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HomeMy WebLinkAboutPacket 06-25-13 Land Use Ordinance Z-574-13 1 Land Use Committee Meeting Draft: 06/25/2013 Sponsor: Councilor Rider 1 2 ORDINANCE Z-574-13 3 AN ORDINANCE OF THE COMMON COUNCIL OF THE 4 CITY OF CARMEL, INDIANA 5 ___________________________________________________ 6 An Ordinance amending the procedures and development requirements 7 for Planned Unit Developments (PUDs) 8 9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), 10 each unit of local government that wishes to adopt land use and zoning ordinances must first approve by 11 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and 12 WHEREAS, the Carmel Clay Comprehensive Plan “C3 Plan 2009” Docket No. 08070020 CP was 13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and 14 duly approved by Resolution No. CC-05-04-09-02 of the Common Council on May 4, 2009, and is therefore 15 the official Comprehensive Plan of the City of Carmel and Clay Township; and 16 WHEREAS, pursuant to Indiana Code 36-7-4-1506 the text of the zoning ordinance must specify 17 any limitation on planned unit development and any standards, requirements and procedures that govern the 18 establishment and administration of planned unit development districts; and 19 WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 20 text of the zoning ordinance; and 21 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-1600-02, 22 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City 23 Code; 24 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 25 that, pursuant to IC 36-7-4-600 and IC 36-7-4-1500 et seq. and after Docket No. 13010013 OA having 26 received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, April 16, 27 2013, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as 28 amended), to read as follows: 29 Section I: 30 31 ZO Chapter 31: General Provisions: 32 a. Amend Section 31.06.04: Proposals to Adopt or Amend Planned Unit Development District 33 Ordinances to read: 34 31.06.04 Proposals to Adopt or Amend Planned Unit Development District Ordinances. 35 The following procedure applies to a proposal to adopt or amend a PUD District Ordinance: 36 1. Location. Proposals for a PUD District Ordinance shall mayonly be considered on any 37 property located within the boundaries of Carmel/Clay Township, Hamilton County, Indiana. 38 2. Initiation. The proposal must be initiated by a petition signed by property owners who own 39 all of the land to be included in the Planned Unit Development District. 40 3. Definition. The petitioners shall prepare the proposal so that it is consistent with the definition 41 of a PUD District Ordinance provided in Section 31.06.01 aboveChapter 3: Definitions. 42 4. The proposal may provide that any development requirements (other than permitted uses) that 43 are specified in the PUD District Ordinance may be modified by a hearing examiner or 44 committee designated by the Commission, after a public hearing held in accordance with the 45 Ordinance Z-574-13 2 Land Use Committee Meeting Draft: 06/25/2013 Commission’s Rules of Procedure. However, any decision of a hearing examiner or 46 committee which approves or denies any requested modification may be appealed by the 47 Director or any interested party to the Commission, also in accordance with the Commission’s 48 Rules of Procedure. 49 54. Decision Criteria. In considering the proposal, both the Commission and the Council shall pay 50 reasonable regard to: 51 ia. the extent to which the PUD District Ordinance is desirable (1) in order to provide a 52 mixed use development, or (2) to address unusual site conditions or surroundings; 53 b. the Comprehensive Plan and any other applicable, adopted planning studies or reports; 54 iic. the extent to which the proposal fulfills the general intent of the Subdivision Control 55 and Zoning Ordinances; 56 d. current conditions and the character of current structures and uses in each district and 57 its surroundings; 58 iiie. the most desirable use for which the land in each district is adapted; 59 ivf. the conservation of property values throughout the City and the Township., and 60 v. responsible development and growth. 61 5. District Ordinance. The District Ordinance shall be the governing document for the 62 development of the Planned Unit Development. The District Ordinance and corresponding 63 exhibits may be formatted to no larger than ledger or tabloid sized (11”x 17”) pages and shall 64 conform to the following: 65 a. Cover Page and Table of Contents. The cover page shall include the Docket Number 66 and, when applicable, the Council Ordinance number, the title of the PUD District, 67 and the submittal date. A Table of Contents shall identify all sections and exhibits 68 included in the District Ordinance. 