HomeMy WebLinkAboutPacket 02-05-13Hadley Grove
Planned Unit Development
Main Street
Informational Packet for the
Carmel Subdivision Committee
February 5, 2013 meeting
Prepared for
Prepared by
January 25, 2013
SPONSORS:
Councilors __________and __________
ORDINANCE Z- _______ -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, ESTABLISHING
THE HADLEY GROVEPLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS,
Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "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.; and
WHEREAS,
the Plan Commission has given a positive recommendation to this PUD district
ordinance (the "Hadley Grove Ordinance") which establishes Hadley Grove Planned Unit
Development District ("the Hadley Grove District" or "District") with respect to the real estate
legally described inwhat is attached hereto and incorporated hereinby reference as Exhibit 1
(the "Real Estate").
NOW, THEREAFORE, BE IT ORDAINED
by the Council, that (i) pursuant to I.C. §36-7-4-
1500 et seq., it adopts the Hadley Grove Ordinance, as an amendment to the Zone Map, (ii) all
prior ordinances or parts thereof inconsistent with any provision of this Hadley Grove Ordinance
and its exhibits are hereby inapplicable to the use and development of the Real Estate, (iii) all
prior commitments and restrictions applicable to the Real Estate shall be null and void and
replaced and superseded by this Hadley Grove Ordinance, and (iv) this Hadley Grove Ordinance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 Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as Hadley Grove District.The requirements of the
Hadley Grove Ordinance shall run with the land, be binding on the Developer of the Real Estate,
subsequent owners of the Real Estate, and other persons acquiring an interest therein.
Section 1.2 Development in the Hadley GroveDistrict shall be governed entirely by
(i) the provisions of this Hadley Grove Ordinance and its exhibits, and (ii) those provisions of the
Zoning Ordinance specifically referenced in the Hadley Grove Ordinance. In the event of a
conflict or inconsistency between this Hadley Grove Ordinance and the Zoning Ordinance, the
provisions of this Hadley Grove Ordinance shall apply.
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Building Height:The vertical distance from the lot ground level at the foundation to
the highest point of the roof for a flat roof, to the deck line of a mansard roof and to
the meanheight between eavesand ridges for gable, hip and gambrel roofs.
BZA:The City's Board of Zoning Appeals.
City: The City of Carmel, Indiana.
Commission:The Carmel Plan Commission.
Concept Plan/Primary Plat: The Concept Plan/Primary Platattached hereto and
incorporated herein by reference as Exhibit 2which is the primary plat of the Real
Estate.
Controlling Developer: Shall mean M/I Homes of Indiana LP until such time asM/I
Homes of Indiana LP transfers or assigns, in writing, its rights as Controlling
Developer. Such Rights may be transferred by the Controlling Developer, in its sole
discretion, in whole or in part. To transfer all or any portion of its rights as
Controlling Developer, M/I Homes of Indiana LP may (i) nameeach individual
owner of parcels within the Real Estate as Controlling Developersolely with respect
to such parcels owned by each such individual owner, (ii) establish a committee of
individual owners of the Real Estate within the Real Estate to act as a Controlling
Developer with respect to such parcels owned by all such owners, or (iii) use either
method described in (i) and (ii) above with respect to different portions of the Real
Estate.
Council: The City Council of Carmel, Indiana.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions applicable to the Real Estate, or any portion thereof, which shall be
prepared and recorded by the Controlling Developer in the office of the Recorder of
Hamilton County, Indiana, and which may, from time to time, be amended.
Department: The Department of Community Services of the City of Carmel, Indiana.
Development Requirements: Development standards and any requirements specified
in this Hadley Grove Ordinance.
Director: Director, or Administrator, of the Department “Director” and
“Administrator” shall include his/her authorized representatives.
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Dwelling:A detached single family residence.
Front Loaded Garage: A garage where the garage door is parallel both to the primary
front facade of a Dwelling and to the street in front of the primary front facade of the
Dwelling.
