Z-420-03 Monon Patio Homes PUDSponsor: Councilor Wayne Wilson
Ordinance No. Z-420-03.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA ESTABLISHING THE
MONON PATIO HOMES
PLANNED UNIT DEVELOPMENT DISTRICT
Rezoning of 6.369 acres located on the southeast corner of the intersection of
116th Street and the Monon Trail
from the R-I/Residence District Classification
to the
PUD/Planned Unit Development District Classification
WHEREAS, Section 31.6.4 of the Carmel / Clay Zoning Ordinance Z-289 (the
"Carmel / Clay Zoning Ordinance") provides for the establishment ora PUD/Planned Unit
Development District in accordance with the requirements ofI.C. § 36-7-4-1500 et seq.;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, pursuant to I.C. § 36-7-4-1500 et seq., as an amendment to the Carmel / Clay
Zoning Ordinance, as follows:
Section 1. ApplicabiliW of Ordinance:
The Official Zoning Map of the City of Carmel and Clay Township, as part of the Carmel
/ Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit
"A" (the "Real Estate") as a PUD/Planned Unit Development District.
II.
Development in the PUD/Planned Unit Development District shall be governed by the
provisions of this Ordinance, with the exception that provisions of the Carmel / Clay
Zoning Ordinance specifically referenced within this Ordinance and in effect on October
21, 2003, shall also apply.
III.
Any term not defined herein shall have the meaning as set forth in the Carmel / Clay
Zoning Ordinance in effect on October 21, 2003.
Section 2. Monon Patio Homes Planned Unit Development.
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II.
Monon Patio Homes
Planned Unit Development
116th Street & The Monon Trail
Carmel, Indiana
Introduction / Overview
The Monon Patio Homes Planned Unit Development District (the "Monon PUD")
represents a development of approximately 6.369 acres of land located in the southeast
quadrant of the intersection of 116th Street and the Monon Trail, in Carmel, Indiana. The
property included in and subject to the Morion PUD is described in the attached Exhibit
A, Legal Description ("Subject Site"). The development consists of twenty-one (21)
residential units contained within eleven (11) buildings. Ten ofthe buildings will be two-
family dwellings (duplexes), comprising a total of twenty new residential patio home
units. The eleventh building and remaining unit is an existing residence on the subject
site which will remain, but will not be required to meet the Monon PUD Development
Standards. It is intended that all of the residential units will be owner-occupied. The site
has been designed with a single point of access from 116th Street and provides for on-site
retention.
This document shall serve as PUD District Ordinance for the Monon PUD as required by
Chapter 31.6.4 of the Carmel / Clay Zoning Ordinance. The Monon PUD will be
developed in a single phase and the residential patio home units will be part ora
horizontal property regime under Indiana Law.
Administration.
A. Development Requirements.
The information contained in the following listed sections express the
development requirements of the Monon PUD and are expressed in "detailed
terms" as specified by IC 36-7-4-1500, et. seq., and Section 31.6.1 et. seq., of the
Carmel / Clay Zoning Ordinance:
1. Section III - Permitted Uses and Development Standards;
2. Section IV - Landscaping;
3. Section V - Traffic / Roadway Improvements
4. Section VI - Definitions
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Interpretation of Permitted Uses.
It is recognized that this the list of permitted uses specified within the Monon
PUD is a representative listing of use and is not all inclusive of appropriate uses.
Therefore, this Monon PUD may require interpretation to assign appropriate uses
to the Monon PUD. Any use which is not specifically set forth in this Monon
PUD, but which is comparable in terms of traffic generation and operational
characteristics to other uses specified within the Monon PUD shall be reviewed
by the Director for consistency with the intent set forth in the Monon PUD and for
compatibility with uses permitted within the Monon PUD. Based upon this
review, the Director shall determine if the proposed use is a permitted use within
the Monon PUD. In case of disagreement with the determination of the Director
in assigning a use to the Monon PUD, any aggrieved party may file an appeal
with the Board of Zoning Appeals. If it is: (i) determined by the Director that a
particular use is not permitted in the Monon PUD and no appeal of the Director's
decision is filed with the Board of Zoning Appeals; or, (ii) determined upon
appeal that a particular use is not permitted in the Monon PUD, then such use
shall require a variance of use or a rezoning petition in which such use is
specifically included and described in order to be permitted within the Monon
PUD.
Improvement Location Permits.
Prior to the issuance of an improvement location permit for any building or
structure (including signs) which requires an improvement location permit under
the terms of Section 29.4.2 of the Carmel / Clay Zoning Ordinance, the applicant
shall file a site plan that meets the requirements of the Monon PUD.
Modification of Development Requirements.
