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HomeMy WebLinkAboutZ-420-03 Monon Patio Homes PUDSponsor: Councilor Wayne Wilson Ordinance No. Z-420-03. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE MONON PATIO HOMES PLANNED UNIT DEVELOPMENT DISTRICT Rezoning of 6.369 acres located on the southeast corner of the intersection of 116th Street and the Monon Trail from the R-I/Residence District Classification to the PUD/Planned Unit Development District Classification WHEREAS, Section 31.6.4 of the Carmel / Clay Zoning Ordinance Z-289 (the "Carmel / Clay Zoning Ordinance") provides for the establishment ora PUD/Planned Unit Development District in accordance with the requirements ofI.C. § 36-7-4-1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to I.C. § 36-7-4-1500 et seq., as an amendment to the Carmel / Clay Zoning Ordinance, as follows: Section 1. ApplicabiliW of Ordinance: The Official Zoning Map of the City of Carmel and Clay Township, as part of the Carmel / Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate") as a PUD/Planned Unit Development District. II. Development in the PUD/Planned Unit Development District shall be governed by the provisions of this Ordinance, with the exception that provisions of the Carmel / Clay Zoning Ordinance specifically referenced within this Ordinance and in effect on October 21, 2003, shall also apply. III. Any term not defined herein shall have the meaning as set forth in the Carmel / Clay Zoning Ordinance in effect on October 21, 2003. Section 2. Monon Patio Homes Planned Unit Development. INIMAN2 787800vl go II. Monon Patio Homes Planned Unit Development 116th Street & The Monon Trail Carmel, Indiana Introduction / Overview The Monon Patio Homes Planned Unit Development District (the "Monon PUD") represents a development of approximately 6.369 acres of land located in the southeast quadrant of the intersection of 116th Street and the Monon Trail, in Carmel, Indiana. The property included in and subject to the Morion PUD is described in the attached Exhibit A, Legal Description ("Subject Site"). The development consists of twenty-one (21) residential units contained within eleven (11) buildings. Ten ofthe buildings will be two- family dwellings (duplexes), comprising a total of twenty new residential patio home units. The eleventh building and remaining unit is an existing residence on the subject site which will remain, but will not be required to meet the Monon PUD Development Standards. It is intended that all of the residential units will be owner-occupied. The site has been designed with a single point of access from 116th Street and provides for on-site retention. This document shall serve as PUD District Ordinance for the Monon PUD as required by Chapter 31.6.4 of the Carmel / Clay Zoning Ordinance. The Monon PUD will be developed in a single phase and the residential patio home units will be part ora horizontal property regime under Indiana Law. Administration. A. Development Requirements. The information contained in the following listed sections express the development requirements of the Monon PUD and are expressed in "detailed terms" as specified by IC 36-7-4-1500, et. seq., and Section 31.6.1 et. seq., of the Carmel / Clay Zoning Ordinance: 1. Section III - Permitted Uses and Development Standards; 2. Section IV - Landscaping; 3. Section V - Traffic / Roadway Improvements 4. Section VI - Definitions INIMAN2 787800vl Interpretation of Permitted Uses. It is recognized that this the list of permitted uses specified within the Monon PUD is a representative listing of use and is not all inclusive of appropriate uses. Therefore, this Monon PUD may require interpretation to assign appropriate uses to the Monon PUD. Any use which is not specifically set forth in this Monon PUD, but which is comparable in terms of traffic generation and operational characteristics to other uses specified within the Monon PUD shall be reviewed by the Director for consistency with the intent set forth in the Monon PUD and for compatibility with uses permitted within the Monon PUD. Based upon this review, the Director shall determine if the proposed use is a permitted use within the Monon PUD. In case of disagreement with the determination of the Director in assigning a use to the Monon PUD, any aggrieved party may file an appeal with the Board of Zoning Appeals. If it is: (i) determined by the Director that a particular use is not permitted in the Monon PUD and no appeal of the Director's decision is filed with the Board of Zoning Appeals; or, (ii) determined upon appeal that a particular use is not permitted in the Monon PUD, then such use shall require a variance of use or a rezoning petition in which such use is specifically included and described in order to be permitted within the Monon PUD. Improvement Location Permits. Prior to the issuance of an improvement location permit for any building or structure (including signs) which requires an improvement location permit under the terms of Section 29.4.2 of the Carmel / Clay