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HomeMy WebLinkAboutPUD c-dy2 3 4 5 6 7 8 Sponsor: Councilor 9 10 11 12 13 14 15 16 CARMEL, INDIANA 17 18 19 20 21 22 23 Westbridge 24 PLANNED UNIT DEVELOPMENT 25 26 27 ORDINANCE Z- -18 28 29 30 31 32 33 34 35 36 37 38 September 21, 2018 1\13422579.3J\13477579 4 _ !tt o/805 G V 41 TABLE OF CONTENTS 42 43 Page 44 45 Section 1. Applicability of Ordinance 2 46 Section 2. Definitions and Rules of Construction 2 47 Section 3. Uses and Accessory Uses 4 48 Section 4. Development and Architectural Standards 4 49 Section 5. Open Space Requirements 7 50 Section 6. Landscape Requirements 9 51 Section 7. Signage 13 52 Section 8. Miscellaneous Requirements and Standards 13 53 Section 9. Development Procedure 14 54 Section 10. Controlling Developer's Consent 15 55 Section 11. Violations and Enforcement 15 56 Section 12. Exhibits 15 57 58 Exhibit A. Legal Description of Real Estate 59 Exhibit B. Concept Plan 60 Exhibit C. Architectural Standards 61 Exhibit D. Primary Plat with Landscape Plan 62 Exhibit E. Conceptual Townhouse Elevations 63 Exhibit F. Home Elevation Options 64 Exhibit G. Open Space Plan 65 Exhibit H. Landsca ep Plan 66 67 68 69 Sponsor: Councilor 70 71 ORDINANCE 72 73 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 74 INDIANA,ESTABLISHING THE COPPERLEAF 75 PLANNED UNIT DEVELOPMENT DISTRICT 76 77 Synopsis 78 79 The Ordinance would establish the Westbridge Planned Unit Development District. The 80 Ordinance would rezone 14.08+/- acres located southeast of the intersection of 106th Street and 81 Michigan Road from the S-1 District zoning classification to a Planned Unit Development 82 District allowing for the development of a residential neighborhood that would include up to 41 83 Townhouse units and a maximum of 3 single family dwellings. The PUD provides for enhanced 84 architectural and landscaping standards, which includes requirements for all four sides of a 85 home. 86 WHEREAS, Section 31.06.04 of the Carmel/Clay Zoning Ordinance Z-289, as amended 87 and in effect as of December 1, 2018 (the"Zoning Ordinance"), provides for the establishment of 88 a PUD District in accordance with the requirements of IC 36-7-4-1500 et. seq. (the "PUD 89 Statute"); 90 91 WHEREAS, ISBG Capital, LLC, an Indiana limited liability company ("Petitioner"), 92 submitted an application to the Carmel/Clay Plan Commission(the"Plan Commission")to adopt 93 a PUD District Ordinance for certain real estate located in the City of Carmel, Hamilton County, 94 Indiana, as legally described in Exhibit A attached hereto (the "Real Estate"), which application 95 was docketed as 18010004 Z; 96 97 WHEREAS, Petitioner's application is consistent with the provisions of the Zoning 98 Ordinance and the PUD Statute; 99 100 WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and 101 the Zoning Ordinance, the Plan Commission conducted a public hearing concerning Petitioner's 102 application for a PUD District Ordinance on June 19, 2018; 103 104 WHEREAS, the Plan Commission, at its public hearing on , 2018, at 105 6:00 p.m., gave a favorable recommendation to the ordinance set forth herein which establishes 106 the Westbridge Planned Unit Development District (the"Westbridge District"); 107 108 NOW, THEREFORE, be it ordained by the common council of the City of Cannel, 109 Indiana(the"Council"),that pursuant to IC 36-7-4-1500 et. seq., (i) it adopts this ordinance (the 110 "Westbridge Ordinance") as an amendment to the Zone Map, all prior ordinances or parts thereof 111 inconsistent with any provision of this Westbridge Ordinance and its exhibits are hereby made 112 inapplicable to the use and development of the Real Estate, and (iii) this Westbridge Ordinance 113 shall be in full force and effect from and after due passage and signing. 114 Section 1. Applicability of Ordinance. 115 Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned 116 Unit Development district known as Westbridge District. 117 Section 1.2 Development in the Westbridge District shall be governed entirely by (i) 118 the provisions of this Westbridge Ordinance and its exhibits, and (ii) those provisions of 119 the City of Cannel Unified Development Ordinance, Z-625-17, effective as of January 1, 120 2018. In the event of a discrepancy and/or conflict between the Westbridge Ordinance 121 and the UDO, the provisions of this Westbridge Ordinance shall apply. If this 122 Westbridge Ordinance is silent with respect to a development standard or requirement of 123 the UDO, such development standards and requirements of the UDO not addressed 124 herein, to the extent applicable and not inconsistent with the terms hereof, shall be 125 deemed incorporated herein by this reference. 126 Section 2. Definitions and Rules of Construction. 127 Section 2.1 The following general rules of construction and definitions shall apply to 128 the Westbridge Ordinance: 129 A. The singular number includes the plural and the plural the singular, unless 130 the context clearly indicates otherwise. 131 B. Any capitalized term not defined herein shall have the meaning as set forth 132 in the UDO in effect on the date of the enactment of this Westbridge 133 Ordinance. 134 C. Words used in the present tense include the past and future tenses, and the 135 future the present. 136 D. The word "shall" indicates a mandatory requirement, while the word 137 "may" indicates a permissive requirement. 138 Section 2.2 Definitions. Capitalized terms used in this Westbridge Ordinance shall 139 have the following definitions: 140 A. Anti-Monotony Code: The Anti-Monotony Code attached hereto as 141 Exhibit D. 142 B. Accessory Structure: A structure which is subordinate to a Dwelling or 143 use located on the Real Estate and which is not used for permanent human 144 occupancy. 2 145 C. Accessory Use: A use subordinate to the main use, located on the Real 146 Estate or in the same Dwelling as the main use, and incidental to the main 147 use. 148 D. Architectural Form: The Architectural Form is comprised of the 149 elevations and renderings attached hereto as Exhibit E for Townhouse 150 Units and Townhouse Buildings and are intended to generally and 151 conceptually illustrate an application of the Development Requirements. 152 Architectural Form is general and not intended to delineate the only final 153 Dwelling designs that may be built. Dwellings shall comply with the 154 Architectural Standards, but may vary. 155 E. Architectural Standards: The Architectural Standards incorporated in 156 Exhibit C as provided in Section 4.4 of this Westbridge Ordinance. 