HomeMy WebLinkAboutApplications
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NELSON & FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLATI
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317-844-0106
FACSIMILE: 317-846-8782
www.nf-Iaw.com
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
JESSICA S. OWENS
Of Counsel
JANE B. MERRILL
November 15,2006
Carmel Dept. of Community Services
Attn: Mike Hollibaugh
One Civic Square
Carmel, IN 46032
RE: Courtyards at Carmel Creek Docket No. 06080034 Rezone - 06080035 ADLS
Courtyards at Carmel Creek
Dear Mike: ";, \';-"~-~;'-";' .
Please show the above-referenced matter as withdrawn. Should you have any!~~~ ~~\.~ ~,
or comments regarding this, please do not hesitate to call me. Thank you. -=-\] ~t\v \ ~ l~~t,). f~ "
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Very truly yours, 'I .:~,,,; ~~~~. ~~~I
NELSON & FRANKENBERGER .: :/ "
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CharlesD.Frankenberger
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Holmes, Christine B
From:
Sent:
To:
Holmes, Christine B
Wednesday, August 30, 2006 3:06 PM
Mast, Darren (dmast@carmel.in.gov); Brennan, Kevin S (kbrennan@carmel.in.gov); Weddington, Trudy A.;
Blanchard, Jim E; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Dolan, Veronica A; Griffin, Matt L; Hancock,
Ramona B; Hohlt, William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N;
Littlejohn, David W; Mindham, Daren; Ochs, James A; Ryg, Karyn; Schriner, Adam J; Stewart, Lisa M; Tingley,
Connie S
Cc: 'Charlie Frankenberger'; 'Gary Merritt'
Subject: Docket Nos. Assignment (Rezone/ADLS): Courtyards at Carmel Creek (06080034 Rezone/06080035 ADLS)
I have issued the necessary Docket Numbers for (Rezone/ADLS) Courtyards at Carmel Creek. They are the following:
Docket No. 06080034 Rezone/06080035 ADLS: Courtyards at Carmel Creek
Rezone A lication Fee:
$107 er acre x 7.2:
ADLS A lication Fee:
Total Fee:
$ 802.00
$770.40
802.00
$2377.40
Docket No. 06080034 Rezone/06080035 ADLS: Courtyards at Carmel Creek
The applicant seeks rezoning and ADLS approval for a 7.2-acre parcel, currently zoned R1, requested to be rezoned to the PUD
classification to provide for residential development.
The site is located at 1225 East 116th Street.
Filed by Charlie Frankenberger of Nelson and Frankenberger for ME Development, Inc.
Petitioner, please note the following:
1. These items will be on the September 20, 2006, agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice needs to occur no later than Friday, September 22, 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, October 6,2006. Failure to submit Informational Packets by this time will result in
the tabling of the petition to the October 17, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, October 13, 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 October 17, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, November 2, 2006, agenda of the Plan Commission Subdivision Committee.
Mr. Frankenberger can be contacted at 317.844.0106, fax 317.846.8782.
Christine Barton-Holmes
Planning Administrator
Carmel City Hall
One Civic Square
Carmel, IN 46032
(317) 571-2425
8/30/2006
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMELlCLA Y ZONING ORDINANCE
-- REZONE APPLICATION -
$802.00 plus $107.00 per acre
(pUD $2595.00, plus $107.00 per acre)
Date:
Docket No.:
. Name of Owner:
Owner's Address
Hanna Inc.
PO Box 40432. Indianapolis. IN 46240
Name of Applicant:
ME DeveloDment. Co.. Inc.
. Contact Person Name and Company: Gary Merritt
Contact Person Phone, Fax, Email: phone (317) 264-8606: fax (317) 269-9831;
e-mail-gkmerritt@medevelopmentco.com
Contact Person Address: 55 Monument Circle. Suite 201. Indianapolis. IN 46204
· Record of Ownership: Deed Book:
Page:
Purchase Date:
.Legal Description (Use additional page(s) if necessary): See Exhibit "A"
. Common Address of Property Involved (or General Description if no Address Exists): 1225 I 16th Street East
. Tax ParcellD Nos. 17-13-01-00-00-007.000
. Proposed Zoning Change: From the R-I District to the Courtyards at Carmel Creek 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 Carmel/Clay Comprehensive Plan (use additional pages if necessary):
See Exhibit "B"
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AFFIDAVIT
(IIWe), being duly sworn, depose and say that (IIWe) (am/are) the (owner(s)) of Fifty Percent (50%) or more of the
property involved in this application and 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 or our) knowledge and belief.
