HomeMy WebLinkAboutPUD Red Line 06-30-20
Sponsors: Councilor _________
CARMEL, INDIANA
Ambleside Point
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-20
May 20June 30, 2020
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance........................................................................................... 4
Section 2. Definitions and Rules of Construction ....................................................................... 4
Section 3. Accessory Buildings and Uses .................................................................................... 6
Section 4. Development Standards ............................................................................................... 6
Section 5. Common Area Requirements .............................................................................1011
Section 6. Landscaping Requirements .....................................................................................11
Section 7. Signage Requirements ............................................................................................15
Section 8. Additional Requirements and Standards ................................................................... 15
Section 9. Procedural Provisions ........................................................................................1516
Section 10. Controlling Developer’s Consent ......................................................................1617
Section 11. Violations and Enforcement ..................................................................................17
Section 12. Exhibits ..................................................................................................................17
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery – Area A Lots
Exhibit D Architectural Character Imagery – Area B Lots
Exhibit E Architectural Character Imagery – Area C Lots
Exhibit F Common Area Concept Imagery
Exhibit G Street and Alley width and cross section standards
Note: All of the above Exhibits (A-FG) are attached to this Ambleside Point Ordinance, are
incorporated by reference into this Ambleside Point Ordinance and are part of this Ambleside Point
Ordinance.
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Sponsors: Councilor __________
ORDINANCE Z-___-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE AMBLESIDE POINT
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Ambleside Point Planned Unit Development District Ordinance (the
“Ambleside Point PUD”). The Ordinance would rezone the real estate from S-1 Residential to a
Planned Unit Development district allowing the future development of a residential neighborhood
laid out in the style and character as depicted on the attached Concept Plan which includes single-
family homes and Townhomes.
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, Hoffman Developer, LLC (“Hoffman”), 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”); and
WHEREAS, Hoffman’s application is consistent with the provisions of the UDO and PUD
Statute; and
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
UDO, the Plan Commission conducted a public hearing on _________, 2020 concerning
Hoffman’s application for a PUD District Ordinance, which application was docketed as
_________________________;PZ-2020-00069 (PUD), and
WHEREAS, the Plan Commission, at its hearing on ________, 2020, has given a
_____________ recommendation to this Ambleside Point PUD (the “Ambleside Point
Ordinance”), which establishes the Ambleside Point Planned Unit Development District (the
“Ambleside Point 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 Ambleside Point Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or
parts thereof inconsistent with any provision of this Ambleside Point Ordinance and its exhibits
are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior
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commitments and restrictions applicable to the Real Estate shall be null and void and replaced and
superseded by this Ambleside Point Ordinance; and, (iv) this Ambleside Point 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 Ambleside Point District.
Section 1.2 Development in the Ambleside Point District shall be governed entirely by
(i) the provisions of this Ambleside Point Ordinance and its exhibits, and (ii) those
provisions of the UDO specifically referenced in this Ambleside Point Ordinance. Where
this Ambleside Point Ordinance is silent, the applicable standards of the UDO shall apply.
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 Ambleside Point 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 Ambleside Point Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included
in this Ambleside Point Ordinance and not defined below in this Section 2.2, shall be the
same as set forth in the UDO.
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.
“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.
Area A Lots: The area identified as “Area A” on the Concept Plan.
Area B Lots: The area identified as “Area B” on the Concept Plan.
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Area C Lots: The area identified as “Area C” on the Concept Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as Exhibit C (Architectural Character Imagery – Area A Lots),
Exhibit D (Architectural Character Imagery – Area B Lots) and Exhibit E
(Architectural Character Imagery – Area C Lots), and are intended to generally and
conceptually illustrate an application of the Development Requirements.
Architectural Character Imagery is general and not intended to delineate the only
final Dwelling designs that may be built. Dwellings will comply with the
Architectural Standards but may vary from the Architectural Character Imagery
provided all applicable Architectural Standards are met, including ADLS Approval
for attached-dwellings (Townhomes).
