Z-621-16 Clay CornerSponsors: Councilor Kimball
CARMEL, INDIANA
Clay Corner
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-621-16
December 27, 2016
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance.............................................................................................. 3
Section 2. Definitions and Rules of Construction..........................................................................
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Section 3. Accessory Structures and Uses......................................................................................
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Section 4. Development and Architectural Standards.....................................................................
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Section 5. Common Area Requirements....................................................................................10
Section 6. Landscaping Requirements........................................................................................10
Section 7. Signage Requirements...............................................................................................15
Section 8. Additional Requirements and Standards......................................................................15
Section 9. Procedural Provisions...............................................................................................16
Section 10. Controlling Developer's Consent.............................................................................17
Section 11. Violations and Enforcement.....................................................................................17
Section12. Exhibits.....................................................................................................................18
Exhibit A. Legal Description
Exhibit B. Development Plan / PrimM Plat
Exhibit C. Architectural Character Imagery — Area A and Area B Lots
Exhibit D. Architectural Character Imagery — Area C lots
Exhibit E. Subdivision Entryway/Residential Complex Sign Character Imagery
Exhibit F. Playground Equipment Concept Imagery
Note: All of the above Exhibits (A -F) are attached to this Clay Corner Ordinance, are
incorporated by reference into this Clay Corner Ordinance and are part of this Clay Corner
Ordinance.
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Sponsors: Councilor Kimball
ORDINANCE Z-621-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE CLAY CORNER
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Clay Corner Planned Unit Development District Ordinance (the
"Clay Corner PUD'). The Ordinance would rezone the real estate from S-1 Residential to a
Planned Unit Development district allowing the development of a residential neighborhood laid
out in the same style and character as the Village of West Clay which includes homes of the same
architectural style as those constructed today within the village.
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development
District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and
WHEREAS, the Plan Commission has given a favorable recommendation to this PUD
district ordinance considered under Plan Commission docket number 16060020 Z (the "Clay
Corner Ordinance"), which establishes the Clay Corner Planned Unit Development District (the
"Clay Corner District") with respect to the real estate legally described in Exhibit A (the "Real
Estate").
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7-
4-1500 et seq., the Council adopts this Clay Corner Ordinance, as an amendment to the Zone
Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Clay Corner
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 Clay Corner Ordinance, and (iv) this Clay Corner
Ordinance shall be in full force and effect from and after its 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 to be known as the Clay Corner District.
Section 1.2 Development in the Clay Corner District shall be governed entirely by (i)
the provisions of this Clay Corner Ordinance and its exhibits, and (ii) those provisions of
the Zoning Ordinance and Subdivision Control Ordinance specifically referenced in this
Clay Corner Ordinance.
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Section 2. Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the Clay Corner Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" indicates a mandatory requirement. The word "may"
indicates a permissive requirement.
Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in
this Section 2.2, as they appear throughout this Clay Corner Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Clay Corner Ordinance and not defined below in this Section 2.2, shall be
the same as set forth in the Zoning Ordinance.
Accessory Structure: A structure which is subordinate to a Dwelling or use
located on the Real Estate and which is not used for permanent human occupancy.
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.
Area A Lots: Lots numbered 56 thru 64 and lots numbered 72 to 76 on the
Development Plan.
Area B Lots: Lots numbered 65 thru 71 on the Development Plan.
Area C Lots: Lots numbered 1 thru 55 on the Development Plan.
Architectural Character Imaged: These comprise the elevations and photographs,
attached hereto as Exhibit C (Architectural Character Imagery — Area A and Area
B Lots) and Exhibit D (Architectural Character Imagery — Area C Lots), and are
intended to generally and conceptually illustrate an application of the
Development Requirements. Architectural Character Imagery is general and not
intended to delineate the only final Dwelling designs that may be built. Dwellings
will comply with the Architectural Standards but may vary from the Architectural
Character Imagery provided all applicable Architectural Standards are met.
Architectural Standards: The Architectural Standards incorporated herein under
Section 4.7 - Architectural Standards.