Hanna Inc.
Signature (typed or printed)
By:
Address
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
ME Development, Co., Inc.
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Name: Gary Merritt
(317) 264-8606
Telep~ne
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Date
State ofIndiana
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County of \.\0... \C\~ \~~
Before me the undersigned, a Notary Public for ~', ~
(officer's county of residence)
County, State of Indiana, personally appeared and bo.r~ f\e~,~
(name ofpbJon(s))
acknowledged the execution of the foregoing instrument this \9.~ day of W$lO\
, 20~1o 0-
My commission expires:
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(printed or typed)
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Notary PultUc-lndi_
Hamihon Count,
M, Comlllisslon Expires: Sep. 18,2813
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COMPREHENSIVE PLAN STATEMENT
The Petitioner is seeking to rezone real estate which is currently zoned R-l. The
real estate is located adjacent to the heavily traveled 116th Street which is currently undergoing
expansion. According to the Comprehensive Plan, the real estate appears to be located between
areas designated as low intensity residential and medium intensity residential. This general area
is also designated on the Comprehensive Plan as the edge between residential community and
community/regional employment areas. The proposed PUD seeks to develop the real estate as a
townhome project that can serve as an appropriate transition between the current land uses that
surround the real estate.
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OWNER'S CONSENT AND JOINDER IN PETITION
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by ME Development and Nelson and
Frankenberger with respect to the Real Estate, including, without limitation, (i) approvals
of changes in zoning classification or rezones to a Planned Unit Development Ordinance
to permit the development of the Real Estate for residential use and (ii) all additional
approvals needed for the use and development of the Real Estate including, without
limitation, ADLS approvals, preliminary (primary) development plan approvals" detailed
(secondary) development plan approvals, improvement location permits, and all other
approvals and permits required by the City of Carmel and/or the City of Carmel Zoning
Ordinance to develop the Real Estate (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the City of Carmel, Common Council, and its
committees, and any other agency, and any other municipal or State agencies, and to file,
for and on behalf of the undersigned, all applications and petitions deemed necessary to
obtain the Approvals.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed now or in the future, in furtherance of the Approvals.
Date: 4 <-'J",4-LVf tJ t
HANNA INC.
By:
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Parcel No. 17-13-01-00-00-007.000
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Before me the Wldersigned, a Notary Publi'rf' and for said COWlty ~i!d Stju._ e, ~i!lill-y
appeared ~~"..." , the ~ r ~ ::~:f l!~l~~rnc.,~1!:o
acknowledged execution of this Owner's Consent and Joinder in Petitions. ..;:'. /0; ;::. :
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STATE OF J)J lfit "fA.. )
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COUNTY OF ~) .
Witness my hand and Notarial Seal this
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My Commission Expires:
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Printed Name
Bradlzoninglmhe/116streetlownerconsent
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H:\brad\Zoning & Real Estate Matters\MHE\116th Street\Notice-PC.doc
EXHIBIT A
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A part of the Northwest Quarter of the Northeast Quarter of Section 1, Township 17 North,
Range 3 East of the Second Principal Meridian, Hamilton County, Indiana and being described
as follows:
Le2al Description
Beginning at a point on the North line of said Quarter Quarter section, said point being North 89
degrees 50 minutes 08 seconds East 363.00 feet from the Northwest comer of said Quarter
Quarter section;
thence continue North 89 degrees 50 minutes 08 seconds East along said North line 330.00 feet;
thence South 01 degrees 13 minutes 27 seconds West along the westerly line of the Plat of
Donnybrook, which is recorded in Plat Book 2, pages 233 and 234 in the Office of the Hamilton
County Recorder, a distance of990.20 feet to a northeasterly comer of Donnybrook Woods, the
plat of which is recorded in Plat Book 3 page 61 in the Office of the Hamilton County Recorder;
thence South 89 degrees 50 minutes 08 seconds West along the north line of said Donnybrook
Woods 360.87 feet to the Southeasterly comer of Monon Fanns Condominiums, the plat of
which is recorded as Inst. No. 200500039345 in the Office of the Hamilton County Recorder, the
following three (3) calls being along the easterly side of said Monon Fanns;
thence North 00 degrees 37 minutes 25 seconds East 330.00 feet;
thence North 89 degrees 50 minutes 08 seconds East 41.25 feet;
thence North 00 degrees 37 minutes 25 seconds East 660.00 feet to the Point of Beginning and
containing 7.694 acres more or less.
