Z-594-14 Green House Cottages of Carmel PUD Sponsors: Councilor Seidensticker
CARIVIEL, INDIANA
GREEN HOUSE COTTAGES OF CARMEL
PLANNED UNIT DEVELOPMENT
ORDINANCE Z-594-14
, 2014
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance 2
Section 2. Definitions and Rules of Construction 3
Section 3. Uses and Accessory Uses 5
Section 4. Development and Architectural Standards 5
Section 5. Landscape Requirements 7
Section 6. Lighting Requirements 12
Section 7. Signage Requirements 12
Section 8. Parking Requirements 12
Section 9. Miscellaneous Requirements and Standards 13
Section 10. Development Procedure 14
Section 11. Controlling Developer's Consent 15
Section 12. Violations and Enforcement 15
Section 13. Exhibits 16
Exhibit A. Legal Description of Real Estate
Exhibit B. Development Plan
Exhibit C. Architectural Standards
Exhibit D. Conceptual Cottage Elevations
Exhibit E. Landscape Plan
Exhibit F. Conceptual Signage
Sponsor: Councilor Seidensticker
ORDINANCE Z-594-14
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, ESTABLISHING THE GREEN HOUSE COTTAGES OF CARMEL
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.06.04 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with
the requirements of IC 36-7-4-1500 et. seq. (the "PUD Statute");
WHEREAS, Green House Cottages of Carmel L.L.C., an Indiana limited liability
company ("GHCC"), submitted an application to the Carmel/Clay Plan Commission (the "Plan
Commission") to adopt a PUD District Ordinance for certain real estate located in the City of
Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the "Real
Estate");
WHEREAS, GHCC's application is consistent with the provisions of the Zoning
Ordinance and the PUD Statute;
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
the Zoning Ordinance, the Plan Commission conducted a public hearing concerning GHCC's
application for a PUD District Ordinance on July 15, 2014 at 6:00 p.m.;
WHEREAS, the Plan Commission has given a favorable recommendation to the
ordinance set forth herein which establishes the Green House Cottages of Carmel Planned Unit
Development District(the"Green House Cottages District");
NOW, THEREFORE, be it ordained by the common council of the City of Carmel,
Indiana(the "Council"), that pursuant to IC 36-7-4-1500 et. seq., (i) it adopts this ordinance (the
"Green House Cottages Ordinance") as an amendment to the Zone Map, all prior ordinances or
parts thereof inconsistent with any provision of this Green House Cottages Ordinance and its
exhibits are hereby made 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 Green House Cottages Ordinance, and (iv) this Green House
Cottages Ordinance shall be in full force and effect from and after due passage and signing.
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 known as Green House Cottages District.
Section 1.2 Development in the Green House Cottages District shall be governed
entirely by (i) the provisions of this Green House Cottages Ordinance and its exhibits,
and (ii) those provisions of the Zoning Ordinance and Subdivision Control Ordinance
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specifically referenced in this Green House Cottages Ordinance. In the event of a
discrepancy and/or conflict between the Green House Cottages Ordinance and the Zoning
Ordinance or the Subdivision Control Ordinance, the provisions of this Green House
Cottages Ordinance shall apply. Any provisions of the Zoning Ordinance and/or the
Subdivision Control Ordinance not addressed herein, to the extent applicable and not
inconsistent with the terms hereof, shall be deemed incorporated herein by this reference.
Section 2. Definitions and Rules of Construction.
Section 2.1 The following general rules of construction and definitions shall apply to
the Green House Cottages Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates otherwise.
B. Any capitalized term not defined herein shall have the meaning as set forth
in the Zoning Ordinance in effect on the date of the enactment of this
Green House Cottages Ordinance.
C. Words used in the present tense include the past and future tenses, and the
future the present.
D. The word "shall" indicates a mandatory requirement, while the word
"may" indicates a permissive requirement.
Section 2.2 Definitions. Capitalized terms used in this Green House Cottages
Ordinance shall have the following definitions:
A. ADLS: The architecture, design, exterior lighting, landscaping and
signage associated with a Building.
B. ADLS Approval: Approval by the Plan Commission of architecture,
design, exterior lighting, landscaping and signage pursuant to Chapter 24
of the Zoning Ordinance and the Development Requirements.
C. Accessory Structure: A structure which is subordinate to a Building
located on the Real Estate.
D. Accessory Use: A use subordinate to the main use, located on the Real
Estate or in the same Dwelling as the main use, and incidental to the main
use.
E. Architectural Form: The Architectural Form is comprised of the
elevations and renderings attached hereto as Exhibit C, and are intended to.
generally and conceptually illustrate an application of the Development
Requirements. Architectural Form is general and not intended to delineate
the only final Dwelling designs that may be built. Dwellings shall comply
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with the Architectural Standards, but the elevations may vary from Exhibit
C.
F. Architectural Standards: The Architectural Standards incorporated in
Section 4.3 of this Green House Cottages Ordinance.
G. Building: A structure having a roof supported by columns and walls, for
the shelter, support, use as an office and/or a Cottage.
