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PacketCRAWFORD DEVELOPMENT, LLC Brownstone Homes at Guilford Reserve Request to Change Zoning Classification To a Planned Unit Development Docket No. 04-01-0024Z Carmel Plan Commission April 20, 2004 · Applicant: Crawford Development, LLC c/o David Klain 10628 Walnut Creek Drive Carmel, IN 46032 Phone: 733-9600 Attorney: Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Telephone: 844-0106 Engineer: Adam DeHart Keeler-Webb Associates Phone: 574-0140 TABLE OF CONTENTS 1. Explanation , Aerial photograph 3. Colored site plan , Development Plan o Landscape and photometric chart . Existing tree preservation plan , Building rendering o Building Elevations . Community mailbox structure 10. Signage 11. Lighting Fixtures 12. PUD Ordinance H:\Janet\Klain\TOC-PC 031604.doc EXPLANATION Crawford Development is the contract purchaser of 5 acres located on the east side of Guilford Avenue, between 116th Street on the south and Carmel Drive on the north, and across the street from the Lennox Trace condominiums. The 5 acres is outlined on the enclosed aerial photograph. The 5 acres is now zoned B6. As previously discussed, this existing zoning permits a 3 story independent living retirement facility, containing up to 72 one and two bedroom apartments, along with a dining room, community room, library, health and wellness area, country store, and other accessory uses. Crawford Development is desirous of developing the real estate to permit 48 brownstone style townhomes. To achieve this, Crawford Development has proposed to change the zoning of the 5 acres to a PUD Ordinance. By way of general background, we were originally before the Plan Commission on March 16, 2004. At that time, the only public comment was from Mr. Johnson, the neighbor to the north. Mr. Johnson had three primary concerns: (i) proximity of one building to his property line, (ii) contamination of his well due to surface water runoff from the subject property, and (iii) children trespassing on his property and car lights shining onto his property from the subject property. To address his concerns, we relayed to the Special Studies Committee that Crawford Development would (i) move a building further south, increasing the set back per Mr. Johnson's request, and (ii) run a water line, pay the availability fee, pay the hook-up fee, and restore the land to the condition in which it existed prior to running of the line, at a total cost of approximately $7,500.00, limiting Mr. Johnson's contribution to $1,000.00. In response to Mr. Johnson's trespass concerns, Crawford Development agreed to install a fence. Regarding the fence, however, it was discussed at the Special Studies Committee meeting that (i) Mr. Johnson did not want the fence placed on his property, and (ii) that the placement of the fence on the property line would result in tree loss. Considering this, it was discussed that a continuous 6' high privacy fence may be unattractive, and that increased landscaping may be preferable and enhance the view corridor. To this end, the drawings enclosed provide additional buffering. Other matters discussed at Special Studies Committee can be summarized as follows' Parking- The adequacy of parking was discussed. Some concern was expressed that parking may later prove to be inadequate. To address this concern, it was suggested that Crawford Development land bank certain areas for additional parking. This is reflected in the enclosed plans. , Enhanced Architecture - To address Plan Commission concerns about visual monotony on sides and rear elevations, particularly in the area where back-to-back buildings are separated by paving, Crawford Development showed the Committee revised side and rear elevations. These were revised to provide additional architectural articulation, including variation in brick pattern, soldier courses, and change in brick color. The enclosed drawings reflect these revisions which were reviewed by the Special Studies Committee. We look forward to presenting this matter