HomeMy WebLinkAboutPUD Redline ChangesTABLE OF CONTENTS
Page
1. Applicability of Ordinance- 1
2. Uses Permitted in the Springmill Court PUD District- 2
2.1 Permitted Primary Uses 2
2.2 Permitted Accessory Uses 2
2.3 Accessory Buildings 23
3. Development Requirements of the Springmill Court District- 3
3.1 Height 3
3.2 Building Area 3
3.3 Western Property Line Setback 3
3.4 Northern Property Line Setback 3
3.5 Eastern Property Line Setback 3
3.6 Southern Property Line /96th and Spring Mill Road Round -A -Bout
Setback 3
3.7 Minimum Building Separation 3
3.8 Encroachment by Architectural Features and
AppurtanencesAppurtenances 3
3.9 Signs 4
3.10 Streets.- 4
3.11 Lighting.- 5
3.12 Landscaping.- 5
3.13 Parking.- 68
3.14 Recreational Space.- 79
3.15 Open Space.- 89
3.16 Lot Coverage 10
363.17 Utilities.- 810
4. Architectural Guidelines. - 911
4.1 Design 911
4.2 Materials 911
i
Table of Contents
(continued)
Page
4.3 Sustainable Design and Development 4 -912
5. Approval Process. - 4-012
5.1 Nature of Development Requirements 4-012
5.2 Development P1an/ADLS Requirements 4-012
5.3 Improvement Location Permit 4513
6. Amendment. - 44-13
6.1 Amendment of Ordinance 4413
6.2 Amendment of Development Requirements 4413
7. Miscellaneous - 4413
7.1 General Rules of Construction 4413
7.2 Violations 4414
ii
Sponsor:
ORDINANCE Z- -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, ESTABLISHING THE SPRINGMILL COURT
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.06.04 of the Carmel/Clay Zoning Ordinance Z -289, as amended
(the "Zoning Ordinance "), provides for the establishment of a PUD District in accordance with
the requirements of IC 36 -7 -4 -1500 et. seq. (the "PUD Statute ");
WHEREAS, Sexton Development, LLC, an Indiana limited liability company
( "Sexton "), submitted an application to the Carmel /Clay Plan Commission (the "Plan
Commission ") to adopt a PUD District Ordinance for certain property located in the City of
Carmel, Hamilton County, Indiana, as further described herein;
WHEREAS, Sexton's application is consistent with the provisions of the Zoning
Ordinance and the PUD Statute;
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
the Zoning Ordinance, the Plan Commission conducted a public hearing concerning Sexton's
application for a PUD District Ordinance on , 201 at p.m.;
WHEREAS, the Plan Commission has given a recommendation to the
ordinance set forth herein which establishes the Springmill Court plan unit development district
(the "District ");
NOW, THEREFORE, be it ordained by the common council of the City of Carmel,
Indiana (the "Council "), that pursuant to IC 36 -7 -4 -1500 et. seq., it adopts this ordinance (the
"Springmill Court Ordinance ") as an amendment to the Zoning Ordinance effective upon its
passage and signing by the Mayor of Carmel, Indiana.
L Applicability of Ordinance
The official zoning map, a part of the Zoning Ordinance, is hereby changed to designate
that certain real estate located in the City of Carmel, Hamilton County, Indiana, as further
described on Exhibit A attached hereto and incorporated herein by this reference, as a
plan unit development district known as Springmill Court.
Development in the District shall be governed entirely by (i) the provisions of this
Springmill Court Ordinance and its exhibits, and (ii) those provisions of the Carmel /Clay
Zoning Ordinance specifically referenced in this Gramercy Ordinance. Development in
1
the District shall be exempt from the provisions, standards and requirements in the
subdivision Control Ordinance, including but not limited to provisions regarding
standards of design contained in Chapter 6 of the Carmel Subdivision Control Ordinance
and open space requirements contained in Chapter 7 of the Carmel Subdivision Control
Ordinance. In the event of a discrepancy and /or conflict between the Springmill Court
Ordinance and the (i) Carmel/Clay Zoning Ordinance, (ii) the Sign Ordinance, or (iii)
Subdivision Control Ordinance, the provisions of this Gramercy Ordinance shall apply.