Zoning Ordinance, the applicant shall file a site plan that meets the requirements of the Monon PUD. Modification of Development Requirements. Upon the written request of any owner of real estate subject to the Monon PUD, the Carmel / Clay Plan Commission may designate a committee of the Commission to review and modify any of the development requirements contained herein (other than permitted uses) after a public hearing held in accordance with the Commission's Rules of Procedure. Any determination of a committee to approve or deny any requested modification may be appealed by the Director or any interested party to the Commission, in accordance with the Commission's Rules of Procedure. INIMAN2 787800vl IlL Permitted Uses and Development Standards The permitted uses and development standards applicable to this Monon PUD shall be those permitted uses and development standards specified herein. In case of conflict between specific provisions of this Morion PUD and any overlay district of the Carmel / Clay Zoning Ordinance, the provisions of this Monon PUD shall control. A. Permitted Uses within the Monon PUD shall consist of the following: 1. Single-family Dwelling. 2. Two-family Dwelling; provided that: No person, group of persons or entity, other than the initial developer, shall own more than one (1) dwelling unit and each dwelling unit shall be designed for and used as a permanent residence; and, The initial developer of the twenty (20) unit residential development as contemplated by the Monon Patio Homes Planned Unit Development Ordinance shall not rent or lease any such units. 3. Home Occupations. Accessory Uses and Stmctures. Accessory uses and structures which are subordinate, appropriate and incidental to the above-permitted uses shall be permitted and utilities. Monon PUD Development Standards shall consist of the following, but shall only apply to the two-family dwellings to be constructed pursuant to the approval of the Monon PUD and not to the existing single-family dwelling on the subject property: Elevations and Exterior Building Materials: The two-family dwelling's elevations and exterior building materials shall be as set forth in the Monon Patio Homes drawings prepared by Hearthview Residential and dated October 8, 2003, and the Layout Plan prepared by TLF Consulting Engineers with a latest revision date of September 5, 2003, which have been filed with the City of Carmel - Department of Community Services, copies of which are attached hereto as Exhibit B (collectively, the "Plans"). Maximum Building Height: A maximum of two (2) stories not to exceed thirty-one feet six inches (31'- 6"). INIMAN2 787800vl Minimum Front Yard: a. Thirty-five feet (35'- 0") from the proposed right-of-way. b. Use of Minimum Front Yard: Said minimum front yards shall be landscaped in compliance with Section IV., below, provided, however, such minimum front yard may include: interior access drives and detention areas as depicted on the Plans. Minimum Side Yards: a. Twenty feet (20' - 0"). b. Use of Minimum Side Yard: Said minimum side yards shall be landscaped in compliance with Section IV., below, provided, however, such minimum side yards may include: entries, porches, sidewalks, decks, courtyards and patios as depicted on the Plans. Minimum Rear Yard: a. Thirty feet (30' - 0"). b. Use of Minimum Rear Yard: Said minimum rear yards shall be landscaped in compliance with Section IV., below, provided, however, such minimum rear yards may include: entries, porches, sidewalks, decks, courtyards and patios as depicted on the Plans. Parking: Each patio home unit shall be constructed with the following: a. An attached two-car garage. b. A driveway, with a minimum length of twenty feet (20' - 0") and a minimum width of sixteen feet (16' - 0"). Landscaping: See Section IV., below. INIMAN2 787500vl IV. Lighting: Lighting within the Monon PUD shall comply with the following regulations: Site lighting shall consist of dusk-to-dawn coach lamps mounted on each side of the garage of each individual patio home. The dusk-to-dawn coach lamps utilized for site lighting shall be manufactured or shielded in a manner to prevent up lighting. Light levels shall not exceed one-tenth (0.1) maintained foot- candle at all property lines of the Monon PUD. Signs: Signs for the Monon PUD shall be in compliance with Section 25.7 of the Carmel / Clay Zoning Ordinance. Permanent signage for the overall Monon PUD shall be in compliance with Section 25.7.02-1 of the Carmel / Clay Zoning Ordinance. Landscaping Landscaping within the Monon PUD shall comply with the following requirements. A. Depth of Planting Strips: Planting strips shall be provided as specified in this Section. Such planting strip requirements shall not be cumulative in nature. Wherever more than one (1) planting strip is applicable: the planting strip that requires the greater depth of yard shall apply as to the depth of planting strip; and, the planting strip that requires the greater base planting unit shall apply as to the base planting unit. 1. Front Yard Planting Strip Contiguous to 116th Street: Minimum width shall be fifteen feet (15' - 0") (co-existent with the required front yard), shall be provided. 