HomeMy WebLinkAboutZ-464-04 Traditions on the Monon Sponsor: Councilor Ratterrnann
ORDINANCE NO. Z-464=04
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL,;INDIANA-
,
ESTABLISHING'THE
Traditions on the Monon
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 l.C.:§ 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
unanimous„favorable recommendation to the ordinance set forth herein (the "Traditions on the
Monon")Which establishes the Traditions on the Monon Planned 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 IC §36-7-4-1.500 et seq., it adopts this
Traditions on the Monon 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null and void and replaced and superseded by this Traditions on•the Monon Ordinance, and
(iii)this Traditions on the Monon 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 the Traditions on the Monon. .
Section. 1.2 Development in the District shall be governed entirely by (i)the
provisions of this Traditions on the Monon Ordinance and its exhibits, and (ii)those
provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this
Traditions,On the Monon Ordinance. In the event of a;conflict between this Traditions on
the Monon Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the
provisions of:this Traditions on the Monon Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carinel/Clay Zoning Ordinance in effect on the date of the enactment of this
Traditions on the Monson Ordinance.
Section 2 Permitted Uses
Permitted uses are townhomes, condominiums and/or multi-family dwelling units.
Section 3 Accessoruildings 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 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 Traditions on the Monon Ordinance.
Section 6 Height and Area Requirements
Section 6.1 Maximum Building Height: The maximum Building Height is thirty-eight
(38)feet.
Section 6.2 Minimum Building Set Back: The minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with Smokey Row Road shall be fifteen(15)
feet, and along the north property line of the Real Estate the minimum Set Back shall be
ten (10) feet, along the west 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 Density. There shall be a maximum of one-hundred and forty (140) units
on approximately 12.21 acres.
Section 6.5 Square Foot ge of Townhome Units. The minimum square footage for an
individual Townhome unit shall be one thousand four hundred (1,400) square feet,
exclusive of any garages.
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Section 7 Conceptual_Building Types
Section 7-1 Architectural>Design Requirements:
A. Roof design: All roofs, except for open porch roofs, shall have a
minimum slope of 12 horizontal,to 8 vertical.
B. Building rendering and elevations: - Attached hereto and incorporated
herein by reference as Exhibit"B" are conceptual building renderings of
the Buildings to be constructed upon the Real Estate. All Buildings
constructed upon the Real Estate shall include Masonry as the primary
building materials, excluding but not limited to doors, soffits, trim,
windows', gables and roofs.
Section 8' Landscaping
Attached hereto and incorporated herein by reference as Exhibit"C" is the conceptual landscape
plan(hereafter"Conceptual.Landscape Plan").
Section 8.1 Planting Standards. Landscaping shall be integrated with other functional
and ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, or any water features. Deciduous tree s planted to satisfy the landscaping
requirements of this .ordinance shall have at least a two and one-half inch (2-1'/2")
Caliper and seven foot (7') height at the time of planting, unless otherwise specified
herein or otherwise indicated on the Conceptual Landscape Plan- Evergreen trees shall
be:a minimum of six feet (b') in height at the time of planting. Shrubs shall be two (2)
feet in height at the time of planting. All trees, shrubs and ground covers shall be planted
according to accepted-horticultural standards. Landscaping materials shall be appropriate
• to local'growing and climatic conditions. Plant suitability, maintenance and compatibility
with site construction features are critical factors that should be considered. Plantings
should be designed with repetition, structured patterns, and complementary textures and
colors,and should reinforce the overall character of the area.
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping approved in accordance with this
Traditions on the Monon 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 8.3' Building Base Landscaping. The building base landscaping around the
buildings shall include a minimum of twelve (12) shrubs. Additionally, there shall be a
minimum of two (2) shade trees per unit between the unit and the sidewalk, if the
necessary area for planting is available. If a shade tree can not be planted between the
unit and the sidewalk,that shade tree will be planted at an alternate location on the site.
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Section 8.4 Perimeter Planting/Buffer Yard. The perimeter planting and buffer yard
planting shall be in accordance with Section 26.04 Perimeter Buffering Requirements of
the Zoning Ordinance.
Section 8.5 Interior Plantings. Adjacent to any 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. For any common areas adjacent to a parking area,
plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements of
the Zoning Ordinance.
Section 8.6 Tree Conservation. Existing trees as identified on the Conceptual
Landscape Plan as "Tree Conservation Area"shall not be removed from the Real Estate
except as follows:
1. As is necessary to clear underbrush and dead trees;
2. As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, and utilities and drainage improvements and
infrastructure; and
3. As necessary for public health and safety.
Section 9 Lighting Requirements
A. Front of Townhome lighting: Each Townhome shall have one (1) light
fixture near the door.
B. Rear of Townhome lighting: Each Townhome shall have a minimum of
one (1) light fixture on the rear of each unit, however the light position(s)
shall be consistent among all units.
C. Street Lighting: Street lighting shall be provided near intersections of
streets and alleyways and along the Monon Trail and 136th Street.