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 Gramercy
Ordinance
2. Uses Permitted in the Springmill Court PUD District.
2.1 Permitted Primary Uses. No building or land use shall be used and no
building shall be erected, reconstructed or structurally altered within the District which is
arranged, intended or designed to be used for any purpose other than (i) a use which is
listed in this Section 2.,1 or an Accessory Use listed in Section 2.2. The following uses
shall be permitted in the District:
(a) Multiple - Family Dwelling not to exceed twenty (2221)
Dwelling Units per acre.
b The maximum number of Dwelling Units within the Distract shall
not exceed three hundred ten (310) units.
2.2 Permitted Accessory Uses. The following Accessory Uses shall be
permitted in the District:
(a) Leasing and management offices;
(b) Fitness facility;
(c) Garages;
(d) Storage facilities located only in buildings used primarily for
Multiple - Family Dwellings and used only by residents of the District;
Clubhouse and recreational space for residents of the District;
Conference center or meeting facilities; and
Computer center or facilities.
2
2.3 Accessory Buildings. Accessory Buildings customary and incidental to
the uses allowed in Section 2.1, including but not limited to buildings that contain the
Accessory Uses permitted in Section 2.2, are permitted in the District. Trash dumpsters,
trash com . actors and rec clin: bins shall be • ermitted accessar im . rovements and shall
be screened from view on four sides using materials and colors similar to that used on the
�rimar residential buildings. The height of the screenin walls shall be not less than one
foot above the hei
ht of the dum
ster com . actor or bin.
3. Development Requirements of the Springmill Court District.
3.1 Height. The maximum Height of any structure located in the District shall
not be greater than five (5) stories and sixty fivesixty (6560) feet. Height shall mean the
vertical distance from ground level to the highest point of the structure.
3.2 Building Area. The maximum Building Area for the entire District shall
not exceed fifty percent (50 %) of the gross square footage of real estate contained in the
District. Building Area shall mean the maximum horizontal projected area of the
principal and accessory buildings, excluding open steps or terraces, unenclosed porches
not exceeding one story in height, and architectural appurtanencesappurtenances.
3.3 Western Property Line Setback. There shall be a minimum building
setback of seventy -five (75) feet from the western boundary or property line of the
District. For purposes of this Springmill Court Ordinance, Setback shall mean the
shortest distance between a structure or building and the street right -of -way or boundary
of the District.
3.4 Northern Property Line Setback. There shall be a minimum building
setback of fifty (50) feet from the northern boundary or property line of the District.
3.5 Eastern Property Line Setback. There shall be a minimum building
setback of ten (10) feet from the eastern boundary or property line of the District.
3.6 Southern Property Line /96th and Spring Mill Road Round -A -Bout
Setback. There shall be a minimum building setback of ten (50) feet from the portion of
the southern boundary or property line of the District along 96th Street; provided,
however, that the setback from the right -of -way for the round -a -bout at 96th Street and
Spring Mill Road shall have a minimum building setback of ten (10) feet.
3.7 Minimum Building Separation. No portion of any building shall be
located closer than ten (10) feet to another building, excluding porches, patios, decks and
architectural appurtanencesappurtenances.
3.8 Encroachment by Architectural Features and
AppurtanencesAppurtenances. Architectural features and appurtanencesappurtenances
3
may encroach into the setbacks required in Sections 3.3, 3.4, 3.5 and 3.6 up to a
maximum of three (3) feet.
