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HomeMy WebLinkAboutPacket 06-21-05CARMEL, INDIANA INDIANA LAND DEVELOPMENT CHANGE IN ZONING CLASSIFICATION 43.6 Acres south of 131st Street and west of Towne Road Docket No. 05050003Z City of Carmel Plan Commission -June 21, 2005 Applicant: Indiana Land Development Attention: Paul Shoopman Phone' 415-0459 Attorney' Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Telephone' (317) 844-0106 TABLE OF CONTENTS ,. 1. Explanation . Aerial photograph 3. Concept Plan 4. PUD Ordinance , . Illustrations of type of detached residences Illustrations of type of townhomes o o Tree Preservation Plan Signage illustrations 9. Street detail H :Uanet\ILD\126~ Fortune\TOC-PC 062105.doc Explanation Indiana Land Development is the contract purchaser of approximately 43 acres of real estate located south of 131st Street, north of 126th Street, and just east of Towne Road. The 43 acres is outlined on the aerial photograph included as Exhibit 2. Indiana Land Development has requested to change the zoning classification from the existing S-1 District to a PUD District. The proposed PUD Ordinance is included as Exhibit 4. As indicated on the Concept Plan attached as Exhibit 3, the PUD Ordinance allocates the real estate into a Subarea A, Subarea B, and Subarea C. Regarding these, the following are noteworthy: ,, Subarea A - Detached single family residences and townh°mes are permitted in Subarea A. Subarea A also permits certain civic uses and limited commercial uses similar to the permitted special uses allowed in the S-1 District under Carmel's Zoning Ordinance. In order to permit the opportunity for the limited civic and commercial uses, Indiana Land Development has agreed to not develop Subarea A for residential uses until one year after the enactment of the requested PUD Ordinance. o Subarea B - Subarea B will be developed for detached single family residences and townhomes. Indiana Land Development has simultaneously filed its request for primary plat approval with respect to Subarea B. Any such primary plat approval would be subject to the enactment of the requested PUD Ordinance. , Subarea C - Subarea C will be developed for detached single family. Indiana Land Development has simultaneously filed its request for primary plat approval with respect to Subarea C. Any such primary plat approval would be subject to the enactment of the requested PUD Ordinance. Illustrations of the type of detached single family residences and townhomes are included as Exhibits 5 and 6, respectively. We have also included (i) a copy of the tree preservation plan as Exhibit 7, (ii) signage illustrations as Exhibit 8, and (iii) street detail as Exhibit 9. We look forward to presenting this matter to you on June 21, 2005. Respectfully submitted, H:~Janet\lLD\126th-Fortune,Explanation-PC 062105.doc Charles D. Frfiixken" '' berger SIT[ DATA GROSS SiTE AREA EXiSTiNG ZONING PROPOSED ZONING SIh,qSLE FAmiLY ,~NGLE FAMJ LY SO' ,,~NGLE FAMILY ALL~( S0~X 140' SINGLE FAHiL¥ The ¥~ll~ge of Wesley DP' M~I × ISO~ S~NGLE FAMILY S~NC-,LE FAMILY +?- 43.6 AC PUD DEVELOPHENT PROGRAM AP-EAt 8.87 AC AREA: COMMb-~CiA£ / CIVIC USES T~NNOM~ SINGLE FAMILY: ALTER~ D~ELOPMENT O~JON: T~ UN~TS: ~'N~MES: 56 UN)TS S(NG~ F~)LY: 28 UN~TS SINGLE FAMILY Tt~ v,~ of ~ 7,73 AC Q UNITS 22 UNITS SUB-AREA AREA: SINGLE FAMILY: TOTAL UN[TS: 17.0 AC 6[ UN[TS 6J DU 0 ) 00 200 300 SCALE: l"= J00' FORTUNE SITE (~]6.09 0~. # 3005022 Sponsor: Councilor ORDINANCE NO. PLANNED UNIT DEVELOPMENT DISTRICT 6/10/2005 TABLE OF CONTENTS AND SCHEDULE OF EXHIBITS TABLE OF CONTENTS Section 1. Applicability of Ordinance ................................................................................................. 4 Section 2. Planning Principles ............................................................................................................ 4 Section 3. Permitted Primary Uses ...................................................................................................... 5 Section 4. Street Design and Open Space ........................................................................................... 6 Section 5. Commercial Standards - Subarea A ............................................................................ 6 Section 6. Single Family Standards- Subarea C ................................................................................. 9 Section 7. Town Home Standards - Subarea B ................................................................................. 13 Section 8. Platting .................................................................................................................. 18 Section 9. Approval Process .............................................................................................................. 18 Section 10. Definitions and Rules of Construction ...................................................................... 19 Section 11. Violations ........................................................................................................................ 