Loading...
HomeMy WebLinkAboutPacket 08-19-03 ~~ CI C lJ [J ESTRIDGE DEVELOPMENT COMPANY, INC. Lockerbie Townhomes at Hunters Creek Request to Change Zoning Classification To a Planned Unit Development And Request for Primary Plat/ Developm nt_Plan Approval Docket No. 93-03-Z Carmel Plau Commission August 19, 2003 U ~..J Applicant: Estridge Development Company, Inc. c/o Mark Webber, Director of Townhome Development 1041 West Main Street Carmel, IN 46032 Phone: 208-4920 Engineer: Cort Crosby Schneider Engineering Phone: 898-8282 Attorney: James E. Shinaver NELSON &FRANKENBERGER 3021 East 98`h Street, Suite 220 Indianapolis, IN 46280 Telephone: 844-0106 Z-41$-63 ~J 1 TABLE OF CONTENTS ' 1. Explanation ' 2. Aerial photograph 3. Site plan 4. Renderings of building type elevations 5. Red-lined PUD Ordinance without Exhibits 6. Clean copy of PUD Ordinance with Exhibits Exhibit A -legal description Exhibit B 1 -photographic example of proposed townhome building Exhibit B2 -photographic example of proposed townhome building Exhibit C -landscape plan/conceptual development plan Exhibit D 1 -landscape plan for Building Type III ' Exhibit D2 -landscape plan for Building Type IV-A Exhibit D3 -landscape plan for Building Type IV-D Exhibit E -landscape buffer plan ' Exhibit F1 -photographic example of proposed yard lighting Exhibit F2 -photographic example ofproposed building lighting Exhibit G - rendering of proposed entryway treatment and entryway signage Exhibit H -entryway retaining wall rendering, including retaining wall dimensions and building materials H:\janet\estridge\TOC-PC 081903.doc I EXPLANATION Estridge Development Company, Inc. ("Estridge") is the contract purchaser of a 5 acre t parcel of real estate located north of U.S. 31 and north and east of the Meridian Village Plaza shopping center. More specifically, the real estate is located on the southwest corner of Rohrer Road and Marana Drive. Estridge filed a petition requesting that the zoning classification of the real estate be changed to a Planned Unit Development ("PUD") to permit the constmction of a townhome project. Concurrently, Estridge is also seeking primary plat/conceptual development V plan review of the site layout and development. This real estate was previously the site of the Cannel Bretheren Church; however, \ the Church structure is now vacant and unused. While the real estate does not have frontage on U.S. 31, it is located within, and is subject to, the U.S. 31 Overlay Zone requirements. Further, it is bordered on the south by the Meridian Village Plaza shopping center, which does have frontage on U.S. 31, and it is bordered on the northeast and west by single family residential subdivisions. Due to the location of the real estate, it could be utilized as an effective buffer or step-down in transition from the intense commercial uses to the south and the residential uses to the north. The real estate also has unique zoning characteristics. A portion of the real estate is zoned R-1, and the remaining portion of the real estate is actually zoned B-3. However, because the real estate is located within the U.S. 31 Overlay Zone, residential uses and many B-3 uses are prohibited. In light of the underlying zoning requirements and the surrounding uses, Estridge proposes to develop the real estate as a PUD townhome project. The living units would be sold to prospective purchasers via conveyance by fee simple title, and the anticipated base price range is approximately $170,000.00 to $220,000.00. ~~- Estridge appeared before the full Plan Commission on July 15, 2003 for its initial introduction of the above request. After the July 15`h full Plan Commission meeting, Estridge slightly revised its plan. Estridge then appeared before the Subdivision Committee on August 5, 2003, and received a unanimous favorable recommendation from the Committee in regard to both its rezone request and primary plat/conceptual development plan request. 1 Estridge has eliminated what was originally referred to as Building 9, which was to be located near the corner of Marana Drive and Rohrer Road. Estridge's original proposal 1 requested nine (9) townhome buildings with a maximum of thirty-four (34) living units. As a result of eliminating Building 9, Estridge is now requesting approval of eight (8) buildings with a total of thirty-one (31) living units. -The elimination of Building 9 has created additional open/green space. As a result of revising. the site layout, certain revisions were required to the text of the PUD Ordinance itself. Also, the Urban Forester, Scott Brewer, provided some helpful suggestions on clarifying the text regarding some of the landscape issues. Attached to the revised PUD Ordinance are the corresponding exhibits. Please note that the landscape exhibits for the overall site plan have been slightly revised to address the elimination of Building 9, as well as the inclusion of additional ornamental and shade trees per the request of Scott Brewer. Based on the landscape changes Estridge has made to the proposed plan, our understanding is that the landscape proposal is sufficient and acceptable to Mr. Brewer. During the July 15`" Plan Commission meeting, we explained that Estridge had worked very hard to satisfy the concerns of the adjacent Hunters Creek South neighborhood and to ;~ submit a project that the neighborhood could support. To this end, the President of the Hunters Creek South Homeowners Association, Dave Lambdin, expressed the neighborhood's support of Estridge's project at the July 15`" Plan Commission meeting. The additional revisions to 1 Estridge's proposal have strengthened even further the support of the project from the neighborhood because Building 9 has been eliminated, additional open green space has been created, and additional landscaping will be planted around the perimeter of the site. i The type and style of townhome that Estridge proposes to construct is the same type of townhome product that Estridge developed at its Centennial Subdivision located on Liberty Boulevard in Westfield, which is located adjacent to Springmill Road and North of 146`" Street. The model townhomes at Centennial aze open to the public, and we invite you to tour these model townhomes to view the type of product Estridge desires to build in Carmel. Estridge asserts that its proposed townhome PUD is consistent with the adjacent residential uses and that residential townhomes will provide an appropriate buffering transition, or step down, between U.S. 31 and the intense commercial uses to the south and the residential uses to the north, east, and west. We look forward to presenting the rezone request and primary plat/development plan review to the full Plan Commission at its August 19, 2003 hearing. H:\janet\esMdge\Explanation-PC 081903.doc 2 ;~~,..