HomeMy WebLinkAboutProposed Ordinance Z-491-06
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Sponsor: Councilor Mark Rattermann
ORDINANCE NO. Z-491-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
FORTUNE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z-289 (the "Carmel Zoning
Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements ofI.C. S 36-7-4-1500 et seq.;
WHEREAS, the Carmel Plan Commission (the "Commission") has given a favorable
recommendation to the ordinance set forth herein (the "Fortune Ordinance") which establishes a
Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC S36-7-4-1500 et seq., it adopts this
Fortune Ordinance, as an amendment to the Carmel Zoning Ordinance and it shall be in full
force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent
with any provision of this Fortune Ordinance and its exhibits are inapplicable to the use and
development of the Real Estate, (iii) all prior commitments pertaining to the Real Estate shall be
null and void and replaced and superseded by this Fortune Ordinance, and (iv) this Fortune
Ordinance shall be in full force and effect from and after its passage and signing by the Mayor.
Section I
Applicability of Ordinance:
U 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 Fortune.
12 Development in the District shall be governed entirely by (i) the provisions of this
Fortune Ordinance and its exhibits, and (ii) those provisions of the Carmel Zoning
Ordinance specifically referenced in this Fortune Ordinance. In the event of a conflict
between this Fortune Ordinance and the Carmel Zoning Ordinance or the Sign
Ordinance, the provisions ofthis Fortune Ordinance shall apply.
1,1 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 Fortune
Ordinance.
Section 2 Planning Principles: This Fortune Ordinance is designed and planned to evoke a
sense of community typically found in older neighborhoods by producing a pedestrian-friendly
5/23/2006
environment, a mIX of residential and recreational land uses, and a respect for the natural
environment.
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2.1
2.2
2.3
2.4
2.5
Section 3
3.1
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.
The neighborhood has an identifiable node that can be a small community park,
square, "tot lot" or open space.
The design of the streets is key to a pedestrian-friendly neighborhood design.
This pedestrian-friendly design will be achieved through the connectivity of (a) a
walkway from each residence to the public sidewalk(s) located with the Right-of
Way of each street within the neighborhood; and (b) rublic sidewalks to the 10'-
wide perimeter trails along 131 sl Street and 1261 Street and the park/tree
preservation area in the center of the neighborhood to the perimeter trails. Streets
are shaded by street trees to create an environment that favors the pedestrian and
encourages bicycling. Front porches are allowed as an architectural feature on
residences to provide an open living room to encourage neighborly conversations
and add interest to the street.
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.
A neighborhood association will be established by the developer to provide
quality assurance of the community's amenities and homes as the community
matures.
Permitted Primary Uses and Intensities: Permitted uses are defined below:
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
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
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Subarea B: +1-35.76 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: +1-43.6 AC
SUB AREA A # of Units 38 DU
Area +1-7.81 AC
SUB AREA B # of Units 92DU
Area +1-35.76 AC
TOTAL AREA # of Units 130 DU
Density 2.99 DUI A
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Street Design and Open Space.
Street Design
A. Public Right-of-way ("ROW") shall be designed in coordination with the
City of Carmel Public Works.
B. Centerline separation of neighborhood streets may be less than 150 feet
with the approval of the City of Carmel Public Works Department.
C. 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.
D. All streets shall have sidewalks with a minimum width of 5 feet located
within the public ROWand that meet the requirements of the City of
Carmel's Alternative Transportation Plan to provide a pedestrian-friendly
environment within the neighborhood.
E. All streets shall meet the design standards in Exhibit C - Neighborhood
Street Sections.
F. A ten (10) foot-wide asphalt pedestrian path shall be installed within the
ROW's of 13151 Street and 1261h Street along the neighborhood's street
frontages.
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4.2
4.3
Community Open Space
A. Community Open Space shall be provided at a minimum of 15% of the
gross development area.
B. Park/Tree Preservation Area: A park/tree preservation area shall be
provided and will include a tot lot/playground and one (1) 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 preservel;h~e protected to the drip line of the
tree. Tree protection shall m~ed the requirements of the City of
Carmel. -t~ ~h\l.tl
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 r;ho~e mulched to Insure plant survivability and
reduce water requ~
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.
