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HomeMy WebLinkAboutPUD Draft 12-20-19 Sponsors: Councilor __________ CARMEL, INDIANA 146th & Monon PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-___-20 December 20, 2019 146th & Monon PUD 3 122019.doc 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance .............................................................................................. 4 Section 2. Definitions and Rules of Construction .......................................................................... 4 Section 3. Accessory Buildings and Uses ....................................................................................... 5 Section 4. Development Standards .................................................................................................. 6 Section 5. Additional Requirements and Standards ........................................................................ 8 Section 6. Procedural Provisions .................................................................................................8 Section 7. Violations and Enforcement .....................................................................................10 Section 8. Exhibits .....................................................................................................................10 Exhibit A Legal Description Exhibit B Concept Plan Exhibit C Architectural Character Imagery Exhibit D Architectural Requirements Note: All of the above Exhibits (A-D) are attached to this 146th & Monon Ordinance, are incorporated by reference into this 146th & Monon Ordinance and are part of this 146th & Monon Ordinance. 146th & Monon PUD 3 122019.doc 3 Sponsors: Councilor _______________ ORDINANCE Z-___-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE 146th & MONON PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the 146th & Monon Planned Unit Development District Ordinance (the “146th & Monon PUD”). The Ordinance would rezone the real estate from R1 Residential to a Planned Unit Development district allowing the future development of the subject Real Estate for attached single-family residential homes. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the “PUD Statute”); and WHEREAS, Estridge Development Management, LLC, an Indiana limited liability company (“Estridge”), submitted an application to the Carmel Plan Commission (the “Plan Commission”) to adopt a PUD District Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); WHEREAS, Estridge’s application is consistent with the provisions of the UDO and PUD Statute; WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on _________, 2020 at 6:00 p.m. concerning Estridge’s application for a PUD District Ordinance, which application was docketed as 191200__ Z; WHEREAS, the Plan Commission, at its hearing on ________, 2020, at 6:00 p.m., has given a _____________ recommendation to this 146th & Monon PUD (the “146th & Monon Ordinance”), which establishes the 146th & Monon Planned Unit Development District (the “146th & Monon 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., the Council adopts this 146th & Monon Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this 146th & Monon Ordinance and its exhibits 146th & Monon PUD 3 122019.doc 4 are hereby made 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 146th & Monon Ordinance; and, (iv) this 146th & Monon Ordinance shall be in full force and effect from and after its passage and signing. 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 the 146th & Monon District. Section 1.2 Development in the 146th & Monon District shall be governed entirely by: (i) the provisions of this 146th & Monon Ordinance and its exhibits; and, (ii) only those provisions of the UDO specifically referenced in this 146th & Monon 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 146th & Monon 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” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this 146th & Monon Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this 146th & Monon Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the UDO. “ADLS”: The architecture, design, exterior lighting, landscaping and signage associated with a Building. “ADLS Approval”: Approval by the Plan Commission of architecture, design, lighting and landscaping and signage pursuant to the procedures for ADLS review of the UDO and the Development Requirements. Architectural Character Imagery: These comprise the elevations and perspectives attached hereto as Exhibit C (Architectural Character Imagery), and are intended to illustrate an application of the Development Requirements. The Architectural Character Imagery shall be the basis for the development of the final building designs that may be built provided all applicable Development Requirements are met, including ADLS Approval. 146th & Monon PUD 3 122019.doc 5 Bulk Requirements: The Bulk Requirements of Section 4.2 of this 146th & Monon Ordinance shall be applicable to the Tract. Individual Lots, as a Lot applies to an individual attached residential dwelling, shall not be subject to frontage, setback and/or coverage provisions of Section 4.2 of the 146th & Monon Ordinance. City: The City of Carmel, Indiana. Concept Plan: The general plan for the development of the Real Estate, including but not limited to building, parking and landscaping areas attached hereto as Exhibit B (Concept Plan). Declaration(s) of Covenants (“CCR’S”): Declaration(s) of Covenants, Conditions and Restrictions, if any, applicable to the Real Estate, or any portion thereof, which may be prepared and recorded by the owner / developer in its discretion in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. “Development Plan” or “DP”: A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of facilities, Buildings, and Structures. “Development Plan Approval” or “DP Approval”: A Development Plan Approved by the Plan Commission pursuant to the procedures for DP Approval of the UDO. Development Requirements: Written development standards and any written requirements specified in this 146th & Monon Ordinance, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Plan Commission: The City’s Plan Commission. