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HomeMy WebLinkAboutPUD, Council version 2.1 Redline 2013-04-03Page 1 of 18 Version 2.1- Section 4.2.P text added SPONSOR: Councilor Rider 1 2 ORDINANCE Z-572-13 3 AS AMENDED 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE 5 CITY OF CARMEL, INDIANA, ESTABLISHING 6 THE HADLEY GROVE PLANNED UNIT DEVELOPMENT DISTRICT 7 8 WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Zoning 9 Ordinance"), provides for the establishment of a Planned Unit Development District in 10 accordance with the requirements of I.C. §36-7-4-1500 et seq.; and 11 12 WHEREAS, the Plan Commission has given a positive recommendation to this PUD district 13 ordinance (the "Hadley Grove Ordinance") which establishes Hadley Grove Planned Unit 14 Development District ("the Hadley Grove District" or "District") with respect to the real estate 15 legally described in what is attached hereto and incorporated herein by reference as Exhibit 1 16 (the "Real Estate"). 17 18 NOW, THEREAFORE, BE IT ORDAINED by the Council, that (i) pursuant to I.C. §36-7-4-19 1500 et seq., it adopts the Hadley Grove Ordinance, as an amendment to the Zone Map. 20 21 Section 1. Applicability of Ordinance. 22 23 Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned 24 Unit Development District to be known as Hadley Grove District. The requirements of the 25 Hadley Grove Ordinance shall run with the land, be binding on the Developer of the Real Estate, 26 subsequent owners of the Real Estate, and other persons acquiring an interest therein. 27 28 Section 1.2 Development in the Hadley Grove District shall be governed entirely by 29 (i) the provisions of this Hadley Grove Ordinance and its exhibits, and (ii) those provisions of the 30 Zoning Ordinance specifically referenced in the Hadley Grove Ordinance. In the event of a 31 conflict or inconsistency between this Hadley Grove Ordinance and the Zoning Ordinance, the 32 provisions of this Hadley Grove Ordinance shall apply. Anything not specifically addressed in 33 the Hadley Grove Ordinance shall be governed by existing City of Carmel ordinances. 34 35 Section 1.3 Any capitalized term not defined in Section 2 of this Hadley Grove PUD 36 shall have the meaning as set forth in the Zoning Ordinance. 37 38 Section 1.4 All violations of this Hadley Grove Ordinance shall be subject to Section 39 34.0 of the Zoning Ordinance. 40 Page 2 of 18 Version 2.1- Section 4.2.P text added 41 Section 1.5 Dedication of Public Rights-of-Way shall conform to the requirements of 42 the Transportation Plan Section of the Comprehensive Plan except along the north side of Main 43 Street where a 50 foot half right-of-way shall be dedicated with a 60 foot half right-of-way 44 dedicated from center line of Towne Road to a point 515 feet west of the center line of Towne 45 Road. 46 47 Section 2. Definitions and Rules of Construction. 48 49 Section 2.1 General Rules of Construction. The following general rules of 50 construction and definitions shall apply to the regulations of this Hadley Grove 51 Ordinance: 52 53 A. The singular number includes the plural and the plural the singular, unless the 54 context clearly indicates the contrary. 55 56 B. Words used in the present tense include the past and future tenses, and the future 57 the present. 58 59 C. The word "shall" is a mandatory requirement. The word "may" is a permissive 60 requirement. 61 62 Section 2.2 Definitions. The following definition shall apply throughout this Hadley 63 Grove Ordinance: 64 65 Accessory Structure: A structure which is subordinate to a Dwelling or use located 66 on the Real Estate and which is not used for permanent human occupancy. 67 68 Accessory Use: A use subordinate to the main use, located on the real estate or in the 69 same Dwelling as the main use, and incidental to the main use. 70 71 Aggregate Side Yard: The sum of the widths of the two (2) side yards located on one 72 (1) lot. 73 74 Building Height: The vertical distance from the lot ground level at the foundation to 75 the highest point of the roof for a flat roof, to the deck line of a mansard roof and to 76 the mean height between eaves and ridges for gable, hip and gambrel roofs. 77 78 BZA: The City's Board of Zoning Appeals. 