Z-418-03 Townhomes at Hunters Creek PUDSponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-418-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
TOWNHOMES AT HUNTERS CREEK
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance'), provides for the establishment of a Planned Unit
Developmant District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.;
WHEREAS, the Cannel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes
the Townhomes at Hunters Creek Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC §36-7-4-1500 et seq., it adopts this
Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force
and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent with
any provision of this Ordinance and its exhibits are hereby repealed, (iii) from and after the
passage and signing by the Mayor of this Ordinance, the U.S. 31 Highway Overlay Zone
Ordinance No. ZA30 shall no longer apply to the Real Estate, and (iv) this Ordinance shall be in
full force and effect from and after its passage and signing by the Mayor.
Section 1 Applicability of Ordinance:
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Cannel/Clay Zoning Ordinance, is hereby changed to designate the land described
in Exhibit 'A' (the "Real Estate"), as a Planned Unit Development District to be known
as the Lockerbie Townhomes at Hunters Creek.
Section 1.2 Development in the District shall be governed entirely by (i)the
provisions of this Ordinance and its exhibits, and (ii) those provisions of the Carmel/Clay
Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict
between this Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance,
the provisions of this Ordinance shall apply. The underlying zoning classification of the
Real Estate shall be R-4/Residence District of the Carmel/Clay Zoning Ordinance in
force and effect at the time of the enactment of this Ordinance.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
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Section 2 Permitted Primary Uses: Condominiums and/or multi-family dwelling units.
Section 3 Accessory Buildings and Uses: All Accessory Structures and Accessory Uses
shall be permitted except that any detached accessory building shown in any development plan
shall have on all sides the same architectural features or shall be architecturally compatibl6 with
the principal building(s) with which it is associated.
Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite
dishes shall be permitted.
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be pennitted.
However, the development of any parcel must still conform to the Final Development Plan for
the entire tract as approved or amended by the Director, and all other applicable requirements
contained in th/s Ordinance.
Section 6 Height, Area and Square Footage Requirements:
Section 6.1 Maximum Building Height: The maximum Building Height is thirty-four
(34) feet.
Section6.2 Minimum Set Back: The Minimum Set Back fi.om the perimeter
boundary line of the Real Estate contiguous with Marana Drive shall be fifteen (15) feet,
and along the west property line of the Real Estate the Minimum Set Back shall be sixty
(60) feet, along the south and southwest property line of the Real Estate the Minimum Set
Back shall be fifty (50) feet, and along the east property line of the Real Estate, the
Minimum Set Back shall be twenty-five (25) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured fi.om the exterior face of the foundation, shall be fifteen (15) feet.
Section 6.4 Maximum Parcel Coverage, Density and Square Footage:
Maximum Parcel Coverage shall be twenty-seven percent (27%),
excluding patios and driveways.
There shall be a maximum of thirty-one (31) units on approximately five
(5) acres for a density of 6.2 units per acre.
C. Square Footage of Floor Plans for Product offerings:
1. Floor Plan - Amherst
a. Minimum square footage lower level - 670 square feet, not
including garage or porch.
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b. Minimum square footage upper level - 790 square feet.
c. Minimum square footage garage - 275 square feet.
Floor Plan - Berkeley
a. Minimum square footage lower level - 900 square feet, not
including garage or porch.
b. Minimum square footage upper level - 960 square feet.
c. Minimum square footage garage - 490 square feet.
Floor Plan - Columbia
a. Minimum square footage lower level - 865 square feet, not
including garage or porch.
b. Minimum square footage upper level - 995 square feet.
c. Minimum square footage garage - 510 square feet.
Floor Plan - Duke
a. Minimum square footage lower level - 1,100 square feet, not
including garage or porch.
b. Minimum square footage upper level - 1,000 square feet.
c. Minimum square footage garage - 475 square feet.
5. Floor Plan - Emory
a. Minimum square footage lower level - 1,030 square feet, not
including garage or porch.
b. Minimum square footage upper level - 1,215 square feet.
c. Minimum square footage garage - 520 square feet.