The above described tract of land being contained entirely within that tract of land conveyed to
Galil Hanna by Quit Claim Deed recorded as Inst. No. 200000056112 and from Warranty Deed
recorded as Inst. No. 200000056111 in the Office of the Hamilton County Recorder.
EXCEPT:
A part of the Northwest Quarter of the Northeast Quarter of Section 1, Township 17 North,
Range 3 East, Hamilton County, Indiana and being part of the grantor's land lying within the
right of way lines depicted on the attached Right of Way Parcel Plat marked as Exhibit "B",
described as follows:
Commencing at the northwest comer of said quarter section, designated as point "575" on said
parcel plat;
thence North 89 degrees 28 minutes 02 seconds East 9.053 meters (29.70 feet) along the north
line of said section the of the southwest comer of the Southeast Quarter of Section 36, Township
18 North, Range 3 East, Hamilton County, Indiana, designated as point "508" on said parcel plat;
thence North 89 degrees 50 minutes 14 seconds East 101.589 meters (333.30 feet) along the
north line of said Section 1 to the northwest comer of the grantor's land and the point of
beginning of this description;
thence continuing North 89 degrees 50 minutes 14 seconds East 100.584 meters (330.00 feet)
along said north line to the northeast comer of the grantor's land;
thence South 01 degrees 27 minutes 11 seconds West 34.814 meters (114.22 feet) along the east
line of the grantor's land;
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thence South 89 degrees 50 minutes 14 seconds West 4.672 meters (15.33 feet) to point "752"
designated on said parcel plat;
thence North 19 degrees 36 minutes 10 seconds West 18.028 meters (59.15 feet) to point "744"
designated on said parcel plat;
thence South 89 degrees 50 minutes 14 seconds West 89.174 meters (292.57 feet) to the west
line of the grantor's land;
thence North 00 degrees 37 minutes 12 seconds East 17.802 meters (58.41 feet) along said west
line to the point of beginning and containing 0.1923 hectares (0.475 acres) more or less,
inclusive of the presently existing right of way which contains 0.0337 hectares (0.083 acres),
more or less. The portion of the above described real estate which is not already embraced
within the presently existing right of way contains 0.1586 hectares (0.392 acres), more or less.
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LARRY J. KEMPER
JOHNB. FLATI
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
OF COUNSEL
JANE B. MERRILL
VIA HAND DELIVERY
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
October 6, 2006
Matt Griffin
Department of Community Services
One Civic Center
Carmel, IN 46032
RE: ME Development, Inc. .~Courtyards at Carmel Creek
Docket Nos. 06080034 Rezone and 06080035 ADLS
Submittal of Owner's Consent
Plan Commission Hearing of October 17, 2006
Dear Matt:
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3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
Please find enclosed the original, executed Owner's Consent for the above matter. Please contact me with
any questions.
Very truly yours,
JESlbd
Enclosures
H:\brad\Zoning & Real Estate Matters\melll6thGriffin 100606
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Date
DOCKET NO.:
APPLICATION for ARCIDTECTURAL DESIGN. LIGHTING. and SIGNAGE
Name of Project:
The Courtyards at Carmel Creek
Address:
1225 1 16th Street East
Type of Project:
condominiums/multi-family dwelling units
Applicant:
ME Development. Co.. Inc.
