HomeMy WebLinkAboutApplication
Griffin, Matt L
Subject:
Griffin, Matt L
Tuesday, February 14, 20066:19 PM
DeVore, Laura B
'Nick Churchill'; 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: (PUD) Aramore PUD (06020006 PUD)
From:
Sent:
To:
Cc:
I have issued the necessary Docket Number for (PUD) Aramore PUD. It is as follows:
Docket No. 06020006 PUD: Aramore PUD
PUD Application Fee:
$107 per acre x 27.36
Total Fee:
$2,595.00
$2,927.31
$5,522.31
Docket No. 06020006 PUD: Aramore PUD
The applicant seeks a rezone to create 150 town homes and 72 courthomes on 27.36 acres
The site is located near the SE corner of Westfield Blvd and 99th Street and is zoned S2.
Filed by Nick Churchill of Pittman Partners Inc.
Petitioner, please note the following:
1. This item will be on the February 15, 2006, agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice needs to occur no later than Friday, February 24, 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, March 10,2006. Failure to submit Informational Packets by this
time will result in the tabling of the petition to the April 18, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, March 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 March 21, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, March 30, 2006, agenda of the Plan Commission Special Studies
Committee.
PETITIONER: refer to your instruction sheet for more detail. A Department of Community Services review letter is
forthcoming.
Mr. Churchill can be contacted at 317.573.6692 or fax 317.580.9786.
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 CARMEL/CLAY ZONING
ORDINANCE
-- REZONE APPLICATION -
$802.00 plus $107.00 per acre
(PUD $2595.00, plus $107.00 per acre)
Date: January 20. 2006
Docket No.
· Name of Owner: Pittman Partners. Inc: Contract Purchaser Phone No. (317) 580 - 9693
Owner's Address
P.O. Box 554 Fax No. (317) 580 - 9786
City, State, ZIP CarmeL IN 46082-0554
· Contact Person Name and Company: Nick Churchill
Contact Person Phone, Fax, Email: 573-6692. 580-9786 (fax). nick@pittmanpartners.com
Contact Person Address:
P.O. Box 554. CarmeL IN 46082-0554
Purchase Date: 8/3/1979
Purchase Date: 11/16/1978
Purchase Date: 5/14/1985
Purchase Date: 9/29/1997
· Record of Ownership: Deed Book: 314 Page: 403
Deed Book: 308 Page: 628
Deed Book: 349 Page: 522
Instrument #: 9709743644
· Legal Description (Use additional page(s) if necessary): Attached as EXHIBIT A
· Common Address of Property Involved (or General Description ifno Address Exists):
9801 Westfield Blvd. Indianapolis. IN 46280
· Tax Parcel ID Nos. 17-14-07-03-01-017.000. 17-14-07-03-01-017.001. 17-14-07-03-01-016.000.
17-14-07-03-01-007.000.17-14-07-03-01-005.000 .17-14-07-03-01-012.000
· Proposed Zoning Change: From the S-2 District to the PUD District, for the property
shown outlined in red on the map attached hereto, which is made a part ofthis petition.
· Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional
pages ifnecessary): Attached as EXHIBIT B
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EXHIBIT "A"
Lee:al Description
Part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 17 North, Range 4 East, in
Hamilton County, Indiana, described as follows:
Commencing at the northwest corner of said quarter section; thence South 00 degrees 09 minutes 06
seconds West (assumed bearing) along the west line of said quarter section a distance of 425.85 feet to the
northwest corner of a tract ofIand described in a deed recorded as Instrument Number 2005-26315 in the
Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 50 minutes 54 seconds East
along the north line of said tract a distance of75.00 feet to the northeast corner of said tract and the Point of
Beginning, being a point on the south line of a tract of land described in a deed recorded as Instrument
Number 89-25227; thence continuing South 89 degrees 50 minutes 54 seconds East along said south line a
distance of 429.20 feet to a point on the easterly line of a tract ofland described in a deed recorded as
Instrument Number 2005-26316 (the following three courses are along the easterly lines of said tract of
land); 1) thence South 00 degrees 09 minutes 06 seconds West a distance of 54.36 feet; 2) thence South 89
degrees 47 minutes 07 seconds East a distance of 156.00 feet; 3) thence South 00 degrees 09 minutes 06
seconds West a distance of222.63 feet to the north line ofa tract ofland described in a deed recorded in
Deed Book 314, page 403; thence South 89 degrees 31 minutes 11 seconds East along said north line a
distance of 307.73 feet to southwest corner of a tract ofland described in a deed recorded in Deed Book
349, page 522; 1) thence North 00 degrees 20 minutes 59 seconds East along the west line of said tract a