Architectural Standards: The Architectural Standards incorporated herein under
Section 4.6 - Architectural Standards.
Building: A structure having a roof supported by columns and walls, for shelter,
support, or a Dwelling.
Common Area(s): Common Areas shall comprise a parcel or parcels of land, areas
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.
Common Areas do not include any area which is divided into individual Dwelling
lots or streets. Common Areas shall be in the areas generally identified on the
Concept Plan.
Concept Plan: The general plan for the development of the Real Estate, including
but not limited to lots, streets and common areas attached hereto as Exhibit B
(Concept Plan).
Controlling Developer: Shall mean Hoffman Developer, LLC or the owner of the
Real Estate at the time of adoption of the Ambleside Point Ordinance, until such
time as Hoffman Developer, LLC or the owner transfers or assigns, in writing, its
rights as Controlling Developer such as to an Owners Association.
Decks/Balconies: An outdoor area, which is part of a Dwelling, that is above the
ground floor/level of the Dwelling.
“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 lots, streets and common areas.
“Development Plan Approval” or “DP Approval”: A Development Plan Approved
by the Plan Commission pursuant to the procedures for DP Approval of the UDO.
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Development Requirements: Written development standards and any written
requirements specified in this Ambleside Point 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).
Setback, Minimum: The minimum setback a dwelling shall be from the property
line. Stoops, steps, landings, and Decks/Balconies may encroach into the required
Minimum Front Yard Setback and Minimum Rear Yard Setback. The
aforementioned encroachments may extend no further than ten (10) feet into the
required setback, except for stoops/steps/landings which may extend to the property
line in required to access a door to enter the Dwelling.
Sign: Any type of sign as further defined and regulated by this Ambleside Point
Ordinance and the UDO.
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 corresponding to the UDO.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the
Ambleside Point District; unless prohibited in the Declaration(s) of Covenants; provided, however,
that any detached Accessory Structure 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. Accessory Structures and Accessory Uses shall be permitted subject to the provisions
of the UDO.
Section 4. Development Standards.
Section 4.1 Permitted Uses:
A. Area A: and Area B: Single-family Dwellings
1. Single-family Dwellings
B. Area B:
1. Single-family Dwellings
2. Two-family Dwellings
C. Area C:
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1. Two-Family Dwellings
D.B. Attached Single-family Dwellings - Townhomes (side by side, for sale fee-
simple dwellings, on individually deeded lots)
E.C. Common Areas.
F.D. Model Home(s).
G.E. There shall be no more than two-hundred and sixty-five (265eighty (280)
Dwellings permitted within the Real Estate.
Section 4.2 Bulk Requirements:
A. Area A Lots:
1. Minimum Lot Area: Eight Thousand (8,000) square feet.
2. Minimum Lot Width at Building Line: Sixty-five (65) feet.
3. Minimum Lot Width at Right of Way: Sixty (60 ) feet.
4. Minimum Front Yard Setback: Twenty (20) feet.
5. Minimum Side Yard Setback: Five (5) feet. (Three (3) feet when home
includes a 3-stall garage).
6. Minimum Rear Yard Setback: Twenty (20) feet.
7. Maximum Lot Coverage: Sixty (60) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, eight-
hundred (1,800) square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, one
hundred (1,100) square feet.
B. Area B Lots:
1. Minimum Lot Area: Six Thousand (6,000) square feet.
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2. Minimum Lot Width at Building Line: Fifty (50) feet.
3. Minimum Lot Width at Right of Way: Forty-five (45) feet.
4. Minimum Front Yard Setback: Ten (10) feet (excludes porches,
stoops, and porticos, etc. which may encroach into the Front Yard
Setback by a maximum three (3) feet).
5. Minimum Side Yard Setback: Three (3) feet.
6. Minimum Rear Yard Setback: Twenty-seven and one/half (27.5) feet
(to center of an alley).
a. Twenty-six (26) feet (to property line at center of an alley).
b. Twenty (20) feet without alley.
