HomeMy WebLinkAboutPacket 08-05-03,:;
~.
d3
~ ~
~~r4 ~~
~~ ~
ESTRIDGE DEVELOPMENT COMPANY, INC.
' Lockerbie Townhomes at
' Hunters Creek
Request to Change Zoning Classification
To a Planned Unit Development
And Request for Primary Plat/
' Development Plan Approval
,---
~''J
Docket No. 93-03-Z
Carmel Plan Commission-Subdivision Committee
August 5, 2003
i
Appl
cant: Estridge Development Company, Inc.
c/o Mazk 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~' Street, Suite 220
Indianapolis, IN 46280
Telephone: 844-0106
1. Explanation
~_~
C~
2. Aerial photograph
3. Revised site plan
TABLE OF CONTENTS
4. Photographic examples of building types which will appear along Marana Drive
5. Black and white elevation renderings of building types that will appear along
Marana Drive
6. Photographic examples of lighting around perimeter of buildings and yard
lighting
7. Entry way treatment and entry way signage
8. Revised PUD Ordinance
Exhibit A - legal description
Exhibit B 1 -photographic example of proposed townhome building
Exhibit B2 -photographic example of proposed townhome building
Exhibit C - revised landscape plan
Exhibit D1 -landscape plan for Building Type 3
Exhibit D2 -landscape plan for Building Type 4-A
Exhibit D3 -landscape plan for Building Type 4-D
Exhibit E - revised landscape buffer plan
H:Vanet\Estridge\TOC-SC 080503.doc
~~
L~
LJ
C~
V
~~
L
EXPLANATION
Estridge Development Company, Inc. ("Estridge") is the contract purchaser of a 5 acre
pazcel 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 Mazana Drive. Estridge has filed a petition requesting that the zoning classification of
the real estate be changed to a Planned Unit Development ("PUD") to permit the construction of
a townhome project. Concun•ently, Estridge is also seeking primary plat/development plan
review of the site layout and development.
Estridge appeazed before the full Plan Commission on July 15, 2003 for its initial
introduction of the above request. The Plan Commission then forwazded Estridge's petition to
the Subdivision Committee. At the July 15, 2003 Plan Commission meeting, a few questions
were asked regarding how the proposed buildings would appeaz along Mazana Drive and what
type of lighting would be utilized around the perimeter of buildings and in the yards. Further,
since July 15, 2003, due to certain site conditions, Estridge has voluntarily revised its plan. This
brochure is intended to address the questions posed at the July 15, 2003 Plan Commission
meeting and also briefly explain Estridge's revisions to the plans.
Exhibit 3. This is an exhibit of the revised site plan. Estridge has decided to eliminate
what was originally referred to as Building 9, which was to be located near the comer of
Mazana Drive and Rohrer Road. Estridge's original proposal 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. Not only has the elimination of Building 9 resolved
certain site issues, it also has the effect of creating additional open/green space.
Exhibit 4 and Exhibit 5. These aze photographs and renderings of how the buildings will
appeaz along Mazana Drive. This question was posed at the July 15, 2003 Plan
Commission meeting.
Exhibit 6. These aze photographs of how the lighting will appear around the building
perimeter and in the yards of each building. This question was posed at the July 15, 2003
' Plan Commission meeting.
Exhibit 7. This is a rendering of how the entry way treatment will appeaz, as well as the
entry way signage. This rendering was not included in the original brochure for the
July 15, 2003 Plan Commission meeting. Please note, at this time, Estridge is not
requesting placement of a street light near the intersection of Marana Drive and Rohrer
' Road.
r
r
Exhibit 8. This is the revised PUD Ordinance. 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. Mr. Brewer's suggestions were also incorporated
into the revised text of the PUD Ordinance.
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. Please note that while the landscaping was revised for the
overall site, the landscape plantings azound the perimeter of each building type remains
the same as was originally proposed.
During the July 15, 2003 Plan Commission meeting, we explained that Estridge had
worked very hazd 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, 2003 Plan Commission meeting. Estridge believes
the additional revisions to its proposal will strengthen 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 azound the perimeter of the site.
[~
1
~?
1
~~
We look forward to presenting the rezone request and primary plaUdevelopment plan
review to the Committee at its August 5, 2003 hearing.
H:UaneflEStridge~Explanation-SC 080503.doc
1
~~-
~~
~~~~ ~ ,.t
`~~, _~
~ •~: ,.