Contact Person: Gary Merritt
Phone No. (317) 264-8606
Fax No. (317) 264-9831
Email: gkmerritt@medevelopmentco.com
Address: 55 Monument Circle. Suite 201. Indianapolis. IN 46204
Legal Description: To be typewritten on a separate sheet. - See attached.
Area (in acres) approx.7.2
Zoning R-l
Owner of Real Estate: Hanna Inc.
Carmel:
Clay Township: X Annexation: (Y) or N
Other Approvals Needed: Rezone approval to Courtyards at Carmel Creek PUD
PARKING
No. of Spaces Provided: No. of Spaces Provided: see associated PUD
Spaces Required: See attached plans
No.
DESIGN INFORMATION
Type of Building: townhomes No. of Buildings: 12
Square Footage: NA Height: 35' No. of Stories: NA
Exterior Materials: see plans Colors: see plans
Maximum No. of Tenants: NA Type of Uses: Residential
Water by:
Sewer by:
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LIGHTING
Type of Fixture: see plans
Height of Fixture: see plans
No. of Fixtures: see plans
Additional Lighting: see plans
* Plans to be submitted showingfoot candle spread at property lines, per Ordinance.
SIGNAGE
No. of Signs: see plans Type of Signs: see plans
Location{s): see plans
Dimensions of each sign: see plans
Square Footage of each sign: see plans
Total Height of each sign: see plans
LANDSCAPING
* Plans to be submitted showing plans types, sizes, and locations.
*************************************************************************************
I, the undersigned, to the best of my knowledge an belief, submit the above information as true and
correct.
By:
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Title
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Date
(Print)
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State of Indiana,
ss:
County of ~~\"'~
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State ofIndiana, personally appeared Go- <;" ~'1~<<" 'l\
execution for the foregoing instrument this \ ~ day of \\~ ~-t , 2006.
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NO&, Public
Before me the undersigned, a Notary Public for
County,
and acknowledged the
My Commissi
OFFICIIlI SUI
JlLENNA t. CdYS
Notal, Public-lndiaH
Hamilton Count,
M, CommiS$ioft Eaplr": Sap: 11.1111
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORA nON
ATTORNEYS AT LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlllNA VER
LARRY J. KEMPER
JOHN B. FLATI
OF COUNSEL
JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
www.nf-Iaw.com
August 18, 2006
Matt Griffin
City of Carmel - Department of Community Services
One Civic Square
Carmel, IN 46032
Re: ME Development LLC
Courtyards at Carmel Creek
Rezone Application and ADLS Application
Dear Matt:
Enclosed please find the following:
1. An original and one (1) copy of an Rezone Applciation;
2. An original and one (1) copy of an ADLS Application;
3. Two (2) copies of the proposed PUD Ordinance; and,
4. Four (4) sets of plans and drawings pertaining to this submittal.
Please assign dockets numbers to these matters and provide to me the required filing fee. Thank
you for your assistance in this matter and contact me with any questions.
Very truly yours,
CDF/bd
Enclosure
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N~~BER~ER
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Charles D. Frankenber~ EO ~
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Sponsor:
ORDINANCE
NO.