21 6/10/2005 SCHEDULE OF EXHIBITS all A B C D E Legal Description of Real Estate Regulating Plan Tree Preservation Plan Street Standards Elevations identifying intended architectural style of detached single family residences Elevations identifying intended architectural style of townhome 6/10/2005 Sponsor: Councilor ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z-289 (the "Carmel 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.; WHEREAS, the Carmel Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the" Ordinance") which establishes a Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to IC §36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Carmel Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii)all prior ordinances or parts thereof inconsistent with any provision of this Ordinance and its exhibits are hereby repealed, (iii) all prior commitments pertaining to the Real Estate shall be null and void and replaced and superseded by this Ordinance, and (iv) this 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 Official Zoning Map of the City of Carmel, a part of the Carmel Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known as . Section 1.2 Development in the District shall be governed entirely by (i)the provisions of this Ordinance and its exhibits, and (ii)those provisions of the Carmel Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict between this Ordinance and the Carmel Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance shall apply. Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel Zoning Ordinance in effect on the date of the enactment of this Ordinance. Section 2 Planning Principles: This Ordinance is designed and planned to evoke a sense of community typically found in older neighborhoods by producing a pedestrian-friendly 6/10/2005 environment, a mix of residential and recreational land uses, and a respect for the natural environment. 2.1 2.2 2.3 2.4 This Ordinance is a comprehensive planning and design development tool intended to insure that the community infrastructure is an integrated system, and will be a guide for the work of land developers, design consultants, builders, and the City in such a way that development, though incremental, does not become fragmented. Neighborhoods have identifiable nodes that can be small landscape parks, squares, or open space. Small play areas and community open spaces close to most dwellings create meeting places for residents and children that provide a setting for social interaction. Neighborhoods are walkable and pedestrian friendly. All neighborhoods contain sidewalks that provide convenient routes to parks and adjacent communities.' The design of the streets is key to a pedestrian friendly neighborhood design. Streets are shaded by street trees to create an environment that favors the pedestrian and encourages bicycling. Front porches on the homes are encouraged and provide an open living room to encourage neighborly conversations and add interest to the street. 2.5 Where possible, garages and driveways are located off of an Alley at the rear of the lot where possible to limit garages on the front of the homes and limit the number of drives from the streets. Where the garage is on the front of the home, the garage should be recessed back from the front elevation. 2.6 Visitors use on-street parallel parking in front of the homes and are welcomed by open verandas and inviting front porches. 2.7 A portion of this Planned Unit Development is given the flexibility to be designed with several uses based on market demands. In Subarea 'A', a mix of uses is encouraged to provide opportunities for businesses in close, walkable proximity to the residential neighborhoods. Section 3 Permitted Primary Uses and Intensities: A portion of the PUD is given the flexibility to be designed with several uses based on market demands. In Subarea A, a mix of uses is encouraged to provide opportunities for businesses in close, walkable proximity to the residential neighborhoods. Permitted uses are defined below: 3.1 Subarea A Permitted Primary Uses (Residential and Commercial Uses permitted as listed below) · Detached Single Family Dwellings · Attached Town Homes · Accessory Dwelling · Clinic or Medical Health Center · Church/Temple/Place of Worship · Post Office · Library · Kindergarten/Preschool 6/10/2005 all 3.2 3.3 3.4 Section 4 4.1 · College or University Subarea B Permitted Primary Uses (Residential Uses permitted as listed below) · Detached Single Family Dwellings · Attached Town Homes · Accessory Dwellings Subarea C Permitted Primary Uses (Residential Uses permitted as listed below) · Detached Single Family Dwellings · Accessory Dwellings Residential Densities and Commercial Floor Areas Permitted · Maximum Gross Residential Density for PUD: 3.7 Dwelling Units / Acre · Permitted Residential Density per Subarea (See Exhibit B for Subarea delineation): ..... Subarea A: 7.949 acres total net area (not including area dedicated for 131st ROW.) (Gross Area 8.871) - Commercial Permitted: (See Section 5 for Commercial Standards, Subarea A) - Maximum Town Homes: 56 Homes - Maximum Detached Single Family: 28 Homes Subarea B: 17.727 acres total - Maximum number of Town Home Units Permitted: 44 Homes - Maximum number of Single Family Homes Permitted: 22 Homes Subarea C: 16.422 acres total net area (not including area dedicated for 126th ROW.) (Gross Area 17.008) - Maximum number of Single Family Homes Permitted: 61 Homes *Note: "Net area" includes area within Subarea 'A'. Street Design and Open Space. Street Design · Public ROW shall be designed in coordination with the City of Carmel Public Works. · All intemal neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is considered a traffic calming device and will help promote safe streets for pedestrians. · All streets shall have sidewalks to provide a pedestrian friendly environment with a minimum width of 5' within the public Right-of-Way. · All streets shall meet the design standards in Exhibit D - Neighborhood Street Sections. 