157 F. Building: A structure having a roof supported by columns and walls, for 158 the shelter, support, or a Dwelling. 159 G. City: The City of Carmel, Indiana. 160 H. Controlling Developer: Shall mean ISBG Capital, LLC, until such time as 161 Petitioner transfers or assigns, in writing, it rights as Controlling 162 Developer. 163 I. Declaration of Covenants: Declaration of Covenants, Conditions and 164 Restrictions applicable to the Real Estate, or any portion thereof which 165 shall be prepared by Controlling Developer and recorded in the office of 166 the Recorder of Hamilton County, Indiana. 167 J. Conceptual Plan: The conceptual plan attached hereto and incorporated 168 herein by reference as Exhibit B. 169 K. Development Requirements: Written development standards and 170 requirements specified in this Westbridge Ordinance, which must be 171 satisfied in connection with the approval of a Primary Plat, Secondary Plat 172 and Building Permits. 173 L. Dwelling: A single-family residence intended for the occupancy of one 174 family. 175 M. HOA: The home owner's association established by the Declaration of 176 Covenants. 177 N. Lot Coverage: The percentage of a Lot which can be developed 178 (Buildings, principal or accessory; storage areas; driveways, parking lots, 179 patios, sidewalks (excluding those located in rights-of-way) and other 180 accessory Uses). 3 181 O. Masonry: Brick, stone, manufactured or synthetic stone or brick, 182 limestone, natural stone, and cultured stone. 183 P. Open Space: Open Space shall comprise a parcel or parcels of land, areas 184 of water, or a combination of land and water, including flood plain, 185 pipeline easements and wetland areas, located within the Real Estate and 186 designed by the Controlling Developer. Except as specifically provided 187 for otherwise herein, Open Space does not include any area which is 188 divided into Dwellings, Townhouse Units, Lots, or internal streets. Open 189 Space shall be in the areas identified on the Primary Plat and shall include 190 all areas labeled"Common Area". 191 Q. Plan Commission: The City's Plan Commission. 192 R. Primary Roof: The roof on a Dwelling or Building which has the longest 193 ridge line. 194 S. Real Estate: That certain real estate located in the City, Hamilton County, 195 Indiana as legally described on Exhibit A attached hereto. 196 T. Sign: Any type of sign as further defined and regulated by this Westbridge 197 Ordinance and Section 5.39: Sign Standards of the UDO. 198 U. Townhouse Building: A Building containing two or more Townhouse 199 Units arranged side by side, separated by common walls between living 200 areas, each having more than one story. 201 V. Townhouse Unit: A Dwelling located in a Townhouse Building. 202 W. Townhouse Area: The portion of the Real Estate noted as "Townhouse 203 Area"on the Conceptual Plan, which area can be increased or decreased in 204 size by ten percent (10%) or less when filing for the Primary Plat and 205 Secondary Plat. 206 X. Detached Single Family Area: The portion of the Real Estate noted as 207 'Detached Single Family Area"on the Conceptual Plan, which area can be 208 increased or decreased in size by ten percent (10%) or less when filing for 209 the Primary Plat and Secondary Plat. 210 Y. UDO: The City's Unified Development Ordinance, Z-625-17, effective as 211 of January 1, 2018, as amended and effective as of the date of this 212 Westbridge Ordinance. 213 Z. Zone Map: The City's official Zone Map corresponding to the UDO. 4 214 AA. Any other capitalized term used herein not defined above shall have the 215 meaning ascribed to it in the UDO, unless specifically provided otherwise 216 herein. 217 218 219 220 Section 3. Uses and Accessory Uses. 221 Section 3.1 Single Family Detached Dwellings, Open Space (Common Areas), 222 Townhouse Buildings, Townhouse Units, outdoor pavilion, and any use permitted under 223 the S-1 District of the UDO shall be permitted in the Westbridge District. 224 Section 3.2 All Accessory Structures and Accessory Uses allowed under the S-1 225 District of the UDO shall be permitted in the Detached Single Family Area. Accessory 226 Structures shall not be permitted in the Townhouse Area. 227 Section 3.3 Not more than forty-one (41) Townhouse Dwellings shall be constructed 228 on the Townhouse Area, and not more than tlfee Q (32) detached Single Family 229 Dwellings on the Detached Single Family Area. Any right-of-way to be dedicated shall 230 be done prior to the issuance of the first building permit for a Dwelling in the Westbridge 231 District. 232 Section 4. Development and Architectural Standards. 233 Section 4.1 Bulk/Building/Lot Requirements for Detached Single Family Area. 234 A. Minimum Lot Width : N/A 235 B. Minimum Lot Area: one(1) acre 236 C. Minimum Setback to any Lot Boundary: Thirty-five (35) feet or such 237 greater amount as shown on the Primary Plat. 238 D. Maximum Lot Coverage: Thirty-five percent(35%). 239 E. Maximum Building Height at the mean of the Primary Roof: Thirty-five 240 feet (35) feet. 241 F. Minimum Ground Floor Area(exclusive of porches, terraces and garages) 242 (i) for a one (1) story or one and one-half story (loft) Dwelling, shall be 243 two thousand eight hundred (2,0002,800) square feet, and (ii) for a two 244 (2) story Dwelling shall be one thousand two hundred (1,200) square feet 245 for the first floor with a required minimum aggregate of two thousand 246 {2,000eight hundred (2,800) square feet excluding basement. 5 247 G. Maximum number of Lots: ThrceTwo (32) 248 Section 4.2 Bulk/Building/Lot Requirements for Townhouse Area. 249 A. Minimum Lot Width at Building Line: twenty-four(24) feet. 250 B. Minimum Lot Area: One Thousand Nine Hundred (1,900) square feet 251 C. Minimum Front Yard Setback: Ten (10) feet or such greater amount as 252 shown on the Primary Plat. For the purposes of this Westbride 253 Ordinance, the "Front" of a Townhouse Building shall be long façade that 254 does not face the alley/road. 255 D. Minimum Separation between Townhouse Buildings: Ten(10) feet. 256 E. Minimum Side Yard: Fifteen (15') from Real Estate boundary, otherwise 257 not applicable. 