Z-590-14 Monon Lake PUD Sponsors: Councilor Rider
CARMEL, INDIANA
Monon Lake
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-590-14
Updated July 25, 2014
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance 3
Section 2. Definitions and Rules of Construction 3
Section 3. Accessory Buildings and Uses 6
Section 4. Development and Architectural Standards 6
Section 5. Open Space Requirements 8
Section 6. Landscaping Requirements 11
Section 7. Signage Requirements 14
Section 8. Additional Requirements and Standards 14
Section 9. Procedural Provisions 15
Section 10. Controlling Developer's Consent 16 •
Section 11. Violations and Enforcement 17
Section 12. Exhibits 17
Exhibit A. Legal Description
Exhibit B. Development Plan/Primary Plat
Exhibit C. Home Mix Guidelines
Exhibit D. Architectural Character Imagery
Exhibit E. Landscape Plan
Exhibit F. 101St Street Improvements
Note: All of the above Exhibits (A-F) are attached to this Monon Lake Ordinance, are
incorporated by reference into this Monon Lake Ordinance and are part of this Monon Lake
Ordinance.
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i1 r
Sponsors: Councilor Rid er
ORDINANCE Z-590-14
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL,INDIANA
ESTABLISHING
THE MONI
PLANNED UNIT DEVELOPMENT LLAGE DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development
District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and
WHEREAS, the Plan Commission has given a negative recommendation to this PUD
district ordinance (the "Monon Lake Ordinance"), which establishes the Monon Lake Planned
Unit Development District (the "Monon Lake District") with respect to the real estate legally
described in Exhibit A(the "Real Estate").
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7-
4-1500 et seq., the Council adopts this Monon Lake Ordinance, as an amendment to the Zone
Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Monon
Lake Ordinance and its exhibits are hereby made inapplicable to the use and development of the
Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null
and void and replaced and superseded by this Monon Lake Ordinance, and (iv) this Monon Lake
Ordinance shall be in full force and effect from and after its passage and signing.
Section 1. Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as the Monon Lake District.
Section 1.2 Development in the Monon Lake District shall be governed entirely by (i)
the provisions of this Monon Lake Ordinance and its exhibits, and (ii) those provisions of
the Zoning Ordinance or Subdivision Control Ordinance specifically referenced in this
Monon Lake Ordinance. In the event of a conflict or inconsistency between this Monon
Lake Ordinance and the Zoning Ordinance and/or Subdivision Control Ordinance, the
provisions of this Monon Lake Ordinance shall apply.
Section 2. Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the Monon Lake Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
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d used in the present tense include the past and future tenses, and the
B. Words
p P
future the present.
C. The word "shall" indicates a mandatory requirement. The word "may"
indicates a permissive requirement.
Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in
this Section 2.2, as they appear throughout this Monon Lake Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Monon Lake Ordinance and not defined below in this Section 2.2, shall
be the same as set forth in the Zoning Ordinance.
Accessory Structure: A structure which is subordinate to a Dwelling or use
located on the Real Estate and 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 Dwelling as the main use, and incidental to the main use.
Aggregate Side Yard: The sum of the widths of the two (2) side yards located on
one (1) lot.
Architectural Character Imagery: These comprise the elevations and renderings,
attached hereto as Exhibit D, and are intended to generally and conceptually
illustrate an application of the Development Requirements. Architectural
Character Imagery is general and not intended to delineate the only final Dwelling
designs that may be built. Dwellings will comply with the Architectural Standards
but may vary from the Architectural Character Imagery.
Architectural Standards: The Architectural Standards incorporated herein as
Section 4.7 (Architectural Standards).
Building: A structure having a roof supported by columns and walls, for the
shelter, support, or a Dwelling.
Building Height: The vertical distance from the lot ground level at the foundation
to the highest point of the roof for a flat roof,to the deck line of a mansard roof
and to the mean height between eaves and ridges for gable,hip and gambrel roofs.
BZA: The Carmel Board of Zoning Appeals.
City: The City of Carmel, Indiana.
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Controlling Developer: Shall mean WI Homes of Indiana LP until such time as
M/I Homes of Indiana LP transfers or assigns, in writing, its rights as Controlling
Developer.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions, if any, applicable to the Real Estate, or any portion thereof, which
may be prepared and recorded by the Controlling Developer in its discretion in
the office of the Recorder of Hamilton County, Indiana, and which may, from
time to time, be amended.