6/10/20O5 4.2 Community Open Space · Community Open Space shall be provided at a minimum of 15% of the gross development area. · The existing tree canopy of the community is critical to the character and design of the master plan. See Exhibit C for trees proposed to be preserved. · Existing trees to be preserved should be protected to the drip line of the tree. Tree protection barriers should be installed by utilizing wood stakes/agricultural metal fence posts at 8 feet on center with minimum four foot metal fence located at the at the drip-line of the tree. · Canopy trees shall be planted, as street trees, with a minimum 2.5" Caliper for each 50 feet of park street frontage. Trees to be planted within the right-of-way. · In addition to street trees, community parks shall have four canopy trees with a minimum 2" Caliper, or two understory trees with minimum 1.5" Calipers, for every acre of open space. · Landscape beds should be mulched to insure plant survivability and reduce water requirements. 4.3 Community Buffers and Landscape · See Exhibit C for Tree Preservation and Landscape Plan · A landscape plan shall be submitted to the Commission for its approval with the ADLS submittal and, absent any waivers or variances, shall comply with the requirements of the Zoning Ordinance. · PUD Buffers provided shall meet or exceed the following requiremems: 1. Subarea A. a. 25 foot buffer yard from the edge of the ROW for 131 st street (per the Clay Township Thoroughfare Plan). b. 10 foot buffer yard along the east and west property lines. 2. Subarea B. a. 10 foot buffer yard along the eastern property line (allowed to overlap 2 feet into the alley easement) b. 10 foot buffer yard along the western property line. 3. Subarea C. a. 10 foot buffer yard along the eastern property line (allowed to overlap 2 feet into the alley easement). b. 10 foot buffer yard along the western propert.~ line. c. 20 foot buffer yard located north of the 126"' Street ROW (per the Clay Township Thoroughfare Plan). Overlap into the drainage and sanitary easements to the north are permitted. · No landscape buffer is required between diftierent home types or uses within the PUD boundary or between similar and/or like uses of adjacent properties. Section 5 Commercial Standards - Subarea A: Commercial buildings generally consist of a fixed commercial building type with a single use throughout. Common walls are permitted on 6/10/2005 all the side lot lines. Commercial buildings shall front 131st Street, with parking generally located to the rear or side of the buildings. Special emphasis is placed on the architectural detail in the elevations of these buildings as they are the signature buildings of the community from 131st Street. 5.1 5.2 5.3 5.4 5.5 Area Requirements · Front Yard Setback: 20' · Comer Side Yard Setback: 20' · Rear Yard Setback: 0' · Minimum Lot Size: Not Applicable. lot minimum is established. To allow for market flexibility, no No Maximum Lot coverage shall be required Building Placement · Building location on lot Development Plan review. adjacent to 131 st Street. should be reviewed in connection with Buildings are encouraged to be located Maximum Height for Commercial Buildings: · The maximum overall building height is 4 stories; provided, however, that there is no height limit on architectural elements, such as towers or copulas · The minimum building height is 16' · The maximum overall building height, exclusive of attic, roof or parapet and architectural elements, shall be measured in number of stories · The heights of building elements shall be measured from the sidewalk grade taken anywhere along the principle frontage line · Generally, fences or garden walls are discouraged at or in front of the from fa{;ade. Wrought iron and aluminum fences with black powder coat fences with a maximum height of 36 inches are permitted. · Fences or garden walls at or behind the front faq:ade shall be a minimum of 5 feet in height and a maximum of 8 feet. Parking Placement · The number of parking places required shall meet or exceed the requirements of the Zoning Ordinance Both on-street parking and off-street parking shall count towards the fulfillment of the parking requirement. The on-street parking, where applicable, shall be provided along the frontage corresponding to the lot. All on-street parking may be informal parking Shared parking shall be permitted. Accessory Buildings · Accessory buildings associated with any of the approved uses listed are permitted. Accessory buildings must be architecturally compatible with 6/10/2005 5.6 5.7 5.8 the principal building(s) with which they are associated and must adhere to the same architectural guidelines as the principle building(s). Architectural Design Requirements: · Architectural plans shall be submitted to the Commission for its approval with the ADLS submittal. · Buildings are to be residential in scale and character. Efforts should be made to eliminate "box