HomeMy WebLinkAboutIntroduction/Overview 4-18-03Monon Town Homes REGF~~I~~
APR ~.~ ~C,~3
Planned Unit Development
ll6"' Street & The Monon Trail DOGS
Carmel, Indiana
L Introduction /Overview
The Monon Town 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 116`h Street and the Monon Trail, in Carmel, Indiana. The
property included in and subject to the Monon PUD is described in the attached Exhibit
A, Legal Description ("Subject Site"). The development consists of twenty-eight (28)
residential town home units contained within seven (7) four-unit buildings. It is intended
that the residential town home units will be owner-occupied. An existing residence on
the subject site will remain, but will not be required to meet the Monon PUD
Development Standards. The site has been designed with a single point of access from
116`h 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 constitute a horizontal property regime under Indiana
Law.
Date: April 18, 2003
MIMAN2 730732vI
PUD
II. 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 the Section 31.6.1 et. seq., of
the Carmel /Clay Zoning Ordinance:
Section III -Permitted Uses and Development Standards;
2. Section IV -Landscaping;
Section V -Traffic /Roadway Improvements
4. Section VI -Definitions
B. 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.
INIMAN2 730732v1 Date: April 18, 2003
Monon
C. 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.
D. 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.
INIMAN2730732v1 Date: April 18, 2003
Monon PUD
III. 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 Monon PUD and an overlay district of the Cannel /
Clay Zoning Ordinance, the provisions of this Monon PUD shall control.
A. Permitted Uses within the Monon PUD shall consist of the following:
Multiple-family Dwellings.
2. Single-family Dwelling.
3. Home Occupations.
4. Accessory Uses and Structures. Accessory uses and structures which are
subordinate, appropriate and incidental to the above-permitted uses shall
be permitted and utilities.
B. Monon PUD Development Standards shall consist of the following, but shall only
apply to the multiple-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:
1. Elevations and Exterior Building Materials: The multiple-family
dwellings elevations and exterior building materials shall be as set forth in
.the Monon Townhomes drawings prepared by Nearing Staats Prelogar &
Jones Architects and dated March 11, 2003, and the Preliminary
~~ Development Plan prepazed by TLF Consulting Engineers and dated
~ ~ March ], 2003, which have been filed with the City of Carmel -
~~'Q' Department of Community Services (collectively, the "Plans").
2. Maximum Building Hei ]g)it: A maximum of two (2) stories not to exceed
thirty-one feet six inches (31' - 6").
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 yards may include: interior access
drives as depicted on the Plans.
INIMAN2 730732v1 Date: April 18, 2003
Monon PUD
4. 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: sidewalks and
patio slabs 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 side yards may include: sidewalks and
patio slabs as depicted on the Plans.
Parkins: Each town 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").
Landscaoins: See Section IV., below.
Lighting: Lighting within the Monon PUD shall comply with the
following regulations:
a. Site lighting shall consist of a dusk-to-dawn carriage light mounted
on one side of the garage of each individual town home.
b. Light levels shall not exceed one-tenth (0.1) maintained foot-
candle at all property lines of the Monon PUD.
9. Si ns: 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.
INIMAN2730732v1 Date: April I8, 2003
IV. Landscaping
Landscaping within the Monon PUD shall comply with the following requirements.
A. Depth of Planting Stria: 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 116`h 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").
B. Improvements in Planting Strip: The planting strip shall be unoccupied except for
plant material, steps, terraces, patio slabs, driveway and pathway crossings, signs,
benches, and other similar structures.
C. Base Planting Unit for Planting Strips: The base planting unit for planting strips
shall be as follows:
Front and Rear Yard Planting Strips, for each one hundred (100) linear
foot increment:
a. Three (3) shade trees.
b. Four (4) ornamental trees.
c. Five (5) conifers or berms at a minimum of thirty-six (36) inches in
height.
2. West Side Yard Along the Monon Trail and the Yards abutting the
Overman Property (1207 E. 116`h Street) Planting Strips shall be equal to
the plantings provided or to be provided by the City of Carmel under its
agreement for acquisition ofright-of--way for the Monon Traii.
INIMAN2 730732v1 Date: April 18, 2003
3. East Side Yard Planting Strip:
Existing mature trees to remain within the east side yard planting strip are
indicated on the Plans. For those portions of the planting strip where there
are no existing trees, or where the existing trees cannot be saved, the base
planting strip for each one hundred (100) linear feet increment shall be as
follows:
a. Three (3) shade trees.
b. Three (3) ornamental trees.
D. Installation and Maintenance: All planting strips and planting areas shall comply
with the following requirements:
~.M
1. Minimum Size at Time of Planting: o'
r
a. Shade Trees: 2 inch caliper, a minimum height of six feet, and
a branching height of not less than ~ "„or more th of tree
height.
b. Ornamental trees: 1 1/2 inch caliper a minimu height of five (5
feet, and a branching height of not less than ~~nor more than
of tree height.
c. Evergreen trees: A minimum height of five (5} feet.
d. Deciduous shrubs: A minimum height of twenty-four (24) inches,
and no less than six (6) main branches upon planting.
e. Evergreen shrubs: A minimum height and spread of twenty-four
(24)inches.
2. 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
3. Plant Species Selection: Landscaping materials selected shall be
appropriate to local growing and climate conditions
winnnN2 73o732v~ Date: April 18, 2003
Monon PUD
4. 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.
5. 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
~N keepin the area free of refuse, debris, rank vegetation and weeds.
~~~ 6. Changes After Approva . Alterations in landscaping may be approved by
the Director in order to conform to specific site conditions.
7. 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.
V. Traffic /Roadway Improvements. pt,i'
<~
A. 116th Street Widenin¢: Right-of-way fox that portion of 116th Street to be /~ ~
widened as reflected on the Plans shall be dedicated to the City of Carmel.
B. 116`h Street Access: The Monon PUD will be provided a single access point onto
116th Street as reflected on the Plans.
C. 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 Carmel.
MIMAN2 730732v1 Date: April 18, 2003
PUD
VI. Definitions.
A. General Rules of Construction: The following general rules of construction and
definitions shall apply to the regulations of this Monon PUD:
The singular number includes the plural and the plural the singular, unless
the context clearly indicates otherwise.
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.
The word "may" is a permissive requirement.
The word "should" is a preferred requirement.
B. Definitions:
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. Accesso~ 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.
Commission: The Carmel /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.
Director: The Director of the Department of Community Services for the
City of Carmel, Indiana or the Director's authorized representatives.
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 (1) 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. Abasement or any
floor located entirely or partially below grade level shall not constitute a
story.
INIMAN2 730732v1 Date: April 18, 2003
Exhibit A
Monon Town Homes PUD
Legal Description
Beginning at the Northwest corner 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 Yz feet North of the fence corner 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 % feet North of a fence corner 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 Township of Hamilton County, Indiana.
Except
Part of the Northeast Quarter (NE Ya) 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 corner 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
right-of-way line of the Monon Railroad 234 feet to the place of beginning.
Subject to the rights of the public, State of Indiana and the municipality in and to that portion of
the property used for road purposes, including utility rights of way for East 116`h Street being
approximately 26.5 feet by parallel lines off the entire North end as assumed and shown hereon.
Subject to and in favor of Terms and Provisions of Deed and Covenants from Davis to the City
of Cannel per Instrument No. 99-32867 for the Monon Trail as shown hereon.
INIMAN2 733005v1