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Tract: The Real Estate less any right-of-way dedication. Unified Development Ordinance (or “UDO”): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City’s official Zone Map accompanying and made part of the UDO. Section 3. Accessory Buildings and Uses. Section 3.1 Accessory Structures. All Accessory Structures shall be subject to the provisions of Section 4.2 below. 146th & Monon PUD 3 122019.doc 6 Section 3.2 Accessory Uses. All Accessory Uses permitted under the R-1 Residential District of the Zoning Ordinance shall be permitted in the 146th & Monon District. Section 4. Development Standards. Section 4.1 Permitted Uses: A. Attached Dwellings (side by side, for sale fee-simple dwellings, on individually deeded lots). The maximum number of Dwellings shall not exceed fifteen (15). B. Single Family Dwelling (Existing). Section 4.2 Bulk Requirements: A. Minimum Tract Size Required for Development Plan: See Real Estate. B. Maximum Building Height (measured grade to top of parapet): Thirty- eight (38) feet. C. Minimum / Maximum Front Yard Building Setback (146th Street): Five (5) feet Minimum / thirty (30) feet Maximum. D. Minimum / Maximum Front Yard Building Setback (Rolling Hills Drive): Fifteen (15) feet Minimum / fifty-five (55) feet Maximum at northeast corner. E. Minimum Side Yard Building Setback (west perimeter of Tract): Fifteen (15) feet. F. Minimum Rear Yard Building Setback (south perimeter of Tract): Ten (10) feet. G. Maximum Tract Coverage: Eighty (80) percent. H. Minimum Living Area per Dwelling: One-Thousand Five Hundred (1,500) square feet (excludes basement). Section 4.3 Building Architecture Requirements: Building Architecture shall be regulated per the terms of Exhibit D of this 146th & Monon Ordinance. Section 4.4 Landscaping Requirements: Landscaping shall comply with the Landscape Plan, General Provisions, Plant Material, and Installation and Maintenance Standards of the UDO, except as otherwise modified below. 146th & Monon PUD 3 122019.doc 7 A. Perimeter Bufferyard: i. No Bufferyard is required along the north, east and west perimeter of the Real Estate (146th Street and Rolling Hills Drive). ii. The Bufferyard along the south perimeter of the Real Estate shall be a minimum of nine and one-half (9.5) feet. iii. The buffer plantings within to the south bufferyard shall include: 5 shade or evergreen trees, 2 ornamental trees, and 20 shrubs per 100 linear feet). B. Street Trees: Street Trees shall only be required along 146th Street and Rolling Hills Drive subject to the standards of the UDO. C. Foundation Plantings: A minimum four (4) foot wide planting area shall be provided adjacent to no less than fifty (50) percent of the perimeter of each building exclusive of porches and stoops and garage door. D. Existing Utility Conflicts. When conflicts arise between required plantings and any utility lines or easements, the utility restrictions shall be followed, and required plantings will be installed at the nearest available location. Section 4.5 Parking: A. Parking shall meet the dimensional requirements of the UDO. B. The minimum drive aisle width shall be twenty (20) feet. C. All dwellings shall have a two-car attached garage. D. Eighteen (18) additional parking spaces shall be provided (excluding private garages). Parking Spaces (i) within driveways (tandem spaces in front of garages) and (ii) additional guest parking spaces shall count toward this requirement. E. A minimum of four (4) Short Term Bicycle Parking spaces shall be required. F. Long Term Bicycle Parking shall be provided within each required attached garage with a minimum of one (1) rack per garage. Section 4.6 Site Lighting: All site lighting within the Real Estate shall comply with the following standards. A. All site lighting is subject to ADLS approval. B. All site lighting shall be coordinated throughout the Real Estate and be of uniform design and materials. 146th & Monon PUD 3 122019.doc 8 C. Illumination levels shall not exceed 0.1 foot candles at all other property lines. D. Exterior lighting shall be architecturally integrated with the Building style, material and color. E. Exterior ground-mounted architectural, display and decorative lighting shall be generated from concealed, low level fixtures. F. Pole mounted lighting fixtures shall be prohibited. Section 4.7 Signage: All signage shall be subject to the requirements of the UDO. Section 5. Additional Requirements and Standards. Section 5.1. Premises Identification. Premises identification shall meet the requirements of the UDO. Section 5.2. Vehicular and Pedestrian Access. A. The configuration of vehicular access into the Real Estate shall be provided as illustrated on the Concept Plan. No vehicular access shall be permitted from 146th Street. B. Pedestrian connectivity shall be required internal to the site and between the Buildings and adjacent street rights-of-way. C. All sidewalks shall be a minimum of five (5) feet in width. D. An eight (8) foot path shall be required along the 146th Street right-of-way. Section 5.3. Required right-of-way: A. 146th Street: Sixty (60) foot half right of way. B. Rolling Hills Drive: Existing. Section 5.4. Storm Water Retention: Underground Stormwater management shall be provided. Section 6. Procedural Provisions. Section 6.1. Development Plans and ADLS. A. Development Plan (“DP”) and/or architectural design, exterior lighting, landscaping and signage (“ADLS”) approval by the Plan Commission, as prescribed in UDO, shall be required prior to the issuance of a Improvement 146th & Monon PUD 3 122019.doc 9 Location Permit to determine if the DP and ADLS satisfy the Development Requirements specified within this 146th & Monon Ordinance. B. The Real Estate shall be developed in substantial compliance with the Concept Plan hereby incorporated and attached as Exhibit “B” subject to Development