Development Plan/Primary Plat: The Development Plan/Primary Plat attached
hereto and incorporated herein by reference as Exhibit B (Development
Plan/Primary Plat) which is the primary plat of the Real Estate.
Development Requirements: Written development standards and any written
requirements specified in this Monon Lake Ordinance, which must be satisfied in
connection with the approval of the Secondary Plat and Building Permits.
Dwelling: A detached single-family residence.
Masonry: Brick, stone, manufactured or synthetic stone.
Open Space: Open Space shall comprise a parcel or parcels of land, areas of
water, or a combination of land and water, including but not limited to flood
plain, wetland areas, tree preservation areas, bufferyard areas and common areas
located within the Real Estate and designed by the Controlling Developer and
may also include a Public Park and all ancillary uses associated with a Public
Park. Except as otherwise provided herein, open space does not include any area
which is divided into Dwelling Lots or streets. Open Space shall be in the areas
identified on the Exhibit B (Development Plan/Primary Plat).
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Plan Commission: The City's Plan Commission.
Primary Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Sign: Any type of sign as further defined and regulated by this Monon Lake
Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance.
Subdivision Control Ordinance: The City's Subdivision Control Ordinance,
Ordinance Z-160, as amended.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
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Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of
Cannel, Hamilton County, Indiana, as amended.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the R-1 Residential District of the Zoning Ordinance shall be permitted in the
Monon Lake District; unless prohibited in the Declaration(s) of Covenants; provided, however,
that any detached accessory building shall have on all sides the same level of architectural
features and shall be architecturally compatible with the principal building(s) with which it is
associated. All Accessory Structures and Accessory Uses shall be subject to the provisions to
Chapter 25 of the Zoning Ordinance.
Section 4. Development and Architectural Standards.
Section 4.1 Permitted Uses:
A. Single-family Dwellings.
B. Open Space.
C. Public Park.
D. There shall be no more than forty-three (43) Dwellings permitted within the
Real Estate.
Section 4.2 Bulk Requirements:
A. Minimum Lot Width at Building Line: Sixty (60) feet.
B. Minimum Lot Area: Sixty-five hundred(6,500) square feet.
C. Minimum Lot Frontage at Street: Fifty (50) feet.
D. Minimum Front Yard Setback: Nineteen(19) feet.
E. Minimum Side Yard Setback: Five (5) feet.
H. Minimum Rear Yard Setback: Fifteen(15) feet.
I. Maximum Building Height: Thirty-five (35) feet.
J. Minimum Ground floor area of one-story Dwelling(exclusive of porches,
terraces, and garages: One thousand, six hundred(1,600) square feet.
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K. Minimum Ground floor area of two-story Dwelling (exclusive of porches,
terraces, and garages: One thousand, six hundred(1,600) square feet.
L. Maximum Lot Coverage: Forty-five (45)percent.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this
Monon Lake Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Monon
Lake Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8
of this Monon Lake Ordinance.
Section 4.6 The Real Estate shall develop in a manner substantially similar to the layout
shown in Exhibit B (Development Plan/Primary Plat).
Section 4.7 Architectural Standards:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board, Synthetic
Stucco, and EIFS. EIFS and synthetic stucco shall not be used within eight
(8) feet of ground level.
B. Required Window Openings: Two (2)per level,per façade provided,
however,that a vent may be substituted for a window on an uninhabitable
gable. All windows shall be fully framed and trimmed.
C. Garage Type: Garages shall be front loaded garages attached to the Dwelling.
D. Chimneys: Chimneys shall be stone,brick, or synthetic stone/brick,only and
extend fully to ground provided,however,that chimneys which protrude from
inside the Dwelling may also have cementitious board, synthetic stucco,
and/or EIFS as their exterior building material. Direct vent gas fireplaces are
not required to have chimneys.
E. Porch: At least six feet(6') deep with consistent materials/design with
Dwelling. Porches are not required on all Dwellings. If no porch is provided,
the entryway shall be covered with a minimum area of sixteen(16) square
foot and deep enough to provide shelter at the front door, as well as provide an
appropriate and adequate level of detail.
