HomeMy WebLinkAboutApplication
I I N A
Land Developmen
September 29,2006
City of Carmel
Department -of Community Services
One Civic Square
Carmel, IN 46032
Attn: Mike Hollibaugh, Director
RE: Withdrawal of Crook Petition / Continuance of Guerrero
Dear Mike:
In response to your email from September 25, 2006, thank you for allowing us to
withdraw our zoning petition for the Crook property, and please allow this letter to serve
as official notice of our request to have such petition withdrawn from the docket.
Regarding our zoning petition for the Guerrero parcel, we only recently became aware
that the Comprehensive Plan had been withdrawn from consideration, and we request that
our Guerrero petition be continued to November to allow us sufficient time to prepare to
move forward. Thank you.
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RECEIVED
meT - 22000_
DOCS
Eliza eth A. Hobbs
Chief Legal Counsel
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Indiana Land Development Corporation
8170 Zionsville Road. Indianapolis, IN 46268 Phone: (317) 415-0459 Fax: (317) 415-0484
Email: chobbs@indianalanddevclopment.com
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Griffin, Matt L
Subject:
Griffin, Matt L
Friday, January 06, 2006 2:21 PM
DeVore, Laura B
'Charlie Frankenberger'; Brennan, Kevin S; Brewer, Scott I; Conn, Angelina V; Hancock,
Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David
W; Morrissey, Phyllis G; Tingley, Connie S
Docket Nos. Assignment: (Z) Crook PUD (06010009 Z)
From:
Sent:
To:
Cc:
I have issued the necessary Docket Number for (Z) Crook PUD. It is the following:
Docket No. 06010009 Z: Crook PUD
PUD Application Fee:
$103 per acre x 20
Total Fee:
$2,500.00
$2,060.00
$4,560.00
Docket No. 06010009 Z: Crook PUD
The applicant seeks to rezone 20 acres from S1/Residential to PUD for the purpose of platting 40 single family homes on
20 acres.
The site is located at 2238 W. 136th Street and is zoned S1/Residential.
Filed by Charlie Frankenberger of Nelson and Frankenberger for Indiana Land Development.
Petitioner, please note the following:
1. These items will be on the January 18, 2006, agenda of the Technical Advisory Committee (TAC). Please
deliver plans to all T AC members by January 4, 2006, in order to be heard at the January T AC meeting.
2. Mailed and Published Public Notice needs to occur no later than Friday, January 27,2006. Published notice is
required within the Indianapolis Star.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, February 10, 2006. Failure to submit Informational Packets by
this time will result in the tabling of the petition to the March 21, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, February 17, 2006.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. These items will appear on the February 21, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, March 7, 2006, agenda of the Plan Commission Subdivision
Committee.
PETITIONER: refer to your instruction sheet for more detail. A Department of Community Services review letter is
forthcoming.
Mr. Frankenberger can be contacted at 317.844.0106 or fax 317.846.8782.
Thanks.
Matthew Griffin, AICP
Planning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
P 317.571.2417
f 317.571.2426
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEUCLA Y ZONING ORDINANCE
- REZONE APPLICATION -
$772.00 plus $103.00 per acre
(pUD $2,500.00, plus $103.00 per acre)
Date:
Docket No.: 0 ~ 0 1 0 0 0") z..
. Name of Owner: Andrew and Rhonda Crook Phone No.: (317) 844-9216
Fax No.: (317) 846-2991
. Owner's Address: 2288 West 136th Street. Cannel. IN 46032
. Record of Ownership: Purchase Date: 5/14/87
. Legal Description (Use additional page(s) if necessary): See Exhibit A
. Common Address of Property Involved (or General Description ifno Address Exists):
2288 West 136th Street. CanneI.IN 46032 - +/- 20 acres located on the north side of 136th Street. just east
of Towne Road
. Proposed Zoning Change: From the S-l District to the PUD District, for the property shown outlined in
red on the map attached hereto, which is made a part of this petition.