258 F. Minimum Rear Yard Setback: Twenty (20) feet. For the purposes of this 259 Westbridge Ordinance, the "Rear" of a Townhouse Building shall be long 260 façade that faces the alley/road. 261 G. Maximum Lot Coverage: N/A 262 H. Maximum Building Height at the mean of the Primary Roof: forty feet 263 (40) feet. 264 I. Minimum Area of Townhouse Unit: Two Thousand (2,000) square feet 265 J. Maximum number of Townhouse Units per Townhouse Building: Six(6) 266 K. Minimum Height: Three (3) stories 267 Section 4.3 Primary Plat. The Primary Plat, which is attached hereto as Exhibit D for 268 the Townhouse ArcaReal Estate has been reviewed and approved by the Plan 269 Commission and constitutes the approved Primary Plat for the Townhouse "reaReal 270 Estate as required by the UDO and this Westbridge Ordinance. Consequently, the owner 271 or developer of the Real Estate shall not be required to return to the Plan Commission to 272 obtain Primary Plat approva -- - -. - •- - - - - • - -- 273 e . - - . -- ' : --,--• •: - 274 .274 • : : - - . . _•-: - : 275 . : • - - • - -- . ' : : . - - - • • . All Secondary Plats 276 shall be consistent with the approved Primary PlatsPlat. 277 Section 4.4 Architectural Standards. The Architectural Standards attached hereto as 278 Exhibit Bc shall apply to all improvements constructed, installed, repaired or maintained 6 279 on the Real Estate. The exterior of Townhouse Buildings shall be similar to those shown 280 on the conceptual home elevations attached hereto as Exhibit E. 281 Section 4.5 Lot Lighting. 282 A. All detached Dwellings in the Detached Single Family shall have two 283 coach lights, which shall both be located on opposite sides of the garage. 284 The light fixtures shall be consistent and equipped with a photo cell so that 285 the light is on from dusk to dawn. 286 B. Each Townhouse Unit shall include one (1) light above the landing of the 287 stoop at the front door, and one(1) light by the garage, centered above the 288 door. All lights shall be of consistent design. 289 290 Section 4.6 Street Lighting. The Controlling Developer shall install street lights in the 291 street right-of-way as shown on the approved Primary Plat. Such street lights shall 292 include LED elements, be installed at all intersections and between intersections at 293 intervals of no greater than four hundred feet (400'), meet all applicable City standards 294 and be reviewed and approved by the City. The Declaration of Covenants shall require 295 that the HOA maintain, at its cost, the street lights. Notwithstanding the forgoing, street 296 lights shall not be required along the alley between the rears of the Townhouse Buildings, 297 but shall be required at the turnaround west of the Townhouse Buildings and near the 298 guest parking and amenity pavilion area. 299 Section 4.7 Parking. 300 A. Two (2) spaces per Dwelling are required in the Detached Single Family 301 Area. Parking Spaces within driveways and within garages shall count 302 towards this requirement. Driveways in the Detached Single Family Area 303 shall be a minimum of twenty-five(25) feet in length as measured from the 304 street right-of-way. Parked cars shall not encroach onto or block 305 sidewalks. Driveways shall be concrete, stamped concrete, brick, porous 306 concrete, or stone or pervious pavers. Asphalt driveways shall not be 307 permitted. 308 B. Two (2) spaces per Dwelling are required in the Townhouse Area. 309 Parking Spaces within driveways and within garages shall count towards 310 this requirement. Driveways in the Townhouse Area shall be a minimum 311 of twenty-five (25) feet in length as measured from the back of curb to the 312 face of the garage door. Driveways shall be concrete, stamped concrete, 313 brick, porous concrete, or stone or pervious pavers. Asphalt driveways shall 314 not be permitted. 7 315 C. Not less than eight (8) guest parking spaces shall be constructed prior to 316 the occupancy of the first Townhouse Unit as shown on the Concept Plan 317 and Plat. 318 Section 4.8 Fences. 319 A. Except as provided in Section 4.9(B), any fence constructed on the Real 320 Estate shall be a maximum of six (6) feet in height, black and shall be 321 constructed only of wrought iron or aluminum. Fences taller than forty- 322 two inches(42") shall not be installed in front yards, and no fences shall be 323 permitted within any easement without the approval of the Board of Public 324 Works pursuant to Section 6-227(a)(4) of the Carmel City Code. 325 B. Developer shall install a fence that starts on the western boundary of the 326 Real Estate and extends in a southeasterly direction through the pipeline 327 easement to a point on the southern boundary of the Real Estate as shown 328 on the Concept Plan. Such fence shall be of a design approved by the 329 owner of the pipeline easement, and shall be installed prior to the 330 occupancy of the first Townhouse Unit. 331 Section 5. Open Space Requirements. Open Space is intended to allow for balance 332 between natural areas and the built environment. Open Space shall be under the control and 333 maintenance of the HOA under the Declaration of Covenants or subjected to restricted covenants 334 that are placed of record in the office of the Recorder of Hamilton County, Indiana. 335 Section 5.1 Minimum Open Space Requirement. Not less than the greater of 2.5 acres 336 or 35% of the Townhouse Area shall be Open Space. In addition, Lots in the Detached 337 Single Family Area shall be a minimum of one(1) acre in size. 338 Section 5.2 Location of Open SpoeesSpace. Open Spaces shall be provided in the 339 Townhouse Area as identified on the Geneepti Plan attached as Exhibit BG 340 and on the approved Primary Plat as "Common Areas" or "Open Space". Open Space 341 that complies with this Westbridge Ordinance shall be included in the Primary Plat for the 342 Detached Single Family Area. The HOA shall maintain, at its cost, all Open StrieesSpace. 343 Section 5.3 Tree Preservation. A minimum twenty-five feet (25') wide Tree 344 Preservation Area shall be located along the eastern and southern boundary of the Real 345 Estate as shown on the ConceptualPrimary Plat and Landscape Plan. Such Tree 346 Preservation Areas shall be regulated and well maintained in accordance with the 347 following: 348 A. The following best management practices shall be implemented with 349 respect to Tree Preservation Areas: 8 350 i) Removal of exotic and invasive species, e.g., bush honeysuckle, as 351 indicated in the Indiana Exotic and Invasive Plant List provided by 352 the City. 353 ii) Removal of dead, hazardous and at risk trees. 354 iii) Removal of vines growing on and up a tree. 355 iv) Removal of an overabundance of fallen and cut trees. 356 v) Planting of native trees. (See the Indiana Native Tree List provided 357 by the City.) 358 vi) Direct discharge of surface drainage of storm water from the rear 359 half of any lot that is adjacent to a tree preservation area. 360 vii) Establishment of any access easements, unpaved trails, utility and 361 drainage improvements on the Primary and Secondary Plats. 