H. BZA: The Carmel Board of Zoning Appeals.
I. City: The City of Carmel, Indiana.
J. Cottage(s): Shall mean a detached skilled nursing dwelling where no
more than twelve (12) persons shall reside that is approximately 8,000
square feet of interior livable space.
K. Controlling Developer: Shall mean Green House Cottages of Carmel
L.L.C.
L. Development Plan or DP: The Development Plan attached hereto and
incorporated herein by reference as Exhibit B.
M. Development Plan Approval or DP Approval: A specific plan for the
development of the Real Estate, or any portion thereof, which is submitted
for approval, showing proposed locations of Buildings and Structures.
N. Development Requirements: Written development standards and
requirements specified in this Green House Cottages Ordinance, which
must be satisfied in connection with the approval of a Secondary Plat and
Building Permits.
O. Director: The Director of the City's Department of Community Services.
P. Masonry: Brick, stone, manufactured or synthetic stone or brick,
limestone, natural stone, and cultured stone.
Q. Material Alterations: Any change to an approved plan of any type that
involves substitution of one material, species, element, etc., for another.
R. Minor Alterations: Any change to an approved plan of any type that
involves the revision of less than ten (10%) percent of the plan's total area
or approved materials.
S. Parking Space: An area unenclosed or enclosed in a Building or in
Accessory Building, utilized for the temporary storage of one automobile
and connected with a street.
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T. Plan Commission: The City's Plan Commission.
U. Real Estate: That certain real estate located in the City, Hamilton County,
Indiana as legally described on Exhibit A attached hereto.
V. Siding: The material used for the outside of the Cottages and/or Building
which shall not be vinyl or aluminum. Acceptable Siding materials shall
be wood, LP siding, Hardiplank or similar composition fiber cement
siding materials.
W. Sign: Any type of sign as further defined and regulated by this Green
House Cottages Ordinance and Section 25.07: Sign Ordinance of the
Zoning Ordinance. Any structure, fixture, placard, announcement,
declaration, devise demonstration or insignia used for direction,
information, identification or to advertise or promote any business,
product, goods, activity, services or any interests. Please refer to the
attached Exhibit F for conceptual signage which is intended to generally
and conceptually illustrate an application of the Signage under the
Development Requirements. The signage is general and not intended to
delineate the only final Signage designs that may be installed.
X. Subdivision Control Ordinance: The City's Subdivision Control
Ordinance, Ordinance Z-160, as amended.
Y. Zone Map: The City's official Zone Map corresponding the Zoning
Ordinance.
Z. Zoning Ordinance: The City's Zoning Ordinance, Ordinance Z-289, of the
City of Carmel, Hamilton County, Indiana, as amended.
Section 3. Uses and Accessory Uses.
Section 3.1 Nursing care, memory care, convalescent facility, continuing care
retirement community and/or an administrative Office Building for the aforementioned
uses shall be permitted uses in the Green House Cottages District.
Section 3.2 All Accessory Structures and Accessory Uses allowed under the Zoning
Ordinance shall be permitted in the Green House Cottages District; provided, however,
that (i) any detached Accessory Structure shall have on all sides the same architectural
features and construction materials, and be architecturally compatible with the principal
Building(s) with which it is associated and (ii) all antennas shall be either concealed or
camouflaged by Building parapet walls, mechanical screens, or other design methods.
Section 4. Development and Architectural Standards.
Section 4.1 Bulk/Building Requirements.
A. Minimum Front Building Setback:
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i) From 126th Street: Twenty-five (25) feet.
ii) From Proposed Private Street: Twenty(20) feet.
B. Minimum Side Yard Setback: Twenty-Five (25).
C. Minimum Rear Yard Setback: Fifteen(15) feet.
D. Minimum Separation between Buildings: Twenty-Five (25) feet, except
for the Administrative Building and Cottage II which shall be a minimum
of twelve (12) feet apart.
E. Maximum Building Height: Thirty-five feet (35) feet.
F. Minimum Gross Floor Area(exclusive of porches,terraces and garages):
i) Cottages: Minimum of Eight Thousand (8,000) square feet.
ii) Administrative Office Building: One Thousand Seven Hundred-
Fifty (1,750) square feet.
Section 4.2 Concept Plan. Exhibit B attached hereto constitutes the Conceptual
Development Plan. The Real Estate shall be developed per the layout shown on the
Conceptual Development Plan.
Section 4.3 Exterior Lighting. Exterior, Cottage and Street lighting when provided,
shall meet all applicable City standards and per the Zoning Ordinance be reviewed by the
City. Street lighting shall be located in the street right-of-way and/or other reasonable
locations and street lighting shall (i) be confined to intersections and (ii) meet all
applicable City standards and be reviewed by the City. Applicable lighting requirements
are contained in Section 6 of this Green House Cottages Ordinance.
Section 4.4 Landscaping. Applicable landscape requirements are contained in Section
5 of this Green House Cottages Ordinance.
