An area ofland 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.
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W. Townhome: A single family residence attached to one or more other
single family residence(s), each having more than one (1) story.
X. Townhome Building: A structure containing Townhomes.
Y. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 10. Violations. All violations of this Fortune Ordinance shall be subject to Section
34.0 of the Carmel Zoning Ordinance.
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
Presiding Officer
Joseph C. Griffiths
Richard 1. Sharp, President Pro Tempore
Kevin Kirby
Ronald E. Carter
Brian D. Mayo
Frederick A. Glaser
Mark Ratterman
ATTEST:
Diana 1. Cordray, IAMC, Clerk Treasurer
18
5/4/2006
Presented by me to the Mayor of the City of Carmel, Indiana the _ day of
,2006, at o'clock_.M.
Diana L. Cordray, IAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this
,2006, at o'clock _.M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
And By:
Greg Gamble
Land Design
\35 Second Avenue North, Suite 105
Franklin, Tennessee 37064
19
5/4/2006
EXHIBIT A
Lee:al Description
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, described as follows:
Beginning on the South line of the Southeast Quarter of Section 29, township 18 North, Range 3
East 1351.40 feet South 89 decrees 03 minutes 05 Seconds West (assumed bearings) from the
Southeast corner of said Southeast Quarter; thence North 00 degrees 56 minutes 55 seconds West
8.00 feet; thence North 52 degrees 42 minutes 19 seconds East 14.45 feet; thence North 23
degrees 04 minutes 39 seconds East 27.27 feet; thence North 00 degrees 1453.10 feet; thence
South 89 degrees 25 minutes 00 seconds West parallel with the North line of said Southeast
107.69 feet; thence North 00 degrees II minutes 13 seconds East 1138.58 feet to a point on the
North line of said Southeast Quarter which is 1443.58 feet South 89 degrees 25 minutes 00
seconds West of the Northeast corner of said Southeast Quarter; thence South 89 degrees 25
minutes 00 seconds West on said North line 393.42 feet; thence South 00 degrees 07 minutes 05
seconds West 1193.76 feet; thence South 88 degrees 41 minutes 35 seconds West 153.46 feet;
thence South 00 degrees 34 minutes 29 seconds East 1441.57 feet to the South line of the
Southeast Quarter; thence North 89 degrees 03 minutes 05 seconds East on said South line
627.20 feet to the place of beginning. Containing 32.447 acres more or less.
Also, the following described real estate:
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, described as follows:
Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North, Range 3
East at a point 409.54 feet North 89 degrees 25 minutes 00 Seconds East (assumed bearing) from
the Northwest corner of said Southeast Quarter; thence North 89 degrees 25 minutes 00 seconds
East on said North line 204.77 feet; Thence South 00 degrees 12 minutes 32 seconds East
parallel with the West line of said Southeast Quarter 1196.20 feet to a point on a line which bears
North 88 degrees 41 minutes 35 seconds East from a point on the West line of said Southeast
Quarter that is 1203.96 feet South 00 degrees 12 minutes 32 seconds East of the Northwest
Corner of said Southeast Quarter; thence South 88 degrees 41 minutes 35 seconds East of said
point on the West line of said Southeast Quarter; thence North 00 degrees 12 minutes 32 seconds
West parallel with said West line 1198.71 feet to the Place of Beginning.
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, described as follows:
Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North, Range 3
East at a point 614.31 feet North 89 degrees 25 minutes 00 Seconds East (assumed bearings)
from the Northwest comer of said Southeast Quarter; thence North 89 degrees 25 minutes 00
seconds East on said North line 204.76 feet to a point 1837.00 feet South 89 degrees 25 minutes
20
5/4/2006
00 seconds West of the Northeast comer of said Southeast Quarter; thence South 00 degrees 07
minutes 05 seconds West 1193.76 feet to a point on a line which bears North 88 degrees 41
minutes 35 seconds East from a point on the West line of said Southeast Quarter that is 1203.96
feet South 00 degrees 12 minutes 32 seconds East of the Northwest Corner of said Southeast
Quarter; thence South 88 degrees 41 minutes 35 seconds East of said point on the West line of
said Southeast Quarter; thence North 00 degrees 12 minutes 32 seconds West parallel with said
West line 1196.20 feet to the Place of Beginning.