362 viii) Complete maintenance activities by following industry standard 363 using the current American National Safety Institute(ANSI) Z-133 364 and A-300 approved practices and methods. 365 B. The following activities shall not be permitted in any Tree Preservation 366 Areas: 367 i) Removal of native vegetation, unless dying, dead or diseased. 368 ii) Mowing and clearing any portion of a tree preservation area. 369 iii) Dumping of leaves and debris from outside locations into a tree 370 preservation area. 371 iv) Seeding; including grass seed, prairie mix seed, sod and the 372 planting of any type of garden unless approved by the Urban 373 Forester. 374 v) The construction of pools, sheds, garages, fences, playground 375 equipment, tree houses, fire pits and other permanent or semi- 376 permanent structures unless approved by the Carmel Board of 377 Zoning Appeals. 378 vi) Recreational activities that adversely impact the health, structure 379 and integrity of a tree preservation area, including, playground 380 equipment, basketball or tennis courts and pools. 381 C. The following shall be required for all Tree Preservation Areas: 9 382 i) Signs identifying the Tree Preservation Area shall be posted every 383 five hundred (500) feet around the perimeter of all Tree 384 Preservation Areas. Such signs shall state "Natural Preservation 385 Area—No mowing or spraying". 386 ii) Barriers shall be installed prior to site development and earth 387 moving activities, which shall be specified on all landscape, 388 construction, demolition and grading plans. Such barriers shall 389 remain in place during the site's construction activity. 390 D. The Declaration of Covenants shall (i) create tree preservation easements 391 that encumber the Tree Preservation Areas shown on the 392 ConceptLandscape Plan and Primary Plat:,, and (ii) include and apply 393 the requirements of this Section 5.3 to such tree preservation easements. 394 Section 5.4 Perimeter Treatment of Detention Pond. An eight feet (8') wide strip 395 around wet detention ponds shall be planted with native plant species that thrive along the 396 shores of ponds, lakes or in wet or damp soil environments. Such strip shall not be 397 mowed and shall be maintained in accordance with the best management practices 398 contained in Section 5.3; provided, however, that a single path to the pond through the 399 strip may be maintained to provide access to the pond for maintenance purposes. 400 401 Section 6. Landscape Requirements. 402 Section 6.1 General Landscaping. Landscaping shall be integrated, where appropriate, 403 with other functional and ornamental site design elements (e.g. hardscape materials, 404 entryway documentation, paths, sidewalks, natural areas, fencing or water features). A 405 detailed landscape plan showing the size, location and variety of all plantings outside of 406 the boundaries of a Lot shall be submitted and approved as part of the Primary Plats. 407 Landscaping shall substantially comply with the following general standards: 408 A. Landscaping should be designed with repetition, structured patterns and 409 complementary textures and colors. Alternate or pervious paving 410 materials or alternative planting media is permitted where planting space is 411 limited or where otherwise warranted by site design. 412 B. All plantings shall meet the following specifications: 413 i) Planting shall occur according to the American Standard for 414 Nursery Stock (ANSI Z60.1), and all trees shall be selected from 415 the Carmel Recommended Tree List published by the City's Urban 416 Forestry Program. Landscaping materials shall be appropriate to 417 local growing and climatic conditions. Plan suitability, 418 maintenance and compatibility with site constriction features are 10 419 factors that shall be addressed. The City's planting details shall be 420 required on the landscape plan. 421 ii) Shade trees shall have a minimum width of two and one half(2.5) 422 inches caliper at planting. 423 iii) Ornamental trees shall have a minimum width of one and one half 424 (1.5) inches caliper at planting. 425 iv) Evergreen trees shall have a minimum height of six (6) feet at 426 planting. 427 v) Shrubs shall have a minimum height of eighteen (18) inches at 428 planting. 429 C. Subject to the approval of the Urban Forester, existing vegetation may be 430 used to achieve required landscaping if(i) it is of suitable quality, size and 431 state of health to achieve required landscaping, and (ii) the method of 432 preservation utilizes best management practices for tree protection during 433 construction. Any preservation of existing vegetation shall constitute an 434 in-kind credit against the landscaping requirements of this PUD Ordinance. 435 D. All landscaping, as approved and shown on the Landscaping 436 Plan attached hereto as Exhibit H, shall be installed, weather permitting, 437 on the portion of the Real Estate that is the subject of a Secondary Plat 438 prior to issuance of a Certificate of Occupancy for the first Townhouse 439 Unit or Dwelling constructed within the portion of the Real Estate covered 440 by such Secondary Plat. If it is not possible to install the approved 441 landscaping because of weather conditions, a temporary Certificate of 442 Occupancy, which shall be conditioned upon a specified time to complete 443 the installation of all uninstalled landscape material, may be requested. 444 E. All landscaping approved as part of a Primary Plat shall not be 445 substantially altered, eliminated or sacrificed without first obtaining further 446 Plan Commission approval. However, minor material alterations in 447 landscaping may be approved by the Director or his or her designee in 448 order to conform to specific site conditions. 449 F. All landscaping shall be properly maintained, which shall include the 450 replacement of dead plantings with identical varieties or suitable substitute, 451 mulching of planting areas, and keeping the landscaped areas free of 452 refuse, debris, rank vegetation and weeds. 453 Section 6.2 Conflict with Utilities. Notwithstanding anything herein to the contrary, 454 no tree shall be planted in conflict with drainage or utility easements or structures, 455 underground detention (unless so designed for that purpose), or other rules, regulations 456 or ordinances of the City. However, where the logical location of proposed utilities 11 457 would compromise the desired effect, the Controlling Developer may solicit the aid of the 458 City's Urban Forester in mediating an alternative. 