Z-626-17 College & 116th PUDSponsors: Councilor Kimball
CARMEL, INDIANA
College & 11611
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-626-17
October 16, 2017
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance.............................................................................................. 3
Section 2. Definitions and Rules of Construction.......................................................................... 4
Section 3. Accessory Buildings and Uses....................................................................................... 5
Section 4. Development Standards.................................................................................................. 5
Section 5. Additional Requirements and Standards........................................................................ 9
Section 6. Procedural Provisions...............................................................................................10
Section 7. Violations and Enforcement.....................................................................................11
Section8. Exhibits.....................................................................................................................11
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery
Exhibit D Site Access and Street Plan
Exhibit E Pond Area Plan
Note: All of the above Exhibits (A-E) are attached to this College & 116th Ordinance, are
incorporated by reference into this College & 116th Ordinance and are part of this College &
116th Ordinance.
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Sponsors: Councilor Kimball
ORDINANCE Z-626-17
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE COLLEGE & 116'6
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the College & 116" Planned Unit Development District Ordinance (the
"College & 116th PUD'). The Ordinance would rezone the real estate from RI Residential to a
Planned Unit Development district allowing the future development of the subject Real Estate for
an attached single-family residential community.
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 under docket number 17040026 Z (the "College & 116th Ordinance"), which
establishes the College & 116th Planned Unit Development District (the "College & 116th
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 College & 11601 Ordinance, as an amendment to the Zone
Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this College &
116th 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 College & 116th Ordinance, and (iv) this College &
116th Ordinance shall be in full force and effect from and after its passage and signing.
Section I. 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 College & 116th District.
Section 1.2 Development in the College & 116th District shall be governed entirely by
(i) the provisions of this College & 116' Ordinance and its exhibits, and (ii) those
provisions of the Zoning Ordinance and Subdivision Control Ordinance specifically
referenced in this College & 116th Ordinance.
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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 College & 110h 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" 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 College & 116`h Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this College & l Wh Ordinance and not defined below in this Section 2.2,
shall be the same as set forth in the Zoning Ordinance.
"ADLS": The architecture, design, exterior lighting, landscaping and signage
associated with a Building.
"ADLS Approval": Approval by the Plan Commission of architecture, design,
lighting and landscaping and signage pursuant to Chapter 24 of the Zoning
Ordinance and the Development Requirements.
Architectural Character Imagery: These comprise the elevations and perspectives
attached hereto as Exhibit C (Architectural Character Imagery), and are intended
to illustrate an application of the Development Requirements. The Architectural
Character Imagery shall be the basis for the development of the final building
designs that may be built provided all applicable Development Requirements are
met, including ADLS Approval.
BZA: The Carmel Board of Zoning Appeals.
Com: The City of Carmel, Indiana.
Concept Plan: The general plan for the development of the Real Estate, including
but not limited to building, parking and landscaping areas attached hereto as
Exhibit B (Concept Plan).
Declaration(s) of Covenants ("CCR'S"): 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.
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"Development Plan" or "DP": A specific plan for the development of the Real
Estate, or any portion thereof, which is submitted for approval, showing proposed
locations of facilities, Buildings, and Structures.
"Development Plan Approval" or "DP Approval": A Development Plan
Approved by the Plan Commission pursuant to Chapter 24 of the Zoning
Ordinance.
Development Requirements: Written development standards and any written
requirements specified in this College & 116a' Ordinance, which must be satisfied
in connection with the approval of a Development Plan and Building Permits.
Legal Description: The description of the Real Estate included under and
depicted in Exhibit A.
Plan Commission: The City's Plan Commission.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
Zoning Ordinance (or "ZO" ): The Zoning Ordinance, Ordinance Z-289, of the
City of Carmel, Hamilton County, Indiana, as amended.
Section 3. Accessory Buildings and Uses.