buildings". · Permitted building fagade materials include' stone, architectural masonry, architectural pre-cast (panels or detailing), "Hardi-board" or equivalent, vinyl siding, clay, brick, etc. · Individual storefronts shall incorporate architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the architectural style of the building as a whole. · Building materials in the same plane (i.e. front elevation) may be built of no more than two materials and may change materials along a horizontal line, with heavier material below the lighter material. · Material variation in the same plane may occur along a horizontal line only. Changes along a vertical plane may only occur at comers where the · material "wraps" around the comer of the building a minimum of twenty- four inches. · Continuous facades of more than 60' shall be designed with vertical offsets. Offsets may be projecting, recessed or may be a simple change in material, or detailing. · Sloped roofs are strongly recommended. Roof materials may. include builder grade, architectural grade, dimensional asphalt shingles, tile, standing seam metal (aluminum must be painted with anodized or powder coat finish), slate/artificial slate. · Sloped roofs shall be a maximum of fifty (50) without a change in roof plane, gable or dormer. · Fixed and/or retractable awnings are permitted. · Window design shall be compatible and proportionate keeping with the style, materials, and details of the building. (Vinyl, "Hardi-board", and Wood clad materials are acceptable.) · Porches, window, and stoops may extend into the front yard setback and the side yard setback by up to 10'. Signage Design Requirements · A signage plan shall be submitted to the Commission for its approval with the ADLS submittal and shall comply with the requirements of the Zoning Ordinance unless appropriate variances are obtained from the BZA. Landscape Design Requirements · A landscape plan shall be submitted to the Commission for its approval with the ADLS submittal and, absent any waivers or variances, shall comply with the requirements of the Zoning Ordinance. 6/10/2005 · Landscaping shall be provided on all sides of a standalone building. · PUD Buffer and general open space landscape provided shall meet or exceed the requirements noted on Exhibit C and Section 4.3. · No landscape buffer is required between different home types or uses within the PUD boundary. 5.9 Any mechanical equipment visible from an adjoining street or highway shall be screened with suitable fencing and/or landscape material. 5.10 If Subarea A is developed as residential, then it shall be in accordance with Section 6. 10 6/10/2005 Section 6. Single Family Standards - Subarea B and Subarea C' Homes are detached homes on fee simple lots. Single Family Residential 6.1 Area Requirements/Minimum Lot Size · Minimum Lot Size for Lots accessed from a public street: 6000 Sq. Ft. · Minimum Lot Size for Lots accessed from an Alley: 5500 Sq. Ft. · Detached homes lot lines shall be subject o change from conceptual drawing due to various product type. 6.2 Development Standards · Front Yard Setback: 12' Minimum · Rear Yard Setback to Primary and Accessory Structures: 20' · Garage Setback: 1. For Street Accessed Lots: Garage should be recessed behind the primary structure front elevation approximately 4 feet. 2. For Alley Accessed Lots with parking permitted in driveway: Minimum 29 feet from rear property line. 3. For Alley Accessed Lots without parking permitted in driveway: Between 5 feet and 13 feet. · Side Yard Setback: 3.75' Minimum · Porches and Stoops may extend into the front yard setback by up to seven (7) feet from the property line, but shall not encroach on any utility easement. · Minimum Building Square Footage: 1400 square feet · Maximum Lot coverage: 75% · Building Height: 1 to 3 stories, not to exceed 40 feet in height. 6.3 Architectural Standards · Homes should be simple, with basic elements of construction (colunms, porches, doors, rafter tails, windows) serving as ornament. They should be built of materials to stand up over time, to age gracefully, and to withstand the elements: sun, rain, wind, and gravity. · Identical house elevations and fa~;ade colors may not be located directly next to or across from each other. Alternate elevations may be required to minimize monotones or repeated streetscapes. Building Walls: 1. Simple configurations and solid craftsmanship are favored over complexity or ostentation. 2. Acceptable Exterior Finishes: Brick, Wood Siding (or Cementitious Siding, Hardi-Board or equal), Stone, Vinyl Siding 3. All exterior walls will be given equal architectural treatment and design. 4. Building walls in the same plane may be built of no more than two materials and may change material along a horizontal line, with the heavier material below the lighter material. 11 6/10/2005 Se . Material variation used on the front elevations shall extend or "wrap" around the comer of the house a minimum of 18 inches to provide an appropriate transition. In addition, street comer lots will require special treatment on the side facing the street. Strong encouragement is given to designs reflecting masonry first floor with acceptable siding second floors. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. Roofs: 1. . Acceptable materials' Architectural grade, dimensional fiberglass/asphalt shingles; metal heavy gauge or galvanized standing seam; Tile; Slate and artificial slate Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch as long as they are not 20% of the total roof area and have a minimum pitch of 4' 12. Window and Doors: 1. Windows, window panes, and doors shall be square or vertical in proportion. Transoms may be oriented horizontally with panes that match other opening configurations. 2. Exterior shutters are permitted and encouraged. Porches: 1. Porches and stoops are encouraged and are central to the character of the community. They provide a safer neighborhood by placing "eyes on the street." Openings between piers, posts, and porch columns shall be square or vertical in proportion. Columns shall be stylistically consistent with the architecture of the primary structure. Decks shall be located only in rear yards. ., o . Breezeways, connecting detached garages to the primary structure, are permitted, and shall have design elements including roof, eave, fascia, etc. to match the primary structure. Garages, Parking, Driveways, and Sidewalks: 1. Parking shall be provided at two parking spaces per dwelling. 2. Each single family detached residence shall have a two car garage to accommodate required parking. 3. Guest parking in drive is optional on alley accessed homes. 4. All neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped 12 6/10/2005 all 6.4 o o areas) is considered a traffic calming device and will help promote safe streets for pedestrians. Minimum garage bay width shall be 20'. Driveway flares shall not cross the side yard property line and will not interfere with the flare from the adjacent lot's driveway. Lots located on a cul-de-sac are excluded, and crossing driveway flares are permitted. A walk connecting the public sidewalk to the front porch/door of the home shall be constructed. Pools: 1. . o Only in-ground pools are permitted. Above ground hot tubs and spas are permitted. Pool decks may encroach into the side and rear yard setbacks no closer than 5feet to the property line. Pools shall be screened or fences as required to meet all safety requirements. Fences 1. o o . o and garden walls: Fences in the from yards adjacent the front street and side street where applicable, shall have a setback from the property line of 12 inches and a maximum height of 42 inches. Walls in the front yards are not permitted. Fences and garden walls in the rear yard shall be a maximum of six feet measured from the finished grade. Fences and garden walls within the required landscape buffer yard shall conform to the specifications set by the developer. Permitted fence materials include wrought Iron, painted aluminum, and wood. Permitted garden wall materials include brick or stone to match home. Landscape Standards · Each lot shall plant a canopy tree, as a street tree, with a minimum 2.5" Caliper for each 50 feet of street frontage. Tree to be planted within the right-of-way between the sidewalk and back-of-curb. Tree species to be coordinated by the developer. · Each lot shall plant, in addition to a street tree, either one canopy tree with a minimum 2" Caliper, or two understory trees with minimum 1.5" Calipers. Tree species should be appropriate to the climate of the City of Carmel, and the location to should be appropriate to the design of the site and location of the home and site appurtenances. · PUD Buffer and general open space landscape provided shall meet or exceed the requirements noted on Exhibit C and Section 4.3. · No landscape buffer is required between different home types or uses within the Real Estate. 13 · ~, 6/10/2005 Landscape beds should be mulched to insure plant survivability and reduce water requirements. Existing trees to be preserved should be protected to the drip line of the tree and should incorporate City of Carmel standards for protection. Plant composition should employ a compatible variety of plant types in order to build a pleasant transition from property to property. All landscape and grassed areas shall be within one hundred (100) feet of a hose bib. 6.5 Lighting · Exterior lighting may not only serve as a strong design element but can also provide direction and safety. · All landscape lighting shall be of a soft and diffused character used to illuminate landscape planting and pathways instead of building surfaces. · Lighting in general should not be conspicuous when light from light fixture is directly visible. The lamping shall be low wattage and from Dusk to Dawn to prevent sharp contrasts from surrounding areas at night. Security lighting and flood lighting should be directed inward toward the lot and every effort should be made to prevent light pollution to adjacent properties. Section 7. Town Home Residential Standards (Permitted within Subarea A and Subarea B) Town Homes are typically attached homes that have one or more common walls. Town Homes may be sold fee simple or with condominium ownership. 