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HomeMy WebLinkAboutCompliance Response 5-1-12Section 4 Design and Development Standards and Permitted Uses 4.1. Design and Development Standards. The design and development of the District shall comply with Exhibit "G the Gramercy Design and Development Standards. Our proposal complies. See breakdown in attached exhibit. A. Gramercy Development, Phasing, and Access 1. Fifty percent (50 of the total acreage of the Real Estate may be developed pursuant to the standards and requirements of this Gramercy Ordinance without vehicular access to Keystone Avenue or Carmel Drive. These connections will be made as part of our development. 2. The total remaining acreage of the Real Estate that is not developed pursuant to Section 4.1(A)(1) above may be developed and built pursuant to the standards and requirements of this Gramercy Ordinance upon the acquisition of additional curb cuts and /or additional real estate that can accommodate vehicular access to either Keystone Avenue or Carmel Drive. Buckingham owns the property to the south (The Fountains), and has been approved to connect to Keystone. These connections are planned for this development. B. Auman Drive Access: Streets located on the Real Estate that approach and ultimately intersect with East Auman Drive shall incorporate appropriate traffic calming techniques in their design, including but not limited to jogs in the street alignment within the Real Estate. As part of the ADLS and Development Plan process, the number and location of any access points to East Auman Drive and /or Shoshone Drive shall be reviewed and approved by the Plan Commission. Unless specifically required by the Plan Commission, Department of Community Services, Department of Engineering and /or the Board of Public Works, the Developer shall not permit more than two access points onto East Auman Drive and /or Shoshone Drive. Access point locations shall be determined in cooperation with the Department of Community Services, Department of Engineering and /or Board of Public Works. Our current plan identifies the area which will contain the required 50 or more single family detached homes, as well as any residual ground that may remain following the creation of those homes. Our plan is set up to accommodate connections. These would be identified at the time when the development of this area is brought before the Plan Commission. 4.2. Permitted Uses and Use Areas. Exhibit "E which is attached hereto and incorporated herein by reference, sets forth the general locations of Use Areas A, B and C (as defined below). Exhibit "F which is attached hereto and incorporated herein by reference, sets forth the Permitted District Uses for each Use Area, subject to the other requirements and standards of this Gramercy Ordinance, including the provisions contained in Sections 4.2(D) and 4.2(E) below. A. Use Area A. "Use Area A" shall be defined as the first and second rows of Buildings that are either (1) situated immediately along and facing the western property line or (2) situated immediately along and facing the northern property line as generally depicted on Exhibit "E B. Use Area B. "Use Area B" shall be defined as the third and fourth rows of Buildings to the east and south of Use Area A as generally depicted on Exhibit "E Within Use Area B, a minimum of seventy percent (70 of the total gross floor area shall contain uses which are listed in Exhibit "F" in the "Residential Uses" category, provided, however, that any uses listed in Exhibit "F" in the categories titled "Miscellaneous," "Transportation and Communication Uses," and "Temporary Uses," as well as the "Public Park" use shall be excluded from any calculation of gross floor area. C. Use Area C. "Use Area C" shall be defined as all areas of the Real Estate not specifically identified or described as part of Use Areas A or B, as generally depicted on Exhibit "E Within Use Area C, a minimum of fifty percent (50%) of the total gross floor area shall contain uses which are listed in Exhibit "F" in the "Residential Uses" category, provided, however, that any uses listed in Exhibit "F" in the categories titled "Miscellaneous," "Transportation and Communication Uses," and "Temporary Uses," as well as the "Public Park" use shall be excluded from any calculation of gross floor area. D. Limitations on Uses. Within the Gramercy District, no more than one hundred fifty thousand (150,000) square feet shall contain permitted uses listed in Exhibit "F" in the following categories: (i) "Office Uses (ii) "Retail Service Uses 11100022 DP ADLS fully complies with these use requirements. Our plan is residential, parks, and limited amount of potential future retail (approximately 13,000 sq. ft.). E. 126 Street/Keystone Avenue Special Use Height Area. In addition to the uses permitted in Use Area A and Use Area B respectively, all other uses identified in Exhibit "F" shall be permitted as a Special Use, but only in the portions of these Use Areas located to the east of the easternmost entrance to the Real Estate from 126 Street. As part of a Special Use request pursuant to this Section 4.2(E), the maximum Building Height may be modified. 