Z-448-04 As Amended Brownstone Homes at Guilford Reserve PUDSponsor: Councilor Sharp
ORDINANCE NO. Z-448-04
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
BROWNSTONE HOMES AT GUILFORD RESERVE
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 ofI.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 "Brownstone Homes
Ordinance") which establishes the Brownstone Homes at Guilford Reserve Planned Unit
Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC §36-7-4-1500 et seq., it adopts this
Brownstone Homes Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it
shall be in full force and effect from and after its passage, (n) all prior commitments shall be null
and void and replaced and superseded by this Brown,,
Brownstone Homes Ordinance shall be in full force and
signing by the Mayor.
Section 1 Applicability of Ordinance:
Section 1.1 The Official Zoning Map of the Cit
of the Carmel/Clay Zoning Ordinance, is hereby c
in Exhibit "A" (the "Real Estate"), as a Planned
as the Brownstone Homes at Guilford Reserve.
Section 1.2 Development in the District
provisions of this Brownstone Homes Ordina
provisions of the Carmel/Clay Zoning Ordin:
Ione Homes Ordinance, and (iii)this
effect from and after its passage and
of Carmel and Clay Township, a part
ianged to designate the land described
nit Development District to be known
ill be governed entirely by (i)the
ace and its exhibits, and (ii)those
race specifically referenced in this
Brownstone Homes Ordinance. In the event of a conflict between this Brownstone
Homes Ordinance and the Carmel/Clay Zoning )rdinance or the Sign Ordinance, the
provisions of this Brownstone Homes Ordinance ,iall 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 ~)n the date of the enactment of this
Brownstone Homes Ordinance.
Section 2 Permitted Primary Uses: Permitted uses are condominiums and/or multi-family
dwelling 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 the area requirements set forth below 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 Brownstone Homes
Ordinance.
Section 6 Height, Area and Square Footage Requirements:
Section 6.1
(35) feet.
Maximum Building Height: The maximum Building Height is thirty-five
Section 6.2 Minimum Building Set Back: The Minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with Guilford Avenue shall be fifteen (15)
feet, and along the north property line of the Real Estate the Minimum Set Back shall be
fifteen (15) feet, along the south property line of the Real Estate the Minimum Set Back
shall be fifteen (15) feet, and along the east property line of the Real Estate, the Minimum
Set Back shall be twenty (20) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be forty (40) feet.
Section 6.4 Maximum Parcel Coverage. Density and Square Footage:
A. Maximum Parcel Coverage shall be twenty-five percent (25%).
There shall be a maximum of forty-eight (48) Townhomes on
approximately five (5) acres.
Section 6.5 Maximum Number of Buildings. There shall be no more than (i) eleven
(11) Townhome Buildings located upon the Real Estate and (ii) one (1) community
mailbox structure.
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.
Roof design: All roofs, except for open porch roofs, shall have a minimum slope
of 12 horizontal to 8 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.
i
Community mail box structure: Attached hereto and incorporated herein by
reference as Exhibit "C" is a rendering of th~ community mail box structure.
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: Alt plants proposed t0 be used in accordance with any
landscaping plan shall meet the following spemficatmns:
Shade trees: a minimum trunk diameter of 2 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.
Ornamental trees: a minimmn trunk diameter of 1½ inches
~d ~ breas~t height, and a minimum height of six (6) feet.
Shrubs: shrubs may be deb~duous or evergreen, and shall be
eighteen (18) inches in height ht planting.
4. Evergreen Trees: shall be six feet (6') 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 Brownstone Homes 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 8.4 Tree Preservation: Existing trees identified on the Existing Tree
Preservation Plan attached hereto and incorporated herein by reference as Exhibit "E"
shall not be removed from the Real Estate except as follows:
A. As is necessary to clear underbrush and dead trees;
As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, and utilities and drainage improvements and
infrastructure; and
C. As necessary for public health and safety.
Section 8.5 Split Rail Fence: In the area identified on Exhibit "D", Developer will
install a three board split rail fence, without mesh, approximately forty-eight (48) inches
in height, and the highest of the three (3) horizontal rails of the fence shall be
approximately four (4) feet above grade. The fence shall be repaired and maintained by
the Homeowners Association.