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F. Roofline: Primary Roof shall have a minimum 6/12 pitch. The Primary Roof
shall have at least a twelve inch(12") overhang after installation of siding or
an eight inch(8") overhang after installation of brick.
• G. Fences: Fences shall be permitted on individual Lots shall conform with the
Zoning Ordinance.
H. Architectural Diversity:
1. All Dwellings shall comply with the home mix guidelines in Exhibit C.
2. The Allay model of home illustrated in the top illustration on page 1 of
Exhibit D (i) shall not be constructed as a Model Home and (ii) shall not
be constructed on more than seven(7) Lots on the Real Estate. Any future
home model with a garage that is a minimum of nineteen(19) feet forward
of the primary home façade (not including a porch) shall be subject to this
provision.
I. Architectural Character Imagery: The applicable character illustrations,
indicating conceptually the intended architecture and appearance of Dwellings
are contained within Exhibit D.
J. Air Conditioning Units: Air conditioning units shall be placed within the
wider of the two side yard setbacks or to the rear of the Dwelling.
Section 4.8 Lot Lighting: All Dwellings shall have a light fixture on the garage-end of
the front elevation to provide lighting of the street. The light fixture shall match the style
of the light fixtures flanking the garage door and equipped with a photo cell so the light is
on from dusk to dawn.
Section 4.9 Street Lighting: Street lighting, when provided, shall (i) be confined to
intersections and be placed within street rights of way and (ii)meet all applicable City
standards and be reviewed by the City.
Section 4.10 Parking: Two (2) spaces per dwelling unit are required. Parking Spaces (i)
within driveways and(ii) within garages shall count toward this requirement.
Section 5. Open Space Requirements. Open Space shall be in the areas identified on
Exhibit B (Development Plan/Primary Plat).
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Section 5.1 The intent of Open Space is to allow for a balance between natural areas and
the built environment and to provide for the overall beautification of the Monon Lake
District.
Section 5.2 A minimum of fifty-five (55) percent of the District shall be allocated to
Open Space as conceptually illustrated on the Development Plan/Primary Plat.
Section 5.3 In the event any area that is shown on the Development Plan/Primary Plat as
Open Space is later obtained by the City, that area which is obtained shall be considered
to be Open Space for the purposes of meeting the minimum Open Space area
requirements noted in Section 5.2 above.
Section 5.4 Dedication to Carmel Clay Parks: Attached hereto as Exhibit `B" is a
rendering of the Monon Lake Development Plan / Primary Plat (the "Plat"). The Plat
identifies "Block 1 —Park Dedication Area" which, as shown on the Development Plan/
Primary Plat, is 1.5 +/- Acres ("Block 1"). With respect to Block 1, the Controlling
Developer agrees as follows:
A. The Controlling Developer agrees to dedicate Block 1, for use as a public
park, to Carmel Clay Parks and Recreation (the "Parks Department"),
provided that the Parks Department accepts such dedication; and,
B. The Controlling Developer agrees to construct on Block 1, a path and viewing
platform (the "Path"), provided that, in exchange for construction of the Path,
the Parks Department and City gives to the Controlling Developer park impact
fee credits equal to the cost to the Controlling Developer of the construction
of the Path.
Section 5.5 Tree Preservation Areas: Open Space shall include Tree Preservation Areas.
Tree Preservation Areas are delineated on Exhibit B (Development Plan/Primary Plat)
and shall be recorded with the Secondary Plat. Tree Preservation Areas shall be
regulated and maintained in accordance with the following and are subject to the rights of
all existing easements:
A. The following best management practices should be implemented:
1. Removal of invasive species (e.g. bush honeysuckle) where appropriate. (In
the event the removal of invasive species occurs and an application of a
herbicide treatment is necessary to prevent any invasive species from growing
back, the application of the herbicide treatment shall be performed under the
oversight of a professional.)
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2. Removal of an overabundance of combustible material (e.g. dead, fallen trees,
and leaves).
3. Removal of vines growing on and up a tree when tree growth is affected.
4. Completing all maintenance activities following industry standard according
to current American National Safety Institute (ANSI) Z-133.1 and A-300
approved practices and methods.
B. The following types of activities shall be permitted:
1. Planting of native trees, pursuant to the Indiana Native Tree List provided by
the City's Urban Forester.
