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HomeMy WebLinkAboutDraft Ordinance 2-16-06 1. l Sponsor: Councilor ORDINANCE NO. FORTUNE .-- - - -" - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - PLANNED UNIT DEVELOPMENT.J~I~~~~I _ _ _ _ __ 2/16/2006 ( Deleted: ( Deleted; 'I 'I I j 1 , TABLE OF CONTENTS AND SCHEDULE OF EXHmITS TABLE OF CONTENTS Page Section 1. Aoolicability of Ordinance .................................................................................................4 Section 2. Planning Principles .................... ............................. ....... ...................... ...... .............. .......... 4 Section 3. Permitted Primary Uses ......................................................................................................5 Section 4. Street Design and ODen Soace............................................................................................6 Section 5. Single Family Standards - Subarea B ................................................................................. 7 Section 6. Town Home Standards - Subarea A................................................................................. 10 Section 7. Platting.................................. ................................................................................14 Section 8. Aporoval Process ..............................................................................................................14 Section 9. Definitions and Rules of Construction........................................................................ 15 Section 10. Violations. .......................................................................................................................18 2 2/16/2006 , f . l SCHEDULE OF EXHmITS A B C D E F. G. Legal Description of Real Estate TConceptual Plan Street Standards Elevations identifying intended architectural style of detached single family residences Elevations identifying intended architectural style of Town Home Landscape Plan Tree Preservation Plan 3 2/1612006 [ Deleb!d: Regulating Sponsor: Councilor ORDINANCE NO. 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 ofLC. ~ 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 'l'ortune 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 I ,Fortune Ordinance, as an amend!llent 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, (Hi) all prior commitments pertaining to the Real Estate shall be null and void and replaced and superseded by this ,Fortune 9!dilla,!c~,- !till! _(!v) J~i~ Fortun~ Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section I Aoolicability 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 ,Fortune. Section 1.2 Development in the District shall be governed entirely by (i) the provisions of this f9~tI111~ _Qr~!'!ll!ll::~ ~11<l_ i~_ ~~hi\)its, _ an~ _ (ii) ~~s~ _I>r~y!s!o_n~ _ o( 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 of this,Fortune Qr<l!,!al1c~ ~ha!tapp!y~ _ _ _ _ _ _ __ _ _ _ _ _ _. 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 ,Fortune Ordinance. Section 2 Planning Princioles: This ,Fortu.ne QI'dJIl~n.c~ J~ <l~sigl!ed_ ~~_I>I~l!e~_ t~ _ eyolc~ !t_ sense of community typically found in older neighborhoods by producing a pedestrian-friendly 4 2/1612006 ( Deleted: 'I r Deleted:_ r Deleted:_ ( Deleted:_ [ Deleted:_ I, Deleted:_ ( Deleted:_ (Deleted: _ r Deleted:_ (Deleted: _ -[ Deleted:_ [ Deleted:_ ( Deleted:_ environment, a mix of residential and recreational land uses, and a respect for the natural environment. 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. 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 131 st 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. 2.1 2.2 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: A portion of the PUD is given the flexibility to be designed with several uses based on market demands. Permitted uses are defined below: 3.1 Sub Area A Permitted Primary Uses (Residential Uses permitted as listed below) . Attached Town Homes . Accessory Dwellings 3.2 Sub Area B Permitted Primary Uses (Residential Uses permitted as listed below) . Detached Single Family Dwellings . Accessory Dwellings 5 2/16/2006 J ( Deleted:_ 3.3 Residential Densities Permitted . Maximum Gross Residential Density for PUD: 2.99 Dwelling Units 1 Acre Subarea A: +1-7.81 acres total - Maximum number of Town Home Units Permitted: 38 Homes Subarea B: +1-35.76 acres total - Maximum number of Single Family Homes Permitted: 92 Homes PERMITTED PRIMARY USES & INTENSITIES Existing Zoning S-l Residential District (Carmel/Clay Zoning) Proposed Zoning PUD Gross Site Area: +1-43.6 AC SUB AREA A # of Units 38DU Area +1-7.81 AC SUB AREA B # of Units 92DU Area +1-35.76 AC TOTAL AREA # of Units 130DU Density 2.99 DUIA 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 C - Neighborhood Street Sections. 4.2 Community Open Space . Community Open Space shall be provided at a minimum of 15% of the gross development area. . Community Park: A community park shall be provided and will include two (2) of the following: (to be determined by the developer) 1. Tennis court 2. Playground area 6 2/16/2006 " I .section 5 3. Volleyball court 4. Basketball court . The existing tree canopy of the community is critical to the character and design of the master plan. . Existing trees to be preserved should be protected to the drip line of the tree. Tree protection shall meet or exceed the requirements of the City of Carmel. . Canopy trees shall be planted, as street trees, with a minimum 2.5" Caliper for each 50 feet of park street frontage. Trees to be planted within the right-of-way. . In addition to street trees, community parks shall have four canopy trees with a minimum 2,2" 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. 