459 Section 6.3 Landscape Plan. A full sized and to scale landscape plan shall be 460 submitted with a Primary Plat application. Such landscape plan shall include, at a 461 minimum, the following: 462 A. Location and spacing of existing and proposed plant material. 463 B. Types of plant material identified by botanical and common names. 464 C. Size of material, in diameter and height, at installation and maturity. 465 D. Quantity of each of the planting materials to be installed. 466 E. Methods of protecting landscaped areas and tree preservation areas. 467 Section 6.4 Perimeter Bufferyard. 468 A. A perimeter bufferyard that complies with the requirements of this Section 469 6.4 shall be installed along the boundaries of the Westbridge District. 470 Within any perimeter bufferyard, evergreen trees may be substituted in lieu 471 of the required shrubs on a 1:3 basis (one evergreen tree equals three 472 shrubs). Drainage improvements shall be permitted within the perimeter 473 bufferyards described above in this Section 6.4 and elsewhere in this 474 Westbridge Ordinance, conditioned upon conformance to Section 9.6 475 below. Perimeter bufferyards may either be located within Open Spaces 476 or on Lots. If Perimeter bufferyards are located on a Lot, it shall be within 477 a landscape easement as shown on the Secondary Plat. Perimeter 478 bufferyards shall not be located within any portion of a Street Right-Of- 479 Way, Private Street Right-Of-Way, pipeline easement or county regulated 480 drain easement. The perimeter bufferyards shall contain, at a minimum, 481 three (3) shade or evergreen trees per one hundred linear feet, two (2) 482 ornamental trees per one hundred linear feet, and fifteen (15) shrubs per 483 one hundred linear feet. The minimum width of the perimeter bufferyards 484 shall be twenty five feet (25') except along the western boundary, which 485 shall be fifteen feet(15') in width. 486 B. Existing vegetation may be applied toward a Perimeter bufferyard when: 487 1. The vegetation located upon the subject parcel is of a quality and state of 488 health to achieve buffering; 489 2. The vegetation proposed is to be preserved using accepted best 490 management practices for tree protection during construction. A tree 491 protection detail is required on the Landscape Plan and associated 492 construction documents;and 12 493 3. Tree preservation area guidelines are submitted with the Landscape Plan 494 to manage and protect these areas. 495 Section 6.5 Lot Plantings for Detached Single Family Area. 496 A. Front landscaping, which is landscaping located in front of a home, on 497 each Lot shall include the following: 20 shrubs (minimum 2 gallon 498 planted); and 4 yard trees (two shade tree / two ornamental tree) (2" 499 minimum caliper outside planting bed). 500 B. Lawns: Each home shall utilize either sod (with or without irrigation) or 501 hydroseed with irrigation in all front yards to the front corners of the 502 home. All side yards and rear yards must be seeded with straw at a 503 minimum and no irrigation is required. 504 C. Lot Plantings consistent with this Section 6.5 shall be required under the 505 Declaration of Covenants. Such provisions shall also include: (i) that the 506 Lot Plantings shall be installed as soon as reasonably possible after the 507 completion of a Dwelling on the Lot, weather permitting, (ii) that the 508 obligation to install the Lot Plantings is the sole responsibility of the owner 509 of the Lot, and (iii) the owner of the Lot shall be required to maintain and 510 replace, as necessary,the required Lot Plantings. 511 Section 6.6 Access Drive Trees and Planting Strips. 512 A. Large growing street trees shall be planted along all shared access drives 513 in provided planting strips as shown on the Landscape Plan and Primary 514 Plat for the Detached Single Family Area. Such trees shall be planted a 515 minimum of twenty-five (25) feet and a maximum of forty (40) feet on 516 center and are not required to be evenly placed. 517 B. Street trees shall be planted along the alley to the rear of the Townhouse 518 Building as shown on the ConceptualLandscape Plan and Primary Plat. 519 Section 6.7 Landscaping in Pipeline Easements. To the extent permitted by the owner 520 of the pipeline easement that crosses the Real Estate, native grasses shall be planted along 521 the perimeter of such pipeline easements. 522 Section 7. Signage. All signage on the Real Estate shall comply with Section 5.39 of the 523 UDO. 524 Section 8. Miscellaneous Requirements and Standards. 525 Section 8.1 Premises Identification. Premises identification shall meet the requirements 526 of Section 5.35 of the UDO. 13 527 Section 8.2 Home Occupations. Home Occupations shall meet the requirements of 528 Section 5.18 of the UDO. 529 Section 8.3 Right-Of-Way. 530 A. Public right-of-way shall not be required within the Detached Single 531 Family Area. A shared access drive that extends from the primary 532 entrance to the Real Estate from 106th Street may be utilized for up to 533 4h eet=(32) Lots. Such shared access shall be not less than twenty(20) 534 feet wide and have a cross-section that has been approved by the 535 Department of Engineering for the City and the City of Cannel Fire 536 Department. Gating of the access road shall be permitted, provided the 537 provisions of Section 7.26(C) of the UDO have been met. 538 B. With the exception of the entrance from 106th Street, which shall have a 539 minimum right-of-way width of fifty-six feet (56'), the alley that extends 540 from the entrance along the guest parking and between the rears of the 541 Townhouse Buildings shall have a minimum right-of-way width of forty 542 feet (40') and have a cross section that complies with Typical Street Cross 543 Section as shown on the Primary Plat. The turnaround located west of the 544 Townhouse Buildings shall be approved by the City of Cannel Fire 545 Department. The alley may be private or public in nature, and shall be 546 designated as such on the Secondary Plat for the Townhouse Area. 547 Section 8.4 Sidewalks/Paths. 548 A. Sidewalks internal to the Detached Single Family Area shall be installed 549 along all shared access drives. Sidewalks shall comply with the current 550 sidewalk standards for the City and shall be not less than five (5) feet in 551 width. 