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HomeMy WebLinkAboutApplication {':'., v Q PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE (REZONE APPLICATION) Name of Owner: Address of Owner: William F. Price 121 Second Ave. NE Carmel, Indiana 46032 Date: September 21. 2001 Docket No.: Record of Ownership : Instrument No. 9809819202; Purchase Date: 1998 Legal Description (Use additional page[s] if necessary): Please see attached Exhibit "A". Common Address of Property Involved (or General Description ifno Address Exists): 4927 East 146th Street. Carmel. Indiana 46033 (Southeast corner of 146th Street and North Gray Road) Proposed Zoning Change: From the S-l/Residence District to a Planned Unit Development District, for the property described in the attached legal description, which is made a part of this petition. Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages ifnecessary): The proposed rezone complies with Section 1.6. "High-Intensity Residential Area Policies" of the Growth Policies Plan. Chapter 5. ofthe 20120 City of Carmel/Clay Township Comprehensive Plan. (, .. -.. ~ u Page 2 Rezone Application AFFIDAVIT The undersigned, being duly sworn, depose and say that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. The applicant, correspondent, or agent (if different from owner or owners) Attorney for Hearthview, LLC 12 ancoc treet Carmel, Indiana 46032 (317) 848-4885 September 21, 2001 Date State of Indiana ) ) SS: County of Hamilton ) My commission expires: Cf !-) .., Jof1 (Yf t!.u- : U""' County of Residence j.- '1 .-' ~ C,) Exhibit" A" Legal Description Beginning 127 3/11 rods west of the northeast comer of the northwest quarter of Section 21, Township 18 North, Range 4 East, thence south 80 rods, thence west to the west line of said Section 21, thence north to the north line of Section 21, thence east to place of beginning. EXCEPT: A part ofthe northwest quarter of Section 21, Township 18 North, Range 4 East, more particularly described as follows: Begin 1158.68 feet south of the northwest comer of said Section 21 and run thence south 161.32 feet, thence east 556.50 feet, thence north 161.32 feet, thence west 556.50 feet to the place of beginning. ALSO: Beginning at a point 107 rods and 4 Y2 feet west of the northeast comer of the northwest quarter of Section 21, Township and Range aforesaid and running thence west 20 rods, thence south 40 rods, thence east 20 rods, thence north 40 rods to the place of beginning, in Clay Township, Hamilton County, Indiana. 1 ~ -,- - ll--\~; ~ - U draft 09/21/01 ORDINANCE NO. z- NORTH GRAY ROAD AND 146TH STREET PLANNED UNIT DEVELOPMENT DISTRICT .' \"' (D (;) Droji 9-.21-01 Ordinance No. Z- AN ORDINANCE ESTABLISHING THE NORTH GRAY ROAD AND 146TH STREET PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, (the "Carmel/Clay 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.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to I.C. ~ 36-7-4-1500 et seq., it adopts this ordinance, (the "Ordinance"), as an amendment to the Carmel/Clay Zoning Ordinance. Section 1 Applicahility of Ordinance' Section 1 1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit 'A', (the "Real Estate"), as a Planned Unit Development District. Section 1 2 Development in the Planned Unit Development District shall be governed entirely by the provisions of this Ordinance, with the exception that provisions of the Carmel/Clay Zoning Ordinance specifically referenced within this Ordinance and in effect on September 21,2001, shall also apply. Section 1 1 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on September 21, 2001. Section 1 4 If conflict occurs between the approved Development Plan and this Ordinance, the approved Development Plan shall control. Section 2 Pennittedl Jses' The Permitted Uses shall be the following: Home Occupation Multiple-Family Dwelling Condominiums Private Recreational Development or Facility Section 1 Accessory Buildings and 1 Jses' Accessory uses are permitted but any detached accessory building shall be architecturally compatible with the principal building(s) with which it is associated. T w o Drafl 9-21-0 j Planned Unit Development Ordinance - Hearthview, LLC: Nortb Gray Road Section 4 Heie}1t and Area Requirement~. Section 4 1 Maximum Ruilding Height: Two (2) Story Residential Uses: Thirty five (35) feet not including the height of any walkout basements. Private Recreational Facility: Thirty-five (35) feet Section 4 2 Minimum Front Yard' Thirty (30) feet, measured from the Gray Road and 146th Street rights-of- way. Section 4 1 Minimum Side and Rear Y ard~: Section :'i East Property Line: Twenty (20) feet7. South Property Line: As shown on Ite Pl.. . T ,and~caping Requirements' ~b Section :'i 1 T ,andscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as part of the Rezone application. This plan shall be drawn to scale, including dimensions and distances; shall delineate all existing and proposed structures, private parking areas, walks, ramps for the handicapped, terraces, driveways, signs, lighting standards, storm water facilities and other similar structures; and shall delineate the location, size and description of all landscape material and the method to be used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas and storm water areas shall be designed as an integral and coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the approval of the Commission. Areas In be Landscaped: v~~ "'~ ~~ IfI'IIl Greenhelt A greenbelt shall be e~shed per the Site Plan along the Gray Road and 146th Street frontages. Section S 2 A. B. Screening Areas. All air conditioning units, HV AC systems, exhaust pipes or stacks, overhead doors, outside storage areas, and satellite dishes shall be integrated into the overall building design or screened from the right-of-way and adjoining residential zones or uses using walls, fencing, parapets, penthouse screens, landscaping, camouflage, or other approved method. 