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Building: A structure having a roof supported by columns and walls, for shelter,
support, or a Dwelling.
BZA: The Carmel Board of Zoning Appeals.
City: The City of Carmel, Indiana.
Common Area(s): Common Areas shall comprise a parcel or parcels of land,
areas of water, or a combination of land and water, including flood plain and
wetland areas located within the Real Estate and designed by the Controlling
Developer. Except as otherwise provided herein, Common Areas do not include
any area which is divided into individual Dwelling lots or streets. Common Areas
shall be in the areas identified on the Exhibit B (Development Plan/Primary Plat).
Controlling Developer: Shall mean East Village, LLC until such time as East
Village, LLC transfers or assigns, in writing, its rights as Controlling Developer
such as to an Owners Association.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions, if any, applicable to the Real Estate, or any portion thereof, which
shall be prepared and recorded by the Controlling Developer in its discretion in
the office of the Recorder of Hamilton County, Indiana, and which may, from
time to time, be amended.
Development Plan / PrimM Plat: The Development Plan / Primary Plat (DP/PP)
attached hereto and incorporated herein by reference as Exhibit B (Development
Plan / Primary Plat) is the plan under which the Real Estate will be developed and
which is, upon approval, the Primary Plat of the Real Estate.
Development Requirements: Written development standards and any written
requirements specified in this Clay Corner Ordinance, which must be satisfied in
connection with the approval of the Secondary Plat and Building Permits.
Dwelling: A detached single-family residence or a Building.
Legal Description: The description of the Real Estate included in Exhibit A.
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Plan Commission: The City's Plan Commission.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Sign: Any type of sign as further defined and regulated by this Clay Corner
Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance.
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Subdivision Control Ordinance: The City's Subdivision Control Ordinance,
Ordinance Z-160, as amended.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of
Carmel, Hamilton County, Indiana, as amended.
Section 3. Accessory Structures and Uses. All Accessory Structures and Accessory Uses
allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the Clay
Corner District; unless prohibited in the Declaration(s) of Covenants; provided, however, that
any detached Accessory Structure shall have on all sides the same level of architectural features
and shall be architecturally compatible with the principal building(s) with which it is associated.
All Accessory Structures and Accessory Uses shall be subject to the provisions of the Zoning
Ordinance.
Section 4. Development and Architectural Standards.
Section 4.1 Permitted Uses:
A. Single-family Dwellings.
B. Common Areas.
C. Model Home.
D. There shall be no more than seventy-six (76) Dwellings permitted within the
Real Estate.
Section 4.2 Bulk Requirements:
A. Area A Lots:
1. Minimum Lot Area: Ten Thousand (10,000) square feet.
2. Minimum Lot Width at Building Line: Ninety (90) feet.
3. Minimum Lot Width at Right of Way: Seventy (70) feet.
4. Minimum Front Yard Setback: Twenty-five (25) feet.
5. Minimum Side Yard Setback: Five (5) feet.
6. Minimum Rear Yard Setback: Twenty-five (25) feet.
7. Maximum Lot Coverage: Fifty (50) percent.
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8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
B. Area B Lots:
1. Minimum Lot Area: Eight Thousand (8,000) square feet.
2. Minimum Lot Width at Building Line: Seventy (70) feet.
3. Minimum Lot Width at Right of Way: Sixty-five (65) feet.
4. Minimum Front Yard Setback: Twenty (20) feet.
5. Minimum Side Yard Setback: Five (5) feet.
6. Minimum Rear Yard Setback: Twenty (20) feet.
7. Maximum Lot Coverage: Fifty (50) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand, (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
C. Area C Lots:
1. Minimum Lot Area: Six Thousand (6,000) square feet.
2. Minimum Lot Width at BuildingLine: Fifty (50) feet.
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3. Minimum Lot Width at Right of Way: Forty-five (45) feet.