2. Side Yard Planting Strip: Minimum width ten feet (10' - 0"). 3. Rear Yard Planting Strip: Minimum width twenty feet (20' - 0"). Improvements in Planting Strips: The planting strip shall be unoccupied except for plant material, berms, driveway and pathway crossings, signs, and other similar structures. INIMAN2787800vl Base Planting Unit for Planting Strips: The base planting unit for planting strips shall be as follows: 1. Front, Rear and East Side Yard Planting Strips: as depicted in the t 16th at the Monon Landscape Plan prepared by Hemp Design and last revised on October 6, 2003, which has been filed with the City of Carmel - Department of Community Services, a copy of which is attached hereto as Exhibit C. West Side Yard Along the Morion Trail and the Yards abutting the Overman Property (1207 E. 116th Street) Planting Strips: Hearthview Residential, or its designee will maintain natural vegetation as an, on average twelve foot (12') barrier. In general, there will be a continuous barrier of trees, brambles, undergrowth, raspberry-type shrubs and/or other similar thick vegetation rurming the entire length of the planting strip. In areas where no such vegetation exists, Hearthview Residential will consult with the City of Carmel and plant appropriate vegetation. Installation and Maintenance: All planting strips and planting areas shall comply with the following requirements: Minimum Size at Time of Planting: All plant material shall meet the American Standards for Nursery Stock (ANSI Z 60.1-1996). Shade Trees: 2 ½ inch caliper, a minimum height often (10) to twelve (12) feet, and a branching height of not less than 1/2 nor more than 2/3 of tree height. Ornamental trees: 1 ½ inch caliper, a minimum height of five (5) feet, and a branching height of not less than 1/2 nor more than 2/3 of tree height. c. Evergreen trees: A minimum height of eight (8) feet Deciduous shrubs: A minimum height of twenty-four (24) inches and no less than six (6) main branches upon planting. Evergreen shrubs: A minimum height and spread of twenty-four (24) inches. INIMAN2 787800vl Minimum Dimensions: The minimum dimension, in any direction of a planting area or planting median shall be based upon the plant selection, as follows: a. Shade Trees: 9 feet wide b. Ornamental Trees: 7 feet wide c. Shrubs (only): 5 feet wide Plant Species Selection: Landscaping materials selected shall be appropriate to local growing and climate conditions and shall be subject to the approval of the Department of Community Services Urban Forester. Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department of Community Services. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping not yet installed, prior to the issuance of the Final Certificate of Occupancy. Maintenance: It shall be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with these requirements. Project landscaping includes, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Changes After Approval: Minor alterations in landscaping may be approved by the Director in order to conform to specific site conditions. Inspection: The Director shall have the authority to visit the Monon PUD to inspect the landscaping and check it against requirements of the Monon PUD. Traffic / Roadway Improvements. 116th Street Access: The Monon PUD will be provided a single access point onto 116th Street as reflected on the Plans. Internal Street and Interior Access Driveways: All internal street and interior access driveways will remain private streets and will not be dedicated to the City of Camael. INIMAN2 787800vl Definitions. A. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this Monon PUD: 1. The singular number includes the plural and the plural the singular, unless the context clearly indicates otherwise. 2. Words used in the present tense include the past and future tenses, and the future the present. 3. The word "shall" is a mandatory requirement. 4. The word "may" is a permissive requirement. 5. The word "should" is a preferred requirement. B. Definitions: 1. Accessory Structure: A structure subordinate to the building or use located on the real estate and which is not used for permanent human occupancy. 2. Accessory Use: A use which is subordinate to the main use, located on _the real estate or in the same building as the main use, and incidental to the main use. 3. Commission: The Cam~el / Clay Township Plan Commission, which is the advisory plan commission established pursuant to IC 36-7-4, et. seq., for the City of Carmel and Clay Township, in Hamilton County, Indiana. 4. Director: The Director of the Department of Community Services for the City of Carmel, Indiana or the Director's authorized representatives. 5. Foot Candle: A unit of illumination. One (1) foot candle is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (I) candle power. 