552 B. No sidewalk shall be required along the alley located along the rear of the 553 Townhouse Buildings. A continuous sidewalk not less than five feet (5') 554 in width shall be located parallel to and in the front of all Townhouse 555 Buildings, which shall be installed when each Townhouse Building is 556 constructed. A sidewalk of not less than three feet (3') in width shall be 557 installed between the front stoop of each Townhouse Unit and the 558 sidewalk that is located in front of and parallel to the Townhouse 559 Buildings. All sidewalks in the Townhouse Area shall connect to a 560 sidewalk that leads to the guest parking area, amenity pavilion and the 561 multi-use path along 106th Street. 562 C. All sidewalk or path intersections shall include ADA compliant ramps and 563 crosswalks. 14 564 D. A ten feet (10') wide multi-use paths shall be constructed along 106th 565 Street in accordance with the applicable regulations of the City; provided, 566 however, that such paths shall not be required if they already exist. 567 Section 8.5 Site Access and Road Improvements. Development of the Westbridge 568 District shall meet all applicable Thoroughfare Plan related improvement requirements as 569 identified in and required under the UDO unless otherwise specifically provided for in this 570 Westbridge Ordinance. 571 Section 8.6 Declaration of Covenants and HOA. A Declaration of Covenants shall be 572 prepared by the Controlling Developer and recorded in the office of the Recorder of 573 Hamilton County, Indiana. The Declaration of Covenants shall provide for a HOA to 574 manage and maintain the Open Spaces, establish an architectural review committee and 575 establish guidelines regarding the design and construction of Dwellings that shall not be 576 less restrictive than the Architectural Standards in Exhibit C. Covenants, requirements 577 and provisions of the Declaration of Covenants may be more strict but not any less strict 578 than the provisions of this Westbridge PUD. The Declaration shall prominently state that 579 all residents, their guests and invitees shall stay out of the ponds and the landscaping 580 planted around such ponds that are located in the Open Spaces because such ponds and 581 landscaping are bmps. Signage shall also be posted adjacent to all ponds that state, 582 "Storm Water BMP,Natural Preservation Area, Do Not Mow or Spray"as shown on the 583 Primary Plat. 584 Section 9. Development Procedure. 585 Section 9.1 Approval of the Primary Plat. A Primary Plat for the Townhouse Area has 586 been submitted by the Controlling Developer for approval by the Commission. Such Primary 587 Plat shall conform to the requirements of this Westbridge Ordinance. A Primary Plat for the 588 Detached Single Family Area shall be submitted to the Commission for approval through the 589 standard primary plat approval process under the UDO. 590 Section 9.2 Secondary Plat Approval. The Director shall have sole and exclusive 591 authority to approve, with or without conditions, or to disapprove any Secondary Plat; 592 provided, however, that the Director shall not unreasonably withhold or delay the 593 Director's approval of a Secondary Plat that is in substantial conformance with the 594 Primary Plat and is in conformance with the Development Requirements of this 595 Westbridge Ordinance. If the Director disapproves any Secondary Plat, the Director shall 596 set forth in writing the basis for the disapproval and schedule the request for hearing 597 before the Commission. 598 Section 9.3 ADLS Approval for Townhouse Area. Developer shall obtain ADLS 599 approval for the Townhouse Area through the standard ADLS approval process 600 contained in the UDO. 601 Section 9.4 Changes Requiring Council Approval. Changes that shall require 602 amendment of this Westbridge Ordinance through the standard rezone process include the 603 following: Increases in density or intensity; Changes in the proportion or allocation of 15 604 land uses; Changes in the list of approved uses; Changes in the locations of uses; and/or 605 Changes in the functional uses of open space, where such change constitutes an 606 intensification of use of the open space. 607 Section 9.5 Waiver of Design Standards. The Plan Commission may approve a 608 Design Standard Waiver for any applicable Design Standard pursuant to Section 9.15 or 609 Section 9.16 of the UDO. 610 Section 9.6 Variances of Development Requirements. The Carmel Board of Zoning 611 Appeals may authorize Variances from the terms of the Westbridge Ordinance, subject 612 to the procedure prescribed in Section 9.14 of the UDO. 613 Section 9.7 All landscaping requirements and other Open Space improvements 614 described in Sections 6 and 8 above for each section or phase of the Subdivision shall be 615 installed within six months of recording of the Secondary Plat for such section or phase. 616 Section 10. Controlling Developer's Consent. Without the written consent of the Controlling 617 Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, 618 whatsoever, with respect to the Real Estate or any portion thereof and,as such,and by way of example 619 but not by limitation, none of the following may be obtained without the approval and consent of 620 the Controlling Developer: 621 A. Improvement Location Permits for any improvements within the Real 622 Estate; 623 B. Sign permits for any Signs within the Real Estate; 624 C. Building permits for any Buildings within the Real Estate; 625 D. Primary Plat or Secondary Plat approval for any part of the Real Estate; 626 and 627 E. Any text amendments, variances, modifications of development 628 requirements or other variations to the terms and conditions of this 629 Westbridge Ordinance. 630 Section 11. Violations and Enforcement. All violations and enforcement of this Westbridge 631 Ordinance shall be subject to Article 10 of the UDO. 632 Section 12. Exhibits. All of the Exhibits (A-F) on the following pages are attached to this 633 Westbridge Ordinance, are incorporated by reference into this Westbridge Ordinance and are 634 part of this Westbridge Ordinance. 