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HomeMy WebLinkAboutPUD Draft 4-18-12 Sponsor: ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE LAKES PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (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 positive recommendation to this PUD district ordinance (the "Lakes Ordinance") which establishes Lakes Planned Unit Development District ("the Lakes District") with respect to the real estate legally described in what is attached hereto and incorporated here in by reference as Exhibit 1 (the "Real Estate"). NOW, THEREAFORE, BE IT ORDAINED by the Council, that (i) pursuant to I.C. § 36-7-4-1500 et seq., it adopts the Lakes Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Lakes Ordinance and its exhibits are hereby 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(iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Lakes Ordinance, and (iv) this Lakes Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 1 Section 1.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 Lakes District. Section 1.2 Development in the Lakes District shall be governed entirely by (i) the provisions of this Lakes Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in the Lakes Ordinance. In the event of a conflict or inconsistency between this Lakes Ordinance and the Zoning Ordinance, the provisions of this Lakes Ordinance shall apply. Section 1.3 Any capitalized term not defined in Section 2 of this Lakes PUD shall have the meaning as set forth in the Zoning Ordinance in effect on the date of the enactment of this Lakes Ordinance. Section 1.4 All violations of this Lakes Ordinance shall be subject to Section 34.0 of the Zoning Ordinance. 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 regulations of this Lakes 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. 2 Section 2.2 Definitions. The following definition shall apply throughout this Lakes 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. Aggregate Side Yard: The sum of the widths of the two (2) side yards located on one (1) lot. Architectural Review Board: A board, established by the Declaration(s) of Covenants, responsible for reviewing each Dwelling prior to the commencement of the construction thereof. 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 mansard roof and to the mean height between caves and ridges for gable, hip and gambrel roofs. BZA: The City's Board of Zoning Appeals. City: The City of Carmel, Indiana. Commission: The Carmel Plan Commission. Community Open Space: Open Space that is accessible to all owners in the Lakes District, Community Open Space shall be in the areas identified on the Concept Plan Exhibit 2 as Community Open Space. Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit 2 which is the primary plat of the Real Estate. 3 Controlling Developer: Shall mean Indiana Land Development until such time as Indiana Land Development transfers or assigns, in writing, its rights as Controlling Developer. Such Rights may be transferred by the Controlling Developer, in its sole discretion, in whole or in part. To transfer all or any portion of its rights as Controlling Developer, Indiana Land Development may (i) name each individual owner of parcels within the Real Estate as Controlling Developer solely with respect to such parcels owned by each such individual owner, (ii) establish a committee of individual owners of the Real Estate within the Real Estate to act as a Controlling Developer with respect o such parcels owned by all such owners, or (iii) use either method described in (i) and (ii) above with respect to different portions of the Real Estate. Council: The City Council of Carmel, Indiana. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions applicable to the Real Estate, or any portion thereof, which shall be prepared and recorded by the Controlling Developer in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Department: The Department of Community Services of the City of Carmel, Indiana. Development Requirements: Development standards and any requirements specified in this Lakes Ordinance. Director: Director, or Administrator, of the Department "Director" and "Administrator" shall include his/her authorized representatives. Dwelling: A detached single family residence. Front Loaded Garage:A garage the garage door of which is parallel both to the primary front facade of a Dwelling and to the street in front of the primary front fagade of the Dwelling. Masonry: Brick, stone, manufactured or synthetic stone, and stucco. 4 Open Space: Open space shall comprise a parcel or parcels of land, an area 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 for the use and enjoyment of some or all of the residents of the Lakes District. Except as otherwise provided herein, open space does not include any area which is divided into building lots or streets. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Primary Roof. The roof on a Dwelling which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit 1, and comprising 9.571 acres, more or less. Sign: Any type of sign as further defined and regulated by this Lakes Ordinance and the Sign Ordinance, contained within the Zoning Ordinance. 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. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Lakes District unless prohibited in the Declaration(s) of Covenants; provided, however, that any detached accessory building 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. 5 Section 4. Development and Architectural Standards. Section 4.1 The development and architectural standards applicable to all Dwellings are specified in the Site Requirement Matrix Exhibit 3. Section 4.2 The applicable character illustrations, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit 4. Section 5. Open Space. Open space shall comprise a minimum of 4 acres and shall be in the areas identified on the Primary Plat Exhibit 2. Section 6. Landscaping Requirements. The landscaping in the Lakes District shall be specified in Exhibit 5 (the Landscape Plan). Section 6.1. General Landscaping Standards. Landscaping shall be integrated with other functional site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing or entry features. 