7.1 Area Requirements/Minimum Lot Size · Town Homes shall be located generally between 131st Street and the single family homes per the Concept plan, Exhibit B. · Minimum Lot Size for one-car garage town homes: 1800 sq. fl. · Minimum Lot Size for two-car garage town home: 2400 sq. fl. 7.2 Development Standards · Front Yard Setback: 12' Minimum on lots interior to the neighborhood. For lots fronting on 131st Street, a minimum 25' front yard shall be provided. · Rear Yard Setback to Primary and Accessory Structures: 20' · Garage Setback: 1. For Alley Accessed Lots with parking permitted in driveway: Minimum 29 feet from rear property line. 2. For Alley Accessed Lots without parking permitted in driveway: Between 5' and 13' feet. · Minimum Building Separation: 7.5' Minimum · Porches and Stoops: May extend into the front and street comer side yard setback up to seven (7) feet from the property line. · Maximum Ten (10) Town Homes units per Town Home Building; Minimum three (3) town home units per building 14 6/10/2005 7.3 Building Height: I to 3 stories (40 feet maximum) Architectural Standards Town Homes should be simple, with basic elements of construction (columns, porches, doors, rafter tails, windows) serving as omament. They should be built of materials to stand up over time, to age gracefully, and to withstand the elements: sun, rain, wind, and gravity. Front Elevations of town homes should be clearly articulated through architectural details, changes in building materials, off sets in front building facades, and/or vertical design elements to accentuate the individual living units. Town Homes should be built with special attention to pedestrian scale incorporating front porches, stoops, and balconies. Building Walls: 1. Simple configurations and solid craftsmanship are favored over complexity or ostentation. 2. Permitted Exterior Finishes: Brick, Wood Siding (or Cementitious Siding, Hardi-Board or equal), Stone, Vinyl Siding 3. All exterior walls will be given equal architectural treatment and design. 4. Building walls in the same plane may be built of no more than two materials and may change material along a horizontal line, with the heavier material below the lighter material. 5. Material variation used on the front elevations shall extend or "wrap" around the comer of the house a minimum of 18 inches to provide an appropriate transition. In addition, street comer lots will require special treatment on the side facing the street. 6. Strong encouragement is given to designs reflecting masonry first floor with approved siding second floors. 7. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. (Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide.) Roofs' 1. o Permitted materials: Builder grade, Architectural grade, dimensional fiberglass/asphalt shingles; metal heavy gauge or galvanized standing seam; Tile; Slate and artificial slate Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch as long as they are not 20% of the total roof area and have a minimum pitch of 3' 12. 15 6/10/2005 Window and Doors: 1. Windows, window panes, and doors shall be square or vertical in proportion. Transoms may be oriented horizontally with panes that match other opening configurations. 2. Exterior shutters are permitted and encouraged. Porches: 1. Porches and stoops are encouraged and are central to the character of the community. They provide a safer neighborhood by placing "eyes on the street." Openings between piers, posts, and porch columns shall be square or vertical in proportion. Columns shall be stylistically consistent with the architecture of the primary structure. Decks shall be located only in rear yards. . J Breezeways, connecting detached garages to the primary structure, are permitted, and shall have design elements including roof, eave, fascia, etc. to match the primary structure. Garages, Parking, Driveways, and Sidewalks: 1. Parking shall be provided at two parking spaces per dwelling. 2. Each Town Home residence shall have a one or two car garage accessed by an alley at the rear of the lot to accommodate required parking. If a one car garage is provided, an additional parking space shall be provided in the driveway. 3. Guest parking in drive is optional on alley accessed homes with two car garages. 4. All neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is considered a traffic calming device and will help promote safe streets for pedestrians. 5. Minimum garage bay width shall be 20' for a two car garage and 11' for a one car garage. 6. Driveway flares shall not cross the side yard property line and will not interfere with the flare from the adjacent lot's driveway. Lots located on a cul-de-sac are excluded, and crossing driveway flares are permitted. 7. A walk connecting the public sidewalk to the front porch/door of the home shall be constructed. 16 6/10/2005 7.4 Pools: 1. , o Only in-ground pools are permitted. Above ground hot tubs and spas are permitted. Pool decks may encroach into the side and rear yard setbacks no closer than 5 feet to the property line. Pools shall be screened or fences as required to meet all safety requirements. Fences 1. o , o 5, and garden walls: Fences in the front yards adjacent the front street and side street where applicable, shall have a setback from the property line of 12 inches and a maximum height of 42 inches. Walls in the front yards are not permitted. Fences and garden walls in the rear yard shall be.a maximum of six feet measured from the finished grade. Fences and garden walls within the required landscape buffer yard shall conform to the specifications set by the developer. Permitted fence materials: Wrought Iron, painted aluminum, and wood. Permitted garden wall materials: Brick or stone to match home. Landscape