79 80 Page 3 of 18 Version 2.1- Section 4.2.P text added City: The City of Carmel, Indiana. 81 82 Commission: The Carmel Plan Commission. 83 84 Concept Plan/Primary Plat: The Concept Plan/Primary Plat attached hereto and 85 incorporated herein by reference as Exhibit 2 which is the primary plat of the Real 86 Estate. 87 88 Controlling Developer: Shall mean M/I Homes of Indiana LP until such time as M/I 89 Homes of Indiana LP transfers or assigns, in writing, its rights as Controlling 90 Developer. 91 92 Council: The City Council of Carmel, Indiana. 93 94 Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and 95 Restrictions applicable to the Real Estate, or any portion thereof, which shall be 96 prepared and recorded by the Controlling Developer in the office of the Recorder of 97 Hamilton County, Indiana, and which may, from time to time, be amended. 98 99 Department: The Department of Community Services of the City of Carmel, Indiana. 100 101 Development Requirements: Development standards and any requirements specified 102 in this Hadley Grove Ordinance. 103 104 Director: Director, or Administrator, of the Department “Director” and 105 “Administrator” shall include his/her authorized representatives. 106 107 Dwelling: A detached single family residence. 108 109 Masonry: Brick, stone, manufactured or synthetic stone, and stucco. 110 111 Open Space: Open space shall comprise a parcel or parcels of land, areas of water, or 112 a combination of land and water, including flood plain and wetland areas located 113 within the Real Estate and designed by the Controlling Developer for the use and 114 enjoyment of some or all of the residents of the Hadley Grove District. Except as 115 otherwise provided herein, open space does not include any area which is divided into 116 building lots or streets. Open Space shall be in the areas identified on the Concept 117 Plan/Primary Plat Exhibit 2. 118 119 Page 4 of 18 Version 2.1- Section 4.2.P text added Owners Association(s): Owners Association(s) established by the Declaration(s) of 120 Covenants. 121 122 Primary Roof: The roof on a Dwelling which has the longest ridge line. 123 124 Real Estate: The Real Estate legally described in Exhibit 1, and comprising 30.10 125 acres, more or less. 126 127 Sign: Any type of sign as further defined and regulated by this Hadley Grove 128 Ordinance and the Sign Ordinance, contained within the Zoning Ordinance. 129 130 Zone Map: The City’s official Zone Map Corresponding to the Zoning Ordinance. 131 132 Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of Carmel, 133 Hamilton County, Indiana, as amended. 134 135 Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses 136 allowed in the S-1 Residence District under the Zoning Ordinance shall be permitted in the 137 Hadley Grove District unless prohibited in the Declaration(s) of Covenants; provided, 138 however, that any detached accessory building shall have on all sides the same level of 139 architectural features and shall be architecturally compatible with the principal building(s) with 140 which it is associated. All Accessory Structures and Accessory Uses shall be subject to the 141 provisions to Chapter 25.01 of the Zoning Ordinance. 142 143 Section 4. Development and Architectural Standards. 144 145 Section 4.1 The Real Estate shall develop in a manner substantially similar to the 146 layout shown in Exhibit 2 (Concept Plan/Primary Plat). 147 148 Section 4.2 The development standards applicable to the Real Estate are as follows: 149 150 A. Minimum Lot Width at Building Line: Eighty-five (85) feet. 151 152 B. Minimum Lot Area: Eleven Thousand Fifty (11,050) square feet. 153 154 C. Minimum Lot Frontage at Street: Fifty (50) feet. 155 156 D. Minimum Front Yard Setback: Twenty-five (25) feet. 157 158 E. Minimum Side Yard Setback: Five (5) feet. 159 Page 5 of 18 Version 2.1- Section 4.2.P text added 160 F. Minimum Aggregate Side Yard Setback: Twenty (20) feet. 161 162 G. Minimum Separation Between Dwellings: Twenty (20) feet. 163 164 H. Minimum Rear Yard Setback: Twenty (20) feet. 165 166 I. Maximum Building Height at the Mean of the Roof: Thirty-five (35) feet. 167 168 J. Minimum Square Footage of Home (exclusive of porches, terraces, and garages: 169 Two thousand