HomeMy WebLinkAboutPacket 9-6-05
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CARMEL, INDIANA
INDIANA LAND DEVELOPMENT
CHANGE IN ZONING
CLASSIFICATION
43.6 Acres south of 131st Street
and west of Towne Road
Docket No. 05050003Z
City of Carmel
Special Studies Committee -September 6, 2005
Applicant: Indiana Land Development
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
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1.
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TABLE OF CONTENTS
Explanation
Aerial photograph
Concept Plan
PUD Ordinance
Illustrations of type of detached residences - alley accessed
Illustrations of type of detached residences - front drive accessed
Illustrations of type of townhomes
Tree Preservation Plan
Landscape Plan
Signage/Entry illustrations
H:\Janet\ILD\126'" Fortune\TOC-SSC 090605.doc
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lElJlndiana Land Development is the contract purchaser of approximately 43 acres of real
estate located south of 131 st Street, north of 126th Street, and just east of Towne Road. The real
estate is identified on the aerial photograph included as Exhibit 2.
Explanation
The 43 acres form a narrow, rectangular parcel, abutted on the east and west by sections
of the Villages at West Clay. To the immediate east is (i) a high density residential section of the
Villages at West Clay, and (ii) a high intensity commercial area of the Villages at West Clay
permitting, among other uses, a fast food restaurant, a gas station, a liquor store, and a grocery
store.
In order to provide transition, Indiana Land Development has requested a change in
zoning classification from the existing S-l District to a PUD District. As illustrated on the
Concept Plan included as Exhibit 3, the PUD Ordinance allocates the real estate into a
Subarea A, Subarea B, and Subarea C. A summary of each of these Subareas follows:
1. Subarea A - Detached single family residences and townhomes are permitted in Subarea
A. Subarea A also permits certain civic uses and limited commercial uses similar to the
permitted special uses allowed in the S-l District under Carmel's Zoning Ordinance. In
order to permit the opportunity for the limited civic and commercial uses, Indiana Land
Development has agreed to not develop Subarea A for residential uses until one year after
the enactment of the requested PUD Ordinance.
2. Subarea B - Subarea B will be developed for detached single family residences and
townhomes. Examples of alley accessed single family residences are included as Exhibit
5, examples of front drive accessed single family residences are included as Exhibit 6,
and examples of townhomes are included as Exhibit 7.
3. Subarea C - Subarea C will be developed for detached single family residences.
Examples of alley accessed single family residences are included as Exhibit 5, and
examples of front drive accessed single family residences are included as Exhibit 6.
By way of general back~round, since the public hearing fIl J~e 21.' 2005, Paul
Shoopman has worked hard and m earnest, and has had numerous meetmgs WIth concerned
persons. As a result of this continued dialog and hard work, the following revisions have been
made to the plans originally submitted:
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1. Enhanced buffer along western boundary - As indicated on the Concept Plan, there has
been a widening and enhancement of the buffer adjacent to the northern half of the
western boundary adjacent to the single family residence.
2.
Relocation of the north/south road - Per the request of the neighbor to the south of 126th
Street, and as also illustrated on the included Concept Plan, the north/south road has been
relocated to the east.
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3.
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5.
6.
7.
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Increased tree preservation - As illustrated on the revised tree preservation plan included
as Exhibit 8, tree preservation has been enhanced. Clusters of large burr oaks along the
northern boundary of the real estate are preserved.
Vinyl siding - As reflected in the revised PUD Ordinance included as Exhibit 4, vinyl
siding has been eliminated as a permitted exterior building material.
2 car garages - As reflected in the revised PUD Ordinance, the PUD Ordinance has been
corrected to require a minimum of 2 car garages.
Reduction in height of commercial for civic buildings - As reflected in the revised PUD
Ordinance, the maximum height of commercial or civic buildings has been reduced from
4 stories to 40 feet. This is consistent with the commercial/retail section of the Villages
at West Clay to the immediate northeast.
.:.