Section 4.5 Parking. Applicable parking requirements are contained in Section 8 of
this Green House Cottages Ordinance.
Section 4.6 Signage. Applicable signage requirements are contained in Section 7 of
this Green House Cottages Ordinance.
Section 4.7 Additional. Applicable additional standards and requirements are
contained in Section 9 of this Green House Cottages Ordinance.
Section 4.8 Architectural Standards. The Architectural Standards attached hereto as
Exhibit C shall apply to all improvements constructed, installed, repaired or maintained
on the Real Estate. The exterior of Cottages shall be similar to the Conceptual Character
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Imagery of the Cottages as shown on the conceptual Cottage elevations attached hereto as
Exhibit D.
Section 5. Landscape Requirements.
Section 5.1 General Landscaping. Landscaping shall be integrated, where appropriate,
with other functional and ornamental site design elements (e.g. hardscape materials,
entryway signage, paths, sidewalks, natural areas, fencing or water features). A detailed
landscape plan showing the size, location and variety of all plantings outside of the
boundaries of a Lot shall be submitted and approved as part of the Secondary Plat for the
portion of the Real Estate that is the subject of the Secondary Plat. Landscaping shall
comply with the following general standards:
A. Landscaping should be designed with structured patterns and
complementary textures and colors. Alternate or pervious paving
materials or alternative planting media may be allowed where planting
space is limited or where otherwise warranted by site design.
B. All plantings shall meet the following specifications:
i) Planting shall occur according to the American Standard for
Nursery Stock (ANSI Z60.1), and all trees shall be selected from
the Carmel Recommended Tree List published by the City's Urban
Forestry Program. Landscaping materials shall be appropriate to
local growing and climatic conditions. Plan suitability,
maintenance and compatibility with site constriction features are
factors that shall be addressed. The City's planting details shall be
used.
ii) Shade trees shall have a minimum width of two and one half(2.5)
inches caliper at planting.
iii) Ornamental trees shall have a minimum width of one and one half
(1.5) inches caliper at planting.
iv) Evergreen trees shall have a minimum height of six (6) feet at
planting.
v) Shrubs shall have a minimum height of eighteen (18) inches at
planting.
C. Subject to the approval of the Urban Forester, existing vegetation may be
used to achieve required landscaping if(i) it is of suitable quality, size and
state of health to achieve required landscaping, and (ii) the method of
preservation utilizes best management practices for tree protection during
construction. Any preservation of existing vegetation shall constitute an
in-kind credit against the landscaping requirements of this PUD
Ordinance.
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D. All landscaping approved as part of the Secondary Plat shall be installed,
weather permitting, prior to issuance of a Certificate of Occupancy for the
first Building constructed on the portion of the Real Estate that is the
subject of the Secondary Plat. If it is not possible to install the approved
landscaping because of weather conditions, a temporary Certificate of
Occupancy, which shall be conditioned upon a specified time to complete
the installation of all uninstalled landscape material,may be requested.
E. All landscaping approved as part of the Secondary Plat shall not be
substantially altered, eliminated or sacrificed without first obtaining
further Plan Commission approval. However, both Minor Alterations and
Material Alterations in landscaping may be approved by the Director or
his or her designee in order to conform to specific site conditions.
F. All landscaping shall be properly maintained, which shall include the
replacement of dead plantings with identical varieties or suitable
substitute, mulching of planting areas, and keeping the landscaped areas
free of refuse, debris,rank vegetation and weeds.
Section 5.2 Conflict with Utilities. Notwithstanding anything herein to the contrary,
no tree shall be planted in conflict with drainage or utility easements or structures,
underground detention(unless so designed for that purpose), or other rules, regulations or
ordinances of the City. However, where the logical location of proposed utilities would
compromise the desired effect, the Controlling Developer may solicit the aid of the City's
Urban Forester in mediating an alternative.
Section 5.3 Landscape Plan. A full landscape plan shall be submitted with the ADLS
application. The landscape plan shall include, at a minimum,the following:
A. Location and spacing of existing and proposed plant material.
B. Types of plant material identified by botanical and common names.
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C. Size of material, in diameter and height, at installation and maturity.
D. Quantity of each of the planting materials to be installed.
E. Methods of protecting landscaped areas.
F. Not less than twenty (20) percent of the Real Estate shall be allocated to
and shall remain in open space in perpetuity.
Section 5.4 Perimeter Bufferyard. A perimeter bufferyard shall be installed along the
boundaries of the Green House Cottages District. The perimeter bufferyards shall be as
follows:
A. The perimeter bufferyard for the northern boundary of the Green House
Cottages District shall be a minimum of thirty (30) feet in width, and for
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each one hundred (100) lineal feet of the bufferyard shall contain not less
than three (3) shade or evergreen trees, not less than two (2) ornamental
trees and not less than fifteen (15) shrubs. Drainage shall be permitted
within the perimeter bufferyard along such northern boundary perimeter.