69 b. Development Requirements. The District Ordinance shall clearly indicate in text or 70 map graphic form the subject location as well as the permitted uses and development 71 requirements to be applied to the real estate. The District Ordinance shall include, but 72 is not limited to: 73 i. Concept Plan, which defines the boundaries of the PUD District, delineates any 74 sub-districts or planning areas and which also illustrates building areas, 75 parking areas and the basic street and connectivity patterns within the project. 76 ii. Land Uses proposed, including a specific list of permitted uses in the PUD 77 District or, when applicable, within each sub-district. 78 iii. Transportation Systems, including plans for the general location and layout of 79 thoroughfares, bicycle and pedestrian connectivity, as well as specifications for 80 each. 81 iv. Open Spaces, including the location, design, and use, minimum acreage and 82 overall percentage of open space and common areas. 83 v. Natural Features, including any streams, regulated drains, floodplains, 84 wetlands, wooded areas or preserved trees. 85 vi. Minimum and/or maximum Lot Area, Building Height and Setback Standards. 86 Ordinance Z-574-13 3 Land Use Committee Meeting Draft: 06/25/2013 vii. Architectural Design Standards, including any specified styles, permitted 87 building materials or minimum requirements for building footprints, rooflines, 88 facades, porches/entryways, windows or mechanical equipment. 89 viii. Lighting Standards, including types, size, maximum fixture height, as well as 90 minimum and maximum illuminance to be permitted on the real estate a 91 photometric plan. 92 ix. Landscaping Requirements, including general locations and specifications for 93 landscaping materials, streetscapes, perimeter landscaping, foundation 94 plantings, parking lot plantings, installation and maintenance practices as well 95 as preservation criteria. 96 x. Sign Standards, including the number, size, type and overall design of signs to 97 be permitted on the real estate. 98 xi. Parking Requirements, including the general location, minimum and/or 99 maximum number of automobile and bicycle parking spaces as well as any 100 allowances for shared parking. 101 xii. Definitions. 102 xiii. Declaration of Covenants. 103 xiiixiv. Approval Process, including a list of approvals required prior to obtaining an 104 Improvement Location Permit, e.g. Development Plan, ADLS, Primary Plat, 105 Secondary Plat, Modification procedures. 106 xivxv. Violations & Enforcement. 107 xvxvi. Schedule of Exhibits, including all text and/or maps required to describe, 108 depict, illustrate or characterize any of the project details. Any Conditions or 109 Commitments required per Subparagraph 8, shall also be included in the 110 Schedule of Exhibits. 111 c. Any portion of the Carmel Subdivision Control or Zoning Ordinance may be 112 referenced in the District Ordinance. However, the Subdivision Control and/or Zoning 113 Ordinance shall govern in instances where the PUD District Ordinance is silent. 114 d. The Council Signature Page shall occur at the end of the District Ordinance, following 115 all exhibits and appendices necessary to describe, regulate and illustrate the PUD 116 District. 117 6. Supplemental Information. In addition to the District Ordinance and its exhibits, the following 118 additional information shall be submitted to aid in the review of the PUD District: 119 a. PUD Comparison Exhibit. A table which compares the proposed District Ordinance 120 development requirements to the development requirements of the existing District 121 and one or more comparable Districts in the Carmel Zoning Ordinance. 122 b. Character Renderings. One or more renderings shall be submitted which illustrates the 123 most intense development proposed in the PUD District and sub-district, when 124 applicable. The renderings shall depict scenarios of the tallest structures, minimum 125 building setbacks, and largest building footprints permitted in the context of the 126 proposed PUD District and surrounding property. Where new residential is proposed, 127 renderings or photographic samples shall be submitted to illustrate examples of homes 128 or buildings with the fewest architectural features allowed in the District. 129 Ordinance Z-574-13 4 Land Use Committee Meeting Draft: 06/25/2013 c. Vicinity Map. A vicinity map shows the use and zoning of all properties within ¼ 130 mile of the property subject to the District Ordinance, and within ½ mile of the subject 131 property if it comprises more than 160 acres. The map shall also include any existing, 132 pending or approved future development, including streets, access points and general 133 drainage patterns or designs. 134 d. Existing Site Conditions. A description and/or map of all existing conditions on the 135 subject property, including structures, streets, trails, established open spaces, utility 136 lines, easements, topography, natural features, or any other feature that may influence 137 the design of the development. 