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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for the Crook property, and please allow this letter to serve as official notice of our request to have such petition withdrawn from the docket.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our zoning petition for the Guerrero parcel, we only recently became aware that the Comprehensive Plan had been withdrawn from consideration, and we request that our Guerrero petition be continued to November to allow us sufficient time to prepare to move forward.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. ~ RECEIVED meT - 22000_ DOCS Eliza eth A. Hobbs Chief Legal Counsel "- ", \ , \ \ \ '\ ".... ---~-- -- Indiana Land Development Corporation 8170 Zionsville Road. Indianapolis, IN 46268 Phone: (317) 415-0459 Fax: (317) 415-0484 Email: chobbs@indianalanddevclopment.com I I 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 1 i~ 4'.t 11 " u o 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 ",-,,",. ~ VV~ ~ '&~ {?; ~rv S ~ ~ ~ <::5 \ ~ w (;) The applicant, correspondent, or agent (if different from owner or owners) D DEVELOPMENT CORPORATION By: Title Date .2crnr(l. E:<p~ (l4-.1J.-0;; Cjj"r.;[ t,/jiLl"r:::; Pes. of ~1i~3rjc!n (;':'. State of Indiana County of r/.... ar I~ ) ) SS: ) 1\ J /J ,r}"rJ 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&! (sQffs~~lM ; tl/1G f'JL ~ J I if (printed or typed) My commission expires: ~'I{rD1 EXHIBIT "A" ~ ~ . ~ b ~ ~~ ~ r~l)" r- ~ s:? <\S ~~ and ,2005. ~:., . " . , (.) (,) 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. ~ ~ .#~ , ~ ~l\,l\, ~ ~ ~r::s H:\brad\Indiana Land Oev\Crook\Owner's Consent - Crook.doc 2 ';' .. o o 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' / I ~~;V ~ t1\ndrew W. Crook Date:~ ~~ Rhonna L. Crook er State of Indiana ) B ' '\v ) SS: County of a VV\ \ , (\ ) Before me the undersigned, a Notary Public for _HCt YIlt Hon a . (Not~'s cOtu;lty jreSidenCe) 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) Croq~~_ and ,2005. tis ~~ ~<v~~ ~~ ~~ ~<(.,~ \)to<VS .-- === .... .~l_~~ ~ t' .. o o 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. \). VV' ~<S> ~~'V~ ,$.., <{i'<''\.>v ,~,.:\)-. '\' "),. t> RJ't. ~~ ''VJ~'\;S H:lbradlIndiana Land DevlCrooklOwner's Consent - Crook doc 2 .-'" w NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW u 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 ~~ ~~ ~ ~~ ~~~~ ~ CDFIbd Enclosures H:\brad\Indiana Land Dev\Crook\Griffm 122205.doc r, Q Q Sponsor: Councilor ORDINANCE NO. PLANNED UNIT DEVELOPMENT DISTRICT It:;::J ~ ~...~ & 'N {tj ~ ta~[J J!:€c.:,~ ~~ 12/22/2005 ; w o 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 '.::0-. 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 2 12/22/2005 u SCHEDULE OF EXHIBITS A Legal Description of Real Estate B Regulating Plan C Street Standards o 3 12/22/2005 u Q 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.; ..~" 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 4 12/22/2005 ( o Q environment, a mix of residential and recreational land uses, and a respect for the natural environment. 2.1 2.2 2.3 ,o:~. 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 5 12/22/2005 o o 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. ,.!:;:. 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. 6 12/22/2005 o Q 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: 7 12/22/2005 o Q 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 8 12/22/2005 u u 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 9 12/22/2005 o o 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 12/22/2005 u o 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. 