COURTYARDS AT CARMEL CREEK
PLANNED UNIT DEVELOPMENT
DISTRICT
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TABLE OF CONTENTS
AND SCHEDULE OF EXHIBITS
TABLE OF CONTENTS
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Section 1. Applicability of Ordinance ................. ............................................................. ................... 4
Section 2. Permitted Primary Uses ................... .............. ....................................... ........... .................. 5
Section 3. Accessory Buildings and Uses ........................................................................................... 5
Section 4. Communication Equipment................ ....................................................... .............. ........... 5
Section 5. Platting....... .............. .....................................................................................................5
Section 6. Height. Area. Square Footage and Architectural Design Reauirements...........................5
Section 7. Architectural Design Requirements .......... ....... ...... ............. ........... ....... ............. ................6
Section 8. Landscaping Reauirements....... ........................ .................................................................. 6
Section 9. Lighting Requirements. .................................................. .................................. ..................7
Section 1 O. ~......................... ...........................................................................................8
Section 11. Parking......................... .......................................................................................8
Section 12. Mechanical Equioment........ ........................... ......... ................... ........................... ........... 9
Section 13. Homeowners Association and Declaration of Covenants ...............................................9
Section 14. Approval Process............ ....................... ................................................... ............ ............ 9
Section 15. Definitions and Rules of Construction ......................................................................10
Section 16. Violations .......... ..................................................... ..................... ..... ............................... 12
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SCHEDULE OF EXHIBITS
A Legal Description of Real Estate
B Building Elevations
C Community Mail Box Structure
D Landscape Plan
E Existing Tree Preservation Plan
F Wall mounted luminaires
H Entryway treatment - signage and wall
I Conceptual Plan
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Sponsor:
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISmNG THE
COURTYARDS AT CARMEL CREEK
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Ciay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Dnit
Development District in accordance with the requirements ofI.C. ~ 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Courtyards at Carmel Creek
Ordinance") which establishes the Courtyard at Carmel Creek Panned 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
Courtyards at Carmel Creek Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance
and it shall be in full force and effect from and after its passage, (ii) all prior commitments shall
be null and void and replaced and superseded by this Courtyards at Carmel Creek Ordinance, and
(iii) this Courtyards Carmel Creek 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 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 Dnit Development District to be known
as the Courtyards at Carmel Creek.
Section 1.2 Development in the District shall be governed entirely by (i) the
provisions of this Courtyards at Carmel Creek Ordinance and its exhibits, and (ii) those
provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this
Courtyards at Carmel Creek Ordinance. In the event of a conflict between this Courtyards
at Carmel Creek Ordinance and the Carmel/Clay Zoning Ordinance or the Sign
Ordinance, the provisions of this Courtyards at Carmel Creek Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
Courtyards at Carmel Creek Ordinance.
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Section 2 Permitted Primary Uses: Permitted uses are condominiums and/or multi-family
dwelling units.
Section 3 Accessory Buildings and Uses: All Accessory Structures and Accessory Uses
shall be permitted except that any detached accessory building shown in any development plan
shall have on all sides the same architectural features or shall be architecturally compatible with
the principal building(s) with which it is associated.
Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite
dishes shall be permitted.
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so
long as the proposed plat complies with the area requirements set forth below in Section 6, and
the creation of a new property line within the Real Estate shall not impose or establish new
development standards beyond those specified below in Section 6 for the entirety of the Real
Estate. However, the development of any parcel shall conform to all Preliminary Development
Plans and Final Development Plans which are approved or amended per the terms of Section
14.1 below, and all other applicable requirements contained in this Courtyards at Carmel Creek
Ordinance.
Section 6
Height. Area and Square Footage Requirements:
Section 6.1 Maximum Building Height: The maximum Building Height is thirty-five
(35) feet.
Section 6.2 Minimum Building Set Back: The minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with 116th Street shall be forty (40) feet,
along the south property line of the Real Estate the minimum Set Back shall be twenty
five (25) feet, along the east property line of the Real Estate the minimum Set Back shall
be forty five (45) feet, and along the west property line of the Real Estate, the minimum
Set Back shall thirty (30) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be ten (10) feet.
Section 6.4 Maximum Parcel Coverage. Density and Square Footage:
A. Maximum Parcel Coverage shall be twenty-five percent (25%).
B. There shall be a maximum of fifty-six (56) Townhomes on approximately
seven and three tenths (7.3) acres. -q.,,(p9 ~(aL
Section 6.5 Maximum Number of Buildings. There shall be no more than (i) twelve
(12) Townhome Buildings located upon the Real Estate and (ii) one (1) community
mailbox structure.
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Section 7.
Section 8
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Architectural Design Requirements:
A.
Suitability of building materials: A minimum of four (4) materials shall be used
for Building exteriors, from the following list: brick, cast stone, stone, Hardi-
Plank, glass, wood soffits, and vinyl clad windows and/or the equivalents thereof
for all of the foregoing. All units shall have a brick. tp grade fOUDration.
