Z-492-06 Village Green PUDSponsor: Councilman Rattermann
ORDINANCE NO. Z- 492 -06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE -
'VILLAGE GREEN
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z -289 (the " CarmellClay
Zoning Ordinance "), provides for the establishment of a Planned Unit Development District in
accordance with the requirements of I.C. § 36 -7 -4 -1500 et seq.; •
WHEREAS, the CarmellClay Plan Commission (the "Commission ") has given a positive
recommendation to the ordinance set forth herein (the "Village Green ") which establishes the
Village Green 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 Village Green
Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and
effect from and after its passage, (ii) all prior commitments shall be null and void and replaced and
superseded by this Village Green Ordinance, and (iii) this Village Green Ordinance shall be in full
force and effect from and after its passage and signing by the Mayor.
Section 1 Applicability of Ordinance
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of
the CarmellClay 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
Village Green.
Section 1.2 Development in the District shall be governed entirely by (i) the provisions of
this Village Green Ordinance and its exhibits, and (ii) those provisions of the CarmellClay
Zoning Ordinance specifically referenced in this Village Green Ordinance. In the event of a
conflict between this Village Green Ordinance and the CarmellClay Zoning Ordinance or
the Sign Ordinance, the provisions of this Village Green Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in
the CarmellClay Zoning Ordinance in effect on the date of the enactment of this Village
Green Ordinance.
Section 2 Permitted Uses . Permitted uses are townhomes, 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
1
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 the requirements of Section 13 below,
and all other applicable requirements contained in this Village Green Ordinance.
Section 6 Height and Area Requirements
Section 6.1
feet.
Maximum Building Height: The maximum Building Height is forty -five (45)
Section 6.2 Minimum Building Set Back: The minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with 136th Street shall be fifteen (15) feet, and
along the north property line of the Real Estate the minimum Set Back shall be ten (10) feet,
along the west 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
9 acres.
Density. There shall be a maximum of forty eight (48) units on approximately
Section 6.5 Square Footage of Townhome Units. The minimum square footage for an
individual Townhome unit shall be one thousand eight hundred (1,800) square feet,
exclusive of any garages.
Section 7. Building Types
Section 7.1 Architectural Design Requirements:
A. Roof design: All roofs, except for open porch roofs, shall have a minimum slope of
12 horizontal to 7 vertical.
B. Building rendering and elevations: Attached hereto and incorporated herein by
reference as Exhibit `B" are building renderings of the Buildings to be constructed
upon the Real Estate. All Buildings to be constructed upon the Real Estate shall
include Masonry on seventy percent (70 %) of the front building elevation as the
primary building material, excluding but not limited to doors, soffits, trim, windows,
gables and roofs. Secondary building materials for the front elevations and the
2
primary building material for all side and rear elevations for all Buildings to be
constructed upon the Real Estate shall include, but not be limited to, Hardi -Plank
and/or Hardi -Board or the equivalent thereof, excluding but not limited to doors,
soffits, trim, windows, gables and roofs.
Section 8 Landscaping. Attached hereto and incorporated herein by reference as Exhibit "C"
is the landscape plan (hereafter "Landscape Plan").
Section 8.1 Planting Standards. Landscaping shall be integrated with other functional and
ornamental site design elements, where appropriate, such as hardscape materials, paths,
sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping
requirements of this Village Green Ordinance shall have at least a two and one -half inch (2-
1/2") Caliper and seven foot (7') height at the time of planting, unless otherwise specified
herein or otherwise indicated on the Landscape Plan. Evergreen trees shall be a minimum of
six feet (6') in height at the time of planting. Shrubs shall be two (2) feet in height at the
time of planting. All trees, shrubs and ground covers shall be planted according to accepted
horticultural standards. Landscaping materials shall be appropriate to local growing and
climatic conditions. Plant suitability, maintenance and compatibility with site construction
features are critical factors that should be considered. Plantings should be designed with
repetition, structured patterns, and complementary textures and colors, and should reinforce
the overall character of the area.
