HomeMy WebLinkAboutPUD Ordinance DRAFT Sponsor: Councilor
ORDINANCE
NO.
PLANNED UNIT DEVELOPMENT
DISTRICT
12/21/2005
TABLE OF CONTENTS
AND SCHEDULE OF EXHIBITS
TABLE OF CONTENTS
Section 1. Applicability of Ordinance 4
Section 2. Planning Principles 4
Section 3. Permitted Primary Uses 5
Section 4. Street Design and Open Space 6
Section 5. Single Family Standards Sub Area B 7
Section 6. Town Home Standards Sub Area A 10
Section 7. P 14
Section 8. Approval Process 15
Section 9. Definitions and Rules of Construction 15
Section 10. Violations 18
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SCHEDULE OF EXHIBTI'S
A Legal Description of Real Estate
B Regulating Plan
C Street Standards
D Elevations identifying intended architectural style of detached single family residences
E Elevations identifying intended architectural style of townhome
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M
Sponsor: Councilor
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z -289 (the "Carmel Zoning
Ordinance provides for the establishment of a Planned Unit Development District in
accordance with the requirements of I.C. 36 -7 -4 -1500 et seq.;
WHEREAS, the Carmel Plan Commission (the "Commission has given a favorable
recommendation to the ordinance set forth herein (the Ordinance which establishes
a Planned Unit Development District (the "District
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council that (i) pursuant to IC §36 -7 -4 -1500 et seq., it adopts this
Ordinance, as an amendment to the Carmel Zoning Ordinance and it shall be in full
force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent
with any provision of this Ordinance and its exhibits are hereby repealed, (iii) all prior
commitments pertaining to the Real Estate shall be null and void and replaced and superseded by
this Ordinance, and (iv) this Ordinance shall be in full force and effect from
and after its passage and signing by the Mayor.
Section 1 Applicability of Ordinance:
Section 1.1 The Official Zoning Map of the City of Carmel, a part of the Carmel
Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the
"Real Estate as a Planned Unit Development District to be known as
Section 1.2 Development in the District shall be governed entirely by (i) the
provisions of this Ordinance and its exhibits, and (ii) those provisions of the
Carmel Zoning Ordinance specifically referenced in this Ordinance. In the
event of a conflict between this Ordinance and the Carmel Zoning Ordinance
or the Sign Ordinance, the provisions of this Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
Section 2 Planning Principles: This Ordinance is designed and planned to evoke a
sense of community typically found in older neighborhoods by producing a pedestrian- friendly
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environment, a mix of residential and recreational land uses, and a respect for the natural
environment.
2.1 This Ordinance is a comprehensive planning and design development
tool intended to insure that the community infrastructure is an integrated system,
and will be a guide for the work of land developers, design consultants, builders,
and the City in such a way that development, though incremental, does not
become fragmented.
2.2 The neighborhood has identifiable nodes that can be small landscape parks,
squares, or open space. Small play areas and community open spaces close to
most dwellings create meeting places for residents and children that provide a
setting for social interaction.
2.3 The neighborhood is walkable and pedestrian friendly. All neighborhood streets
have sidewalks that provide convenient routes to parks and adjacent communities.
2.4 The design of the streets is key to a pedestrian friendly neighborhood design.
Streets are shaded by street trees to create an environment that favors the
pedestrian and encourages bicycling. Front porches on the homes are encouraged
and provide an open living room to encourage neighborly conversations and add
interest to the street.
2.5 Garages and driveways of the Town Homes are located off of an Alley at the rear
of the lot where possible to limit garages on the front of the homes and limit the
number of drives from the streets. Where the garage is on the front of the home,
the garage should be recessed back from the front elevation. _F 0. 4. 4
2.6 Visitors use on- street parallel parking in front of the homes and are welcomed by "1
open verandas and inviting front porches.
Section 3 Permitted Primary Uses and Intensities: A portion of the PUD is given the
flexibility to be designed with several uses based on market demands. Permitted uses are defined
below:
3.1 Sub Area A Permitted Primary Uses (Residential Uses permitted as listed below)
Attached Town Homes
Accessory Dwellings
3.2 Sub Area B Permitted Primary Uses (Residential Uses permitted as listed below)
Detached Single Family Dwellings
Accessory Dwellings
3.3 Residential Densities Permitted
Maximum Gross Residential Density for PUD: 2.94 Dwelling Units Acre
Sub Area A: -8.7 acres total
Maximum number of Town Home Units Permitted: 45 Homes
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P
Sub Area B: -30.1 acres total
Maximum number of Single Family Homes Permitted: 69 Homes
PERMITTED PRIMARY USES INTENSITIES
Existing Zoning S -1 Residential District (Carmel /Clay Zoning)
Proposed Zoning PUD
SUB AREA A of Units 45 DU
Area -8.7 AC
SUB AREA B of Units 69 DU
Area +1 -30.1 AC
TOTAL AREA of Units 114 DU
Density 2.94 DU /A
Section 4 Street Design and Open Space.