Section 3.1 Accessory Structures. All Accessory Structures shall be subject to the
provisions of Section 4.2 below.
Section 3.2 Accesso ,yry Uses. All Accessory Uses permitted under the R-1 Residential
District of the Zoning Ordinance shall be permitted in the College & 116th District.
Section 4. Development Standards.
Section 4.1 Permitted Uses:
A. Attached Dwellings (side by side, for sale fee -simple dwellings, on
individually deeded lots). The maximum number of Dwellings shall not
exceed fifty-nine (59).
B. Single Family Dwelling (Existing).
Section 4.2 Bulk Requirements:
A. Minimum Tract Size Required for Development Plan: Three and eight -
tenths (3.8) Acres (less any right-of-way dedication).
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B. Maximum Building Height: Thirty-eight (38) feet.
C. Minimum Front Yard Setback (116th Street and College Avenue): Three
(3) feet.
D. Minimum Side and Rear Yard Setback: Thirty-five (35) feet.
E. Maximum Lot Coverage: Seventy-five (75) percent.
Section 4.3 Building Architecture:
A. Architectural Design: The applicable Architectural Character Imagery,
indicating the architecture and appearance of Buildings are contained
within Exhibit C (Architectural Character Imagery). All Structures on the
Real Estate shall be developed in substantial compliance with the
Architectural Character Imagery subject to ADLS Approval by the
Plan Commission.
B. Building Width:
i. Individual residential units shall be a minimum of twenty (20) feet
wide.
ii. A maximum of seven (7) units may be joined together to form a
single building.
iii. The Minimum Dwelling Living Area shall be thirteen hundred
(1,300) Square Feet.
C. Building Height. Buildings shall be maximum three (3) stories tall or
thirty-eight feet, whichever is less.
D. Building Orientation.
i. The front door of residential units shall face a street or internal
drive (as shown on the Concept Plan) and the front wall of the
building must generally be parallel with a street or internal drive.
The front door shall have a stoop raised minimum twelve (12)
inches above grade. A concrete or paver walkway from stoop to
front sidewalk is required.
ii. Buildings adjacent to a site amenity such as a pond, courtyard or
greenspace shall have the option to face such amenity instead of a
street or internal drive.
iii. Buildings # 1, 2, and 3 as shown on the Concept Plan shall have a
stoop which is 24" above grade.
E. Design Intention.
i. The design intention of the development is to create durable and
high quality housing.
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ii. Individual units within a larger building shall be distinguishable
from the adjacent units but also share similar materials, patterns,
and colors so that the entire building is harmonious in appearance.
F. Materials.
i.
Acceptable exterior siding materials shall include brick, cast stone,
smooth fiber cement panels, smooth fiber cement lap siding, and
smooth fiber cement trim.
ii.
Brick and/or stone shall be the exterior siding material on (i) 100%
of the first floor of the dwelling and (ii) no less than 50% of the
overall dwelling.
iii.
Windows shall be vinyl in manufacturer's standard color. No
applied grids are allowed. Windows do not need to be framed in
trim or masonry surrounds.
iv.
Visible roofs shall be asphalt shingle roofing. Low slope roofs that
are not visible can be TPO or EPDM rubber roofing. Porch roofs
can be asphalt shingles or prefinished standing seam metal roofing.
V.
Porches on fronts of buildings shall be masonry or concrete.
Balconies on fronts of buildings shall be metal. Balconies on rears
and sides of buildings shall be metal, wood, or fiber cement. All
handrails at exterior steps shall be metal.
Vi.
Exterior doors, including overhead doors, shall be fiberglass, vinyl,
or painted metal in either smooth or paintbrush texture finish.
Vii.
Rainwater management shall be in prefinished metal scuppers and
gutters with prefinished metal downspouts.
Section 4.4 Landscaping Requirements: Landscaping shall comply with the Landscape
Plan, General Provisions, Plant Material, and Installation and Maintenance standards of
Chapter 33 of the Zoning Ordinance, except as otherwise modified below.