B. The perimeter bufferyard for the eastern boundary perimeter shall be a
minimum of fifteen (15) feet in width, and for each one hundred (100)
lineal feet of the bufferyard shall contain not less than seven (7) shade or
evergreen trees, not less than three (3) ornamental trees and not less than
twenty-five (25) shrubs. Drainage shall be permitted within the perimeter
bufferyard along such eastern boundary perimeter.
C. Except for the western bufferyard of Cottage III, the perimeter bufferyard
for the western boundary perimeter shall be a minimum of fifteen(15) feet
in width, and for each one hundred (100) lineal feet of the bufferyard shall
contain not less than seven(7) shade or evergreen trees, not less than three
(3) ornamental trees and not less than twenty-five (25) shrubs.
Notwithstanding anything contained herein to the contrary, the perimeter
bufferyard west of Cottage III shall be five (5) feet and the Foundation
Plantings required per Section 5.5 shall be allowed to be incorporated into
the perimeter bufferyard. Drainage shall be permitted within the perimeter
e tern boundary
bufferyard along s uch w s erimeter.perimeter.
The perimeter bufferyard along the southern boundary (the entire 126th
Street frontage) shall be a minimum of fifteen (15) feet in width, and for
each one hundred (100) lineal feet of the bufferyard shall contain not less
than seven (7) shade or evergreen trees, not less than three (3) ornamental
trees and not less than twenty-five (25) shrubs.
E. Perimeter Bufferyard Landscaping within Drainage Easements: Along the
entire 126th Street frontage, all plantings within the drainage easement
and/or overlapped bufferyard shall count toward the bufferyard
landscaping requirements contained herein Section 5 of this Green House
Cottages Ordinance. Trees planted within the drainage easement shall be
located such that there will be a separation from tree to drainage
infrastructure equal to the radius of the drip line at maturity or fifteen (15)
feet,whichever is greater.
Existing vegetation may be applied towards perimeter bufferyards. Drainage
improvements shall be permitted within the perimeter bufferyards described above in this
Section 5.4 and elsewhere in this Green House Cottages Ordinance, conditioned upon
conformance to Section 10 below.
Section 5.5 Foundation Plantings.
A. Landscaping shall be installed along all sides of the Cottage(s).
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B. Within the foundation planting areas required hereinabove Section 5.5(a)
the following shall apply:
i) The primary landscape materials used shall be shrubs, and
ornamental grasses.
ii) Spacing for foundation shrubbery shall not exceed five (5) foot
intervals except were occupied by a sidewalk driveway or
impervious surface.
iii) Sidewalks, patios and/or terraces are permitted in foundation
planting areas, but shall not occupy the entire planting area on any
side of the Cottage(s).
Section 5.6 Parking Lot Planting.
A. Parking lot perimeters shall be landscaped on all sides.
B. A minimum of one (1) shade tree and five shrubs shall be planted for
every ten(10)parking spaces provided.
Section 5.7 Screening Areas. Screening and landscaping shall prevent direct views of
loading areas and ground mounted mechanical/telecommunication equipment from the
street or public rights of way. Screening and buffering shall be achieved through walls
(that should be architecturally compatible with the building materials), fences and
landscaping.
Section 5.8 Street Trees.
A. Large growing street trees shall be planted within the public right-of-way,
parallel to each street, in planting strips. Street trees shall be planted a
minimum of twenty-five (25) feet and a maximum of forty (40) feet on
center and are not required to be evenly placed.
B. Street tree species shall be selected from the City's published list of
recommended street trees.
Section 5.9 Tree Preservation. Tree Preservation Areas shall be regulated and well
maintained in accordance with the following; however the Tree Preservations Areas shall
be subject to the rights of all utility and drainage easements therein:
A. The following best management practices should be implemented with
respect to Tree Preservation Areas:
i) Removal of invasive species (e.g. bush honeysuckle) where
appropriate, including the use of professionals to apply herbicides
or identify and remove such invasive species.
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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) All maintenance activity shall be completed in accordance with
industry standards using the latest ANSI Z133.1 and A-300
approved practices and methods.
B. The following activities shall be permitted within Tree Preservation Areas:
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 agencies or departments or by a public utility.
iv) Installation of access easements, rights-of-way, streets, paths,
trails, sidewalks, utilities and drainage improvements and minor
pedestrian area improvements (e.g. benches,trash receptacles).
v) Community or common areas; provided any such use shall be
designed to avoid unnecessary impact or damage to Tree
Preservation Areas.
C. The following activities shall be prohibited within Tree Preservation
Areas:
i) Removal of living vegetation except as otherwise permitted in this
Section 5.3.
ii) Mowing any portion of existing, naturally vegetated areas, except
along trails,points of access or gathering points.
iii) Dumping of leaves or other debris from areas other than the Tree
Preservation Area.
iv) Seeding, including grass seed,prairie mix seed, sod or the planting
of any type of vegetable garden unless otherwise approved by the
City's Urban Forrester.
vi) Active recreational activities that would adversely impact the Tree
Preservation Area such as the placement of playground equipment,
paving for basketball or tennis courts and swimming pools.