4.1 Street Design
Public ROW shall be designed in coordination with the City of Carmel
Public Works.
All internal neighborhood streets shall accommodate informal on -street
parking. The informal parking that occurs (in these non striped areas) is
considered a traffic calming device and will help promote safe streets for
pedestrians.
All streets shall have sidewalks to provide a pedestrian friendly
environment with a minimum width of 5' within the public Right -of -Way.
All streets shall meet the design standards in Exhibit C Neighborhood
Street Sections.
4.2 Community Open Space N ito*
Community Open Space shall be provided at a minimum of 15% of the
gross development area.
The existing tree canopy of the community is critical to the character and
design of the master plan.
Existing trees to be preserved should be protected to the drip line of the
tree. Tree protection barriers should be installed by utilizing wood
stakes /agricultural metal fence posts at 8 feet on center with minimum
four foot metal fence located at the at the drip -line of the tree.
Canopy trees shall be planted, as street trees, with a minimum 2.5" Caliper
for each 50 feet of park street frontage. Trees to be planted within the
right -of -way.
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In addition to street trees, community parks shall have four canopy trees
with a minimum 2" Caliper, or two understory trees with minimum 1.5"
Calipers, for every acre of open space.
Landscape beds should be mulched to insure plant survivability and
reduce water requirements.
4.3 Community Buffers and Landscape
A landscape plan shall be submitted to the Commission for its approval
with the ADLS submittal and, absent any waivers or variances, shall
comply with the requirements of the Zoning Ordinance.
PUD Buffers provided shall meet or exceed the following requirements:
1. Sub Area A.
a. 50 foot buffer yard from the edge of the ROW for Towne
Road.
b. 50 foot buffer yard from the edge of the ROW for 131 Street.
2. Sub Area B
a. 50 foot buffer yard from the edge of the ROW for Towne
Road.
b. 50 foot buffer yard from the edge of the ROW for 131 Street.
c. 10 foot buffer on the northern edge of the property.
d. 20 foot buffer on the western edge of the property.
No landscape buffer is required between different home types or uses
within the PUD boundary or between similar and/or like uses of adjacent
properties.
Section 5 Single Family Standards Sub Area B: Single Family Residential Homes are
detached homes on fee simple lots.
5.1 Area Requirements/Minimum Lot Size
Minimum Lot Size for Lots accessed from a public street: 7,200 Sq. Ft.
Detached homes lot lines are subject to change from conceptual drawing
due to various product type.
5.2 Development Standards
Front Yard Setback: 20' Minimum
Rear Yard Setback to Primary and Accessory Structures: 20'
Garage Setback:
1. For Street Accessed Lots: Garage should be recessed behind the
primary structure front elevation approximately 4 feet.
Side Yard Setback: 5' Minimum
Porches and Stoops may extend into the front yard setback by up to seven
(7) feet from the property line, but shall not encroach on any utility
easement.
Minimum Building Square Footage: 1400 square feet
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Maximum Lot coverage: 75%
Building Height: 1 to 3 stories, not to exceed 40 feet in height.
5.3 Architectural Standards
Homes should be simple, with basic elements of construction (columns,
porches, doors, rafter tails, windows) serving as ornament. They should
be built of materials to stand up over time, to age gracefully, and to
withstand the elements: sun, rain, wind, and gravity.
Identical house elevations and facade colors may not be located directly
next to or across from each other. Alternate elevations may be required to
minimize monotones or repeated streetscapes.
Building Walls:
1. Simple configurations and solid craftsmanship are favored over
complexity or ostentation.
2. Acceptable Exterior Finishes: Brick, Wood Siding (or
Cementitious Siding, Hardi -Board or equal), Stone, Vinyl Siding
3. All exterior walls will be given equal architectural treatment and
design.
4. Building walls in the same plane may be built of no more than two
materials and may change material along a horizontal line, with the
heavier material below the lighter material.