4. Minimum Front Yard Setback: Ten (10) feet (excludes porches,
stoops, and porticos, etc. which may encroach by a maximum three (3)
feet)
5. Minimum Side Yard Setback: Three (3) feet.
6. Minimum Rear Yard Setback: Twenty-four (24) feet (to property line
at center of alley).
7. Maximum Lot Coverage: Fifty (50) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): Two thousand (2,000)
square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, two
hundred (1,200) square feet.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Clay
Corner Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Clay
Corner Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8
of this Clay Corner Ordinance.
Section 4.6 The Real Estate shall be developed per the layout, street cross section and
width configuration, and lot distribution as shown on the Development Plan/Primary Plat.
Section 4.7 Architectural Standards:
A. The applicable Architectural Character Imagery, indicating conceptually the
intended architecture and appearance of Dwellings are contained within
Exhibit C (Architectural Character Imagery — Area A Lots and Area B Lots)
and Exhibit D (Architectural Character Imagery — Area C Lots).
B. Dwelling Architecture: All Dwellings shall be constructed in compliance with
the architectural guidelines included in the Village of Westclay Building
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Guidelines and Requirements for Residential Construction which procedure
and approval process shall be administered solely by the Controlling
Developer. A Copy of the applicable Building Guidelines and Requirements
shall be kept on file with petition 16060020 Z located in the Department of
Community Services of the City.
C. Monotony Mitigation:
1. Front Fagade: The same front building elevation shall not be constructed
for two (2) lots on each side of the subject lot on the same side of the
street and for three (3) lots across the street from the subject lot as
illustrated in the below diagram.
❑ D
Subject Lot ❑
2. Exterior Siding Color: No two side by side homes on contiguous lots or
the lot across the street from the subject lot shall have the same exterior
color on the primary structure of the home.
3. Exterior Masonry Color: No two side by side homes on contiguous lots
shall have the same masonry color.
Section 4.8 Lot Lighting All Dwellings shall have (i) light fixtures flanking the garage
doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights
at the front door of the dwelling.
Section 4.9 Street Lighting: Street lighting (lighting in the street right-of-way), when
provided, shall (i) be confined to the street intersections and (ii) meet all applicable City
standards and (iii) be reviewed by the City.
Section 4.10 Parking: Two (2) spaces per Dwelling unit are required. Parking Spaces (i)
within driveways and (ii) within garages shall count toward this requirement. Driveways
shall be a minimum of twenty (20) feet in length as measured from the street right of way
and vehicles shall not be parked in a location that encroaches onto the sidewalk or alley.
Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or
pervious pavers. Asphalt driveways shall not be permitted.
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Section 5. Common Area and Amenity Requirements. Common Area shall be in the
areas identified on the Development Plan / Primary Plat.
Section 5.1 A minimum of ten and one-half (10.5) acres, approximately thirty-one
(3 1) percent, of the District, shall be allocated to Common Area as illustrated on the
Development Plan / Primary Plat.
Section 5.2 A common area plan has been submitted and is on file with the rezoning
request which illustrates the area and use of the proposed common areas.
Section 5.3 The following amenities shall be provided in the Clay Corner District:
A. Passive Amenities: Open space, including an internal trail, shall be provided
for passive recreation opportunities, as generally depicted on the Development
Plan/Primary Plat. The internal trail to be installed shall be an eight (8') wide
asphalt path located along the southern portion of the Real Estate as generally
shown on the Development Plan/Primary Plat and shall be installed in
substantial compliance with the location depicted on the Development
Plan/Primary Plat. The final location of the internal trail is subject to existing
easements and final engineering. If the internal trail is prevented from being
installed as generally shown, then an alternative trail location may be
approved by the Director that still provide access and connectivity along the
southern portion of the Real Estate.
B. Grayson's Green. A park depicted on the Development Plan / Primary Plat /
Landscape Plan shall be provided. The park shall include a minimum of one
multi -activity play structure, one single -activity play structure, and a bench.