2. Removal of hazardous, exotic and invasive vegetation, pursuant to the Indiana
Exotic and Invasive Plant List provided by the City's Urban Forester.
3. Removal of trees directed to be removed by municipal, county, state or federal
authority.
4. Installation of access easements, right-of-way, street, paths, trails, sidewalks,
utilities and drainage improvements, and minor pedestrian area improvements
(e.g. benches, trash receptacles, lake overlook areas). Community amenities
may be permitted upon review and approval by The City of Carmel
Department of Community Services. If appropriate and where feasible, said
improvement areas should be limited to perpendicular crossings across Tree
Preservation Areas and/or excluded from delineated Tree Preservation Areas.
C. The following types of activities shall not be permitted unless otherwise approved
by the City's Urban Forester:
1. Removal of living vegetation other than exotic and invasive vegetation and
hazardous trees except to accomplish items listed in Section 5.5.B.4 of this
Ordinance.
2. Mowing any portion of the existing, naturally vegetated Tree Preservation
Area, except for along trails, points of access or gathering points.
3. Dumping of leaves or debris from areas other than the Tree Preservation Area.
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4. Seeding; including grass seed, prairie mix seed, sod or the planting of any
type of vegetable garden unless otherwise approved by the City's Urban
Forester.
5. Activities that adversely impact the health, structure or integrity of a
designated tree preservation area, including but not limited to: active
recreational activities requiring the placement of playground equipment,
paving for basketball or tennis courts and swimming pools, etc.
D. The following requirements shall apply:
1. Tree preservation areas must be easily and permanently identifiable as a tree
preservation area through permanent signage posted every five hundred (500)
feet around the perimeter of all tree preservation areas. The design and
location of such signs shall be coordinated with the City's Urban Forester.
2. Barriers shall be used to protect tree preservation areas during site
development. Barriers shall be specified on landscape plans and shall be
placed beyond the preserved trees dripline, in accordance with the tree
preservation details provided by the City's Urban Forester. Such barriers shall
remain in place during the site's construction activity.
3. The City's Urban Forester shall be contacted for any disputed activity within
the tree preservation area. The City's Urban Forester shall provide resolution
to disputed activity, which may include (i) removal of trees that are host to an
aggressive, life threatening disease or pest that may pose a threat to the vitality
of the rest of the forest, (ii) mowing and bush-hogging and (iii) planting of
new or replacement trees.
Section 6. Landscaping Requirements.
Section 6.1. General Landscaping Standards. Landscaping shall be integrated with,
and complement other functional and ornamental site design elements, such as hardscape
materials,paths, sidewalks, fencing, or any water features.
A. All trees, shrubs and ground covers shall be planted according to Current
American Standard for Nursery Stock (ANSI Z60.1), and following the
standards and best management practices (BMPs) published by the City's
Urban Forestry Program. Landscaping materials shall be appropriate for local
growing and climatic conditions. Plant suitability, maintenance and
compatibility with site construction features are factors that shall be
addressed. The City's planting details shall be used.
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B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental
trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall
be 6 feet in height when planted and can be substituted for(in place of) shrubs
with 1 evergreen tree equal to 3 shrubs. Shrubs shall be at least 18 inches in
height when planted. Ornamental grasses that obtain a mature height of at
least 3 feet may be substituted (in place of) shrubs on a 1 to 1 (equivalent)
basis. The preservation of existing plant material is subject to the same size
and substitution requirements noted in this Section 6.1.B.
C. Existing vegetation may be used to achieve project landscaping requirements
if(i) the vegetation located on subject parcel is of suitable quality and health,
(ii)the vegetation is required to be preserved using accepted best management
practices (BMP's) for tree protection during construction and (iii) the
vegetation is identified on an approved landscape plan as used to achieve
project landscaping requirements. Replacement of existing plant material
included on an approved landscape plan used to achieve project landscaping
requirements that later dies shall be subject to the same replacement standard
as proposed landscape material.
D. All landscaping approved as part of a Development Plan/Primary Plat shall be
installed prior to issuance of the first Certificate of Occupancy for a Building
with an approved Development Plan/Primary Plat; provided, however, that
when because of weather conditions, it is not possible to install the approved
landscaping before the issuance of a Certificate of Occupancy, the property
owner shall request a temporary Certificate of Occupancy which shall be
conditioned upon a determined time to complete the installation of the
uninstalled landscape material.