two hundred (2,200) square feet. 170 171 K. Maximum Lot Coverage: Forty-five percent (45) of lot. 172 173 L. Home Orientation: All Dwellings on lots within the Real Estate shall face and 174 derive access from the public streets internal to the site. 175 176 M. Arrangement of Elements with the Public Right-of-Way: In the ten (10) feet 177 between the back of the curb and the edge of the right-of-way on local streets 178 internal to the Project there shall be a five (5) foot wide planter area adjacent to 179 the curb and a five (5) foot wide sidewalk along the edge of the right-of-way. 180 181 N. Pedestrian Connection to Towne Road: A six (6) foot wide concrete or asphalt 182 walk shall run between lots 32 and 33 to connect the cul-de-sac with the multi-use 183 trail along Towne Road, as shown in Exhibit 2. 184 185 O. Driveway Locations: The approximate location of driveways on the Lots shall be 186 in substantial compliance with the locations shown on Exhibit 7. 187 188 P. Sidewalks with Common Area B: As shown on the Primary Plat (Exhibit 189 2), sidewalks shall not be required within the right-of-way abutting Common Area 190 B in order to maximize the protection of existing trees and minimize the impact 191 on wetlands within the common area. 192 193 Section 4.3 The architectural standards applicable to all Dwellings are as follows: 194 195 A. Permitted Building Materials: Masonry, Wood, Cementitious Board, Synthetic 196 Stucco, and EIFS. EIFS shall not be used within eight (8) feet of ground level. 197 198 Page 6 of 18 Version 2.1- Section 4.2.P text added B. Required Window Openings: Two (2) per level, per façade provided, however, 199 that a vent may be substituted for a window on an uninhabitable gable. All 200 windows shall be fully framed and trimmed. 201 202 C. Garage Type: Garages shall be court-loaded or side-loaded garages attached to the 203 Dwelling. 204 205 D. Chimneys: Chimneys shall be stone, brick, or synthetic stone/brick, only and 206 extend fully to ground provided, however, that chimneys which protrude from 207 inside the Dwelling may also have cementitious board, synthetic stucco, and/or 208 EIFS as their exterior building material. Direct vent gas fireplaces are not 209 required to have chimneys, but if they do, they cannot be shed style or 210 cantilevered chimneys with the exception that the Cheswicke plan with bonus 211 room is allowed to have a shed style chimney. 212 213 E. Porch: At least six feet (6’) deep with consistent materials/design with Dwelling. 214 Porches are not required on all Dwellings. If no porch is provided, the entryway 215 shall be covered with a minimum area of sixteen (16) square foot and deep 216 enough to provide shelter at the front door, as well as provide an appropriate and 217 adequate level of detail. 218 219 F. Roofline: Primary Roof shall have a minimum 6/12 pitch. The Primary Roof 220 shall have a twelve inch (12”) overhang after installation of siding or an eight inch 221 (8”) overhang after installation of brick. 222 223 G. Fences: Fences permitted on individual Lots shall conform with the types shown 224 on Exhibit 7 and specified below. 225 (i) Type A Fence shall be a four (4) foot high ornamental iron fence. The final 226 design and color of the fence shall be selected by the Developer. To 227 promote cohesiveness the same fence type and color shall be used for all 228 fences designated Type A. 229 230 (ii) Type B Fence shall be either (a) the Type A fence, or (b) a six (6) foot high 231 wood privacy fence. One final design and style of the wood privacy fence 232 shall be selected by the Developer. Lots 31, 32, and 33 shall use the same 233 fence type and color along Towne Road. 234 235 H. Architectural Diversity: All Dwellings shall comply with the Home Mix 236 Guidelines in Exhibit 3. 237 238 Page 7 of 18 Version 2.1- Section 4.2.P text added I. Air Conditioning Units: Air conditioning units shall be placed within the wider of 239 the two side yard setbacks or to the rear of the Dwelling. 