Traditional neighborhood design to the west - As indicated on the Concept Plan, the
residences along the southern one third of the western boundary of the real estate are
accessed through front-loaded garages. If it is the preference of the Special Studies
Committee, this segment of residences can be converted to alley-accessed, traditional
neighborhood design; however, this will require the cooperation and revision of the
adjoining section of the Villages at West Clay.
Commercial connection - At the option of the Special Studies Committee, the Concept
Plan can be revised to permit connectivity to the commercial section of the Villages at
West Clay.
Bicycle path - At the option of the Special Studies Committee, the Concept Plan can be
revised to include a biCYCle path. --
10.
Architectural enhancements - The following additional architectural standards have been
added to the revised PUD Ordinance:
(a) 12" overhangs are required;
(b) There will be no exposed fire place chimney pipes;
(c) There will be a recreational area which will include two (2) of the following, to be
determined by the developer:
· Tennis courts;
· Playground area;
· Volleyball court;
· Basketball court.
(d) Each detached residence will have a minimum of 10 shrubs, 18" in height at
planting.
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(e) To provide for off-street parking, alley-loaded garages on detached residences
will be set back a minimum of 21' from the edge of the alley pavement;
(t) All roof pitches on detached residences will be a minimum of 5 vertical for each
12 horizontal;
(g) All roof colors will be the same;
(h) Window grills will be in all windows of detached single family homes;
(i) All entry doors on all detached single family residences and townhomes will be
designer grade;
G) The minimum garage width has been established at 20'; and
;.
(k) All homes will have a dusk to dawn carriage lights on the garage.
We look forward to receiving additional input and guidance from the Special Studies
Committee on September 6, 2005, with the expectation of again returning to the Committee in
October.
Respectfully submitted,
~~~~
<-- ~" ~__ L- 1...-.,-..
Charles D. Frankenberger
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Photograph Taken April 2005
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SITE DATA
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GROSS SITE AREA
EXISTING ZONING
PROPOSED ZONING
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TOTAL UNITS:
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The Village of WestClay
Towncenter
The Village of WestClay
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SUB-AREA 'B'
AREA,
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SINGLE FAMILY:
TOTAL UNITS:
17.73 AC
44 UNITS
22 UNITS
66 DU
SUB-AREA 'A'
AREA: 8.87 AC
COMMERCIAL' CIVIC USES PERMITTED
FORTUNE SITE
MAS.TER PLAN
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Sponsor: Councilor
ORDINANCE
NO.
PLANNED UNIT DEVELOPMENT
DISTRICT
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TABLE OF CONTENTS
AND SCHEDULE OF EXHIBITS
TABLE OF CONTENTS
Section 1. Apolicability of Ordinance ................................................................................................. 4
Section 2. Planning Principles ............ .................. ...................... ................. .... ........... ...... ....... ........... 4
Section 3. Permitted Primary Uses ........ ............... ...................... .......... ........ ............. .......................... 5
Section 4. Street Design and Open Space ........................................................................................... 6
Section 5. Commercial Standards - Subarea A.................. .......................................................... 6
Section 6. Single Family Standards - Subarea C................................................................................. 9
Section 7. Town Home Standards - Subarea B ................................................................................. 13
Section 8. Platting.................................. ................................................................................18
Section 9. Approval Process ..... ..... ........... ......................... ......... ......................... .......... .................... 18
Section 10. Definitions and Rules of Construction ......................................................................19
Section 11. Violations .................... ............ ......... ............ ................................... ......................... ....... 21
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SCHEDULE OF EXHIBITS
A Legal Description of Real Estate
B Regulating Plan
C Tree Preservation Plan and Landscape Plan
D StreetStandmds
E Elevations identifying intended mchitectural style of front driveway accessed detached
single family residences
F Elevations identifying intended mchitectural style of alley accessed detached single
family residences
G Elevations identifying intended mchitectural style of townhome
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ID
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 ~36-7-4-1500 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 commitments pertaining to the Real
Estate shall be null and void and replaced and superseded by this Ordinance, and
(iii) this Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Section 1
Applicabilitv 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 Princioles: This Ordinance is designed and planned to evoke a
sense of community typically found in older neighborhoods by producing a pedestrian-friendly
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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 Neighborhoods have identifiable nodes that can be small landscape parks,
squares, or open space. Small play areas and community open spaces close to
most dwellings create meeting places for residents and children that provide a
setting for social interaction.