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a. 25 f.o.ot buffer yard from the edge .of the ROW f.or 131 sl street
(per the Clay T.ownship Th.oroughfare Plan).
b. Buffer between prop.osed t.ownh.omes and Villages .of West
Clay C.ommercial: 10 f.o.ot buffer yard al.ong the eastern
property line (all.owed t.o .overlap 2 feet int.o the alley
easement). This buffer, behind the prop.osed t.ownh.omes, shall
be planted with a c.ontinu.ous row .of evergreen trees, l.ocated 20
feet .on center, with a minimum height .of 8 feet at the time .of
planting. The buffer shall n.ot be required if buffer
requirements are currently in place for The Villages .of West
Clay al.ong this edge.
c. The tree preservati.on requirements as sh.own .on the Tree
Preservati.on Plan.
2. Sub Area B
a. 10 f.o.ot buffer yard al.ong the eastern property line (all.owed t.o
.overlap 2 feet int.o the alley easement).
b. 10 f.o.ot buffer yard al.ong the western pr.operty line.
c. 20 f.o.ot buffer yard l.ocated n.orth .of the 1261h Street ROW (per
the Clay T.ownship Th.oroughfare Plan). Overlap int.o the
drainage and sanitary easements t.o the n.orth are permitted.
d. The tree preservati.on requirements as sh.own .on the Tree
Preservati.on Plan.
B. N.o landscape buffer is required between different h.ome types .or uses
within the Real Estate .or between similar and/.or like uses .of adjacent
properties.
Single Family Standards - Sub Area B:
Single Family Residential H.omes are detached h.omes .on fee simple l.ots.
Area Requirements/Minimum L.ot Size
A. Minimum L.ot Size f.or L.ots accessed fr.om a public street: 6000 Sq. Ft.
B. Minimum L.ot Size f.or L.ots accessed fr.om an Alley: 5500 Sq. Ft.
C. Detached h.omes l.ot lines are subject t.o change from c.onceptual drawing
due t.o vari.ous product type.
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5.2
5.3
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.
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.
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.
Home~he simple, with basic elements of construction (COs
porch~after tails, windows) serving as ornament. They shoulcr
be built of materials to stand up over time, to age gracefully, a
withstand the elements: sun, rain, wind, and gravity.
B.
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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:
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, or Cedar.
3. All chimneys located on the exterior of the residences shall extend
from the ground to above the eaves and shall have masonry as their
exterior building material. All chimneys which protrude from
inside the residences shall have Hardi-Plan and/or EIFS as their
exterior building material( s).
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.
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.
E.
Roofs:
1. Acceptable materials: Architectural grade, dimensional
fiberglass/asphalt shingles, tile, slate, artificial slate, and cedar
shake. 1J ; \ t 6'f "7
2. The minimum roof pitch for all residential homes shall bQ~ ~'
unless otherwise stated. 0
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@12. '\
S ( (, ? J
4. Gutterboard overhangs shall be a minimum of 12 inches.
5. Gable fly rafter overhangs shall be a minimum of 6 inches.
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6. No exposed fireplace chimney pipes are allowed.
F.
Window and Doors:
1. 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 fa9ade material.
6. All doors shall be framed
7. All windows shall be framed with a 1 x 4 trim wrap.
8. 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-half stories, in which case it will be a requirement to put
windows on gables. Windows on garages shall also count toward
this requirement. For example: If a residence has two windows on
the side elevation of a garage, those windows shall count toward
the minimum number of windows required on the side elevation
G.
Porches:
1. A front porch will be allowed on each residence and shall be
consistent in material and architectural design with that of the
residence itself.
2. Columns shall be stylistically consistent with the architecture of
the primary structure.
3. Porches must be trimmed appropriately.
4. Porch posts, columns, and/or supports will be decorative in design
and will serve as structural support as necessary for the overall
design of the residence.
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5. Decks shall be located only in rear yards.
6. Porches should be a minimum depth of six (6) feet
H.
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 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.
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.
10. Side-load, courtyard and rear-load garages will be permitted for
residences. Front-load garages will be permitted for residences;
provided, however, that the garage door itself is recessed at least 3
feet from the front elevation of the residence.