E. All landscaping is subject to Development Plan/Primary Plat approval. No
landscaping which has been approved by the Plan Commission may later be
substantially altered, eliminated or sacrificed without first obtaining further
approval from the Plan Commission or a committee thereof. However, minor
alterations of up to ten (10) percent landscaping may be approved by the
Director or the Director's designee in order to conform to specific site
conditions.
F. It shall be the responsibility of the owner(s), with respect to any portion of the
Real Estate owned by such owner(s) and on which any landscaped area exists
per the requirements of this Monon Lake Ordinance, to insure proper
maintenance of landscaping in accordance with the Monon Lake Ordinance.
This maintenance is to include, but is not limited to (i)mowing,tree trimming,
planting, maintenance contracting, irrigation and mulching of planting areas,
(ii) replacing dead or diseased plantings with identical varieties or a suitable
substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and
weeds. Street trees shall be maintained by the Owners Association.
Section 6.2. Areas to be Landscaped.
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A. Perimeter Buffering. See Section 6.3 below.
B. Street Trees. See Section 6.4 below.
C. Foundation and Lot Plantings. See Section 6.5 below.
D. Storm Water Retention Ponds. See Section 6.6 below.
Section 6.3. Perimeter Buffering.
A. The minimum perimeter buffer width shall be: (i) fifteen (15) feet along the
west perimeter of the Real Estate north of 101st Street; (ii) seventy-five (75)
feet along the north perimeter of the Real Estate; (iii) thirty-five (35) feet
along the east perimeter of the Real Estate; and, (iv) no perimeter buffer is
required along the perimeter of the Real Estate other than as identified in this
Section 6.3.A.
B. Five (5) shade trees, three (3) ornamental trees, and fifteen (15) shrubs (per
100 linear feet) shall be provided within the perimeter buffer area. Shade trees
may substitute in lieu of required ornamental trees and/or evergreen trees on a
1:1 basis.
C. Required perimeter buffer plantings may be grouped to allow a more natural
planting scheme, where appropriate, and required buffer plantings may be
computed as an average across the total linear footage of frontage. However,
no tree shall be further than fifty (50) feet from any other tree.
D. No perimeter buffering internal to the Monon Lake District shall be required
between uses within the Monon Lake District.
Section 6.4 Street Trees.
A. Large growing shade trees shall be planted within public street right-of-way,
,
parallel to each street, in planting strips. Street trees shall be planted a
minimum of twenty-five (25) feet and a maximum of forty (40) feet on center
and are not required to be evenly spaced.
B. Per City standards, no street trees shall be planted in conflict with drainage or
utility easements or structures and underground detention (unless so designed
for that purpose), or within traffic vision safety clearances. However, where
the logical location of proposed utilities would compromise the desired effect,
the Controlling Developer may solicit the aid of the City's Urban Forester in
mediating an alternative.
C. Street tree species shall be selected from the City's published list of
recommended street trees.
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Section 6.5. Foundation and Lot Planting Standards. The following planting
requirements apply to all Single-family Dwellings:
A. All lots shall be required to plant two (2)trees in the front yard. If there is not
sufficient area for both trees to be placed in the front yard, then one of the
required trees may be planted in a side yard as approved by Urban Forester.
B. All lots shall have a minimum of seven (7) shrubs and /or ornamental grasses
along the foundation facing a street. Corner lots shall install seven (7) shrubs
per side facing,a street.
C. Any tree planted on a Lot shall be no closer than ten (10) feet from a building
foundation.
Section 6.6. Storm Water Retention Ponds. The primary landscaping materials used
adjacent to ponds shall be native aquatic shoreline species, trees, shrubs, ground covers,
and ornamental grasses appropriately sited for a natural rather than engineered
appearance utilizing primarily native plants.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
25.7 of the Zoning Ordinance as revised,subject to administrative ADLS Amendment approval.
Section 8. Additional Requirements and Standards.
Section 8.1. Premises Identification. Premises identification shall meet the
requirements of Article 25.14 of the Zoning Ordinance.