In lieu of installing traditional playground equipment, the developer shall be
permitted, at its election, to install natural wilderness playground equipment
as is conceptually shown on the photographs included on Exhibit F
(Playground Equipment Concept Imagery) of this Clay Corner PUD.
Section 6. Landscaping Requirements. A detailed, to scale, engineered landscape plan
showing the size, location and variety of all plantings, other than foundation and Lot plantings,
has been reviewed and approved by the Commission, and constitutes the approved Landscaping
Plan for the Real Estate. Landscaping shall comply with the following standards:
Section 6.1. General Landscaping Standards. Landscaping shall be integrated with,
and complement other functional and ornamental site design elements, such as hardscape
materials, paths, sidewalks, and fencing.
A. All trees, shrubs and ground covers shall be planted according to American
Standard for Nursery Stock (ANSI Z60.1), and following the standards and
best management practices (BMPs) published by the City's Urban Forestry
Program. Landscaping materials shall be appropriate for local growing and
climatic conditions. Plant suitability, maintenance and compatibility with site
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construction features shall be addressed. The City's planting details shall be
required on the landscape plan. All trees shall be selected from the City's
recommended tree list published by the City's Urban Forestry Program or
otherwise approved by the Urban Forester.
B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental
trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall
be 6 feet in height when planted. Shrubs shall be at least 18 inches in height
when planted. Ornamental grasses must obtain a mature height of at least 3
feet.
C. All landscaping approved as part of a Development Plan / Primary Plat shall
be installed prior to issuance of the first Certificate of Occupancy for a
dwelling in the area of the Real Estate subject to a Secondary Plat; provided,
however, that when because of weather conditions, it is not possible to install
the approved landscaping before the issuance of a Certificate of Occupancy,
the Controlling Developer shall request a temporary Certificate Of Occupancy
which shall be conditioned upon a determined time to complete the
installation of the uninstalled landscape material.
D. All landscaping is subject to Primary Plat approval. No landscaping which has
been approved by the Urban Forester with the Primary Plat may later be
substantially altered, eliminated or sacrificed without first obtaining further
approval from the Urban Forester in order to conform to specific site
conditions.
E. It shall be the responsibility of the owner(s), with respect to any portion of the
Real Estate owned by such owner(s) and on which any landscaped area exists
per the requirements of this Clay Corner Ordinance, to ensure proper
maintenance of landscaping in accordance with the Clay Corner Ordinance.
This maintenance is to include, but is not limited to (i) mowing, tree trimming,
planting, maintenance contracting, irrigation and mulching of planting areas,
(ii) replacing dead or diseased plantings with identical varieties or a suitable
substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and
weeds.
Section 6.2. Areas to be landscaped.
A. Perimeter Buffering. The combination required plantings and existing
preserved/conserved vegetation depicted on the Landscape Plan shall provide
"buffering" and / or "screening" of views into the site.
B. Street Trees.
1. Large growing shade trees shall be planted within public street 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 sixty (60) feet on
center and are not required to be evenly spaced, unless this spacing cannot
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be attained due to the location of driveways, proposed utilities, or other
obstructions as defined below in Section 6.2.13.2.
2. Per City standards, no street trees shall be planted in conflict with drainage
or utility easements or structures and underground detention (unless so
designed for that purpose), or within traffic vision safety clearances.
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.
C. Foundation and Lot Planting Standards. The following planting requirements
apply to all Dwellings:
1. All lots shall be required to plant two (2) shade trees included in a
minimum of four (4) trees in the front yard. Corner lots shall install two
shade (2) trees included in a minimum of four (4) trees per side facing a
street. Lots 1-55 shall only be required to install a total of two (2) trees in
each front yard.
2. All lots shall have a minimum of eighteen (18) shrubs and /or ornamental
grasses along the Dwelling foundation with a minimum of twelve (12)
facing the street. Corner lots shall install a minimum of thirty (30) shrubs
and/or ornamental grasses along the dwelling foundation with a minimum
of twelve (12) shrubs or grasses per side facing a street.