5. Strong encouragement is given to designs reflecting masonry first
floor with acceptable siding second floors.
6. Wall openings shall be of traditional and classical proportions and
shall be square or vertical in proportion. Openings may be ganged
horizontally and/or vertically if separated by a mullion or structural
support member that is at least 4" wide.
Roofs:
1. Acceptable materials: Architectural grade, dimensional
fiberglass /asphalt shingles; metal heavy gauge or galvanized
standing seam; Tile; Slate and artificial slate
2. Roofs over breezeways, stoops, porches, etc. will be considered at
a lower pitch as long as they are not 20% of the total roof area and
have a minimum pitch of 4:12.
Window and Doors:
1. Windows, window panes, and doors shall be square or vertical in
proportion. Transoms may be oriented horizontally with panes that
match other opening configurations.
2. Exterior shutters are permitted and encouraged.
Porches:
1. Porches and stoops are encouraged and are central to the character
of the community. They provide a safer neighborhood by placing
"eyes on the street."
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2. Openings between piers, posts, and porch columns shall be square
or vertical in proportion.
3. Columns shall be stylistically consistent with the architecture of
the primary structure.
4. Decks shall be located only in rear yards.
Breezeways, connecting detached garages to the primary structure, are
permitted, and shall have design elements including roof, eave, fascia, etc.
to match the primary structure.
Garages, Parking, Driveways, and Sidewalks:
1. Parking shall be provided at two parking spaces per dwelling.
2. Each single family detached residence s hall have a two car garage
to accommodate required parking.
3. Guest parking in drive is optional on alley accessed homes.
4. All neighborhood streets shall accommodate informal on -street
parking. The informal parking that occurs (in these non striped
areas) is considered a traffic calming device and will help promote
safe streets for pedestrians.
5. Minimum garage bay width shall be 20'.
6. Driveway flares shall not cross the side yard property line and will
not interfere with the flare from the adjacent lot's driveway. Lots
located on a cul -de -sac are excluded, and crossing driveway flares
are permitted.
7. A walk connecting the public sidewalk to the front porch/door of
the home shall be constructed.
Pools:
1. Only in- ground pools are permitted. Above ground hot tubs and
spas are permitted.
2. Pool decks may encroach into the side and rear yard setbacks no
closer than 5 feet to the property line.
3. Pools shall be screened or fences as required to meet all safety
requirements.
Fences and garden walls:
1. Fences in the front yards adjacent the front street and side street
where applicable, shall have a setback from the property line of 12
inches and a maximum height of 42 inches. Walls in the front
yards are not permitted.
2. Fences and garden walls in the rear yard shall be a maximum of six
feet measured from the finished grade.
3. Fences and garden walls within the required landscape buffer yard
shall conform to the specifications set by the developer.
4. Permitted fence materials include wrought Iron, painted aluminum,
and wood.
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5. Permitted garden wall materials include brick or stone to match
home.
5.4 Landscape Standards
Each lot shall plant a canopy tree, as a street tree, with a minimum 2.5"
Caliper for each 50 feet of street frontage. Tree to be planted within the
right -of -way between the sidewalk and back -of -curb. Tree species to be
coordinated by the developer.
Each lot shall plant, in addition to a street tree, either one canopy tree with
a minimum 2" Caliper, or two understory trees with minimum 1.5"
Calipers. Tree species should be appropriate to the climate of the City of
Carmel, and the location to should be appropriate to the design of the site
and location of the home and site appurtenances.
PUD Buffer and general open space landscape provided shall meet or
exceed the requirements noted on Section 4.3.
No landscape buffer is required between different home types or uses
within the Real Estate.
Landscape beds should be mulched to insure plant survivability and
reduce water requirements.
Existing trees to be preserved should be protected to the drip line of the
tree and should incorporate City of Carmel standards for protection.
Plant composition should employ a compatible variety of plant types in
order to build a pleasant transition from property to property.
All landscape and grassed areas shall be within one hundred (100) feet of
a hose bib.
5.5 Lighting
Exterior lighting may not only serve as a strong design element but can
also provide direction and safety.
All landscape lighting shall be of a soft and diffused character used to
illuminate landscape planting and pathways instead of building surfaces.
Lighting in general should not be conspicuous when light from light
fixture is directly visible. The lamping shall be low wattage and from
Dusk to Dawn to prevent sharp contrasts from surrounding areas at night.
Security lighting and flood lighting should be directed inward toward the
lot and every effort should be made to prevent light pollution to adjacent
properties.