2 f ., w w Draft 9-21-01 Planned Unit Development Ordinance - Hearthview, LLC. North Gray Road Section'; '1 I.andscapine Standards A. All plant material proposed to be used in accordance with any Landscaping Plan shall meet the following specifications: 1. Shade trees: a minimum trunk diameter of one and one-half (1 'i2) inches at six (6) inches above grade, a minimum height of eight (6) feet, and a branching height of not less than one-third (1/3) or more than one-half ('i2) of tree height. 11. Ornamental trees: a minimum trunk diameter of one and one-half (1 'i2) inches at six (6) inches above grade, a minimum height of six (6) feet, and a branching height of not less than one-third (1/3) or more than one-half (12) of tree height. 111. Evergreen trees: a minimum height of six (6) feet, and a width of not less than three-fifths (3/5) of the height. IV. Deciduolls shmhs: a minimum height of eighteen (18) inches, no less than six (6) main branches upon planting, and a mature height no greater than thirty-six (36) inches. v. Evergreen shmhs: a minimum height and spread of eighteen (18) inches, maximum mature height of thirty-six (36) inches. Section'; 4 Landscaping Installation and Maintenance' A. Installation. All landscaping approved as part of the Landscaping Plan shall be installed for a particular Site Plan prior to the issuance of a Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for an amount equal to the total cost of the required landscaping not yet installed. B. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping approved as part of the Landscaping and Development Plans in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. C. Changes after Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval. However, minor 3 J" ., Section (i Section 7 B. Section 8 w o Draft 9-21-01 Planned Unit Development Ordinance - Hearthview, LL2:' North Gray Road material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. D. Tn"pection. The Director may visit any tract within the Planned Unit Development District to inspect the landscaping and check it against the approved plan on file. Parking Requirement". A. Spaces required: Two parking spaces per unit located in the driveway in front of each unit. u~ ,..:0..' Space dimensions: 9'0" V .~ B. E. All parking lots and drives shall be paved with asphalt or concrete. T .ighting Requirement". A. Design. All lighting standards, including those on buildings, security lights and architectural lights within the development area shall be of uniform design and materials. Intensity. Lighting shall not cause illumination beyond any residential lot line or road right-of-way line in excess of 0.1 foot candles of light. Lighting shall not cause illumination beyond any non-residential tract or parcel line or road right-of-way line in excess of 0.3 foot candles of light. A. A ign plan for the proposed development shall be submitted to the Commission or its approval as part of the Rezone application. Should an approve gn plan be replaced with a new design, the amended sign plan must go he Commission for review and approval. B. Permitted Signs The permitted signs for the Real Estate shall be those allowed by Ordinance Number Z-302. , Approval or Denial of the Site Plan: The Director shall approve without conditions, approve with conditions, or disapprove the Site Plan for any project on the Real Estate. Provided, however, that the Director shall not unreasonably withhold or delay his/her approval of a Site Plan that is in conformance with this Ordinance and the Cannel/Clay Zoning Ordinance. If the Director disapproves the Site Plan for any project on the Real Estate, the Director shall set forth in writing the basis for the disapproval. "r( LIIf. ....."y &-i '[)r" l~1l' f'~ ~ $~ ~"" .. ~ o Drafi 9-21-0 I Planned Unit Development Ordinance - Heartbview, LLC:' North Gray Road B. An amendment to a Site Plan which does not alter the use of any land may be reviewed and approved by the Director. However, any interested party may appeal the decision of the Director directly to a Committee of the Commission. c. The Site Plan shall be a specific plan for the development of real property that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building locations for a site on the Real Estate. Section 1 0 Violations ofOrdimmce. All violations of this Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2002, by a vote of _ ayes and _ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby, President N.L. Rundle John Koven Robert Battreall Luci Snyder Ronald Carter Wayne Wilson ATTEST: Diana Cordray, lAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the _ day of ,2002. Diana L. Cordray, lAMC, Clerk-Treasurer 5 ... Q.) o Draft 9-21-01 Planned Unit Development Ordinance - Hearthview. LLC:' North Gray Road Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 2002. J ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer 6 w (,) Exhibit" A" Legal Description Beginning 127 3/11 rods west of the northeast comer of the northwest quarter of Section 21, Township 18 North, Range 4 East, thence south 80 rods, thence west to the west line of said Section 21, thence north to the north line of Section 21, thence east to place of beginning. EXCEPT: A part of the northwest quarter of Section 21, Township 18 North, Range 4 East, more particularly described as follows: Begin 1158.68 feet south of the northwest comer of said Section 21 and run thence south 161.32 feet, thence east 556.50 feet, thence north 161.32 feet, thence west 556.50 feet to the place of beginning. ALSO: Beginning at a point 107 rods and 4 ~ feet west of the northeast comer of the northwest quarter of Section 21, Township and Range aforesaid and running thence west 20 rods, thence south 40 rods, thence east 20 rods, thence north 40 rods to the place of beginning, in Clay Township, Hamilton County, Indiana.