~~~.a ` '
' '•~ ~ ~r
~~, ~, ~~~~~~ ~~ r
1+S h
~~~ ~~ r
k ~ * ~ ~,
~~ ` ~ ~1j'
~~
''~ , ,4
;:, ~ ~ i
s ~ ~,i'
a
n ~ /~ iii.
~:...
~~- ~
l~
~'
~-
1
i
_ __
HOLEY MC)LET SAYS
"DON'T
DIG
BLIND'
'fT'S THE Lnw• -~-
[wxmcwROartaw
i 1-800382-5544
roa ra
vu [onu sort u! a-la-m..
rtc wlRi A[u. to nwwrt ASSUMED NORTH
1 iwvo~~s a m ~a SCALE: t'=60'
I wR BTwl Nldl4~
~ -
- - --- _~
~i
s
,..•~pNi'CROy ••,,
iJa No °~ ~,
:,`920350 ~_
l,e
'A~~d~x%,~c~'
art:
~~
Schneider
IK 5~'6W1 CCPPORAIICN
xmm'i[ raL xo,zim
8901 oiif Auvy!
maiw~lpdd, w lfivfi-1ov
itlrynme: ]I)026JI00
f~~: Xl].OZfi.J3CO
M1nekv[vp.cwn
MtAilelWn
GN Engnenng
En.;.mmmld Enq~neemq
teolecnn'2d $vv'2n
fA5 ` 45
Xane Bu10v $v~ices
mRil, otty~
Lme s,.ey.q
LmEa[iq! Ar[Ailttlu,e
irmapwlolim EngnmFg
w
x (J
?
O W
W -
U
~ ~i
L.J z
O ~ z 6
m H d ~ i!
~ z~ oa
w x x
o ~ ~
a
__
.~
,~
r"r r r r M ~. r
r r ~ rr ~ ~ r~
w a. _
y ~
y _
~ ,,1'I~
~~
r
s {
~~I
„'~
~~' ~
~(
.
3 .
~ ..
.:.
,-
:
-,
:. l
~_
~_ p r« y ~ i , __Y. ~
_ _ ~- y
~ ~ r~ rr~ rr~ ~ w ~ ~ ~ ~ ~ rir w* r~r ~ rr
_ ~~
_
_
~3i fr~^ G~< ~® Ott B®O ® ~ ®'
• .® ® ® ®~ ® ,. ~._
.®
. -
..
.-,--,
-mss.,,
1 a.~ _ t ~ ~ ~ ~~Iw.{S.~u~ - "~ ~~
~~ ~ '~.:' i ~. ~ r '.. ~' fat K° y~~a. ~ ' ~. ~.~,, `SRi~. .-Sa
~,~ F _, ,
~iY~-?~~dk:"'i a ~?ie~x ek srt Y~yy~ :.~y Ye ` r~ "` ~., Z:: •. a ., f k~ ~ ,
7 i • Y.
- - t s ~ .R'te` _ '-.y„ ...
.~~~ ,~ -x.e.. ,v, .. ... ,.f ..-.ter. ..-_ ~carHGst".' -- -"~1''w ='
~~Y~
'I'
_. y{~s 1'5,1;:!!^~{.t ~ ~ ~ W~~~~~~
~'4 q 4E- P " ~ ~ ~ Sion t -
~~, ~ ,. r: 5 ~ ;~ .
M ~ r. M n ~ ~ ~ J . ~ <t !~
v
1
1
1
~,
1
r
Townhome Buildin T e III
~~
4J
E'-~
. ,~
~--~
. ,~--~
4~
O
O
H
~ ~ ~ ~ w w~ w ~r ~ i w ~ ~ ~ s^n w~ ~ ~ ~
~~
~=o F~
t ~ li ~ ND
+rc b~ Co
t l-A [ L-pt
~~
C
Q
..
.~
r----~
.~
M~
F-~-1
r~ r r~ ~r wi r r ^r ri ~~ r r r r r A~ r
AEI hA ~ AiL i-AI ~ ~~~~
~4
\~
~ ~ ~~ ~ ~ '1,`~VVV ~' , ~,
i ~ 11 j k ~
'' ~ ~~~~ ~ ~~f
}~~j~, ~~1;~ ~~
~~ '~ 1 ~~ t ~~ ~q ~ ~,
~~~=~1 1
`` ~t~
~~~
,;F
~~ ~ ~~t~ri~~~'9
s
{
~~~~
~ ~ ~;
~.