Section 6 Town Home Residential Standards (Permitted within Sub Area A)
Town Homes are typically attached homes that have one or more common walls. Town Homes
may be sold fee simple or with condominium ownership.
6.1 Area Requirements/Minimum Lot Size
Town Homes shall be located generally at the corner of 131st Street and
Towne Road per the Concept plan, Exhibit B.
Minimum Lot Size for town homes: 3,000 sq. ft.
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6.2 D e lopment Standards
Front Yard Setback: 15' Minimum on lots interior to the neighborhood.
For lots fronting on 131 Street, and for lots fronting on Towne Road, a
minimum 25' front yard shall be provided.
Rear Yard Setback to Primary and Accessory Structures: 20'
Garage Setback:
1. For Alley Accessed Lots with parking permitted in driveway:
Minimum 29 feet from rear property line.
2. For Alley Accessed Lots without parking permitted in driveway:
Between 5' and 13' feet.
Minimum Building Separation: 15' Minimum
Porches and Stoops: May extend into the front and street corner side yard
setback up to seven (7) feet from the property line.
Maximum Ten (10) Town Homes units per Town Home Building;
Minimum three (3) town home units per building
Building Height: 1 to 3 stories (40 feet maximum)
6.3 Architectural Standards
Town Homes should be simple, with basic elements of construction
(columns, porches, doors, rafter tails, windows) serving as ornament.
They should be built of materials to stand up over time, to age gracefully,
and to withstand the elements: sun, rain, wind, and gravity.
Front Elevations of town homes should be clearly articulated through
architectural details, changes in building materials, off sets in front
building facades, and/or vertical design elements to accentuate the
individual living units.
Town Homes should be built with special attention to pedestrian scale
incorporating front porches, stoops, and balconies.
Building Walls:
1. Simple configurations and solid craftsmanship are favored over
complexity or ostentation.
2. Permitted Exterior Finishes: Brick, Wood Siding (or Cementitious
Siding, Hardi -Board or equal), Stone, Vinyl Siding
3. All exterior walls will be given equal architectural treatment and
design.
4. Building walls in the same plane may be built of no more than two
materials and may change material along a horizontal line, with the
heavier material below the lighter material.
5. Strong encouragement is given to designs reflecting masonry first
floor with approved siding second floors.
6. Wall openings shall be of traditional and classical proportions and
shall be square or vertical in proportion. (Openings may be ganged
horizontally and/or vertically if separated by a mullion or structural
support member that is at least 4" wide.)
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Roofs:
1. Permitted materials: Builder grade, Architectural grade,
dimensional fiberglass /asphalt shingles; metal heavy gauge or
galvanized standing seam; Tile; Slate and artificial slate
2. Roofs over breezeways, stoops, porches, etc. will be considered at
a lower pitch as long as they are not 20% of the total roof area and
have a minimum pitch of 3:12.
Window and Doors:
1. Windows, window panes, and doors shall be square or vertical in
proportion. Transoms may be oriented horizontally with panes that
match other opening configurations.
2. Exterior shutters are permitted and encouraged.
Porches:
1. Porches and stoops are encouraged and are central to the character
of the community. They provide a safer neighborhood by placing
"eyes on the street."
2. Openings between piers, posts, and porch columns shall be square
or vertical in proportion.
3. Columns shall be stylistically consistent with the architecture of
the primary structure.
4. Decks shall be located only in rear yards.
Breezeways, connecting detached garages to the primary structure, are
permitted, and shall have design elements including roof, eave, fascia, etc.
to match the primary structure.
Garages, Parking, Driveways, and Sidewalks:
1. Parking shall be provided at two parking spaces per dwelling.
2. Each Town Home residence shall have a one or two car garage
accessed by an alley at the rear o
p2cingr --If a one car garage is provided, an additional parking
space shall be provided in the driveway.
3. Guest parking in drive is optional on alley accessed homes with
two car garages.
4. All neighborhood streets shall accommodate informal on -street
parking. The informal parking that occurs (in these non striped
areas) is considered a traffic calming device and will help promote
safe streets for pedestrians.
5. Minimum garage bay width shall be 20' for a two car garage and
11' for a one car garage.
6. Driveway flares shall not cross the side yard property line and will
not interfere with the flare from the adjacent lot's driveway. Lots
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located on a cul -de -sac are excluded, and crossing driveway flares
are permitted.