7. Maximum Lot Coverage: Sixty-five (65) percent.
8. Maximum Building Height: Thirty-five (35) feet.
9. Minimum ground floor square footage of one-story Dwelling
(exclusive of porches, terraces, and garages): One thousand, eight-
hundred (1,800) square feet.
10. Minimum ground floor square footage of two-story Dwelling
(exclusive of porches, terraces, and garages): Eight hundred (800)
square feet.
11. Two-family Dwellings if developed in Area B shall be subject to the
bulk requirements of Section 4.2 (C) of this Ambleside Point
Ordinance.
11. Dwelling Orientation: Alleys shall be required in Area B. Driveways
on Lots in area B shall only access alleys (no direct driveway to street
access shall be permitted).
C. Area C Lots:
1. Minimum Lot Area: One-thousand (1,000) square feet.
2. Minimum Lot Width at Building Line: Sixteen (16) feet.
3. Minimum Lot Width at Right of Way: Fourteen (14) feet.
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4. Minimum Front Yard Setback: Five (5) feet.
5. Minimum Side Yard Setback: Five (5) feet applied to a Building.
6. Minimum Rear Yard Setback: Five (5) feet exclusive of alley.
Twenty-five (25) feet along east perimeter of Real Estate.
7. Maximum Lot Coverage: Not Applicable.
8. Maximum Building Height: Thirty-five (35Forty (40) feet or three
(3as measured from the mid-point of the roof ridge. Dwellings on
lots adjacent to the east perimeter of the Real Estate shall be a
maximum of two (2) stories, whichever is greater.
9. Minimum Dwelling Square Footage (exclusive of porches,
terraces, and garages): eleven hundred (1,100) square feet.
10. Maximum number of Dwellings per building: Six (6).
11. Dwelling Orientation:
a. Dwellings adjacent to the 146th Street frontage road
between the two internal streets which connect to the 146th
Street frontage road shall face 146th Street with access
provided to these dwellings via an Alley.
b. All Dwellings shall provide a sidewalk connection form the
front door of each dwelling to sidewalk at the street.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this
Ambleside Point Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Ambleside
Point Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8 of
this Ambleside Point Ordinance.
Section 4.6 Architectural Standards:
A. The applicable Architectural Character Imagery, indicating conceptually the
intended architecture and appearance of Dwellings are contained within
Exhibit C (Architectural Character Imagery – Area A Lots), Exhibit D
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(Architectural Character Imagery – Area B Lots) and Exhibit E (Architectural
Character Imagery – Area C Lots)
B. Dwelling Architecture: All Dwellings shall be constructed in compliance with
the architectural guidelines included in the Village of Westclay Building
Guidelines and Requirements for Residential Construction which procedure
and approval process shall be administered solely by the Controlling Developer.
A Copy of the applicable Building Guidelines and Requirements shall be kept
on file with petition ___________ ZPZ-2020-00069 (PUD) located in the
Department of Community Services.
C. Single-Family Dwelling Monotony Mitigation:
1. Front Façade: The same front building elevation shall not be constructed
for two (2) lots on each side of the subject lot on the same side of the street
and for three (3) lots across the street from the subject lot as illustrated in
the below diagram.
2. Exterior Siding Color: No two side by side homes on contiguous lots or the
lot across the street from the subject lot shall have the same exterior color
on the primary structure of the home.
3. Exterior Masonry Color: No two side by side homes on contiguous lots
shall have the same masonry color.
Section 4.7 Lot Lighting: All Dwellings shall have (i) light fixtures flanking the garage
doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights at
the front door of the dwelling.
Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way), when
provided, shall (i) be confined to the street intersections and (ii) meet all applicable City
standards and (iii) be reviewed by the City.
Section 4.9 Parking:
A. Four (4) spaces per Dwelling are required. A Townhome Dwelling with a 1-
stall garage shall require a minimum of two (2) parking spaces.