. Statement of compliance with the Cannel/Clay Comprehensive Plan (use additional pages if necessary):
See Exhibit B
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The applicant, correspondent, or agent (if different from owner or owners)
D DEVELOPMENT CORPORATION
By:
Title
Date
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Before me the undersigned, a Notary Public for LJ1. LU I U I\..-
(officer's county of residence) .
County, State of Indiana, personally appeared (aut S~rntLfl
(name~e1))
acknowledged the execution of the foregoing instrument this ~ay of "Wtrf1&!
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(printed or typed)
My commission expires:
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EXHIBIT "A"
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Exhibit A
A part of the Southwest Quarter of Section 21 , Township 18 North, Range 3 East located in Clay
Township, Hamilton County, Indiana, being bounded as follows:
Commencing at the northwest comer of the Southwest Quarter of Section 21, Township 18
North, Range 3 East; thence South 00 degrees 05 minutes 53 seconds West (assumed bearing)
1,297.22 feet along the West line of said Southwest Quarter to the southwest comer of a 40 acre
tract of land described in Instrument #5938 and recorded in Deed Record 300, page 505 in the
records of Hamilton County, Indiana; thence South 89 degrees 58 minutes 53 seconds East
672.44 feet along the south line of said 40 acre tract of land to the point of beginning of this
description; thence South 00 degrees 10 minutes 27 seconds East 1,335.15 feet to the South line
of said Southwest Quarter; thence North 89 degrees 59 minutes 21 seconds East 658.75 feet
along the South line of said Southwest Quarter to the Southeast comer of the West Half of said
Southwest Quarter; thence North 00 degrees 15 minutes 40 seconds East 1,334.82 feet along the
east line of the West Half of said Southwest Quarter to the southeast comer of said 40 acre tract
ofland; thence North 89 degrees 58 minutes 53 seconds West 668.89 feet along the south line of
said 40 acre tract of land to the POINT OF THE BEGINNING, containing 20.344 acres, more or
less.
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H:\brad\Indiana Land Oev\Crook\Owner's Consent - Crook.doc
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OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes and
directs Indiana Land Development Corporation, an Indiana corporation ("ILD"), along with its
employees, and designated engineers, land planners, attorneys, and agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions to
obtain all approvals deemed necessary by ILD with respect to the Real Estate including,
without limitation, approvals of changes in zoning classification or rezones, primary plat
approvals, secondary plat approvals, and all other approvals and permits required by the
Carmel Zoning and/or Subdivision Control Ordinance and deemed necessary by ILD to
develop the Real Estate (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the Carmel Plan
Commission and its Committees, the Carmel Council, any agency of Carmel, and any
other municipal or State agencies.
Further to this Owner's Consent and Joinder in Petitions, the undersigned (i) joins in and
ratifies all applications and petitions, if any, already filed by ILD with the Carmel Plan
Commission and the Carmel City Council in connection with the Approvals, and (ii)
acknowledges that this Owner's Consent and Joinder in Petitions shall constitute the execution
by the undersigned of all such petitions and applications filed by ILD, now or in the future, in
furtherance of the Approvals.
Date: /fJ);1::l /~S'
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t1\ndrew W. Crook
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Rhonna L. Crook
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State of Indiana
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Before me the undersigned, a Notary Public for _HCt YIlt Hon
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County, State of Indiana, personally appeared · fa (e,LU E(DO~ . ~hr\ (\ Y\O
(name ofPersoD(j2).e .