~ ®®, . ~, ,(r~ .I ~_ off' IIIN I -i g a <_A T 0 ~,~~ ~ ~~ __ ~ ROHRER ROAD AEn90nS LOCKERBIE TOWNHOMES ~~~§~s~~.~s R4~jga~ ~ 9 ;~~&i~ ~~_•°••'...,, ~. 4gaA9 ~ ;"~Q ; ~ ` F ~~ { p '' ? 8 gtt i , / b/ t0 C~c ~TF ~ : ~ C HUNTERS CREEK ~z ~ a a;;~ - 'Qy Q j 9+I i j~bK /pj NO Z~ i ££ ~ ~ ~ CARYEL INDIANA - 3 ^ ~ ~ y. ~ Sma ~ ~ ~ E ~ a u' ~ B aa. AZ;~ iei is iA ~: ~yo ' r j At ,, , o,~ i':,~\.~ ESTRIDGE DEVEIAPNENT CD., INC. i °~^ $8 ~ ~ V tl q ~y ~ 9~'i~~q ~€N9~5 , ..,. ,..,uu r`.. [.p""""°~ CARNEL INDIANA I' I I I ~_ ._.. L_ ~~~ a m~~ ~~ ~Isa~€EggvA ~ I~~O ~%xa ~e~ - I g~n~{s~s:;~Nerm ~~Zd ~SRCY^AN? ~D I .[~,s'a9 AN~ r~i N - N L~ r C mz-~_~_ q A \\ O UNIT 5 A4.1 ~----- ® IIFH--IIF-F- ® IIIIIL-rri{- I~~IIII-iH -- - - - - - - - PROJECTING WINDOW 8AY - RIPP 1X6 CORNER TRIM W/ 1X6 T&B '~ & 1X4 SIDE TRIM OVER 7/16' 'SMART BOARD' PANEL, PAINTED TYPICAL OF (2) PORCH BAYS Townhome Buildin T e III WINDOW LINTEL SAW-CUT FACE BRICK VENEER INSTALL FLASHING W/ RIGLET (TYPICAL) i I A4.2 27'0 FYPON VENT (/ 661403) FYPON BRACKETS (~' 063900) ALUM. GUTTER OVER 1x6 WOOD FASCIA, PAINT 1x8 WOOD FRIEZE 1x6 TRIM, PAINTED NAILITE SHAKE SIDING 7] SINGLE-HUNG VINri VANDOWS 11JJ 1x6 WOOD CORNERBOARD ~-1x6 INSET TRIM, PAINTED BRICK VENEER COLOR BY OWNER 16'x18' BRICK BASE TYPE 'A' i~ ~,~ 1 1 1' .r i +~e~-a' ROOF BRG +,~_z~~ SECOND n b FIRST FLOd +0 -O' i u~rvmic nnru Townhome Buildin T e IV- u ~„~~ u ~~ WET L PANiFD ~~ n~ ~i~/ . ,.., '~ . ,~ O O ' ORDINANCE NO. ,~ Sponsor: Draft #~ Dated 8!8103 1 LOCKERBIE TOWNHOMES AT HUNTERS CREEK PLANNED UNIT DEVELOPMENT DISTRICT A 1 ,~ TABLE OF CONTENTS AND SCHEDULE OF EXHIBITS TABLE OF CONTENTS Page 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. Plallin;? ................................................................................... ............5 Section 6. Height Area Square Footage and Architectural Design Requirements ............. ..............5 Section 7. Landscaping Reauirements ................................................................................... ..............7 Section 8. Lighting Requirements .......................................................................................... ..............9 Section 9. Signs ..................................................................................................................... ............10 Section 10. Mechanical Eauinment ....................................................................................... ............10 Section 11. Retainim~ Walls ................................................................................................... ............ 10 Section 12. Homeowners Association and Declaration of Covenants ................................. ............10 Section -1 13. r~urav~il Process ...... I 1 Section l4 . Definitions and Rules ofConstruction ............................................................... ............11 Section-I=1- 15. Violations ....................................................................................................... ........~...... ~ I; 2 A SCHEDULE OF EXHIBITS ' A Real Estate -legal description B-1 Photographs of building type B-2 C Photographs of building type Landscape Plan/Conceptual Development Plan D-1 Individual Building Type III Landscape Plan D-2 D-3 Individual Building Type I\'-A Landscape Plan Individual Building Type I VD Landscape Plan " E 1~~1im++~ar-yLundse~+tae Buffer Plan ' F-1 F-2 Phou>~~rauh of yard liahtine Photograph ofbuildine lighting G L=ntrvway treatment and entryway si >t~ec FI l~nuy~~'av retaining wall rcndcrint; and rctainin~ wall dimensions and buildim, materials .~ Sponsor: _ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE LOCKERBIE TOWNHOMES AT HUNTERS CREEK a 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 of I.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 "Ordinance") which establishes the Lockerbie Townhomes at Hunters Creek 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) from and after the passage and signing by the Mayor of this Ordinance, the U.S. 31 Highway Overlay Zone Ordinance No. 2430 shall no longer apply to the Real Estate, 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 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 the Lockerbie Townhomes at Hunters Creek. 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 of this Ordinance shall apply. The underlying zoning classification of the ' Real Estate shall be R-4/Residence District of the Carmel/Clay Zoning Ordinance in force and effect at the time of the enactment of this Ordinance. ' Section 1.3 Any capitalized temt 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. 4 Section 2 Permitted Primary Uses: Condominiums and/ormulti-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 Plattine: The platting of the Real Estate into smaller tracts shall be permitted. However, the development of any parcel must still conform to the Final Development Plan for the entire tract as approved or amended by the Director, and all other applicable requirements ' contained in this Ordinance. Section 6 Height, Area and Square Footage Requirements: Section 6.1 Maximum Buildin Height: The maximum Building Height is thirty-four (34) feet. Section 6.2 Minimum Set Back: The Minimum Set Back from the perimeter boundary line of the Real Estate contiguous with Marana Drive shall be fifteen (15) feet, ' and along the west property line of the Real Estate the Minimum Set Back shall be sixty (60) feet, along the south and southwest property line of the Real Estate the Minimum Set Back shall be fifty (50) feet, and along the east property line of the Real Estate, the Minimum Set Back shall be twenty-five (25) feet. Section 6.3 Minimum Building SeUaration. The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be fifteen (15) feet. Section 6.4 Maximum Parcel Coverage, Density and Square Footage: A. Maximum Parcel Coverage shall be twenty-seven percent (27%), excluding patios and driveways. w B. There shall be a maximum of thirty-one (31) units on approximately five (5) acres for a density of 6.2 units per acre. C. Square Footage of Floor Plans for Product offerings: ' 1. Floor Plan -Amherst a. Minimum square footage lower level - 670 square feet, not including garage or porch. 