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B. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-street
parking shall count toward required parking.
C. Driveways designed to permit parking shall be a minimum of twenty (20) feet
in length as measured from the street right of way and vehicles shall not be
parked in a location that encroaches onto a sidewalk or alley.
D. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone
or pervious pavers. Asphalt driveways shall not be permitted.
Section 5. Common Area Requirements. Common Area shall be in the areas generally
identified on the Concept Plan.
Section 5.1 A minimum of fourteen (14) acres, approximately twenty-five (25) percent,
of the District, shall be allocated to Common Area as generally illustrated on the Concept.
Section 5.2 Open space, including an internal trail, shall be provided as generally
depicted on the Concept Plan and as conceptually shown on the photographs included on
Exhibit F (Common Area Concept Imagery) of this Ambleside Point Ordinance. The
internal trail to be installedAn Open Space Plan shall be submitted at the time of
Development Plan review.
Section 5.3 Internal trails shall be an eight (8'a ten (10') wide asphalt path located in the
area of the west perimeter of the Real Estate and internal to the Real Estate as generally
depicted on the Concept Plan. All internal paths not located in right-of-way shall be located
in a public pedestrian easement. The final location of the internal trail is subject to existing
easements and final engineering. If the internal trail is prevented from being installed as
generally shown, then an alternative trail location may be provided that still provide access
within the subject area of the Real Estate.
Section 6. Landscaping Requirements. Landscaping shall comply with the following standards:
Section 6.1. General Landscaping Standards. Landscaping shall be integrated with,
and complement other functional and ornamental site design elements, such as hardscape
materials, paths, sidewalks, and fencing.
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 City’s Urban Forestry
Program. Landscaping materials shall be appropriate for local growing and
climatic conditions. Plant suitability, maintenance and compatibility with site
construction features shall be addressed. The City’s planting details shall be
required on the landscape plan. All trees shall be selected from the City’s
recommended tree list published by the City’s Urban Forestry Program or
otherwise approved by the Urban Forester.
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B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental
trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall
be 6 feet in height when planted. Shrubs shall be at least 18 inches in height
when planted. Ornamental grasses must obtain a mature height of at least 3 feet.
C. All landscaping approved as part of a Development Plan / Primary Plat shall be
installed prior to issuance of the first Certificate of Occupancy for a dwelling in
the area of the Real Estate subject to a Secondary Plat; provided, however, that
when because of weather conditions, it is not possible to install the approved
landscaping before the issuance of a Certificate of Occupancy, the Controlling
Developer shall request a temporary Certificate Of Occupancy which shall be
conditioned upon a determined time to complete the installation of the
uninstalled landscape material.
D. All landscaping is subject to Primary Plat approval. No landscaping which has
been approved by the Urban Forester with the Primary Plat may later be
substantially altered, eliminated or sacrificed without first obtaining further
approval from the Urban Forester in order to conform to specific site conditions.
E. It shall be the responsibility of the owner(s), with respect to any portion of the
Real Estate owned by such owner(s) and on which any landscaped area exists
per the requirements of this Ambleside Point Ordinance, to ensure proper
maintenance of landscaping in accordance with the Ambleside Point Ordinance.
This maintenance is to include, but is not limited to (i) mowing, tree trimming,
planting, maintenance contracting and mulching of planting areas, (ii) replacing
dead or diseased plantings with identical varieties or a suitable substitute, and
(iii) keeping the area free of refuse, debris, rank vegetation and weeds.
Section 6.2. Areas to be landscaped.
A. Perimeter Buffering. Perimeter BufferingA fifteen (15) foot wide perimeter
buffer shall be required along the west perimeter of the Real Estate adjacent to
the Saddle Creek subdivision and along the east perimeter of the Real Estate
adjacent to Area C.
1. The combination of required plantings and existing preserved/conserved
vegetation shall provide “buffering” and / or “screening” of views into the
site.