3. Lots 7 and 8 shall include an additional planting of small evergreen trees
or upright evergreen shrubs that positioned to form a hedge similar to that
shown on the approved Landscape Plan that will soften the visual impact
of the alley dividing said lots.
4. Foundation and Lot plantings shall be installed by the builder at the time a
Dwelling is constructed on the Lot.
D. Frontage Plantings. In the area designated as Frontage Plantings on Sheet
L100 of the Landscape Plan evergreen trees shall be planted amongst the
street trees and spaced approximately six (6) feet on center to form a hedge
that will screen views into the site from the intersection of Main Street and
Clay Center Road down to the eastern entrance to the neighborhood, as well
as providing a framework for the pergola and development sign.
E. Common Areas. There are four common areas identified on Sheet L100 of the
Landscape Plan. Each area shall include a combination of quantified
evergreen and deciduous trees located and spaced to screen views into the site
from the perimeter (CAI -3) where permissible and/or give vertical definition
to the space (CA4). The quantity and general composition of plantings for
each area is described below:
1. Common Area 1. 17 broad canopy evergreen trees spaced approximately
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15' on center to form a hedge; and 14 shade trees scattered behind.
2. Common Area 2. 12 ornamental trees positioned to form a loosely formal
bosque.
3. Common Area 3. 19 broad canopy evergreen trees positioned in a double
row; and 13 ornamental trees positioned to help draw attention to the
eastern entrance of the neighborhood. And while the owner of the
pipeline easement that encumbers this common area will not allow trees or
shrubs to be planted in said easement, the company has agreed to allow the
planting a native prairie grass seed mix in an area encompassing
approximately one acre near the southern boundary of the site provided
that provisions are established in the Declaration of Covenants,
Conditions, and Restrictions for the perpetual and yearly mowing of the
prairie to prevent the natural succession of trees and shrubs within the
easement.
4. Common Area 4. A minimum of 10 shade trees and 14 ornamental trees
shall be planted to help give vertical definition to the park perimeter.
Section 6.3 Tree Preservation (Type -1). Tree preservation areas shall be provided
through the establishment of Tree Preservation Easements as shown on the
Development Plan / Primary Plat / Landscape Plan. Type -1 Tree Preservation
Easements (TPE-1) shall be regulated and maintained in accordance with the
Tree Preservation Area Guidelines established by the City of Carmel, and
which is described below:
A. Best management practices for a tree preservation area:
1. Removal of exotic and invasive species, e.g., bush honeysuckle.
(See the Indiana Exotic and Invasive Plant List provided by the City of
Carmel. If you are not able to identify exotic and invasive species, seek
professional assistance. Application of herbicide should be completed with
professional oversight.)
2. Removal of dead, hazardous and at risk trees.
3. Removal of vines growing on and up a tree.
4. Removal of an overabundance of fallen and cut trees.
5. Planting of native trees. (See the Indiana Native Tree List provided by the
City of Carmel.)
6. Direct discharge of surface drainage of stormwater from the rear half of
any lot that is adjacent to a tree preservation area.
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7. Establishment of access easements, unpaved trails, utility and drainage
improvements. This provision is intended to permit the crossing of the tree
preservation area and not one easement to fully occupy the area.
8. Complete maintenance activities by following industry standard using the
current American National Safety Institute (ANSI) Z-133 and A-300
approved practices and methods.
B. Unacceptable activities for a tree preservation area:
1. Removal of native vegetation.
2. Mowing and clearing any portion of a tree preservation area.
3. Dumping of leaves and debris from outside locations into a tree
preservation area.
4. Seeding; including grass seed, prairie mix seed, sod and the planting of
any type of garden unless approved by the Urban Forester.
5. The construction of pools, sheds, garages, fences, playground equipment,
tree houses, fire pits and other permanent or semi-permanent structures
unless approved by the Carmel Board of Zoning Appeals.
6. Recreational activities that adversely impact the health, structure and
integrity of a tree preservation area, including, playground equipment,
basketball or tennis courts and pools.
