Loading...
HomeMy WebLinkAboutZ-446-04 The Townhomes at Guilford PUD Sponsor: Councilor Mark Rattermann ORDINANCE NO. Z-446-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE THE TOWNHOMES AT GUILFORD PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements of 1.C. § 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes the The Townhomes at Guilford Plaimed Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to lC §36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Cam~el/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Ordinance and its exhibits are hereby repealed, (iii) alt prior commitments and restrictions shall be null and void and replaced and superseded by this Ordinance, and (iv) this Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section I _Applicability of Ordinance: Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known as The Townhomes at Guilford. Section 1.2 Development in the District shall be governed entirely by (i)the provisions of this Ordinance and its exhibits, and (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict between this Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance shall apply. Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this Ordinance. Section 2 Permitted Primary Uses: Permitted uses are condominiums and/or multi-family dxvelling units. Section 3 Accessory Buildings and Uses: All Accessory Structures and Accessory Uses shall be permitted except that any detached accessory building shown in any development plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite dishes shall be permitted. Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with thc area requirements set forth belo~v in Section 6, and the creation of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified below in Section 6 for the entirety of the Real Estate. However, the development of any parcel shall conform to all Preliminary Development Plans and Final Development Plans which are approved or amended per the terms of Section 14.1 below, and all other applicable requirements contained in this Ordinance. Section 6 Heieht, Area and Square Footage Requirements: Section 6.1 Maximum Building Height: The maximum Building Height is thirty- seven (37) feet. Section 6.2 Minimum Building Set Back: The Minimum Set Back from the perimeter boundary line of the Real Estate contiguous with Guilford Road shall be a minimum of Fifty (50) feet, and along the north property line of the Real Estate the Minimum Set Back shall be Ten (10) feet, along the south property line of the Real Estate the Minimum Set Back shall be Ten (10) feet, and along the east property line of the Real Estate, the Minimum Set Back shall be Ten (10) feet. Section 6.3 Minimum Building Separation. The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be ten (10) feet. Section 6.4 Maximum Parcel Coverage, Density and Square Footage: A. Maximum Parcel Coverage shall be fifty percent (50%). There shall be a maximum of One Hundred and Ten (l 10) Townhomes on approximately Nine and 57/100 (9.57) acres. Square Footage of Floor Plans for Product Offerings shall not be less than one thousand two hundred square feet. Section 6.5 Maximum Nmnber of Buildings. There shall be no more than (i) eighteen (18) Townhome Buildings located upon the Real Estate and (ii) one (1) community mailbox structure or individual mailboxes. Section 7. Architectural Design Requirements: Suitability of building materials: A minimum of four (4) materials shall be used for Building exteriors, from the following list: brick, cast stone, stone, Hardi- Plank, glass, wood soffits, and vinyl clad windows and/or the equivalents thereof for all of the foregoing. The use of wood and Hardi-Plank shall be limited to Trim and Siding. Roof design: All roofs, except ibr open porch roofs, shall have a minimum slope of 12 horizontal to 6 vertical. Building rendering and elevations: Attached hereto and incorporated herein by reference as Exhibit "B" are a rendering and elevations, depicting the building materials and architectural elements of the Buildings to be constructed upon the Real Estate. All buildings will have a minimum of 2' offset per living unit. Buildings 1, 2, 17 and 18 (as shown on Exhibit F) will have full brick elevations on all sides with the exception of the gable above the windows on the garage side and Buildings 3, 10, 11 and 16 (as shown on Exhibit F) will have full brick on the side elevations Community mail box structure: Attached hereto and incorporated herein by reference as Exhibit "C' is a rendering of the community mail box structure and master mailbox plan as Exhibit "H". Section 8 Landscaping Requirements: Section 8.1 Landscape Plan: The Landscape Plan shall consist of the landscape detail depicted on the landscape plan which is attached hereto as Exhibit "D" (hereafter "Landscape Plan"). Landscaping shall be installed per the Landscape Plan. Section 8.2 Landscaping Standards: Materials: All plants proposed to be used in accordance with any landscaping plan shall meet ANZI Z60-60.1-1996 and meet the following specifications: Shade trees: a minimum trunk diameter of 2.5 inches measured at breast height, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than ½ of tree height. 2. Ornamental trees: a minimum trunk diameter of 1V2 inches measured at breast height, and a minimum height of six (6) feet. Shrubs: shrubs may be deciduous or evergreen, and shall be eighteen (18) inches in height at planting. 4. Evergreen Trees: shall be six feet (8') in height at planting. Section 8.3 Landscaping Installation and Maintenance: Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and lake areas approved in accordance with this Ordinance. This is to include, 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. Section 9 Lighting Requirements and Park Benches: Section 9.1. Front of Townhome lighting: 1. Each Townhome having a covered porch at the front entrance shall have one (1) fixture light hanging from the ceiling of the covered porch. Each Townhome which does not have a covered porch at the front entrance shall have two (2) fixture lights mounted on either side of the front door. Rear of Townhome lighting: Each Townhome shall have two (2) exterior grade coach lights mounted on either side of the overhead garage door, each one activated by a dusk-to-dawn sensor. Street Lighting: Attached hereto and incorporated herein by reference as Exhibit "G" is a picture of the community street lighting fixtures and master street lighting plan as Exhibit "H". Park Benches: Attached hereto and incorporated herein by reference as Courtyard Bench Exhibit "I" is a picture of the community park bench and master community bench plan as _Exhibit "H'. Section 10 Signs Section 10.1. Ground Signs and Entry Wall. 4 C. D. E. Type: Two (2) Ground/Entryway Sig~s shall be permitted near the entrance of the development adjacent to Guilford Road, as is