Z-446-04 The Townhomes at Guilford PUD Sponsor: Councilor Mark Rattermann
ORDINANCE NO. Z-446-04
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
THE TOWNHOMES AT GUILFORD
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance with the requirements of 1.C. § 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes
the The Townhomes at Guilford Plaimed 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 lC §36-7-4-1500 et seq., it adopts this
Ordinance, as an amendment to the Cam~el/Clay 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any provision of this Ordinance and its exhibits are hereby repealed, (iii) alt prior commitments
and restrictions shall be null and void and replaced and superseded by this Ordinance, and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 I _Applicability of Ordinance:
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Carmel/Clay 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 The Townhomes at Guilford.
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/Clay
Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict
between this Ordinance and the Carmel/Clay 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/Clay Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
Section 2 Permitted Primary Uses: Permitted uses are condominiums and/or multi-family
dxvelling units.
Section 3 Accessory Buildings and Uses: All Accessory Structures and Accessory Uses
shall be permitted except that any detached accessory building shown in any development plan
shall have on all sides the same architectural features or shall be architecturally compatible with
the principal building(s) with which it is associated.
Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite
dishes shall be permitted.
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so
long as the proposed plat complies with thc area requirements set forth belo~v in Section 6, and
the creation of a new property line within the Real Estate shall not impose or establish new
development standards beyond those specified below in Section 6 for the entirety of the Real
Estate. However, the development of any parcel shall conform to all Preliminary Development
Plans and Final Development Plans which are approved or amended per the terms of Section
14.1 below, and all other applicable requirements contained in this Ordinance.
Section 6 Heieht, Area and Square Footage Requirements:
Section 6.1 Maximum Building Height: The maximum Building Height is thirty-
seven (37) feet.
Section 6.2 Minimum Building Set Back: The Minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with Guilford Road shall be a minimum of
Fifty (50) feet, and along the north property line of the Real Estate the Minimum Set
Back shall be Ten (10) feet, along the south property line of the Real Estate the Minimum
Set Back shall be Ten (10) feet, and along the east property line of the Real Estate, the
Minimum Set Back shall be Ten (10) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be ten (10) feet.
Section 6.4 Maximum Parcel Coverage, Density and Square Footage:
A. Maximum Parcel Coverage shall be fifty percent (50%).
There shall be a maximum of One Hundred and Ten (l 10) Townhomes on
approximately Nine and 57/100 (9.57) acres.
Square Footage of Floor Plans for Product Offerings shall not be less than
one thousand two hundred square feet.
Section 6.5 Maximum Nmnber of Buildings. There shall be no more than (i) eighteen
(18) Townhome Buildings located upon the Real Estate and (ii) one (1) community
mailbox structure or individual mailboxes.
Section 7. Architectural Design Requirements:
Suitability of building materials: A minimum of four (4) materials shall be used
for Building exteriors, from the following list: brick, cast stone, stone, Hardi-
Plank, glass, wood soffits, and vinyl clad windows and/or the equivalents thereof
for all of the foregoing. The use of wood and Hardi-Plank shall be limited to
Trim and Siding.
Roof design: All roofs, except ibr open porch roofs, shall have a minimum slope
of 12 horizontal to 6 vertical.
Building rendering and elevations: Attached hereto and incorporated herein by
reference as Exhibit "B" are a rendering and elevations, depicting the building
materials and architectural elements of the Buildings to be constructed upon the
Real Estate. All buildings will have a minimum of 2' offset per living unit.
Buildings 1, 2, 17 and 18 (as shown on Exhibit F) will have full brick elevations
on all sides with the exception of the gable above the windows on the garage side
and Buildings 3, 10, 11 and 16 (as shown on Exhibit F) will have full brick on the
side elevations
Community mail box structure: Attached hereto and incorporated herein by
reference as Exhibit "C' is a rendering of the community mail box structure and
master mailbox plan as Exhibit "H".