4.3 Community Buffers and Landscape . ,Attached hereto and incorporated herein by reference as Exhibit F and Exhibit G are the applicable Landscape Plan and Tree Preservation Plan. respective Iv. . PUD 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 131 st street (per the Clay Township Thoroughfare Plan). b. Buffer between proposed townJlOmes 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 town)lOmes. shall 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 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. · 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. SingJe Familv Standards - Sub Area B: 7 2/1612006 Deleted: <ll>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.'1 I Deleted: [ Deleted: ( Deleted: 'I Single Family Residential Homes are detached homes on fee simple lots. 5.1 Area RequirementslMinimum 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 are subject to change from conceptual drawing due to various product type. 5.2 Lot Standards . Front Yard Setback: 20' Minimum · Rear Yard Setback to Primary and Accessory Structures: 20' min. . Garage Setback: 1. Garages access from the street: 20' min. 2. For Alley Accessed Lots with parking permitted in driveway: Minimum 29 feet from rear property line. 3. For Alley Accessed Lots without parking permitted in driveway: Between 5 feet and 13 feet. . Side Yard Setback: 5' 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: 1. Lots between 50 feet and 61 feet in width: 1800 SF minimum 2. ,Lots greater than 61 feet in width: 1950 SF minimum . ,Maximum Lot coverage: 75% . Building Height: 1 to 3 stories, not to exceed 40 feet in height. 5.3 Architectural Standards · Single Family Residential Homes planned for this PUD shall be similar in character to the attached photographs in Exhibit D. . Homes should be simple, with basic elements of construction (columns, porches, doors, rafter tails, windows) serving as ornament. They should be built of materials to stand up over time, to age gracefully, and to withstand the elements: sun, rain, wind, and gravity. . Identical house elevations and 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, or Cedar. 3. All exterior walls will be given equal architectural treatment and design. 8 2/1612006 [ Deleted: 'I [ Deleted: 'I 7. . . Roofs: 1. 2. 3. 4. 5. 6. 7. 4. 5. 6. 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. Strong encouragement is given to designs reflecting masonry first floor with acceptable siding second floors. 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. .There shall be at least one (1) windo~ on eacht100r of each side elevation. excluding gables. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt shingles; metal heavy gauge or galvanized standing seam;.).ile:slate. ~ificJatslate. and cedarshake. _ __ _ _ _ __ The minimum roof pitch for all residential homes shall be 5:12 unless otherwise stated. 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. Gutterboard overhangs shall be a minimum of 12 inches. Gable fly rafter overhangs shall be a minimum of 6 inches. No exposed fireplace chimney pipes are allowed. All residential homes will have the same roof color. The final color will be selected by the developer. . Window and Doors: 1. Windows, window panes, 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 fa~ade material. 6. All windows and doors shall be framed. . Porches: 1. Porches and stoops are permitted. 2. Columns shall be stylistically consistent with the architecture of the primary structure. 3. Decks shall be located only in rear yards. . Garages, Parking, Driveways, and Sidewalks: 1. Parking shall be provided at two parking spaces per dwelling. 9 2/1612006 Deleted: Full masonry is required on all front elevations of residential 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 r Deleted: 'I -r Deleted: Tile; Slate and 2. 3. 4. 5. 6. 7. 8. 9. . Pools: l. 2. 3. .sA Each single family detached residence shall have a two car garage to accommodate required parking. Guest parking in drive is required on alley accessed homes. The minimum driveway length shall be.;ill 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. 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'. All garage doors shall Designer Grade. 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 3 foot wide minimum sidewalk will be provided at the main entry door of each residence. 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. 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. 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. . Each lot shall plant, in addition to a street tree, either one canopy tree with a minimum 22" 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. · All residential homes shall be provide a minimum of ten (10) shrubs, with a minimum height of 18 inches at the time of planting. . PUD Buffer and general open space landscape provided shall meet or exceed the requirements noted on Section 4.3. · No landscape buffer is required between different home types or uses within the Real Estate. 10 2/1612006 [ Deleted: 21 Deleted: <ll>Fences and garden walls:'f I. 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 fronl yards are nol permitted." 2. . Fences and garden walls in the rear yard shall be a maximum of six feet measuted from the fmished grade." 3. . Fences and garden walls within the required landscape buffer yard shall conform to the specifications set by the developer.'1l 4. . Permitted fence materials include wroughllron. painted aluminum, and wood." 5. . Permitted garden wall materials include brick or stone to match home." ." Section 6. . 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. 