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Home My WebLink AboutPUD Amendment_Condition Modification OrdinanceUS.126796309.01 Sponsors: Councilor _____ Councilor _____ ORDINANCE _-___-__ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending the Silvara PUD District Ordinance and Modifying the Conditions of Approval of Same WHEREAS, Section 9.05 of the City of Carmel Unified Development Ordinance Z-625- 17 (the "UDO") provides for the establishment of a Planned Unit Development District in accordance with Indiana Code §36-7-4-1500 et seq.; and WHEREAS, Indiana Code §36-7-4-1500 et seq. authorizes the Common Council of the City of Carmel, Indiana (the “City Council”) to impose reasonable conditions on the approval of a Planned Unit Development District; and WHEREAS, on December 5, 2011, the City Council approved the Silvara PUD Ordinance Z-553-11 (the “PUD Ordinance”) and imposed certain conditions (the “Conditions”) on that approval attached as Exhibit L to the PUD Ordinance; and WHEREAS, the Silvara development now is known as “Jackson’s Grant”; and WHEREAS, the developer of Jackson’s Grant has requested that the City Council approve an amendment to the PUD Ordinance and a modification to the Conditions to allow the 14.662-acre Exmoor neighborhood within Jackson’s Grant to offer unique European village design and architecture and to offer carriage garages within the Exmoor common area; WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") conducted a public hearing on docket number __________ at its _____________, meeting as required by law; and WHEREAS, the Plan Commission sent a favorable recommendation relating to docket number __________ to the City Council; NOW, THEREFORE BE IT ORDAINED by the City Council that, pursuant to Indiana Code §36-7-4-1500 et seq., it hereby adopts this ordinance (the "Amendment") as an amendment to the PUD Ordinance and a modification of the Conditions as follows: US.126796309.01 Section 1. Applicability. This Amendment applies only to the Exmoor real estate, which real estate is described on the attached Exhibit A (the “Real Estate”). Section 2. 2.1 Section 2.1 of the PUD Ordinance is hereby amended to add the following definition: Carriage Garage: A Building with up to six (6) units attached, designed for vehicle storage on the ground floor and may have second floor lofts finished for use as studios, workshops, recreation rooms or similar ancillary use, but shall not be designed for, nor permit Occupancy. 2.2 Section 5.2 of the PUD Ordinance is hereby deleted in its entirety and replaced with the following: Accessory Buildings and Uses. Accessory Buildings and Uses shall be permitted and shall be subject to the terms and restrictions of Article 5 of the City of Carmel Unified Development Ordinance. Section 5.09 of the City of Carmel Unified Development Ordinance shall apply to Fences. Notwithstanding anything herein, Carriage Garages shall be permitted in common areas for use by Exmoor residents. The same architectural detailing standards as established for Exmoor homes shall apply. 2.3 Section 6.1 of the PUD Ordinance is hereby deleted in its entirety and replaced with the following: The following standards shall apply. The maximum Building Height shall be thirty-five (35) feet. 2.4 Section 11.6.B of the PUD Ordinance is hereby amended to add the following subsection: (v) All Lots shall be required to include a masonry Wall along the Front Lot Line unless an acceptable alternative is approved by the Design Review Committee. This requirement may be adjusted or waived by the Design Review Committee in areas with utility or Driveway conflicts. US.126796309.01 Landscape shrubs, ground cover or a landscaped mulch bed between the sidewalk and masonry Wall shall also be installed. The maximum height of masonry Walls along the Front Lot Line shall be limited to six (6) feet, except that pillars, columns, or other decorative features and elements may extend an additional two (2) feet higher than the maximum height. 