5 b. Minimum square footage upper level - 790 square feet. c. Minimum square footage garage - 275 square feet. 2. Floor Plan - Berkeley ' a. Minimum square footage lower level - 900 square feet, not including garage or porch. b. Minimum square footage upper level - 960 square feet. c. Minimum square footage garage-490 square feet. 3. Floor Plan -Columbia ' a. Minimum square footage lower level - 865 square feet, not including garage or porch. ' b Mi i f t l l 995 f . n mum square oo age upper eve - square eet. c. Minimum square footage garage - 510 square feet. 4. Floor Plan -Duke a. Minimum square footage lower level - 1,100 square feet, not including garage or porch. b i i . M n mum square footage upper level - 1,000 square feet. c. Minimum square footage garage - 475 square feet. 5. Floor Plan - Emory a. Minimum square footage lower level - 1,030 square feet, not including garage or porch. ' b. Minimum square footage upper level - 1,215 square feet. c. Minimum square footage garage - 520 square feet. Section 6.5 Architectural Design Requirements: A. Suitability of buildine materials: A minimum of four (4) materials shall be used for Building exteriors, from the following list: architectural molded shake panels, brick, limestone caps, copper roof hoods, architectural 6 Fypon window heads and louver vents, engineered wood for exterior trim and/or the equivalents thereof for all of the foregoing. ' B. Roof design: All roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 8 vertical. C. Photographic examples of Townhome's facade building materials: Attached hereto and incorporated herein by reference as Exhibit B-1 and ' Exhibit B-2, are photographic examples, depicting the typical building materials and architectural elements of the Buildings to be constructed upon the Real Estate. r Section 6.6 Maximum Number of Buildings. There shall be no more than n+ne (~1)ei~~ht 8 Buildings located upon the Real Estate. ' Section 7 Landscaping Requirements: Section 7.1 Greenbelt. The Greenbelt shall exist around the entire perimeter of the Real Estate, except for the northern boundary of the Real Estate adjacent to Marana Drive. 1 Section 7.2 Proposed Landscaping Plan: The proposed landscaping plan shall consist of: (i) the landscape detail depicted on the preliminary landscape plan which is attached hereto as Exhibit C (hereafter "Preliminary Landscape Plan"); (ii) the individual building type landscape plans attached hereto as Exhibit D-1, Exhibit D-2, and Exhibit D-3 (hereafter "Individual Building Type Landscape Plans"); and (iii) the preliminary buffer ' plan attached hereto as Exhibit E (hereafter "Preliminary Buffer Plan"). The Preliminary Landscape Plan, the Individual Building Type Landscape Plans, and the Preliminary Buffer Plan shall be, collectively, referred to as the "Proposed Landscaping Plan". The Proposed Landscaping Plan is intended to illustrate the landscape requirements set forth in this Section 7. Section 7.3 Areas to be Landscaped: A. Preliminary Landscape Plan and Preliminary Buffer Plan 1. Marana Drive Buffer: a. The Marana Drive buffer shall be ten (10) feet in width and is identified on the Preliminary Landscape Plan and Preliminary Buffer Plan. ' b. The purpose of the Marana Drive buffer is to allow screening for both the adjacent existing homes, as well as the proposed townhomes. 7 c. The landscaping in the Marana Drive buffer shall include ' Shade Trees, planted along the northern property line of the Real Estate, with the exception of the two (2) street entrances off Marana Drive. 2. Rohrer Road Buffer: a. The Rohrer Road buffer shall be fifteen (15) feet in width and is identified on the Preliminary Landscape Plan and the ' Preliminary Buffer Plan. b. The purpose of the Rorher Road buffer is to enhance the property perimeter along Rohrer Road. c. The landscaping in the Rorher Road buffer shall include Evergreen trees, with the exception of the lake, where it shall ' have Shade Trees. 3. Meridian Village Plaza Buffer: a. The Meridian Village Plaza buffer shall be twenty (20) feet in width and is identified on the Preliminary Landscape Plan and Preliminary Buffer Plan. b. The purpose of the Meridian Village Plaza buffer is to provide screening for the proposed townhomes from adjacent retail center to the south. c. The landscaping for the Meridian Village Plaza buffer shall include groupings of Evergreen Trees, with shrubs on either side of the groupings. 4. West Buffer: a. The West buffer shall be five (5) feet in width and is identified on the Preliminary Landscape Plan and Preliminary Buffer Plan. b. The purpose of the West buffer is to provide a landscaped area ' to accent the Real Estate and screen the existing residential area from the proposed townhomes. c. The landscaping in the West buffer shall include Evergreen ' Trees. B. Individual Buildine Twe Landscape Plans _ 1. Building Type III: Base Building landscaping shall include one (1) ' Ornamental Tree per townhome unit, as well as front foundation plantings as depicted on the attached Exhibit D-l. ' 2. Building Type IV-A: Base Building landscaping shall include one (1) Ornamental Tree per townhome unit, as well as front foundation plantings as depicted on the attached Exhibit D-2. 