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents to
insure proper maintenance of project landscaping approved in accordance with this Village
Green 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 8.3 Building Base Landscaping. The building base landscaping around the
buildings shall include a minimum of twelve (12) shrubs. Additionally, there shall be a
minimum of two (2) shade trees per unit between the unit and the sidewalk, if the necessary
area for planting is available. If a shade tree can not be planted between the unit and the
sidewalk, that shade tree will be planted at an altemate location on the site.
Section 8.4 Perimeter Planting/Buffer Yard: The perimeter planting and buffer yard
planting shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the
Zoning Ordinance.
Section 8.5 Interior Plantings. Adjacent to the entry drive of the development, for each
one hundred (100) linear foot increment, there shall be a minimum of three (3) shade trees,
two (2) ornamental trees and ten (10) shrubs. For any common areas adjacent to a parking
area, plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements
of the Zoning Ordinance.
Section 8.6 Tree Conservation. Existing trees as identified on the Landscape Plan as
"Tree Conservation Area" shall not be removed from the Real Estate except as follows:
1. As is necessary to clear underbrush and dead trees;
3 ..
2. As is necessary for the installation of access easements, rights -of -way, streets, paths,
sidewalks, and utilities and drainage improvements and infrastructure; and
3. As necessary for public health and safety, as determined with the cooperation of the
City of Carmel's Urban Forrester.
Section 9 Lighting Requirements
A. Front of Townhome lighting: Each Townhome shall have one (1) light fixture near
the door.
B. Rear of Townhome lighting: Each Townhome shall have a minimum of one (1) light
fixture on the rear of each unit, however the light position(s) shall be consistent
among all units.
C. Street Lighting: Street lighting shall be provided near intersections of streets and
alleyways and along the Monon Trail and 136th Street.
D. Light Fixture Renderings: Attached to Exhibit "C" and referred to herein as the Wall
Mounted Luminaries and Pole Mounted Luminaries are renderings which depict the
acceptable types of wall and pole mounted luminaries for the District.
Section 10 Signs and Entry Way Wall
Section 10.1. Ground Signs and Entry Wall.
A. Type: At each entrance to the development, adjacent 136th Street, Two (2)
Ground/Entryway Signs shall be permitted, as is depicted on Exhibit "C ", which is
attached hereto and incorporated herein by reference.
B. Maximum Sign Area: Twenty-four (24) square feet each.
C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
Section 11 Parking
Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage and,
in addition, there shall be guest parking provided within on- street parking spaces and other
spaces to be provided on the site, as depicted on the Site Plan and incorporated herein by
reference as Exhibit "D ".
4
Section 12 Homeowners Association and Declaration of Covenants
Section 12.1 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 13. Approval Process
Section 13.1. Approval or Denial of the Primary Plat/Development Plan.
A. Exhibit "D ", which is attached hereto and incorporated herein by reference, shall
serve as the Site Plan (the "SP "). The SP does constitute the approved Development
Plan and primary plat for the Real Estate, and it does constitute the approved
architecture, design, lighting and landscaping for the Real Estate and the
improvements thereon, considered in connection with the Village Green Ordinance.
Village Green shall not require further (i) ADLS approval and (ii) Development
Plan/primary plat approval. The Final Development Plan approval procedures are
set forth below in this Section 13. 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 procedure. Minor Alterations may be approved by the
Director.
B. 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 Village Green; 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 SP and is in
conformance with the Development Requirements and Development Standards of
this Village Green Ordinance. If the Director disapproves any FDP, the Director
shall set forth in writing the basis for the disapproval and schedule the request for
approval of the FDP for a hearing before the full Plan Commission.
C. An amendment to the FDP, which is not determined by the Director to be a
Substantial Alternation or Material Alteration from the approved SP, 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 SP 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.
D. 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.
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Section 14 Definitions and Rules of Construction
Section 14.1 General Rules of Construction. The following general rules of construction
and definitions shall apply to the regulations of this 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" is a mandatory requirement. The word "may" is a permissive
requirement. The word "should" is a preferred requirement.
