Loading...
HomeMy WebLinkAboutRevised PUD Ordinance DRAFT , ~ ~~ April 21, 2006 Matt Griffen Planning Administrator Department of Community Services One Civic Square Carmel, IN 46032 RE: Monon Townes Docket No.: 006010001Z Dear Matt: Enclosed you will find a red lined version of the Monon Townes PUD Ordinance that was included as part of the informational brochure filed by Pulte Homes of Indiana, LLC in preparation for the May 4, 2006 Subdivision Committee. Should you have any questions, please do not hesitate to contact me. Sincerely, ~ VJallir ~ Ann Walker Kloc Manager of Entitlement Enclosure Cc: David Compton Charlie Frankenberger rC' ~~ ~\? " <'.S "\ '\'" " "- ~-.__..~-, , ; 1 ! i j I / '/ /' ---- Pulte Homes of Indiana, llC 11590 N, Meridian Street. Suite 530 Carmel, Indiana 46032 317,575,2350 317'575'2355 (Fax) ( ~~ 2(~ Bed Ubed " --- Sponsor: ORDINANCE NO. Z- MODOD Townes PLANNED UNIT DEVELOPMENT DISTRICT I \"9 ~ ('~ ' <\-<0> f "'.... '\,." ~~ ~s ~~ ;. Sponsor: ORDINANCE NO. Z- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE Monon Townes 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 Le. ~ 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a recommendation to the ordinance set forth herein ("Monon Townes") which establishes the Monon Townes Planned Unit Development District (the "District"), which shall also be referred to as the "Monon Townes Ordinance." 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., it adopts this Monon Townes Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior commitments shall be null and void and replaced and superseded by this Monon Townes Ordinance, and (iii) this Monon Townes Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 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 Monon Townes. I Section 1.2 Development of the Real Estate shall be governed entirely by (i) the provisions of this Monon Townes Ordinance and its exhibits, and (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Monon Townes Ordinance. In the event of a conflict between this Monon Townes Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Monon Townes 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 Monon Townes Ordinance. Section 2 Permitted Uses 2 Permitted uses are Townhomes, Condominiums and/or multi-family dwelling units. Accessory Buildifi1;~s and Uses Section 3 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 Plattine The platting of the Real Estate into smaller tracts shall be permitted administratively, so long as the proposed plat complies with the area requirements set forth below 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 the requirements of Section 13 below, and all other applicable requirements contained in this Monon Townes Ordinance. Section 6 Heieht. Area and Square Footaee Requirements Section 6.1 feet. Maximum Building Height: The maximum Building Height is forty (40) Section 6.2 Minimum Building Set Back: The Minimum Building Set Back from the perimeter boundary line of the Real Estate contiguous with Rohrer Road shall be a minimum of Thirty ~(30) feet. Along the north property line of the Real Estate, the Minimum Building Set Back shall be Ten (10) feet. Along the south property of the Real Estate the Minimum Building Set Back shall be Ten (10) feet. Along the east property line the Minimum Building Set Back shall be Ten (10) feet. I 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 50%. B. There shall be no more than Sixty Six (66) Townhomes located on the Real Estate C. Each Townhome shall have at least seventeen hundred (1700) square feet of living area, exclusive of any garages. 3 Section 6.5. Maximum Number of Buildings. There shall be not more than ~J.ill thirteen fourteen Townhome Buildings and fWe_ --w (6) six community mailbox structures located upon the Real Estate. Section 7. Conceptual Buildin~ Tvpes Section 7.1 Architectural Design Requirements: A. Building rendering and elevations: 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. Vinyl clad windows are permitted. B. Roof design: All roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 6 vertical. C. Building rendering and elevations: Attached hereto and incorporated herein by reference as "Building Renderings and Elevations" as Exhibit "B" are renderings and elevations, depicting the building materials and architectural elements of the Townhome Buildings to be constructed upon the Real Estate. O. Community mail box structure: Attached hereto and incorporated herein by reference as "Mailbox Structure Master Plan" as Exhibit "C " is a rendering of the community mail box structure and master mailbox plan. Section 8 Landscapin~ Standards Attached hereto and incorporated herein by reference as "Landscape Plan" as Exhibit "0" is the conceptual landscape plan. Section 8.1 Landscape Plan: . Landscaping shall be installed per the Landscape Plan. Section 8.2 Landscape Standards: I A. Materials: All plants proposed to be used in accordance with any landscape plan shall meet the following specifications: 1. Shade Trees: At planting, a minimum trunk diameter of 2 inches measured at breast height, a minimum height of eight (8) feet, and a branching height of no less than 1/3 or more than Y2 of tree height. 