635 This Ordinance shall be effective upon its passage by the Council and approval by the 636 Mayor of the City, in accordance with Indiana Code 36-4-6 et seq. 16 Exhibit A Legal Description of Real Estate Part of the West Half of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of said Half Quarter Section 440.4 feet West of the Northeast corner thereof;thence South and parallel with the East line of said Half Quarter Section 684.3 feet to a point;thence West and parallel with the said North line 894.3 feet to a point in the West line of the said Northeast Quarter;thence North upon said West line 689.6 feet to a point on the said North line;thence East upon said North line 884.3 feet to the place of beginning, containing 14.0 acres, more or less. EXCEPT: that portion of the following described parcel which lies within the eastern boundary of the above described parcel: Part of the West Half of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Beginning on the North line of the West Half of the Northeast Quarter of Section 7, Township 17 North, Range 3 East 883.03 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the Northwest corner thereof;thence North 90 degrees 00 minutes 00 seconds East 7.03 feet;thence South 00 degrees 29 minutes 21 seconds West parallel with the East line of the West Half of said Northwest Quarter 566.95 feet;thence South 90 degrees 00 minutes 00 seconds West parallel with the North line of said Quarter 6.08 feet;thence North 00 degrees 23 minutes 36 seconds East 566.94 feet to the beginning point, containing 0.08 acres, more or less. ALSO: A part of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, Second Principal Meridian, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 7;thence North 00 degrees 06 minutes 18 seconds West along the West line of said Quarter Quarter Section 648.54 feet to a point on the West line of Merrrill(as recorded instrument number 6784 in the office of the Recorder of Hamilton County, Indiana);thence South 89 degrees 35 minutes 04 seconds West 383.78 feet to the point of beginning;thence South 89 degrees 35 minutes 04 seconds 56.00 feet to the Southeast corner of Hoffman (instrument number 8625484);thence North 00 degrees 06 minutes 18 seconds West along the East line of Hoffman 122.65 feet to the Southwest corner of Moretto (instrument number 8610265);thence North 89 degrees 34 minutes 23 seconds East along the South line of Moretto 56.00 feet;thence South 00 degrees 06 minutes 18 seconds East along said West line to the point of beginning, containing 0.16 acres, more or less. A-1 Exhibit B =Conceptual Plan B-1 Exhibit C ARCHITECTURAL STANDARDS Architectural Standards for Detached Single Family Area 1) Minimum Roof Pitch: Front to back: 6/12 Front gables: 8/12 Note: Ancillary roofs such as porches, bays or walkways may be less than the minimum requirement. Homes with a historical architectural style' that lends itself to a lower roof pitch shall be permitted. 2) Roofs and Roof Overhangs: All shingles shall be 30 year dimensional shingles or better Minimum framed front, side and rear overhang: 12 inches Note: Where masonry meets any overhang,the overhang shall measure a minimum of eight (8) inches. 3) Roof Ridgeline: A. Homes shall have a minimum of three(3) ridgelines, unless fewer is consistent with a historical style'of the home, in which case a minimum of two (2) ridgelines are required. Only two (2) ridgelines are required if the front and two sides of the first floor are masonry wrapped. B. Ridgelines shall only be considered if they are horizontal ridges which form the peak of a pitched area that are a minimum of four feet (4') in length. Covered and enclosed porches shall count as a ridgeline. 4) Corner Breaks: Each home shall have a minimum of three (3)corner breaks on the front façade and two (2) corner breaks on the rear facade. The exterior corners of a covered porch, the outermost corners of the home, and a projection with a height of no less than six(6) feet shall count toward this requirement. 5) Equipment Vents: All vents shall attach to the rear or side of the home to reduce visibility from the street. 6) Foundations: A. All homes shall have a full basement. Portions of home not over basement, such as the garage, shall be on slab. B. Crawl spaces shall be prohibited. C-1 7) Windows: A. Window type shall be vinyl, vinyl clad, aluminum clad or wood. B. Each front facade shall include a minimum of three(3)windows, and each rear façade shall include a minimum of five(5)windows. C. Each side facade shall include not less than two (2)windows per floor. Windows installed in a garage door shall count as one window for purposes of this requirement as long as the window(s) in the garage exceed an aggregate of five(5) square feet in size. D. The side of all garages that face the street/front yard shall include two (2) windows. E. In counting windows, a double-hung shall count as one(1) window and each casement window where the glass is enclosed by vinyl, vinyl clad or aluminum clad, or wood material frame shall count as one(1) window. Windows shall be a minimum of twelve(12) square feet in size in order to count towards the minimum window requirements on the front and rear of a home and a minimum of four(4) square feet in size in order to count towards the minimum window requirements on the sides of the home. F. All windows on a home shall be trimmed on all four sides except for windows that are (i)trimmed by Masonry, (ii) located on the front of the home and have shutters on both sides of the window, or(iii) located within a portion of a façade that is covered in Masonry. Trim boards shall not be less than 5/4"by 4" in size. 8) Garages: A. All homes shall have a minimum three-car attached side load garage B. The garage can protrude up to 15' from the farthest point of the front elevation of the home (the front edge of a porch shall be included even if the porch does not touch the garage). C. A home may include a "bolt on" one car garage that can face the street, provided that the garage door for such one car garage is set back at least 20' from the front façade of the side load garage-as depicted in the conceptual home elevations. 9) Masonry Requirements: A. Acceptable Masonry materials include the following: brick, stone, manufactured or synthetic stone or brick, limestone, natural stone, and cultured stone. Stucco and EIFS may be used as a complimentary material;provided, however, that Stucco and EIFS may only be used from 8' off of the ground and above. B. Except as provided in sub-section C, below, all homes shall have Masonry on at least fifty percent(50%) of the front façade(exclusive of windows, doors and garage doors). C-2 C. Homes with a historical architectural style' that lends itself to the use of less masonry may have less than fifty percent(50%)masonry on the front acad.; . , . - • - brick. D. A masonry wainscot shall be installed on the sides and rear of all homes. The water table shall not be less high than the lower of(i) 30"above grade, or(ii)the bottom of the windows on the applicable side of the home. This requirement shall not apply to any side of a home that contains 50%or more of masonry without the wainscot. 