2.3 Neighborhoods are walkable and pedestrian friendly. All neighborhoods contain
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 encouraged
and provide an open living room to encourage neighborly conversations and add
interest to the street.
2.5 Where possible, garages and driveways are located off of an Alley at the rear of
the lot where possible to limit garages on the front of the homes and limit the
number of drives from the streets. Where the garage is on the front of the home,
the garage should be recessed back from the front elevation.
2.6 Visitors use on-street parallel parking in front of the homes and are welcomed by
open verandas and inviting front porches.
2.7 A portion of this Planned Unit Development is given the flexibility to be designed
with several uses based on market demands. In Subarea' A', a mix of uses is
encouraged to provide opportunities for businesses in close, walkable proximity
to the residential neighborhoods.
Section 3 Permitted Primary Uses and Intensities: A portion of the PUD is given the
flexibility to be designed with several uses based on market demands. In Subarea A, a mix of
uses is encouraged to provide opportunities for businesses in close, walkable proximity to the
residential neighborhoods. Permitted uses are defined below:
3.1 Subarea A Permitted Primary Uses (Residential and Commercial Uses permitted
as listed below)
. Detached Single Family Dwellings
. Attached Town Homes
. Accessory Dwelling
. Clinic or Medical Health Center
. Church/TemplelPlace of Worship
. Post Office
. Library
. Kindergarten/Preschool
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. College or University
3.2 Subarea B Permitted Primary Uses (Residential Uses permitted as listed below)
. Detached Single Family Dwellings
. Attached Town Homes
. Accessory Dwellings
3.3 Subarea C Permitted Primary Uses (Residential Uses permitted as listed below)
. Detached Single Family Dwellings
. Accessory Dwellings
3.4 Residential Densities and Commercial Floor Areas Permitted
. Maximum Gross Residential Density for PUD: 3.7 Dwelling Units / Acre
. Permitted Residential Density per Subarea (See Exhibit B for Subarea
delineation):
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Subarea A: 7.949 acres total net area (not including area dedicated for
131 st ROW.) (Gross Area 8.871)
- Commercial Permitted: (See Section 5 for Commercial
Standards, Subarea A)
- Maximum Town Homes: 56 Homes
- Maximum Detached Single Family: 28 Homes
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Subarea B:17.727 acres total
- Maximum number of Town Home Units Permitted: 44 Homes
- Maximum number of Single Family Homes Permitted: 22 Homes
Subarea C: 16.422 acres total net area (not including area dedicated for
126th ROW.) (Gross Area 17.008)
- Maximum number of Single Family Homes Permitted: 61 Homes
*Note: "Net area" includes area within Subarea 'A',
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.
. 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 D - Neighborhood
Street Sections.
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4.2 Community Open Space
. Community Open Space shall be provided at a minimum of 15% of the
gross development area.
. The existing tree canopy of the community is critical to the character and
design of the master plan. See Exhibit C for trees proposed to be
preserved.
. Existing trees to be preserved should be protected to the drip line of the
tree. Tree protection barriers should be installed by utilizing wood
stakes/agricultural metal fence posts at 8 feet on center with minimum
four foot metal fence located at the at the drip-line of the tree.
. 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" 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.
. Within part of the Community Open Space there shall be an amenity area
which will include 2 of the following, determined by the Developer:
. Tennis court;
. Playground area;
. Volleyball court; or
. Basketball court.
4.3 Community Buffers and Landscape
. See Exhibit C for Tree Preservation and Landscape Plan
. A landscape plan shall be submitted to the Commission for its approval
with the ADLS submittal and, absent any waivers or variances, shall
comply with the requirements of the Zoning Ordinance.