5.5 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. Security and flood lighting must utilize 90-degree cut-otI 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 Requirements/Minimum Lot Size · Minimum Lot Size for Town Home: 2,640 SF 6.2 Lot Standards . Front Yard Setback: 15' Minimum. · Rear Yard Setback to Primary and Accessory Structures: 20' . Garage Setback: 21' minimum from the alley pavement. · Minimum Building Separation: 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 (42 feet maximum) . Minimum Town Home Square Footage: 1600 SF minimum 6.3 Architectural Standards · Town Homes Residential Homes planned for this PUD shall be similar in character to the attached photographs or renderings in Exhibit E. 11 2/16/2006 . 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. . 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 exterior walls will be given equal architectural treatment and design. 4. Building walls in the same plane may be built of no more than four materials and may change material along a horizontal line, with the heavier material below the lighter material. 5. Strong encouragement is given to designs reflecting masonry first floor with acceptable siding second floors. 6. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. 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 . ,Roofs: 1. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt shingles; metal heavy gauge or galvanized standing seam; Tile; Slate and artificial slate 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 3: 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. 7. All residential townhomes will have the same roof color. The final color will be selected by the developer. . Window and Doors: 12 2/16/2006 [ Deleted: 'I 1. Windows, window panes, 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 fa~ade material. 6. All windows and doors shall be framed. . Porches: 1. Porches and stoops are permitted. 2. Columns shall be stylistically consistent with the architecture of the primary structure. 3. Decks shall be located only in rear yards. . Garages, Parking, Driveways, and Sidewalks: 1. 2. Parking shall be provided at two parking spaces per dwelling. Each single family detached residence shall have a two car garage to accommodate required parking. Guest parking in drive is required on alley accessed homes. The minimum driveway length shall be JQ feet. measured from the alley easement to accommodate guest parking for all residential lots. 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'. All garage doors shall Designer Grade. 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 3 foot wide minimum sidewalk will be provided from the main entry door of each residence to the public sidewalk. 3. 4. 5. 6. 7. 8. 9. . 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. 13 2/16/2006 ( Deleted: 21 4. Permitted fence materials include wrought Iron, painted aluminum, and wood. 5. Permitted garden wall materials include brick or stone to match home. 6.4 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. 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. · Each building shall have, in addition to a street tree, either one canopy tree with a minimum 22" 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. . 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. . PUD Buffer and general open space landscape provided shall meet or exceed the requirements noted on 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. 6.5 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. Security and tlood lighting: must utilize gO-degree cut-off fixtures to reduce light pollution 14 2/16/2006 . 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. . 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 A shall berequired. Platting of Sub Area B shall be permitted, but shall not be required, with respect to portions of Sub Area A;, provided,however, th~t so long ~ the proposed plat comp~ies with the area requirements set forth in Section JI 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 JI for the entirety of the Real Estate.. Section 8. T7.1 Conceptual Plan. What is attached hereto and incorporated herein by reference as Exhibit B 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"). 7.2 Plat Aooroval 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 olat aporoval of the Sub-Area B. The Director shall have sole and exclusive authority to approve, with mu: without conditions, or to disapprove any ,:>ecol1c1aTL pla~ o( $llg-J\r~l! )~;_ P!~~i~~,_ however, that the Director shall not unreasonably withhold or delay the Director's ' approval of,lhe secondary plat that is in substantial conformance with.,Sub-Area B of the Conceptual Plan. T7.3 DP/ADLS Approval of Sub-Area A. Attached hereto and incorporated herein by reference as Exhibit E are the elevations illustrating the intended architectural style of the residences 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 aoproval with respect to Sub-Area A and the Townhomes, but not for Sub-Area B or the detached single-family residences. pefinitions and Rules of Construction: 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. 15 2/1612006 [Deleted: all areas other than Townhome residential areas Deleted: upon which Townhomes are located l Deleted: 5 ( Deleted: 5 Deleted: Provided, further, that the development of any parcel shall confonn to the Development Plans which are approved or amended per the terms of Section _ below, and all other applicable requirements contained in this Ordinance. ( Deleted: 7.1.