2.5 Section 11.6.D of the PUD Ordinance is hereby deleted in its entirety and replaced with the following: All Other Buildings: Five (5) shade and/or ornamental trees and twenty- five (25) shrubs per one hundred (100) lineal feet of Building foundation with frontage on a public right-of-way. The standard, above, shall not apply to Carriage Garages. 2.6 Section 5 of the Conditions is deleted in its entirety and replaced with the following: Section 3. Effective Date 3.1 The Amendment contained herein shall be effective immediately upon approval by the City Council. _-___-__ PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ______________, 20__, by a vote of _______ ayes and _______ nays. US.126796309.01 COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Adam Aasen Laura D. Campbell Sue Finkam Timothy Hannon Bruce Kimball Miles Nelson Kevin D. Rider Anthony H. Green Jeff Worrell ATTEST Sue Wolfgang, Clerk I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Steven D. Hardin. This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240. US.126796309.01 EXHIBIT A Legal Description A part of the Northwest Quarter of Section 34, Township 18 North, Range 03 East, Clay Township, Hamilton County, Indiana more particularly described as follows: Beginning at the Northeast corner of Jackson’s Grant on Williams Creek, Section 2, per plat thereof recorded as Instrument Number 2018038285 in Plat Cabinet 5, Slide 866 in the Office of the Hamilton County Recorder, said point also being the Southeast corner of Claybridge at Springmill recorded as Instrument number 89-27503 in Plat Cabinet 1, Slide 72 in said Recorder’s Office; thence North 00 degrees 17 minutes 00 seconds East, along the East line of said Claybridge, a distance of 494.50 feet; thence North 89 degrees 30 minutes 51 seconds East, along a South line of said Claybridge and the South line of Springmill Streams recorded as Instrument Number 84-8961 in Plat Book 11, Pages 33-34 in said Recorder’s Office a distance of 607.00 feet to the Southeast corner of said Claybridge; thence South 80 degrees 03 minutes 42 seconds East a distance of 244.11 feet; thence South 00 degrees 17 minutes 26 seconds West a distance of 50.00 feet; thence South 69 degrees 00 minutes 23 seconds West a distance of 149.78 feet; thence South 22 degrees 31 minutes 53 seconds East a distance of 145.27 feet; thence South 30 degrees 36 minutes 24 seconds East a distance of 108.04 feet; thence South 05 degrees 33 minutes 20 seconds East a distance of 30.64 feet; thence South 29 degrees 07 minutes 36 seconds East a distance of 47.68 feet; thence South 00 degrees 36 minutes 05 seconds East a distance of 44.43 feet; thence South 00 degrees 40 minutes 16 seconds East a distance of 29.11 feet; thence South 08 degrees 51 minutes 54 seconds East a distance of 91.86 feet; thence South 57 degrees 17 minutes 07 seconds East a distance of 12.36 feet to a northerly corner of Jackson’s Grant on Williams Creek, Section 4 recorded as Instrument 2018009549 in Plat Cabinet 5, Slide 810 in said Recorder’s Office; thence along the lines of said plat the following 11 courses and distances: (1) South 38 degrees 23 minutes 51 seconds West a distance of 59.59 feet; (2) thence South 30 degrees 03 minutes 49 seconds West a distance of 33.87 feet; (3) thence South 05 degrees 30 minutes 38 seconds West a distance of 46.41 feet; (4) thence South 27 degrees 48 minutes 20 seconds West a distance of 58.52 feet; (5) thence South 68 degrees 26 minutes 48 seconds West a distance of 25.76 feet; (6) thence North 45 degrees 43 minutes 00 seconds West a distance of 32.16 feet; (7) thence South 49 degrees 23 minutes 51 seconds West a distance of 221.93 feet; (8) thence South 64 degrees 33 minutes 51 seconds West a distance of 45.43 feet; (9) thence South 40 degrees 37 minutes 38 seconds West a distance of 28.90 feet; (10) thence South 65 degrees 58 minutes 09 seconds West a distance of 73.81 feet; (11) thence South 50 degrees 41 minutes 01 seconds West a distance of 39.88 feet to the East line of the aforementioned Section 2; thence North 00 degrees 28 minutes 13 seconds West, along said East line a distance of 102.62 feet; thence North 44 degrees 42 minutes 34 seconds West, along a northeasterly line of said Section 2, a distance of 585.38 feet to the Point of Beginning, Containing 14.662 acres, more or less.