138 e. Historic Structures and Features. When present, a description and/or map of all 139 historic structures and features, as determined by the Hamilton County Interim Report 140 or Carmel Historic Preservation Commission. 141 f. Any other information requested by the Director, Plan Commission or Common 142 Council to aid in the review of the PUD District. 143 7. Public Hearing. The Petitioner and Commission shall give notice and hold a public hearing on 144 the proposal in accordance with its Rules of Procedure. In addition, the petitioner shall 145 document at that meeting all additional public outreach efforts regarding the proposal (e.g. 146 informational meetings with neighbors, homeowner’s associations or other similar 147 neighborhood groups). 148 78. Conditions & Commitments. 149 a. When adopting or amending a PUD District Ordinance, the Council may impose 150 reasonable conditions on a Planned Unit Development, including but not limited to 151 furnishing a bond or a satisfactorily written assurance guaranteeing the timely 152 completion of a proposed public improvement within or serving the Planned Unit 153 Development. 154 b. Whenever the Commission deems it advisable in regard to the matters contained in 155 Subparagraph (314 Modifications) or (4 Decision Criteria) aboveherein, the 156 Commission may permit or require the owner of a parcel of real property to make a 157 Commitment subject to the rules prescribed for Commitments by Section 31.06.05. 158 By permitting or requiring a Commitment, the Commission does not become obligated 159 to recommend or not recommend the adoption of the proposal. 160 c. During the time when the proposal is being considered by the Council, the owner of a 161 parcel of land may make a new Commitment or modify the terms of a Commitment 162 made when the proposal was before the Commission. No further action of the 163 Commission is required for a new Commitment to be effective. If a Commitment 164 made when the proposal was before the Commission is modified and the effect of the 165 modification is to make the Commitment more stringent, no further action of the 166 Commission is required for the modified Commitment to be effective; however, if the 167 effect of such a modification is to make the Commitment less stringent, then the 168 modified Commitment must be ratified by the Commission to be effective. A 169 Commitment made or modified under this provision is subject to the rules prescribed 170 for Commitments by Section 31.06.05. 171 d. To the extent that any of the required Conditions or Commitments is a direct alteration 172 of a development requirement listed in the District Ordinance, then the District 173 Ordinance shall be amended to reflect the required Commitment. 174 Ordinance Z-574-13 5 Land Use Committee Meeting Draft: 06/25/2013 89. Certification. Within ten (10) business days after the Commission determines its 175 recommendation (if any), the Commission shall certify the proposal to the Council with a 176 favorable recommendation, an unfavorable recommendation, or no recommendation from the 177 Commission. 178 910. Council Action. The Council shall vote on the proposal within ninety (90) days after the 179 Commission certifies the proposal. The Council’s consideration of the proposal is governed 180 by IC 36-7-4-608 and IC 36-7-4-1512. 181 10. During the time when the proposal is being considered by the Council, the owner of a parcel 182 of land may make a new Commitment or modify the terms of a Commitment made when the 183 proposal was before the Commission. No further action of the Commission is required for a 184 new Commitment to be effective. If a Commitment made when the proposal was before the 185 Commission is modified and the effect of the modification is to make the Commitment more 186 stringent, no further action of the Commission is required for the modified Commitment to be 187 effective; however, if the effect of such a modification is to make the Commitment less 188 stringent, then the modified Commitment must be ratified by the Commission to be effective. 189 A Commitment made or modified under this provision is subject to the rules prescribed for 190 Commitments by Section 31.06.05. 191 11. Maps. If the proposal is adopted, the Commission shall update the zone maps that it keeps 192 available with the Zoning Ordinance and the City’s Code of Ordinances to reflect the 193 designation of the parcel as a Planned Unit Development District. 194 12. Effective Date. Unless the proposal provides for a later effective date, the PUD District 195 Ordinance takes effect when the proposal is duly adopted. 