A. ZO Section 33.05.A Perimeter Bufferyard:
i. No Bufferyard is required along the north and east perimeter of the
Real Estate (116th Street and College Avenue).
ii. The Bufferyard along the south perimeter of the Real Estate shall
be a minimum of twenty (20) feet.
iii. The Bufferyard along the west perimeter of the Real Estate shall be
a minimum of fifteen (15) feet.
iv. A Type B Bufferyard plantings shall apply to the south and west
perimeter of the Real Estate (5 shade or evergreen trees, 2
ornamental trees, and 20 shrubs per 100 linear feet).
V. Fences: Two wood shadow box style fences with a height of eight
(8) feet shall be installed along the western perimeter of the Real
Estate; one each to the west of each building as shown on the
Concept Plan.
B. ZO Section 33.05.0 Street Trees: Street Trees shall only be required along
116th Street and College Avenue.
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C. ZO Section 33.05.D Foundation Plantings: A minimum four (4) foot wide
planting area shall be provided adjacent to no less than fifty (50) percent of
the perimeter of each building exclusive of porches and stoops.
D. Storm Water Retention Pond:
i. 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.
ii. The pond area shall include, at a minimum, the lighting, landscaping
and seating areas as shown on the Pond Area Plan shown on Exhibit
«E„
E. Existing Utility Conflicts. When conflicts arise between required plantings
and any utility lines or easements, the utility restrictions shall be followed, and
required plantings will be installed at the nearest available location.
F. Common Area: A labeled common area plan shall be required illustrating the
common areas in acres.
i. A minimum of twenty-five (25) percent of the site shall be required
common area and/or landscape area.
ii. A minimum of five (5) additional shade trees shall be required in the
southwest corner of the Real Estate within forty (40) feet of the south
property line.
iii. Landscaping of the common areas shall include trees and shrubs
subject to the approval of the Urban Forester.
Section 4.5 Parking:
A. Parking shall meet the dimensional requirements of Section 27.05 of the
Zoning Ordinance.
B. The minimum drive aisle width shall be twenty (20) feet.
C. All dwellings shall have a two -car attached garage.
D. Seven - tenths (0.7) spaces per dwelling unit shall be required on a
Development Plan (excluding private garages). Parking Spaces (i) within
driveways (tandem spaces in front of garages) and (ii) additional guest
parking spaces shall count toward this requirement.
E. A minimum of nineteen (19) Short Term Bicycle Parking spaces shall be
required.
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F. Long Term Bicycle Parking shall be provided within each required
attached garage with a minimum of one (1) rack per garage.
Section 4.6 Site Lighting: All site lighting within the Real Estate shall comply with the
following standards.
A. All site lighting is subject to ADLS approval.
B. All site lighting shall be coordinated throughout the Real Estate and be of
uniform design and materials with a maximum height of fifteen (15) feet.
C. Illumination levels shall not exceed 0.1 foot candles at all other property
lines.
D. Exterior lighting shall be architecturally integrated with the Building style,
material and color.
E. All exterior ground -mounted architectural, display and decorative lighting
shall be generated from concealed, low level fixtures.
F. Light fixtures in parking areas shall not exceed fifteen (15) feet.
G. Pole mounted lighting fixtures shall have 90 -degree cut off and/or flat
lenses.
H. Ground mounted lighting fixtures are permitted within areas designated
for perimeter buffering except that lighting fixtures shall not be permitted
within tree preservation areas.
Section 4.7 Signage: Applicable signage requirements are contained in Chapter 25.7 of
the Zoning Ordinance except as modified below.
A. One (1) Residential Complex sign shall be permitted at (i) the vehicular
entrance on I I6a' Street and (ii) the vehicular entrance on College Avenue.
Section 5. Additional Requirements and Standards.