H:\brad\Zoning & Real Estate Marters\lndinna Land Dev\Carmel-126th Street Fortune\PUD OS0206.doc
21
. 5/4/2006
EXHIBIT " A"
(As comprised on the following 2 pages)
EXHIBIT A
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
Township, Hamilton County, Indiana, described as follows:
Beginning on the South line of the Southeast Quarter of Section 29, township 18
North, Range 3 East 1351.40 feet South 89 decrees 03 minutes 05 Seconds West
(assumed bearings) from the Southeast corner of said Southeast Quarter; thence North
00 degrees 56 minutes 55 seconds West 8.00 feet; thence North 52 degrees 42
minutes 19 seconds East 14.45 feet; thence North 23 degrees 04 minutes 39 seconds
East 27.27 feet; thence North 00 degrees 1453.10 feet; thence South 89 degrees 25
minutes 00 seconds West parallel with the North line of said Southeast 107.69 feet;
thence North 00 degrees II minutes 13 seconds East 1138.58 feet to a point on the
North line of said Southeast Quarter which is 1443.58 feet South 89 degrees 25
minutes 00 seconds West ofthe Northeast corner of said Southeast Quarter; thence
South 89 degrees 25 minutes 00 seconds West on said North line 393.42 feet; thence
South 00 degrees 07 minutes 05 seconds West 1193.76 feet; thence South 88 degrees
41 minutes 35 seconds West 153.46 feet; thence South 00 degrees 34 minutes 29
seconds East 1441.57 feet to the South line of the Southeast Quarter; thence North
89 degrees 03 minutes 05 seconds East on said South line 627.20 feet to the place
of beginning. Containing 32.447 acres more or less.
Also, the following described real estate:
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
Township, Hamilton County, Indiana, described as follows:
Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North,
Range 3 East at a point 409.54 feet North 89 degrees 25 minutes 00 Seconds East
(assumed bearing) froin the Northwest corner of said Southeast Quarter; thence North
89 degrees 25 minutes 00 seconds East on said North line 204.77 feet; Thence South
00 degrees 12 minutes 32 seconds EastparaIlel with the West line of said Southeast
Quarter 1196.20 feet to a point on a line which bears North 88 degrees 41 minutes 35
seconds East from a point on the West line of said Southeast Quarter that is 1203.96
feet South 00 degrees 12 minutes 32 seconds East of the Northwest Corner of said
Southeast Quarter; thence South 88 degrees 41 minutes 35 seconds East of said point
on the West line of said Southeast Quarter; thence North 00 degrees 12 minutes 32
seconds West parallel with said West line 1198.71 feet to the Place of Beginning.
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
Township, Hamilton County, Indiana, described as follows:
Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North,
Range 3" East at a point 614.31 feet North 89 degrees 25 minutes 00 Seconds East
(assumed bearings) from the Northwest corner of said Southeast Quarter; thence North
89 degrees 25 minutes 00 seconds East on said North line 204.76 feet to a point
1837.00 feet South 89 degrees 25 minutes 00 seconds West of the Northeast comer
of said Southeast Quarter; thence South 00 degrees 07 minutes 05 seconds West
1193.76 feet to a point on a line which bears North 88 degrees 41 minutes 35
seconds East from a point on the West line of said Southeast Quarter that is 1203.96
feet South 00 degrees 12 minutes 32 seconds East of the Northwest Comer of said
Southeast Quarter; thence South 88 degrees 41 minutes 35 seconds East of said point
on the West line of said Southeast Quarter; thence North 00 degrees 12 minutes 32
seconds West parallel with said West line 1196.20 feet to the Place of Beginning.
H:\bl'lodlZoning & Real Estate Matters\lndianll. Land Dcv\Cannc\-126th Stn:c1 Fortune\Notice - CC 051 S06.doc
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF INDIANA LAND DEVELOPMENT CORPORATION
TO REZONE PROPERTY LOCATED
AT 2555 WEST 131sT STREET
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-491-06
To: The Honorable Common Conncil
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 05050003 Z)
of Indiana Land Development Corporation petitioning the Commission for a favorable recommendation to
rezone property located at 2555 West 131" Street from S-IIResidential to PUD/Planned Unit Development.
The Carmel Plan Commission's recommendation on the petition ofthe applicant is "FAVORABLE."
At its regularly scheduled meeting on April 18, 2006, the Carmel Plan Commission voted eight (8) in Favor,
zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-
491-06 with a Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-
4-608(1)(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 26, 2006) is Wednesday, July 26,
2006.
AT
CARME~PLAN COMMISSION
//
BY:
()erry Ch
Ra nonn Hallcock, Secretary
Carmel Plan Commission
Dated: April 26, 2006
2006-0426; Z-491-06 FORTUNE REZONE CERTIFICATION
Received
APR 2 6 2006
Carmel
Clerk- Treasurer