D. The following shall be required for all Tree Preservation Areas:
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i) Signs identifying the Tree Preservation Area shall be posted every
five hundred(500) feet around the perimeter of all Tree
Preservation Areas.
ii) Barriers shall be utilized during site development and earth moving
activities,which shall be specified on landscape plans. Such
barriers shall remain in place during the site's construction activity.
Section 6. Lighting Requirements.
Section 6.1. Street Lights. Street lighting when provided, shall be confined to
intersections and vehicular access points, shall meet all applicable City standards and
shall be reviewed and approved by the City.
Section 6.2. Site Lighting. All site lighting accessory to uses within the Real Estate
shall comply with the following standards.
A. All site lighting is subject to ADLS approval. No lighting that has been
approved by the Plan Commission may later be substantially altered or
eliminated without first obtaining further approval from the Plan
Commission or a committee thereof. However, Minor Alterations of
lighting may be approved by the Director or the Director's designee.
B. All site lighting shall be coordinated throughout the Real Estate and be of
uniform design and materials.
C. Exterior lighting of the Buildings and/or Cottages shall be located so that
(i) light is not directed off the site and (ii) the light source is shielded from
direct offsite viewing.
D. Exterior lighting shall be architecturally integrated with the Building
and/or Cottages style,material and color.
E. All exterior ground-mounted architectural, display and decorative lighting
shall be generated from concealed, low level fixtures.
F. Light fixtures in parking areas shall not exceed twenty-five (25) feet in
height.
G. All Building, Cottage(s) and pole mounted fixtures shall have 90-degree
cut off and/or flat lenses. Building accent/facade lighting shall be exempt
from this provision.
H. Ground mounted lighting fixtures are permitted within areas designated
for perimeter buffering.
Section 7. Signage. All signage on the Real Estate shall comply with Chapter 25.07 of the
Zoning Ordinance, as revised, supplemented and amended by this Section 7 of the Green House
Cottages Ordinance, subject to ADLS Approval.
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Section 7.1. Wall Signs:
A. Cottages:
1. Wall signs shall be permitted with a maximum of one (1)permitted on
the façade facing the roadway adjacent to the Cottages front door.
2. Maximum Area: Signs not to exceed ten(10) square feet each, located
on the upper building façade.
B. Administrative Office Building:
1. Wall signs shall be permitted with a maximum of one (1)permitted on
each façade facing the public street.
2. Maximum Area: Signs not to exceed ten(10) square feet each, located
on the upper building façade.
Section 7.2. Ground Signs:
A. Shall not exceed thirty (30) square feet.
B. One (1) Ground Sign shall be permitted for the Administrative Office
Building.
C. One (1) Ground Sign shall be permitted at each point of ingress/egress.
D. Maximum Height: Six (6) feet as measured from the base of the sign to the
top of the sign area.
Section 8. Parking Requirements.
Section 8.1 Automobile Parking.
A. Except as provided herein this Section 8, the requirements set forth in
Section 27.03 and 27.05 of the Zoning Ordinance shall apply in
determining the standards applicable to parking spaces. Parking spaces
shall be provided in the following manner:
i) A minimum of Seventy-Seven (77) parking spaces shall be
provided on the Real Estate; and •
ii) Any additional parking deemed to be necessary for special events
or for operations shall be either on site replacing in open space
areas or provided offsite.
B. Parking areas shall be interconnected by internal driveway and
coordinated to accommodate pedestrian access.
Section 8.2. Service Area Requirements. Service areas shall be of a size, configuration
and distribution shown on the approved DP.
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Section 8.3. Bicycle Parking and Building Amenities. A total of five (5)bicycle
parking spaces shall be provided in compliance with Article 27.06.03 of the Zoning
Ordinance.
Section 9. Miscellaneous Requirements and Standards.
Section 9.1 Site Access. The number and configuration of vehicular access drives into
the Real Estate shall be provided as illustrated on the DP.
Section 9.2 Right-Of-Way Widths/Cross Sections.
A. The half right-of-way width for 126th Street shall be fifty (50) feet.
B. All interior streets shall be private and have a minimum right-of-way
width of thirty (30) feet.
Section 9.3 Sidewalks/Paths.
A. Sidewalks internal to the Green House Cottages District shall be installed
along both sides of all street frontages. Construction of sidewalks on or
directly adjacent to Cottages shall be done as part of the construction of
the Cottages. Sidewalks along a street frontage that are not on or directly
adjacent to a Cottage shall be installed as part of the development of each
section according to the DP. Sidewalks shall comply with the current
sidewalk standards for the City and shall be not less than five (5) feet in
width.
B. All sidewalk or path intersections shall include ADA compliant ramps and
crosswalks.
Section 10. Development Procedure.
Section 10.1 Approval of the Development Plan and ADLS. The Development Plan
("DP") shall be reviewed and approved via the DP/ADLS process by the Commission as
prescribed in Chapter 24 of the Zoning Ordinance. Therefore a DP/ADLS approval shall be
required prior to issuance of an Improvement Location Permit for this Green House Cottages
Ordinance.