2. West Perimeter:
a. Buffer plantings within to the west bufferyard shall include tree
preservation as depicted on the Concept Plan as regulated in Section
6.3 of this Ambleside Point Ordinance.
3. East Perimeter adjacent to Area C:
4.2.Buffer plantings shall include: four (4) shade or evergreen trees, one (1)
ornamental trees, and fifteen (15) shrubs per one hundred (100) linear
feet.
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B. Street Trees.
1. Large growing shade trees shall be planted within public street right-of-
way, parallel to each street, in planting strips. Street trees shall be planted a
minimum of twenty-five (25) feet and a maximum of sixty (60) feet on
center and are not required to be evenly spaced, unless this spacing cannot
be attained due to the location of driveways, proposed utilities, or other
obstructions as defined below in Section 6.2.B.2.
2. Per City standards, no street trees shall be planted in conflict with drainage
or utility easements or structures and underground detention (unless so
designed for that purpose), or within traffic vision safety clearances.
However, where the logical location of proposed utilities would
compromise the desired effect, the Controlling Developer may solicit the
aid of the City’s Urban Forester in mediating an alternative.
C. Foundation and Lot Planting Standards. The following planting requirements
apply to all Dwellings:
1. Area A:
a. Lots shall be required to plant one (1) shade tree included in a
minimum of two (2) trees in the front yard. and one (1) shade tree in
the rear yard. Corner Lots shall install one (1) shade tree included in a
minimum of two (2) trees per side facing a street. One shade tree
required on a corner lot shall be located in the rear yard to satisfy the
planting of one shade tree in the year yard (minimum of four trees
required on a corner lot three of which shall be shade trees).
b. Lots shall have a minimum of eighteen (18) shrubs and /or ornamental
grasses along the Dwelling foundation with a minimum of twelve (12)
facing the street. Corner lots shall install a minimum of thirty (30)
shrubs and/or ornamental grasses along the dwelling foundation with
a minimum of twelve (12) shrubs or grasses per side facing a street.
2. Area B and Area C:
a. Lots shall be required to plant a minimum of one (1) shade tree in the
front yard. Corner Lots shall install a minimum of two (2) trees per
side facing a street.
b. Lots shall have a minimum of eight (8) shrubs and /or ornamental
grasses along the Dwelling foundation facing the street. Corner lots
shall install a minimum of eight (8) shrubs and/or ornamental grasses
along the dwelling foundation per side facing a street. This standard
shall be applicable to a dwelling building in the case of a Two-Family
Dwelling or Townhome.
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3. Foundation and Lot plantings shall be installed by the builder at the time a
Dwelling is constructed on the Lot(s).
Section 6.3 Tree Preservation. Tree preservation areas shall be provided through the
establishment ofA minimum fifteen (15) foot Tree Preservation Easements as
shown generally on the Concept Planarea shall be required along the west
perimeter of the Real Estate adjacent to the Saddle Creek subdivision but shall
be variable in width and as shown generally on the Concept Plan. The Tree
Preservation Area shall be regulated and maintained in accordance with the
Tree Preservation Area Guidelines described below:
A. Best management practices for a tree preservation area:
1. Removal of exotic and invasive species, e.g., bush honeysuckle. (See the
Indiana Exotic and Invasive Plant List provided by the City of Carmel. If
you are not able to identify exotic and invasive species, seek professional
assistance. Application of herbicide should be completed with professional
oversight.)
2. Removal of dead, hazardous and at risk trees.
3. Removal of vines growing on and up a tree.
4. Removal of an overabundance of fallen and cut trees.
5. Planting of native trees. (See the Indiana Native Tree List provided by the
City of Carmel.)
6. Direct discharge of surface drainage of stormwater from the rear half of any
lot that is adjacent to a tree preservation area.
7. Establishment of access easements, unpaved trails, utility and drainage
improvements. This provision is intended to permit the crossing of the tree
preservation area and not one easement to fully occupy the area.