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 Departments Urban Forestry Section. 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. B. Shade trees shall be at least 2.5 inches in caliper diameter when planted. Ornamental trees shall be eight (8) feet in height when planted. Shrubs shall be at least twenty-four (24) inches in height when planted. Ornamental grasses shall obtain a mature height of at least 3 feet. 6 C. Trees with Tree Preservation Areas identified on the Exhibit 5 shall be preserved; provided, however, trees may be removed under any of the following circumstances: 1. As is necessary to clear underbrush and dead trees; 2. As is necessary for the installation of access easement, paths, sidewalks, utilities and drainage improvements, infrastructure; and 3. As is necessary for public health and safety as determined in cooperation with the Urban Forester. Section 6.2. Dwelling Landscaping Standards. Building base landscaping for each Dwelling shall include a minimum of fourteen (14) shrubs and/or ornamental grasses, two (2) shade trees and one (1) ornamental tree, and shall be planted along the (i) front elevation of the Dwelling and (ii) the side elevations of the Dwelling not occupied by a driveway or a garage door. Section 6.3. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping in accordance with this Lakes Ordinance and best management practice standards. This is to include, but is not limited to, mowing, tree trimming, planting, maintenance contracting, 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 7. Signs and Street Lights. Unless variances are granted by the BZA, signage for all residential areas shall meet the requirements of Article 25.7 of the Zoning Ordinance. Illumination of any monument signs identifying the Lakes District shall be from a source external to such to such signage. All street lights located within the public rights-of-way shall have downcast fixtures/90 degree cutoff. 7 Section 8. Maximum Unit Limitation. The total number of Dwellings shall not exceed twelve (12). Section 9. Homeowners Association and Declaration of Covenants. Declarations of Covenant(s) shall be prepared by the Controlling Developer and recorded with the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners' Association(s). The Declaration(s) of Covenants shall establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of Dwellings and, with respect to the residential guidelines regarding the design and appearance of Dwellings and, with respect to residential colors, shall provide that (i) selected colors must be harmonious with colors used on the Dwelling, such as roofing and brick, and must be harmonious with other colors used in the Lakes District, (ii) multiple colors are available on the color palette approved by the Architectural Review Board, which, from time to time, may be reviewed and updated. Section 10. Approval Process. Section 10.1. Approval or Denial of the Primary Plat/Development Plan. A. Concept Plan. The Concept Plan 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 the Commission for primary plat approval. B. 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 Concept Plan and is in conformance with the Development Requirements of this Lakes Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and 8 schedule the request for hearing before the Commission. Section 10.2. Modification of Development Requirements. A. The Commission may, upon petition of the Controlling Developer, modify any requirements specified in this Lakes Ordinance. B. Modification of the Developer, may be approved by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which denies any requested modification may be appealed by the party requesting approval to the Commission, also in accordance with the Commission's Rules of Procedure. C. Any proposed modification of the Development Requirement shall comply with the following guidelines: 1. The modification shall be in harmony with the purpose and intent of this Lakes Ordinance. 2. The modification shall not have an adverse impact on the physical, visual, or spatial characteristics of the Lakes District. 3. The modification shall not have an adverse impact on the streetscape and neighborhood. 4. The modification shall not result in configurations of lots or street systems which shall be unreasonable or detract materially from appearance of Lakes District. 5. The minimum lot size of any lot to be created shall not be reduced below the requirements of this Lakes Ordinance. 9 D. When applying the Development Requirements, the commission shall carefully weigh the specific circumstances surrounding the modification petition and strive for development solutions that promote the spirit, intent and purposes of this Lakes Ordinance. E. If the Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse impact on development in Lakes District, it shall grant a modification of the Development Requirements. In granting modifications, the Commission may impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of the Lakes Ordinance. Section 11. Controlling Developer's Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer. A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any signs within the Real Estate; C. Building permits for any buildings within the Real Estate; D. Secondary plat approval for any part of the Real Estate; and E. Any text amendments or other variations to the terms and conditions of this Lakes Ordinance. 10 PASSED by the Common Council of City of Carmel, Indiana this day of , 2012, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider ------------------ -------------------- Richard L. Sharp, President Pro Tempore Carol Schleif ------------------- -------------------- Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Sn der ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this__- day of — 2012, at_ —.M. Diana L. Cordray, IAMC, Clerk-Treasurer 11 Approved by me, Mayor of the City of Carmel, Indiana,this day of 2012, at _.M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer 12