Section 10.2 Modification of Development Requirements (Zoning Waiver).The Plan
Commission may, after a public hearing, grant a Zoning Waiver of any of the
dimensional standards by less than ten (10) percent of the specified standard. Any
approval of such waiver is subject to the following criteria:
A. The proposal shall be in harmony with the purposes and land use
requirements contained in the Green House Cottages Ordinance.
B. The proposal shall complement the overall DP and the adjoining
streetscapes and neighborhoods.
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C. The proposal shall not produce a site plan or street/circulation system that
would be impractical or detract from the appearance of the PUD District,
and must not adversely affect emergency access in the area.
Section 10.3 Variances of Development Requirements. The BZA may authorize
Variances from the terms of the Green House Cottages Ordinance, subject to the
procedure prescribed in Chapter 30 of the Zoning Ordinance.
Section 11. 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 Real
Estate;
B. Sign permits for any Signs within the Real Estate;
C. Building permits for any Buildings within the Real Estate;
D. DP, ALDS, Primary Plat or Secondary Plat approval for any part of the
Real Estate; and
E. Any text amendments, variances, modifications of development
requirements or other variations to the terms and conditions of this Green
House Cottages Ordinance.
Section 12. Violations and Enforcement. All violations and enforcement of this Green
House Cottages Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Section 13. Exhibits. All of the Exhibits (A-F) on the following pages are attached to this
Green House Cottages Ordinance, are incorporated by reference into this Green House Cottages
Ordinance and are part of this Green House Cottages Ordinance.
[The remainder of this page has been intentionally left blank]
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Exhibit A
Legal Description of Real Estate
A part of the Southwest Quarter of the Southwest Quarter of Section 30 and a part of the
Northwest Quarter Section 31, Township 18 North, Range 4 East, located in Clay Township,
Hamilton County, being the Blackwell Development Partners, LLC property described in
Instrument No. 2013002580 and Thomas W. and Sue B. Steinhart property described in
Instrument NO. 200400071625 both in the Recorders Office of Hamilton County, Indiana and
more particularly described as follows,to-wit;
Commencing at the Southeast corner of said Southwest Quarter of the Southwest Quarter of
Section 30 thence run along the South line of said Quarter section, North 89"50'12" West (state
plane bearing), 137.00 feet to the Point of Beginning of the herein described tract; Thence along
the East line of said Blackwell Development Partners LLC property, North 00"00'11" East
522.50 feet to the Northeast Corner of said property, said point being on the South line of the
Carmelaire Subdivision recorded in Plat Book 4, Page 97; Thence along the North lines of said
properties and the South line of said Subdivision, North 89"50'12" West, 305.50 feet to the
Northwest corner of said Steinhart property; thence along the West line of said Steinhart
property, South 00"00'11" West, 664.31 feet to a 5/8" capped rebar with orange cap stamped
"TD HALL LS20500017" (herein after referred to as "capped rebar") on the North right-of-way
line of 126th Street; following four (4) courses: 1) South 89"54'01" East 95.07 feet to a capped
rebar; 2) South 82"04'04"East, 57.57 feet to a capped rebar; 3)North 77"21'32"East, 38.55 feet
to a point on a curve to the left, having a radius of 485.87 feet, marked by a capped rebar; 124.45
feet to a capped rebar on the East line of said Blackwell property; thence North 00"00'11 East,
94.20 feet to the Point of Beginning, containing 4.61 acres,more or less.
Subject to all easements and rights-of-way of record.
16
Exhibit B
Concept Plan
GREEN HOUSE COTTAGES
OF CARMEL L. L. C .
CONCEPTUAL LAYOUT
ED D m 60
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30'TREE PRESERVATION AREA
7 SOLE:r_
20'LANDS—CAPE AREA
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HOUSE HOUSE
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PROVIDED PAI60NG SPACES
ON-SIE SURFACE ONCWDNG 4 5Wd0AP SPACES)= 53 SPACES , I LL —
ON-STE DRIVEWAY = 12 SPACES
ON-S1E GARAGE _ 12 SPACES 0 I /
TOTAL SPACES PROVIDED = 77 SPACES
OPEN SPACE 15IM % PREPARED BY:
TOTAL AREA =208617 ST
OPEN SPACE AREA = 04,682 ST .I �
S OPEN SPACE = 47.1 2 0 P
A;
- - --- ,-1126TH STREET -
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CROSSROAD
ENtIIVEERE,PC
Transportation&
Development Consultants
7417 S SEMVR DR BDSH GEM N 45107 DM 780-1555
JULY23,2014
Exhibit C
ARCHITECTURAL STANDARDS
1) Maximum Livable Square Footage:
Cottage: 8,000 SF, 1 story building
2) Minimum Roof Pitch:
Front to back: 5/12
Front gables: 8/12
Note: Ancillary roofs such as porches, bays or walkways may be less than the
minimum requirement.