240 241 J. Street Lighting: All Dwellings shall have a light fixture on the garage-end of the 242 front elevation to provide lighting of the street. The light fixture shall match the 243 style of the light fixtures flanking the garage door and equipped with a photo cell 244 so the light is on from dusk to dawn. 245 246 Section 4.4 The applicable character illustrations, indicating conceptually the intended 247 architecture and appearance of Dwellings are contained within Exhibit 4. The area of the front 248 elevation otherwise occupied by the garage door shall be replaced by siding or masonry materials 249 and two windows with design and detailing harmonious with the other design elements on the 250 front elevation. 251 252 Section 5. Open Space. Open space shall be in the areas identified on the Concept 253 Plan/Primary Plat Exhibit 2. 254 255 Section 5.1 The Open Space Plan conceptually illustrates the District's larger areas of 256 Open Space. The intent of Open Space is to allow for a balance between natural areas and the 257 built environment and to provide for the overall beautification of the District. 258 259 Section 5.2 A minimum of 11 acres or 35% of the District shall be allocated to Open 260 Space as conceptually illustrated on the Open Space Plan. 261 262 Section 5.3 Tree Preservation Areas. The District's Natural Open Space shall include 263 Tree Preservation Areas. Tree Preservation Areas shall be delineated as part of a Primary Plat 264 approval and recorded with the Secondary Plat. Tree Preservation Areas shall be regulated and 265 maintained in accordance with the following: 266 267 A. The following best management practices should be implemented: 268 269 (i) Removal of invasive species (e.g. bush honeysuckle) where appropriate. (If 270 after the application of herbicide treatment after the removal of invasive 271 species to prevent from growing back should occur, then such applications 272 shall be done under the oversight of a professional.) 273 274 (ii) Removal of an overabundance of combustible material (e.g. dead, fallen 275 trees, and leaves). 276 277 (iii) Removal of vines growing on and up a tree when tree growth is affected. 278 Page 8 of 18 Version 2.1- Section 4.2.P text added 279 (iv) Completing all maintenance activities following industry standard using the 280 latest American National Safety Institute ANSI) Z-133.1 and A-300 281 approved practices and methods. 282 283 B. The following types of activities shall be permitted: 284 285 (i) Planting of native trees, pursuant to the Indiana Native Tree List provided 286 by the City's Urban Forester. 287 288 (ii) Removal of hazardous, exotic and invasive vegetation, pursuant to the 289 Indiana Exotic and Invasive Plant List provided by the City's Urban 290 Forester. 291 292 (iii) Removal of trees directed to be removed by municipal, county, state or 293 federal authority. 294 295 (iv) Installation of access easements, right-of-way, street, paths, trails, 296 sidewalks, utilities and drainage improvements, and minor pedestrian area 297 improvements (e.g. benches, trash receptacles, creek overlook areas). 298 Community Amenities may be permitted upon review and approval by 299 City's Urban Forester. If appropriate and where feasible, said improvement 300 areas should be limited to perpendicular crossings across Tree Preservation 301 Areas and/or excluded from delineated Tree Preservation Areas. 302 303 C. The following types of activities shall not be permitted unless otherwise approved 304 by the City’s Urban Forester: 305 306 (i) Removal of living vegetation other than exotic and invasive vegetation and 307 hazardous trees except to accomplish items listed in Section 5.3(B)(iv) of 308 this Ordinance. 309 310 (ii) Mowing any portion of the existing, naturally vegetated Tree Preservation 311 Area, except for along trails, points of access or gathering points. 312 313 (iii) Dumping of leaves or debris from areas other than the Tree Preservation 314 Area. 315 316 Page 9 of 18 Version 2.1- Section 4.2.P text added (iv) Seeding; including grass seed, prairie mix seed, sod or the planting of any 317 type of vegetable garden unless otherwise approved by the City' s Urban 318 Forester. 319 320 (v) Activities that adversely impact the health, structure or integrity of a 321 designated tree preservation area, including but not limited to: active 322 recreational activities requiring the placement of playground equipment, 323 paving for basketball or tennis courts and swimming pools. 