to the Plan Commission on April 20, 2004. Respectfully submitted, Charles D. Frankenberger H:Uanet\Klain\Explanation-PC 042004.doc BROX;~~STONE HOMES at GUILFORD RESERVE 1011 SOUTH GUILFORD ROAD CARMEL, INDIANA 46032 S 89~14'12'' W - 726.90' (727' E - 727.02' (729.4' DEED) GRAPHIC SCALE ( n~ ~m' ) DE¥'ELOPED BY: DESIGNED BY: I I I ', I (rm.) t J S 8914'12' W - 726.90' (727' DEED) ~ 11~ PRESERVAlION ~ ~s' ~ YAm) \ \ I I I / I / i/ I / , / , / / /' ~IN~ PR~R~ U~ P~POS~ ~ ~ER O ~ t STeM IN~S 1' C~OUR UNE ~~ UN~ND ~C~C ~ ~M ~ 5' C~O~ ~E ~ WA~ V~ ~D UN~G~ND ~ ~ ~~E ~H~ ~ ~ ~ ~H~ U~ UNES ~ WA~ M~R ~ ~CESS CO~ ~S~ UND~ND WA~ ~ ~C ~HO~ ~ lv , UNDEr,ND ~SION ~ ~ V~ ~ ~ ~ WA~ ~ ~ [ ~ UNDEr,ND ~C~ ~ ~ M~R ~S~ G~E ~ ~ ~HO~ ~ T ~ UNDEr,ND ~ONE ~ ~ ~GNS ~C~ O~ ~ rD ~ UNOE~ND R~R O~ m ~X SPACE ~ ~ ~ r UNOE~ND FOrE ~N P~E~ ~ R~ UNE ~T PA~M~ ~ ~U~ ~ ~m G~ ~RE ~ ~ ........ UNDEr. ND ~ UNE C~UNE ~ ~U~ ~ ~ R~ER ~ m ~ UNDE~R~ND WA~ MNE ~ S~K ~E . UGHT-D~ ~ ~ PO~ C~N-UNK FEtE ~ENT ~P~T PA~ ~ T~C ~ ~ ~N F~CE ~NG IR~ PIN FOUND CO~ PA~ME~ ~C~ ~ORM~ ..... UNDE~NO ~M S~R ~ ~ C~NI< UNff ~ OF ~ ~ ~L C~R-~K CONC. CURe ~ ~ .... ~ ~ . x ~-WIRE F~CE - - : ~OW UNE ~SED RRE ~T / \ // \ Site data: Existing Zoning Number of Units B-6 Lot area Building Area Lot Coveroge Res. identiol parking (,9' x 20' spoces) Proposed porking Future parking Required porking 4.99.3 Ac. +/- 44,112 sq. ft. (Footprint) 50.15 ~ 3/4 per unit 37 22 36 Minimum Front Yard Setback 1.5' Minimum Rear Yard Setback 20' Minimum Side Yard Setback 15' 15" ~ Y,MqD \ x"x N~ AREA \ \ DEVELOPMENT PLAN GRAPHIC SCALE 1 inch = 30 fL DRAWN BY: ALD HEcKED BY: ALD Ld -> ZONED R- 1 :. I I I I I I I I I ! HOMES at ASPHALT ZONED R-1 N E- 727.02' DEED) TREE AND ,,, ~T ~I~T~IC ~ ~ ~ 51~ ~TI~ ~~ ~T ~I~IC ~ ~~ ~ ~ ~TI~ J~l~ ~~T ..... T~ x m ~~ ~1~  ~IT~IA '~~T' ~1~ ~T~ ~-12' ~L a ~A~ ~ ~ HL ~I~T~ ~L~T ~1~ ~UE ~ 24' 2 gal ~ ~ ~ ~ ~E~ r ~ '~L' ,,. , PI~ ~ ~L~CHIE~ ~~ ~' T~ ~L ~ ~~ ~ ~ ~A ~1~~ A~ ~I~A ~E ~' T~L ASPHALT ZONED R- 1 NOTE8,: !. ~ ~ IN ~ A UJ`A'r' ~ TO NOT EI~ODE AUJ~"r'. 2. lOL.,ANTIN~ `At~ISE`AE~ ~ l'lN~E LOC..~TI~ E~4`AL.L ti,AVE MULCIl ~' DEEP (MINIMI~). 5. ALL MULC4.-I 8,EEDIt,~ All,A5 ~ ~ L~D TO A MINIt'U'q DEl~rH OF 3' ~ FEt~TILIZE~ 4. ALL l'f~Ee, E~ALL 5. ALL EXTEI~IOt~ LANDSCAPING / EXT. LIGHTING PLAN GRAPHIC SCALE 1 tach= 30 ft. DRAWN BY: ALD CHECKED BY: ALI:) PROJECT No. SHEET No. L1 ...... iiiiii ~'-' .... I E 5?AKE ,.GI-IALL EE A I'IlNIMI.~ OF ~" DEl=TN FENCE ,,~ALL EE 4' WIGH I"IINII"R,~ NOT TO t:~ALE C.~TC~ 5WAI_I_ t=~¥1DE I~URING C~6TI~TIC~I · IE~ CF EXISTII~ TI~Ei_INE C~ ~I~T~ ~,~ TO I:~IE:~"'I..AY NOT I~1,~' ,~IC=N~ C~I FENCE. S 89'14.'12" W- 726.90' (727 DEED) 15' Bt,'Ft"~ ~ ~GTION FENCE ~LAU. E~ I**~T,N.LED ~ ('~r.E DETAIL ~]: ~ [)oem (r~) HOMES at ~UILFORD Ac. ~/- \ \ 24' x 40' TYPIC~ 24' x 40' TYPICAL ?..4' x 40' TYPICAL I I I I I I ........................ ,~. N 89'4.0'42" E - 727.02' (729.4.' DEED) eH,aLL BE ~TALLED A~ -- - = , = =. ~IGUN (~:~-E DETAIL I/L2) ASPHALT DRAIN 4 (3) GLI¥5 ~ lid ~ TRIll, TED 12~)' AImART ~ 2' x 2' x 24" EYERICJREEN TI~E- G'RC~ LINE TO I~E ,~,N"IE A.5 EZIE)TED ,e NUI~ DECIDUOL~ TREE - ~ BACI< ~x,,' C::~I- ___..~ITE 4 $1=I~T ~/~TI-DE$1CC~T ~ M~. ~~ATI~ I ~~TO~~~ ~ ~ ' e ........ DAR ~T~ W~ ~' I ~ ~ ~ ~ ~ ~ ~ Z ~~~Y~~TO2xD~~~~ . x ~~~ ~. ~1~ TO ~ ~ D~ ~ ~ ~ ~ ~ ~~ T~~ E' M~ 2x BALL DI~. ~- ~ ~ ~ ~ ~ ~~ ~T ~ ~ AT ~ ~ ~ A~H~T DETAIL 14.2) EXISTING TREE PRESERVATION PLAN GRAPHIC SCALE (m~m') 1 tach = 30 ft. r _ 5 - DRA~ BY: CHECKED BY: ~ PROJECT No. SHEET No. HINGLES TO MATCH BUILDINGS FRONT ELEVATION SCALE LEFT ELEVATION LEVEL ONE FLOOR PLAN TRIM TO MATCH BUILDINGS RIGHT ELEVATION SOLDIER COURSE TO MATCH BUILDINGS BRICK TO MATCH BUILDINGS REAR ELEVATION FOUNDATION PLAN COMMUNITY MAILBOX STRUCTURE 4'-~," ~-~' . ~ -C~" -I -I -- 5NOOTH CUT LIHESTOF TALL E~LACK LETTEt~X3 ~OOD 51GN COLOR TO MATCH TIRIM ON 5TI~tJCTgt~E5 BLACK DIIRECTIONAL AE~OUJ GUI LFOR~ RESERVE E:)II~EEC, TIONAL 51~N ELE',/,a, TION 5C:~LE: ?