distance of 689.87 feet to the north line of said quarter-quarter section; 2) thence South 88 degrees 58
minutes 07 second East along said north line a distance of 3 79 .80 feet to the northeast corner of said
quarter-quarter section and the northeast corner of a tract of land described in a deed recorded in Deed
Book 349, page 523 (the following two courses are along the easterly and southerly lines of said tract); 1)
thence South 00 degrees 20 minutes 55 seconqs West along the east line of said quarter-quarter section a
distance of 445.00 feet; 2) thence North 88 degrees 58 minutes 07 seconds West a distance of 190.22 feet to
the east line of the aforesaid tract ofland described in Deed Book 349, page 522; thence South 00 degrees
20 minutes 55 seconds West along said east line a distance of243.05 feet to the north line of the aforesaid
tract ofland described in a deed recorded in Deed Book 314, page 403; thence South 89 degrees 31 minutes
11 seconds East along said north line a distance of 190.21 feet to the east line of said quarter-quarter
section; thence South 00 degrees 20 minutes 55 seconds West along said east line a distance of646.66 feet
to the southeast corner said quarter-quarter section; thence North 89 degrees 30 minutes 24 seconds West
along the south line of said quarter-quarter section a distance of 1275.51 feet to the east right-of-way line
per road plans for Carmel Project Number 04-11 for Westfield Boulevard (the following two courses are
along said east right-of-way line); 1) thence North 00 degrees 09 minutes 06 seconds East a distance of
323.07 feet; 2) thence South 89 degrees 31 minutes 11 seconds East a distance of 5.00 feet; thence North 00
degrees 09 minutes 06 seconds East a distance of597.1O feet to the Point of Beginning, containing 27.358
acres, more or less.
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EXHIBIT B
The zoning change request to a PUD designation is in compliancewiththeCarmel/Clay
Comprehensive Plan because:
. The Comprehensive Plan encourages the adoption of development
standards which promote innovative development patterns. This specific
area is involved in a special study by the Department of Community
Services. This study designates this area as mixed use residential and
defines this designation as including such things as a mix of housing
types. We agree that a large area northeast of Westfield Boulevard and
96th Street will gradually develop and while it would be ideal for this
whole area to be master planned, that is not possible at this time. Aramore
represents one component ofthat area that clearly lends itself to higher
density residential.
. These parcels support the application of a mixed use residential
community. The site is part of a larger defined area that is adjacent to a
primary parkway, all utilities will serve this parcel and the scale of design
is a good transition to the Residential Conservation areas to the east.
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AFFIDA VIT
(I/We), being duly sworn, depose and say that (I/We) (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.
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SIgnature
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(typed or printed)
980 1 Westfield Blvd.
Address
Indianapolis. IN 46280
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Steve Pittman. Pittman Partners. Inc.
Name
Name
(317) 580-9693
Telephone
Telephone
January 19.2006
Date
Date
State of Indiana )
) SS:
County of Hamilton )
Before me the undersigned, a Notary Public for Hamilton
(officer's county of residence)
County, State of Indiana, personally appeared -JUCrJ\AS ~. }..\ Il\ tJ\B LaJ
(name ofperson(s))
and
acknowledged the execution of the foregoing instrument this 19th day of
January, 2006.
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(Meridian Title Corporation, File No. 1465h05, dated March 1,2005)
Parcell:
Part of the Northwest Quarter of the Southwest Quarter of Section Seven (7), Township Seventeen (17)
North, Range Four (4) East, Delaware ToWnship, Hamilton County, Indiana, more particularly described as--
follows to-wit: Beginning at a point 1022.52 feet South of the Northwest Corner of the Southwest Quarter
of said Section Seven (7); running thence East 510.62 feet, along the North line of said property, said point
being 1017.59 feet South of the North line of said Quarter Section; thence South parallel to the West line of
the Northwest Quarter of the Southwest Quarter of said Section 7, 298.58 feet; thence West and parallel
with the North line of said tract 510.62 feet to the West line of said Quarter Section; thence North on said
West line 298.58 feet to the Place of Beginning, containing 3.5 acres, more or less.