Standards Each building shall have a canopy tree, as a street tree, with a minimum 3" Caliper for each 50 feet of street frontage. Tree to planted within the fight-of-way. Tree species to be coordinated by the Developer. Each building shall have, in addition to a street tree, either one canopy tree with a minimum 2" Caliper or two understory trees with minimum 1.5" Calipers for each 40 feet of total building width. Tree species should be appropriate to the climate of the City, and the location to should be appropriate to the design of the site and location of the home and site appurtenances. PUD Buffer and general open space landscape provided shall meet or exceed the requirements noted on Exhibit C and Section 4.3. No landscape buffer is required between different home types or uses within the PUD boundary. Landscape beds should be mulched to insure plant survivability and reduce water requirements. Existing trees to be preserved should be protected to the drip line of the tree and should incorporate City of Carmel standards for protection. Plant composition should be employ a compatible variety of plant types in order to build a pleasant transition from property to property. All landscape and grassed areas to be within one hundred (100) feet of a hose bib. 17 6/10/2005 7.5 Lighting Exterior lighting may not only serve as a strong design element but can also provide direction and safety. All landscape lighting shall be of a soft and diffused character used to illuminate landscape planting and pathways instead of building surfaces. Lighting in general should not be conspicuous when light from light fixture is directly visible. The lamping shall be low wattage and from Dusk to Dawn to prevent sharp contrasts from surrounding areas at night. Security lighting and flood lighting should be directed inward toward the lot and every effort should be made to prevent light pollution to adjacent properties. Each Town Home shall have a lit entry. If covered porch is provided, then an overhead pendulum style lamp should be provided from the ceiling of the porch; if no covered porch is provided, then fixtures should be mounted on either side of the door. Alley ways shall be lighted by lamps mounted on either side of the garage doors. At the Developer's discretion the lights may be timer controlled or motion sensor controlled. Section 8. Platting: The platting of Subarea C shall be required. Platting shall also be required with respect to all lots in portions of Subarea A and Subarea B upon which detached single family dwellings are located. Platting shall be permitted, but shall not be required, with respect to portions of Subarea A and Subarea B upon which Townhomes and/or non-residential buildings are located; provided, however, that so long as the proposed plat complies with the area requirements set forth in Section above for commercial development in Section above for residential development, the creation, by reason of platting, of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified above in Section and/or Section ~, whichever is applicable, for the entirety of the Real Estate. Provided, further, that the development of any parcel shall conform to the Development Plans which are approved or amended per the terms of Section below, and all other applicable requirements contained in this Ordinance. 8.1 Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat applicable to Subarea A, Subarea B, or Subarea C; 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 approved DP and is in conformance with the development requirements of this 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. 8.2 Section 8.2. Amendment to Secondary Plat. An amendment to any Secondary Plat which is not determined by the Director to be a Substantial Alteration or a Material Alteration from any approved DP may be reviewed and approved solely 18 6/10/2005 Section 9. 9.1 Section 10. 10.1 by the Director. However, in the event that the Director determines that there has been a Substantial Alteration or Material Alteration from the approved DP, the Director may, at the Director's discretion, refer the amended Secondary Plat to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. Approval Process: Approval or Denial of the Primary Plat/Development Plan. m~ Conceptual Plan. Exhibit "B", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "Conceptual Plan"). The Conceptual Plan allocates the Real Estate into Subarea A ("Subarea A") and Subarea B ("Subarea B") and Subarea C ("Subarea C"). The Conceptual Plan has been reviewed and approved by the Plan,,.., Commission. Bo Subsequent Development Plan ("DP") approval of Subarea A - The Developer shall be required to subsequently return to the Commission for DP approval of Subarea A. Ce DP approval of Subarea B and Subarea C - The Conceptual Plan shall constitute the approved development plan for Subarea B and Subarea C and, as such, the Developer shall not be required to return to the Plan Commission for subsequent DP approval of Subarea B or of Subarea C. Do ADLS Approval of civic uses within Area A - The Developer shall be required to subsequently return to the Commission for ADLS approval of all non-residential buildings located in Area A. Eo ADLS Approval of detached single family residences and/or townhomes in Subarea B, Subarea B, and Subarea C - Attached hereto