3.9 Signs. . • . - - . .•, • -The signs in the District
shall comply with the requirements of Section 25.07.02 -02 of the Zoning Ordinance (the
"Sign Ordinance Requirements "). In addition to the signs permitted by the Sign
along the 96th Street frontage and along of the Spring Mill Road frontage of the
sign will be limited to a total sign copy area of twenty (20) square feet. Such sign
will be used only when a unit is available. Its design shall be consistent with the
design style for the Multiple Family Dwellings located in the District.
(b) Traffic Control and Street Name Signs. Traffic control and street
name signs shall be permitted.
3.10 Streets.
strobe, or moving components.
(iii) Signs which are not permanently affixed, except as provided
• • -
(v) Statuary or statutes used for commercial advertising purposes.
(a) All streets within the District, unless specifically dedicated to the
City of Carmel in writing, and accepted by the City of Carmel, shall be private.
(b) All streets shall be curbed, except as provided in Section 3.10(c)
below, and the street right -of -way shall be measured from the outside edges of the
curbs, at a ninety (90) degree angle to each curb. The minimum width for a street
right -of -way shall be twenty -four (24) feet for a two way street and sixteen (16)
feet for one way streets. Street pavements shall have a minimum thickness of
eight inches (8 ") of full depth asphalt (7" base and 1" of surface), or six inches
4
(6 ") of concrete, or nine inches (9 ") of compacted stone, three inches (3 ") HAC
binder and one (1 ") HAC Surface. The Final Development Plan shall include
specifications, plans, profiles and cross - sections of the streets, prepared by a
Professional Engineer or Registered Land Surveyor.
(c) Street design in the District may deviate from the requirements of
Section 3.10(b) for purposes of sustainable design as encouraged by Leadership in
Energy and Environmental Design ( "LEED ") policies; provided, however, that
any change in design shall be approved by the City Engineer.
(d) Cul -de -sac or dead end streets shall not exceed 600 feet in length.
(e) The center line of streets should intersect at not less than a sixty
(60) degree angle; provided, however, that round - abouts shall be encouraged.
(f) Maximum grades for streets shall not exceed eight percent (8 %).
Minimum grades for streets shall be one half percent (0.50 %).
(g) Curvature measured along the center line of a street shall have a
minimum radius of one hundred twenty (120) feet.
(h) The street and alley layout in the District shall provide access to all
portions of the District on which improvements are to be constructed.
(i) Other than along the access drives into the District from Spring
Mill Road and 96th Street, angled and parallel parking along streets in the District
shall be permitted.
The required half ri_ht -of -wa for the serimeter •ublic roads shall
be (i) fifty (50) feet for 96th Street and (ii) forty (40) feet for Springmill Road, as
required by the Thoroughfare Plan Map.
A sidewalk shall be installed on both sides of the main north -south
road within the District and the entrance road from Springmill Road.
�
l ADA compliant handicap rams and crosswalks shall be installed as
all crossings.
3.11 Lighting.
(a) The location and standard specifications for street lamps and
lighting within the District shall be included in the Final Development Plan. LED
lighting shall be permitted and lighting types and locations that are consistent with
LEED requirements are encouraged.
(b) The maximum height for a light standard or street lamp shall be
twenty (20) feet.
(c) All light standards in the District shall be of a uniform design and
material. Lighting shall not exceed 0.5 footcandles along 96th Street and Spring
Mill Road and 0.3 footcandle along all other boundaries of the District.
(d) A photometric diagram shall be submitted with the Final
Development Plan.
3.12 Landscaping.
W General Landsca . in • . Landsca , in • shall be inte rated where
appropriate, with other functional and ornamental site design elements (e.g.
hardscape materials, entryway documentation, paths, sidewalks, natural areas,
fencin: or water features . Landsca . in • shall substantiall com . 1 with the
following general standards:
Landsca , in • should be desi
ned with re . etition structured
patterns and complementary textures and colors. Alternate
or ervious avin materials or alternative lantin media
is • ermitted where
lantin
s . ace is limited or where
otherwise warranted by site design.
ii All • lantin
s shall meet the followin: s . ecifications:
(A) Planting shall occur according to the American
Standard for Nursery Stock (ANSI Z60.1) and following
the standards, including planting details, provided by the
City's Urban Forester. Landscaping materials shall be
appropriate to local growing and climatic conditions.
a) Shade trees shall be a minimum of two and one half
(2.5) inches caliper at planting.
nC Ornamental trees shall be a minimum height of one
and one half (1.5) inches caliper at planting.