3) Roof Overhangs:
Minimum framed front and rear overhang: 12 inches
4) Corner Breaks:
Each home shall have a minimum of three (3) corner breaks on the front façade and
two (2) corner breaks on the rear facade. The exterior corners of a covered porch,the
outermost corners of the home, and a projection with a height of no less than six (6)
feet shall count toward this requirement.
5) Equipment Vents:
All vents shall attach to the rear or side of the home to reduce visibility from the
street.
6) Windows:
Window type shall be vinyl,vinyl clad, aluminum clad or wood and there shall be a
minimum of two (2)windows per façade per level. Windows shall be double hung
windows and should be trimmed in wood or other applicable material that matches
the building design.
7) Garages:
All Cottages may have a minimum two-car attached garage. If the garage is front
loading, it shall have a decorative garage door. For all side load garages,the side of
the garage that faces the street shall not protrude from the farthest point of the front
elevation of the home.
8) Masonry Requirements:
Acceptable Masonry materials include the following: brick, stone, manufactured or
synthetic stone or brick, limestone, natural stone, cultured stone. Stucco and EIFS
may be used as an alternative to the aforementioned Masonry materials,but stucco
and EIFS may only be used from 5' off of the ground and above. The Cottages and
Administration building will have at a minimum a brick wrap from grade level to 2'
off the ground.
9) Siding Requirements:
A. No vinyl or aluminum siding shall be permitted.
B. Acceptable siding materials shall be wood, LP siding, Hardiplank or similar
composition fiber cement siding materials.
C. No siding shall be allowed within 2' from the ground.
10) Miscellaneous:
A. All driveways shall be concrete; asphalt is not permitted.
B. Public sidewalks are required to connect to Cottages and shall be a minimum
width of 5'.
C. Chimneys shall not be shed or cantilevered.
Exhibit D
Conceptual Home Elevations
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Exhibit E
Landscape Plan
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Exhibit F
Conceptual Signage
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. .ENT.RANCE .DETAIL . - -
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This Ordinance shall be effective upon its passage by the Council and approval by the Mayor of
the City, in accordance with Indiana Code 36-4-6 et seq.
r`k
� 1 ADOPTED by the Common Council of the City of Carmel, Indiana this 3 day of
Iv 0tie s.,,, -er 2014, by a vote of 7 ayes and 0 nays.
COMMON COUNCIL FOR THE C )( OF CA' L de
/7/ i
_ ,-,111P .
Presidin' ic-'r evinD. Rider
ey_,e_1(12.er
W. Eri :eidens cker 'resident Prb Tempore Carol Schle.
, /. /
Rip . Carter, Richard 12 Sharp
Apinkam Luci 'nyder
ATTEST: . ._
Diana L. Cordray, IAMC, Clerk-Tr .urer
h0 __ 11
Presented by me to the Mayor of the City of Carmel, Indiana this day of Iv
2014, at': `fv _ .M.
&LAX i " 1
1
Diana L. Cordray, IAMC, Cler,- reasurer
Approved by me, Mayor of the City of Carmel, Indiana,this 3h day of I�1
2014, at g:'40 -e.M.
J es Brainard, Mayor
ATTEST:
AL)?1,
e / /4
Diana L. Cordray, IAMC, Clerk-Tre 4(" er
Prepared by: Andrew S. Greenwood, Esq.
1132 South Rangeline Road, Suite 200
Carmel, IN 46032
317-341-5909
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c-) A&F ENGINEERING TRANSPORTATION
PARKING LEOT DESGNG•TRANSPORTATION PLANNING STUDIES
CONSTRUCTION OBSERVATION•SITE ENGINEERING
Transportation & Site Engineering REGISTRATION
INDIANA
Creating Order Since 196E ILLINOIS
IOWA
WILLIAM J.FEHRIBACH,P.E. KENTUCKY
OF COUNCIL MICHIGAN
STEVEN J.FEHRIBACH,P.E. OHIO
PRESIDENT MISSOURI
FLORIDA
JOSEPH T.RENGEL,P.E.
VICE PRESIDENT
R.MATTHEW BROWN,P.E.
VICE PRESIDENT
MEMORANDUM
DATE: 7/25/2014
TO: Andrew Greenwood
Old Town Development
FROM: Matt Brown, PE/PTOE
Vice President
A&F Engineering Co., LLC
RE: Greenhouse Cottages of Carmel
A&F Engineering has conducted a cursory review and analysis of a conceptual site plan for the
proposed Greenhouse Cottages of Carmel nursing home development that will be located along
126th Street just east of Rangeline Road. The purpose of this review and analysis was to estimate
the future traffic impacts that could be expected along 126th Street due to this development.
The following summarizes the results of our review and analysis:
• The conceptual plan includes a nursing home with 72 beds with a single access along
126th Street that aligns with Oswego Road to the south.
• A&F Engineering collected AM Peak, PM Peak and 24-Hour weekday traffic volume
counts along 126th Street near Oswego Road. The following table summarizes these
counts.