8 3. Building Type IV-D: Base Building landscaping shall include one ' (1) Ornamental Tree per townhome unit, as well front foundation plantings as depicted on the attached Exhibit D-3 . ' Section 7.4 Landscaping Standards: A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: I. Shade trees: a minimum trunk diameter of 2 inches at six (6) inches above [he ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than %z of tree height. ' 2. Ornamental trees: a minimum trunk diameter of 1% inches at six (6) inches above the ground line; and 3. Shrubs: shrubs may be deciduous or evergreen, and shall be eighteen (18) inches at height at planting. ' 4. Evergreen Trees: shall be six feet (6 ) in height at planting. Section 7.5 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 8. Lighting Requirements: ' Section 8.1. A. Front of Townhome lighting: Each townhome unit shall have one (1) yard light on a post that is activated by a dusk-to-dawn sensor, located in the front yard, as is depicted on Exhibit F-I, which is attached hereto and incorporated herein Ins relerence. ' 9 B. Rear of Townhome li hting: Each townhome unit 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, as is depicted on Exhibit F-2, which is attached hereto and incorporated herein by refacnee. Section 9 Signs Section 9.1. Ground Signs. A. Tune: A Ground/Entryway Sign shall be permitted near the entrance of - the development adjacent to Marana Drive and Offutt Drive, as is dcnictcd on Exhibit G. ~a~hich is attached ,hereto and incorporated herein b reference. B. Maximum Sign Area: Thirty-six {36) square feet each. C. Illumination: ~teFwal-m-e~teH~Lztcrnal. D. Sign Permit: Required. E. Fees: Required. Section 10 Mechanical Equipment Section 10.1 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 I I Retaining Walls Section I l.l. Retaining Walls. Anv_rcuiinin~~ walls utilized nn the Rea) F„slate shall con(hini to the standards and dimunions ~~hic,h are depicted on Exhibrt FI which is lunched hereto uui inco~oiated hcrUn b reference yo single reu~imm= wall shall ~acced fi ftv (~0) feet in Icn,th. "The n,~grcgxu amount of all rct nnmg t+ ills utilized on the Keal Estate shall not cacced two hundred and fifty (250) feet in total length. Section 1-1-12 Homeowners Association and Declaration of Covenants Section-1-1-f12.1 Homeowners Association: There shall be a mandatory Homeowners Association established which shall be for the Lockerbie Townhomes at ' Hunters Creek with the following requirements: an initiation fee, a budget requirement to fund general reserves, and provisions regarding the use of Real Estate and improvement approval requirements after initial construction. ' 10 r Section 1-1-12_2 Declaration of Covenants: Declaration of Covenants shall be recorded which shall also contain various requirements and provisions regarding the Real ' Estate. Section 1?-13. Approval Process: ' Section )-?-1-13l . Approval or Denial of the Primary P1aUDevelopment Plan. 1 A. Exhibit C, which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Development Plan (the "CDP"). The CDP '" has been reviewed and approved by the Plan Commission. B. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Final Development Plan (the "FDP") for the Lockerbie Townhomes at Hunters Creek; provided, however, that the Director shall not unreasonably withhold or delay his or her approval of the FDP that is in substantial conformance with the CDP and is in conformance with the Development Requirements of this Ordinance. If the Director disapproves the FDP for the Lockerbie Townhomes at Hunters Creek, 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 CDP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a substantial or material alteration between the approved CDP and the proposed FDP, the Director may, in his or her sole 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. E. ADLS approval is not required for this residential project ' Section -131=1 Definitions and Rules ofConstruction: Section -114.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: 11 A. The singular number includes [he 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 requrrement. ' Section ~-"5-214.2 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. Accessorv Use: A use subordinate to the main use, located on the Real t Estate or in the same building as the main use, and incidental to the main use. C. Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and ' intended for human occupancy. D. Building Height: The vertical distance from the ground level at the main ' entrance to the highest ridge point of the roof structure. E. City: The City of Carmel, Indiana. F. Commission: The Carmel/Clay Plan Commission. ' G. Council: The City Council of the City of Carmel, Indiana. H. County: Hamilton County, Indiana. I. 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. J. Development 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. K. 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, 12 parking, drainage, erosion control, signage, lighting, screening and building information for the site. ' L. Development Requirements. Development standards and any requirements specified in this Ordinance which must be satisfied in ' connection with the approval of a Development Plan. 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. Greenbelt: A strip, fifteen (15) feet in width, around the entire perimeter of the Real Estate, except the northern border of the Real Estate adjacent to Marana Drive. The Greenbelt shall be unoccupied except for plant materials, steps, walks, terraces, bike paths, driveways, lighting standards, patios, sidewalks, internal roadways, lakes and ponds and other similar structures. 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 of land permanently dedicated to provide light, air and access. ' R. SetBack: 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. Sigp: 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. Section a~=1-15 . Violations. All violations of this Ordinance shall be subject to Section 34.0 of the Ca rmel/Clay Zoning Ordinance. 13 t PASSED by the Common Council of the City of Carmel, Indiana this 2003, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARAIEL Presiding Officer Wayne Wilson, President Pro Tempore Robert Battreall Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer day of Kevin Kirby John R. Koven N.L. Rundle Luci Snyder Presented by me to the Mayor of the City of Carmel, Indiana the day of 2003, at o'clock .M. Diana L. Cordray, IAMC, Clerk Treasurer 14 r Approved by me, Mayor of the City of Carmel, Indiana, this day of 2003, at o'clock .