Evergreen trees shall be a minimum of six (6) feet
at planting.
(E) Shrubs shall be a minimum height of eighteen (18)
inches at planting.
f Evergreen trees may be substituted in lieu of shrubs
required by this PUD Ordinance on a 1:3 basis (one tree
equals three shrubs).
iii Existin ve
etation ma be used to achieve re s uired
landscaping if (i) it is of suitable quality, size and state of
health to achieve required landscaping, and (ii) the method
of preservation utilizes best management practices for tree
protection during construction. An •reservation of
existing vegetation shall constitute an in -kind credit against
the landscaping requirements of this PUD Ordinance.
iv All landscaping approved as part of an ADLS plan shall be
installed weather , ermittin ' • rior to issuance of a
Certificate of Occu . anc
If it is not •ossible to install the
approved landscaping because of weather conditions,
temporary Certificate of Occupancy, which shall be
conditioned u . on a s . ecified time to com . lete the
installation of all uninstalled landscape material, may be
requested.
All landscaping approved as part of an ADLS plan shall not
be substantially altered, eliminated or sacrificed without
first obtaining further Plan Commission approval.
However, minor material alterations in landscaping may be
approved by the Director or his or her designee in order to
conform to specific site conditions.
vi All landscaping shall be properly maintained, which shall
include the re.lacement of dead •lantin_s with identical
varieties or suitable substitute, mulching of planting areas,
and kee . in the landsca . ed areas free of refuse debris
rank vegetation and weeds.
Street Trees. Shade trees shall be planted parallel to each public
street and if •ossible within the street ri_ht -of -wa •ursuant to the Cit of
Carmel's
ublished street tree
lantin
s . ecifications. Street tree s . ecies shall be
selected from the published list of recommended street trees and shall be planted a
minimum of thirty (30) fee and a maximum of fifty (50) feet on center. In areas
of high pedestrian activity, tree wells shall be covered with decorative grates or
avers in order to maximize uninterru • ted • edestrian . athwa s. Notwithstandin
an thin
herein to the contra
no street tree shall be
lanted in conflict with
drainage or utility easements or structures, underground detention (unless so
desi .ned for that •u •ose or other rules re:ulations or ordinances of the Cit of
Carmel.
(a)-Perimeter Bufferyard.
(i)
A perimeter bufferyard that complies with the requirements
for a "D" bufferyard under Section 26.04 of the Zoning
Ordinance shall be installed along the western, northern
and southern boundaries of the District.
(ii) A perimeter bufferyard that complies with the requirements
for a "C" bufferyard under Section 26.04 of the Zoning
Ordinance shall be installed along the eastern boundary of
the District along Spring Mill Road and the round -about at
96th Street and Spring Mill Road.
(4d Foundation Plantings. Foundation •lantin:s are used to soften the
architectural lines of buildin
s frame the
rimar
views of the buildin
ublic s . aces within the District and blend architectural desi
s and
ns with the
landscape design. Landscaping shall be designed to appropriately complement
each building's use, setback, height and architectural features.
e Parking Lot Plantings. Parking areas shall include not less than
one (1) shade tree and five (5) shrubs per every fifteen spaces.
in (b) Landscape Plan. A full landscape plan shall be submitted with
a Final Development Plan. Such landscape plan shall include, at a minimum, the
following:
(i)
Location and spacing of existing and proposed plant
material.