8. Complete maintenance activities by following industry standard using the
current American National Safety Institute (ANSI) Z-133 and A-300
approved practices and methods.
9. Existing vegetation and earth shall be allowed to be removed for the
purposes of constructing and maintaining paths (including pavement)
through the woodlot, provided that (i) all attempts be made to avoid routes
that would ultimately damage healthy hardwood tree species with a d.b.h.
caliper greater than twelve inches, (ii) that the width of the clearing path not
exceed ten feet.
10. Grass seeding (native or otherwise) and subsequent maintenance through
mowing shall be allowed within the easement in areas currently devoid of
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trees and shrubs, areas (e.g. legal drains) required to be cleared by governing
agencies, and/or areas that will be cleared for path construction, provided
that such seeding/mowing along constructed paths be restricted to a
maximum width of three feet along either side of the path.
B. Unacceptable activities for a tree preservation area:
1. Removal of native vegetation except as necessary for constructing and
maintaining paths.
2. Mowing and clearing any portion of a tree preservation area.
3. Dumping of leaves and debris from outside locations into a tree preservation
area.
4. The construction of pools, sheds, garages, fences, playground equipment,
tree houses, fire pits and other permanent or semi-permanent structures
unless approved by the Carmel Board of Zoning Appeals.
5. Recreational activities that adversely impact the health, structure and
integrity of a tree preservation area, including, playground equipment,
basketball or tennis courts and pools.
C. The following shall be required for all Tree Preservation Areas:
1. Signs identifying the Tree Preservation Area shall be posted every five
hundred (500) feet around the perimeter of all Tree Preservation Areas.
2. Barriers shall be utilized during site development and earth moving
activities, which shall be specified on landscape plans. Such barriers shall
remain in place during the site's construction activity.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with the UDO
as amended. Entryway Features shall require ADLS Amendment approval.
Section 8. Additional Requirements and Standards.
Section 8.1. Home Occupations. Home Occupations shall meet the requirements of the
UDO as amended.
Section 8.2. Right-of-way widths.
A. The required right-of-way for the 146th Street frontage road shall be the existing
right-of-way.
B. Alleys and internal streets shall be of a width and cross section design as
illustrated on Exhibit “G”.
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B.C. 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 other than the frontage road as generally illustrated on the Concept
Plan.
Section 8.3. Sidewalks and Pedestrian Amenities.
A. A five (5) foot wide sidewalk shall be required along all internal streets. except
along segments where path is provided along subject segment.
B. A five (5) foot wide sidewalk shall be required along the front of dwellings
adjacent to the 146th Street frontage road. This sidewalk may be located in the
right-of-way or a pedestrian access easement outside the right-of-way.
B.C. An internal 8’ten (10) foot wide asphalt path shall be installed within the
common area as generally shown on the Concept Plan subject to approval by
the Surveyors Office regarding the legal drain crossing.
D. Connections shall be provided between internal paths and the path along the
south side of 146th Street.
E. Sidewalk and/or path connections shall be provided on both sides of the street
where the two street connections are made with streets in the Saddle Creek
Subdivision with ADA compliant accessible routes.
Section 8.4. Road Improvement Requirements. Development of the Real Estate shall
meet all applicable Thoroughfare Plan related improvement requirements as identified in
and required under the UDO unless otherwise provided for in this Ambleside Point
Ordinance for only the street connections to the Saddle Creek Subdivision as shown on the
Concept Plan.
Section 9. Procedural Provisions.
Section 9.1. 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
Location Permit to determine if the DP and ADLS satisfy the Development
Requirements specified within this Ambleside Point 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.
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C. ADLS Approval by the Plan Commission shall be required for Two-Family
Dwellings and Attached Single-Family (Townhome) Dwellings.
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 shall be approved by the Director.
Section 9.2. Primary Plat. A Development Plan approved by the Plan Commission shall
be, upon approval, the Primary Plat of the Real Estate.