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Roof design.: All roofs, except for open porch roofs, shall have a minimum slope
of 12 horizon~ w,~
Building rendering and elevations: Attached hereto and incorporated herein by
reference as Exhibit "B" are a rendering and elevations, depicting the building
materials and architectural elements of the Buildings to be constructed upon the
Real Estate.
B.
C.
D.
Community mail box structure: Attached hereto and incorporated herein by
reference as Exhibit "c" is a rendering of the community mail box structure. ?
.
Landscaping: Requirements:
Section 8.1 Landscape Plan: The Landscape Plan shall consist of the landscape detail
depicted on the landscape plan which is attached hereto as Exhibit "D" (hereafter
"Landscape Plan"). Landscaping shall be installed per the Landscape Plan.
Section 8.2 Landscaping Standards:
A. Materials: All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
1. Shade trees: a minimum trunk diameter of 2 Y2 inches measured at
breast height, a minimum height of seven (7) feet.
2. Ornamental trees: a minimum trunk diameter of 1 Y2 inches
measured at breast height, and a minimum height of six (6) feet.
3. Shrubs: shrubs may be deciduous or evergreen, and shall be twenty
four (24) inches in height at planting.
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4. Evergreen Trees: shall be six feet (6') in height at planting.
Section 8.3 Landscaping Installation and Maintenance:
A. Maintenance: It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping and lake areas
approved in accordance with this Courtyards at Carmel Creek Ordinance.
This is to include, but is not limited to, irrigation and mulching of planting
areas, replacing dead, diseased, or overgrown plantings with identical
varieties or a suitable substitute, and keeping the area free of refuse,
debris, rank vegetation and weeds.
Section 8.4 Tree Preservation: Existing trees within the tree preservation areas
identified on the Existing Tree Preservation Plan attached hereto and incorporated herein
by reference as Exhibit "E" shall not be removed from the Real Estate except as follows:
A.
As is necessary to clear underbrush, Ash trees and dead trees;
B.
As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, and utilities and drainage improvements and
infrastructure; and
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C.
As necessary for public health and safety.
.
Section 9
Lighting Requirements:
Section 9.1.
A. Pront of Townhome lighting: Each Townhome shall have two (2) dusk-
to-dawn exterior grade coach light fixtures on either side of the front door.
The light shall be as depicted on Exhibit "PI ".
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B. Rear of Townhome lighting: Each Townhome shall have two (2) dusk-to-
dawn exterior grade coach lights mounted on either side of the overhead
garage door. The lights shall be as depicted on Exhibit "Fl ".
c. Rear Porch Lighting: Each Townhome shall have one (1) coach fixture
light mounted on only one side of the sliding glass door. The light shall be
as depicted on Exhibit "F2".
Section 1 0 Signs
Section 10.1. Ground Signs and Entry Wall.
A. Type: One (1) Ground/Entryway Signs shall be permitted near the
entrance of the development adjacent to 116th Street, as is depicted on
Exhibit "G", which is attached hereto and incorporated herein by
reference. Sign copy shall be permitted on each side of the Ground Sign.
B. Maximum Sign Area: Forty (40) square feet.
c.
D.
Illumination of Sign: External.
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Sign Permit: Required.
E. Fees: Required.
Section 11
Parking
Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage
and, in addition, an eighteen foot (18') driveway accommodating two (2) additional cars
per unit and, in addition, there shall be forty nine (49) scattered and parallel parking
spaces, as depicted on what is attached hereto and incorporated herein by reference as
Exhibit "H".
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Section 12
Mechanical Equipment
Section 12.1 Mechanical Equipment: Any mechanical equipment visible from an
adjoining street or highway shall be screened with suitable fencing or landscaping and in
general be architecturally compatible with the building(s) with which it is associated.
Section 13
Homeowners Association and Declaration of Covenants
Section 13.1 Declaration of Covenants and Homeowners Association: The Developer
shall prepare and record. a Declaration of Covenants which shall also contain various
provisions regarding the Real Estate as determined by the Developer, including, without
limitation, provisions for mandatory assessments and maintenance of common areas.