Masonry: Brick, stone, manufactured or synthetic stone, and stucco.
Open Space: Open space shall comprise a parcel or parcels of land, areas ofwater,or
a combination of land and water, including flood plain and wetland areas located
within the Real Estate and designed by the Controlling Developer for the use and
enjoyment of some or all of the residents of the Hadley Grove District.Except as
otherwise provided herein, open space does not include any area which is divided into
building lots or streets. Open Space shall be in the areas identified on the Concept
Plan/Primary Plat Exhibit 2.
Owners Association(s):Owners Association(s) established by the Declaration(s) of
Covenants.
Primary Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate:The Real Estate legally described in Exhibit 1, and comprising 30.10
acres, more or less.
Sign: Any type of sign as further defined and regulated by this Hadley Grove
Ordinance and the Sign Ordinance, contained within the Zoning Ordinance.
Zone Map: The City’s official Zone Map Corresponding to the Zoning Ordinance.
Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of Carmel,
HamiltonCounty, Indiana, as amended.
Section 3.Accessory Buildings and Uses.
All Accessory Structures and Accessory Uses
allowed under the Zoning Ordinance shall be permitted in the Hadley GroveDistrict unless
prohibited in the Declaration(s) of Covenants; provided, however, that any detached accessory
building shall have on all sides the same level of architectural features and shall be
architecturally compatible with the principal building(s) with which it is associated. All
Accessory Structures and Accessory Uses shall be subject to the provisions to Chapter 25.01 of
the Zoning Ordinance.
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Section 4.Development and Architectural Standards.
Section 4.1 The Real Estate shall develop in a manner substantially similar to the
layout shown in Exhibit 2 (Concept Plan/Primary Plat).
Section 4.2 The development standards applicable to the Real Estate are as follows:
A.Minimum Lot Width at Building Line:Eighty-five (85) feet.
B.Minimum Lot Area: Eleven Thousand Fifty (11,050) square feet.
C.Minimum Lot Frontage at Street: Fifty (50) feet.
D.Minimum Front Yard Setback: Twenty-five (25) feet.
E.Minimum Side Yard Setback: Five (5) feet.
F.Minimum Aggregate Side Yard Setback: Twenty (20) feet.
G.Minimum Separation Between Dwellings: Twenty (20) feet.
H.Minimum Rear Yard Setback: Twenty (20) feet.
I. Maximum Building Height at the Mean of the Roof: Thirty-five (35) feet.
J.Minimum Square Footage of Home (exclusive of porches, terraces, and garages:
Two thousand two hundred (2,200) square feet.
K. Maximum Lot Coverage: Forty-five percent (45) of lot.
L.Home Orientation:All Dwellings on lots within the Real Estate shall face and
derive access from thepublic streets internal to the site.
M.Arrangement of Elements with the Public Right-of-Way:Inthe ten (10) feet
between the back of the curb and the edge of the right-of-way on local streets
internal to the Project there shall be a five (5) foot wide planter area adjacent to
the curb and a five (5) foot wide sidewalk along the edge of the right-of-way.
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N. Pedestrian Connection to Towne Road: A six (6) foot wide concrete or asphalt
walk shall run between lots 32 and 33 to connect the cul-de-sac with the multi-use
trail along Towne Road.
O.Driveway Locations:The approximate location of driveways on the Lots shall be
in substantial compliance with the locations shown on Exhibit X.
Section 4.3 The architectural standards applicable to all Dwellingsare as follows:
A.Permitted Building Materials: Masonry, Wood, Cementitious Board, Synthenic
Stucco, and EIFS. EIFS shall not be used within eight (8) feet of ground level.
B. Required Window Openings: Two (2) per level, per façade provided, however,
that (i) windows shall not be required on the sides of front loaded garages, and (ii)
a vent may be substituted for a window on a gable. All windows shall be fully
framed and trimmed.