Section 9.3. 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
Ambleside Point 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 Plan Commission.
Section 9.4 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 Ambleside Point Ordinance
may be granted up to a maximum of thirty-five (35) percent of the specified standard.
Section 9.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the Ambleside Point Ordinance, subject to the procedures
prescribed in the UDO.
Section 10. 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 site improvements within the Real
Estate;
B. Sign permits for any Signs within the Real Estate;
C. Improvement Location Permits for any Dwellings within the Real Estate;
D. Development Plan, Primary Plat or Secondary Plat approval for any part of the
Real Estate; and
Version E 052020F 063020
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E. Any text amendments, variances, modifications of development requirements
or other variations to the terms and conditions of this Ambleside Point
Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Ambleside
Point Ordinance shall be subject to the requirements of the UDO.
Section 12. Exhibits. All of the Exhibits (A-FG) on the following pages are attached to this
Ambleside Point Ordinance, are incorporated by reference into this Ambleside Point Ordinance
and are part of this Ambleside Point Ordinance.
The remainder of this page is left blank intentionally.
Exhibit “A” – Page 1 of 2
Exhibit “A”
(Legal Description)
Part of the East Half of the Northwest Quarter of Section 21, Township 18 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, based upon an ALTA/NSPS Land Title Survey
prepared by Kristopher K. Eichhorn, Professional Surveyor Number 21000230, HWC Engineering Job Number
2020-051, dated February 3, 2020, more particularly described as follows:
COMMENCING at the northeast corner of said Quarter Section, said corner marked by a Harrison Monument
per Hamilton County Surveyor's Office Corner Records; thence South 00 degrees 18 minutes 25 seconds East
(assumed bearing per survey recorded as Instrument Number 9609611604 in the Office of the Recorder of
Hamilton County, Indiana) along the east line of said Quarter Section a distance of 36.73 feet to the POINT OF
BEGINNING being the southeast corner of a 0.401-acre tract of land described in Instrument Number
2015050986 in said Recorder's Office; thence continuing South 00 degrees 18 minutes 25 seconds East along
said east line a distance of 1938.06 feet to the northeast corner of a 0.11-acre tract of land described in Instrument
Number 2017020894 in said Recorder's Office; thence South 89 degrees 12 minutes 53 seconds West along the
north line of said tract a distance of 1346.85 feet to the northwest corner of said tract being on an east line of
Saddle Creek Section 11 per plat recorded in Plat Cabinet 3, Slide 124 as Instrument Number 200300005234 in
said Recorder's Office also being on the west line of the East Half of said Quarter Section; thence North 00
degrees 29 minutes 34 seconds West along said west line also being an east line of said Saddle Creek Section 11
and an east line of Saddle Creek Section 12 per plat recorded in Plat Cabinet 3, Slide 308 as Instrument Number
200300122041 in said Recorder's Office a distance of 1801.68 feet to a westerly corner of the 3.901-acre tract
of land described in said Instrument Number 2015050986 and the following fifteen (15) courses are along the
westerly, southerly and easterly lines of said tract); (1) thence South 31 degrees 52 minutes 37 seconds East a
distance of 81.28 feet to a point on a non-tangent curve to the left having a radius of 375.00 feet being subtended
by a long chord having a bearing of South 30 degrees 09 minutes 50 seconds East and a chord length of 298.73
feet; (2) thence southeasterly along said curve an arc distance of 307.25 feet; (3) thence South 53 degrees 38
minutes 10 seconds East a distance of 99.53 feet to the point of curvature of a curve to the right having a radius
of 125.00 feet being subtended by a long chord having a bearing of South 26 degrees 25 minutes 38 seconds
East and a chord length of 114.31 feet; (4) thence southeasterly along said curve an arc distance of 118.72 feet;
(5) thence South 00 degrees 46 minutes 53 seconds West a distance of 17.97 feet; (6) thence South 37 degrees