.C. The following shall be required for all Type- 1Tree Preservation Areas:
1. Signs identifying the Tree Preservation Area shall be posted every five
hundred (500) feet around the perimeter of all Tree Preservation Areas.
2. 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 6.4 Tree Preservation (Type -2). Tree conservation areas shall be provided
through the establishment of Tree Easements as shown on the Development
Plan / Primary Plat / Landscape Plan. Type -2 Tree Preservation Easements
(TPE-2) shall have the same overarching purpose, best management
practices, restricted activities, construction barriers, and signage as Type -1
Tree Preservation Easements with the following exceptions:
A. Existing vegetation and earth shall be allowed to be removed for the
purposes of constructing and maintaining paths (including pavement)
through the woodlot, provided that (i) all attempts be made to avoid routes
that would ultimately damage healthy hardwood tree species with a d.b.h.
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caliper greater than twelve inches, (ii) that the width of the clearing path not
exceed ten feet, and (iii) that the main route thereof remain a minimum
distance of one hundred feet from the southern boundary of the site.
B. Grass seeding (native or otherwise) and subsequent maintenance through
mowing shall be allowed within the easement in areas currently devoid of
trees and shrubs, areas (e.g. legal drains) required to be cleared by governing
agencies, and/or areas that will be cleared for path construction, provided
that such seeding/mowing along constructed paths be restricted to a
maximum width of three feet along either side of the path.
C. The following shall be required for all Type -2 Tree Preservation Areas:
1. Signs identifying the Tree Preservation Area shall be posted every five
hundred (500) feet around the perimeter of all Tree Preservation Areas.
2. 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 6.5 Existing Trees on Lots 61 and 63. When constructing a home on either lots
61 or 63, the builder shall consider the extent to which it may be possible to
preserve existing trees on these lots, taking into account the challenges
presented by the location of a building pad, any required foundation work,
installation of utilities and/or any other required site work that may prevent
the preservation of trees on these lots.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
25.07 of the Zoning Ordinance as amended.
A. Signs identifying "No Mow" or "Naturalized Area" shall be posted every five
hundred (500) feet around the perimeter of any natural prairie grass planting
areas. This sign shall include an explanation of the purpose of the "No Mow"
or "Naturalized Area".
B. Any subdivision entryway (Residential Complex) signs along 131St Street
(West Main Street) and/or Clay Center Road shall be designed in substantial
compliance with the plan included under Exhibit E (Subdivision Entryway/
Residential Complex Sign Character Imagery). Any proposed changes to the
sign illustrated under Exhibit E shall require Administrative ADLS approval.
Section 8. Additional Requirements and Standards.
Section 8.1. Premises Identification. Premises identification shall meet the
requirements of the Zoning Ordinance as amended.
Section 8.2. Home Occupations. Home Occupations shall meet the requirements of the
Zoning Ordinance as amended.
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Section 8.3. Right-of-way widths.
A. The half right-of-way width for 131St Street (West Main Street) and Clay
Center Road shall be forty-five feet.
B. The right-of-way width for all streets interior to the Real Estate shall be as
shown on the Development Plan / Primary Plat and shall be dedicated with the
Secondary Plat.
Section 8.4. Sidewalks and Pedestrian Amenities.
A. A five (5) foot wide sidewalk shall be required internal to the Real Estate as
shown on the Development Plan / Primary Plat.
B. A ten (10) foot wide asphalt path shall be required along the south side of
131St Street (West Main Street) and west side of Clay Center Road as shown
of the Development Plan / Primary Plat.
C. An internal 8' wide asphalt path shall be installed within the common area as
shown on the Development Plan / Primary Plat subject to approval by the
Surveyors Office regarding the legal drain crossing.