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: James E. Shinaver NELSON &FRANKENBERGER 3021 East 98`h Street, Suite 220 Indianapolis, IN 46280 H:VanetAEstridge~PUD Draft [17a4u?.IocOSQlQjdoc 15 EXHIBIT "A" Leval Description r TRACT A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: r COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 06 MINUTES 42 SECONDS EAST (ASSUMED BEARING) ON THE EAST LINE OF SAID SOUTHWEST QUARTER 1451.11 FEET; THENCE NORTH 88 DEGREES 00 MINUTES 00 SECONDS WEST 40.03 FEET TO THE TRUE POINT OF BEGINNING FOR THE TRACT HEREIN DESCRIBED; THENCE NORTH 88 DEGREES 00 MINUTES 00 ... SECONDS WEST 715.00 FEET; THENCE SOUTH Ol DEGREE 03 MINUTES 53 ' SECONDS EAST 201.80 FEET; THENCE SOUTH 62 DEGREES 24 MINUTES 21 SECONDS EAST 324.67 FEET; THENCE SOUTH 88 DEGREES 00 MINUTES 00 SECONDS EAST 365.87 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE FOR U.S. HIGHWAY 31 PER WARRANTY DEED RECORDED IN DEED RECORD 248, PAGE 216 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE NORTH 16 DEGREES 54 MINUTES 30 SECONDS ' EAST ON SAID NORTHWESTERLY RIGHT-OF-WAY LINE 198.45 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 42 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER 150.10 FEET TO THE POINT OF ' BEGINNING, CONTAINING 5.000 ACRES, MORE OR LESS. H:VanetAEstridgeAPUD Draft ~)+?v~e3,dne080K0 _.il~ic ' 16 1 ORDINANCE NO. Sponsor: Draft #3 Dated 8/8/03 LOCKERBIE TOWNHOMES AT HUNTERS CREEK PLANNED UNIT DEVELOPMENT DISTRICT 1 i 1 t i TABLE OF CONTENTS AND SCHEDULE OF EXHIBITS TABLE OF CONTENTS Page Section 1. Applicability of Ordinance ................................................................................ .................4 Section 2. Permitted Primar~ .................................................................................... .................5 Section 3. Accessory Buildings and Uses ........................................................................... .................5 Section 4. Communication Equinment ............................................................................... .................5 Section 5. Plattine ........................................................................................................ .................5 Section 6. Height, Area, Square Foota¢e and Architectural Design Requirements .......... .................5 Section 7. Landscapin Requirements ............................... ................................................. ................. 7 Section 8. Lighting Requirements ....................................................................................... .................9 Section 9. Si s ...................................................................................................... ...............10 Section I0 . Mechanical Equipment .................................................................................... ...............10 Section 11 . Retainine Walls ................................................................................................ ...............10 Section 12 . Homeowners Association and Declaration of Covenants .............................. ...............10 Section 13 . Aonroval Process ............................................................................................. ............... l 1 Section 14 . Definitions and Rules of Construction ............................................................ ...............11 Section 15 . Violations ......................................................................................................... ...............13 2 SCHEDULE OF EXHIBITS ,~ Cl A Real Estate -legal description B-1 Photograph of building type B-2 Photographs of building type C Landscape Plan/Conceptual Development Plan D-I Individual Building Type III Landscape Plan D-2 Individual Building Type IV-A Landscape Plan D-3 Individual Building Type IV-D Landscape Plan E Landscape Buffer Plan F-1 Photograph of yard lighting F-2 Photograph of building lighting G Entryway treatment and entryway signage H Entryway retaining wall rendering and retaining wall dimensions and building materials 3 Sponsor: ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE LOCKERBIE TOWNHOMES AT HUNTERS CREEK 1 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 of LC. § 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 "Ordinance") which establishes the Lockerbie Townhomes at Hunters Creek Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of ~, Cannel, Indiana (the "Council"), that (i) pursuant to IC §36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Canne]/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) from and after the passage and signing by the Mayor of this Ordinance, the U.S. 31 Highway Overlay Zone Ordinance No. 2430 shall no longer apply to the Real Estate, 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 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 the Lockerbie Townhomes at Hunters Creek. 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 CarmellClay 1 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 of this Ordinance shall apply. The underlying zoning classification of the Real Estate shall be R-4/Residence District of the Carmel/Clay Zoning Ordinance in force and effect at the time of the enactment of this Ordinance. 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. 4 ~~ Section 2 Permitted Primary Uses: 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. 1 Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted. However, the development of any parcel must still conform to the Final Development Plan for the entire tract as approved or amended by the Director, 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 is thirty-four (34) feet. Section 6.2 Minimum Set Back: The Minimum Set Back from the perimeter boundary line of the Real Estate contiguous with Marana Drive shall be fifteen (15) feet, ' and along the west property line of the Real Estate the Minimum Set Back shall be sixty (60) feet, along the south and southwest property line of the Real Estate the Minimum Set Back shall be fifty (50) feet, and along the east property line of the Real Estate, the '~, Minimum Set Back shall be twenty-five (25) feet. Section 6.3 Minimum Building Separation. The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be fifteen (] 5) feet. Section 6.4 Maximum Parcel Coverage, Density and Square Footage: '' A. Maximum Parcel Coverage shall be twenty-seven percent (27%), _ excluding patios and driveways. ~ B. There shall be a maximum of thirty-one (31) units on approximately five ' (5) acres for a density of 6.2 units per acre. C. Square Footage of Floor Plans for Product offerings: 1. Floor Plan -Amherst a. Minimum square footage lower level - 670 square feet, not including garage or porch. 5 .