~14' = I'-0' ELEX/,a, TION ~<~ALE: 3/4' - I'-~)' 51,1BDI¥1510N 515N DETAIL5 PL.a,N 'v'lEgU Draft #5 Dated 4/7/04 Sponsor: Councilor ORDINANCE NO. BROWNSTONE HOMES AT GUILFORD RESERVE PLANNED UNIT DEVELOPMENT DISTRICT 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. Platting ......................................................................................................................... 5 Section 6. Height, Area, Square Footage and Architectural Design Requirements ........................... 5 Section 7. Architectural Design Requirements .................................................................................... 6 Section 8. Landscaping Requirements ................................................................................................. 6 Section 9. Lighting Requirements ........................................................................................................ 7 Section 10. Signs ..................................................................................................................... 8 Section 11. Parking ................................................................................................................. 8 Section 12. Mechanical Equipment ..................................................................................................... 8 Section 13. Homeowners Association and Declaration of Covenants ................................................ 9 Section 14. Approval Process .............................................................................................................. 9 Section 15. Definitions and Rules of Construction ....................................................................... 10 Section 16. Violations ........................................................................................................................ 12 2 SCHEDULE OF EXHIBITS A B C D E F G H Legal Description of Real Estate Building Rendering and Elevations Community Mail Box Structure Landscape Plan Wall mounted luminaires Pole mounted luminaires Entryway treatment - signage and wall Conceptual Plan 3 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 (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 "Brownstone ttomes Ordinance") which establishes the Brownstone llomes 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 parts 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 Hamilton 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 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 Brownstone ttomes 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 ttomes Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Brownstone Homes Ordinance shall apply. 4 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 Permitted Primary Uses: Permitted uses are 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. Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the area requirements set forth below in Section 6, and the creation of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified below in Section 6 tbr the entirety of the Real Estate. However, the development of any parcel shall conform to all Preliminary Development Plans and Final Development Plans which are approved or amended per the terms of Section 14.1 below, and all other applicable requirements contained in this Brownstone Homes Ordinance. Section 6 I leight, Area and Square Footage Requirements: Section 6.1 (35) feet. Maximum Building Height: The maximum Building tteight 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 shaI1 be fifteen (15) feet, and along the north property line of the Real Estate the Minimum Set Back shall be fifieen (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: A. Maximum Parcel Coverage shall be twenty-five percent (25%). B. There shall be a maximum of forty-eight (48) Townhomes on approximately five (5) acres. 