--
~; } ,~
~;
:,~ ~~~ ~i~'s
f~~
~ )..
i i',.
~~~~`
1
_, ;,
! f y
t ~ ~ J~~
?~ ~#'"
w I'r~~ ~~ ~
~N~r
l~~~s ,~
'. +~ .~7~~.ty!i
~ y
~ `M
y
~+rd~-.
ma
asQ^„~r1~ ~ Aq
~'~^
~ 1 Xe*w~
s}t
:'t C
_,
~,
~•- ~;
`~tf
~~~
4 `
T
_ ~~
t
.a
1'1
t
L ~ f
,,,,~ ,
~,,,,
!'~ ` ~~'i ~'i
~, -
i~l1',~'<<1
r ~~~~'
~~? ~~~.
%~ ~
~~
a
~~
~~ ~
a~~~
ao ~~
I
Q
S ~~
~~
S6
CC'
W i~
..~ k ~'
tr # ~
.r, ', ~~
~~[!
W
~ ~~ ~ r ~ ~ ~ r ~ r ~ r ~ ~ ~ ~~ ~
1
1
1
Draft #~
D=~~#2
Dated 7/29103
Sponsor:
ORDINANCE
NO.
LOCKERBIE TOWNHOMES AT HUNTERS CREEK
PLANNED UNIT DEVELOPMENT
DISTRICT
~I
u
1
TABLE OF CONTENTS
AND SCHEDULE OF EXHIBITS
TABLE OF CONTENTS
Section 1. Applicability of Ordinance ......................................................................................4
Section 2. Permitted PrimarvUses ............................................................. ........... 5
Section 3. Accessory Buildings and Uses ................................................................................ ... 5
Section. 4. Communication Equipment ........................................... ................ .................. 5
Section 5 Platting*.... ..... ...... ....... ...... 5
Section 6 Height Area Square Foota~7e and Architectural Desien Requirements 5
Section 7. Landscaping Requirements ................................................................................................7
Section S. Lihtine Requirements .......................................................................................................9
Section 10. Mechanical Equipment ...................................................................................................10
Section ). Sans ..............................................................................................10
Section 11. Homeowners Association and Declaration of Covenants .............................................10
Section I Z. Approval Process ............................................................................................................10
Section 13. Definitions and Rules ofConstniction ........................................................................... I 1
Section 14. Violations ..................................................................................... l3
L.1
1
"~
.~
SCHEDULE OF EXHIBITS
A Real Estate - leeal description
B- 1. Photo~,raphs of Uuildi.n, type
B-3 Photo~hs of buildim~type
C Conceptual Development Plan
D-1 Individual Building Type Landscape Plan
D-2 Individual Buildink Type Landscape Plan
D-3 Individual Building Type Landscape Plan
E. Prelimina~ Buffer Plan
1
Sponsor:
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
LOCKERBIE TOWNHOMES AT HUNTERS CREEK
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the CarmeUClay Zoning Ordinance Z-289 (the
"CanneUClay 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 CarmeUClay 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 CarmeUClay 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 aze 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 CazmeUClay 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 CanneUClay
Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict
between this Ordinance and the CarmeUClay 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 CarmeUClay Zoning Ordinance in
force and effect at the time of the enactment of this Ordinance.
' Section 1.3 Any capitalized teen not defined herein shall have the meaning as set forth
in the CarmeUClay Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
1
' 4
1
1
r
Section 2 Permitted Primary Uses: Condominiums and/or multi-family dwelling units.
Section 3 Accessory Buildines 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 d°~~a.;Final
Develooment Plan for the entire tract as approved or amended by the Director, and all other
applicable requirements contained in this Ordinance.
Section 6 HeiQJtt, Area and Squaze Foota a Requirements:
Section 6.1 Maximum Buildine 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 Mazana 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 Buildine Separation. 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, Densitv and Square Footage:
A. Maximum Parcel Coverage shall be twenty-seven percent (27%),
excluding patios and driveways.
13:B_There shall be a maximum of t"~-~`,,n,-o=~~thirty-oue (31) units on
approximately five (5) acres for a density of FS6_2 units per acre.