acknowledged the execution of the foregoing instrument this d...:L day of G _
~1{& My commission expires:
( AL and ature)
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Exhibit A
A part of the Southwest Quarter of Section 21, Township 18 North, Range 3 East located in Clay
Township, Hamilton County, Indiana, being bounded as follows:
Commencing at the northwest comer of the Southwest Quarter of Section 21, Township 18
North, Range 3 East; thence South 00 degrees 05 minutes 53 seconds West (assumed bearing)
1,297.22 feet along the West line of said Southwest Quarter to the southwest comer of a 40 acre
tract of land described in Instrument #5938 and recorded in Deed Record 300, page 505 in the
records of Hamilton County, Indiana; thence South 89 degrees 58 minutes 53 seconds East
672.44 feet along the south line of said 40 acre tract of land to the point of beginning of this
description; thence South 00 degrees 10 minutes 27 seconds East 1,335.15 feet to the South line
of said Southwest Quarter; thence North 89 degrees 59 minutes 21 seconds East 658.75 feet
along the South line of said Southwest Quarter to the Southeast comer of the West Half of said
Southwest Quarter; thence North 00 degrees 15 minutes 40 seconds East 1,334.82 feet along the
east line of the West Half of said Southwest Quarter to the southeast comer of said 40 acre tract
ofland; thence North 89 degrees 58 minutes 53 seconds West 668.89 feet along the south line of
said 40 acre tract of land to the POINT OF THE BEGINNING, containing 20.344 acres, more or
less.
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-LAW
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JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
of counsel
JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INmANAPOUB, INDIANA 46280
317.844-0106
FAX: 317-846-8782
December 22, 2005
Matt Griffin
City of Carmel - Department of Community Services
One Civic Square .
Carmel, IN 46032
VIA HAND DELIVERY
RE: Indiana Land Development Rezone Application to PUD Business District -
Crook Parcel +/- 20 Acres on north side by 136tb Street, just east of Towne
Road
Dear Matt:
Enclosed please find the following as it relates to the above matter:
1. An original and one (1) copy of a Rezone Application to the PUD zoning district.
2. Five (5) copies of the proposed PUD, including the following exhibits:
a. Regulatory plan;
b. Street sections; and
3. Five (5) copies of proposed elevations.
After you review the enclosures, please advise me of the filing fees for the above-
referenced applications. As usual, thank you for your cooperation and assistance in this matter,
and contact me with any questions.
Very truly yours,
NELSON & FRANKENBERGER
C",--
Charles D. Frankenberger
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Enclosures
H:\brad\Indiana Land Dev\Crook\Griffm 122205.doc
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Sponsor: Councilor
ORDINANCE
NO.
PLANNED UNIT DEVELOPMENT
DISTRICT
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TABLE OF CONTENTS
AND SCHEDULE OF EXIllBITS
TABLE OF CONTENTS
Section 1. Al'plicability of Ordinance ....................................... ............. ............................................. 4
Section 2. Planning Principles ........ ..................... ........... .......... ..................... ..................... ................ 4
Section 3. Permitted Primary Uses ...................................................................................................... 5
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Section 4. Street Design and Open Space ................ ....................................... ......... ..... ...................... 6
Section 5. Single Fmnily Standards ...................... ..................... ..................... ..................... ................6
Section 6. Platting.................................. ................................................................................10
Section 7. Approval Process .............................................................................................................. 10
Section 8. Definitions and Rules of Construction ........................................................................10
Section 9. Violations .............................................. .................................................... .............. ........ 13
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SCHEDULE OF EXHIBITS
A Legal Description of Real Estate
B Regulating Plan
C Street Standards
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Sponsor: Councilor
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISmNG THE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z-289 (the "Carmel Zoning
Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements ofI.C. ~ 36-7-4-1500 et seq.;
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WHEREAS, the Carmel Plan Commission (the "Commission") has given a favorable
recommendation to the ordinance set forth herein (the" Ordinance") which establishes
a Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC ~36-7-4-1500 et seq., it adopts this
Ordinance, as an amendment to the Carmel Zoning Ordinance and it shall be in full
force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent
with any provision of this Ordinance and its exhibits are hereby repealed, (Hi) all prior
commitments pertaining to the Real Estate shall be null and void and replaced and superseded by
this Ordinance, and (iv) this Ordinance shall be in full force and effect from
and after its passage and signing by the Mayor.