Section 5.1. Premises Identification. Premises identification shall meet the
requirements of the Zoning Ordinance as amended.
Section 5.2. Vehicular and Pedestrian Access.
A. The number and configuration of vehicular access drives into the Real
Estate shall be provided as illustrated on the Concept Plan.
B. Pedestrian connectivity shall be required internal to the site and between
the Principal Buildings and adjacent street rights-of-way.
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C. All sidewalks shall be a minimum of five (5) feet in width.
D. A 10' path shall be required along the 116th Street right-of-way.
E. The main street thru the site shall be Public as generally illustrated on
Exhibit "D" (Site Access and Street Plan).
F. The minimum street width and configuration shall be as generally
illustrated on the Concept Plan.
Section 5.3. Additional Restrictions regulated under CCR's.
A. No grills shall be located on a front porch or stoop.
B. No garage required under Section 4.5.0 shall be converted into living
space.
Section 6. Procedural Provisions.
Section 6.1. Development Plans and ADLS.
A. Development Plan ("DP") and/or architectural design, exterior lighting,
landscaping and signage ("ADLS") approval by the Plan Commission, as
prescribed in Chapter 24 of the Zoning Ordinance, shall be required prior to
the issuance of a Improvement Location Permit to determine if the DP and
ADLS satisfy the Development Requirements specified within this College &
116th Ordinance.
B. The Real Estate shall be developed in substantial compliance with the
Concept Plan hereby incorporated and attached as Exhibit "B" subject to
Development Plan Approval by the Plan Commission. Substantial
compliance shall be regulated in the same manner as the "substantially or
materially altered" provisions of Chapter 24.99.A.7.d of the Zoning
Ordinance as it applies to Development Plans.
C. All Structures on the Real Estate shall be in substantial compliance with the
Architectural Character Imagery hereby incorporated and attached as
Exhibit "C" subject to ADLS Approval by the Plan Commission.
Substantial compliance shall be regulated in the same manner as the
"substantially or materially altered" provisions of Chapter 24.99.B.5.d of
the Zoning Ordinance as it applies to Architectural Design.
D. If there is a Substantial Alteration in any approved DP or ADLS, review and
approval of the amended plans shall be made by the Plan Commission, or a
Committee thereof, pursuant to the Plan Commission's rules of procedure.
Minor Alterations may be approved by the Director.
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E. The denial by the Director of any request for approval or application may be
appealed to the Plan Commission and the denial by the Plan Commission of
any request for approval or application may be appealed to the City Council.
Section 6.2. Primary Plat. A Development Plan approved by the Plan Commission
shall be, upon approval, the Primary Plat of the Real Estate.
Section 6.3. 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
Requirements of this Albany Place 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 6.4 Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to
the requirements of the Zoning Ordinance. A wavier of the provisions of this College &
1160' Ordinance may be granted up to a maximum of ten (10) percent of the specified
standard.
Section 6.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the College & 116th Ordinance, subject to the procedures
prescribed in the Zoning Ordinance.
Section I Violations and Enforcement. All violations and enforcement of this College &
116th Ordinance shall be subject to Chapter 34 (Zoning Violations) of the Zoning Ordinance.
Section 8. Exhibits. All of the Exhibits (A-E) on the following pages are attached to this
College & 116`h Ordinance, are incorporated by reference into this College & 116th Ordinance
and are part of this College & 116th Ordinance.
The remainder of this page is left blank intentionally.