. PUD Buffers provided shall meet or exceed the following requirements:
1. Subarea A.
a. 25 ~foot buffer yard from the edge of the ROW for 131 st street
(per the Clay Township Thoroughfare Plan).
b. 10 foot buffer yard along the east and west property lines.
2. Subarea 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.
3. Subarea C.
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 prope~ line.
c. 20 foot buffer yard located north of the 126 Street ROW (per
the Clay Township Thoroughfare Plan). Overlap into the
drainage and sanitary easements to the north are permitted.
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. No landscape buffer is required between different home types or uses
within the PUD boundary or between similar and/or like uses of adjacent
properties.
Section 5 Commercial Standards - Subarea A: Commercial buildings generally consist of a
fixed commercial building type with a single use throughout. Common walls are permitted on
the side lot lines. Commercial buildings shall front 1315t Street, with parking generally located
to the rear or side of the buildings. Special emphasis is placed on the architectural detail in the
elevations of these buildings as they are the signature buildings of the community from 1315t
Street.
5.1 Area Requirements
. Front Yard Setback: 20'
. Comer Side Yard Setback: 20'
. Rear Yard Setback: 0'
. Minimum Lot Size: Not Applicable. To allow for market flexibility, no
lot minimum is established.
. No Maximum Lot coverage shall be required
5.2
Building Placement
. Building location on lot
Development Plan review.
adjacent to 1315t Street.
should be reviewed in connection with
Buildings are encouraged to be located
5.3 Maximum Height for Commercial Buildings:
. The maximum overall building height is 40 feet; provided, however, that
there is no height limit on architectural elements, such as towers or
copulas
. The minimum building height is 16'
. The maximum overall building height, exclusive of attic, roof or parapet
and architectural elements, shall be measured in number of stories
. The heights of building elements shall be measured from the sidewalk
grade taken anywhere along the principle frontage line
. Generally, fences or garden walls are discouraged at or in front of the front
fa~ade. Wrought iron and aluminum fences with black powder coat fences
with a maximum height of 36 inches are permitted.
. Fences or garden walls at or behind the front fa~ade shall be a minimum of
5 feet in height and a maximum of 8 feet.
5.4 Parking Placement
. The number of parking places required shall meet or exceed the
requirements of the Zoning Ordinance
. Both on-street parking and off-street parking shall count towards the
fulfillment of the parking requirement. The on-street parking, where
applicable, shall be provided along the frontage corresponding to the lot.
All on-street parking may be informal parking
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5.5
5.6
5.7
. Shared parking shall be permitted.
Accessory Buildings
. Accessory buildings associated with any of the approved uses listed are
permitted. Accessory buildings must be architecturally compatible with
the principal building(s) with which they are associated and must adhere
to the same architectural guidelines as the principle building(s).
Architectural Design Requirements:
. Architectural plans shall be submitted to the Commission for its approval
with the ADLS submittal.
. Buildings are to be residential in scale and character. Efforts should be
made to eliminate "box buildings".
. Permitted building fa~ade materials include: stone, architectural masonry,
architectural pre-cast (panels or detailing), "Hardi-board" or equivalent,
clay, brick, etc.
. Individual storefronts shall incorporate architectural elements such as
lintels, pediments, pilasters, columns and other design elements
appropriate to the architectural style of the building as a whole.
. Building materials in the same plane (Le. front elevation) may be built of
no more than two materials and may change materials along a horizontal
line, with heavier material below the lighter material.
. Material variation in the same plane may occur along a horizontal line
only. Changes along a vertical plane may only occur at comers where the
material "wraps" around the comer of the building a minimum of twenty-
four inches.
. Continuous facades of more than 60' shall be designed with vertical
offsets. Offsets may be projecting, recessed or may be a simple change in
material, or detailing.
. Sloped roofs are strongly recommended. Roof materials may include
builder grade, architectural grade, dimensional asphalt shingles, tile,
standing seam metal (aluminum must be painted with anodized or powder
.,
coat finish), slate/artificial slate.
. Sloped roofs shall be a maximum of fifty (50) without a change in roof
plane, gable or dormer.