6. Story: That part of a building, with an open height of no less than seventy-eight inches (78"), except a mezzanine, included between the upper surface of one floor and the lower surface of the next floor, or if there is no floor above, then the ceiling next above. A basement or any floor located entirely or partially below grade level shall not constitute a story. INIMAN2 787800vi Exhibit A Monon Patio Homes PUD Legal Description Beginning at the Northwest comer of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, in Hamilton County, Indiana, thence East on and along the North line of the Northeast Quarter Section, a distance of 33 feet to the East right-of-way line of the Monon Railroad as it is now located and is the point of beginning; Thence continuing Eastward on and along said North line a distance of 330 feet to a point; thence South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to a point, said point being 6 ½ feet North of the fence comer as it is now located; thence West and parallel with the North line of said Quarter Section a distance of 37.125 feet to a point, said point being a distance of 6 V2 feet North ora fence comer as it is now located; thence South and parallel to the West line of said Quarter Section a distance of 330 feet to a point, said point being marked by a fence post; thence West and parallel to the North line of said Quarter Section a distance of 292.87 feet; thence North 990.10 feet to a point, said point being the point of beginning, all of said land is located in the Northeast Quarter of Section 1, Township 17 North, Range 3 East in Clay Town, ship of Hamilton County, Indiana. Except Part of the Northeast Quarter (NE ¼) of Section 1, Township 17 North, Range 3 East, being more particularly described as follows: Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of the Northwest comer thereof (the same being the East right-of-way line of the Monon Railroad); thence East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to a point in said East right-of-way line of the Monon Railroad; thence North in and along said East fight-of-way line of the Morion Railroad 234 feet to the place of beginning. INIMAN2 787800vl Section 3. Violations of Ordinance: All violations of this Ordinance shall be subject to Section 34.0 of the Carmel Clay Zoning Ordinance. -.~ PASSED by the Common Council of the City of Cannel, Indiana, this [ ~7 ¢/~ay of ?'%/~;-/(~.r',c/~r~ 2003, byavoteof. ~ ayesand / nays. COMMON C?UNCIL FOR THE CITY OF ~ARM~ P~i~ingOfficer ' ' IC~'~J~K' 'Y / '_ ) / //' ,/ ~!l~Sfder, President Pr~empore John R. Kov fi · Carter , N. I~,. Rundle ., k~ Wayne Wilson ATTEST: Diana , INLMAN2 787800vl Ordinance No. Z-420-03 Presented by me to the Mayor of the City of Carmel, Indiana this~?~ay of/x~,, 2003, at//:20/9 Diana L. Cordray,~I)~M~C, Clerk/Treasurer Ordinance No. Z-420-03 Approved by me, Mayor of the City of Carmel, Indiana, this day of/~tgbgn/~vJ~ 2003, at ~_~].M. J~(q~es Brainard, Mayor ATTEST: Diana L. Cordray,~AM~, Cler~Treasurer ~ 'Q_~ Prepared by: Joseph M. Scimia Hearthview Residential LLC, Attorney Baker & Daniels 600 E. 96th Street, Suite 600 Indianapolis, Indiana 46240 (317) 569-4680 Direct Dial (317) 569-4800 Fax INIMAN2 787800vl Ordinance No. Z-420-03 Exhibit A LEGAL DESCRIPTION Monon Patio Homes PUD Beginning at the Northwest comer of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, in Hamilton County, Indiana, thence East on and along the North line of the Northeast Quarter Section, a distance of 33 feet to the East right-of-way line of the Monon Railroad as it is now located and is the point ofbegirming; Thence continuing Eastward on and along said North line a distance of 330 feet to a point; thence South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to a point, said point being 6 1/2 feet North of the fence comer as it is now located; thence West and parallel with the North line of said Quarter Section a distance of 37.125 feet to a point, said point being a distance of 6 ½ feet North of a fence comer as it is now located; thence South and parallel to the West line of said Quarter Section a distance of 330 feet to a point, said point being marked by a fence post; thence West and parallel to the North hne of said Quarter Section a distance of 292.87 feet; thence North 990.10 feet to a point, said point being the point of beginning, all of said land is located in the Northeast Quarter of Section 1, Township 17 North, Range 3 East in Clay Township of Hamilton County, Indiana. Except Part of the Northeast Quarter (NE ¼) of Section 1, Township 17 North, Range 3 East, being more particularly described as follows: Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of the Northwest comer thereof (the same being the East right-of-way line of the Monon Railroad); thence East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to a point in said East right-of-way line of the Morion Railroad; thence North in and along said East right-of-way line of the Monon Railroad 234 feet to the place of beginning. INIMAN2 787800vi Exhibit B iii Exhibit B Exhibit B