~ r Deleted: or Deleted: Secondary Plat applicable to Sub Area A or Sub [ Deleted: a Secondary Plat Deleted: the approved OP and is in confonnance 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 bearing before the Commission Fonnatted: Indent: Left: 0", First line: 0" Deleted: 7.2. Amendment to SecondarY Pial. An amendment to any Secondary Plat which is not determined by the Director to be a Substantial 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 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. Fonnatted: Indent: Left: 0", Hanging: 0.5" . . ( Fonnatted: Justified ( Deleted: Aooroval Process Deleted: Aooroval or Denial of the Primarv Plat1Develooment Plan.'Il 'I A. . Conceotual Plan. Exhibit "B", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (tbe "Conceptual Plan"). The Conceptual Plan allocates the Real Estate into Sub Area A ("Sub Area A") and Sub Area B ("Sub Area B"). The Conceptual Plan has been reviewed and approved by the Plan Commission.'1[ 'I ... 1 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. 9.2 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 PUD: 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. 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. 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. 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. 16 2/1612006 I Deleted:_ ( Deleted: _ N. pevelopment Requirements. Development standards and any requirements' specified in this ,Fortune 9~diIlanc~ _ wl!i(;h !Dust b~ sl!tisf~e~iIl c9Ilne_c!i~n_ with the approval of a Final Development Plan. o. Develooer. 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 , and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. ,& Oven Space: Define Open Space to include all pond and common areas and block areas. ~. 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. TT. Right-of-Way: An area of land permanently dedicated to provide light, air< and access. TD. 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. TW, Townhome: _ A ~~ng!e_ fl!f!lily _r~sicl~,!ce _ at!ac!t~dt() _o_n~. ()r_ ~o!~ .o~e!: , single family residence(s), each having more than one (I) story. 3:. Townhome Building:. ~_stru~~ur~ (;o'!1!li.n!ng'!'()\VIlhoIIl~s. _ _ _ . _ _ _ _ _ _ _ <: 17 2/1612006 Deleted: <ll>Plan Conceotual. A generaI 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, paIking areas, site access, drainage features, and building locations." .. <#>Develonment 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 infornuttion for the site.'1l .. ( Fonnatted: Bullets and Numbering [ Deleted:_ [ Fonnatted: Bullets and Numbering [ Fonnatted: Bullets and Numbering [ Fonnatted: Bullets and Numbering Deleted: <ll>Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another.'1l .. <#>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 Fonnatted: Indent: Left: 1", First line: 0.5", Tabs: Not at 1.5" r Deleted: Deleted: <II>~. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "An," .. . ( Fonnatted [ Deleted: ( Fonnatted ( Deleted: ( Fonnatted ~ ] r=:rm ) ~ Deleted: <#>Substantial Alteration: Any change to an approved plan of any type that involves the revision of ... 5 . r Fonnatted r:::r61J [ Deleted: 1 Fonnatted: Indent: Left: 1", No bullets or numbering Y. Trim: $offits, architraves, wood reveals, and casement around doors and' windows. I 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 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 I I . day of ,Approved by me, Mayor of the City of Carmel, Indiana, this ,2005, at o'clock_.M. James Brainard, Mayor 18 2/1612006 ( Deleted: Fonnatted: Indent: Left: 1", Hanging: 0.5", No bullets or numbering [Deleted: _ J l J ) Deleted: ..............page Breakc.-.......... ( Fonnatted: Indent: First line: 0" I Deleted: 2005 I Deleted: 'I I Deleted: 'I [ ~~~.:..~..._hge Brea~.__._......_--------- ] [ :eeted: 'I , . . ArrEST: 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 19 2/16/2006 . . EXHmIT "A" Lel!al Descriotion I H:\brad\lndiana Land DevICarmel-126th Street FortuneIPUD.o2070fi (41 It Revisi(}ll),d<>c _ .. _ _. _ 20 2/1612006 - -( Deleted: 012706 (2nd ~ ' f;. , Page 15: [1] Deleted Author 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 Sub Area A ("Sub Area A") and Sub Area B ("Sub Area B"). The Conceptual Plan has been reviewed and approved by the Plan Commission. B. DP approval of Sub Area A and Sub Area B - The Conceptual Plan shall constitute the approved development plan for Sub Area A and Sub Area B and, as such, the Developer shall not be required to return to the Plan Commission for subsequent DP approval of Sub Area A or of Sub Area B. C. ADLS Approval of detached single family residences and/or townhomes in Sub Area A and Sub Area B - Attached hereto and incorporated herein by reference as Exhibit "D" are elevations of the intended typical architectural style for detached single family residences, and attached hereto and incorporated by reference as Exhibit "E" are elevations illustrating the intended typical architectural style of townhomes, and the detached single family residence and townhomes planned for this _ PUD shall be similar in character to such elevations. 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, but shall not be required to do so with respect to detached single family residences. Such ADLS approval shall be forthcoming provided that what is proposed is consistent with the terms and conditions of this Ordinance. Section 9. Definitions and Rules of Construction: 9.1 Page 17: [2] Formatted Author Indent: Left: 1", Hanging: OS', No bullets or numbering Page 17: [3] Formatted Author Indent: Left: 1", Hanging: OS', No bullets or numbering Page 17: [4] Formatted Author Indent: Left: 1", Hanging: OS', No bullets or numbering Page 17: [5] Deleted Author 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.