5 Section 6.5 Maximum Number of Buildings. There shall be no more than (i) eleven (11) Townhome Buildings located upon the Real Estate and (ii) one (1) community mailbox structure. Section 7. Architectural Design Requirements: Suitability of building materials: A minimum of four (4) materials shall be used for Building exteriors, from the following list: brick, cast stone, stone, Hardi- Plank, glass, wood soffits, and vinyl clad windows and/or the equivalents thereof for all of the foregoing. The use of wood and ftardi-Plank shall be limited to Trim. Roof design: All roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 8 vertical. Building rendering and elevations: Attached hereto and incorpgrated 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. Community mail box structure: Attached hereto and incorporated herein by reference as Exhibit "C" is a rendering of the community mail box structure. Section 8 Landscaping Requirements: Section 8.1 l,andscape Plan: The Landscape Plan shall, consist of the landscape detail depicted on the landscape plan which is attached hereto as Exhibit "D" (hereafter "Landscape Plan"). Landscaping shall be installed per the Landscape Plan. Section 8.2 Landscaping Standards: Materials: All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 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. Ornamental trees: a minimum trunk diameter of 1½ inches measured at breast height, and a minimum height of six (6) feet. Shrubs: shrubs may be deciduous or evergreen, and shall be eighteen (18) inches in height at planting. 4. Evergreen Trees: shall be six feet (6') in height at planting. Section 8.3 Landscaping Installation and Maintenance: 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 8.4 Tree Preservation: Existing trees identified on the Existing Tree Preservation Plan shall be preserved and shall not be removed from the Real Estate except as follows: A. As is necessary to clear underbrush and dead trees; As is necessary for the installation of access easements, rights-of-way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and C. As necessary tbr public health and safety. Section 9 Lighting Requirements: Section 9.1. Front of Townhome lighting: 1. Each Townhome having a covered porch at the front entrance shall have one (1) period fixture light hanging from the ceiling of the covered porch. The light shall be as depicted on Exhibit "El" as item no. 8994-61. Each Townhome which does not have a covered porch at the front entrance shall have two (2) period fixture lights mounted on either side of the front door. The lights shall be as depicted on Exhibit "El' as item no. 8990-61. Rear of Townhome lighting: Each Townhome shall have two (2) exterior grade coach lights mounted on either side of the overhead garage door, each one activated by a dusk-to-dawn sensor. The lights shall be as depicted on Exhibit "El" as item no. 8990-61. Rear Porch Lighting: Each Townhome shall have one (1) period fixture light mounted on only one side of the sliding glass door. The light shall be as depicted on Exhibit "E2" as item no. 8997-61. 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 "F". Section 10 Signs Section 10.1. Ground Signs and Entry Wall. Type: Two (2) Ground/Entryway Signs shall be permitted near the entrance of the development adjacent to Guilford Avenue, as is depicted on Exhibit "G", which is attached hereto and incorporated herein by reference. B. Maximum Sign Area: Twenty-four (24) square feet each. C. Illumination of Sign: External. D. Sign Permit: Required. E. Fees: Required. 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 "G'. Section 11 Parking Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage and, in addition, there shall be thirty-six (36) external parking spaces, as depicted on what is attached hereto and incorporated herein by reference as Exhibit "It'. Section 11.2 Additional Parking: At the request of the developer or the Homeowners Association established by the developer, the Director may convert land banked open spaces into additional parking areas, which areas are depicted as "future parking spaces" on what is attached hereto and incorporated herein by reference as Exhibit "H". Section 12 Mechanical Equipment Section 12.1 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 13 Homeowners Association and Declaration