C.Garage Type:Garages may shallbe court-loaded or side-loadedgarages attached
to or detached from the Dwelling. Front loading garages must be recessed at least
four feet (4’) back from the primary front façade of the Dwelling.A maximum of
two garage bays may be front loaded. All other garage bays shall be court loaded
or side loaded. Front loading garages shall not extend more than forty percent
(40%) of the front façade.
D. Chimneys: Chimneys s
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xtend fully to ground provided, however, that chimneys which protrude from
e
inside the Dwelling may also have cementitious board, synthetic stucco, and/or
EIFS as their exterior building material.Direct vent gas fireplaces are not
required to have chimneys, but if they do, they cannot be shed style or
cantilevered chimneys.
E.Porch: At least sixfeet (6’) deepwith consistent materials/design with Dwelling.
Porches are not required on all Dwellings. If no porch is provided, the entryway
shall be covered with a minimum area of sixteen (16) square foot and deep
enough to provide shelter at the front door, as well as provide an appropriate and
adequate level of detail.
F. Roofline: Primary Roof shall have a minimum 6/12 pitch.andThe Primary Roof
shall have a twelve inch (12”) overhang after installation of siding or an eight inch
Page 6of 18
(8”) overhang after installation of brick.In order to permit diversity in
architectural style, this requirement shall apply only to a majority of residences.
G.Fences: Fences shall not be chain-link or coated chain-link.permitted on
individual Lots shall conform with the types shown on Exhibit 7 and specified
below.
(i)Type A Fence shall be a four (4) foot high ornamental iron fence. The final
design and color of the fence shall be selected by the Developer. To
promote cohesiveness the same fence type and color shall be used for all
fences designated Type A.
(ii)Type BFence shall be either (a) the Type A fence, or (b) a six (6) foot high
wood privacy fence. The final design and styleof the wood privacy fence
shall be selected by the Developer.
H.Architectural Diversity: All Dwellings shall comply with the Home Mix
Guidelines in Exhibit 3.
I. Air Conditioning Units: Air conditioning units shall be placed within the wider of
the two side yard setbacks or to the rear of the Dwelling.
J. Street Lighting: All Dwellings shall have a light fixture on the garage-end of the
front elevation to provide lighting of the street. The light fixture shall match the
style of the light fixtures flanking the garage door and equipped with a photo cell
so the light is on from dusk to dawn.
Section 4.4 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Dwellings are contained within Exhibit 4. When a side load
garage is used, tThe area of the front elevation otherwise occupied by the garage door shall be
replaced by siding materials and two windows with design and detailing harmonious with the
other design elements on the front elevation.
Section 5.Open Space.
Open space shall be in the areas identified on the Concept
Plan/Primary Plat Exhibit 2.
Section 5.1 The Open Space Plan conceptually illustrates the District's larger areas of
Open Space. The intent of Open Space is to allow for a balance between natural areas and the
built environment and to provide for the overall beautification of the District.
Page 7of 18
Section 5.2 A minimum of 11acres or 35% of the District shall be allocated toOpen
Space as conceptually illustrated on the Open Space Plan.
Section 5.3 Tree Preservation Areas.The District's Natural Open Space shall include
Tree Preservation Areas. Tree Preservation Areas shall be delineated aspart of a PrimaryPlat
approval and recorded with the Secondary Plat. Tree Preservation Areas shall be regulated and
maintained in accordancewith the following:
A. The following best management practices should be implemented:
(i) Removal of invasive species (e.g. bush honeysuckle) where appropriate.(If
after the application of herbicide treatmentafter the removal of invasive
species to prevent from growing back should occur, then such applications
shall be done under the oversight of a professional.)
(ii) Removal of an overabundance of combustible material (e.g. dead, fallen
trees, and leaves).
(iii) Removal of vines growing on and up a tree when tree growth is affected.
(iv)Completing all maintenance activities following industry standard using the
latest American National Safety InstituteANSI) Z-133.1 and A-300
approved practices and methods.