Section 1
Applicability of Ordinance:
Section 1.1 The Official Zoning Map of the City of Carmel, a part of the Carmel
Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the
"Real Estate"), as a Planned Unit Development District to be known as
Section 1.2 Development in the District shall be governed entirely by (i) the
provisions of this Ordinance and its exhibits, and (ii) those provisions of the
Carmel Zoning Ordinance specifically referenced in this Ordinance. In the
event of a conflict between this Ordinance and the Carmel Zoning Ordinance
or the Sign Ordinance, the provisions of this Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
Section 2 Planning Principles: This Ordinance is designed and planned to evoke a
sense of community typically found in older neighborhoods by producing a pedestrian-friendly
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environment, a mix of residential and recreational land uses, and a respect for the natural
environment.
2.1
2.2
2.3
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2.4
2.5
2.6
Section 3
3.1
3.2
This Ordinance is a comprehensive planning and design development
tool intended to insure that the community infrastructure is an integrated system,
and will be a guide for the work of land developers, design consultants, builders,
and the City in such a way that development, though incremental, does not
become fragmented.
The neighborhood has identifiable nodes that can be small landscape parks,
squares, or open space. Small play areas and community open spaces close to
most dwellings create meeting places for residents and children that provide a
setting for social interaction.
The neighborhood is walkable and pedestrian friendly. All neighborhood streets
have sidewalks that provide convenient routes to parks and adjacent communities.
The design of the streets is key to a pedestrian friendly neighborhood design.
Streets are shaded by street treeS to create an environment that favors the
pedestrian and encourages bicycling. Front porches on the homes are encouraged
and provide an open living room to encourage neighborly conversations and add
interest to the street.
Where the garage is on the front of the home, the. garage should be recessed back
from the front elevation.
Visitors use on-street parallel parking in front of the homes and are welcomed by
open verandas and inviting front porches.
Permitted Primary Uses and Intensities: Permitted uses are defined below:
Permitted Primary Uses (Residential Uses permitted as listed below)
. Detached Single Family Dwellings
. Accessory Dwellings
Residential Densities Permitted
. Maximum Gross Residential Density for PUD: 1.96 Dwelling Units 1 Acre
- Maximum number of Single Family Homes Permitted: 40 Homes
PERMITTED PRIMARY USES & INTENSITIES
Existing Zoning S-l Residential District (Carmel/Clay Zoning)
Proposed Zoning PUD
# of Units 40DU
Density 1.96 DU/A
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Section 4
Street Desi~ 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 of5' 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.
. 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 barriers should be installed by utilizing wood
stakes/agricultural metal fence posts at 8 feet on center with minimum
four foot metal fence located at the at the drip-line of the tree.
. Canopy trees shall be planted, as street trees, with a minimum 2.5" Caliper
for each 50 feet of park street frontage. Trees to be planted within the
right-of-way.
. In addition to street trees, community parks shall have four canopy trees
with a minimum 2" Caliper, or two understory trees with minimum 1.5"
Calipers, for every acre of open space.
. Landscape beds should be mulched to insure plant survivability and
reduce water requirements.
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4.3 Community Buffers and Landscape
. A landscape plan shall be submitted to the Commission for its approval
with the ADLS submittal and, absent any waivers or variances, shall
comply with the requirements of the Zoning Ordinance.
. PUD Buffers provided shall meet or exceed the following requirements:
a. 50 foot buffer yard from the edge of the ROW for 136th Street.
Section 5 Single Familv Standards: Single Family Residential Homes are detached homes
on fee simple lots.
5.1 Area Requirements/Minimum Lot Size
. Minimum Lot Size for Lots accessed from a public street: 10,000 Sq. Ft.
. Detached homes lot lines shall be subject to change from con,ceptual
drawing due to various product type.