(ii) Types of plant material identified by botanical and common
names.
(iii) Size of material, in diameter and height, at installation and
maturity.
(iv) Quantity of each of the planting materials to be installed.
(v) Methods of protecting landscaped areas.
(g) (c) Plant Removal. All stumps and other tree parts shall be
removed from the District and disposed of in accordance with applicable law.
(h (d) Screening of Certain Features.
(i)
The mechanical equipment for buildings shall be screened
from public view using an opaque architectural or
vegetative screen.
(ii) All dumpsters, and trash and recycling containers shall be
screened from public view using an opaque architectural or
vegetative screen.
3.13 Parking.
(a) In computing the required number of off - street parking spaces, the
following rules shall apply:
(i)
When fractional spaces result, the parking spaces required
shall be the nearest whole number.
(ii) Parallel or angled parking spaces on or along the streets in
the District shall be included as off - street parking spaces
when determining if the required number of off - street
parking spaces has been satisfied.
(iii) Parking spaces shall not be located in the bufferyards
required in section 3.12 of this Springmill Court Ordinance.
(iv) Spaces located at grade and under a Multiple - Family
Building shall be included as off - street parking spaces
when determining if the required number of off - street
parking spaces has been satisfied.
(b) All parking lots shall be paved with a dustless, hard surface;
provided, however, that sustainable or green design shall be encouraged, which
can include pervious pavement and the use of natural stormwater absorption or
rain gardens. All parking lots shall be designed to provide adequate storm water
drainage. All parking lots shall be lighted for security.
(c) Parking lots shall have curbed landscaped areas consisting of trees and
shrubs. The total number of trees shall not be less than 1 tree for every ten (10)
parking spaces.
(c) (d)-All parking spaces shall be a minimum of 152 square feet, and
be at least eight (8) feet wide.
O (e)-The number of off - street parking spaces that shall be provided
and maintained shall be equal to or greater than 1.751.85 parking spaces per
Dwelling Unit.
3.14 Recreational Space.
(a) "Recreational Space" shall include those areas in the District
whose primary function is to provide an area to conduct recreational activities,
including, but not limited to, walking or biking paths, swimming or lap pools,
volleyball courts, tennis courts and clubhouse or health club facility. Recreational
Space may be distributed throughout the District. All Recreational Space
designated for recreational purposes shall be shown on the Preliminary
Development Plan and the Final Development Plan. Recreational Space shall
qualify as Open Space (as defined below).
(b) Sidewalks shall be placed throughout the District as shown on the
Site Plan, and connect all areas within the District. Sidewalks shall be a minimum
of fourfive feet (45') wide.
(c) A Path shall be provided that extends from 96th Street north along
the western boundary of the District, east along thenthe northern boundary of the
District and then south along the westeneastern boundary of the District, as
shown on the Site Plan. Paths shall be a minimum of eight feet (8') wide. Paths
within the rights -of -way of 96th Street and Springmill Road shall be a minimum of
ten feet (10') wide.
Bike racks or parking shall be placed a various locations
throughout the District in com . liance with Cha . ter 27.06 of the Zonin:
Ordinance
3.15 Open Space.
(a) "Open Space" shall mean all sideyards, bufferyards, Recreational
Space, including paths, landscaped or green areas and detention or retention
ponds.
(b) Open Space may be distributed throughout the development. All
Open Space shall be shown on the Preliminary Development Plan and the Final
Development Plan.
(c) Areas shown or designated as Open Space on the Final
Development Plan shall be maintained as on Open Space. All trees located in
Open Spaces, to the extent reasonably possible and consistent with the specific
use of the Open Space, shall be preserved and maintained.
(d) FiftyNot less than fifty percent (50 %) of the District shall comprise
Open Space.