. Fixed and/or retractable awnings are permitted.
. Window design shall be compatible and proportionate keeping with the
style, materials, and details of the building. (Vinyl, "Hardi-board", and
Wood clad materials are acceptable.)
. Porches, window, and stoops may extend into the front yard setback and
the side yard setback by up to 10'.
Signage Design Requirements
. A signage plan shall be submitted to the Commission for its approval with
the ADLS submittal and shall comply with the requirements of the Zoning
Ordinance unless appropriate variances are obtained from the BZA.
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5.8 Landscape Design Requirements
. A landscape plan shall be submitted to the Commission for its approval with
the ADLS submittal and, absent any waivers or variances, shall comply with
the requirements of the Zoning Ordinance.
. Landscaping shall be provided on all sides of a standalone building.
. PUD Buffer and general open space landscape provided shall meet or exceed
the requirements noted on Exhibit C and Section 4.3.
. No landscape buffer is required between different home types or uses within
the PUD boundary.
5.9 Any mechanical equipment visible from an adjoining street or highway shall be
screened with suitable fencing and/or landscape material.
5.10 If Subarea A is developed as residential, then it shall be in accordance with
Section 6.
Section 6. Single Family Standards - Subarea A. Subarea B and Subarea C: Single Family
Residential Homes are detached homes on fee simple lots.
6.1 Area Requirements/Minimum Lot Size
. Minimum Lot Size for Lots accessed from a public street: 6000 Sq. Ft.
. Minimum Lot Size for Lots accessed from an Alley: 5500 Sq. Ft.
. Detached homes lot lines shall be subject to change from conceptual
drawing due to various product type.
6.2 Development Standards
. Front Yard Setback: 12' Minimum
. Rear Yard Setback to Primary and Accessory Structures: 20'
. Garage Setback:
1. For Street Accessed Lots: Garage should be recessed behind the
primary structure front elevation approximately 4 feet.
2. For Alley Accessed Lots with parking permitted in driveway:
Minimum 21 feet from edge of pavement of alley.
3. For Alley Accessed Lots without parking permitted in driveway:
Between 5 feet and 13 feet.
. Side Yard Setback: 3.75' Minimum
. 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.
. Minimum Building Square Footage: 1400 square feet
. Maximum Lot coverage: 75%
. Building Height: 1 to 3 stories, not to exceed 40 feet in height.
.,
6.3 Architectural Standards
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.
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 fa((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, Wood Siding (or
Cementitious Siding, Hardi-Board or equal), Stone
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 two
materials and may change material along a horizontal line, with the
heavier material below the lighter material.
5. Material variation used on the front elevations shall extend or
"wrap" around the corner of the house a minimum of 18 inches to
provide an appropriate transition. In addition, street corner lots
will require special treatment on the side facing the street.
6. Strong encouragement is given to designs reflecting masonry first
floor with acceptable siding second floors.
7. 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.
.
.
.
Roofs:
1. Acceptable materials: Architectural grade, dimensional
fiberglass/asphalt shingles; metal heavy gauge or galvanized
standing seam; Tile; Slate and artificial slate.
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 5: 12.
3. 12" overhangs are required.
4. There will be no exposed fire place chimney pipes.
5. All roof colors shall be the same.
.
Window and Doors:
1. Windows, window panes, 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. Window grills will be in all windows.
4. The main entry door on all residences will be designer grade.
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Porches:
1. Porches and stoops are encouraged and are central to the character
of the community. They provide a safer neighborhood by placing
"eyes on the street."
2. Openings between piers, posts, and porch columns shall be square
or vertical in proportion.
3. Columns shall be stylistically consistent with the architecture of
the primary structure.
4. Decks shall be located only in rear yards.
.
Breezeways, connecting detached garages to the primary structure, are
permitted, and shall have design elements including roof, eave, fascia, etc.
to match the primary structure.
.
Garages, Parking, Driveways, and Sidewalks:
1. 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 optional on alley accessed homes.
4. 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.
5. Minimum garage bay width shall be 20'.
6. 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.