Parcel 2:
A part of the Northwest Quarter of the Southwest Quarter of Section Seven (7), Township Seventeen (17)
North, Range Four (4) East, described as follows:
Begin at a point 1022.52 feet South of the Northwest corner of the Southwest Quarter of said Section 7, run
thence East 1346.76 feet to a point on the 1/8th Section line, said point being 1009.52 feet South of the
North line of said Quarter Section, thence South on said 1/8th line 323.58 feet, thence West parallel with
North line of said tract 1345.6 feet to the West line of said Quarter Section, thence North on said West line
323.58 feet to the Place of Beginning;
Except: Beginning at a point 1022.52 feet South of the Northwest corner of said Southwest Quarter;
running thence East 510.62 feet, along the North line of said property, said pint being 1017.59 feet South of
the North line of said Quarter Section; thence South and parallel to the West line of the Northwest Quarter
of the Southwest Quarter of said Section Seven (7), 298.58 feet; thence West and parallel with the North
line of said tract 510.62 feet to the West line of said Quarter Section; thence North on said West line 298.58
feet to the Place of Beginning, said exception containing 3.5 acres, leaving 6.50 acres,
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AFFIDA VIT
(I1We), being dul}' 1lWom, 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.
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(tYped or printed)
9815 Westfield Blvd.
Address
Indianapolis. IN 46280
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Steve Pittman. Pittman Partners. Inc.
Name
Name
(317) 580-9693
Telephone
Telephone
January 19. 2006
Date
Date
State of Indiana )
) SS:
County of Hamilton )
Before me the undersigned, a Notary Public for Hamilton
(officer's county of residence)
County, State of Indiana, personally appeared ~&.I ~ ~ \ En.. 0 ~ ~ '^ \i S . and
(name ofperson(s))
acknowledged the execution of the foregoing instrument this 19th day of
January, 2006.
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(Meridian Title Corporation, File No. 1464h05, dated March 1,2005)
(Parcel D)
A part of the Northwest Quarter of the Southwest Quarter of Section Seven (7) Township Seventeen (17)
North~RahgeF()ur (4) East, described as follows: Begin at a point 69922 feet South of the Northwest
comer of the Southwest Quarter of said Section 7, and run thence East 1347.92 feet to a point on the 1/8
section line, said point being 686.22 feet South of the North line of said Quarter section, thence South on
said 1/8 section line 323.3 feet, thence West parallel with the North line of said tract 1346.76 feet to the
West line of said Quarter Section, thence North on said West line 323.3 feet to the Place of Beginning.
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Sponsor: Councilor
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE ARAMORE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance with the requirements ofLC. ~ 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
recommendation to the ordinance set forth herein (the "Ordinance") which
establishes the Aramore 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/Clay 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, (iii) all prior commitments
and restrictions 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
AlJPlicabilitv of Ordinance:
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described
in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known
as Aramore.
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/Clay
Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict
between this Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance,
the provisions ofthis 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
Ordinance.
Section 2 Permitted Primary Uses: Permitted uses are condominiums and/or multi-family
dwelling units.
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Section 3 Accessory Buildings and Uses: All Accessory Structures and Accessory Uses
shall be permitted-excepUhatany 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 Ordinance.
Section 6
Height. Area and Square Footage Requirements:
Section 6.1 Maximum Building Height: The maximum Building Height for
Townhomes is thirty-seven (37) feet. The maximum Building Height for Courthomes is
thirty (30) feet.
Section 6.2 Minimum Building Set Back: The Minimum Set Back from any perimeter
boundary line of the Real Estate shall be not less than Ten (10) 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 for
Townhomes and Courthomes.
Section 6.4 Maximum Parcel Coverage. Density and Square Footage:
A. Maximum Parcel Coverage shall be fifty percent (50%).
B. There shall be a maximum of one hundred and fifty (150) Townhomes and
seventy-two (72) Courthomes on approximately twenty-seven and 35/100
(27.35) acres.
C. Square Footage of Townhome Floor Plans for Product Offerings shall not
be less than one thousand five hundred square feet. Square Footage of
Courthome Floor Plans for Product Offerings shall not be less than two
thousand square feet.
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Section 6.5 Maximum Number of Buildings. There shall be no more than thirty (30)
Townhome Buildings and twenty-two (22) Courthome Buildings located upon the Real
-------Estate. ____nn____
Section 7.
Section 8
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, stucco, glass, wood soffits, and vinyl clad windows and/or the equivalents
thereof for all ofthe foregoing. The use of wood and Hardi-Plank shall be limited
to Trim and Siding.
B.
Roof design: All Townhome roofs, except for open porch roofs, shall have a
minimum slope of 12 horizontal to 6 vertical. All Courthome roofs, except for
open porch roofs, shall have a minimum slope of 12 horizontal to 4 vertical.