B. The following types of activities shall be permitted:
(i) Planting of native trees, pursuant to the Indiana Native Tree List provided
by the City's Urban Forester.
(ii) Removal of hazardous, exotic and invasive vegetation, pursuant to the
Indiana Exotic and Invasive Plant List provided by the City's Urban
Forester.
(iii) Removal of trees directed to be removed by municipal, county, state or
federal authority.
(iv) Installation of access easements, right-of-way, street, paths, trails,
sidewalks, utilities and drainage improvements, and minor pedestrian area
improvements (e.g. benches, trash receptacles, creek overlook areas).
Community Amenities may be permitted upon review and approval by
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City's Urban Forester. If appropriate and where feasible, said improvement
areas should be limited toperpendicular crossings across Tree Preservation
Areas and/orexcluded from delineated Tree Preservation Areas.
C. The following types of activities shall not be permitted unless otherwise approved
by the City’sUrbanForester:
(i) Removal of living vegetation other than exotic and invasive vegetation and
hazardous trees except to accomplish items listed inSection 5.3(B)(iv) of
this Ordinance.
(ii) Mowing any portion of the existing, naturally vegetated TreePreservation
Area, except for along trails, points of access or gathering points.
(iii) Dumping of leaves or debris from areas other than the Tree Preservation
Area.
(iv) Seeding; includinggrass seed, prairie mix seed, sod or the planting of any
type of vegetable garden unless otherwise approved by the City' s Urban
Forester.
(v) Activities that adversely impact the health, structure or integrity of a
designated tree preservation area, including but not limited to: active
recreational activities requiring the placement of playground equipment,
paving for basketball or tennis courts and swimming pools.
D. The following requirements shall apply:
(i) Tree preservation areas must beeasily and permanently identifiable as a tree
preservation area through permanent signage posted every five hundred
(500) feetaround the perimeter of alltree preservation areas. The design
and location of such signs shall be coordinated with the City’sUrban
Forester.
(ii) Barriers shall be used to protect tree preservation areas during site
development. Barriers shall be specified on landscape plans and shall be
placed beyond the preserved trees dripline, in accordancewith the tree
preservation details provided by the City’sUrban Forester. Such barriers
shall remain in place during the site’s construction activity.
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(iii) The Urban Forester shall be contacted for any disputed activity within the
tree preservation area. The Urban Forester shall provide resolution to
disputed activity, which may include:
(a) Removal of trees that are host to an aggressive, life threatening
disease or pest that may pose a threat to the vitality of the rest of the
forest.
(b) Mowing and bush- hogging.
(c) Planting of new or replacement trees.
Section 6.Landscaping Requirements.
The landscaping in the Hadley Grove District shall
be specified in Exhibit 5 (the Landscape Plan).
Section 6.1. Landscaping shall be in accordance with the following:
A.General Landscaping (Section 6.2)
B.Street Trees (Section 6.3)
C. Foundation and Lot Plantings (Section 6.6)
Section 6.2. General Landscaping Standards. Landscaping shall be integrated, where
appropriate, with other functional and ornamental site design elements (e.g. hardscapematerials,
entryway monumentation, paths, sidewalks, fencing, or water features).
A. Landscaping should be designed with repetition, structured patterns, and
complementary textures and colors. Alternate or pervious paving materials or
alternative planting media is permitted where planting space is limited orwhere
otherwise warranted by the site design.
B. All plantings to be used in accordance with any landscaping requirement of this
Ordinance shall meet the following specifications:
(i) All trees, shrubs and ground covers shall be planted according to the
American Standard for Nursery Stock (ANSI Z60.1) andfollowing the
standards, including planting details, provided by the City’sUrban Forester.
Landscaping materials shall be appropriateto local growing and climatic
conditions.
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(ii) Shade trees shall be a minimum of two and one half (2.5) inchescaliper at
planting.
(iii) Ornamental trees shall be a minimum of one and one half (1. 5) inches
caliper at planting.