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Exhibit "A"
(Legal Description - Page 1 of 2)
Part of the Northeast Quarter of Section 12, Township 17 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
COMMENCING at the Northeast Corner of said Northeast Quarter; thence South 89 degrees 08
minutes 09 seconds West along the north line of said Quarter Section a distance of 521.50 feet to
the northwest corner of a tract of land described in Instrument #95-39032; thence South 00
degrees 23 minutes 40 seconds West a distance of 60.01 feet to the POINT OF BEGINNING,
said point being on the south line of said tract being the south Right -of -Way line of 116th Street;
thence North 89 degrees 08 minutes 09 seconds East along said Right -of -Way a distance of
51.32 feet to the west line of a tract of land described in Instrument #85-12805; thence South 00
degrees 51 minutes 51 seconds East along said west line a distance of 7.00 feet to the southwest
corner of said tract; thence North 89 degrees 08 minutes 09 seconds East along the south line of
said tract a distance of 43.50 feet to the southeast corner of said tract; thence North 00 degrees 51
minutes 51 seconds West along the east line of said tract a distance of 7.00 feet to said south
Right -of -Way line; thence North 89 degrees 08 minutes 09 seconds East along said Right -of -
Way line a distance of 366.67 feet to the west Right -of -Way of College Avenue; thence South 00
degrees 22 minutes 54 seconds West along said Right -of -Way a distance of 364.04 feet; thence
South 89 degrees 08 minutes 09 seconds West parallel with the aforesaid north line of said
Quarter Section a distance of 278.90 feet; thence South 32 degrees 58 minutes 53 seconds West a
distance of 44.84 feet; thence South 89 degrees 08 minutes 09 seconds West parallel with said
north line a distance of 158.42 feet; thence North 00 degrees 22 minutes 54 seconds East parallel
with the east line of said Quarter Section a distance of 401.29 feet to the POINT OF
BEGINNING, containing 3.995 acres, more or less.
Exhibit "A" — Page 1 of 2
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Exhibit `B"
(Concept Plan)
Larger copies of the Concept Plan are on file with the Department of Community Services. Above is
a reduced color version.
Exhibit 'B" — Page 1 of 2
Exhibit `B"
(Concept Plan)
Larger copies of the Concept Plan are on file with the Department of Community Services. Above is
a reduced color version.
Exhibit "B" — Page 2 of 2
Exhibit "C"
(Architectural Character Imagery)
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WO Emma
euiLoinG i
Op -
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit "C" — Page I of 3
Exhibit "C"
(Architectural Character Imagery)
rfT_
Till
BUILDinG 3
BUILDinG 4
IBUILotnG 9 SIMILRRI
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit "C" — Page 2 of 5
Exhibit "C"
(Architectural Character Imagery)
BUILOInG 7
(BUILo1nG s SIMILRR)
BUILDInG B
(BUILotnG 6 SIMILRR)
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit "C" — Page 3 of 5
Exhibit "C"
(Architectural Character Imagery)
I
on
P-
BUILOinG io
BUILoinG 7 PERSPECTIVE
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit "C" — Page 4 of 5
Exhibit "C"
(Architectural Character Imagery)
inTERIOR BUILDinG RERR ELEVRTIon
PERIMETER BUILDIIIG RERR ELEVRTIon
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit "C" — Page 5 of 5
Exhibit "D"
(Site Access and Street Plan)
_� r -_ —� I 1 ( ( Right -{-Way Fxhibit
I I6[h and College Avenue
*Cross hatched area illustrates Public Street Right-of-way.
Exhibit "D" — Page 1 of 1
Exhibit "E"
(Pond Area Plan)
Larger copies of the Pond Area Exhibit are on file with the Department of Community Services.
Above is a reduced version.
Exhibit "E" — Page 1 of 1
�l
ADOPTED by the Common Council of the City of Carmel, Indiana this day of
hPjj!M, 2017, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Pr idi g Offic r
Laura D. Campbell
RopardE. Carter
f�Pr�esente by me to the Mayor of the Ci f
LY 2017, at %:
this day of
ine S. Pauley, Irl -Treasurer
Approvej by me, Mayor of the City of Carmel, Indiana, this � day of
2017, at 3`-3 E.M. i
/ es Brainard, Mayor
A TTFfi /%
S. Pauley, Clerk -Treasurer
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032.
College R 116th PUD - draft 10 100217