C.
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.
D.
Community mail box structure: Attached hereto and incorporated herein by
reference as Exhibit "c" is a rendering of the community mail box and master
mailbox plan as Exhibit "H".
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 ANZI Z60-60.1-1996 and meet the following
specifications:
1. Shade trees: a minimum trunk diameter of 2.5 inches measured at
breast height, a minimum height of eight (8) feet, and a branching
height of not less than 1/3 nor more than ~ of tree height.
2. Ornamental trees: a minimum trunk diameter of 1 ~ inches
measured at breast height, and a minimum height of six (6) feet.
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3. Shrubs: shrubs may be deciduous or evergreen, and shall be
eighteen (18) inches in height at planting.
4. Evergreen Trees: shall be six feet (8') 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 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 9
Lighting Requirements and Park Benches:
Section 9.1.
A. Front of Townhome lighting:
1. Each Townhome having a covered porch at the front entrance shall
have one (1) light fixture hanging from the ceiling of the covered
porch.
2. Each Townhome which does not have a covered porch at the front
entrance shall have two (2) light fixtures mounted on either side of
the front door.
B. Rear of Townhome lighting: Each Townhome shall have two (2) exterior
grade coach lights mounted on either side of the overhead garage door,
each one activated by a dusk-to-dawn sensor.
C. Courthome lighting: Each Courthome shall have a minimum of one (1)
light fixture at each entry door and shall have two (2) exterior grade coach
lights mounted on either side of the overhead garage door, each one
activated by a dusk-to-dawn sensor.
D. Street Lighting: Attached hereto and incorporated herein by reference as
Exhibit "0" is a picture of the community street lighting fixtures and
master street lighting plan as Exhibit "H".
E. Park Benches: Attached hereto and incorporated herein by reference as
Courtyard Bench Exhibit "I" is a picture of the community park bench and
master community bench plan as Exhibit "H".
Section 1 0
Signs
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Section 10.1. Ground Signs and Entry Wall.
A. ~: One (1) Ground/Entryway Sign shall be permitted near each
entrance to the development, as is depicted on Exhibit "E", which is
attached hereto and incorporated herein by reference.
B. Maximum Sign Area: Thirty Six (36) square feet each.
C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
Section 11
Parking
Section 11.1 Parking: Each Townhome shall contain a two (2) car garage and each
Courthome shall have a two car garage, in addition, there shall be not less than one
hundred twenty (120) external parking spaces.
Section 12
Mechanical Equipment
Section 12.1 Mechanical Eauipment: 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: A Declaration of
Covenants shall be recorded which shall also contain various provisions regarding the
Real Estate, including provisions for an initiation fee, a budget requirement to fund
general reserves, the use of the Real Estate, and improvement approval requirements after
initial construction. 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 Plat/Development Plan.
A. Exhibit "F", which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). The CP
constitutes the Development Plan and primary plat for the Real Estate.
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Section 15
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The architecture, design, lighting and landscaping for the Real Estate and
the improvements thereon, considered in connection with the Ordinance,
do not require any further (i) ADLS-approvaLor (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
Aramore; provided, however, that the Director shall not umeasonably
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 ofthis 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.
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 and 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.
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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 same building as the main use, and incidental to the main
use.
C. Building Height: The vertical distance when measuring from the first
finished floor elevation to the mean height between eaves and ridges.
D. City: The City of Carmel, Indiana.
E. Commission: The Carmel/Clay Plan Commission.
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 Ordinance which must be satisfied in
connection with the approval of a Final Development Plan.
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L. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
. shall include-his/herauthorized representatives. u_.______. . -
M. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
N. Minor Alteration: Any change to an approved plan of any type that
involves the revision of less than ten percent (10%) of the plan's total area
or approved materials.
O. 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.
P. Real Estate: The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
Q. Right-of-Way: An area ofland permanently dedicated to provide light, air
and access.
R. 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.
S. Sign: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
T. 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.
U. Townhome: An attached townhome intended for occupancy by a single
family.
V. Townhome Building: A structure containing Townhomes.
X. Courthome: An attached condominium intended for occupancy by a single
family.
8
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Y. Courthome Building: A structure containing Courthomes.
Z. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 16. Violations. All violations of this Ordinance shall be subject to Section 34.0
of the Carmel/Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this _ day of
, 2006, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Richard L. Sharp, President
Ronald E. Carter
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Kevin Kirby
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the _ day of
,2006, at o'clock .M.