Upon the written request of any owner of real estate subject to the Monon PUD,
the Carmel / Clay Plan Commission may designate a committee of the
Commission to review and modify any of the development requirements
contained herein (other than permitted uses) after a public hearing held in
accordance with the Commission's Rules of Procedure. Any determination of a
committee to approve or deny any requested modification may be appealed by the
Director or any interested party to the Commission, in accordance with the
Commission's Rules of Procedure.
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IlL Permitted Uses and Development Standards
The permitted uses and development standards applicable to this Monon PUD shall be
those permitted uses and development standards specified herein. In case of conflict
between specific provisions of this Morion PUD and any overlay district of the Carmel /
Clay Zoning Ordinance, the provisions of this Monon PUD shall control.
A. Permitted Uses within the Monon PUD shall consist of the following:
1. Single-family Dwelling.
2. Two-family Dwelling; provided that:
No person, group of persons or entity, other than the initial
developer, shall own more than one (1) dwelling unit and each
dwelling unit shall be designed for and used as a permanent
residence; and,
The initial developer of the twenty (20) unit residential
development as contemplated by the Monon Patio Homes Planned
Unit Development Ordinance shall not rent or lease any such units.
3. Home Occupations.
Accessory Uses and Stmctures. Accessory uses and structures which are
subordinate, appropriate and incidental to the above-permitted uses shall
be permitted and utilities.
Monon PUD Development Standards shall consist of the following, but shall only
apply to the two-family dwellings to be constructed pursuant to the approval of
the Monon PUD and not to the existing single-family dwelling on the subject
property:
Elevations and Exterior Building Materials: The two-family dwelling's
elevations and exterior building materials shall be as set forth in the
Monon Patio Homes drawings prepared by Hearthview Residential and
dated October 8, 2003, and the Layout Plan prepared by TLF Consulting
Engineers with a latest revision date of September 5, 2003, which have
been filed with the City of Carmel - Department of Community Services,
copies of which are attached hereto as Exhibit B (collectively, the
"Plans").
Maximum Building Height: A maximum of two (2) stories not to exceed
thirty-one feet six inches (31'- 6").
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Minimum Front Yard:
a. Thirty-five feet (35'- 0") from the proposed right-of-way.
b. Use of Minimum Front Yard: Said minimum front yards shall be
landscaped in compliance with Section IV., below, provided,
however, such minimum front yard may include: interior access
drives and detention areas as depicted on the Plans.
Minimum Side Yards:
a. Twenty feet (20' - 0").
b. Use of Minimum Side Yard: Said minimum side yards shall be
landscaped in compliance with Section IV., below, provided,
however, such minimum side yards may include: entries, porches,
sidewalks, decks, courtyards and patios as depicted on the Plans.
Minimum Rear Yard:
a. Thirty feet (30' - 0").
b. Use of Minimum Rear Yard: Said minimum rear yards shall be
landscaped in compliance with Section IV., below, provided,
however, such minimum rear yards may include: entries, porches,
sidewalks, decks, courtyards and patios as depicted on the Plans.
Parking: Each patio home unit shall be constructed with the following:
a. An attached two-car garage.
b. A driveway, with a minimum length of twenty feet (20' - 0") and a
minimum width of sixteen feet (16' - 0").
Landscaping: See Section IV., below.
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IV.
Lighting: Lighting within the Monon PUD shall comply with the
following regulations:
Site lighting shall consist of dusk-to-dawn coach lamps mounted
on each side of the garage of each individual patio home.
The dusk-to-dawn coach lamps utilized for site lighting shall be
manufactured or shielded in a manner to prevent up lighting.
Light levels shall not exceed one-tenth (0.1) maintained foot-
candle at all property lines of the Monon PUD.
Signs: Signs for the Monon PUD shall be in compliance with Section 25.7
of the Carmel / Clay Zoning Ordinance. Permanent signage for the overall
Monon PUD shall be in compliance with Section 25.7.02-1 of the Carmel /
Clay Zoning Ordinance.
Landscaping
Landscaping within the Monon PUD shall comply with the following requirements.
A. Depth of Planting Strips: Planting strips shall be provided as specified in this
Section. Such planting strip requirements shall not be cumulative in nature.
Wherever more than one (1) planting strip is applicable: the planting strip that
requires the greater depth of yard shall apply as to the depth of planting strip;
and, the planting strip that requires the greater base planting unit shall apply as to
the base planting unit.
1. Front Yard Planting Strip Contiguous to 116th Street: Minimum width
shall be fifteen feet (15' - 0") (co-existent with the required front yard),
shall be provided.
2. Side Yard Planting Strip: Minimum width ten feet (10' - 0").
3. Rear Yard Planting Strip: Minimum width twenty feet (20' - 0").
Improvements in Planting Strips: The planting strip shall be unoccupied except
for plant material, berms, driveway and pathway crossings, signs, and other
similar structures.