Section 9 Lighting Requirements:
Section 9.1.
Front of Townhome lighting:
1. Each Townhome having a covered porch at the front entrance shall
have one (1) period fixture light hanging from the ceiling of the
covered porch. The light shall be as depicted on Exhibit "Fl" as
item no. 8994-61.
Each Townhome which does not have a covered porch at the front
entrance shall have two (2) period fixture lights mounted on either
side of the front door. The lights shall be as depicted on Exhibit
"Fl" as item no. 8990-61.
Rear of Townhome lighting: E~ .ch Townhome shall have two (2) exterior
~:ade coach lights mounted on eithe~ side of the overhead garage door,
each one activated by a dusk-Io-dawn sensor. The lights shall be as
depicted on Exhibit "Fl" as item no. 8990-61.
Section 10 Signs
Section 10.1.
A.
Section 11
Rear Porch Lighting: Each To'
light mounted on only one side
as depicted on Exhibit "F2" as il
Parking Lot Lighting: The p
lighting as depicted on what is ~
reference as Exhibit "G".
Ground Signs and Entry Wall.
Type: Two (2) Crround/Entr,
entrance of the development a~
on Exhibit "H,, which is atta
reference. Two (2) entry wall
(15) feet in length, as depicted c
herein by reference as Exhibit "l
B. Maximum Sign Area: Twenty-t
C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
Parking
vnhOme shall have one (1) period fixture
fthe sliding glass door. The light shall be
sm no. 8997-61.
~rking lot for each Building shall have
ttached hereto and incorporated herein by
way Signs shall be permitted near the
acebt to Guilford Avenue, as is depicted
:hed hereto and incorporated herein by
; arb permitted, neither to exceed fifteen
a what is attached hereto and incorporated
)ur (24) square feet each.
Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage
and, in addition, there shall be thirty-six (36) external parking spaces, as depicted on what
is attached hereto and incorporated herein by re ferehCe as Exhibit 'T'.
Section 11.2 Additional Parking: At the rec
Association established by the Developer, the
land banked open spaces into additional pm
"future parking spaces" on what is attached
as Exhibit 'T'.
5
test of the Developer or the Homeowners
Director may approve the conversion of
krug areas, which areas are depicted as
~reto and incorporated herein by reference
Section 12 Mechanical Equipment
Section 12.1 Mechanical Equipment: Any me:hanical equipment visible from an
adjoining street or highway shall be screened with )uitable 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: The Developer
shall prepare and record a Declaration of Covenants which shall also contain various
provisions regarding the Real Estate as determined by the Developer, including, without
limitation, provisions for mandatory assessments and maintenance of common areas.
The Declaration of Covenants will also provide for the establishment of a 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 'T', 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 Brownstone Homes 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 rules of procedure2 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 ~onditions, or disapprove the Final
Development Plans/Secondary Pla~s (collectively, the "FDP") for the
Brownstone Homes at Guilford Reserve 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 Brownstone
Homes Ordinance. If the Director disapproves any FDP, the Director shall
set forth in writing the basis for the
for approval of the FDP for a hearin
6
disapproval and schedule the request
before the full Plan Commission.
An amendment to the FDP, which i~ 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 h~s 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 foriapproval 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
)llowing general rules of construction
and definitions shall apply to the regulations of this, Ordinance:
future the present.
The singular number includes the p! ~ral and the plural the singular, unless
the context clearly indicates the contrary.
Words used in the present tense inclhde the past and future tenses, and the
The word "shall" is a mandatory
permissive requirement. The word
Section 15.2 Definitions.
A. Accessory Structure: A structure sr
:equirement. The word "may" is a
should" is a preferred requirement.
bordinate to a building or use located
on the Real Estate which is not used !for permanent human occupancy.
Accessory Use: A use subordinatelto the main use, located on the Real
Estate or in the same building as th~ main use, and incidental to the main
use.
Building Height: The vertical distance from the ground level at the main
entrance to the highest ridge point o~' the roof structure.