196 13. Periodic Review. In the event that an approved PUD is dormant for more than three (3) years, 197 the Director will conduct a review of the PUD District Ordinance to verify that it is still 198 appropriate within the community. The Director will report the results of the review to the 199 Plan Commission and Common Council. 200 A PUD will be considered dormant resulting in periodic review under the following 201 conditions: 202 a. If Primary Plat and/or Development Plan approval does not occur on any portion of 203 the site within three (3) years from the effective date. 204 b. If the PUD fails to commence or if no, or minimal, construction activity has occurred 205 for a period of three (3) years following Primary Plat and/or Development Plan 206 Approval. 207 c. If there is no, or minimal, construction activity for any period of three (3) years, even 208 after construction activity has commenced. 209 c. If the PUD remains dormant following a review under subparagraphs (a) or (b) or (c) 210 above, then review will occur every two (2) years until appropriate Primary Plat, 211 Development Plan or Improvement Location Permit approvals are granted or 212 construction activity occurs. 213 414. Modification. The proposal may provide that any development requirements (other than 214 permitted uses) that are specified in the PUD District Ordinance may be modified as follows: 215 by a hearing examiner or committee designated by the Commission, after a public hearing 216 held in accordance with the Commission’s Rules of Procedure. However, any decision of a 217 hearing examiner or committee which approves or denies any requested modification may be 218 appealed by the Director or any interested party to the Commission, also in accordance with 219 the Commission’s Rules of Procedure. 220 Ordinance Z-574-13 6 Land Use Committee Meeting Draft: 06/25/2013 a. Permitted Uses and Maximum Unit Limitations, when applicable, may only be 221 modified by a text amendment to the PUD District Ordinance, after a public hearing 222 held in accordance with the Commission’s Rules of Procedure. 223 a. The following development requirements may only be modified by a text amendment 224 to the PUD District Ordinance, after public hearing held in accordance with the 225 Commission’s Rules of Procedure and approval by Council: 226 i. Changes in Permitted Uses; 227 ii. Increases in Density or Intensity, including applicable units per acre, maximum 228 number of dwelling units, or maximum square footage; 229 iii. Decreases in the overall percentage or acreage of Open Space; 230 iv. Any quantitative changes – either individually or in the aggregate – that create 231 a ten percent (10%) or greater change from the development requirements of 232 the PUD District Ordinance. 233 bc. The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the 234 dimensional and quantitative standards of the PUD District Ordinance, by no greater 235 less than ten percent (10%) of the specified standard. Any approval of such waiver is 236 subject to the following criteria: 237 i. The proposal shall be in harmony with the purposes and land use requirements 238 contained in the PUD District Ordinance. 239 ii. The proposal shall complement the overall development plan and the adjoining 240 streetscapes and neighborhoods. 241 iii. The proposal shall not produce a site plan or street/circulation system that 242 would be impractical or detract from the appearance of the PUD District, and 243 must not adversely affect emergency access in the area. 244 cb. Substantial Alterations from an approved Development Plan, ADLS or Primary Plat 245 shall be reviewed and approved by the Plan Commission, or a committee thereof, 246 pursuant to the Plan Commission’s Rules of Procedure. Minor Alterations may be 247 approved by the Director. 248 d. The Board of Zoning Appeals may also review and approve Variances from the terms 249 of the PUD District Ordinance, pursuant to Chapter 30. 250 251 252 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 253 repealed. 254 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the 255 Mayor. 256 257 PASSED by the Common Council of the City of Carmel, Indiana this _____ day of _________________ 258 2013, by a vote of _________ ayes and ________ nays. 259 260 261 Ordinance Z-574-13 7 Land Use Committee Meeting Draft: 06/25/2013 COMMON COUNCIL FOR THE CITY OF CARMEL 262 263 264 ___________________________________ ____________________________________ 265 Presiding Officer Kevin D. Rider 266 267 268 ___________________________________ ____________________________________ 269 Richard L. Sharp, President Pro Tempore Carol Schleif 270 271 272 ___________________________________ ____________________________________ 273 Ronald E. Carter W. Eric Seidensticker 274 275 276 ___________________________________ ____________________________________ 277 Sue Finkam Luci Snyder 278 279 280 ATTEST: 281 282 283 __________________________________ 284 Diana L. Cordray, IAMC, Clerk-Treasurer 285 286 