Section 8 Landscaping Requirements:
Section 8.1 Landscape Plan: The Landscape Plan shall consist of the landscape detail
depicted on the landscape plan which is attached hereto as Exhibit "D" (hereafter
"Landscape Plan"). Landscaping shall be installed per the Landscape Plan.
Section 8.2 Landscaping Standards:
Materials: All plants proposed to be used in accordance with any
landscaping plan shall meet ANZI Z60-60.1-1996 and meet the following
specifications:
Shade trees: a minimum trunk diameter of 2.5 inches measured at
breast height, a minimum height of eight (8) feet, and a branching
height of not less than 1/3 nor more than ½ of tree height.
2. Ornamental trees: a minimum trunk diameter of 1V2 inches
measured at breast height, and a minimum height of six (6) feet.
Shrubs: shrubs may be deciduous or evergreen, and shall be
eighteen (18) inches in height at planting.
4. Evergreen Trees: shall be six feet (8') in height at planting.
Section 8.3 Landscaping Installation and Maintenance:
Maintenance: It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping and lake areas
approved in accordance with this Ordinance. This is to include, but is not
limited to, irrigation and mulching of planting areas, replacing dead,
diseased, or overgrown plantings with identical varieties or a suitable
substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
Section 9 Lighting Requirements and Park Benches:
Section 9.1.
Front of Townhome lighting:
1. Each Townhome having a covered porch at the front entrance shall
have one (1) fixture light hanging from the ceiling of the covered
porch.
Each Townhome which does not have a covered porch at the front
entrance shall have two (2) fixture lights mounted on either side of
the front door.
Rear of Townhome lighting: Each Townhome shall have two (2) exterior
grade coach lights mounted on either side of the overhead garage door,
each one activated by a dusk-to-dawn sensor.
Street Lighting: Attached hereto and incorporated herein by reference as
Exhibit "G" is a picture of the community street lighting fixtures and
master street lighting plan as Exhibit "H".
Park Benches: Attached hereto and incorporated herein by reference as
Courtyard Bench Exhibit "I" is a picture of the community park bench and
master community bench plan as _Exhibit "H'.
Section 10 Signs
Section 10.1. Ground Signs and Entry Wall.
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C.
D.
E.
Type: Two (2) Ground/Entryway Sig~s shall be permitted near the
entrance of the development adjacent to Guilford Road, as is depicted on
Exhibit "E", which is attached hereto and incorporated herein by
reference.
Maximum Sigyt Area: Thirty Six (36) square feet each.
Illumination of Si~n: External.
Sign Permit: Required.
Fees: Required.
Section 11 Parking
Section 11.1 Parking: Each Townhome shall contain a two (2) car garage and, in
addition, there shall be twenty three (23) external parking spaces.
Section 12 Mechanical Equipment
Section 12.1 Mechanical Equipment: Any mechanical equipment visible from an
adjoining street or highway shall be screened with suitable fencing or landscaping and in
general be architecturally compatible with the building(s) with which it is associated.
Section 13 Homeowners Association and Declaration of Covenants
Section 13.1 Declaration of Covenants and Homeowners Association: A Declaration of
Covenants shall be recorded which shall also contain various provisions regarding the
Real Estate, including provisions for an initiation fee, a budget requirement to fund
general reserves, the use of the Real Estate, and improvement approval requirements after
initial construction. The Declaration of Covenants will also provide for the establishment
ora Homeowners Association in which membership shall be mandatory.
Section 14. Approval Process:
Section 14.1. Approval or Denial of the Primary Plat/Development Plan.
Exhibit "F", which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). The CP has been
reviewed and approved by the Plan Commission. The CP constitutes the
Development Plan and primary plat for the Real Estate. The architecture,
design, lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Ordinance, do not require any
further (i) ADLS approval or (ii) Development Plan/primary plat approval
other than Final Development Plan approval per the procedure set forth
below in this Section 14. If there is a Substantial Alteration in the
approved ADLS and Development Plan/primary plat, review and approval
of the amended plans shall be made by the Commission, or a Committee
thereof, pursuant to the Commission's roles of procedure. Minor
Alterations and Material Alterations may be approved by the Director.