52 minutes 42 seconds East a distance of 128.06 feet; (7) thence South 89 degrees 13 minutes 07 seconds East a
distance of 40.00 feet; (8) thence North 39 degrees 26 minutes 29 seconds East a distance of 128.06 feet; (9)
thence North 00 degrees 46 minutes 53 seconds East a distance of 17.97 feet to the point of curvature of a curve
to the left having a radius of 325.00 feet being subtended by a long chord having a bearing of North 26 degrees
25 minutes 40 seconds West and a chord length of 297.20 feet; (10) thence northwesterly along said curve an
arc distance of 308.67 feet; (11) thence North 53 degrees 38 minutes 10 seconds West a distance of 99.53 feet
to the point of curvature of a curve to the right having a radius of 175.00 feet being subtended by a long chord
having a bearing of North 30 degrees 09 minutes 50 seconds West and a chord length of 139.41 feet; (12) thence
northwesterly along said curve an arc distance of 143.39 feet; (13) thence North 06 degrees 41 minutes 30
seconds West a distance of 174.33 feet to the point of curvature of a curve to the right having a radius of 100.00
feet being subtended by a long chord having a bearing of North 03 degrees 44 minutes 17 seconds West and a
chord length of 10.31 feet; (14) thence northerly along said curve an arc distance of 10.31 feet; (15) thence North
00 degrees 47 minutes 04 seconds West a distance of 12.34 feet to the south line of the 0.220-acre tract of land
described in said Instrument Number 2015050986; thence North 89 degrees 09 minutes 42 seconds East along
said south line and along the south line of the 0.167-acre tract of land described in Instrument Number
2015050980 in said Recorder's Office and along a south line of said 0.401-acre tract of land a distance of 1092.17
feet to a corner of said 0.401-acre tract of land and the following two (2) courses are along the west and south
lines of said 0.401-acre tract); (1) thence South 00 degrees 47 minutes 04 seconds East a distance of 11.69 feet;
(2) thence North 89 degrees 12 minutes 56 seconds East a distance of 39.24 feet to the POINT OF BEGINNING,
containing 56.495 acres, more or less.
Exhibit “A” – Page 2 of 2
Exhibit “A”
(Legal Description)
Exhibit “B” Page 1 of 1
Exhibit “B”
(Concept Plan)
Exhibit “C” Page 1 of 5
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
Exhibit “C” Page 2 of 5
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
Exhibit “C” Page 3 of 5
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
Exhibit “C” Page 4 of 5
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
Exhibit “C” Page 5 of 5
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
Exhibit “D” Page 1 of 8
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
Exhibit “D” – Page 2 of 8
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
Exhibit “D” – Page 3 of 8
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
Exhibit “D” – Page 4 of 8
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
Exhibit “D” – Page 5 of 8
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
Exhibit “D” – Page 6 of 8
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
Exhibit “D” – Page 7 of 8
Exhibit “D” – Page 8 of 8
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
Exhibit “E” Page 1 of 5
Exhibit “E”
(Architectural Character Imagery – Area C Lots)
Exhibit “E” – Page 2 of 5
Exhibit “E”
(Architectural Character Imagery – Area C Lots)
Exhibit “E” – Page 3 of 5
Exhibit “E”
(Architectural Character Imagery – Area C Lots)
Exhibit “E” – Page 4 of 5
Exhibit “E”
(Architectural Character Imagery – Area C Lots)
Exhibit “E” – Page 5 of 5
Exhibit “E”
(Architectural Character Imagery – Area C Lots)
Exhibit “F” Page 1 of 1
Exhibit “F”
(Common Area Concept Imagery)
Exhibit “G” Page 1 of 1
Exhibit “G”
(Street and Alley width and cross section standards)
Add exhibits.
PASSED 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
___________________________________
Laura D. Campbell, President Sue Finkam, Vice-President
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________
2020, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________
2020, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
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.
Ambleside Point PUD E 052020 - filingF 063020 - PC.doc