D. Light Fixture. Renderings: Attached as Exhibit "D" and Exhibit "E".
respectively, and referred to herein as the Conceptual Wall Mounted
Luminaries and Conceptual Pole Mounted Luminaries are renderings
which depict the acceptable types of wall and pole mounted luminaries for
the District.
Section 10 Signs and Entry Way Wall
Section 10.1. Ground Signs and Entry Wall
A. Type: At each entrance to the development, adjacent to both Smokey
Row Road and Rangeline Road, Two (2) Ground/Entryway Signs shall be
permitted, as is conceptually depicted on Exhibit "F", which is attached
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hereto and incorporated herein.'by reference. One (1) entry wall is also
permitted, not to,exceed fifteen 05) feet in length,as depicted on what is
attached,hereto and incorporated'hereinhy reference as Exhibit"F".
B. Maximum.Sign Area: Twenty-four(24) square feet each.
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 within on-street parking spaces and
other spaces to be provided on the site, as depicted on the Conceptual Plan and
incorporated herein by'reference as Exhibit"G".
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 and maintenance of common areas.
The 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. A..royal or Denial of the Primar Plat/Develo.ment Plan. •
A. Exhibit. "G", which is att.c'-• ereto and incorporated herein by
reference, shall serve as the once etual.Plan.(the "CP"). However, the CP
does not constitute the approved Deve opment Plan and primary plat for
the Real Estate, nor does it constitute the approved architecture, design,
-lighting° and landscaping for the Ream Estate and the improvements
thereon, considered in connection with the Traditions on the Monon
Ordinance. Traditions on the Monon shall require further (i) ADLS
approval, and (ii) Development Plan/primary plat approval. The Final
Development Plan approval procedures are set forth below in this Section
13: 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 rules of procedure. Minor Alterations may be
approved by the Director.
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B. The Director shall have the sole and exclusive authority to approve _
without conditions, approve with conditions, or disapprove the Liaal
Development Plans/Secondary ats (collectively, the "FDP") for the
Traditions on the Monon; 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 and Development Standards of this Traditions
on the Monon Ordinance. If the Director disapproves any FDP, the
Director shall set forth in writing the basis for the 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 Substantial Alternation 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.
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.
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.
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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.
G. 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. Council: The City Council of the City of Carmel, Indiana.
G. County: Hamilton County, Indiana.
H. 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.
I. Plan, Conceptual. 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
"G", which is attached hereto'and incorporated'herein by reference.
J. Development Plan, Final. A specificplan 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.
K. Development Requirements. Development standards and any
requirements specified in this Traditions on the Monon Ordinance which
must be satisfied in connection with the approval of a Final Development
Plan.=
L. Developer. Buckingham Properties,;Inc. 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.
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N. Homeowners Association: A nonprofit corporation.established for the
promotion of the health, safety and welfare of the residents of the
Traditions on the Monon, 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.
S. Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit"A".
T. Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
U. 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.
V. Sign: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Cannel-Clay Township, Ordinance Z-196, as
amended.
W. Substantial Alteration: Any change to an approved plan of any type that
involves the revision of ten percent (l0%) or more of the plan's total area
or approved materials.
X. Townhome: An attached dwelling intended for occupancy by a single
family.
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Y. Townhome.Building: A structure containing attached dwellings.
Z. Trim:: Soffits architraves, wood reveals, and casement around doors and
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windows.
Section.15. Violations
All violations of this Traditions on the Monon 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 o9O day of
2 }Q1 . , 2004, by a voteof -j'.p ayes and 6 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
/ Alt.6 -4..e.,-,a ' , „oK.—...V M
P,,•siding Officer - - K- t irby
Ronald E. Carter,President Pro Tempore Brian b. Mayo
C_ . 40 'V ,
drick J. 29.ser v Mark"Ratterrnann
L16$ mid:'% - '
i
os el . Griffiths" Richard L. Sh. .
ATTEST:
41 i -/ ...:941..,—4,2A,„,('
Diana L. Cordray, IAMC,Clerk -.surer
. ..
Presented by -me to the Mayor of the City of. Carmel, Indiana the ,) 1 day of
'.. r_ --,�∎�'t\: , 2004, at (.31 . tl, o'clock 1-3 .M.
/ /
trfr f fi
Diana L. Cordray,IAMC, Cl- I treasurer
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Approved by me, Mayor of the City of Carmel, Indiana, this St day of
, 2004. at (-I . I t) o'clock i} .M.
J es Brainard,Mayor
ATTEST`
ft I
Diana L. Cordray, IAMC, Clerk ► surer
This Instrument prepared by: David E. Leazenby
Buckingham Properties, Inc.
333 N. Pennsylvania St., 10th Floor
Indianapolis, IN 46204
This Instrument reviewed by: Charles D. Frankenberger&:James E. Shinaver
NELSON& FRANKENBERGER
3 021 East 98th Street, Suite 220
Indianapolis,IN 46280
H:Uanct\Eden\Buckingham\PUD Council Draft 1120604.doc
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EXHIBIT "A"
Legal Description.
