HomeMy WebLinkAboutOrdinance draft copy Draft #1
Dated 1/16/04
Sponsor: Councilor,
ORDINANCE
NO.
BROWNSTONE HOMES AT
GUILFORD RESERVE
PLANNED UNIT DEVELOPMENT
DISTRICT
TABLE OF CONTENTS
AND SCHEDULE OF EXHIBITS
TABLE OF CONTENTS
Pa~e
Section 1. Applicability of Ordinance ................................................................................................. 4
Section 2. Permitted Primary Uses ..................................................................................................... 5
Section 3. Accessory Buildings and Uses ................................................................... ~ .................. 5
Section 4. Communication Equipment ................................................................................................ 5
Section 5. Platting ......................................................................................................................... 5
Section 6. Height, Area, Square Footage and Architectural Design Requirements ........................... 5
Section 7. Landscaping Requirements ................................................................................................. 6
Section 8. Lighting Requirements ........................................................................................................ 7
Section 9. Simms .............................................. 7
Section 10. Mechanical Equipment ..................................................................................................... 8
Section 11. Homeowners Association and Declaration of Covenants ............................................... 8
Section 12. Approval Process .............................................................................................................. 8
Section 13. Definitions and Rules of Construction ............................................................................. 9
Section 14. Violations ........................................................................................................................ 11
SCHEDULE OF EXHIBITS
A
B
C
D
E
.F
G
H
I
Legal Description of Real Estate
Building Rendering and Elevations
Community Mail Box Structure
Landscape Plan
Yard light illustration
Building light illustration
Parking lot light illustration
Entryway treatment- signage and wall
Conceptual Plan
Sponsor: Councilor
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
BROWNSTONE HOMES AT GUILFORD RESERVE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned
Development District in accordance with the requirements ofI.C. § 36-7-4-1500 et seq.;
(the
Unit
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Brownstone Homes
Ordinance") which establishes the Brownstone Homes at Guilford Reserve 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
Brownstone Homes 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 pans
thereof inconsistent with any provision of this Brownstone Homes Ordinance and its exhibits are
hereby repealed, (iii) all prior commitments shall be null and void and replaced and superseded
by this Brownstone Homes Ordinance, including, without limitation, those recorded on
as Instrument No. with the Recorder of H. amilton County, Indiana, and
(iv) this Brownstone Homes Ordinance shall be in full force and effect from and after its passage
and signing by the Mayor.
Section
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 Brownstone Homes at Guilford Reserve.
Section 1.2 Development in the District shall be governed entirely by (i)the
provisions of this Brownstone Homes Ordinance and its exhibits, and (ii)those
provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this
Brownstone Homes Ordinance. In the event of a conflict between this Brownstone
Homes Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the
provisions of this Brownstone Homes Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
Brownstone Homes Ordinance.
Section 2
dwelling units.
Permitted Primary Uses' Permitted uses are condominiums and/or multi-family
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.
dishes shall be permitted.
Cell towers shall not be permitted. Home satellite
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so
long as the proposed plat complies with the area requirements set forth below in Section 6.
However, the development of any parcel shall conform to all Preliminary Development Plans
and Final Development Plans which are approved or amended per the terms of Section 12.1
below, and all other applicable requirements contained in this Brownstone Homes Ordinance.
Section 6
Height, Area and Square Footage Requirements:
Section 6.1
(35) feet.
Maximum Building Height:
The maximum Building Height is thirty-five
Section 6.2 Minimum Building Set Back: The Minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with Guilford Avenue shall be fifteen (15)
feet, and along the north property line Of the Real Estate the Minimum Set Back shall be
fifteen (15) feet, along the south property line of the Real Estate the Minimum Set Back
shall be fifteen (15) feet, and along the east property line of the Real Estate, the Minimum
Set Back shall be twenty (20) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be forty (40) feet.
Section 6.4
Maximum Parcel Coverage, Density and Square Footage:
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Maximum Parcel Coverage shall be twenty-five percent (25%).
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There shall be a maximum of forty-eight (48) units on approximately five
(5) acres for a density of 9.6 units per acre.
Section 6.5
Architectural Design Requirements:
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Suitability of building materials: A minimum of four (4) materials shall be
used for Building exteriors, from the following list: brick, cast stone,
stone, glass, wood soffits, and vinyl clad windows and/or the equivalents
thereof for all of the foregoing.
Bo
Roof design' All roofs, except for open porch roofs, shall have a
minimum slope of 12 horizontal to 8 vertical.
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Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit B are a rendering and elevations, depicting
the building materials and architectural elements of the Buildings to be
constructed upon the Real Estate.
De
Community mail box structure: Attached hereto and incorporated herein
by reference as Exhibit C is a rendering of the community mail box
structure.
Section 6.6 Maximum Number of Buildings.
Buildings located upon the Real Estate.
There shall be no more than ten (10)
Section 7
Landscaping Requirements:
Section 7.1 Greenbelt.
Real Estate.
The Greenbelt shall exist around the entire perimeter of the
Section 7.2 Proposed Landscaping Plan: The proposed.landscaping plan shall consist
of the la~l depicted on the preliminary landscape plan which is attached
hereto a~xhibit D (her-'~after "Landscape Plan").
Section 7.3 Landscaping Standards:
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Materials' All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
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Shade trees: a minimum trunk diameter of 2 inches measured at
breast height, a minimum height of eight (8) feet, and a branching
height of not less than 1/3 nor more than ½ of tree height.
2. Ornamental trees' a minimum trunk diameter of 1½ inches
measured at breast height.
3. Shrubs: shrubs may be deciduous or evergreen, and shall be
eighteen (18) inches at height at planting.