324 325 D. The following requirements shall apply: 326 327 (i) Tree preservation areas must be easily and permanently identifiable as a tree 328 preservation area through permanent signage posted every five hundred 329 (500) feet around the perimeter of all tree preservation areas. The design 330 and location of such signs shall be coordinated with the City’s Urban 331 Forester. 332 333 (ii) Barriers shall be used to protect tree preservation areas during site 334 development. Barriers shall be specified on landscape plans and shall be 335 placed beyond the preserved trees dripline, in accordance with the tree 336 preservation details provided by the City’s Urban Forester. Such barriers 337 shall remain in place during the site’s construction activity. 338 339 (iii) The Urban Forester shall be contacted for any disputed activity within the 340 tree preservation area. The Urban Forester shall provide resolution to 341 disputed activity, which may include: 342 343 (a) Removal of trees that are host to an aggressive, life threatening 344 disease or pest that may pose a threat to the vitality of the rest of the 345 forest. 346 347 (b) Mowing and bush- hogging. 348 349 (c) Planting of new or replacement trees. 350 351 Section 6. Landscaping Requirements. The landscaping in the Hadley Grove District shall 352 be specified in Exhibit 5 (the Landscape Plan). 353 354 Section 6.1. Landscaping shall be in accordance with the following: 355 356 Page 10 of 18 Version 2.1- Section 4.2.P text added A. General Landscaping (Section 6.2) 357 358 B. Street Trees (Section 6.3) 359 360 C. Foundation and Lot Plantings (Section 6.6) 361 362 Section 6.2. General Landscaping Standards. Landscaping shall be integrated, where 363 appropriate, with other functional and ornamental site design elements (e.g. hardscape materials, 364 entryway monumentation, paths, sidewalks, fencing, or water features). 365 366 A. Landscaping should be designed with repetition, structured patterns, and 367 complementary textures and colors. Alternate or pervious paving materials or 368 alternative planting media is permitted where planting space is limited or where 369 otherwise warranted by the site design. 370 371 B. All plantings to be used in accordance with any landscaping requirement of this 372 Ordinance shall meet the following specifications: 373 374 (i) All trees, shrubs and ground covers shall be planted according to the 375 American Standard for Nursery Stock (ANSI Z60.1) and following the 376 standards, including planting details, provided by the City’s Urban Forester. 377 Landscaping materials shall be appropriate to local growing and climatic 378 conditions. 379 380 (ii) Shade trees shall be a minimum of two and one half (2.5) inches caliper at 381 planting. 382 383 (iii) Ornamental trees shall be a minimum of one and one half (1. 5) inches 384 caliper at planting. 385 386 (iv) Evergreen trees shall be a minimum height of six (6) feet at planting. 387 388 (v) Shrubs shall be a minimum height of eighteen (18) inches at planting. 389 390 (vi) Evergreen trees may be substituted in lieu of shrubs required by the 391 Ordinance on a 1:3 basis (one tree equals three shrubs). 392 393 C. Existing vegetation may be used to achieve required landscaping if: 394 395 Page 11 of 18 Version 2.1- Section 4.2.P text added (i) The vegetation located on the subject parcel is of suitable quality, size and 396 state of health to achieve required landscaping. 397 398 (ii) The vegetation is proposed to be preserved using accepted best management 399 practices for tree protection during construction. The preservation of 400 existing vegetation shall constitute an in -kind credit toward meeting the 401 landscape requirements of this Ordinance. A credit, which value shall be 402 determined in consultation with the City’s Urban Forester, shall be given per 403 tree that contributes to and satisfies similarly the intent of a particular 404 section of this Ordinance. 