&) The District's landsca ed and reen O. en S, ace shall be
maintained using best management practices, including the following:
10
3.16
Removal of invasive s . ecies where a
III III
ro . riate.
ii Removal of an overabundance of combustible material
(e.g.' dead, fallen trees and leaves).
iii Removal of vines
growth is affected.
rowin . on and u . a tree when tree
iv Completing all maintenance activities following industry
standards using the latest American National Safety
Institute ANSI Z -133 and A -300 as .roved •ractices and
methods. Removal of hazardous, exotic and invasive
vegetation, pursuant to the Indiana Exotic and invasive
Plan List shall be permitted.
Lot Coverage. The maximum lot coverage in the District shall not exceed
sixt sercent 60% . For •u loses of this PUD "lot coverage" shall mean the •ortion of
the district covered with a building or pavement.
3.17 3.16 Utilities.
(a) Storm Water. All impervious surfaces shall be designed to provide
for adequate storm water run -off, including necessary retention and /or detention
areas. The District shall include an adequate storm water sewer system in
accordance with the current standards of the City of Carmel. All necessary
easements for the storm water system shall be provided. Detailed plans for the
entire storm water system shall be included in the Final Development Plan.
Sustainable design of storm water facilities shall be encouraged that are consistent
with LEED policies.
(b) Sanitary Sewer. The District shall include an adequate sanitary
sewer system. The sanitary sewer system shall connect with a public utility
system with adequate capacity to serve the District. Plans for the sanitary sewer
system shall be included in the Final Development Plan. Upon completion of the
installation of the sanitary sewer system, two sets of plans for such system as built
shall be filed with the City of Carmel Building Commissioner.
(c) Potable Water. The District shall include a watermain supply
system, which shall be connected to a municipal or community water supply
approved by the Indiana State Board of Health. Plans for the installation of a
watermain supply system shall be submitted with the Final Development Plan,
and these plans and systems shall be built in accordance with the current
standards of the City of Carmel or the standards and specifications of the
appropriate public or private utility service. Upon completion of the water supply
11
installation, two sets of plans for such system as built shall be filed with the City
of Carmel Building Commissioner.
(d) Fire Hydrants. Fire hydrants shall be provided in the District
according to current standards of the City of Carmel, or the standards and
specifications of the appropriate public or private water utility. The location of all
fire hydrants and the standard specifications for such fire hydrants shall be
submitted with the Final Development Plan.
(e) Street Signs. All private streets in the District shall be named, and
standard street name signs at the intersection of all streets shall be provided, in
accordance with the current standards of the City of Carmel.
(f) Electric Service. The District shall include an adequate system for
the distribution of electric service for buildings and uses located in the District.
Such electric service system shall be built according to the requirements of the
applicable electric utility providing service to the District.
4. Architectural Guidelines.
4.1 Design. The design and development of the District shall be consistent
with the architectural style shown on the conceptual elevations attached hereto as Exhibit
B. Final architectural details shall be provided and approved in accordance with the
DP /ADLS approval process.
4.2 Materials. ExeteriorExterior materials shall be durable and of high
quality, such as brick, stone, pre -cast concrete, and high - quality siding (wood or fiber -
cement). Non - durable materials such as thin layer synthetic stucco products shall not be
used within eight (8) feet of the ground. The first floor and upper floors may be
composed of different materials. The materials in the rear of the building must be
coordinated with the front facade, although they may be different. Front and side facades
of buildings located on corner lots shall be of the same materials and similarly detailed.
Appropriate materials for the following building elements are as follows:
(a) Windows: wood, vinyl clad wood, anodized aluminum, aluminum -
clad wood.
(b) Doors: wood, anodized aluminum.
(c) Trim: wood, synthetics.
(d) Visible roofing: standing seam metal, zinc, architectural asphalt
shingles, slate and high - quality synthetic slate, tile, and wood shake (for smaller
residential buildings).
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(e) Exterior walks, steps, stoops and paving shall be masonry or stone
pavers, or poured or pre -cast concrete.