of Covenants Section 13.1 Declaration of Covenants and Homeowners Association: A Declaration of Covenants shall be recorded which shall also contain various provisions regarding the Real Estate, including provisions for an initiation fee, a budget requirement to fund general reserves, the use of the Real Estate, and improvement approval requirements after initial construction. The Declaration of Covenants will also provide for the establishment of a l lomeowners Association in which membership shall be mandatory. Section 14. Approval Process: Section 14.1. Approval or Denial of the Primary Plat/Development Plan. Exhibit "H", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP'). The CP has been reviewed and approved by the Plan Commission. The CP constitutes the 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 14. If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations and Material Alterations may be approved by the Director. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove thc 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 the Director's 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. lfthe Director disapproves any FDP, thc 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. An amendment to the FDP, which is not determined by the Director to bc a substantial or material alteration from the approved CP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved CP and any proposed FDP, the Director may, at the Director's discretion, refer the amended FDP to the 9 Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. 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 15 Definitions and Rules of Construction: Section 15.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 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 pr¢ferred requirement. Section 15.2 Definitions. A. Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. C. Building Height: The vertical distance from the ground level at the main entrance to the highest ridge point of the roof structure. D. City: The City of Carmel, Indiana. E. Commission: The Carmel/Clay Plan Commission. F. Council: The City Council of the City of Carmel, Indiana. G. County: Hamilton County, Indiana. H. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the 10 Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. 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. 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. 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. 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. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. 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. 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. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit ~'A". Right-of-Way: An area of land permanently dedicated to provide light, air and access. 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 11 reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. 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. 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. Townhome: An attached townhome intended for occupancy by a single family. Townhome Building: A structure containing Townhomes. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 16. Violations. All violations of this Brownstone Homes Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. 12 PASSED by the Common Council of the City of Carmel, Indiana this __ ,2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL day of Presiding Officer Ronald E. Carter, President Pro Tempore Kevin Kirby Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths ATTEST: Richard L. Sharp 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, 1AMC, Clerk Treasurer 13 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 tlSJanct\Klain\PUD [)rail 030404 doc 14 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 corner 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 llalf, 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. It:\Janct\Klain\! UI) Draft 030404 doc 15