~ b. Minimum square footage upper level - 790 square feet. c. Minimum square footage garage - 275 square feet. 2. Floor Plan - Berkeley a. Minimum square footage lower level - 900 square feet, not including garage or porch. b. Minimum square footage upper level - 960 square feet. c. Minimum square footage garage - 490 square feet. 3. Floor Plan -Columbia 1' a. Minimum square footage lower level - 865 square feet, not including garage or porch. b. Minimum square footage upper level - 995 square feet. c. Minimum square footage garage - 510 square feet. 4. Floor Plan -Duke a. Minimum square footage lower level - 1,100 square feet, not including garage or porch. b. Minimum square footage upper level - 1,000 square feet. c. Minimum square footage garage - 475 square feet. 5. Floor Plan -Emory a. Minimum square footage lower level - 1,030 square feet, not including garage or porch. b. Minimum square footage upper level - 1,215 square feet. c. Minimum square footage garage - 520 square feet. Section 6.5 Architectural Design Requirements: A. Suitability of building materials: A minimum of four (4) materials shall be used for Building exteriors, from the following list: architectural molded shake panels, brick, limestone caps, copper roof hoods, architectural 6 Fypon window heads and louver vents, engineered wood for exterior trim and/or the equivalents thereof for all of the foregoing. B. Roof design: All roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 8 vertical. C. Photographic examples of Townhome's facade buildine materials Attached hereto and incorporated herein by reference as Exhibit B-1 and Exhibit B-2, are photographic examples, depicting the typical building materials and architectural elements of the Buildings to be constructed upon the Real Estate. Section 6.6 Maximum Number of Buildings. There shall be no more than eight (8) Buildings located upon the Real Estate. Section 7 Landscaping Requirements: Section 7.1 Greenbelt. The Greenbelt shall exist around the entire perimeter of the Real Estate, except for the northern boundary of the Real Estate adjacent to Marana Drive. ~' Section 7.2 Proposed Landscaping Plan: The proposed landscaping plan shall consist of: (i) the landscape detail depicted on the preliminary landscape plan which is attached hereto as Exhibit C (hereafter "Preliminary Landscape Plan"); (ii) the individual building type landscape plans attached hereto as Exhibit D-I, Exhibit D-2, and Exhibit D-3 (hereafter "Individual Building Type Landscape Plans"); and (iii) the preliminary buffer plan attached hereto as Exhibit E (hereafter "Preliminary Buffer Plan"). The Preliminary Landscape Plan, the Individual Building Type Landscape Plans, and the Preliminary Buffer Plan shall be, collectively, referred to as the "Proposed Landscaping Plan". The Proposed Landscaping Plan is intended to illustrate the landscape requirements set forth in this Section 7. Section 7.3 Areas to be Landscaped: A. Preliminary Landscape Plan and Preliminary Buffer Plan ~ 1. Marana Drive Buffer: a. The Marana Drive buffer shall be ten (10) feet in width and is identified on the Preliminary Landscape Plan and Preliminary Buffer Plan. b. The purpose of the Marana Drive buffer is to allow screening for both the adjacent existing homes, as well as the proposed townhomes. I c. The landscaping in the Marana Drive buffer shall include Shade Trees, planted along the northern property line of the Real Estate, with the exception of the two (2) street entrances off Marana Drive. 2. Rohrer Road Buffer: a. The Rohrer Road buffer shall be fifteen (15) feet in width and is identified on the Preliminary Landscape Plan and the ' Preliminary Buffer Plan. b. The purpose of the Rorher Road buffer is to enhance the property perimeter along Rohrer Road. c. The landscaping in the Rorher Road buffer shall include Evergreen trees, with the exception of the lake, where it shall have Shade Trees. 3. M eridian Village Plaza Buffer: a. The Meridian Village Plaza buffer shall be twenty (20) feet in width and is identified on the Preliminary Landscape Plan and Preliminary Buffer Plan. I b. The purpose of the Meridian Village Plaza buffer is to provide screening for the proposed townhomes from adjacent retail center to the south. c. The landscaping for the Meridian Village Plaza buffer shall include groupings of Evergreen Trees, with sluubs on either side of the groupings. ' 4. W est Buffer: a. The West buffer shall be five (5) feet in width and is identified I on the Preliminary Landscape Plan and Preliminary Buffer Plan. b. The purpose of the West buffer is to provide a landscaped area to accent the Real Estate and screen the existing residential area from the proposed townhomes. c. The landscaping in the West buffer shall include Evergeen Trees. B. Individual Building Tvpe Landscape Plans 1. Building Type III: Base Building landscaping shall include one (1) Omamental Tree per townhome unit, as well as front foundation plantings as depicted on the attached Exhibit D-1. ' 2. Building Type IV-A: Base Building landscaping shall include one (1) Ornamental Tree per townhome unit, as well as front foundation plantings as depicted on the attached Exhibit D-2. 8 1 3. Building Type IV-D: Base Building landscaping shall include one (1) Ornamental Tree per townhome unit, as well front foundation plantings as depicted on the attached Exhibit D-3. Section 7.4 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 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than %Z of tree height. 2. Ornamental trees: a minimum trunk diameter of 1% inches at six (6) inches above the ground line; and I 3. Shrubs: shrubs may be deciduous or evergreen, and shall be - eighteen (18) inches at height at planting. 4. Evergreen Trees: shall be six Feet (6') in height at planting. Section 7.5 Landscaping Installation and Maintenance: I A. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and lake areas 1 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 8 L~hting Requirements: Section 8.1. A. Front of Townhome lighting: Each townhome unit shall have one (1) yard ' light on a post that is activated by a dusk-to-dawn sensor, located in the front yard, as is depicted on Exhibit F-1, which is attached hereto and incorporated herein by reference. B. Rear of Townhome lighting: Each townhome unit shall have two (2) exterior grade coach lights mounted on either side of the overhead garage 1 door, each one activated by a dusk-to-dawn sensor, as is depicted on Exhibit F-2, which is attached hereto and incorporated herein by reference. 