(iv) Evergreen trees shall be a minimum height of six (6) feetat planting.
(v) Shrubs shall be a minimum height of eighteen (18) inches at planting.
(vi) Evergreen trees may be substituted in lieu of shrubs required by the
Ordinance on a 1:3 basis (one tree equals three shrubs).
C. Existing vegetation may be used to achieve required landscaping if:
(i) The vegetation located on the subject parcel is of suitable quality, size and
state of health to achieve required landscaping.
(ii) The vegetation is proposed to be preserved using accepted best management
practices for tree protection during construction. The preservation of
existing vegetation shall constitute an in -kind credit toward meeting the
landscape requirements of this Ordinance. A credit, which value shall be
determined in consultation with the City’sUrban Forester, shall be given per
tree that contributes toand satisfies similarly the intent of a particular
section of this Ordinance.
D. All landscaping approved as part of ³§¤ 3¤¢®£ ±¸ 0« ³ £ ¢®²³±´¢³¨® ¯« ²
shall be installed,weatherpermitting, prior to issuance of a Certificate of
Occupancy by the Department. If it is not possible to install the approved
landscapingbecause of weather conditions, the property owner shall request a
temporary Certificate of Occupancy prior to the issuance of the FinalCertificate
of Occupancy, which shall be conditioned upon a determined time to complete the
installation of the uninstalled landscape material.
E. All landscaping approved as part of may
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not later be substantially altered, eliminated or sacrificed without first obtaining
further Plan Commission approval. However, minor material altercations in
landscaping may be approved by the Director or his designee in order to conform
to specific site conditions.
Page 11of 18
F. It shall be the responsibility of the property owners and their agents to insure
proper maintenance of all trees, shrubs and other landscaping required by this
Ordinance. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, mulching of planting areas, and
keeping the area free of refuse, debris, rank vegetation and weeds.
G. Landscaping shall be prohibited within the Vision Clearance on Corner Lots.
Section 6.3. Street Trees.
A.Shade trees shall be planted parallel to each public street and within the street
right-of-way pursuant to the City’s published street tree planting specifications.
B.Street trees species shall be selected from the City’s published list of
recommended street trees and shall be planted a minimum of twenty-five (25)feet
and a maximum of fifty (50) feeton center.
C. No street tree shall be planted in conflict with drainage or utility easements or
structures, underground detention (unless so designed for that purpose).
However, where the logical location of proposed utilities would compromise the
desired effect, the Developer may solicit the aid of the City’sUrbanForester in
mediating an alternative.
Section 6.4. Perimeter Landscaping Adjacent to Public Right-of-Way.Perimeter
landscaping along the perimeter abutting rights -of -way shall be provided pursuant to this
section. Perimeter landscaping shall not be planted within the public right -of -way. Perimeter
landscaping shall be pursuant to Chapter 26.04 of the Zoning Ordinance. A Type D Bufferyard
shall be provided with a minimum yard width of 20 feet and a three (3) foot high mound a
minimum of 60 percent of the length of the required bufferyard. The bufferyard shall be planted
with a minimum of five (5) shade trees, five (5) ornamental trees, and 27 shrubs per one hundred
linear foot increment. Evergreen trees may substitute in lieu of shrubbery on a 1:3 basis (one (1)
conifer equals three (3) shrubs.) Landscaping within adjacent Common Areas and existing Tree
Preservation Areas may be used toward the bufferyardrequirement as approved by the Urban
Forester. Where a Common Area containing a pond abuts the public right-of-way, the
bufferyard shall be planted with a minimum of three (3) shade trees per one hundred linear foot
increment.