7. A walk connecting the public sidewalk to the front porch/door of
the home shall be constructed.
8. Each residence shall have a dusk till dawn carriag~ light on the
garage.
. Pools:
1.
2.
3.
Only in-ground pools are permitted. Above ground hot tubs and
spas are permitted.
Pool decks may encroach into the side and rear yard setbacks no
closer than 5 feet to the property line.
Pools shall be screened or fences as required to meet all safety
requirements.
.
Fences and garden walls:
1. Fences in the front yards adjacent the front street and side street
where applicable, shall have a setback from the property line of 12
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6.4
6.5
inches and a maximum height of 42 inches. Walls in the front
yards are not permitted.
2. Fences and garden walls in the rear yard shall be a maximum of six
feet measured from the finished grade.
3. Fences and garden walls within the required landscape buffer yard
shall conform to the specifications set by the developer.
4. Permitted fence materials include wrought Iron, painted aluminum,
and wood.
5. Permitted garden wall materials include brick or stone to match
home.
Landscape Standards
. Each lot shall plant a canopy tree, as a street tree, with a minimum 2.5"
Caliper for each 50 feet of street frontage. 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 a street tree, 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 Exhibit C and Section 4.3.
. No landscape buffer is required between different home types or uses
within the Real Estate.
. 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 (100) feet of
a hose bib.
. Each residence shall have a minimum of 10 shrubs, 18" in height at
planting, along the front and/or side of each home.
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.
. 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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. 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.
Section 7. Town Home Residential Standards (Permitted within Subarea A and Subarea B)
Town Homes are typically attached homes that have one or more common walls. Town Homes
may be sold fee simple or with condominium ownership.
7.1 Area RequirementslMinimum Lot Size
. Town Homes shall be located generally between 131 st Street and the
single family homes per the Concept plan, Exhibit B.
. Minimum Lot Size for one-car garage town homes: 1800 sq. ft.
. Minimum Lot Size for two-car garage town home: 2400 sq. ft.
7.2 Development Standards
. Front Yard Setback: 12' Minimum on lots interior to the neighborhood.
For lots fronting on 131 st Street, a minimum 25' front yard shall be
provided.
. Rear Yard Setback to Primary and Accessory Structures: 20'
. Garage Setback:
1. For Alley Accessed Lots with parking permitted in driveway:
Minimum 29 feet from rear property line.
2. For Alley Accessed Lots without parking permitted in driveway:
Between 5' and 13' feet.
. Minimum Building Separation: 7.5' Minimum
. Porches and Stoops: May extend into the front and street comer side yard
setback up to seven (7) feet from the property line.
. Maximum Ten (10) Town Homes units per Town Home Building;
Minimum three (3) town home units per building
. Building Height: 1 to 3 stories (40 feet maximum)
7.3 Architectural Standards
. 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.
. 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.
. Town Homes should be built with special attention to pedestrian scale
incorporating front porches, stoops, and balconies.
. Building Walls:
1. Simple configurations and solid craftsmanship are favored over
complexity or ostentation.
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2. Permitted Exterior Finishes: Brick, Wood Siding (or Cementitious
Siding, Hardi-Board or equal), Stone
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 two
materials and may change material along a horizontal line, with the
heavier material below the lighter material.
5. Material variation used on the front elevations shall extend or
"wrap" around the comer of the house a minimum of 18 inches to
provide an appropriate transition. In addition, street comer lots
will require special treatment on the side facing the street.
6. Strong encouragement is given to designs reflecting masonry first
floor with approved siding second floors.
7 . 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.)
.
Roofs:
1. Permitted materials: Builder grade, Architectural grade,
dimensional fiberglass/asphalt shingles; metal heavy gauge or
galvanized standing seam; Tile; Slate and artificial slate
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 of3:12.
3. All roof colors shall be the same.
.
Window and Doors:
I. Windows, window panes, 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. The main entry door on all townhomes will be designer grade.
.
Porches:
1. Porches and stoops are encouraged and are central to the character
of the community. They provide a safer neighborhood by placing
"eyes on the street."