2. Ornamental Trees: At planting, a minimum trunk diameter of 1 Y2 inches measured at breast height, and a minimum height of six (6) feet. 3. Shrubs: Shrubs may be deciduous or evergreen, and shall be eighteen (18) inches at height in planting. 4 4. Evergreen Trees: Shall be six (6) feet in height at planting. Section 8.3 Landscape Installation and Maintenance: a. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and lakes areas approved in accordance with this Monon Townes 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 8.4 Perimeter Planting/Buffer Yard. The number of perimeter plantings and the number of buffer yard plantings shall be in accordance with the Landscape Plan. Section 8.5 Interior Plantings. Adjacent to the entry drive, for each one hundred (100) linear foot increment, there shall be a minimum of three (3) shade trees, two (2) ornamental trees and ten (10) shrubs. Section 9 Li2htin2 Requirements A. Front of Townhome lighting: Each Townhome shall have a minimum of one (l) light on the front of each Tov:nhomeeach Townhome. If only one (1) light is used, then it shall be located near the front door. ,'\t the Developer's discretion, a second light may be located above or near the garage door. All light position(s) shall be consistent and/or complimentary among all units. B. Rear of Townhome lighting: Each Townhome shall have a minimum of one (I) light fixture on the rear of each Townhome;-. At the Developer's discretion a second light may be located above or near the garage door. hO'Never, the All light position(s) shall be consistent and/or complimentary among all Townhomes. I C. Street Lighting: Street lighting locations shall be provided as shown on the "Street Light Location Plan", which is attached hereto and referred to herein as Exhibit "E". D. Light Fixture Renderings: Attached as Exhibit "F" and Exhibit "G", respectively, and referred to herein as the "Conceptual Building Lighting" and "Conceptual Site Lighting" are renderings which depict the acceptable types of lights for each use. Section 10 Si2ns and Entry Way Wall Section 10.1. Ground Signs and Entrv Wall. 5 A. ~: At the entraIlce to the development, adjacent to Rohrer Road, T'No (2) GroundlEntrJ.vay SigHs shall be permitted, One of the t\VO (2) ground signs shall be accompanied by a masonry YlaH not to exceed 6' in height and 15' in length. l\ttached hereto and incorporated herein by refenmce as "Entrance'.vay Elevation" as Exhibit "H". At the entrance to the development. adiacent to Rohrer Road. 1 (one) Ground/Entryway Sign and 2 (two) Brick Columns shall be permitted. The Ground/Entrvway Sign shall not exceed 7 Y2' in length and 8' in height. The brick columns shall not exceed 3' in length and 8' in height. Attached hereto and incorporated herein by reference as "Entranceway Elevation", as Exhibit H. B. Maximum Sign Area: Thirty two (32) square feet each. Twenty (20) square feet. C. Illumination of Sign: External. D. Sign Permit: Required. E. Fees: Required. Section 11 Parking Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage and, in addition, there shall be guest parking provided on the site, as depicted on the Conceptual Plan and incorporated herein by reference as "Parking Plan" as Exhibit "I". Section 11.2 Internal Streets: All streets internal to the site shall be private streets. Section 11.3 Emergency Access: The area indicated on the Conceptual Plan as "Emergency Access" shall not be a paved street but shall be a hard surface such as grass and brick pavers or some other surface sufficient to support emergency access vehicles. I Section 11.4 Monon Rest Area: The area identified on the Conceptual Plan as the "rest area" shall contain an eight (8) foot asphalt multi-use path, along with a park bench, and shall be maintained by the City of Carmel. Section 11.5 Distance Bet'Neen Intersections: The required distance betYleen the "Rom-er Road and Entrance Site" aIld the intersection at Rom-er Road and Neville Lane shall be a minimum of three hundred and ninety (390) feet. Section 12 Homeowners Association and Declaration of Covenants Section 12.1 Declaration of Covenants and Homeowners Association: The Developer shall prepare and record a Declaration of Covenants, which shall also contain various provisions regarding the Real Estate as determined by the Developer, including, without limitation, provisions for mandatory assessments for maintenance of common areas. The 6 Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. Section 13. Approval Process Section 13.1. Approval or Denial of the Primary Plat/Development Plan. A. Exhibit "J", which is attached hereto and incorporated by reference, shall serve as the "Conceptual Plan". The Conceptual Plan has been reviewed and approved by the Plan Commission. The Conceptual Plan constitutes the Development Plan and primary plat for the Real Estate. The architecture, design, lighting end and landscaping for the Real Estate and the improvements thereon, considered in connection with the Monon Townes Ordinance, do not require and further (i) ADLS approval or (ii) Development Plan/primary plat approval, other than the Final Development Plan approval per the procedure set forth below in this Section 13. If there is a Substantial Alteration in the approved ADLS or Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee there of, pursuant to the Commission's rules of procedure. Minor Alterations and Material Alterations may be approved by the Director. B. 