Section 6.5. Perimeter Landscaping Not Adjacent to Public Right-of-Way.The
bufferyard types shall be pursuant to Chapter 26.04 of the Zoning Ordinance. A Type B
Page 12of 18
Bufferyard shall be provided with a minimum yard width of ten (10) feet. The bufferyard shall
be planted with a minimum of three (3) shade trees, three (3) ornamental trees, and 15 shrubs per
one hundred linear foot increment. Evergreen trees may substitute in lieu of shrubbery on a 1:3
basis (one (1) conifer equals three (3) shrubs.) No bufferyard planting will be required inWhere
Common Areas or Lots that abut a common area with a pond on the neighboring property, the
bufferyard shall be planted with a minimum of three (3) shade trees per one hundred linear foot
increment. In Common Areas greater than one and one-half acres in size no bufferyard planting
shall be required if at least 80 percent of said Common Area is planted with wildflowers.
Section 6.6. Foundation and Lot Plantings.
A. Design Intent. Foundation and lot plantings are used to:
(i) Soften the architectural lines of Buildings.
(ii) Frame the primary views to Buildings and public spaces.
(iii) Blend architectural designs with the landscape design.
Landscaping shall be designed to appropriately complement a Building's use, set
back, height, and architectural features. Window boxes for flowers and planters
on front stoops and sidewalks are encouraged in areas where landscaping cannot
be installed at the foundation of a Building due to the Building’s proximity to a
sidewalk, path, street, right-of-way oreasement.
B. Single-Family Dwellings. The following planting requirements apply to all
Single-family Dwellings:
(i) All lots shall be required to plant two (2) trees in the front yard. If there is
not sufficient area for both trees to be placed in the front yard, then one of
the required trees maybe planted in a side yard as approved by Urban
Forester.
(ii) All lots shall have a minimum of seven (7) shrubs and /or ornamental
grasses along the foundation facing a street. Corner lots shall install seven
(7) shrubs per side facing a street.
Section 7.Permitted Uses and Maximum Unit Limitation.
Only Single Family
Dwellings, Model Homes, and residential accessory structures permitted by the Zoning
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Ordinance shall be permitted within the District. The total number of Dwellings shall not exceed
thirty-eight (38).
Section 8.Homeowners Association and Declaration of Covenants.
Declarations of
Covenant(s) shall be prepared by the Controlling Developer and recorded with the Recorder of
Hamilton County, Indiana.
Section 9.Approval Process.
Section 9.1. Approval or Denial of the Primary Plat /Development Plan.
A.Concept Plan/Primary Plat. The Concept Plan/Primary Plathas been reviewed
and approved by the Commission, and constitutes the approved primary plat and,
as such, the Developer shall not be required to return the Commission for primary
plat approval.
B. Secondary Plat Approval. The Director shall have sole and exclusive authority to
approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay
the Director' s approval of a Secondary Plat that is in substantial conformance
with the Concept Plan/Primary Plat and is in conformance with the Development
Requirements of this Hadley Grove Ordinance. If the Director disapproves any
Secondary Plat, the Director shall set forth in writing the basis for the disapproval
and schedule the request for hearing before the Commission.
Section 9.2. Modification of Development Requirements.
A. Changes that shall require amendment of this Hadley Grove Ordinance through
the standard rezone process include changes that alter the concept or intent of the
PUD including:
(i) Increases in density or intensity;
(ii) Changes in the proportion or allocation of land uses;
(iii) Changes in the list of approved uses;
(iv) Changes in the locations of uses; and/or
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(v) Changes in the functional uses of open space, where such change constitutes
an intensification of use of the open space.
B. Modification of the Development Requirements, requested by the Controlling
Developer, may be approved the Plan Commission or committee designated by
the Commission, after a public hearing held in accordance with the Commission's
Rules of Procedure. However, any decision of a hearing examiner or committee
whichdenies any requested modification may be appealed by the partyrequesting
approval to the Commission, alsoin accordance withthe Commission’sRules of
Procedure.
C. Any proposed modification of the Development Requirement shall comply with
the following guidelines:
(i) The modification shall be in harmony with the purpose and intent of this
Hadley Grove Ordinance.
(ii) The modification shall not have an adverse impact on the physical, visual, or
spatial characteristics of the Hadley Grove District.