The Declaration of Covenants will also provide for the establishment of a Homeowners
Association in which membership shall be mandatory.
Section 14. Approval Process:
Section 14.1. Approval or Denial of the Primary PlatlDevelopment Plan.
A. Exhibit "H". which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). The CP has been
reviewed and approved by the Plan Commission. The CP constitutes the
Development Plan and primary plat for the Real Estate. The architecture,
design, lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Courtyards at Carmel Creek
Ordinance, do not require any further (i) ADLS approval or (ii)
Development Plan/primary plat approval other than Final Development
Plan approval per the procedure set forth below in this Section 14. If there
is a Substantial Alteration in the approved ADLS and Development
Plan/primary plat, review and approval of the amended plans shall be
made by the Commission, or a Committee thereof, pursuant to the
Commission's rules of procedure. Minor Alterations and Material
Alterations may be approved by the Director.
B. The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for the
Courtyards at Carmel Creek; provided, however, that the Director shall not
unreasonably withhold or delay the Director's approval of the FDP that is
in substantial conformance with the CP and is in conformance with the
Development Requirements of this Courtyards at Carmel Creek
Ordinance. If the Director disapproves any FDP, the Director shall set
forth in writing the basis for the disapproval and schedule the request for
approval of the FDP for a hearing before the full Plan Commission.
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C. An amendment to the FDP, which is not determined by the Director to be
a substantial or material alteration from the approved CP, may be
reviewed and approved solely by the Director. However, in the event the
Director determines that there has been a Substantial Alteration or
Material Alteration between the approved CP and any proposed FDP, the
Director may, at the Director's discretion, refer the amended FDP to the
Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
D. The FDP shall be a specific plan for the development of all or a portion of
the real estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
Definitions arid Rules of Construction:
Section 15.1 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.
Section 15.2 Definitions.
A. Accessory Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the 'main use, located on the Real
Estate or in the saple building as the main use, and incidental to the main
use.
C. Building Height: The vertical distance from the ground level at the main
entrance to the highest ridge point of the roof structure.
D. City: The City of Carmel, Indiana.
E. Commission: The Carmel/Clay Plan Commission.
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F. Council: The City Council of the City of Carmel, Indiana.
G. County: Hamilton County, Indiana.
H. 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.
I. 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.
J. 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.
K. Development Requirements. Development standards and any
requirements specified in this Courtyards at Carmel Creek Ordinance
which must be satisfied in connection with the approval of a Final
Development Plan.
L. Developer. M E Development Co., Inc. and its successors and assigns.
M. 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.
N. Homeowners Association. A nonprofit corpomtion established for the
promotion of the health, safety and welfare of the residents of the
Courtyards at Carmel Creek, and to manage, maintain, and repair the
common areas within the Real Estate and any improvements located
thereon.
O. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
P. 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.
Q. Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eitghteen (18)
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inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
R. Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
S. Right-of-Way: An area ofland permanently dedicated to provide light, air
and access.
T. 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.
U. Sign: Any type of sign as further defmed and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
V. 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.
W. Townhome: An attached townhome intended for occupancy by a single
family.
X. Townhome Building: A structure containing Townhomes.
Y. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 16. Violations. All violations of this Courtyards Ordinance shall be subject to
Section 34.0 of the Carmel/Clay Zoning Ordinance.
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PASSED by the Common Council of the City of Carmel, Indiana this _ day of
, 2006, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Richard L. Sharp, President Pro Tempore
Brian Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Ronald E. Carter
ATTEST:
Diane L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the
,2006, at o'clock .M.
day of
Diane L Cordray, IAMC, Clerk Treasurer
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Approved by me, Mayor of the City of Carmel, Indiana, this
, 2006, at 0' clock .M.
James Brainard, Mayor
ATTEST:
Diane L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
H:\brad\Zoning & Real Estate Matters\MHE\116th Street\PUD Draft - 081806
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EXHIBIT "A"
Lee:al Description
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