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Base Planting Unit for Planting Strips: The base planting unit for planting strips
shall be as follows:
1. Front, Rear and East Side Yard Planting Strips: as depicted in the t 16th at
the Monon Landscape Plan prepared by Hemp Design and last revised on
October 6, 2003, which has been filed with the City of Carmel -
Department of Community Services, a copy of which is attached hereto as
Exhibit C.
West Side Yard Along the Morion Trail and the Yards abutting the
Overman Property (1207 E. 116th Street) Planting Strips: Hearthview
Residential, or its designee will maintain natural vegetation as an, on
average twelve foot (12') barrier. In general, there will be a continuous
barrier of trees, brambles, undergrowth, raspberry-type shrubs and/or other
similar thick vegetation rurming the entire length of the planting strip. In
areas where no such vegetation exists, Hearthview Residential will consult
with the City of Carmel and plant appropriate vegetation.
Installation and Maintenance: All planting strips and planting areas shall comply
with the following requirements:
Minimum Size at Time of Planting: All plant material shall meet the
American Standards for Nursery Stock (ANSI Z 60.1-1996).
Shade Trees: 2 ½ inch caliper, a minimum height often (10) to
twelve (12) feet, and a branching height of not less than 1/2 nor
more than 2/3 of tree height.
Ornamental trees: 1 ½ inch caliper, a minimum height of five (5)
feet, and a branching height of not less than 1/2 nor more than 2/3
of tree height.
c. Evergreen trees: A minimum height of eight (8) feet
Deciduous shrubs: A minimum height of twenty-four (24) inches
and no less than six (6) main branches upon planting.
Evergreen shrubs: A minimum height and spread of twenty-four
(24) inches.
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Minimum Dimensions: The minimum dimension, in any direction of a
planting area or planting median shall be based upon the plant selection, as
follows:
a. Shade Trees: 9 feet wide
b. Ornamental Trees: 7 feet wide
c. Shrubs (only): 5 feet wide
Plant Species Selection: Landscaping materials selected shall be
appropriate to local growing and climate conditions and shall be subject to
the approval of the Department of Community Services Urban Forester.
Installation: All required landscaping shall be installed prior to the
issuance of a final Certificate of Occupancy by the Department of
Community Services. If it is not possible to install the required
landscaping because of weather conditions, the property owner shall post a
bond for an amount equal to the total cost of the required landscaping not
yet installed, prior to the issuance of the Final Certificate of Occupancy.
Maintenance: It shall be the responsibility of the owners and their agents
to insure maintenance of project landscaping approved in accordance with
these requirements. Project landscaping includes, but is not limited to,
irrigation and mulching of planting areas, replacing dead, diseased, or
overgrown plantings with identical varieties or a suitable substitute, and
keeping the area free of refuse, debris, rank vegetation and weeds.
Changes After Approval: Minor alterations in landscaping may be
approved by the Director in order to conform to specific site conditions.
Inspection: The Director shall have the authority to visit the Monon PUD
to inspect the landscaping and check it against requirements of the Monon
PUD.
Traffic / Roadway Improvements.
116th Street Access: The Monon PUD will be provided a single access point onto
116th Street as reflected on the Plans.
Internal Street and Interior Access Driveways: All internal street and interior
access driveways will remain private streets and will not be dedicated to the City
of Camael.
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Definitions.
A. General Rules of Construction: The following general rules of construction and
definitions shall apply to the regulations of this Monon PUD:
1. The singular number includes the plural and the plural the singular, unless
the context clearly indicates otherwise.
2. Words used in the present tense include the past and future tenses, and the
future the present.
3. The word "shall" is a mandatory requirement.
4. The word "may" is a permissive requirement.
5. The word "should" is a preferred requirement.
B. Definitions:
1. Accessory Structure: A structure subordinate to the building or use
located on the real estate and which is not used for permanent human
occupancy.
2. Accessory Use: A use which is subordinate to the main use, located on
_the real estate or in the same building as the main use, and incidental to the
main use.
3. Commission: The Cam~el / Clay Township Plan Commission, which is
the advisory plan commission established pursuant to IC 36-7-4, et. seq.,
for the City of Carmel and Clay Township, in Hamilton County, Indiana.
4. Director: The Director of the Department of Community Services for the
City of Carmel, Indiana or the Director's authorized representatives.
5. Foot Candle: A unit of illumination. One (1) foot candle is equivalent to
the illumination at all points which are one (1) foot distant from a uniform
source of one (I) candle power.
6. Story: That part of a building, with an open height of no less than
seventy-eight inches (78"), except a mezzanine, included between the
upper surface of one floor and the lower surface of the next floor, or if
there is no floor above, then the ceiling next above. A basement or any
floor located entirely or partially below grade level shall not constitute a
story.