7. A walk connecting the public sidewalk to the front porch/door of
the home shall be constructed.
Pools:
1. Only in- ground pools are permitted. Above ground hot tubs and
spas are permitted.
2. Pool decks may encroach into the side and rear yard setbacks no
closer than 5 feet to the property line.
3. Pools shall be screened or fences as required to meet all safety
requirements.
Fences and garden walls:
1. Fences in the front yards adjacent the front street and side street
where applicable, shall have a setback from the property line of 12
inches and a maximum height of 42 inches. Walls in the front
yards are not permitted.
2. Fences and garden walls in the rear yard shall be a maximum of six
feet measured from the finished grade.
3. Fences and garden walls within the required landscape buffer yard
shall conform to the specifications set by the developer.
4. Permitted fence materials: Wrought Iron, painted aluminum, and
wood.
5. Permitted garden wall materials: Brick or stone to match home.
6.4 Landscape Standards
Each building shall have a canopy tree, as a street tree, with a minimum 3"
Caliper for each 50 feet of street frontage. Tree to be planted within the
right -of -way. Tree species to be coordinated by the Developer.
Each building shall have, in addition to a street tree, either one canopy tree
with a minimum 2" Caliper or two understory trees with minimum 1.5"
Calipers for each 40 feet of total building width. Tree species should be
appropriate to the climate of the City, and the location to should be
appropriate to the design of the site and location of the home and site
appurtenances.
PUD Buffer and general open space landscape provided shall meet or
exceed the requirements noted on Section 4.3.
No landscape buffer is required between different home types or uses
within the PUD boundary.
Landscape beds should be mulched to insure plant survivability and
reduce water requirements.
Existing trees to be preserved should be protected to the drip line of the
tree and should incorporate City of Carmel standards for protection.
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Plant composition should be employ a compatible variety of plant types in
order to build a pleasant transition from property to property.
All landscape and grassed areas to be within one hundred (100) feet of a
hose bib.
6.5 Lighting
Exterior lighting may not only serve as a strong design element but can
also provide direction and safety.
All landscape lighting shall be of a soft and diffused character used to
illuminate landscape planting and pathways instead of building surfaces.
Lighting in general should not be conspicuous when light from light
fixture is directly visible. The Tamping shall be low wattage and from
Dusk to Dawn to prevent sharp contrasts from surrounding areas at night.
Security lighting and flood lighting should be directed inward toward the
lot and every effort should be made to prevent light pollution to adjacent
properties.
Each Town Home shall have a lit entry. If covered porch is provided, then
an overhead pendulum style lamp should be provided from the ceiling of
the porch; if no covered porch is provided, then fixtures should be
mounted on either side of the door.
Alley ways shall be lighted by lamps mounted on either side of the garage
doors. At the Developer's discretion the lights may be timer controlled or
motion sensor controlled.
Section 7 Platting: The platting of Sub Area B shall be required. Platting shall be
permitted, but shall not be required, with respect to portions of Sub Area A upon which Town
Homes are located; provided, however, that so long as the proposed plat complies with the area
requirements set forth in Section 5 above for residential development, the creation, by reason of
platting, of a new property line within the Real Estate shall not impose or establish new
development standards beyond those specified above in Section 5 for the entirety of the Real
Estate. Provided, further, that the development of any parcel shall conform to the Development
Plans which are approved or amended per the terms of Section below, and all other
applicable requirements contained in this Ordinance.
7.1 Secondary Plat Approval. The Director shall have sole and exclusive authority to
approve, with or without conditions, or to disapprove any Secondary Plat
applicable to Sub Area A or Sub Area B; provided, however, that the Director
shall not unreasonably withhold or delay the Director's approval of a Secondary
Plat that is in substantial conformance with the approved DP and is in
conformance with the development requirements of this Ordinance. If the
Director disapproves any Secondary Plat, the Director shall set forth in writing the
basis for the disapproval and schedule the request for hearing before the
Commission.
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7.2 Amendment to Secondary Plat. An amendment to any Secondary Plat which is
not determined --by the Director to be a Substantial Alteration or a Material
Alteration from any approved DP may be reviewed and approved solely by the
Director. However, in the event that the Director determines that there has been a
Substantial Alteration or Material Alteration from the approved DP, the Director
may, at the Director's discretion, refer the amended Secondary Plat to the
Commission, or a Committee thereof, for review and approval by the Commission
and/or a Committee thereof.