AM PEAK HOUR PM PEAK HOUR 24-HOUR WEEKDAY
1,080 1,220 13,141
• AM peak hour,PM peak hour and 24-hour weekday trip estimates were calculated for the
proposed site according to data published in the ITE Trip Generation Manual. These
trips were compared to the existing traffic counts along 126th Street to estimate the
percent increase in traffic that will occur once the proposed Greenhouse Cottages of
Carmel development is fully occupied. This comparison showed that traffic during the
8368 KEYSTONE CROSSING,SUITE 201 --INDIANAPOLIS, INDIANA 46240
TELEPHONE (317) 202.0864 —FAX(317) 202-0908
ICA&F ENGINEERING
Transportation & Site Engineering
e Order sa nee
peak hours and over a typical weekday will increase by approximately 1.5% when the
proposed development traffic is added to 126th Street.
• A capacity analysis was performed along 126th Street using the existing traffic data. This
analysis showed that 126th Street currently operates at level of service D during the AM
peak hour and level of service E during the PM peak hour between Rangeline Road and
Auman Drive. When the additional traffic from the proposed Greenhouse Cottages of
Carmel project is added to 126th Street these levels will not change.
• Current traffic count data and analysis shows that 126th Street operates with a volume to
capacity (v/c) ratio of .54 during the weekday peak hour. A v/c of 1.0 represents a
roadway that is at capacity and theoretically would not be able to accommodate
additional traffic. The current conditions (.54) indicate that the roadway is at 54%
capacity. Traffic projections show that when the traffic from the proposed Greenhouse
Cottages of Carmel project is added the v/c will only slightly increase to .55 (55%
capacity) during the peak hour.
• Based on the projected traffic volumes generated by the proposed development no more
than ten vehicles will enter this site from 126th Street during any one hour. Therefore
additional turn lanes along 126th Street are not needed to accommodate this incremental
increase in traffic.
Based on the existing traffic counts and the projected traffic volumes, it is concluded that the
Greenhouse Cottages of Carmel project will not have a significant traffic impact along 126th
Street.
If you have any questions regarding the information summarized in this memorandum please
feel free to contact A&F Engineering.
8365 KEYSTONE CROSSING, SUITE 201 —INDIANAPOLIS, INDIANA 46240
TELEPHONE(317) 202.0864 — FAX(317) 202.0908
Green House Cottages of Carmel L.L.C.
Parking Summary and Detailed Analysis
Please find below the details that are the basis for the parking requirements for the Green House
Cottages of Carmel L.L.C. The Green House Cottages of Carmel are an innovative grouping of
six(6) cottage style skilled nursing homes designed for no more than twelve (12) individuals in
each cottage with a maximum of seventy-two (72)total elders (residents)to be located at
130/140 East 126th Street in Carmel. On-site we are projecting approximately seventy-seven
(77)parking spaces. The elders (residents) of the nursing home/cottages historically either do
not drive,no longer have their driver's licenses or are not physically capable of driving;therefore
the numbers of parking spaces needed on site are limited to employees,vendors and visitors.
The operational model for the Green House Cottages of Carmel L.L.C., is designed for the staff
to work in three different shifts with certain positions staggering their shift changes in order to
insure that all elders (residents) are properly supervised and all state regulations for oversight are
met and/or exceeded. First shift will run from approximately 7-8am to 3-4pm,with second shift
running from 3-4pm to 11pm and third shift lasting from 1 1pm to lam. In addition there will be
regulated visiting hours when the public at large can visit the nursing home/cottages which will
be intentionally set after the morning shift changes in order to minimize congestion not only
within the cottages but also on the site. Consequently, except in the case of special events,the
maximum number of employees on site would be during the afternoon shift change and would be
approximately forty-three(43) employees.
Most vendors will be on site no more than once or twice a week and those vendors who are
onsite more frequently will coordinate drop-offs and deliveries at times that minimize congestion
and operational issues. For example the pharmacy will deliver bulk pharmaceutical drop offs in
the evening hours after mealtimes. In summary other than special events (ex: Easter Egg Hunt
for elders family members)there will be approximately thirty-four(34)plus parking spaces
available on-site for visitors of the maximum seventy-two (72)patients. In order to exceed the
on-site capacity more than forty-seven(47%)percent of the elders would have to have visitors
with vehicles parking at the same exact time as our maximum shift change in the afternoon,
which based on historical data is highly unlikely, except during a special event.
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-594-14
Green House Cottages PUD Rezone
To: The Honorable Common Council
Of the City of Carmel
Hamilton County,Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket
No. 14050013 —PUD Rezone), for approval to rezone 4.61 acres from R-2/Residence to
PUD/Planned Unit Development.
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of September 16, 2014, the Carmel Plan Commission
voted Ten (10) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-594-14 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-608(f), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Thursday December 18, 2014.
CARMEL PLAN J`
COMMISSION
BY: SI'Lt�`�Vl 1"(.b{'Yl q (k t 6+ / V-1&_V-1&_
Steven R. Stromquist, President
ATTEST:
11/3/(A_ 04.1)-1--)_z)
Lisa Motz, Secretary d ;b I d3S hill/
Cannel Plan Commission
Dated: September 19, 2014