HomeMy WebLinkAboutCompliance Response 8-8-12
PUD Ordinance Compliance
Section 4Design 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 Design Guidelines Compliance 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 full build out 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,
the
Department of Engineering and/or the Board of Public Works,
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,
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012
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. Per new City Council commitment, we will not initiate any
connection to Auman Drive.
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.).
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012
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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
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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.
I.Temporary Uses. Temporary Uses shall be permitted as listed in Exhibit
“F” and shall be governed by the City of Carmel’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’).
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012
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.
4.4Perimeter 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 complies with the setback requirements. An additional setback requirement
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commitment was approved by the City Council that states all buildings that front 126
street that are located west of our westernmost entrance will match the setback of the
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homes in the Auman Drive addition that have lot frontage on 126 street. The east and
west boundaries do not have new construction beyond the boundaries of renovated existing
buildings.
4.5Building Orientation. Any building situated along the portion of the Real Estate
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directly adjacent to either 126 Street or East Auman Drive shall be oriented in
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such a way that the rear of the building does not face either 126 Street or East
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012
Auman Drive.
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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.
4.6Trash 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
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of the Real Estate and 126 Street, or (3) adjacent to the eastern perimeter of the
Real Estate and Keystone Avenue.
Trash enclosures will not be visible from the above listed boundaries. Eventually
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.
4.7Streets. 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 public 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.
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
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012
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 and
approved by Carmel Urban Forestry.
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.
Lighting plan has been submitted and is compliant with all standards.
Section 8Parking.
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 9Signage.
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. A
full signage and wayfinding package will be brought back as an independent ADLS
petition.
Section 10Approval 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
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012
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.
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012
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 11Construction 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.
11100022 DP ADLS – Gramercy PUD Ordinance Compliance Response 8.8.2012