C. Square Footage of Floor Plans for Product offerings:
1. Floor Plan -Amherst
a. Minimum squaze footage lower level - 670 squaze feet, not
including gazage or porch.
1
' b. Minimum square footage upper level - 790 square feet.
c. Minimum square footage garage - 275 squaze feet.
2. Floor Plan - Berkeley
~ a. Minimum squaze footage lower level - 900 squaze feet, -not
including gazage or porch.
'
b. Minimum square footage upper level - 960 square feet.
' c. Minimum square footage garage - 490 squaze feet.
3. Floor Plan -Columbia
a. Minimum squaze footage lower level - 865 square feet, not
' including garage or porch.
b. Minimum square footage upper level - 995 squaze 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 squaze footage gazage - 475 square feet.
5. Floor Plan - Emorv
a. Minimum square footage lower levet - 1,030 square feet, not
' including garage or porch.
b. Minimum squaze footage upper level - 1,215 squaze feet.
c. Minimum square footage gazage - 520 squaze feet.
' Section 6.5 Architectural Desig_ Requirements:
A. Suitability of buildin g 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
1
Fypon window heads and louver vents, engineered wood for exterior trim
and/or the equivalents thereof for all of the foregoing.
B. Roof desien: 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 azchitectural elements of the Buildings to be constructed
upon the Real Estate.
Section 6.6 Maximum Number of Buildings. There shall be no more than e
Buildings located upon the Real Estate.
Section 7 Landscaping Reuirements:
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 Mazana
Drive.
Section 7.2 Proposed Landscapin¢ 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. Mazana 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 Mazana 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 Mazana Drive.
2. Rohrer Road Buffer:
a. The Rohrer Road buffer shall be fifteen (1 S) 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 Vi11aQe Plaza Buffer:
a. The Meridian Village Plaza buffer shall. be twenty t20) 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 (S) 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 Building Type 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-1.
' S. Building Type N-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.
6. Building Twe N-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 tnmk 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
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,R~,anc~A. Maintenance: It shall be the responsibility of the owners
and their agents to insure proper maintenance of project landscaping and
lake azeas approved in accordance with this Ordinance. This is to include,
but is not limited to, irrigation and mulching of planting azeas, 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 LiehtinQ Requirements:
Section 8.1.
A. Front of Townhome lie~iting: 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.
B. Rear of Townhome lighting: Each townhome unit shall have two (2)
exterior grade coach lights mounted on either side of the overhead gazage
door, each one activated by adusk-to-dawn sensor.
1
Section 9 Sig s
' Section 9.1. Ground Sims.
-r<M,,. c..,....,a c:...,,.A. Tie: A Ground/Entrywav Sign shall be pernutted
neaz theintorso,..:,.., ,.F o,.~..~.. o,.,.,, ..,.,, r,r.,,.,,,,, r,.:.,e .,.,,a ........ :.... .....
entrance of the development adjacent to Mazana Drive and Offutt Drive.
~B. Maximum Sien Area: Thirty-six (36) squaze feeyyt~~each.
C. Illumination: a or external. Te~
!!B J
D. Si¢rtPermit: 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 azchitecturally compatible with the building(s) with which it is associated.
Section 11 Homeowners Association and Declaration of Covenants
1
Section 11.1 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 regazding the use of Real Estate and improvement approval
requirements after initial construction.
Section 11.2 Declaration of Covenants: Declazation of Covenants shall be recorded
which shall also contain various requirements and provisions regazding the Real Estate.
Section 12. Approval Process:
Section 12.1. Approval or Denial ofthe PrimarvPlat/Development Plan.
A Exhibit C which is attached hereto and incorporated herein by reference,
shall sen~e 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 Towvhomes at Hunters
Creek; provided, however, that the Director shall not unreasonably
withhold or delav his or her approval of the FDP that is in substantial
10
lJ
1
conformance with the CDP acid is in conformance with. the Development
Requirements of this Ordinance. If the Director disapproves the FDP for
the Lockerbie Towuhomes of Hunters Creek, the Director shall set forth in
writinu the basis for the disapproval and schedule the request for approval
of the FDP for a hearinv before the full. Plan. Commission.
C. An amendment to the FDP, ~o-hich is not determined by the Director to be
a substantial or material alteration from the approved CDP, maw
reviewed and approved solely by the Director. However, in the event the
Director deterniines 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 he 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 re aka the facility and structures to he
constructed, as well as draina<~e, erosion controh utilities, and buildinu
information.