Diana L. Cordray, IAMC, Clerk Treasurer
9
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Approved by me, Mayor of the City of Carmel, Indiana, this
,2006, at o'clock .M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Steve Pittman, Pittman Partners, Inc. PO Box 554, Carmel, IN
46082.
11
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EXHIBIT" A"
Le!!al Description
Part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 17 North, Range 4 East, in Hamilton
County, Indiana, described as follows:
Commencing at the northwest comer of said quarter section; thence South 00 degrees 09 minutes 06 seconds West
(assumed bearing) along the west line of said quarter section a distance of 425.85 feet to the northwest comer ofa
tract ofland described in a deed recorded as Instrument Number 2005-26315 in the Office of the Recorder of
Hamilton County, Indiana; thence South 89 degrees 50 minutes 54 seconds East along the north line of said tract a
distance of75.00 feet to the northeast comer of said tract and the Point of Beginning, being a point on the south line
ofa tract ofland described in a deed recorded as Instrument Number 89-25227; thence continuing South 89 degrees
50 minutes 54 seconds East along said south line a distance of 429.20 feet to a point on the easterly line of a tract of
land described in a deed recorded as Instrument Number 2005-26316 (the following three courses are along the
easterly lines of said tract ofland); 1) thence South 00 degrees 09 minutes 06 seconds West a distance of54.36 feet;
2) thence South 89 degrees 47 minutes 07 seconds East a distance of 156.00 feet; 3) thence South 00 degrees 09
minutes 06 seconds West a distance of 222.63 feet to the north line of a tract of land described in a deed recorded in
Deed Book 314, page 403; thence South 89 degrees 31 minutes 11 seconds East along said north line a distance of
307.73 feet to southwest comer ofa tract ofland described in a deed recorded in Deed Book 349, page 522; 1)
thence North 00 degrees 20 minutes 59 seconds East along the west line of said tract a distance of 689.87 feet to the
north line of said quarter-quarter section; 2) thence South 88 degrees 58 minutes 07 second East along said north
line a distance of379.80 feet to the northeast comer of said quarter-quarter section and the northeast comer ofa tract
ofland described in a deed recorded in Deed Book 349, page 523 (the following two courses are along the easterly
and southerly lines of said tract); 1) thence South 00 degrees 20 minutes 55 seconds West along the east line of said
quarter-quarter section a distance of 445.00 feet; 2) thence North 88 degrees 58 minutes 07 seconds West a distance
of 190.22 feet to the east line of the aforesaid tract ofland described in Deed Book 349, page 522; thence South 00
degrees 20 minutes 55 seconds West along said east line a distance of243.05 feet to the north line of the aforesaid
tract ofland described in a deed recorded in Deed Book 314, page 403; thence South 89 degrees 31 minutes 11
seconds East along said north line a distance of 190.21 feet to the east line of said quarter-quarter section; thence
South 00 degrees 20 minutes 55 seconds West along said east line a distance of 646.66 feet to the southeast comer
said quarter-quarter section; thence North 89 degrees 30 minutes 24 seconds West along the south line of said
quarter-quarter section a distance of 1275.51 feet to the east right-of-way line per road plans for Carmel Project
Number 04-11 for Westfield Boulevard (the following two courses are along said east right-of-way line); 1) thence
North 00 degrees 09 minutes 06 seconds East a distance of323.07 feet; 2) thence South 89 degrees 31 minutes 11
seconds East a distance of5.00 feet; thence North 00 degrees 09 minutes 06 seconds East a distance of597.1O feet
to the Point of Beginning, containing 27.358 acres, more or less.
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PHONE: (317) 849-5935
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'1711 N.PENNSYLVANJAAVE.5UITE260
CARMEL. IN 46032
P:317,573.S692
F': 317,590.97ge
E-MAIL: WWW.PrrrMANPARTNEAS.COM
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IssUE DATE: 020106
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THIS INSlRUMENT PREPARED BY:
DENNIS D. OlllSTEAD
STOEPPELWERTH AND ASSOCIA YES INC.
9940 AlUSONVfl.LE ROAD
F'lSHERS, INDIANA 460Ja
PHONE: (317) 849-59J5
THIS INSTRUMENT PREPARED FOR:
prTTWAN PARTNERS
11711 NORTH PENNSYlVANIA AVE. SUIT[ 260
CARUEL. INDIANA 46032
CONTACT: STEVE PIT'NAN
PHON(: (317) ~73-6692
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