(iii) The modification shall not have an adverse impact on the streetscape and
neighborhood or abutting properties.
(iv) The modification shall not result in configurations of lots or street systems
which shall be unreasonable or detract materially from appearance of
Hadley GroveDistrict.
(v)The minimum standards regarding lot size, rear yard setbacks, size and
number of bufferyard plantings, and acres of Open Space shall not be
reduced below the requirements of this Hadley Grove Ordinance.
(vi) The permitted uses and maximum number of Dwellings shall not be
increased above the limits specified in this Hadley Grove Ordinance.
D. When applying the Development Requirements, the commissionshall carefully
weigh the specific circumstances surrounding themodification petition and strive
for development solutions that promote the spirit, intent and purposes of this
Hadley Grove Ordinance.
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E.If the Commission (or its designated committee) determines that the proposed
modification will not have an adverse impact on development in Hadley Grove
District or the abutting properties, it shall grant a modification of the
Development Requirements. In granting modifications, the Commissionmay
impose such conditions as will, in its reasonable judgment, secure the objectives
and purposes of the Hadley Grove Ordinance.
Section 10. Controlling Developer’s Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or
approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and
by way of example but not by limitation, none of the following may be obtained without the
approval and consent of the Controlling Developer.
A.Improvement location permits for any improvements within the RealEstate;
B.Sign permits for any signs within the Real Estate;
C.Building permits for any buildings within the Real Estate;
D.Secondary plat approval for any part of the Real Estate; and
E. Any text amendments or other variations to the terms and conditions of this
Hadley Grove Ordinance.
Section 11. Signage. A monument sign as depicted in Exhibit 6will be constructed at
st
the entrance to the District from Main Street (formerly 131Street) as approved by the Director.
Illumination of said signshall be from a source external to such signage and shall meet the
requirements of Article 25.07 of the Zoning Ordinance.
The remainder of this page is left blank intentionally.
Signatures appear on the following page.
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PASSED by the Common Council of City of Carmel, Indianathis _____day of _____________,
2013, by a vote of ____ ayes and ____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding OfficerKevin D. Rider
Richard L. Sharp, President Pro TemporeCarol Schleif
Ronald E. CarterW. Eric Seidensticker
Sue Finkam Luci Snyder
ATTEST:
___________________________________
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this _____day of ____________,
2013, at _________.M.
___________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of _____________,
2013, at ________.M.
___________________________________
James Brainard, Mayor
Page 17of 18
ATTEST:
___________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
This Instrument prepared by: Bryan D. Stumpf, 7378 N 550 E, Lebanon, IN 46052
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security Number in this document, unless required by law. Bryan D. Stumpf
Page 18of 18
Exhibit 1
Legal Description
EXHIBIT 1
LEGAL DESCRIPTION
Page 1 of 1
Exhibit 2
Concept Plan/Primary Plat
HADLEY GROVE
W
WW
EXHIBIT 3
HOME MIX GUIDELINES
These guidelines are set at the sole discretion of M/I Homes and
any time, without notice:
(1) No duplication of the same plan is permitted on sites next to each other in eit
directly across the street.
(2) No duplication of elevation is permitted within two sites on the same side of t
the three sites across the street.
(3) No duplication of colors (brick, siding, and front door in combination) on the
any direction or on the three sites across the street.
Home mix guidelines are established to generally depict a normal
plans, elevations and color schemes. Due to the significant diversity that exists with stylized exter
the variability of floor plan options, porch elevations, differe
reserves the right to modify these guidelines on an individual subjective basis at its sole discretion.
Elevation Elevation Elevation ElevationElevation
1 2 3 4 5 6 7
Plan Plan Plan
Color Color Color Color Color
street
Elevation Elevation Elevation
8 9 10 11 12 13 14
Plan
Color Color Color
Exhibit 5
Landscape Plan
WWW
WW
W
Exhibit 7
Fencing Plan Noting Driveway Locations