E. ADLS approval is not required for this residential project.
i
Section-1313 Definitions and Rules of Construction:
Section ~?.-t1',.l 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 singulaz, 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
perrnissive requirement. The word "should" is a preferred requirement.
Section-1-??13.2 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.
11
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. Buildin Height: The vertical distance from the ground level at the main
entrance to the highest ridge point of the roof structure.
E. Citv: The City of Carmel, Indiana.
F. Commission: The CarmeUClay 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, Conceuttlal. A general plan for the development of the
Real Estate that is submitted for approval showingproposed facilities,
buildings, and structures. This plan end grotty shows landscape areas,
parking areas, site access, drainage features, and building locations.
K. Develo pment Plan, Final. A sp ecific plan for the development of the Real
1
Estate that is submitted for approval showing proposed facilities.
buildin gs. and struchu•es. This elan review includes general landscaping,
parking drainage, erosion. control, signage, lighting, screening and
building information for the site.
L Development Requirements. Developmer standards and any
requirements specified in this Ordinance which must be satisfed in
connection with the approval of a Development Plan.
T~ D;'r~e2o~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.
-BG~613r-mirn,--ofc9~/ERaAtS: n n ~ ~' r r r,...a'~:,..,,- „a
,, ',
cc°-n~=i ^c~ac c~
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
12
Mazana Drive. The Greenbelt shall be unoccupied except for plant
materials, steps, walks, terraces, bike paths, driveways, lighting standazds,
ratios, sidewalks, internal roadways, lakes and ponds and other similar
structures.
O. Pazcel Coverage: The total ground azea, 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".
' O. Ri¢ht-of--Way: An azea 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 pazcels.
' S. Sien: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carme]-Clay Township, Ordinance Z-196, as
amended.
Section k~14. Violations. All violations of this Ordinance shall be subject to Section
34.0 of the CarmeUClay Zoning Ordinance.
'-1
u
13
I
f
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
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
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2003, at o'clock .M.
James Brainard, Mayor
i
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: James E. Shinaver
NELSON & FRANKENBERGER
3021 East 98`n Street, Suite 220
Indianapolis, IN 46280
H'VanstV~sCdsc~PUD Daft 079903.doc
15
EXIIIBIT "A"
Lesal 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 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:Wmet\2sttidga\PUD Drait 07~90i.doc
fFy „1 o-` gfi-fi 7
7j ~'T 1
}qRo F~~R ~-1.'~'
~ to, r
t .
~ PA -f
5 AG -.._---_~-~ ..
umn Purple" ~
~~ i
- _ -'
.- _-_ ___._... i
~f
1
~IiCalum'Mariesii ~
' 18
~ iaGSi ~ zo '
25
4
ao '
e fi
Spnrce 24
15 i i
14 ~ 1
]Grob _9 i
12
um 77
r•y~
- ~--
i ( - - _ _- i
3 GG -.-
3 4C -.
K"t r - sGe p.~ri . >uy- _~sr
~`
i \1
S.fnDE TREES
~ ...,_ ;
~~ w
~ ~i cvsRGKEE~ 'ctc
1
~~
4~~ f-ouER~NG ~~(2~65
I~
l__ -~ ~
J
~. ,~
~..~
.. ~
I
~~
4
d
Q Q
rtG~rtfn1
1~1
(]
v'.
?J~
~'
7a~
~6
0
3~ 4~
60
?9
~~
i
,r~~~
.~f~
.. ~
H
2 ~
W
,saIQ9e3
_~~
I
i
' ~- ...
I
-~ - ...~
(•
f
7 i1
!If
f~
l
jl
U
~. t
4
Y
1
i
_.
>Ifl-~
_y ""~ .,
j
J ri,r.
-
.. i n
- :u
. }
r,, } ,~
u
u~
~ , .,
~ ~
li, .
r ~. s ~~~ + ~~7'
..,~~
7`x.1.-' j
j... ..
~ ~.
~
s~ ~.,,,, .1
~
,.°~
~, gel
~u
~, ~
.~
~~ _ _
,
l
,f'L +t.
~M,,, 'L, j
ui
,.