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. Part of the Southeast Quarter of Section 24, Township-18 ,North, Range 3 East in Hamilton County, Indiana, more
particularly.described_as-follows:
Commencing at the Southeast corner of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana; thence South 88.;degrees 23 minutes 47 seconds West(assumed bearing) on and along the
= South line of said Southeast Quarter 307.68 feet to the Southwest corner of real estate conveyed to Tolpygin per deed
recorded in the Office of the Hamilton County Recorder as Instrument.Number 2.002-2496 (Tolpygin parcel) and the
POINT OF BEGINNING of this description;thence continuing South;88 degrees 23 minutes 47 seconds West 480.21 feet
to a point on the East right-of--way line-of-the Morton Railroad and the point of curvature of a curve,to the left having a
radius of 1983.00 feet;thence northwesterly;owand along said curve an arc'distance.of 957.33 feet to the Southwest corner
of real estate conveyed to the Carmel Cemetery Association,(Cemetery Parcel) per deed recorded in the Office of the
Hamilton County Recorder. in Deed Book.278, Page 370;thence North 88 degrees 23 minutes 47 seconds East on and
along the South line of said Cemetery Parcel 343:14 feet to a point on the West,line of The Ritter's H.P.R.recorded in the
Office'of the Hamilton County Recorder in Plat Cabinet 2, Slide 562;-thence South 00 degrees 11 minutes 45 seconds
. .West on said West line 145.77 feet to the Southwest corner'of said Ritter's H_P R_. thence the following six (6) calls on
and along the South line of said Ritter's'H.P.R. 1.)North 79 degrees 59 minutes 29 seconds East 170.0 feet;2.)South 81
degrees 08 minutes 47 seconds East 71.41 feet;3:)North 67 degrees 57 minutes 12 seconds East 44.54 feet;4)North 88
degrees 12 minutes 49 seconds East 101.88 feet; 5.)North 57 degrees 13 minutes 24 seconds East 69.78 feet;6.)South 60
degrees 35 minutes 56 seconds East 55:18 feet;thence South 00 degrees 21 minutes 44 seconds East 409.53 feet to the
Southwest corner of real estate conveyed to Leppert & Hensley Mortuary Crematory, Inc. (Mortuary Parcel) per deed
recorded.in the Office of the Hamilton County Recorder as Instrument Number 2002-61 980;thence North 88 degrees 23
minutes 47 seconds East on and along the South line of said Mortuary.Parcel 270.10 feet to a point on the East line of said
Southeast Quarter;thence South'00-degrees 21 minutes 44 seconds.East on and along.said East line 50.00 feet; thence
South 88'degrees 23 minutes 47 seconds West 175.87 feet to a point on the Northwest corner of real estate conveyed to
P.S.I. per deed,recorded.in the Office of the„Hamilton County Recorder as Deed'Record 231;Page 168 and the point of
curvature Of‘a curve to the left,having'a radius of 1903.08; thence southerly on.-and along said curve an arc distance of
358.64 feet to the POINT OF BEGINNING,containing in all 12.24acres,itiore.or less.
Subject to theRight-of-way of 136th Street,
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Subject to the Right-of-way of Range Line Road
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Subject to the Right-of-way of the Monon Railroad.
Subject to the Right-of-way of the Follett&:Morrow Legal Drain Easement:
Subject to all legal easements,rights-of-way,covenants,and restrictions.
*Note:This description has been prepared based upon instructions from the;client.and''limited field observations by Mid-
States Engineering, LLC. A boundary survey has not been performed by Mid-States Engineering, LLC on the above
described'area per Indiana.Survey-,Standards as defined in Title,865, Article 1, Rule 12 of the Indiana Administrative
Code.; In no event will Mid-States.Engineering, LLC, its employees, agents,and/or assigns be liable for any damages
:arising ant of thefurnishing and/or use of this description.
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Council Ordinance Z-464-04:.bttp://cocdocs.ci.carmel.in.us/weblink/0/doc/202210/Pagel.aspx
PC docket•no 04070034 Z: http://cocdocs,ci.carmel.in.us/weblink/Browse.aspx?dbid=0&startid=453048&row=1
PC docket:no'05010045 dp/adls: http://cocdocs.ci.carmel.in.us/weblink/Browse.aspx?dbid=0&startid=453048&row=1
PC docket no 05010044 SP: http://cocdocs_ci.carmel.in.us/weblink/Browse.aspx?dbid=0&startid=453048&row=1
PC docket?no 05110036.SP/replat: (not yet'scanned)
`PC docket no 07010024:SP/replat:http:f/cocdocs:ci.carmel.in.usjweblink/Browse.aspx?dbid=0&startid=453048&row=1
`PC docket no 100100'03 SP/replat: http:-//cocdoc's:ci.carrnelln.us/weblink/Ofcil/4-53048/RowLaspx
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