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5.2 Development Standards
. Front Yard Setback: 20' Minimum
. Rear Yard Setback to Primary and Accessory Structures: 25'
. Garage Setback:
1. For Street Accessed Lots: Garage should be recessed behind the
primary structure front elevation approximately 4 feet.
. Side Yard Setback: 10' Minimum
. Maximum Lot coverage: 75%
. Building Height: 1 to 3 stories, not to exceed 40 feet in height.
5.3 Architectural Standards
. Homes should be simple, with basic elements of construction (columns,
porches, doors, rafter tails, windows) serving as ornament. They should
,c' 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, Vinyl Siding
3. All exterior walls will be given equal architectural treatment and
design.
4. Building walls in the same plane may be built of no more than two
materials and may change material along a horizontal line, with the
heavier material below the lighter material.
5. 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.
. Roofs:
1. Acceptable materials: Architectural grade, dimensional
fiberglass/asphalt shingles; metal heavy gauge or galvanized
standing seam; Tile; Slate and artificial slate
2. Roofs over breezeways, stoops, porches, etc. will be considered at
a lower pitch as long as they are not 20% of the total roof area and
have a minimum pitch of 4:12.
. Window and Doors:
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1. Windows, window panes, and doors shall be square or vertical in
proportion. Transoms may be oriented horizontally with panes that
match other opening configurations.
2. Exterior shutters are permitted and encouraged.
. Porches:
1. Porches and stoops are encouraged and are central to the character
of the community. They provide a safer neighborhood by placing
"eyes on the street."
2. Openings between piers, posts, and porch columns shall be square
or vertical in proportion.
3. Columns shall be stylistically consistent with the architecture of
the primary structure.
4. Decks shall be located only in rear yards.
. Breezeways, connecting detached garages to the primary structure, are
permitted, and shall have design elements including roof, eave, fascia, etc.
to match the primary structure.
. Garages, Parking, Driveways, and Sidewalks:
1. Parking shall be provided at two parking spaces per dwelling.
2. Each single family detached residence shall have a two car garage
to accommodate required parking.
3. 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.
4. Minimum garage bay width shall be 20'.
5. 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.
6. A walk connecting the public sidewalk to the front porch/door of
the home shall be constructed.
.
Pools:
1.
Only in-ground pools are permitted. Above ground hot tubs and
spas are permitted.
Pool decks may encroach into the side and rear yard setbacks no
closer than 5 feet to the property line.
Pools shall be screened or fences as required to meet all safety
requirements.
2.
3.
. Fences and garden walls:
1. Fences in the front yards adjacent the front street and side street
where applicable, shall have a setback from the property line of 12
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inches and a maximum height of 42 inches. Walls in the front
yards are not permitted.
2. Fences and garden walls in the rear yard shall be a maximum of six
feet measured from the finished grade.
3. Fences and garden walls within the required landscape buffer yard
shall conform to the specifications set by the developer.
4. Permitted fence materials include wrought Iron, painted aluminum,
and wood.
5. Permitted garden wall materials include brick or stone to match
home.
5.4 Landscape Standards
. Each lot shall plant a canopy tree, as a street tree, with a minimum 2.5"
Caliper for each 50 feet of street frontage. Tree to be planted within the
right-of-way between the sidewalk and back-of-curb. Tree species to be
coordinated by the developer.
. Each lot shall plant, in addition to a street tree, either one canopy tree with
a minimum 2" Caliper, or two understory trees with minimum 1.5"
Calipers. Tree species should be appropriate to the climate of the City of
Carmel, and the location to should be appropriate to the design of the site
and location of the home and site appurtenances.
. PUD Buffer and general open space landscape provided shall meet or
exceed the requirements noted on Section 4.3.
. 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.
Section 6. Approval Process
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6.1 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 has been reviewed and approved by the Plan Commission, and
constitutes the approved Primary Plat, such that no further primary plat approval
shall be required.