Pools:
1. Only in-ground pools are permitted. Above ground hot tubs and
spas are permitted.
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5.4
5.5
2. Pool decks may encroach into the side and rear yard setbacks no
closer than 5 feet to the property line.
3. Pools shall be screened or fences as required to meet all safety
requirements.
Landscape Standards
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. ~E~all plant, in addition to a street tree, either one canopy tree 'with
a minimum 2.5" Cali e two understory trees with minimum 1.5"
Calipers. Tree specie should appropriate to the climate of the City of
Carmel, and the location ould e appropriate to the design of the site
and location of the home and SI 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.
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~~oUld be protected to the drip line of the
tree and should incorp . y of Carmel standards for protection.
H. Plant compositiorGh~ploy a compatible variety of plant types in
order to build a pi~~ition from property to property.
I. All landscape and grassed areas shall be within one hundred (100) feet of
a hose bib.
Lighting
A. Exterior lighting may not only serve as a strong design element but can
also provide direction and safety.
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13 Section 6.
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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 lightin should be directed inward toward the
lot and every effort should be made revent 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.
Area Requirements/Minimum Lot Size
A. Minimum Lot Size for Town Home: 2,640 SF
Lot Standards
A. Front Yard Setback: 15' Minimum.
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 corner 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: 1 to 3 stories (42 feet maximum)
H. Minimum Town Home Square Footage: 1600 SF minimum
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.
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B.
Town Homes r;h~be simple, with basic elements of construction
(colu or~ors, rafter tails, windows) serving as ornament.
The should e built of materials to stand up over time, to age gracefully,
and to WI stand the elements: sun, rain, wind, and gravity.
Front Elevations of town homes~h~e clearly articulated through
architectural details, changes in ~ materials, off sets in front
building facades, and/or vertical design elements to accentuate the
individual living units.
c.
D.
Building Walls:
1.
Simple configurations and solid craftsmanship are favored over
complexity or ostentation.
Acceptable Exterior Finishes: \!1 Brick, \llWood Siding (or
Cementitious Siding, Hardi-Board or equal)~tone, ~ Cedar.
2.
3.
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.
4.
Strong encouragement is given to designs reflecting masonry first
floor with acceptable siding second floors.
5.
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.
6.
At ~ellgt 50~ masonry is required on all .ft:em elevations of town
homes, excluding doors, windows, (9!ntilevered 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:
1. Acceptable materials: Architectural grade, dimensional
fiberglass/asphalt shingles, tile, slate and artificial slate
2. The minimum roof pitch for all residential homes shall b~l
unless otherwise stated. D
3. Roofs over breezeways, stoops, porches, etc. will be considered at
a lower pitch as long as ~e not 20% of the total roof area and
have a minimum pitch o~
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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:
1. Windows and doorsr;hould ~e square or vertical in proportion.
Transoms may be o~ 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 fa<;ade material.
6. All windows and doors shall be framed.
G.
Porches:
1. Porches and stoops are permitted.
2. Columns shall be stylistically consistent with the architecture of
the primary structure.
3. Decks shall be located only in rear yards.
H.
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.
c:wkw~
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.
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6.4
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.
Landscape Standards
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 species
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.
mulched to Insure plant survivability and
G.
Existing trees to be preserveGouid)e protected to the drip line of the
tree and should incorporate Ci~el standards for protection.
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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.
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; if no
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 of the garage
doors. At the Developer's discretion the lights may be timer controlled or
motion sensor controlled.
Section 7. Platting and Subsequent 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 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").
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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 ofthe 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 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
Fortune Ordinance, the following definitions shall also apply throughout this
Fortune Ordinance:
A. Accessory Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the main use, located on the Real
Estate or in the same building as the main use, and incidental to the main
use.
C. ADLS: Architecture, design, exterior lighting, landscaping, and signage.
D. Alley: A private street or land providing access to garages through garage
doors located in the rear of detached single family homes and/or
T ownhomes.
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Building: Any structure which is greater than three (3) feet in height,
measured from ground level.
F.
Building Height: The vertical distance from the !,Yfound level at the main
entrance to the highest ridge point of the roof structure.
G.