405 406 D. All landscaping approved as part of the Secondary Plat and construction plans 407 shall be installed, weather permitting, prior to issuance of a Certificate of 408 Occupancy by the Department. If it is not possible to install the approved 409 landscaping because of weather conditions, the property owner shall request a 410 temporary Certificate of Occupancy prior to the issuance of the Final Certificate 411 of Occupancy, which shall be conditioned upon a determined time to complete the 412 installation of the uninstalled landscape material. 413 414 E. All landscaping approved as part of the Secondary Plat and construction plans may 415 not later be substantially altered, eliminated or sacrificed without first obtaining 416 further Plan Commission approval. However, minor material altercations in 417 landscaping may be approved by the Director or his designee in order to conform 418 to specific site conditions. 419 420 F. It shall be the responsibility of the property owners and their agents to insure 421 proper maintenance of all trees, shrubs and other landscaping required by this 422 Ordinance. This is to include, but is not limited to, replacing dead plantings with 423 identical varieties or a suitable substitute, mulching of planting areas, and 424 keeping the area free of refuse, debris, rank vegetation and weeds. 425 426 G. Landscaping shall be prohibited within the Vision Clearance on Corner Lots. 427 428 Section 6.3. Street Trees. 429 430 A. Shade trees shall be planted parallel to each public street and within the street 431 right-of-way pursuant to the City’s published street tree planting specifications. 432 433 Page 12 of 18 Version 2.1- Section 4.2.P text added B. Street trees species shall be selected from the City’s published list of 434 recommended street trees and shall be planted a minimum of twenty-five (25) feet 435 and a maximum of fifty (50) feet on center. 436 437 C. No street tree shall be planted in conflict with drainage or utility easements or 438 structures, underground detention (unless so designed for that purpose). 439 However, where the logical location of proposed utilities would compromise the 440 desired effect, the Developer may solicit the aid of the City’s Urban Forester in 441 mediating an alternative. 442 443 Section 6.4. Perimeter Landscaping Adjacent to Public Right-of-Way. Perimeter 444 landscaping along the perimeter abutting rights -of -way shall be provided pursuant to this 445 section. Perimeter landscaping shall not be planted within the public right -of -way. Perimeter 446 landscaping shall be pursuant to Chapter 26.04 of the Zoning Ordinance. A Type D Bufferyard 447 shall be provided with a minimum yard width of 20 feet and a three (3) foot high mound a 448 minimum of 60 percent of the length of the required bufferyard. The bufferyard shall be planted 449 with a minimum of five (5) shade trees, five (5) ornamental trees, and 27 shrubs per one hundred 450 linear foot increment. Evergreen trees may substitute in lieu of shrubbery on a 1:3 basis (one (1) 451 conifer equals three (3) shrubs.) Landscaping within adjacent Common Areas and existing Tree 452 Preservation Areas may be used toward the bufferyard requirement as approved by the Urban 453 Forester. Where a Common Area containing a pond abuts the public right-of-way, the 454 bufferyard shall be planted with a minimum of three (3) shade trees per one hundred linear foot 455 increment. 456 457 Section 6.5. Perimeter Landscaping Not Adjacent to Public Right-of-Way. The 458 bufferyard types shall be pursuant to Chapter 26.04 of the Zoning Ordinance. A Type B 459 Bufferyard shall be provided with a minimum yard width of ten (10) feet. The bufferyard shall 460 be planted with a minimum of three (3) shade trees, three (3) ornamental trees, and 15 shrubs per 461 one hundred linear foot increment. Evergreen trees may substitute in lieu of shrubbery on a 1:3 462 basis (one (1) conifer equals three (3) shrubs.) Where Common Areas or Lots abut a common 463 area with a pond on the neighboring property, the bufferyard shall be planted with a minimum of 464 three (3) shade trees per one hundred linear foot increment. In Common Areas greater than one 465 and one-half acres in size no bufferyard planting shall be required if at least 80 percent of said 466 Common Area is planted with wildflowers and a minimum of 5 shade trees. 467 468 Section 6.6. Foundation and Lot Plantings. 469 470 A. Design Intent. Foundation and lot plantings are used to: 471 472 (i) Soften the architectural lines of Buildings. 