11100022 DP ADLS does not require any special uses. F. Mixed Uses. For any uses that are permitted in any Use Area as listed in Exhibit "F those permitted uses may be contained in different combinations within a single Building. G. Leasing. For any Dwelling Unit within the District, the owner of said Dwelling Unit shall be permitted to lease or rent the Dwelling Unit to another person(s), subject to the rules and ordinances of the City of Carmel and the rules of any applicable Homeowner's Association. H. Model Homes. Model Homes shall be permitted in any of the areas as listed in Exhibit "F" and shall be governed by the City of Carmel's rules and ordinances governing Model Homes. L Temporary Uses. Temporary Uses shall be permitted as listed in Exhibit "F" and shall be governed by the City of Cannel's rules and ordinances governing Temporary Uses. 11100022 DP ADLS will comply with these rules. The plan has some mixing of use in buildings. G, H, and I speak to operations which with we will fully comply 4.3. Building Height. Exhibit "D which is attached hereto and incorporated herein by reference, sets forth the general locations of the Perimeter Transitional Area, the Interior Transitional Area, the Core Transitional Area, and the Core Area (as defined below). A. Perimeter Transitional Area. The "Perimeter Transitional Area" shall be defined as the first and second rows of Buildings that are either (1) situated immediately along and facing the western property line or (2) situated immediately along and facing the northern property line as generally depicted on Exhibit "D." The maximum Building Height within the Perimeter Transitional Area shall be thirty -five feet (35'). B. Interior Transitional Area: The "Interior Transitional Area" shall be defined as the third and fourth rows of Buildings to the east and south of the Perimeter Transitional Area as generally depicted on Exhibit "D." The maximum Building Height within the Interior Transitional Area shall be fifty feet (50'). C. Core Transitional Area: The "Core Transitional Area" shall be defined as the area generally depicted as the Core Transitional Area on Exhibit "D." The maximum Building Height within the Core Transitional Area shall be sixty five feet (65'). D. Core Area: All areas of the Real Estate not specifically identified or described as part of a Transitional Area on Exhibit "D" shall constitute the Core Area. The maximum Building Height within the Core Area shall be one hundred feet (100'). 11100022 DP ADLS will comply with the revised height max standards set forth in the commitments. See attached exhibit. 4.4 Perimeter Setbacks. A. Western Property Line: There shall be a minimum setback of fifteen feet (15') from the western property line of the Real Estate. B. Northern Property Line: There shall be a minimum setback of fifteen feet (15') from the northern property line of the Real Estate. C. Eastern Property Line: There shall be a minimum setback of thirty feet (30') from the eastern property line of the Real Estate. D. Southern Property Line: There shall be no minimum setback from the southern property line of the Real Estate. E. Internal Setbacks: There shall be no minimum setbacks required for any internal boundary lines created by platting or splitting the Real Estate. 11100022 DP ADLS complies with, and exceeds these setbacks. New construction at the north is 60 feet from the ROW (15 feet is required). The east and west boundaries do not have new construction beyond the boundaries of renovated existing buildings. 4.5 Building Orientation. Any building situated along the portion of the Real Estate directly adjacent to either 126 Street or East Auman Drive shall be oriented in such a way that the rear of the building does not face either 126 Street or East Auman Drive. 11100022 DP ADLS proposes anew clubhouse along 126 Street. This clubhouse will face the street. There are no new structures along Auman Drive for this development proposal. 4.6 Trash Enclosures. No trash enclosures, compacters, dumpsters, or other permanent structure or structures for refuse or recycling storage shall be located such that it is visible from the properties (1) adjacent to the western perimeter of the Real Estate and East of Auman Drive, (2) adjacent to the northern perimeter of the Real Estate and 126 Street, or (3) adjacent to the eastern perimeter of the Real Estate and Keystone Avenue. Dumpsters will be replaced with compactors. Each new neighborhood will have a maintenance building with an enclosed compactor. The location of these is identified on the proposed site plan. 4.7 Streets. New streets located within the Gramercy District may be either (1) dedicated to the public through the platting process, or (2) maintained in private access easements (such as alleys) that shall connect to publicly dedicated streets, as determined by the Developer and approved through the ADLS and Development Plan process by the Plan Commission. Streets shall be designed in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. Streets shall remain open and accessible to the public and shall not be gated or access controlled, unless otherwise approved through the ADLS and Development Plan process by the Plan Commission. New streets will be dedicated to the public as per the standards in the PUD. Some private access streets are also anticipated. Streets have been designed in accordance to Exhibit G. All streets will remain open and accessible to the public, understanding that any alteration of such access would require additional ADLS and DP approval. Section 5 Accessory Buildings. All Accessory Buildings and Accessory Uses shall be permitted except that any detached accessory building shown in any Development Plan shall on all sides be architecturally compatible with the principal building(s) with which it is associated. Color and materials of accessory buildings will be compatible with the design approach for each neighborhood. Section 6 Landscaping. Landscaping shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. A Landscape Plan shall be submitted as part of any ADLS approval and Development Plan approval for any Section to be developed. The landscape details and preliminary plan has been submitted and reviewed by Carmel Urban Forestry. Final construction plans will be provided prior to the end of the committee review process. Section 7 Lighting. Lighting shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. A Lighting Plan shall be submitted as part of any ADLS