(a) Exterior stair handrails and other stair details shall be stone, pre-
cast concrete, wrought -iron style, wood, simulated wood products, or another
decorative material.
4.3 Sustainable Design and Development. All design and architectural
elements should, to the extent reasonably possible, include sustainable and green design
and construction components that are consistent with LEED policies; provided, however,
that nothing in this Section 4.3 or elsewhere in this Springmill Court Ordinance shall be
construed as requiring that any structure be built to a specific LEED standard. Best
Management Practices shall be used for stormwater and native landscaping and tree
preservation shall be utilized to the extent reasonablypossible.
5. Approval Process.
5.1 Nature of Development Requirements. The development requirements set
forth in this Springmill Court Ordinance are expressed in detailed terms as provided in IC
36- 7- 4- 1509(a)(2). An improvement location permit shall not be issued for any
construction in the District until the owner or petitioner shall have complied with all other
requirements of this Section 5 of the Springmill Court Ordinance.
5.2 Development Plan/ADLS Requirements. Exhibit C, which is attached
hereto and incorporated herein by reference (the "Site Plan "), is the conceptual site plan
for the District. The Site Plan, however, does not constitute the approved Development
Plan for the District, nor does it constitute the ADLS approval for the District and the
improvements thereon, considered in connection with the Springmill Court Ordinance.
The development of any Section of the District shall require (i) Architectural Design,
Exterior Lighting, Landscaping and Signage Regulations ( "ADLS ") approval pursuant to
Chapter 24 of the Zoning Ordinance, and (ii) development plan approval pursuant to
Chapter 24 of the Carmel Zoning Ordinance ( "Development Plan "). ADLS approval and
the Development Plan shall comply with the provisions of this Springmill Court
Ordinance, including the Site Plan. 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. 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 the District.
5.3 Improvement Location Permit. Upon approval of the Development Plan
and ADLS, the owner of the portion of the District to which such Development Plan and
ADLS Approval applies, may file an application for improvement location permits. The
requirements for such application, its review and all other matters regarding the issuance
13
of the improvement location permit shall be governed by Section 29 of the Zoning
Ordinance, as amended.
6. Amendment.
6.1 Amendment of Ordinance Except as provided in Section 6.2 below, this
Springmill Court Ordinance may only be amended with the approval of the Council after
a public hearing by the Plan Commission in accordance with the requirements for a
rezoning under applicable law and the Rules of Procedure for the Plan Commission.
6.2 Amendment of Development Requirements. Notwithstanding Section 6.1
above, the owner of real estate in the District may file an application with the Director to
amend the development requirements of this Springmill Court Ordinance contained in
Section 3 above. The application shall be considered and may be granted by a hearing
examiner or committee designated by the Plan Commission, after a public hearing held in
accordance with the Plan Commission's Rules of Procedure, as amended. Any decision
of a hearing examiner or committee which approves or denies any requested modification
may be appealed by the Director or any interested party to the Plan Commission, also in
accordance with the Plan Commission's Rules of Procedure. The Plan Commission may
rant of waiver of a Develo . ment Standard that does not exceed ten 10% of the stated
development requirement during the Development Plan process. Any proposed change
greater than ten percent (10 %) shall require a text amendment to this PUD Ordinance.
7. Miscellaneous.
7.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this Springmill Court
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 preferred requirement.
7.2 Violations. All violations of this Springmill Court Ordinance shall be
subject to Section 34.0 of the Zoning Ordinance, as amended.
ADOPTED by the Common Council of the City of Carmel, Indiana this day of
2012, by a vote of ayes and nays.
14
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
Sue Finkam W. Eric Seidensticker
Ronald E. Carter Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2012, at .M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2012, at .M.
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Prepared by: Timothy E. Ochs, Esq.
Ice Miller, LLP
15
James Brainard, Mayor
Summary Report:
Litera® Change -Pro 7.0.0.343 Document Comparison done on 1/7/2013
12:33:40 PM
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