9 ' Section 9 Sims Section 9.1. Ground Signs. A. Twe: A Ground/Entryway Sign shall be permitted near the entrance of the development adjacent to Marana Drive and Offutt Drive, as is depicted on Exhibit G, which is attached hereto and incorporated herein by reference. B. Maximum Si n Area: Thirty-six (36) square feet each. C. Illumination: External. D. Sign Permit: Required. E. Fees: Required. Section 10 Mechanical Equipment Section 10.1 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 11 Retaining Walls Section 11.1. Retainin Walls. Any retaining walls utilized on the Real Estate shall 1 conform to the standards and dimensions which are depicted on Exhibit H, which is attached hereto and incorporated herein by reference. No single retaining wall shall exceed fifty (50) feet in length. The aggregate amount of all retaining walls utilized on ' the Real Estate shall not exceed two hundred and fifty (250) feet in total length. Section 12 Homeowners Association and Declaration of Covenants ~ Section 12.1 Homeowners Association: There shall be a mandatory Homeowners Association established which shall be for the Lockerbie Townhomes at Hunters Creek ~, with the following requirements: an initiation fee, a budget requirement to fund general reserves, and provisions regarding the use of Real Estate and improvement approval + requirements after initial construction. Section 12.2 Declaration of Covenants: Declaration of Covenants shall be recorded which shall also contain various requirements and provisions regarding the Rea] Estate. 10 Section 13. Approval Process: Section 13.1. Approval or Denial of the Primary Plat/Development Plan. A. Exhibit C, which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Development Plan (the "CDP"). The CDP has been reviewed and approved by the Plan Commission. B. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Final Development Plan (the "FDP") for the Lockerbie Townhomes at Hunters Creek; provided, however, that the Director shall not unreasonably withhold or delay his or her approval of the FDP that is in substantial conformance with the CDP and is in conformance with the Development Requirements of this Ordinance. If the Director disapproves the FDP for the Lockerbie Townhomes at Hunters Creek, 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 CDP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a substantial or material alteration ' between the approved CDP and the proposed FDP, the Director may, in his or her sole discretion, refer the amended FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a 1 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. E. ADLS approval is not required for this residential project. Section 14 Definitions and Rules of Construction: Section 14.1 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. r 11 ~~ C. The word "shall" is a mandatory requirement The word "may" is a permissive requirement. The word "should" is a preferred r-eguirement. Section 14.2 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. Accessor~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 1 use. C. Buildine: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. D. Building Height: The vertical distance from the ground level at the main entrance to the highest ridge point of the roof structure. ' E. City: The City of Carmel, Indiana. F. Commission: The Carmel/Clay Plan Commission. G. Council: The City Council of the City of Carmel, Indiana. ' H. County: Hamilton County, Indiana. I. 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. ~ J. Development 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. K. 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. 12 ' L. Development Requirements. Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a Development Plan. 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. Greenbelt: A strip, fifteen (15) feet in width, around the entire perimeter of the Real Estate, except the northern border of the Real Estate adjacent to Marana Drive. The Greenbelt shall be unoccupied except for plant ' materials, steps, walks, terraces, bike paths, driveways, lighting standards, patios, sidewalks, internal roadways, lakes and ponds and other similar structures. 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 of land permanently dedicated to provide light, air and access. R. SetBack: 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 deFned and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as ' amended. Section 15. Violations. All violations of this Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. 13 1 PASSED by the Common Council of the City of Carmel, Indiana this 2003, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer day of Kevin Kirby Wayne Wilson, President Pro Tempore John R. Koven Robert Battreall N.L. Rundle 14 r 1 Ronald E. Carter Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the day of 2003, at o'clock .M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2003, at o'clock .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: James E. Shinaver NELSON &FRANKENBERGER 3021 East 98`h Street, Suite 220 Indianapolis, IN 46280 H:Vanet\Hstridgc\PUD Draft 080803.doc 15 1 EXHIBIT "A" ~ Legal Description TRACT A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 06 MINUTES 42 SECONDS EAST (ASSUMED BEARING) ON THE EAST LINE OF SAID SOUTHWEST QUARTER 1451.11 FEET; THENCE NORTH 88 DEGREES 00 MINUTES 00 SECONDS WEST 40.03 FEET TO THE TRUE POINT OF BEGINNING FOR THE TRACT HEREIN DESCRIBED; THENCE NORTH 88 DEGREES 00 MINUTES 00 SECONDS WEST 715.00 FEET; THENCE SOUTH O1 DEGREE 03 MINUTES 53 SECONDS EAST 201.80 FEET; THENCE SOUTH 62 DEGREES 24 MINUTES 21 SECONDS EAST 324.67 FEET; THENCE SOUTH 88 DEGREES 00 MINUTES 00 SECONDS EAST 365.87 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE FOR U.S. HIGHWAY 31 PER WARRANTY DEED RECORDED INDEED RECORD 248, PAGE 216 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE NORTH 16 DEGREES 54 MINUTES 30 SECONDS ' EAST ON SAID NORTHWESTERLY RIGHT-OF-WAY LINE 198.45 FEET; THENCE NORTH 00 DEGREES O6 MINUTES 42 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER 150.10 FEET TO THE POINT OF BEGINNING, CONTAINING 5.000 ACRES, MORE OR LESS. H:Vane[\EsVidge\PUD Drag 080803.doc 16 i ~ ~ ~ ~ ~ ~' ~ ~ ~ ~ r ~ ~ ~ ~ ~ ---- ( ._-._ yv°H ~wna+t~•o Mf.anM'o ;, aww,r r..fr..e n fw.o w.wvf«x~.,+aw. rw.- eofv,.n r+w:o.n. nv n.ruq~wd.m~w~ rv. gr,ifn>^m..~n f»wr,f~rwM w..,rwn ., o,rx~.~e ue w~i. ~f ~v/ Ilq v u 2m~y~yy~~ pp M RWhYIIU .dl J~C~ ~ (~`JI ~'~ .. rcnru,em••s ••«rt.n~••••••.