6.2 Secondary Plat Approval. The Director shall have sole and exclusive authority to
approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay the
Director's approval of a Secondary Plat that is in substantial conformance with
the approved Comprehensive Plan and is in conformance with the development
requirements of this _ Ordinance. If the Director disapproves any Secondary
Plat, the Director shall set forth in writing the basis for the disapproval and
schedule the request for hearing before the Commission.
6.3 Amendment to Secondary Plat. 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
Material Alteration from the approved Comprehensive Plan, 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.
Section 7. Definitions and Rules of Construction:
7.1 General Rules of Construction. The following general rules of construction and
definitions shall apply to the regulations of this Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
c. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
7.2 Definitions. In addition to defined words and terms found in other sections of this
Ordinance, the following definitions shall also apply throughout this _
PUD:
A. Accessory Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the main use, located on the Real
10
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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
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.
N. Plan. Conceptual. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations.
o. Development Plan. Final. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screening and
building information for the site.
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P. Development Reauirements. Development standards and any requirements
specified in this Ordinance which must be satisfied in
connection with the approval of a Final Development Plan.
Q. Developer. Indiana Land Development, LLC and its successors and
assigns.
R. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
S. Homeowners Association. A nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of the
, and to manage, maintain, and repair the common areas within
the Real Estate and any improvements located thereon.
T. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
V. Minor Alteration: . Any change to an approved plan of any type that
involves the revision ofless than ten percent (10%) of the plan's total area
or approved materials.
VA Open Space: Define Open Space to include all pond and common areas
and block areas.
v. Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (18)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
W. Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
x. Right-of-Way: An area ofland permanently dedicated to provide light, air
and access.
Y. Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of determining Set Back, the perimeter
boundary of the Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
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Z. ~: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
AA. Substantial Alteration: Any change to an approved plan of any type that
involves the revision often percent (10%) or more of the plan's total area
or approved materials.
BB. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 9. Violations. All violations of this
34.0 of the Carmel Zoning Ordinance.
Ordinance shall be subject to Section
,~
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PASSED by the Common Council of the City of Carmel, Indiana this _ day of
, 2005, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Ronald E. Carter, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the
,2005, at o'clock .M.
day of
Diana L. Cordray, IAMC, Clerk Treasurer
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12/22/2005
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Approved by me, Mayor of the City of Carmel, Indiana, this
,2005, at o'clock .M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
.,,S,::.
This Instrument prepared by: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
And By:
Greg Gamble
Land Design
135 Second Avenue North, Suite 105
Franklin, Tennessee 37064
H:\brad\Indiana Land Dev\PUD 122205(2).doc
15
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H:\Janet\ILD 121- \PUD Draft 06100S.doc
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EXlDBIT "A"
Lee:al Description
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TOTAL SITE AREA, +1- 20.37 ACRES
DENSITY. +1-t98 DUlAC
TOTAL RESIDENTIAL UNITS. 40
OPEN SPACE AREA. +1- 2.78 ACRES
SINGLE FAMILY.
LOT SIZE. 80'X130' MIN.
BUILDING ENVELOPE.8S'X8S'MIN.
FRONT SETBACK. 20'
SIDE SETBACK. 7.5'
REAR SETBACK. 25'
CORNER STREET SETBACK, IS'
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STI&T STANlAADS
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INDIANA LAND DEVEUJPMENT CORP
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Indiaoopolil, Indiono 46268
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CROOK PROPERTY
SITE PLAN 'A'
CARMEL INDIANA
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Edsel Charles Market Demographics
10%
60/0
40A>
3% - 20/0
2--1.%
240/0
02% - Under $125
D 240/0 - $225/275
.60/0 - $425/625
.210;0 - $125/175
D 10% - $275/325
11140/0 - $625/825
0220/0 - $175/225
D 80;0 - $325/425
'"
.30;0 - $825 and above }
3/30/2006 ~
~~
03.16.06_3005104
NEIGHBORHOOD PARK - CARMEL. INDIANA
Prepared for:
INDIANA
Land Developmenl
LandDesign .
CROOK PROPERTY
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