,
Evergreen Trees: shall be six feet (6') in height at planting.
Section 7.4
Landscaping Installation and Maintenance:
mo
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 Brownstone Homes 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.
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Front of Brownstone lighting: Each Brownstone Home 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 E, which is attached
hereto and incorporated herein by reference.
Bo
Rear of Brownstone lighting: Each Brownstone Home 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, which is attached hereto and incorporated herein by
reference.
Ce
Parking Lot Lighting' The parking lot .for each Building shall have
lighting as depicted on what is attached hereto and incorporated herein by
reference as Exhibit G.
Section 9
Signs
Section 9.1.
Ground Signs and Entry Wall.
mo
Bo
Twe: Two (2) Ground/Entryway Signs shall be permitted near the
efit-yafi~'<0fxt~velopment adjacent to Guilford Avenue, as is depicted
on,Exhibit H, v~hich is attached hereto and incorporated herein by
refe ce,~4~2__~/
Maximum Sign Area: Twenty-four (24) square feet each.
C,
Illumination of Sign..: External.
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Sign Permit: Required.
E. Fees: Required.
Fo
Entry Wall' Two (2) are permitted, neither to exceed fifteen (15) feet in
length, as depicted on what is attached hereto and incorporated herein by
reference as Exhibit H.
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 Homeowners Association and Declaration of Covenants
Section 11.1 Homeowners Association: There shall be a mandatory Homeowners
Association established which shall be for the Brownstone Homes at Guilford Reserve
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 11.2 Declaration of Covenants: Declaration of Covenants shall be recorded
which shall also contain various requirements and provisions regarding the Real Estate.
Section 12. Approval Process:
Section 12.1. Approval or Denial of the Primary Plat/Development Plan.
A. which is attached hereto and incorporated herein by reference,
~e as the Conceptual Plan (the "CP"). The CP has been reviewed
and approved by the Plan Commission. The CP constitutes the
Preliminary Development Plan and primary plat for the Real Estate. The
architecture, design, lighting and landscaping for the Real Estate and the
improvements thereon, considered in connection with the Brownstone
Homes Ordinance, do not require any further (i) ADLS approval or (ii)
Development Plan/primary plat approval other than Final Development
Plan approval per the procedure set forth below in this Section 12. If there
is a Substantial Alteration in the approved ADLS and Development
Plan/primary plat, review and approval of the amended plans shall be
made by the Commission, or a Committee thereof, pursuant to the
Commission's roles of procedure. Minor Alterations and Material
Alterations may be approved by the Director.
Bo
The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for the
Brownstone Homes at Guilford Reserve; 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 CP and is in
conformance with the Development Requirements of this Brownstone
Homes Ordinance. If the Director disapproves the FDP for the
Brownstone Homes at Guilford Reserve, the Director shall set forth in
writing the basis for the disapproval and schedule the request for approval
of the FDP for a heating before the full Plan Commission.
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An amendment to the FDP, which is not determined by the Director to be
a substantial or material alteration from the approved CP, may be
reviewed and approved solely by the Director. However, in the event the
Director determines that there has been a substantial or material alteration
between the approved CP 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.
Do
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.
Section 13 Definitions and Rules of Construction:
Section 13.1 General Rules of Construction. The following general roles of
construction and definitions shall apply to the regulations of this Ordinance:
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The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
Bo
Words used in the present tense include the past and future tenses, and the
future the present.
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The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
Section 13.2 Definitions.
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Accessory Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
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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.
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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.
Do
Building Height: The vertical distance from the ground level at the main
entrance to the highest ridge point of the roof structure.
Eo
City: The City of Carmel, Indiana.
Fo
Commission: The Carmel/Clay Plan Commission.
Go
Council' The City Council of the City of Carmel, Indiana.
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County: Hamilton County, Indiana.
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.
Jo
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.
Ko
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.
Lo
Development Requirements. Development standards and any
requirements specified in this Brownstone Homes Ordinance which must
be satisfied in connection with the approval of a Final Development Plan.
Mo
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.
No
Greenbelt: A strip, fifteen (15) feet in width, around the entire perimeter of
the Real Estate. The Greenbelt shall be unoccupied except for plant
materials, steps, walks, terraces, bike paths, driveways, lighting standards,
patios, sidewalks, internal roadways, retention walls, lakes and ponds and
other similar structures.
10
Oo
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.
Po
'Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described iri Exhibit "A".
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Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
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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.
So
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.
Section 14. Violations. All violations of this Brownstone Homes Ordinance shall be
subject to Section 34.0 of the Carmel/Clay Zoning Ordinance.
11
PASSED by the Common Council of the City of Carmel, Indiana this
,2004, by a vote of ayes and nays.
day of
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
,2004, at o'clock ~.M.
day of
Diana L. Cordray, IAMC, Clerk Treasurer
12
Approved by me, Mayor of the City of Carmel, Indiana, this
,2004, at o'clock .M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
H:Uanet\KlainLPUD Draft 011604.doc
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EXHIBIT "A"
Legal Description
A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, described as
follows:
Begin at a point 66.0 feet west and 475.0 feet south of the Northwest comer of the East Half of
the Southwest Quarter of Section 36, Township 18 North, Range 3 East, thence east 727 feet to
an iron stake in the fence, said point being 475.9 feet south of the North line of said Southwest
Quarter, thence south on and along a fence line 302.0 feet to an iron stake, thence westerly 729.4
feet to a point, with the intersection of a line 66.0 feet west of the west line of said East Half,
thence northerly on and along said line 296.4 feet to place of beginning. Containing 5.0 acres
more or less including the center of the Road.
H:X. lanet\Klain\PUD Draft 011604.doc
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