and incorporated herein by reference as Exhibit "E" are elevations of the imended architectural style for detached single family residences, and attached hereto and incorporated by reference as Exhibit "F" are elevations illustrating the intended architectural style of townhomes. The Developer shall be required to subsequently return to a Committee of the Plan Commission, for ADLS amend, to provide greater detail on the townhomes. Such ADLS approval shall be forthcoming provided that what is proposed is consistent with the terms and conditions of this Ordinance. Definitions and Rules of Construction: General Rules of Construction. The following general roles of construction and definitions shall apply to the regulations of this Ordinance: 19 6/10/2005 10.2 mo The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. g. Words used in the present tense include the past and future tenses, and the future the present. Co The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Definitions. In addition to defined words and terms found in other sections of this ~ Ordinance, the following definitions shall also apply throughout this ~ PUD: ' Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. Bo Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. C. ADLS' Architecture, design, exterior lighting, landscaping, and signage. De Alley: A private street or land providing access to garages through garage doors located in the rear of detached single family homes and/or Townhomes. Eo Building: Any structure which is greater than three (3) feet in height, measured from ground level. Fi Building Height: The vertical distance from the ground level at the main entrance to the highest ridge point of the roof structure. G. BZA: The City's Board of Zoning Appeals. He Caliper: The diameter of the tree trunk measured 6" from the top of the root ball of the tree. I. City: The City of Carmel, Indiana. J. Commission: The City's Plan Commission. K. Council: The City's Common Council. L. County: Hamilton County, Indiana. 20 6/10/2OO5 m. Ne Oo Po Qo R. Se To U. UA V. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. plan, Conceptual. A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building locations. Development Plan, Final. A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for the site. Development Requirements. Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a Final Development Plan. Developer. assigns. Indiana Land Development, LLC and its successors and Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. Homeowners Association. A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of the , and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Minor Alteration: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials. Open Space: Define Open Space to include all pond and common areas and block areas. Parcel Coverage: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any 21 6/10/2005 way to a roof, divided by the total horizontal area within the Real Estate boundaries. W, Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". Xo Right-of-Way: An area of land permanently dedicated to provide light, air and access. Y. Set Back: The least measured distance between a building or structure, excluding, however, porches, patios, and the perimeter boundary of the Real Estate. For purposes of determining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. mAe Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. BB. Townhome: A single family residence attached to one or more other single family residence(s), each having more than one (1) story. CC. Townhome Building: A structure containing Townhomes. DD. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 11. Violations. All violations of this 34.0 of the Carmel Zoning Ordinance. Ordinance shall be subject to Section 22 6/10/2005 PASSED by the Common Council of the City of Carmel, Indiana this ,2005, by a vote of ayes and nays. day of COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Ronald E. Carter, President Pro Tempore Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Richard L. Sharp ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the ,2005, at o'clock ~.M. day of Diana L. Cordray, IAMC, Clerk Treasurer 23 6/10/2005 Approved by me, Mayor of the City of Carmel, Indiana, this ,2005, at o'clock .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Charles D. Frankenberger NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 And By: Greg Gamble Land Design 135 Second Avenue North, Suite 105 Franklin, Tennessee 37064 HSJanet~lLD 121st~PUD Draft 061005.doc 24 6/10/2005 H:~Janct~ILD 121'~ ~PUD Draft 061005.doc EXHIBIT "A" Legal Description 25 6/10/2005 Exhibit B "' ~ ...... --...i G~A~TON STREET FORTUNE SITE HAHILTON COUNTY, INDIANA INDIANA LAND DEVELOIq'IENT REGULATORY PLAN exhibit B I I i i i i i COMMUNITY I:-NTI~Y SlGNA(7;E COLUMNS LOCATED ON BOTI-I SIDES Ot= ENTI;~¥ COMMUNITY L=NTI~Y SIGNAGE~ -- ~~-NT (2 - SDED) LOCATED WITNIN TIE IV~DIAN /~"~SIGNAGE LOCATION I::~_AN NTS' L - -P~E~CAST FAUX STC')~ ?~ALL CAP STON~ FASCAD~ "----- CO~U~ITY NAME (BOTM SIDES CE SiGlt) ~--------STONE TILE FIELD F~ SIGN Nr~S ~ 2~67' P~E~QAST FAUX STONE WALL CAP ~CO T¥ S~N (TO ~ACB T~A~IQ ENT~tNG CO ITY) SIGNAGE ELEVATION COLUMN NTS ~6' PBDESTt~IAN TITAIL I I ~' ~,~ASEMENT - !~ESIDeNTIAL ALLEY ~,50' ~.O.VV. ¥1BLD ~OAD ~ X_A[~I~S BOULr~VAI~D