2. Openings between piers, posts, and porch columns shall be square
or vertical in proportion.
3. Columns shall be stylistically consistent with the architecture of
the primary structure.
4. Decks shall be located only in rear yards.
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Breezeways, connecting detached garages to the primary structure, are
permitted, and shall have design elements including roof, eave, fascia, etc.
to match the primary structure.
.
Garages, Parking, Driveways, and Sidewalks:
1.
2.
Parking shall be provided at two parking spaces per dwelling.
Each Town Home residence shall have a one or two car garage
accessed by an alley at the rear of the lot to accommodate required
parking. If a one car garage is provided, an additional parking
space shall be provided in the driveway.
Guest parking in drive is optional on alley accessed homes with
two car garages.
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.
Minimum garage bay width shall be 20' for a two car garage and
11 ' for a one car garage.
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.
A walk connecting the public sidewalk to the front porch/door of
the home shall be constructed.
The minimum garage width shall be 20'.
Each Townhome shall have a dusk till dawn carriage light on the
garage.
3.
4.
5.
6.
7.
8.
9.
.
Pools:
1.
Only in-ground pools are permitted. Above ground hot tubs and
spas are permitted.
Pool decks may encroach into the side and rear yard setbacks no
closer than 5 feet to the property line.
Pools shall be screened or fences as required to meet all safety
requirements.
2.
3.
.
Fences and garden walls:
1. Fences in the front yards adjacent the front street and side street
where applicable, shall have a setback from the property line of 12
inches and a maximum height of 42 inches. Walls in the front
yards are not permitted.
2. Fences and garden walls in the rear yard shall be a maximum of six
feet measured from the finished grade.
3. Fences and garden walls within the required landscape buffer yard
shall conform to the specifications set by the developer.
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7.5
4. Permitted fence materials: Wrought Iron, painted aluminum, and
wood.
5. Permitted garden wall materials: Brick or stone to match home.
Landscape Standards
. Each building shall have a canopy tree, as a street tree, with a minimum 3"
Caliper for each 50 feet of street frontage. Tree to planted within the
right-of-way. Tree species to be coordinated by the Developer.
. Each building shall have, in addition to a street tree, either one canopy tree
with a minimum 2" 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.
. PUD Buffer and general open space landscape provided shall meet or
exceed the requirements noted on Exhibit C and Section 4.3.
. No landscape buffer is required between different home types or uses
within the PUD boundary.
. 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 be employ a compatible variety of plant types in
order to build a pleasant transition from property to property.
. All landscape and grassed areas to be within one hundred (100) 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.
. 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.
. Each Town Home shall have a lit entry. If covered porch is provided, then
an overhead pendulum style lamp should be provided from the ceiling of
the porch; if no covered porch is provided, then fixtures should be
mounted on either side of the door.
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. Alley ways shall be lighted by lamps mounted on either side of the garage
doors. At the Developer's discretion the lights may be timer controlled or
motion sensor controlled.
Section 8. Platting: The platting of Subarea C shall be required. Platting shall also be
required with respect to all lots in portions of Subarea A and' Subarea B upon which detached
single family dwellings are located. Platting shall be permitted, but shall not be required, with
respect to portions of Subarea A and Subarea B upon which Townhomes and/or non-residential
buildings are located; provided, however, that so long as the proposed plat complies with the
area requirements set forth in Section _ above for commercial development in Section _
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 _ and/or Section _, whichever is applicable, for the entirety of
the Real Estate. Provided, further, that the development of any parcel shall conform to the
Development Plans which are approved or amended per the terms of Section _ below, and all
other applicable requirements contained in this Ordinance.
8.1
8.2
Section 9.
9.1
Secondary Plat Approval. The Director shall have sole and exclusive authority to
approve, with or without conditions, or to disapprove any Secondary Plat
applicable to Subarea A, Subarea B, or Subarea C; 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.