Section 8 Approval Process:
8.1 Approval or Denial of the Primary Plat/Development Plan.
A. Conceptual Plan. Exhibit `B which is attached hereto and incorporated
herein by reference, shall serve as the Conceptual Plan (the "Conceptual
Plan"). The Conceptual Plan allocates the Real Estate into Sub Area A
"Sub Area A and Sub Area B "Sub Area B The Conceptual Plan has
been reviewed and approved by the Plan Commission.
B. DP approval of Sub Area A and Sub Area B The Conceptual Plan shall
constitute the approved development plan for Sub Area A and Sub Area B
and, as such, the Developer shall not be required to return to the Plan
Commission for subsequent DP approval of Sub Area A or of Sub Area B.
C. ADLS Approval of detached single family residences and/or townhomes
in Sub Area A and Sub Area B Attached hereto and incorporated herein
by reference as Exhibit "D" are elevations of the intended architectural
style for detached single family residences, and attached hereto and
incorporated by reference as Exhibit "E" are elevations illustrating the
intended architectural style of townhomes. The Developer shall be
required to subsequently return to a Committee of the Plan Commission,
for ADLS amend, to provide greater detail on the townhomes. Such
ADLS approval shall be forthcoming provided that what is proposed is
consistent with the terms and conditions of this Ordinance.
Section 9 Definitions and Rules of Construction:
9.1 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.
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C. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
9.2 Definitions. In addition to defined words and terms found in other sections of this
Ordinance, the following definitions shall also apply throughout this
PUD:
A. Accessory Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the main use, located on the Real
Estate or in the same building as the main use, and incidental to the main
use.
C. ADLS: Architecture, design, exterior lighting, landscaping, and signage.
D. Alley: A private street or land providing access to garages through garage
doors located in the rear of detached single family homes and/or
Townhomes.
E. Building: Any structure which is greater than three (3) feet in height,
measured from ground level.
F. Building Height: The vertical distance from the ground level at the main
entrance to the highest ridge point of the roof structure.
G. BZA: The City's Board of Zoning Appeals.
H. Caliper: The diameter of the tree trunk measured 6" from the top of the
root ball of the tree.
I. City: The City of Carmel, Indiana.
J. Commission: The City's Plan Commission.
K. Council: The City's Common Council.
L. County: Hamilton County, Indiana.
M. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
N. Plan, Conceptual. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
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structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations.
O. Development Plan, Final. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screening and
building information for the site.
P. Development Requirements. Development standards and any requirements
specified in this Ordinance which must be satisfied in
connection with the approval of a Final Development Plan.
Q. Developer. Indiana Land Development, LLC and its successors and
assigns.
R. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
S. Homeowners Association. A nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of the
and to manage, maintain, and repair the common areas within
the Real Estate and any improvements located thereon.
T. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
U. Minor Alteration: Any change to an approved plan of any type that
involves the revision of less than ten percent (10 of the plan's total area
or approved materials.
UA Open Space: Define Open Space to include all pond and common areas
and block areas.
V. Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (18)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
W. Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A
X. Right -of -Way: An area of land permanently dedicated to provide light, air
and access.
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Y. Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of determining Set Back, the perimeter
boundary of the Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
Z. Sign: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel -Clay Township, Ordinance Z -196, as
amended.
AA. Substantial Alteration: Any change to an approved plan of any type that
involves the revision of ten percent (10 or more of the plan's total area
or approved materials.
BB. Townhome: A single family residence attached to one or more other
single family residence(s), each having more than one (1) story.
CC. Townhome Building: A structure containing Townhomes.
DD. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 10 Violations. All violations of this Ordinance shall be subject to Section
34.0 of the Carmel Zoning Ordinance.
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1
PASSED by the Common Council of the City of Carmel, Indiana this day of
2005, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin Kirby
Ronald E. Carter, President Pro Tempore Brian D. Mayo
Fredrick J. Glaser Mark Rattermann
Joseph C. Griffiths Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the day of
2005, at o'clock .M.
Diana L. Cordray, IAMC, Clerk Treasurer
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1
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2005, at o'clock .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger
NELSON FRANKENBERGER
3021 East 98 Street, Suite 220
Indianapolis, IN 46280
And By:
Greg Gamble
Land Design
135 Second Avenue North, Suite 105
Franklin, Tennessee 37064
H:Uanet\ILD 121st\PUD Draft 061005.doc
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EXHIBIT "A"
Legal Description
H:Vanet\1LD 121 \PUD Draft 061005.doc
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