The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for The
Townhomes at Guilford; provided, however, that the Director shall not
unreasonably withhold or delay the Director's approval of the FDP that is
in substantial conformance with the CP and is in conformance with the
Development Requirements of this Ordinance. If the Director disapproves
any FDP, the Director shall set fbrth in writing the basis for the
disapproval and schedule the request for approval of the FDP for a hearing
befbre the full Plan Commission.
An amendment to the FDP, which is not determined by the Director to be
a substantial or material alteration from the approved CP, may be
reviewed and approved solely by the Director. However, in the event the
Director determines that there has been a Substantial Alteration or
Material Alteration between the approved CP and any proposed FDP, the
Director may, at the Director's discretion, refer the amended FDP to the
Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
The FDP shall be a specific plan for the development of all or a portion of
the real estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
Section 15 Definitions and Rules of Construction:
Section 15.1 General Rules of Construction. The following general rules of construction
and definitions shall apply to the regulations of this Ordinance:
The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
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B. Words used in the present tense include the past and future tenses, and the
future the present.
The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
Section 15.2 Definitions.
Accessory Stmcture: A structure subordinate to a building or use located
on the Real Estate 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 building as the main use, and incidental to the main
use.
Building Height: The vertical distance when measuring from the lot
ground level to the mean height between eaves and ridges.
D. City: The City of Carmel, Indiana.
E. Commission: The Carmel/Clay Plan Commission.
F. Council: The City Council of the City of Carmel, Indiana.
G. County: Hamilton County, Indiana.
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
stmctures. 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 ibr 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.
Director: Director, or Administrator, of the Department of Community
Services tbr the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
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.
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
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
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.
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.
Townhome: An attached townhome intended for occupancy by a single
family.
Townhome Building: A structure containing Townhomes.
Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
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Section 16. Violations. All violations of this Ordinance shall be subject to Section 34.0
of the Carmel/Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this__z-/~r{ day of
(? Q~.t_~ ~< ) ,2004, by a vote of ~ ayes and O nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
,Pre/~ding Officer ( .~ Kevin Kirby
o../R~o nald/~/~¢/~r esid eat Pr° Temp
~/~s~l~l C. Griffiths '//
ATTEST:
Diana L. Cordray,~l~MC,~asurer
Presented by me to the Mayor of the City of carmel, Indiana the /-/'/'~-day of
O~ ,2004, at q: -q'iD o'clock P .M.
Diana L. Cordray, IAMC, d~lerk ~reasurer
Mark Rattermam~
Ricl~ard L~. S~'~rp
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Approved by me, Mayor of the City of Carmel, Indiana, this t./ ']-/~ day of
O ~ ,2004, at o/.',5-0 o'clock /o .M.
ATTE~ -
Diana L. Cordray~surer
Thislnstramentprepared by: Steve Pittman, Pittman Pa~ners, Inc. PO Box 554, Carmel, 1N
46082.
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EXHIBIT "A"
Legal Description
A part of the West Half of the Southwest Quarter of Section 36, Township 18 North, Range 3
East, described as follows:
Commencing at the Northeast comer of the West Half of said Southwest Quarter; thence South
89 degrees 18 minutes 22 seconds West (assumed bearing) along the north line of said West Half
a distance of 66.00 feet; thence South 00 degrees 04 minutes 32 seconds East parallel with the
east line of said West Half a distance of 1199.49 feet to the Point of Beginning; thence South 89
degrees 22 minutes 46 seconds West a distance of 659.66 feet to a 1 inch iron pipe; thence South
00 degrees 04 minutes 32 seconds East parallel ~vith said east line a distance of 418.99 feet;
thence South 00 degrees 14 minutes 34 seconds West a distance of 212.85 feet to a 1 inch iron
pipe; thence North 89 degrees 22 minutes 46 seconds East a distance of 660.85 feet; thence
North 00 degrees 04 minutes 32 seconds West parallel with said east line a distance of 631.83
fcct to the Point of Beginning, containing 9.571 acres, more or less.
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