Section 8.2. Home Occupations. Home Occupations shall meet the requirements of
Article 25.18 of the Zoning Ordinance.
Section 8.3 Arrangement of Elements with the Public Right-of-Way: In the eleven (11)
feet between the back of the curb and the edge of the right-of-way on local streets internal
to the Project there shall be a six (6) foot wide planter area adjacent to the curb and a five
(5) foot wide sidewalk along the edge of the right-of-way.
Section 8.4 Pedestrian Connections to the Monon Greenway:
A. An asphalt path, a minimum of eight (8) feet in width, shall run between 101St
Street and the Monon Greenway, as shown in Exhibit B.
B. An asphalt path, a minimum of eight (8) feet in width, shall run between the
terminus of the street at the northeast corner of the Real Estate and the Monon
Greenway, as shown in Exhibit B.
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Section 8.5. Right-of-way widths.
A. The minimum right-of-way width for 101st Street and 96th Street shall be one
hundred and thirty(130) feet.
B. All other streets shall have a minimum right-of-way width of fifty-two (52)
feet.
Section 8.6. Site Access and Road Improvement Requirements.
A. The configuration of street access into the Real Estate shall be provided as
illustrated on the Development Plan/Primary Plat.
B. The Controlling Developer agrees to dedicate to the City, at the City's request,
real estate that is necessary to accommodate the future 96th Street right-of-way
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extension and such dedication shall fully satisfy all Thoroughfare Plan related
Y fY g
improvement requirements and contributions as identified in and required
under the Zoning Ordinance. In the event the real estate required for the 96th
Street right-of-way extension is owned by the Owner's Association, the
Owner's Association shall be required to make the dedication.
C. 101st Street shall be improved per the specifications shown on the attached
Exhibit F (101St Street Improvements).
Section 8.7. Declaration(s) of Covenants and Owners Association(s). Declarations of
Covenant(s), if any, may be prepared by the Controlling Developer in its discretion and
recorded with the Recorder of Hamilton County, Indiana. There may be multiple
Declaration(s) of Covenants applicable to different portions of the Real Estate, and
multiple corresponding Owners' Association(s). The Declaration(s) of Covenants may
establish an Architectural Review Board, which shall establish guidelines regarding the
design and appearance of all Buildings.
Section 9. Procedural Provisions.
Section 9.1. Approval or Denial of the Development Plan/Primary Plat. The
Development Plan/Primary Plat has been reviewed and approved by the Commission, and
constitutes the approved primary plat and, as such, the Developer shall not be required to
return the Commission for Primary Plat approval.
Section 9.2 Secondary Plat Approval. The Director shall have sole and exclusive
authority to approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay the
Director' s approval of a Secondary Plat that is in substantial conformance with the
Development Plan/Primary Plat and is in conformance with the Development
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Requirements of this Monon Lake Ordinance. If the Director disapproves any Secondary
Plat, the Director shall set forth in writing the basis for the disapproval and schedule the
request for hearing before the Commission.
Section 9.3. Changes Requiring Council Approval. Changes that shall require
amendment of this Monon Lake Ordinance through the standard rezone process include
the following:
A. Increases in density or intensity;
B. Changes in the proportion or allocation of land uses;
C. Changes in the list of approved uses;
D. Changes in the locations of uses; and/or
E. Changes in the functional uses of open space, where such change
constitutes an intensification of use of the open space.
Section 9.4. Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant a Zoning Waiver of any of the
dimensional standards of the Monon Lake Ordinance, by less than ten percent (10%) of
the specified standard. Any approval of such waiver is subject to the following criteria:
A. The proposal shall be in harmony with the purposes and land use requirements
contained in the Monon Lake Ordinance.
B. The proposal shall complement the overall development plan and the
adjoining streetscapes and neighborhoods.
C. The proposal shall not produce a site plan or street/circulation system that
would be impractical or detract from the appearance of the PUD District, and
must not adversely affect emergency access in the area.
Section 9.5. Variance of Development Requirements: The BZA may authorize
Variances from the terms of the Monon Lake Ordinance, subject to the procedure
prescribed in Chapter 30 of the Zoning Ordinance.