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Exhibit A
Monon Patio Homes PUD
Legal Description
Beginning at the Northwest comer of the Northeast Quarter of Section 1, Township 17 North,
Range 3 East, in Hamilton County, Indiana, thence East on and along the North line of the
Northeast Quarter Section, a distance of 33 feet to the East right-of-way line of the Monon
Railroad as it is now located and is the point of beginning;
Thence continuing Eastward on and along said North line a distance of 330 feet to a point;
thence South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to
a point, said point being 6 ½ feet North of the fence comer as it is now located; thence West and
parallel with the North line of said Quarter Section a distance of 37.125 feet to a point, said point
being a distance of 6 V2 feet North ora fence comer as it is now located; thence South and
parallel to the West line of said Quarter Section a distance of 330 feet to a point, said point being
marked by a fence post; thence West and parallel to the North line of said Quarter Section a
distance of 292.87 feet; thence North 990.10 feet to a point, said point being the point of
beginning, all of said land is located in the Northeast Quarter of Section 1, Township 17 North,
Range 3 East in Clay Town, ship of Hamilton County, Indiana.
Except
Part of the Northeast Quarter (NE ¼) of Section 1, Township 17 North, Range 3 East, being
more particularly described as follows:
Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of
the Northwest comer thereof (the same being the East right-of-way line of the Monon Railroad);
thence East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to
a point in said East right-of-way line of the Monon Railroad; thence North in and along said East
fight-of-way line of the Morion Railroad 234 feet to the place of beginning.
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Section 3. Violations of Ordinance: All violations of this Ordinance shall be subject to
Section 34.0 of the Carmel Clay Zoning Ordinance.
-.~ PASSED by the Common Council of the City of Cannel, Indiana, this [ ~7 ¢/~ay of
?'%/~;-/(~.r',c/~r~ 2003, byavoteof. ~ ayesand / nays.
COMMON C?UNCIL FOR THE CITY OF ~ARM~
P~i~ingOfficer ' ' IC~'~J~K' 'Y /
'_ ) / //' ,/
~!l~Sfder, President Pr~empore John R. Kov fi
· Carter
, N. I~,. Rundle ., k~
Wayne Wilson
ATTEST:
Diana ,
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Ordinance No. Z-420-03 Presented by me to the Mayor of the City of Carmel, Indiana
this~?~ay of/x~,, 2003, at//:20/9
Diana L. Cordray,~I)~M~C, Clerk/Treasurer
Ordinance No. Z-420-03 Approved by me, Mayor of the City of Carmel, Indiana, this
day of/~tgbgn/~vJ~ 2003, at ~_~].M.
J~(q~es Brainard, Mayor
ATTEST:
Diana L. Cordray,~AM~, Cler~Treasurer ~ 'Q_~
Prepared by:
Joseph M. Scimia
Hearthview Residential LLC, Attorney
Baker & Daniels
600 E. 96th Street, Suite 600
Indianapolis, Indiana 46240
(317) 569-4680 Direct Dial
(317) 569-4800 Fax
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Ordinance No. Z-420-03
Exhibit A
LEGAL DESCRIPTION
Monon Patio Homes PUD
Beginning at the Northwest comer of the Northeast Quarter of Section 1, Township 17 North,
Range 3 East, in Hamilton County, Indiana, thence East on and along the North line of the
Northeast Quarter Section, a distance of 33 feet to the East right-of-way line of the Monon
Railroad as it is now located and is the point ofbegirming;
Thence continuing Eastward on and along said North line a distance of 330 feet to a point;
thence South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to
a point, said point being 6 1/2 feet North of the fence comer as it is now located; thence West and
parallel with the North line of said Quarter Section a distance of 37.125 feet to a point, said point
being a distance of 6 ½ feet North of a fence comer as it is now located; thence South and
parallel to the West line of said Quarter Section a distance of 330 feet to a point, said point being
marked by a fence post; thence West and parallel to the North hne of said Quarter Section a
distance of 292.87 feet; thence North 990.10 feet to a point, said point being the point of
beginning, all of said land is located in the Northeast Quarter of Section 1, Township 17 North,
Range 3 East in Clay Township of Hamilton County, Indiana.
Except
Part of the Northeast Quarter (NE ¼) of Section 1, Township 17 North, Range 3 East, being
more particularly described as follows:
Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of
the Northwest comer thereof (the same being the East right-of-way line of the Monon Railroad);
thence East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to
a point in said East right-of-way line of the Morion Railroad; thence North in and along said East
right-of-way line of the Monon Railroad 234 feet to the place of beginning.
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Exhibit B
iii
Exhibit B
Exhibit B