473 Page 13 of 18 Version 2.1- Section 4.2.P text added 474 (ii) Frame the primary views to Buildings and public spaces. 475 476 (iii) Blend architectural designs with the landscape design. 477 478 Landscaping shall be designed to appropriately complement a Building's use, set 479 back, height, and architectural features. Window boxes for flowers and planters 480 on front stoops and sidewalks are encouraged in areas where landscaping cannot 481 be installed at the foundation of a Building due to the Building’s proximity to a 482 sidewalk, path, street, right-of-way or easement. 483 484 B. Single-Family Dwellings. The following planting requirements apply to all 485 Single-family Dwellings: 486 487 (i) All lots shall be required to plant two (2) trees in the front yard. If there is 488 not sufficient area for both trees to be placed in the front yard, then one of 489 the required trees may be planted in a side yard as approved by Urban 490 Forester. 491 492 (ii) All lots shall have a minimum of seven (7) shrubs and /or ornamental 493 grasses along the foundation facing a street. Corner lots shall install seven 494 (7) shrubs per side facing a street. 495 496 Section 7. Permitted Uses and Maximum Unit Limitation. Only Single Family 497 Dwellings, Model Homes, and residential accessory structures permitted in the S-1 Residence 498 District by the Zoning Ordinance shall be permitted within the District. The total number of 499 Dwellings shall not exceed thirty-eight (38). 500 501 Section 8. Homeowners Association and Declaration of Covenants. Declarations of 502 Covenant(s) shall be prepared by the Controlling Developer and recorded with the Recorder of 503 Hamilton County, Indiana. 504 505 Section 9. Approval Process. 506 507 Section 9.1. Approval or Denial of the Primary Plat /Development Plan. 508 509 A. Concept Plan/Primary Plat. The Concept Plan/Primary Plat has been reviewed 510 and approved by the Commission, and constitutes the approved primary plat and, 511 as such, the Developer shall not be required to return the Commission for primary 512 plat approval. 513 Page 14 of 18 Version 2.1- Section 4.2.P text added 514 B. Secondary Plat Approval. The Director shall have sole and exclusive authority to 515 approve, with or without conditions, or to disapprove any Secondary Plat; 516 provided, however, that the Director shall not unreasonably withhold or delay 517 the Director' s approval of a Secondary Plat that is in substantial conformance 518 with the Concept Plan/Primary Plat and is in conformance with the Development 519 Requirements of this Hadley Grove Ordinance. If the Director disapproves any 520 Secondary Plat, the Director shall set forth in writing the basis for the disapproval 521 and schedule the request for hearing before the Commission. 522 523 Section 9.2. Modification of Development Requirements. 524 525 A. Changes that shall require amendment of this Hadley Grove Ordinance through 526 the standard rezone process include changes that alter the concept or intent of the 527 PUD including: 528 529 (i) Increases in density or intensity; 530 531 (ii) Changes in the proportion or allocation of land uses; 532 533 (iii) Changes in the list of approved uses; 534 535 (iv) Changes in the locations of uses; and/or 536 537 (v) Changes in the functional uses of open space, where such change constitutes 538 an intensification of use of the open space. 539 540 B. Any quantity changes – either individually or in the aggregate – that create a ten 541 percent (10%) or greater change from the Development Requirements shall be 542 approved by the City Council.Modification of the Development Requirements, 543 requested by the Controlling Developer, may be approved the Plan Commission 544 or committee designated by the Commission, after a public hearing held in 545 accordance with the Commission's Rules of Procedure. However, any decision of 546 a committee which denies any requested modification may be appealed by the 547 party requesting approval to the Commission, also in accordance with the 548 Commission’s Rules of Procedure. 