287 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 288 _________________________ 2013, at _______ __.M. 289 290 291 ____________________________________ 292 Diana L. Cordray, IAMC, Clerk-Treasurer 293 294 295 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 296 ________________________ 2013, at _______ __.M. 297 298 299 ____________________________________ 300 James Brainard, Mayor 301 302 ATTEST: 303 304 305 ___________________________________ 306 Diana L. Cordray, IAMC, Clerk-Treasurer 307 308 Prepared by: 309 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 310 Existing Zoning Comparable District 1 Proposed PUD Comparable District 2 Proposed PUD Comparable District 3 Proposed PUD Choose the nearest comparable zoning district or overlay zone. Choose as many as needed to compare sub-areas such as Primary vs. Secondary Area, etc. LAND USE List each use separately. Indicate whether each is permitted, requires special use, etc Use(s) Permitted? SUBDIVISION STANDARDS See the Subdivision Control Ordinance Open Space:%% Open Space Type: DISTRICT STANDARDS See individual zoning districts for standards Lot Area (min. and/or max.):Sqft. Sqft. Front Yard (min. and/or max.): Ft. Ft. Side Yard (min. and/or max.):Ft. Ft. Aggregate Side Yard (min. and/or max.):Ft. Ft. Rear Yard (min. and/or max.):Ft. Ft. Lot Width (min. and/or max.):Ft. Ft. Lot Coverage (min. and/or max.):%% Ground Floor Area (min. and/or max.):Sqft. Sqft. Density (min. and/or max.):units/acre units/acre Building Height (min. and/or max.):Ft. Ft. Parking/Loading Berths:## District Landscaping: Lighting: GENERAL REQUIREMENTS Signage: ZO 25.07 Fencing: ZO 25.02 Perimeter Buffering: ZO 26.04 Tree Preservation: Parking Spaces Required: ZO Ch 27 ## Bicycle Parking: ZO 27.06 ## REQUIRED APPROVALS DP/ADLS/Primary Plat, etc Area A Area B Repeat as needed EXHIBIT X: PUD COMPARISON Summary Comparison Exhibit, 2013-0625.xlsx 6/19/2013 Version mm/dd/year Ordinance Z-###-## Page 1 Project Name PUD SAMPLE OUTLINE Revised 6/19/2013 PROJECT NAME PLANNED UNIT DEVELOPMENT DISTRICT Carmel, Indiana Ordinance Z-###-## Plan Commission Docket ######## Z Notes: 1. PUD District Ordinances may reference any section of the Zoning, Subdivision Control or other adopted Ordinance. However, for review purposes (by staff, Plan Commission and Council), the full text of each referenced section should be temporarily included within the District Ordinance and differentiated from the permanent District Ordinance text. 2. When references to ZO or SCO Sections are used in a PUD District Ordinance, the applicant should understand that those sections are subject to future amendment at the discretion of the Plan Commission and City Council. Version mm/dd/year Ordinance Z-###-## Page 2 Project Name PUD TABLE OF CONTENTS 1 Section 1. Applicability of Ordinance ............................................................................................... 1 2 Section 2. Definitions ....................................................................................................................... 1 3 Section 3. Planning Areas / Use Blocks ............................................................................................ 1 4 Section 4. Conceptual Plan ............................................................................................................... 1 5 Section 5. Permitted Uses ................................................................................................................ 1 6 Section 6. Accessory Buildings & Uses ............................................................................................. 1 7 Section 7. Transportation Systems .................................................................................................. 1 8 Section 8. Open Spaces ................................................................................................................... 1 9 Section 9. Natural Features ............................................................................................................. 1 10 Section 10. Bulk & Density Standards ............................................................................................... 1 11 Section 11. Architectural Design Standards ...................................................................................... 1 12 Section 12. Lighting Standards .......................................................................................................... 1 13 Section 13. Landscaping Requirements ............................................................................................ 1 14 Section 14. Sign Requirements .......................................................................................................... 1 15 Section 15. Parking Requirements .................................................................................................... 