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"); provided however, that the Director shall not unreasonably withhold or delay the Director's approval of the FDP that is in substantial conformance wit the Conceptual Plan and is in conformance with the Development Requirements of this Monon Townes Ordinance. If the Director disapproves any FDP, the Director shall set forth in writing the basis for disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission. . C. An amendment to the FDP, which is not determined by the Director to be a Substantive Alteration from the approved Conceptual Plan, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration of the approved Conceptual Plan, 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. D. 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. 7 Section 14 Definitions and Rules of Construction Section 14.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this 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" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Section 14.2 Definitions A. Accessory Structure: A structure subordinate to a building or use located on the Real Estate, which is not used for permanent human occupancy. B. 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. C. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansurd roof and the mean height between eaves and ridges for gable, hip and gambrel roofs. D. City: The City of Carmel, Indiana. E. Commission: The Carmel/Clay Plan Commission. F. Condominiums - A residential living unit or units as defined in and governed by the Indiana Code, Sections. 32-25-1-1 to 32-25-9-2, inclusive. I G. Conceptual Plan. A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building locations and is depicted on Exhibit "1", which is attached hereto and incorporated herein by reference. H. Council: The City Council of the City of Carmel, Indiana. 1. County: Hamilton County, Indiana. 8 J. 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. K. Develo{Jment Requirements. Development standards and any requirements specified in this Monon Townes Ordinance which must be satisfied in connection with the approval of a Secondary Plat. L. Developer. Pulte Homes of Indiana, LLC. and its successors and assigns. M. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. N. Homeowners Association: A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of Monon Townes, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. O. Masonry: Masonry shall include brick, stone and/or stucco. P. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Q. 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. R. 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. I S. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". T. Right-of-Wav: An area of land permanently dedicated to provide light, air and access. U. Secondary Plat. A specific plan for the development of the Real Estate that is submitted for 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. 9 V. 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. W. 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. X. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (l 0%) or more of the plan's total area or approved materials. Y. Townhome: An attached dwelling intended for occupancy by a single family. Z. Townhome Building: A structure containing attached dwellings. AA. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 15. Violations All violations of this Monon Townes Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. I PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2006, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Ronald E. Carter, President Pro Tempore Brian D. Mayo 10 Fredrick J. Glaser Joseph C. Griffiths ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Mark Rattermann Richard L. Sharp I 11 Presented by me to the Mayor of the City of Carmel, Indiana the _ day of ,2006, at o'c1ock_. M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this ,2006, at o'c1ock_. M. day of ~.f€ James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: David N. Compton Vice President of Land Acquisition Pulte Homes of Indiana, LLC. 11590 North Meridian Street, Ste. 230 Carmel, IN 462032 . This Instrument reviewed by: Charles Frankenberger NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 F:lLandlLandDevelopmentl AcquisitionlRohrerRoadlPUDN ersionl 12 EXHIBIT "A" Leeal Description . 13