approval and Development Plan approval for any Section to be developed. See Lighting exhibit. Section 8 Parking. Parking shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. Parking design and numbers fully comply with the requirements of the PUD and its design Standards. See the landscape plans for details on parking lot screening. See the overall neighborhood plans for parking count vs required parking spaces. Section 9 Signage. Signage shall be required in accordance with the standards contained in Exhibit "G the Gramercy Design and Development Standards. All signage will fully comply with the requirements of the PUD and its design guidelines. Any signage not presented in full detail through this review process will be brought back as an independent ADLS petition. Section 10 Approval Process 10.1. Nature of Development Requirements. The development requirements set forth in this Gramercy Planned Unit Development District are expressed in detailed terms as provided under I.C. 36- 7- 4- 1509(a)(2). As permitted under I.C. 36- 7-4-1509(e), the approval process contained in this Section 10 shall be adhered to in order to obtain an Improvement Location Permit. 10.2. Approval or Denial of the Primary Plat /Development Plan. Exhibit "C which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP However, the CP does not constitute the approved Development Plan or Primary Plat for the Real Estate, nor does it constitute the ADLS approval for the Real Estate and the improvements thereon, considered in connection with the Gramercy Ordinance. The development of any Section of Gramercy shall require further (i) Architectural Design, Exterior Lighting, Landscaping and Signage Regulations "ADLS approval pursuant to Chapter 24 of the Carmel Zoning Ordinance and (ii) development plan approval pursuant to Chapter 24 of the Carmel Zoning Ordinance ("Development Plan (iii) Primary Plat approval, and (iv) Secondary Plat approval in accordance with Section 10.3 below. If there is a Substantial Alteration in the approved ADLS or Development Plan, 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 may be approved by the Director. Notwithstanding anything herein to the contrary, neither ADLS approval or Development Plan approval shall alter the specific development requirements contained in this Gramercy Ordinance unless agreed to by the Developer, and compliance with the specific development requirements set forth in this Gramercy Ordinance shall not be the basis for denial of ADLS approval or a Development Plan for a Section. 10.3. Approval or Denial of Secondary Plat. A. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Secondary Plat (the "SP for the Gramercy Ordinance; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the SP that is in substantial conformance with the Development Plan and Primary Plat and is in conformance with this Gramercy Ordinance and the Gramercy Design and Development Standards. If the Director disapproves any SP, the Director shall set forth in writing the basis for the disapproval. Upon receipt of such written disapproval, the applicant may either amend the Secondary Plat to address the stated reasons for denial and resubmit the amended Secondary Plat or schedule the request for approval of the SP for a hearing before the full Plan Commission. B. An amendment to the SP, which is not determined by the Director to be a Substantial Alteration from the approved Development Plan and Primary Plat, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration between the approved Development Plan and or Primary Plat and any proposed SP, the Director may, at the Director's discretion, refer the amended SP to the Commission, or a Committee thereof, for review and approval by the Commission and /or a Committee thereof. C. The SP shall be a specific plan for the development of all of the Real Estate or a Section 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, streets and building information. This DP ADLS petition is part of the required review and approval process. This petition will adhere to these rules and procedures. 10.4. Additional Notification Required. In addition to the public notice required by law for any ADLS, Development Plan, or Variance Petition submitted for any Section(s) of the District or any building(s) within the District, the Developer shall provide the same notification via USPS mail to the following individuals: (i) President of the Homeowner's Association, Enclave subdivision, (ii) President of the Homeowner's Association or other appointed representative, Auman subdivision, and (iii) President of the Homeowner's Association or other appointed representative, Newark Village subdivision. This notice has been made. Copies of notice receipts have been submitted. Section 11 Construction Activity and Construction Traffic. Any construction activity and /or construction traffic that occurs within and upon the Real Estate shall be subject to all relevant regulations, ordinances, and technical specifications of the City of Carmel that govern such activity. Unless specifically required by the City of Carmel Board of Public Works and /or the City of Carmel Department of Engineering, the Developer shall not permit any construction entrances and /or construction traffic onto East Auman Drive. The Developer shall direct construction traffic away from residential neighborhoods, subject to the direction of the City of Carmel Board of Public Works and /or the City of Carmel Department of Engineering. Unless otherwise approved or required by the City of Carmel Board of Public Works and /or the City of Carmel Department of Engineering, construction work hours shall be between the hours of 7:00 am and 7:00 pm, and no work shall be performed on the following days: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. We will comply with this requirement.