Section 8.2. Amendment to Secondary Plat. An amendment to any Secondary
Plat which is not determined by the Director to be a Substantial Alteration or a
Material Alteration from any approved DP may be reviewed and approved solely
by the Director. However, in the event that the Director determines that there has
been a Substantial Alteration or Material Alteration from the approved DP, the
Director may, at the Director's discretion, refer the amended Secondary Plat to the
Commission, or a Committee thereof, for review and approval by the Commission
and/or a Committee thereof.
Approval Process:
Approval or Denial of the Primary Plat/Development 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 allocates the Real Estate into Subarea A
("Subarea A") and Subarea B ("Subarea B") and Subarea C ("Subarea
C"). The Conceptual Plan has been reviewed and approved by the Plan
Commission.
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Section 10.
10.1
10.2
B. Subsequent Development Plan ("DP") approval of Subarea A - The
Developer shall be required to subsequently return to the Commission for
DP approval of Subarea A.
C. DP approval of Subarea B and Subarea C - The Conceptual Plan shall
constitute the approved development plan for Subarea B and Subarea C
and, as such, the Developer shall not be required to return to the Plan
Commission for subsequent DP approval of Subarea B or of Subarea C.
D. ADLS Approval of civic uses within Area A - The Developer shall be
required to subsequently return to the Commission for ADLS approval of
all non-residential buildings located in Area A.
E. ADLS Approval of detached single family residences and/or townhomes
in Subarea B. Subarea B. and Subarea C - Attached hereto and
incorporated herein by reference as Exhibit "E" are elevations of the
intended architectural style for detached single family residences, and
attached hereto and incorporated by reference as Exhibit "F" are
elevations illustrating the intended architectural style of townhomes. The
Developer shall be required to subsequently return to a Committee of the
Plan Commission, for ADLS amend, to provide greater detail on the
townhomes. Such ADLS approval shall be forthcoming provided that
what is proposed is consistent with the terms and conditions of this _
Ordinance.
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.
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.
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B.
C.
D.
E.
F.
G.
H.
I.
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N.
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.
ADLS: Architecture, design, exterior lighting, landscaping, and signage.
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.
Building: Any structure which is greater than three (3) feet in height,
measured from ground level.
Building Height: The vertical distance from the ground level at the main
entrance to the highest ridge point of the roof structure.
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.
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 recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
Plan. Conceptual. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations.
o.
Development Plan. Final. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screening and
building information for the site.
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P. 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.
Q. Developer. Indiana Land Development, LLC and its successors and
assIgns.
R. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include hislher authorized representatives.
S. 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.
T. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
V. Minor Alteration: Any change to an approved plan of any type that
involves the revision of less than ten percent (10%) of the plan's total area
or approved materials.
VA Open Space: Define Open Space to include all pond and common areas
and block areas.
V. 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.
W. Real Estate. The Real Estate shall mean and refer to all of the Real E"state
described in Exhibit "A".
X. Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
Y. 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.
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Z. 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.
AA. Substantial Alteration: Any change to an approved plan of any type that
involves the revision of ten percent (10%) or more of the plan's total area
or approved materials.
BB. Townhome: A single family residence attached to one or more other
single family residence(s), each having more than one (I) story.
CC. Townhome Buildin~: A structure containing Townhomes.
DD. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 11. Violations. All violations of this
34.0 of the Carmel Zoning Ordinance.
Ordinance shall be subject to Section
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PASSED by the Common Council of the City of Carmel, Indiana this _ day of
, 2005, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
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 _ day of
,2005, at o'clock .M.
~
Diana L. Cordray, IAMC, Clerk Treasurer
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Approved by me, Mayor of the City of Carmel, Indiana, this
,2005, 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
135 Second Avenue North, Suite 105
Franklin, Tennessee 37064
H:\Janet\JLD 12 I st\PUD Draft 082605.doc
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EXHIBIT " A"
Le2al Descriotion
H:\Janet\ILD 121" \PUD Draft 082S0S.doc
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DEVELOPMENT PROGRAM
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TmAl UNITS:
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COMMERCIAL/ CIVIC USES PERMITTED
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44 UNITS
22 UNITS
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