depicted on Exhibit "E", which is attached hereto and incorporated herein by reference. Maximum Sigyt Area: Thirty Six (36) square feet each. Illumination of Si~n: External. Sign Permit: Required. Fees: Required. Section 11 Parking Section 11.1 Parking: Each Townhome shall contain a two (2) car garage and, in addition, there shall be twenty three (23) external parking spaces. Section 12 Mechanical Equipment Section 12.1 Mechanical Equipment: Any mechanical equipment visible from an adjoining street or highway shall be screened with suitable fencing or landscaping and in general be architecturally compatible with the building(s) with which it is associated. Section 13 Homeowners Association and Declaration of Covenants Section 13.1 Declaration of Covenants and Homeowners Association: A Declaration of Covenants shall be recorded which shall also contain various provisions regarding the Real Estate, including provisions for an initiation fee, a budget requirement to fund general reserves, the use of the Real Estate, and improvement approval requirements after initial construction. The Declaration of Covenants will also provide for the establishment ora Homeowners Association in which membership shall be mandatory. Section 14. Approval Process: Section 14.1. Approval or Denial of the Primary Plat/Development Plan. Exhibit "F", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP"). The CP has been reviewed and approved by the Plan Commission. The CP constitutes the Development Plan and primary plat for the Real Estate. The architecture, design, lighting and landscaping for the Real Estate and the improvements thereon, considered in connection with the Ordinance, do not require any further (i) ADLS approval or (ii) Development Plan/primary plat approval other than Final Development Plan approval per the procedure set forth below in this Section 14. If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's roles of procedure. Minor Alterations and Material Alterations may be approved by the Director. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Final Development Plans/Secondary Plats (collectively, the "FDP") for The Townhomes at Guilford; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the FDP that is in substantial conformance with the CP and is in conformance with the Development Requirements of this Ordinance. If the Director disapproves any FDP, the Director shall set fbrth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing befbre the full Plan Commission. An amendment to the FDP, which is not determined by the Director to be a substantial or material alteration from the approved CP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved CP and any proposed FDP, the Director may, at the Director's discretion, refer the amended FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. The FDP shall be a specific plan for the development of all or a portion of the real estate that is submitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information. Section 15 Definitions and Rules of Construction: Section 15.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 6 B. Words used in the present tense include the past and future tenses, and the future the present. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Section 15.2 Definitions. Accessory Stmcture: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. Accessory Use: A use 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. Building Height: The vertical distance when measuring from the lot ground level to the mean height between eaves and ridges. D. City: The City of Carmel, Indiana. E. Commission: The Carmel/Clay Plan Commission. F. Council: The City Council of the City of Carmel, Indiana. G. County: Hamilton County, Indiana. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Plan, Conceptual. A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and stmctures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building locations. Development Plan, Final. A specific plan for the development of the Real Estate that is submitted ibr approval showing proposed facilities, buildings, and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for the site. Development Requirements. Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a Final Development Plan. Director: Director, or Administrator, of the Department of Community Services tbr the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Minor Alteration: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials. Parcel Coverage: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". Right-of-Way: An area of land permanently dedicated to provide light, air and access. Set Back: The least measured distance between a building or structure, excluding, however, porches, patios, and the perimeter boundary of the Real Estate. For purposes of determining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. Townhome: An attached townhome intended for occupancy by a single family. Townhome Building: A structure containing Townhomes. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. 8 Section 16. Violations. 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 Carmel, Indiana this__z-/~r{ day of (? Q~.t_~ ~< ) ,2004, by a vote of ~ ayes and O nays. COMMON COUNCIL FOR THE CITY OF CARMEL ,Pre/~ding Officer ( .~ Kevin Kirby o../R~o nald/~/~¢/~r esid eat Pr° Temp ~/~s~l~l C. Griffiths '// ATTEST: Diana L. Cordray,~l~MC,~asurer Presented by me to the Mayor of the City of carmel, Indiana the /-/'/'~-day of O~ ,2004, at q: -q'iD o'clock P .M. Diana L. Cordray, IAMC, d~lerk ~reasurer Mark Rattermam~ Ricl~ard L~. S~'~rp 9 Approved by me, Mayor of the City of Carmel, Indiana, this t./ ']-/~ day of O ~ ,2004, at o/.',5-0 o'clock /o .M. ATTE~ - Diana L. Cordray~surer Thislnstramentprepared by: Steve Pittman, Pittman Pa~ners, Inc. PO Box 554, Carmel, 1N 46082. 10 EXHIBIT "A" Legal Description A part of the West Half of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, described as follows: Commencing at the Northeast comer of the West Half of said Southwest Quarter; thence South 89 degrees 18 minutes 22 seconds West (assumed bearing) along the north line of said West Half a distance of 66.00 feet; thence South 00 degrees 04 minutes 32 seconds East parallel with the east line of said West Half a distance of 1199.49 feet to the Point of Beginning; thence South 89 degrees 22 minutes 46 seconds West a distance of 659.66 feet to a 1 inch iron pipe; thence South 00 degrees 04 minutes 32 seconds East parallel ~vith said east line a distance of 418.99 feet; thence South 00 degrees 14 minutes 34 seconds West a distance of 212.85 feet to a 1 inch iron pipe; thence North 89 degrees 22 minutes 46 seconds East a distance of 660.85 feet; thence North 00 degrees 04 minutes 32 seconds West parallel with said east line a distance of 631.83 fcct to the Point of Beginning, containing 9.571 acres, more or less. 11