BZA: The City's Board of Zoning Appeals.
H.
Caliper: The diameter of the tree trunk measured 6" from the top of the
root ball of the tree.
I.
City: The City of Carmel, Indiana.
J.
Commission: The City's Plan Commission.
K.
Council: The City's Common Council.
L.
County: Hamilton County, Indiana.
M.
Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be 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 his/her authorized representatives.
Q.
Homeowners Association. A nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of the
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)
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inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
T. Right-of-Way: An area 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.
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.
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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 L. Sharp, President Pro Tempore
Kevin Kirby
Ronald E. Carter
Brian D. Mayo
Frederick A. Glaser
Mark Ratterman
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
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
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5 This Instrument prepared by: Charles D. Frankenberger
6 NELSON & FRANKENBERGER
7 3021 East 98th Street, Suite 220
8 Indianapolis, IN 46280
9 And By:
10 Greg Gamble
11 Land Design
12 135 Second Avenue North, Suite 105
13 Franklin, Tennessee 37064
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1 EXHIBIT A
2
3 Legal Description
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5 Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township,
6 Hamilton County, Indiana, described as follows:
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8 Beginning on the South line of the Southeast Quarter of Section 29, township 18 North, Range 3
9 East 13 51.40 feet South 89 decrees 03 minutes 05 Seconds West (assumed bearings) from the
10 Southeast comer of said Southeast Quarter; thence North 00 degrees 56 minutes 55 seconds West
11 8.00 feet; thence North 52 degrees 42 minutes 19 seconds East 14.45 feet; thence North 23
12 degrees 04 minutes 39 seconds East 27.27 feet; thence North 00 degrees 1453.10 feet; thence
13 South 89 degrees 25 minutes 00 seconds West parallel with the North line of said Southeast
14 107.69 feet; thence North 00 degrees 11 minutes 13 seconds East 1138.58 feet to a point on the
15 North line of said Southeast Quarter which is 1443.58 feet South 89 degrees 25 minutes 00
16 seconds West of the Northeast comer of said Southeast Quarter; thence South 89 degrees 25
17 minutes 00 seconds West on said North line 393.42 feet; thence South 00 degrees 07 minutes 05
18 seconds West 1193.76 feet; thence South 88 degrees 41 minutes 35 seconds West 153.46 feet;
19 thence South 00 degrees 34 minutes 29 seconds East 1441.57 feet to the South line of the
20 Southeast Quarter; thence North 89 degrees 03 minutes 05 seconds East on said South line
21 627.20 feet to the place of beginning. Containing 32.447 acres more or less.
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24 Also, the following described real estate:
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26 Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township,
27 Hamilton County, Indiana, described as follows:
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29 Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North, Range 3
30 East at a point 409.54 feet North 89 degrees 25 minutes 00 Seconds East (assumed bearing) from
31 the Northwest comer of said Southeast Qqarter; thence North 89 degrees 25 minutes 00 seconds
32 East on said North line 204.77 feet; Thence South 00 degrees 12 minutes 32 seconds East
33 parallel with the West line of said Southeast Quarter 1196.20 feet to a point on a line which bears
34 North 88 degrees 41 minutes 35 seconds East from a point on the West line of said Southeast
35 Quarter that is 1203.96 feet South 00 degrees 12 minutes 32 seconds East of the Northwest
36 Comer of said Southeast Quarter; thence South 88 de!,'Tees 41 minutes 35 seconds East of said
37 point on the West line of said Southeast Quarter; thence North 00 degrees 12 minutes 32 seconds
38 West parallel with said West line 1198.71 feet to the Place of Beginning.
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40 Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township,
41 Hamilton County, Indiana, described as follows:
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43 Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North, Range 3
44 East at a point 614.31 feet North 89 degrees 25 minutes 00 Seconds East (assumed bearings)
45 from the Northwest comer of said Southeast Quarter; thence North 89 degrees 25 minutes 00
46 seconds East on said North line 204.76 feet to a point 1837.00 feet South 89 degrees 25 minutes
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00 seconds West of the Northeast corner 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:lbradlZoning & Real Estate Mattersllndiana Land DevlC'annel-126th Street FortunelPUD 052306.doc
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