Plan Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO as it applies to Development Plans. C. All Structures on the Real Estate shall be in substantial compliance with the Architectural Character Imagery hereby incorporated and attached as Exhibit “C” subject to ADLS Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO as it applies to Architectural Design. D. If there is a Substantial Alteration in any approved DP or ADLS, review and approval of the amended plans shall be made by the Plan Commission, or a Committee thereof, pursuant to the Plan Commission’s rules of procedure. Minor Alterations may be approved by the Director. E. The denial by the Director of any request for approval or application may be appealed to the Plan Commission and the denial by the Plan Commission of any request for approval or application may be appealed to the City Council. Section 6.2. Primary Plat. A Development Plan approved by the Plan Commission shall be, upon approval, the Primary Plat of the Real Estate. Section 6.3. 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 Development Plan/Primary Plat and is in conformance with the Development Requirements of this 146th & Monon Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Commission. Section 6.4 Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to the requirements of the UDO. A wavier of the provisions of this 146th & Monon Ordinance may be granted up to a maximum of thirty-five (35) percent of the specified standard. 146th & Monon PUD 3 122019.doc 10 Section 6.5. Variance of Development Requirements. The BZA may authorize Variances from the terms of the 146th & Monon Ordinance, subject to the procedures prescribed in the UDO. Section 7. Violations and Enforcement. All violations and enforcement of this 146th & Monon Ordinance shall be subject to the requirements of the UDO. Section 8. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this 146th & Monon Ordinance, are incorporated by reference into this 146th & Monon Ordinance and are part of this 146th & Monon Ordinance. The remainder of this page is left blank intentionally. Exhibit “A” – Page 1 of 2 Exhibit “A” (Legal Description - Page 1 of 2) Exhibit “A” – Page 2 of 2 Exhibit “A” (Legal Description – Page 2 of 2) Exhibit “B” – Page 1 of 2 Exhibit “B” (Concept Plan) Add COLOR VERSION of Concept Plan Larger copies of the Concept Plan are on file with the Department of Community Services. Above is a reduced color version. Exhibit “B” – Page 2 of 2 Exhibit “B” (Concept Plan) Larger copies of the Concept Plan are on file with the Department of Community Services. Above is a reduced color version. Exhibit “C” – Page 1 of 3 Exhibit “C” (Architectural Character Imagery) Larger copies of the Architectural Character Imagery are on file with the Department of Community Services. Above is a reduced version. Exhibit “C” – Page 2 of 3 Exhibit “C” (Architectural Character Imagery) Larger copies of the Architectural Character Imagery are on file with the Department of Community Services. Above is a reduced version. Exhibit “C” – Page 3 of 3 Exhibit “C” (Architectural Character Imagery) Larger copies of the Architectural Character Imagery are on file with the Department of Community Services. Above is a reduced version. Exhibit “D” – Page 1 of 1 Exhibit “D” (Architectural Requirements) A. Architectural Design: The applicable Architectural Character Imagery, indicating the architecture and appearance of Buildings are contained within Exhibit C (Architectural Character Imagery). All Structures on the Real Estate shall be developed in substantial compliance with the Architectural Character Imagery subject to ADLS Approval by the Plan Commission. B. Building Width: i. Individual residential units shall be a minimum of eighteen (18) feet wide. ii. A maximum of five (5) units may be joined together to form a single building. C. Building Orientation. i. The front door of residential units shall face a street or the Monon Trial (Rohrer Road), as shown on the Concept Plan, and the front wall of the building must generally face the street. The front door shall have a stoop raised minimum twenty-four (24) inches above grade at building. A concrete or paver walkway from stoop to front sidewalk is required. ii. Buildings adjacent to a site amenity such as a courtyard shall have the option to face such amenity instead of a street or the Monon Trail. D. Design Intention. i. The design intention of the development is to create durable and high quality housing. ii. Individual units within a larger building shall be distinguishable from the adjacent units but also share similar materials, patterns, and colors so that the entire building is harmonious in appearance. E. Materials. i. Acceptable exterior siding materials shall include brick, cast stone, smooth fiber cement panels, smooth fiber cement lap siding, and smooth fiber cement trim. ii. Brick and/or stone shall be the exterior siding material on (i) 100% of the first floor of the dwelling facing a street or the Monon Trail. iii. Windows shall be vinyl in manufacturer’s standard color. iv. Visible roofs shall be asphalt or fiberglass shingle roofing. Low slope roofs that are not visible can be TPO, EPDM rubber or membrane roofing. Porch roofs can be asphalt shingles or prefinished standing seam metal roofing. v. Porches on fronts of buildings shall be masonry or concrete. Balconies on fronts of buildings shall be metal. Balconies on rears and sides of buildings shall be metal, wood, or fiber cement. All handrails at exterior steps shall be metal. vi. Exterior doors, including overhead doors, shall be fiberglass, vinyl, or painted metal in either smooth or paintbrush texture finish. vii. Rainwater management shall be in prefinished metal scuppers and gutters with prefinished metal downspouts. ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of _________________, 2020, by a vote of _______ ayes and ________ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Update Signature Page for 2020 This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032. 146th & Monon PUD 3 122019.doc