10) Siding Requirements: No vinyl or aluminum siding shall be permitted. Acceptable siding materials shall be wood, Hardiplank or similar composition fiber cement siding materials. All siding shall be lap siding or other architecturally dimensioned siding such as shakes. 11) Sides: The sides of homes shall include(i) one or more of the following on the side of the home: a change in material pattern, a gable peak change in material, a change of color with trim, a change in material, the addition of architectural detail or a change in pattern as shown on Exhibit F attached hereto, and(ii) five(5) shrubs(minimum 2 gallon planted) along the applicable side of the home. 12) Miscellaneous: A. Uniform mailboxes will be installed throughout the project. B. All fireplaces located on the exterior elevation of a home must be constructed of masonry and cannot be cantilevered or shed chimneys. Interior fireplaces protruding through the roof not on an exterior elevation of a home, are not required to be masonry, but must be decorative in nature using masonry, stucco or EIFS materials. Stucco and EIFS may only be used from 8' off of the ground and above. C-3 13) Front Porch/Stoops: A. All homes shall have a covered porch located in front of and adjacent to the front door. Stoops and steps in addition to the porch shall be permitted. B. All required porches shall be constructed of concrete, stone or brick. C. All required patios, porches or stoops shall be not less than fetiffiv4 feet (5')wide and not less than six feet (6') deep, including any portion that is covered or uncovered, or of differing widths. Historical architectural styles are styles such Colonial,Cape Cod,Farmhouse,Euro Country,Northern Craftsman,Cottage,Low Country,Prairie,Heartland or homes with various architectural elements taken from the foregoing to create more recent and modern versions of the foregoing. C-4 Architectural Standards for Townhouse Area 1) Permitted Materials A. Masonry(brick, stone, smooth faced C.M.U, cast stone, limestone) B. Fiber Cement Siding, Panels, and Trim C. Glass D. Wood and wood-like materials E. Metal and metal panels F. Textured paint G. Dimensional asphalt shingle roof H. Any other materials as approved by the Plan Commission per the ADLS petition process, which is found to be of a quality that is equal of superior to the above listed materials. 2) Masonry The first floor of all Townhouses shall be one hundred(100) percent masonry(exclusive of window and door openings). The front façade of all Townhouses shall be two-story masonry(exclusive of window and door openings). 3) Upper-Level Architecture Facades above the first floor shall incorporate compatible colors and materials as permitted in Section 1 above. Window treatments shall be consistent for various window types/configurations. 4) Windows A. Window type shall be vinyl, vinyl clad, aluminum clad or wood. B. All windows on a Townhouse shall be trimmed on all four sides except for windows that are(i)trimmed by Masonry, or(ii) located within a portion of a façade that is covered in Masonry, both of which shall have a masonry soldier course above the window and a masonry sill below the window. Trim boards shall be not less than 5/4"x 4" in size. 5) Building Entrances Entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, overhangs, and other features compatible with the architectural style. Exterior walks, steps, and stoops must be Masonry or stone pavers, or poured or precast concrete. 6) Railings,Balconies, Stoops and Decks A. All handrails, balconies, and decks, shall be metal, wood, or fiber cement. B. Rear decks shall span a minimum of seventy-five percent (75%) of the width of each Townhouse Unit. C. The front stepstoop of each Townhouse Unit shall be a minimum of five(5) feet deep. 7) Illustrative Rendering The illustrative architectural rendering, attached hereto as Exhibit E, is a general representation of the Townhouse Building elevations. Buildings shall be substantially consistent tja the renderings and otherwise comply with the C-5 standards set forth herein. Modifications may be approved by the Plan Commission per the ADLS petition process. 8) Roofs tVisible roofs shall be asphalt shingle roofing or standing seam metal roofing. B The ,.idc ooTownho,.se,.9) Townhouse Building Sides The side of a Townhouse Buildings that is not facing the side of another Townhouse Building that are adjacent to Open Space, exclusive of easements between buildings (a total of 4 sides), shall include . - . - . -- , : : • - ' . - :• : ' two (2) canopy or evergreen trees and a minimum of four(4) windows on the side façade, or(ii) two (2)canopy or evergreen treca. 10) Garage Doors Garage doors shall be decorative in nature as shown on the following elevation: C-6 Exhibit D PRIMARY PLAT • • ! - • • !. • ' ' - • • ! ' (Provided on following pages) D-1 Exhibit E Conce•tual Townhouse Elevation - 1 A ©© �, A ..., R. ... ... ul= tea.""^ '�. momm nno r _ 1 "e gra w r i 1 ii ( =4 ? — , ! ii'I •s _ s EXHIBIT F EXHIBIT G • , -4 •-is - , . — -–--- -- – ._ . ....- ,i. , A• . '... , --. ..-, -... .....p. ,,...•4 /...,• .V:.I• ,,V•F!' ,, ..,C. '.v'',,'-: 4'2-.-N1.=3I.IInI.I. „--I,I1k".)t•,r: IP - .•,, .-......' 1 n nie\ i „ 0 ...1 , 7,,,, s , .-, _. 1r ', Gable Peak chane in Materia ,.., . , ,„ 1 .., .,,. . . . 7 to' "1/4 la ...-- . \ \ — — — 4".. :Of il461401.1...-- a 4.4%. . atiatc," aa---- Chan:e in Color w/ Trim k.-.. Change in Material . ...401 ‘k....,, „A\ • . _ . _ ........_ • 4 I 1 /111°.°11filigilitill ' z ill kV/ 1 1 Arc itectural Detailing Change in Pattern EXHIBIT G Open Space Plan ugh] aduaspuu7 HIMI HI X ADOPTED by the Common Council of the City of Carmel, Indiana this day of 201_, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider Ronald E. Carter Anthony Green Jeff Worrell Bruce Kimball Sue Finkam Laura Campbell ATTEST: Christine Pauley, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 201_, at _.M. Christine Pauley, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 201_, at _.M. James Brainard, Mayor ATTEST: Christine Pauley, Clerk-Treasurer Prepared by: Timothy E. Ochs, Esq. Ice Miller, LLP The remainder of this page is left blank intentionally Summary report: Litera® Change-Pro 10.1.0.500 Document comparison done on 11/8/2018 2:48:36 PM Style name: IM Default Intelligent Table Comparison: Active Original DMS: dm://INDY/13422579/3 Modified DMS: dm://INDY/13422579/4 Changes: Add 45 Delete 35 TMn 1 Move To 1 Table Insert 0 Table Delete 0 Table moves to 0 Table-mews-from 0 Embedded Graphics(Visio, ChemDraw, Images etc.) 2 Embedded Excel 0 Format changes 0 Total Changes: 84