Section 14.2 Definitions
A. Accessory Structure: A structure subordinate to a building or use located on the Real
Estate which is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in
the same building as the main use, and incidental to the main use.
C. Building Height: The vertical distance from the lot ground level to the highest point
of the roof for a flat roof, to the deck line of a mansurd roof and the mean height
between eaves and ridges for gable, hip and gambrel roofs.
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.
H. 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.
I. Plan , Site. A general plan for the development of the Real Estate, abbreviated as
"SP" that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site access,
drainage features, and building locations and is depicted on Exhibit "D ", which is
attached hereto and incorporated herein by reference.
J. Development Plan. Final. A specific plan for the development of the Real Estate
abbreviated as "FDP" Estate that is submitted for approval showing proposed
facilities, buildings, and structures. This plan review includes general landscaping,
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parking, drainage, erosion control, signage, lighting, screening and building
information for the site.
K. Development Requirements. Development standards and any requirements specified
in this Village Green Ordinance which must be satisfied in connection with the
approval of a Final Development Plan.
L. Developer. Bay Development Corporation, Drees Premiere Homes, Inc. and its
successors and assigns.
M. 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.
N. Homeowners Association: A nonprofit corporation established for the promotion of
the health, safety and welfare of the residents of the Village Green, and to manage,
maintain, and repair the common areas within the Real Estate and any improvements
located thereon.
O. Masonry: Masonry shall include brick, stone and/or stucco.
P. Material Alteration: Any change to an approved plan of any type that involves the
substitution of one material, species, element, etc. for another.
Q. 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.
R. 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.
S. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described
in Exhibit "A ".
T. Right -of -Way: An area of land permanently dedicated to provide light, air and
access.
U. Set Back: The least measured distance between a building or structure, excluding,
however, porches, porch or building steps and 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.
V. 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.
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W. 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.
X. Townhome: An attached dwelling intended for occupancy by a single family.
Y. Townhome Building: A structure containing attached dwellings.
Z. Trim: Soffits, architraves, wood reveals, and casement around doors and windows.
Section 15. Violations. All violations of this Village Green 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 ' 9 day of
, 2006, by a vote of —1 ayes and C7 nays.
8
COMMON COUNCIL FOR THE CITY OF CARMEL
ATT
Diana L. Cordray, IAMC, Clerk Treas
Mark Rattermann
Presented by me to the Mayor of the City of Carmel, Indiana the 0(O day of
, 2006, at I 1 r 54 o'clock
Diana L. Cordray, IAMC Clerk Trea
Ap$r� by me, Mayor of the of Carmel, Indiana, this
V pB, , 2006, at /0j o'clock fl .
ATTEST:
Diana L. Cordray, IAMC, Clerk Tj surer
This Instrument prepared by: James E. Shinaver
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
9
rainard, Mayor
EXHIBIT A
Legal Description
A part of' the east half of the northeast quarter of_ section twenty -five (25)
Township eighteen (18) North, Range three (3) East, described as follows:
BEGIN at the northwest corner of the east half of the northeast quarter of said
section 25, run south on the west line of said east half 847 feet to a stone marked
T, thence east on line parallel with the north line of said quarter section 468.93
feet to the west right -of -way line of the Louisville, New Albany and Chicago
Railroad (Monon); thence northwesterly along said right -of -way line 847.3 feet to
the intersection of the north line of said quarter section; thence west along the
north line of said quarter section 456.8 feet to the place of beginning.
Containing 9.00 acres more or less in Clay Township of Hamilton County,
Indiana.
H:16rad\Zoning & Real Estate Matters \Bay Develo
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF BAY DEVELOPMENT AND DREES HOMES
TO REZONE PROPERTY LOCATED
AT 211 WEST SMOKEY ROW ROAD
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE No. Z- 492 -06
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. 05120026 Z)
of Bay Development and Drees Homes petitioning the Commission for a favorable recommendation to
rezone property located at 211 West Smokey Row Road from R- 2/Residential to PUD /Planned Unit
Development.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on May 16, 2006, the Carmel Plan Commission voted six (6) in Favor,'
four (4) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-
492-06 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)(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 (May 24, 2006) is Tuesday, August 22,
2006.