11 12/22/2005 u Q 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. 12 12/22/2005 u Q 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 ,~ 13 12/22/2005 u Q 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 14 12/22/2005 o Q 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 12/22/2005 u H:\Janet\ILD 121- \PUD Draft 06100S.doc ,.;,~ EXlDBIT "A" Lee:al Description 16 u 12/22/2005 -'-- .-.-. C); C) ... i~ '~ I,. e i,,( , 'l . ',}, "~ '.'] I i ./ I N 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' DEVELOPMENT PROGRAM " .....- ___\.If - - - -......... ----- aJCIIIUI--- CD un.. L@ L@ r @I- I ___;. .J."~"~ .~' ---...~ j~@ ,,~ ''ll ~.L.2 rtlua" "'SlIID ..... IU ua I I, I I 'II !I' il!!!I. ~ ~~!~ of..! !~~S ~d~i "H" ~ 41 Cl.. a:: 8 ... :0: SJ ill ~ 5 ~ J~ ,.. @; ~ II it! ~ ~H~ i ~ ~~J ~ ~ ~ -. .:!lMS1MG;H.CI o.IS'oIJSl_"l: RP ....... 'O;13-2mIO ! ... ~ .. i = ~ 11! ; ii'i I., , il . Nil !lS ~ ! II' ~;u ~l; ~'i 0 i !IE @ _ . i ; . .1 E - ! I . I . 8 : I .-. ! j!: 'jl'" I.; iilii fi I -, IIi .. i Iii ; i il I,!I 'I i ! - l' i STI&T STANlAADS llIEL8OIII! ROAD SITE INDIANA LAND DEVEUJPMENT CORP 8170 Z"f1)nSlliUe Rood Indiaoopolil, Indiono 46268 6- ._*- 1172 GAiIoHAM ROAO ._- INDIANAPOlIS. INDIANA 462~ : ::-"'~I(r'" (In) 842-6771 fAll (JI1) &11-.798 ..-__ [-1,101 cr~'''.''~ . --..-- ~.~ -. ~1' 1.1 J ill ,! ;i~, Iii . ~ ~~ ~;D ~ Iii II Ii" [i iWI !: i' i i !I n ii ; ! STREET STANlARDS CROOK PROPEllTY INDIANA LAND DEVEUJPMENT CORP 8170 Zionlwille Rood IndionapoflS, Indiana 46268 ~g; ~ Iri ~ OO! i -= -. _ It "'!lill - ! ~ 'j' ; '. ~I l ~ ill ! Ii E., ! 'I! q ... !i ! 6- ._E_ ~ ~ - 7172 (;It4HAY ROAD .__ IN()IAHAPOl.IS, INOIAftA 46250 .~-'".... .. 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I I ! i I II I I I I I I I f..';Z, I iil .. i I 1, _~ i -...-.... .,- _m - -- - - - - __._,...... - _ _ _ _ _ ___.., _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __....._ _ _ _ _ _ _ _ __ --L _ __ I L DEVELOPMENT PROGRAM TOTAL SITE AREA: +1-20.37 AC DENSITY: +1-1.96 DU/A TQTAb R~~IQ~NTIAb h!NIT~: 'lQ SINGLE FAMILY: LOT SIZE 80' X I 30' m;n. BUILDING ENVELOPE: 65' X8S' min FRONT SETBACK 20' siDE SETBACK'; 5' REAR SETBACK 2S" CORNER STREET SETBACK 15' 'I' I) J ~ \ . '. /"..J......, , \', /.. r /. \ : : '1t-'--------------,--~ --j ~ '1-/- ~,,', ",.' ..:'/g<<!'J' /', I I I I ~.,:.. I' '.." i). ',,- --"---"'<:'_'C?"'. -< \ , I I r __ 1 !, )( '.... r-__ _~ /~~.......::. \ I I , I /,_' ,I I '---T---'" r'./., /1 "j --' ...... ",_, .._-.1.-----1 , I I , tD\\ I I I I r--~"'., \ ,-/ ~ f I i ...____-"'''i' , ,:::,..:c. , I I : ) ! \ \ \ : 1 : :;/"f' "'-'-,.};. " ; , ',< . \ / I / i \ \/'....... .... : , (j '~ i I I . I ( I ',.......... I J l \ ........ -/ I ,-/ t , I I (' , I~'" I "::/' . L. 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'. ~f'~.;. \ -~I ilj ~,( 1~',,: 1 ~'~~~~1'c~i ~Ii: ,_~'J/J ) _ "\ ~~'ON! ~.. j p=cL-c-c-~(-~=-=c,~u~- .~ ~~~,~_~-_~ -.~ :~~'F\~~r~ ;'~~;~:;~ -n---~.,Ii" -, (ftl O:,\.~ ,(-<~~ . I ~_.... ::~ "'" ", (j' ( i i '\' L/-"', / ~j\& -.1. ..~ I ~ ~ ~ \J ~ \ ',: I f~.ili! OJ - · ~j--cr~\"'-- ip i 11\ ~~t---", 1 ,.,--- -'\, \: i \:1,': ," \ : \~ < : \ I /J I "" ~ '\ \ I 1--',.1 LandDesign~ CROOK PROPERTY SITE PLAN 'A' CARMEL INDIANA f1' -t\J j ~ OR'\: 11.28.05#3005104 o 100 200 300 - I ....' SCALE: 1"= I 00' " \ \ " , i " t , \ " l o "'-t , ' ",\}.. ~\I. {' o ... \ , \ \ 'l 1. f- 1\ j' o 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 .ji& ,O\v \.eJ.>> ~ 1;'IJ t>