•••,~ rnrznrmr uew.r Mr'«c`~.r fit .Ofi ° .i :qc~S rm.~ua~vsw+ °""°r""d° ~~~ ~f.n .re af~••we u vc,~ p~;~j •nl~y~~~ ~~I.~i ~i { I . ~ ~'v j0 ~ 1oayS ~*MIII/rNw y f f!t...urn.r,f.a.+<ufw+t..,.,.~.a,~ ..rf.m,lfw, n ~ rf~U \y~~~ ~~U 1r/ ~~ c +~ p~q~s ~p,~~7tvy;~'l p~; T ' ~ 1~,1 `1% ~ ... ' -- . . Wt A., Atu•Tn rixnu qrn tw,nvrMxrnf ~f~tf~,y~..c,f~rfrM rw'Porn~rewtlr+V Mx,>t1V tfrK lr rf eyraq e». 1~t~7[n`~n~lf i~k~l Ilol dWfR h9h~ ~+~lA~'.u;tl ~.2;1 . .V ~~[~i~01~1[~InUnlO~t ~~7~~1~7~ ~ o ~1 ,L7~lli-CJIN3 ___~_____.__.__ ~,~ ~~~„i~~. 51f°ISN~b w agvtnaM ru. rsrr lr. q Ml.b T+f_,i 6 1 ~ ~. ,y,~ ~~I ~ t ~' v. ~ y 1y11 dL Q ~ ~' n n r n. W ~ v _ ~ ~ I ' I 1 I __ ~. ~ i ~ I ~ ' i' a ~ F.' ' ~, ,~ I u. i m~ #:~' i t ~`~ 7 j J (\ I ' .. ~, ' II i~ ~I !! ~ ' I` '-1 ffi I ! ! i i 1 l ~ ~ __-` d { ry 1 r ~, I f~ ~. ~ .~ ;« `4 r' -'t I; ~ d i i ~ ~~ 1 i `~ I ~~!{ ".+- i k, \f ^f Y ~~ i.. !. ~~ 1~ 4~ry o bJ ~ ~ J N ~ .r .C r' 03 c ,~ F~ m '~ i I .n I T cs ~ } ~ n. ti ¢ I ~ `" " "' ~ m '~ a ~ . ~! N ~ f 4 `-' i r f ~n !~ _i W ne ~ ~ ~ g ~ I ~ ~I 7 W n { Y N 4 A L 1 I ~ l ~ ~ ; 1 ` ~ 111 LL lLL Il n ~ / '1~^ ~ I ( ~ fl ~ ~ I w r_ }- lLl / ~ I a u a~ 4~ k. UiU'U -- U.U,U'~UI i iV~cV ivlfv (V!lV~ i~i~IfD ~N~ N-N Idl i~~.,N„p ,m SIN. Ifnj Kl m,' fNIN a ~ ~ ~ E ~,L =ICI ~~ `~fi oo~ i3,~ ~~ a~~A ~ ' i ' ''~ ~, ~ a. _ ~. ~ ~ c ~, , s :X. ¢ V 0 A'tIB/'$4~"~bQ~'1 ~ ~ {~ ,$,?C ~ ~~: ~ ~ ~. ,~,: ~'I l f t s~ ~ ' , ~ :~~f ~ ~=1.,.~1,~!,,.1h ~ ~:`r~ ~J~~ ii" 7filfri~'~l m~ ~- w ~' sal9q~ ~i ~~ ~ r,'. =,~ +iii.' ,'R~ II ~_ I - .. _~ "t i:3 ~i ~Ls ~, ~~ ~ _ -- .. __ ~, ~. ~ -- . G; ~_ r 4 1 ~_ - •1 _~ n: i „~ •.a -~, ;; i G~ ,. i nl n " ~ i', 'i m :' i k ~.u ~?) '.. iti -, i i ~ ~ ~ i ~ i ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ it ~- ,; •t-~ ~ ~ ~ ~ ~ ~ ~' ;. I. ;. (;I ~;. J~ lV' ~ ~ ~ ~ ~ ~ ~_ ~ n I. .~ .. ,'t j ' :7 ~ ~~~ [;1 t" ., ,_ I I' n I ~. , .. - dfi ~ ~ ICI' f ~_~ ~tl , ~pp .'I ., ~.. 1 I„ r. {v ~•~ r ~~ r. (4 { I I, .v ~Y •1 ~P r5 .~ ~, :; . „~ f F. h. '.1 , I t` ~ .. . !~ .~ l] i_ 7~ ~.. 1~ {~~ -~ ._.i tabbies' ~ X ~ 2 W ~i~,il,~1~~~~~~~.~iil~ :di I? ~~~~~ S! ~~ ~~~'~lf .«A l~ ~~ .lk}~~~. ~i 1:.~.,~i1il~~~_i _ ASLA i~ ~ ~ ~~.~~~~ ICJ nM~[r~JC~I~L~~S e.Wt]~f[lfCY ~ ~~, ~ Y ~ ~ ~~ &~~~ ~.~ 1 f'' 1 tt' ,1-,~e ulT.~ ..'° .. r. •' _I ,_. I ~. ~. [ 1.. ` 1j• ~~; t17 ~t _ -~-- ~4 "1~~/pn~1 1~iU`~~~Il ""iT~lP~,mtl1M~~ S,~i71~f'Vni~'A ~ ~,11,~~~ 3~ ~`fi~DL~kt ~I ,%~r e ~~~~oc~~ot~ ~ ~~~1~]~1~I~`~ ©'~ ~ ~I~fCI ~ <~ l~I~l Q°f~1~ ~7c7l~ls ~ ~fl~fi(~11 .,a uJ ~ .r•. 1r417 +~ "` Ili M; dr 1~ }~_ j '.) l'J_S ,tl "' q) r~.V Yz. J l 4P d. •b !11 t ,j `y :. v ,t, :i-7 ~'~ W. et 'll v'' ~ w p' ,~? ~ -. ~ .J _, a~ I , ,a ~rm~ , Tg Y I~._ _~ „~ ~! l~ -` :.:: xr.' 1 J -~Jp j i I r .~ ~ I InfMlpn rr .r vmu .TM ~' . d~]~d.1H:)iiY ~1d ~~ W sa~ggvl >- ~. - r' C r t`. t .} ~ _~ _ 111 ~, __ ..,~.,w w 1u t ~_ i1: u`> `.i J .j -r _.. ~ 11J ,1 ~' _ U. t('. c ,~ - - ~~ r" ., .. ~. _ ~~ ... _ v I~, .!~ 1, = ~ ~ ~~ , ,u j ~_ -j ., ,. ;,. ;;~- 1_ _ ,J -~ 1) u) V `-J," -f l~ 1 111 ~~' .~ ' I51 r~. o.. _ ~ . '1' .5 ~~ .` I`,n (~ .ft ii 1 ._ I .,S ,y , ~ 'r 1 ~, ~i i -~ ,~... iii y,, Ui ~ ~ y , , ". :L '-~ ir.•~ 1 > • ~a. ~ =,IU' ~ + R7 ~)p,r i .,r _. 1 1 1 I ~ II 1 + ..__.__._ , ~ , 1 '1 1 ;. ~~` 1 _ I ' _. ~- I 'ai.= a; '~ I11 •cy.,p .: Iilt -i ~. ~ f~ , ~=1 n) sr •~ :; __._._._... ' 1 Jr. t," .__._-. _.. I:~~~ ~ i a -", ~ J ~~ J .,~. i ~ I I I ~ ': ~~ _` ; _._;- _, > < , „~~ ~ <., . Y'.~d..^, j ~ 111 _} ' Ir ; ~ ~, ~ ~ 'i i,i w J _ _1, . t~ 1) - ( ice. f~ ~~ t{~ ~ 0 ~. ~ ~I F 13 vq -- 6Ca_ -~1j 1 1 1 1 1 1 aMz I r P ti i ti i i ~~rp ~ ~ . ; ~ .~+5 ~}K 3 ^cF? r~Rt c `'~~~~ II - \ \i\ y Pq \ 5 AG _ SYMBOL, SCIENTIFIC NAME COMMON NAME Q1Y ~ SIZE FA Fraxinusamencan_a Aufum nPurple ~ ~~ Whfteash ! q ~y~C QR _ ,Ruercusmbmm - _.. 'White Oak _ . i 20 1 2`C TD _. . 'Taxobium dis6chum --~" - _ " ' - __ ._. --- - -_--. __ -._._.. _ Norrv~ Spruce 3p : 6~ PG . - Picea un ens lauca _ _ _ ~____P_9_9__ _ ,Colorado Blue Spruce _ 24 6' ---- __ AC _._.__..____..._-- _ ~Acer cam stre - , ~ --Pe __ _ ___ ~ _. -- --- ._._.._ _ IHed~eMaple I . ;._. _. ~---. 15 i 112"C CC Cercis canadensis _ _ -. Redbud i4 1 112" C MZ ;Malus s . "Zumi" P Zumi Flowering Creh --- - 8 _ 1 1!2" C HV VM ~Hamamelisvemalis ~ W11chHazel ~ 12 _ 24" V licatum lomenfosum licatum'MadesiP Mariesii Vbumum 12 ~ 24" PLANT LIST- BUFFER PLAN ~~ ~~ ~, .._ y!! '~-k1DiAN VILLAGE YU~ZR ~/ ' ` 5 PA / u cF F ~ ~5 PA Fp~ YA',o_.~a~ ~ ~~F -_.. 1 a ~ __.. , ~ ' ~ P ~ cc ~i , y 3 4C - ~ ~ CY - ° ' ~ sE~ .An ~~styr Misr 1 ,~, ,, / ,, ~~~ _vE~yREEN `e;ES ~ S~1~Ll -RE-,,.,' ~ CR~ TMC;r!'fALS ~,J " F~.O..Er NCi g.:°u 3 ~~3~~~~ ,,}} b ?a :~ '~ h ~~0 ~ / k 1 _• f 4 ~~ u 2 p Q ~' I .p ~ i Y r PA ~ ~ - .-. l~ . -_ _ ~ ~ I ---,.J . _. _- - _.. ._. __._ .._. _' ~ I RcTAll~i4~ '..'qL_5 ~ -~~ ~ -_ . _ ~;~ o~ " N N ~ g E c 6 g~ js; ~~t ~ ~~ ,k ;~ `E Y y3$ it ~~5 y:$ 9 ~P a~:~~ ~gi Y ~~ ~ Pe F~y sa~ f ~ar° ~ yy''k5 fs~j~~5 >,' j( q~E i S ~~V~y~ ' ~h ~ ~~^~ ~ 333 ~ y jj y @ ~i~ .~d%Z ~7 Y t~ ~. ~~, Oo Q~ O ss ~ .. •` 5~ ~~ ~ ~ ~~ ~: t~ ,~E .~ r E 'rf~i Rff ~~i 1{;1 ~ i ~~. ~ ~., n; ~: - ~ i. ~~ ti ~.~, i' ~ ~,. R ~..q 1. ~~ ~- ? ..._._ :~:~~ ~~~i sf'~~~ ~.. ~~_ _ ._ ~- j '~ ~ s~ + ~rara~x3 ~. ~~~' ;~ ;. i- f'-7 ' „'~'~^"~• v..n.;p..f>vaa aYaflynuw MSru~M'i'N.;O MM U>GKfgp>oa;nl a>y~.A(pJ ~ Sao 4 N w.,;v~v>w. vow w~ i«...ukNa)c,o».;>wd ro_ ., ~~F~>a,,, ,.r>nvm.>ae.v».~oq>wR.r,av.;ane+..~wt.,,m,d~v. annufar~> ,~,~ a ~y~'~( tl©~N/ll>'~ { 1I81NX3 ~~~,rr J t~~~~`~' ~ w. .r +mra ffm'•e wvn... ,• I ,nrr~~~, ~.~~.Y X~is~,_ ,~ .O-.l°.911:a~eog uurov-u.»wvwam~v>n+w~l.w+ea,,.rxrd>.>vr+: cFV f a>">. ww>c fo+ do'w+ > bt +» <nwv' .~n 7 7 R ~ ~ Mr )Q (g', €J 1 . ~ _ I ~ }OT1~5 , . ~ W ww rv% vnu,cP>V.»r M.ffniLtn lwuqu> / ~ ~ }~ ~ ~ ; ~ 1/~1V ~lIVC'J R ~ m ~ n~ n r~ ''~1 ~U' ~ u~ ) ~''I '3' '~~ / i~ ~~ 1 .•. (~ .:• YY.• N N. >n air v+ \ ?I i ( / k , 11 .e!•1/ : - > .I_7~Li3H:kSVa ~, n m i W,F~~„~„~.a,>~w'~~ % . ~,n~ f ~ r n, dw > ~° , ~~ ~ ryy~cc-?~Jll~l/ r>>~ fl nl ~„ ~ ~ ,, « a ,,. o ,'n,~ ~'~ r~~~~1~1~0 ~-,s~ ~,~u -_A_~r GLDIGIAO~ v~w .r. .~ s A ~-~~ I , i • ~ ~i t~ JIB 1~ 1~ j C ~'~ r ~ 'I v ~~ ~I ~--- < ~, ;~ } ~ cti h f i d) ~ II C ~ r• Z ~~ ~ ~ I ~ l) f1] ~ ~ ~ C ~ ~ ~ ~ ~ ~ ~ 7 `-_' } u 7 ' d „C I- ~ C C C ~- Q~ ' I _f ' ~ c d ~ I L ~ K - ~ G ? X ~ ~_ ~ x i U ~ ' ~ ~% ~ YI ~ LL Y ~ . ~ r7 ~~ I R? I (f ~!; i o~oa 1ioo-o ,~ ,,w L ~, `. r ~ a~] --F C1 A~ - ^• _ - ~ C S I "h 7 t - _ ---t