/bill . /J/. _c!
Ramona ancock, ecretary
Ca mel Plan Commission
Dated: May 24, 2006
2006 -0524; Z- 492 -06 VILLAGE GREEN CERTIFICATION
CARMEL PLAN COMMISSION
anczuk, Presi �' t
/216
Received
MAY 2 4 2006
Carmel
Clerk - Treasurer
N�c�
aAA701�1756 MISG $1 y0��
09/11/2007 11:52:37A 5 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Drees Premiere Homes, Inc. (hereafter, "Drees "), is the proposed builder in regard to a
project pertaining to a parcel of the real estate located in Hamilton County, Indiana, and
described in what is attached hereto and incorporated herein by referenced as Exhibit "A" (the
"Real Estate "), and Drees makes the following commitments (the "Commitments ") to the City of
Carmel Common Council (the "Council ") for Village Green Planned Unit Development
Ordinance.
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Docket Numbers 05120026Z and 05120027DP /ADLS and Ordinance No. 2 -492-
06.
Section 2.
reference:
Exhibits. The following exhibits are attached hereto and incorporated herein by
Exhibit "A ". Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the real estate (the "Real Estate ");
Exhibit `B" Attached hereto and incorporated herein by reference as Exhibit `B" is the
site plan (the "Site Plan") for the Real Estate.
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and, further, the following definitions shall apply throughout these Commitments:
1. Developer. The term "Builder" shall mean and refer to Drees and its successors and
assigns.
Section 4. Commitments. The Builder agrees and commits to the following:
1. The Builder, and its successors and assigns, agrees and commits to construct a trail as a
connection from the Monon Trail in a westerly direction across the Real Estate, as shown
on the attached Site Plan, so that the trail connection from the Monon Trail can provide a
future connection to the Meadowlark Park.
2. The Builder, and its successors and assigns, agrees and commits to paying to the City of
Carmel the sum of fifteen thousand dollars ($15,000.00) for the City of Carmel to use, in
its sole and exclusive discretion, for the purchase and installation of a piece of art work or
Section 8. Enforcement
These Commitments may be enforced by the Council and any property owner within or
immediately adjacent to the Real Estate.
IN WITNESS WHEREOF, J 6 n L Q /6 has caused these Commitments to be
executed as of the date first written above.
STATE OF INDIANA
) SS:
COUNTY OF MARION
Drees Premiere Hom
By:
John Talbot, Land Acquisition and Development
Manager
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared John Talbot, Land Acquisition and Development Manager of Drees Premiere Homes,
Inc., and having been duly sworn, acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day of
My Commission xpires:
E l c'3- t
Residing in ( r p D County
Notary Public
Printed Nam
Prepared By: James E. Shinaver, Nelson & Frankenberger, 3105 East 98th Street, Suite 170,
Indianapolis, IN 46280.
"I affirm, undetthe penalties for perjury, that I have
taken reasonab e'to mast each .Social Security
number in this dociMettkunleis required`by law."
(name)
3
,
EXHIBIT "A"
Legal Description
A part of the east half of the northeast quarter of section twenty -five (25)
Township eighteen (18) North, Range three (3) East, described as follows:
BEGIN at the northwest comer of the east half of the northeast quarter of said
section 25, run south on the west line of said east half 847 feet to a stone marked
T, thence east on line parallel with the north line of said quarter section 468.93
feet to the west right -of -way line of the Louisville, New Albany and Chicago
Railroad (Monon); thence northwesterly along said right -of -way line 847.3 feet to
the intersection of the north line of said quarter section; thence west along the
north line of said quarter section 456.8 feet to the place of beginning.
Containing 9.00 acres more or less in Clay Township of Hamilton County,
Indiana.
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