1 16 Section 16. Construction Phasing ...................................................................................................... 1 17 Section 17. Declaration of Covenants ............................................................................................... 1 18 Section 18. Approval Process ............................................................................................................ 1 19 Section 19. Violations & Enforcement .............................................................................................. 1 20 Section 20. Schedule of Exhibits ......................................................................................................... 1 21 Exhibit 1. Legal Description ............................................................................................................. 1 22 Exhibit 2. Planning Areas / Use Blocks ............................................................................................ 1 23 Exhibit 2. Conceptual Plan .............................................................................................................. 1 24 Exhibit 2. Streets & Streetscapes, Specifications ............................................................................ 1 25 Exhibit 2. Bicycle & Pedestrian Plans, Specifications ...................................................................... 1 26 Exhibit 2. Open Space Plan, Specifications ..................................................................................... 1 27 Exhibit 2. Natural Features /Environmental Systems / Drainage Plan ........................................... 1 28 Exhibit 2. Architectural Design Standards ...................................................................................... 1 29 Exhibit 2. Typical Lighting ............................................................................................................... 1 30 Exhibit 2. Landscape Plan ................................................................................................................ 1 31 Exhibit 2. Sign Plan .......................................................................................................................... 1 32 Exhibit 2. Character Illustrations .................................................................................................... 1 33 Exhibit 2. Conditions / Commitments ............................................................................................ 1 34 Section 21. Adoption (Council Signature) .......................................................................................... 1 35 36 Version mm/dd/year Ordinance Z-###-## Page 3 Project Name PUD Sponsor: Councilor(s)____________ 37 38 ORDINANCE Z-###-13 39 AN ORDINANCE OF THE COMMON COUNCIL OF THE 40 CITY OF CARMEL, INDIANA ESTABLISHING THE 41 ___________________ PLANNED UNIT DEVELOPMENT DISTRICT 42 43 WHEREAS, Section 31.06.04 of the Carmel Zoning Ordinance (Ordinance Z-289, as amended), 44 provides the establishment of a Planned Unit Development District in accordance with the requirements of 45 IC § 36-7-4-1500 et seq.; and 46 47 WHEREAS, the Plan Commission conducted a public hearing on Docket No. ####### Z at its 48 (date), meeting as required by law; and 49 50 WHEREAS, the Plan Commission has given a favorable recommendation to this PUD District 51 Ordinance (the “_____________ Ordinance”), which establishes the ____________________ Planned Unit 52 Development District (the “___________ District”) with respect to the real estate legally described in 53 54 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 55 that, pursuant to IC § 36-7-4-1500 et seq., it hereby adopts this Ordinance as an amendment to the Official 56 Zoning Map (the “Zoning Map”) and to establish this Planned Unit Development Ordinance, to read as 57 follows: 58 Section 1. Applicability of Ordinance. 59 1.1 The Zoning Map is hereby changed to designate the land described in Exhibit A, attached 60 hereto (the “Real Estate”), as a Planned Unit Development District to be known as the 61 ____________ District (the “District”). The requirements of the ______________ Ordinance 62 shall run with the land, be binding on the Developer of the Real Estate, subsequent owners of 63 the Real Estate, and other persons acquiring an interest therein. 64 1.2 Development in this District shall be governed entirely by (i) the provisions of this Ordinance 65 and its exhibits, and (ii) those provisions of the Zoning Ordinance and Subdivision Control 66 Ordinance specifically referenced in this Ordinance. 67 1.3 In the event of a conflict or inconsistency between this Ordinance and the Zoning Ordinance, 68 the provisions of this ______________ Ordinance shall apply. 69 1.4 Where the PUD District Ordinance is silent, the Carmel Subdivision Control and/or Zoning 70 Ordinance shall govern. 71 72 Section 2. Definitions. 73 74