549 550 C. Any proposed modification of the Development Requirement shall comply with 551 the following guidelines: 552 553 Page 15 of 18 Version 2.1- Section 4.2.P text added (i) The modification shall be in harmony with the purpose and intent of this 554 Hadley Grove Ordinance. 555 556 (ii) The modification shall not have an adverse impact on the physical, visual, or 557 spatial characteristics of the Hadley Grove District. 558 559 (iii) The modification shall not have an adverse impact on the streetscape and 560 neighborhood or abutting properties. 561 562 (iv) The modification shall not result in configurations of lots or street systems 563 which shall be unreasonable or detract materially from appearance of 564 Hadley Grove District. 565 566 (v) The minimum standards regarding lot size, rear yard setbacks, size and 567 number of bufferyard plantings, and acres of Open Space shall not be 568 reduced below the requirements of this Hadley Grove Ordinance. 569 570 (vi) The permitted uses and maximum number of Dwellings shall not be 571 increased above the limits specified in this Hadley Grove Ordinance. 572 573 D. When applying the Development Requirements, the commission Director shall 574 carefully weigh the specific circumstances surrounding the modification petition 575 and strive for development solutions that promote the spirit, intent and purposes 576 of this Hadley Grove Ordinance. 577 578 E. If the Commission (or its designated committee)Director determines that the 579 proposed modification will not have an adverse impact on development in Hadley 580 Grove District or the abutting properties, it shall grant a modification of the 581 Development Requirements. In granting modifications, the Commission Director 582 may impose such conditions as will, in its reasonable judgment, secure the 583 objectives and purposes of the Hadley Grove Ordinance. 584 585 Section 10. Controlling Developer’s Consent. Without the written consent of the 586 Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or 587 approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and 588 by way of example but not by limitation, none of the following may be obtained without the 589 approval and consent of the Controlling Developer. 590 591 A. Improvement location permits for any improvements within the Real Estate; 592 593 Page 16 of 18 Version 2.1- Section 4.2.P text added B. Sign permits for any signs within the Real Estate; 594 595 C. Building permits for any buildings within the Real Estate; 596 597 D. Secondary plat approval for any part of the Real Estate; and 598 599 E. Any text amendments or other variations to the terms and conditions of this 600 Hadley Grove Ordinance. 601 602 Section 11. Signage. A monument sign as depicted in Exhibit 6 will be constructed at 603 the entrance to the District from Main Street (formerly 131st Street) as approved by the Director. 604 Illumination of said sign shall be from a source external to such signage and shall meet the 605 requirements of Article 25.07 of the Zoning Ordinance. 606 607 608 609 The remainder of this page is left blank intentionally. 610 Signatures appear on the following page. 611 612 Page 17 of 18 Version 2.1- Section 4.2.P text added PASSED by the Common Council of City of Carmel, Indiana this _____day of _____________, 613 2013, by a vote of ____ ayes and ____ nays. 614 615 COMMON COUNCIL FOR THE CITY OF CARMEL 616 Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Snyder 617 618 ATTEST: 619 620 621 ___________________________________ 622 Diana L. Cordray, IAMC, Clerk Treasurer 623 624 Presented by me to the Mayor of the City of Carmel, Indiana this _____ day of ____________, 625 2013, at _________.M. 626 627 ___________________________________ 628 Diana L. Cordray, IAMC, Clerk-Treasurer 629 630 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of _____________, 631 2013, at ________.M. 632 633 634 ___________________________________ 635 James Brainard, Mayor 636 637 638 Page 18 of 18 Version 2.1- Section 4.2.P text added ATTEST: 639 640 641 ___________________________________ 642 Diana L. Cordray, IAMC, Clerk-Treasurer 643 644 645 This Instrument prepared by: Bryan D. Stumpf, 7378 N 550 E, Lebanon, IN 46052 646 647 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social 648 Security Number in this document, unless required by law. Bryan D. Stumpf 649