Section 8.5. Site Access and Road Improvement Requirements. Development of the
Clay Center District shall meet all applicable Thoroughfare Plan related improvement
requirements as identified in and required under the Zoning Ordinance unless otherwise
provided for in this Clay Corner Ordinance for the segment of Clay Center Road, and
only that segment of Clay Center Road, south of the intersection of the street entrance to
the Real Estate as shown on the Development Plan / Primary Plat.
Section 8.6. Declaration of Covenants and Owners Association. Declarations of
Covenants, if any, shall be prepared by the Controlling Developer in its discretion and
recorded with the Recorder of Hamilton County, Indiana. The Declaration(s) of
Covenants may establish an Architectural Review Board, which shall establish guidelines
regarding the design and appearance of all Buildings. Within the Declaration(s) a
provision will be included to require "no mow" signage of naturalized prairie grass
planting areas to be posted every five hundred (500) feet around the perimeter of a
natural prairie grass planting areas.
Section 9. Procedural Provisions.
Section 9.1. Approval or Denial of the Development Plan / Primary Plat. The
Development Plan / Primary Plat has been reviewed and approved by the Commission,
and constitutes the approved Primary Plat and, as such, the Developer shall not be
required to return to the Commission for Primary Plat approval.
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Section 9.2. Secondary Plat Approval. The Director shall have sole and exclusive
authority to approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay the
Director's approval of a Secondary Plat that is in substantial conformance with the
Development Plan / Primary Plat and is in conformance with the Development
Requirements of this Clay Corner Ordinance. If the Director disapproves any Secondary
Plat, the Director shall set forth in writing the basis for the disapproval and schedule the
request for hearing before the Commission.
Section 9.3. Changes Requiring Council Approval. Changes that shall require
amendment of this Clay Center Ordinance through the standard rezone process include
the following: Increases in density or intensity; Changes in the proportion or allocation
of land uses; Changes in the list of approved uses; Changes in the locations of uses;
changes in the functional uses of open space, where such change constitutes an
intensification of use of the open space; and/or a dimensional change of greater than ten
percent (10%).
Section 9.4. Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a waiver subject to the
requirements of Chapter 31.06.04.12 of the Zoning Ordinance.
Section 9.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the Clay Corner Ordinance, subject to the procedure
prescribed in Chapter 30 of the Zoning Ordinance.
Section 10. Controlling Developer's Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or
approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by
way of example but not by limitation, none of the following may be obtained without the
approval and consent of the Controlling Developer:
A. Improvement Location Permits for any site improvements within the Real
Estate;
B. Sign permits for any Signs within the Real Estate;
C. Improvement Location Permits for any Dwellings within the Real Estate;
D. DP, 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 Clay Corner Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Clay
Corner Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
17
Version G 122716
Section 12. Exhibits. All of the Exhibits (A -F) on the following pages are attached to this
Clay Corner Ordinance, are incorporated by reference into this Clay Corner Ordinance and are
part of this Clay Corner Ordinance.
The remainder of this page is left blank intentionally.