Section 10. Controlling Developer's Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or
approvals,whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by
way of example but not by limitation, none of the following may be obtained without the
approval and consent of the Controlling Developer:
A. Improvement location permits for any improvements within the Real Estate;
B. Sign permits for any Signs within the Real Estate;
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C. Building permits for any Buildings within the Real Estate;
D. DP, ADLS, Primary Plat or Secondary Plat approval for any part of the Real
Estate; and
E. Any text amendments, variances, modifications of development requirements
or other variations to the terms and conditions of this Monon Lake Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Monon
Village Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Section 12. Exhibits. All of the Exhibits (A-F) on the following pages are attached to this
Monon Lake Ordinance, are incorporated by reference into this Monon Lake Ordinance and are
part of this Monon Lake Ordinance.
The remainder of this page is left blank intentionally.
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Exhibit"A"
(Legal Description)
Parcel I: Deed Book 231,page 340
Part of the Southwest Quarter of Section 12, Township 17 North, Range 3 East, in Hamilton
County, Indiana, more particularly described as follows:
Beginning 697.57 feet North 00 degrees 00 minutes 00 seconds (assumed bearing) of the
Southeast corner of the Southwest Quarter of Section 12, Township 17 North, Range 3 East,
and on the East line thereof, said point being on an extension of the North right of way line
of Interstate Route #465; thence continuing North 00 degrees 00 minutes 00 seconds on and
along said East line 560.03 feet; thence North 89 degrees 13 minutes 20 seconds West
parallel with the South line of said Southwest Quarter, 840.8 feet (840.85 feet measured) to a
point which is 1829.45 feet South 89 degrees 13 minutes 20 seconds East of the West line of
said Southwest Quarter; thence South 00 degrees 11 minutes 20 seconds East, parallel with
the West line of said Southwest Quarter, 301.84 feet to the. North right of way line of
Interstate Route #465; thence South 69 degrees 07 minutes 20 seconds East on and along
said right of way line 328.44 feet; thence South 74 degrees 50 minutes 00 seconds East on
and along said right of way line 301.50 feet; thence South 73 degrees 03 minutes 35 seconds
East on and along said right of way line and the extension thereof 252.99 feet to the Place of
Beginning.
Parcel II: Deed Book 137,page 587
Part of the Southwest Quarter of Section 12, Township 17 North, Range 3 East, in Hamilton
County, State of Indiana, more particularly described as follows:
Beginning at the Northeast corner of said quarter section, said point being in the Centerline
of the Monon Railroad right-of-way, running thence South in and along the east line of said
quarter section 1418.2 feet; running thence West parallel to the South line of said quarter
section 840.8 feet to a point marked by an iron pin; thence North parallel to the East line of
said quarter section 1416 feet to a point in the North line thereof; running thence East in and
along said North line 845.5 feet to the place of beginning, containing in all 27.43 acres, more
or less, subject, however, to an easement 33 feet by parallel lines off the entire East side
thereof which is in the West half of said Monon Railroad right-of-way. The right of
easement for ingress and egress to and from said tract over and across the land adjoining on
the West is described as follows: Beginning at a point in the West line of said quarter
section, said point being a point in the center line of College Avenue distance 1448 North
from the Southwest corner of said Quarter section; running thence Easterly to a point in the
West line of the land herein described at a point distance 1457.5 feet North from the South
line of said quarter section; running thence North in and along said West line 20 feet,running
thence Westerly to a point in the center line of College Avenue distance North 20 feet from
the place of beginning, running thence South 20 feet to the place of beginning, which
easement shall remain open and unobstructed for said purpose.
Exhibit"A"—Page 1 of 1
Exhibit`B"
Plan/Prima Plat
(Development Primary )
Full size copies of the approved Development Plan/Primary Plat are on file with the Carmel
Department of Community Services under file docket number 13090013 Z(The identification of
house styles and their placement are for illustrative purposes only).
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Exhibit`B”Page 1 of 1
Exhibit"C"
(Home Mix Guidelines)
(1) No duplication of the same plan is permitted on sites next to each'other in either,direction or
directly across the street.
(2) No duplication of elevation is permitted within two sites on'the same side of.the street,or on
the three sites across the street
(3) No duplication of colors(brick,skiing,and front door in combination)On the two closest sites in
any direction or on the three Sites across the street.