City: The CityofCarmel, Indiana.
Commission: The Carmel/Clay Plan Commission.
Council: The City Council of the Ctty of Carmel, Indiana.
Count,/: Hamilton County, Indiana.
Declaration of Covenants: A Decl
Restrictions for the Real Estate whk
Recorder of Hamilton County, India
~ration of Covenants, Conditions and
shall be recorded in the office of the
aa, 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 shoring proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and buildipg locations.
Development Plan, Final. A specific plan for the development of the Real
Estate that is submitted for apProval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion contrOl, signage, lighting, screening and
building information for the site.
Development Requirements. iDevelopment standards and any
requirements specified in this Brov~nstone Homes Ordinance which must
be satisfied in connection with the approval of a Final Development Plan.
Developer. Crawford Development, iLLC and its successors and assigns.
Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
Homeowners Association. A nonProfit corporation established for the
promotion of the health, safety and welfare of the residents of the
Brownstone Homes at Guilford Reserve, and to manage, maintain, and
repair the common areas within the Real Estate and any improvements
located thereon.
Material Alteration: Any change !o 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 teh 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, excludin~ fences and walls not attached in any
8
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 determmmg 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 d~fined and regulated by this Ordinance
and the Sign Ordinance for Carmel}Clay Township, Ordinance Z-196, as
amended.
Substantial Alteration: Any change Ito
involves the revision of ten percent
or approved materials.
Townhome: An attached townhom
family.
an approved plan of any type that
10%) or more of the plan's total area
intended for occupancy by a single
X. Townhome Building: A structure containing Townhomes.
Y. Trim: Soffits, architraves, wood re
windows.
Section 16. Violations. All violations of this B~
subject to Section 34.0 of the Carmel/Clay Zoning
zeals, and casement around doors and
ownstone Homes Ordinance shall be
)rdinance.
PASSED by the Common Council of the City r Carmel, Indiana this ~'JJ? day of
(//'l/l . ,2004, by a vote of ~ ayes an{ ~') nays.
~~COM"MON COUNCIL FOR THE CITY~~OF CARME
~,'Ronald E.~~sident Pro Tempore Br/)'~ p. 1 lay,o-x
mred/~ck J' ~-'(~-_., ~ ~'~</
~/ose~Griffiths '// Richard [.. Sharp ~
) sented by me to the Mayor~o,f the City ofl Carmel, Indiana theoa-o~' day of
J~ ,2004, at ' ~;b~_d ~'clock~2) .M.
Di Treasurer
~,tpproved by me, Mayor of tth~ City of C~, Indiana, this (~ day of
~ Lc, k0~ , 2004, at ,~0.'! o'clock~.M.
~es Bra~ard, Mayor
ATTEST:
Diana ~IAMc, Cl~er easurer
This Instrument prepared by: Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
10
CERTIFICATION OF THE CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON TIlE PETITION OF CRAWFORD DEVELOPMENT, LLC
TO REZONE A PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
GUILFORD ROAD, BETWEEN 116TM STREET AND CARMEL DRIVE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-448-04
To:
The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Comrrdssion offers you the following report on the application (Docket No.
040010024 Z) of Crawford Development, LLC petitioning the Commission for a favorable recommendation
to rezone a property generally located on the east side of Guilford Rd, between 116th St and Carmel Dr from
the B-6/Business D/strict designation to the PUD/Planned Unit Development Zoning designation:
The Carmel/Clay Plan CommSssion's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on April 20, 2004, the Carmel/Clay Plan Commission voted ten (10) in
Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance
No. Z-448-04 with a Favorable Recommendation, subject to a recorded cornm/tment.
Please be advised that by virtue of the Plau Commission's Favorable Recommendation, pursuant to IC 36-7-
4-608(0(4), 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 this Certification (April 23, 2004) is Thursday, July 22,
2004.
AT'ST: ~ /
Ramona Hancock, Secretary
Carmel Plan Commission
Dated: April 23, 2004
2004-0423; Z-448-04; Guilford I~es~rve Rezone Certification
-Leo D~rckman, P~esident//~-~