um
Vernon G 122716
Exhibit "A"
(Legal Description)
Part of the Southwest Quarter of Section 27, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, being part of a tract of land described in a Trustee's Deed, recorded as
Instrument number 8905562 and an Affidavit of Survivorship to Georgiann C. Linnemeier, recorded as
Instrument number 200200096470 in the Office of the Recorder of said County, more particularly
described as follows:
COMMENCING at the Northwest corner of said Southwest Quarter; thence South 00 degrees 07 minutes
17 seconds West (basis of bearing = the Secondary Plat of Village of WestClay Section 15002-A, as per
plat thereof recorded as Instrument number 2008025256 in said Recorder's Office) along the West line of
said Quarter Section a distance of 100.01 feet to the southerly right-of-way line of 131st Street as
described in a Warranty Deed to the City of Carmel, Indiana, recorded as Instrument number 2008005090
in said Recorder's Office and the POINT OF BEGINNING, the following nine (9) courses are along
said southerly right-of-way lines and the westerly right-of-way lines of Clay Center Road as described in
said Deed; (1) North 89 degrees 10 minutes 04 seconds East 21.42 feet; (2) North 76 degrees 17 minutes
12 seconds East 179.51 feet; (3) North 84 degrees 15 minutes 45 seconds East 175.64 feet; (4) North 89
degrees 09 minutes 42 seconds East parallel with the North line of said Quarter 638.73 feet; (5) South 47
degrees 30 minutes 50 seconds East 114.60 feet; (6) South 22 degrees 01 minute 08 seconds East 223.43
feet to a point on a curve to the right having a radius of 460.00 feet, the radius point of which bears South
67 degrees 58 minutes 52 seconds West; (7) southerly along said curve an arc distance of 170.64 feet to a
point which bears North 89 degrees 14 minutes 08 seconds East from said radius point; (8) South 00
degrees 45 minutes 52 seconds East parallel with the east line of the aforementioned Linnemeier tract
76.19 feet; (9) North 89 degrees 14 minutes 08 seconds East 40.00 feet to said east line; thence South 00
degrees 45 minutes 52 seconds East along said east line a distance of 689.25 feet to the southeast corner
thereof; thence South 89 degrees 10 minutes 11 seconds West along the south line of said tract a distance
of 1,263.83 feet to the southwest corner thereof and a point on the West line of said Southwest Quarter;
thence North 00 degrees 07 minutes 17 seconds East along said West line a distance of 1,164.24 feet to
the Point of Beginning. Containing 33.76 acres, more or less.
ALSO:
Part of the Southeast Quarter of Section 28, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, being part of a tract of land described in a Limited Warranty Deed to East
Village, LLC, recorded as Instrument number 2015049192 in the Office of the Recorder of said County,
more particularly described as follows:
COMMENCING at the Northeast corner of said Southeast Quarter; thence South 00 degrees 07 minutes
17 seconds West (basis of bearing = the Secondary Plat of Village of WestClay Section 15002-A, as per
plat thereof recorded as Instrument number 2008025256 in said Recorder's Office) along the East line of
said Quarter Section a distance of 170.15 feet to the POINT OF BEGINNING; thence continuing South
00 degrees 07 minutes 17 seconds West along said East line a distance of 449.57 feet to a point on a non -
tangent curve to the right having a radius of 14.00 feet, the radius point of which bears North 16 degrees
43 minutes 23 seconds East; thence along said curve westerly, northwesterly and northerly an arc distance
of 17.93 feet to a point which bears North 89 degrees 52 minutes 43 seconds West from said radius point;
thence North 00 degrees 07 minutes 17 seconds East parallel with said East line a distance of 94.65 feet to
a point on a curve to the left having a radius of 415.00 feet, the radius point of which bears North 89
degrees 52 minutes 43 seconds West; thence northerly and northwesterly along said curve an are distance
of 276.87 feet to a point which bears North 51 degrees 53 minutes 44 seconds East from said radius point;
thence North 49 degrees 33 minutes 47 seconds East a distance of 130.29 feet to the Point of Beginning.
Containing 0.35 acres, more or less.
Containing 34.11 acres, in all.
Exhibit "A" — Page 1 of 2
Exhibit "A"
(Legal Description)
Exhibit `B"
(Development Plan / Primary Plat)
Full size copies of the approved Development Plan / Primary Plat are on file with the
Department of Community Services under Docket # 16060020Z. Below is a reduced version.
Exhibit `B" Page 1 of 1
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ADOPTED by the Common Council
of the
City of Carmel,
Indiana
this day of
- , 2017, by a vote of
6P
ayes and /
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Laura D. Campbell
ATTEST-
/ J
1!
H. Bruce Kimball ,
D. Rider
f
0f'l°v's eqo'
4of ofV
Presented by me to the Mayor of the City of Carmel, Indiana this 7 day of
2017, at -5-W P M.
r
C r
Approved by me, Mayor of the City of Carmel, Indiana, this -7 1day of
2017, at 5.20 P M.
James Brainard, Mayor
ATTEST:
w�N
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032.
Clay Comer PUD - CC G 122716