Homemix guidelines are.established;to generally depict a normal ratio and frequency of individual
plans;elevations and color schemes:
Elevation' Elevation Elevation Elevation Elevation
1 2 3 4 5 6 7
Plan Plan Plan -
Color Color Color Color Color
street
Elevation Elevation Elevation
8 9 10 11 12 13 14.
Plan
Color Color Color
Exhibit"C"Page 1 of 1
Exhibit"D"
(Architectural Character Imagery)
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Exhibit"D"—Page 3 of 3
Exhibit"E"
(Landscape Plan)
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Full size copies of the approved Landscape Plan are on file with the Carmel Department of
Community Services under file docket number 13090013 Z
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Exhibit"E"—Page 1 of 1
Exhibit"F"
(101St Street Improvements)
Full size copies of the 101 t Street Improvement Plan are on file with the Carmel Department of
Community Services under file docket number 13100020 Z.
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Exhibit"F"–Page 1 of 1
ADOPTED by the Common Council of the City of Carmel, Indiana this /5 day of
''C ?tk. , 2014, by a vote of 4 ayes and 1 nays.
COMMON COUNCIL FOR THE CITY OF , ' ►Ai _
.
/lV;/1--- --'='---2':, -■watioffeY
Pr 'ding Officer , evin D. Rider
7W. Eric Sei nsticker, Presid°"'ro Tempore Carol Schleif J
Orp O se\
Ronald E. Carter Richard L. Sharp
Ai
0 inkam uc 5n∎.er
ATT'._,T:
c.,• . * /i
Diana L. Cordray, IAMC, ( 1: k-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this I day of
4-E'; ,L- 2014, at 1 : 42- P.M.
'A;(4`j) 1 en ^/' ^
Diana L. Cordray, IAMC, Cleral reasurer
\
A p roved b me> Mayor o1f 4 t,hae t Cit Y 1
of-/Zar=Mel. Indiana,this day
of
•
i,( (
James rainard, Mayor
ATTEST: '.
Diana L. Cordray, IAMC, Clerk-Tree rer
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON . &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 3105 East 98th Street, Suite 170, Indianapolis, IN 46280.
H:\Zoning&Real Estate Matters\MI Homes\Monon Lake\Ordinance\Monon Lake PUD-CC 072514.doc
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-590-14
Monon Lake PUD Rezone
with Primary Plat
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket
No. 13090013—PUD Rezone).
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Unfavorable."
At its regularly scheduled meeting of July 15, 2014, the Carmel Plan Commission voted
Zero (0) in Favor, Nine (9) Opposed, Two (2) Absent, to forward to the Common
Council the proposed Ordinance No. Z-590-14 with an "Unfavorable
Recommendation".
Please be advised that by virtue of the Plan Commission's Unfavorable
Recommendation, pursuant to IC 36-7-4-608(g), the Council has ninety (90) days to act
on this petition before it becomes effective as Certified by the Commission. Ninety days
from the date of the Certification is Wednesday October 15, 2014.
CARMEL PLAN COMMISSION I l
BY: S- L, e 1, Q 5- 'L o " U- SA /
Steven R. Stromquist, President `
ATTEST:
Ingo-� :F d 1 1 Tnrr Nu
Lisa Motz, Secretary }
Carmel Plan Commission
Dated: July 17, 2014
Monon Lake PUD - Zoning Comparison Chart
7/2/2014
S2 R1— R4- East Monon Lake PUD
North/West
Standard
Density Maximum 2.4 2.9 8.0 - 1.27 (43 Lots)
Max Height 35' 35' 35' 35'
Min Lot Area 12,000 SF 10,000 SF 4,000 SF 6,500 SF
Min Front Yard 35' 35' 30' 19'
Min Side Yard 10' 10' 5' 5'
Min Side Aggregate 25' 20' 15' 10'
Min Rear Yard 20' 20' 20' 15'
Min Lot Width 100' 100' 60' 60'
°
Max Lot Coverage 35°(0 35/0 35% 45%
Min Ground Floor Area Ranch: 1100 SF Ranch: 1100 SF Ranch: NA Ranch: 1,600 SF
2 Story: 800 SF 2 Story:900 SF 2 Story: NA 2 Story: 1,600 SF
Required Open Space 20% 20% 25% 55%
Sijill f nr t J t: 3• 3