_
_,.
j _.. ~~.. __ s~ .
r
_. ~
k
~~
,1 y1
~ ~ ~ ~ M~ Iii ~ ~ ~ ~ 1~ !~I MI ~ !~ ~ fig ~ rr
•ti .;~
~ ~f,
'4
~~,
-Y -•
~~
t~: ;
- ~,
ti
~~
c'
~._
.- ~-,
.~ .
~'~ ~ t:
~~ '<
'~;~ ~. ,
J' n li
~~ , , M
f \',
~,. ~ ~l
i~~ ~ :'1
'~.. 5~
r_
r~ -
~_
a
-N; h!c.~ -
',
•q
~ 1. :~ •F
y
Ili I
'~yi '/,
, i ~~~
,
t ~. IJ .
~; A.
,~; 0,9 ~r
~i
~
Tn - ~ '
~
ti '
•
~ ~ <.: ~ m
• J,
.~`.~
• ry,
rv -
\l
~ , . ~,
••~° ~``~~~ 1
~, lt~.~.
~.~ ~ ~ _,
~,, - ~_
- ~, t? r .
r
} .
~~ ,y ~ ~
. tiq ~ 'z.a
r
!i -C'
.~
. w
' r.
! ~. i
r'•
r•
r.
F~ '.~ -
- a
,'
~
y
ni`
~'
,i
.Y
i~
~'
x~
~..
1
~n
' ~ _~ ..
u
r /181d~
,~...- ..
si4 f~111~10~ 4X6
IF.~t~~
f L
'0~7
n
---- (-~ _
~J~J P
1181HX3
1 I' -
•~ ~
i•.~ :_~..: ~ a
1 'r
'I
al;'i-~"w9ca34^I~li~ -
I
i
`~' ICI 9 .. ~'~7~J; ~iZ d e
i
~d~Gi^h'
_+
I
j
_-- --`u' ___ -
is _ ...... ~ ~ .., ~„ ~; ~'~Pis ,
~,~~ L ~- I i _._ ....
f ~ ~
I_,_
I ~°~ ` t
i ai"i :: i""7+i?F~!rAG ~,
r:~
7AZt~ r ~n,;W'?5, 2ai1i^sl'Y1a4;~ +~ /'" ^"''~I
J I 1 I
I ~i
I
~ i
:i2"~~~
I)
I
r;, ~t'l;r`y
~fi ~~~, err, Y
r
i
t
i
1
I
1
t
-.. .._ _ -___ _._. I
_, I
~- - - -
--
_ __ -
__
.- -
_
__- --
-_ _ ~- '
~ .-- ~
-- to ag - - MAR^ _ I
- _
-_. ,~- ~_ - ,-~ BUFER YARD-d' _. - ~-OK`' -
- - _ _ RETAiniNq uq~~s~
- ~ -
Y P~ ~~~ ~ ~ ,~ ~~
~, i -
a
6
I
j~
Tm o
r" °' 8
~7
~~ ~
0 n
~~ ~~
~ a ~ ~-- _'_--,- _ ,
\y
F f ..
~3 VM-/ ,. ~^ ~ I
1 ~ ~~~~~
~ qG.J 3 '~c
Yq~ ti~F~ ~
b, @R
.~ N
PA -
i _._~,__ _ b 1
r.~ - .i.,,- U
J
~:
~ 1! ~'~ERDV,N Yid / ,,
_ _ LAGS Fvzh guF--~
- --- ~-
_...-- -
PLANTLIST-BUFFERPLAN s PA auFF~r Y^r'e-~o~ ~ ~ Pg
CC
3 ~~ __
Y
K~ I ~ SEE °,.A 3 AC -_~
N • hLANY ~i5'r
SHADE j'~¢EE5
EVEFyR°-EN -2c,S
S`~tAti *RCE9 • pft~.A^gCi"7A l.S
~~; ~r ~ F~0„Er NCB S", ~CvQ
~ ', ~-- - - _l ~ 1
~_ _--
`+ P4
P``
u
a
0
d
0
v_
- K
D IJ
2
0
a
pA
~y
~w
,,~ ~
?a ~~
~ h
I ~
~ k
~~ I
x ?
__ ` S F?
~ /I
~ ,
j;
',~
/~~~ ~ ;
I
'
I
M
Z
s
~~~ ~~ i ~~
Pe
4~# i~
~ ~
~ 8
p~
~~
QO
~(
_,
~""
Q
_-
c:.:,~
y~ ~~
S .
z p~
~E
.~
~.
I