Architectural Design Requireracmts:
Suitability of building materials: A minimum of four (4) materials shall be
used for Building exteriors, from the following list: architectural molded
shake panels, brick, limestone caps, copper roof hoods, architectural
~ecfion 6.5
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Fypon window heads and louver vents, engineered wood for exterior trim
and/or the equivalents thereof for all of the foregoing.
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Roof design: All roofs, except for open porch roofs, shall have a
minimum slope of 12 horizontal to 8 vertical.
Photographic examples of Townhome's facade building materials:
Attached hereto and incorporated herein by reference as Exhibit B-1 and
Exhibit B-2, are photographic examples, depicting the typical building
materials and architectural elements of the Buildings to be constructed
upon the Real Estate.
Section 6.6 Maximum Number of Buildings. There shall be no more than eight (8)
Buildings located upon the Real Estate.
Section 7 Landscaping Requirements:
Section 7.1 Greenbelt. The Greenbelt shall exist around the entire perimeter of the
Real Estate, except for the northern boundary of the Real Estate adjacent to Marana
Drive.
Section 7.2 Proposed Landscaping Plan: The proposed landscaping plan shall consist
of: (i) the landscape detail depicted on the preliminary landscape plan which is attached
hereto as Exhibit C (hereafter "Preliminary Landscape Plan"); (ii) the individual building
type landscape plans attached hereto as Exhibit D-l, Exhibit D-2, and Exhibit D-3
(hereafter "Individual Building Type Landscape Plans"); and (iii) the preliminary buffer
plan attached hereto as Exhibit E (hereafter "Preliminary Buffer Plan'). The Preliminary
Landscape Plan, the Individual Building Type Landscape Plans, and the Preliminary
Buffer Plan shall be, collectively, referred to as the "Proposed Landscaping Plan". The
Proposed Landscaping Plan is intended to illustrate the landscape requirements set forth
in this Section 7.
Section 7.3 Areas to be Landscaped:
A. Pre!iminary Landscape Plan and Preliminary Buffer Plan
Marana Drive Buffer:
a. The Marana Drive buffer shall be ten (10) feet in width and is
identified on the Preliminary Landscape Plan and Preliminary
Buffer Plan.
b. The purpose of the Marana Drive buffer is to allow screening
for both the adjacent existing homes, as well as the proposed
townhomes.
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c. The landscaping in the Marana Drive buffer shall include
Shade Trees, planted along the northern property line of the
Real Estate, with the exception of the two (2) street entrances
offMarana Drive.
Rohrer Road Buffer:
a. The Rohrer Road buffer shall be fifteen (15) feet in width and
is identified on the Preliminary Landscape Plan and the
Preliminary Buffer Plan.
b. The purpose of the Rorher Road buffer is to er~hance the
property perimeter along Rohrer Road.
c. The landscaping in the Rorher Road buffer shall include
Evergreen trees, with the exception of the lake, where it shall
have Shade Trees.
Meridian Village Plaza Buffer:
a. The Meridian Village Plaza buffer shall be twenty (20) feet in
width and is identified on the Preliminary Landscape Plan and
Preliminary Buffer Plan.
b. The purpose of the Meridian Village Plaza buffer is to provide
screening for the proposed townhomes fi:om adjacent retail
center to the south.
c. The landscaping for the Meridian Village Plaza buffer shall
include groupings of Evergreen Trees, with shrubs on either
side of the groupings.
West Buffer:
a. The West buffer shall be five (5) feet in width and is identified
on the Preliminary Landscape Plan and Preliminary Buffer
Plan.
b. The purpose of the West buffer is to provide a landscaped area
to accent the Real Estate and screen the existing residential
area fi:om the proposed townhomes.
c. The landscaping in the West buffer shall include Evergreen
Trees.
Individual Building Type Landscape Plans
Building Type III: Base Building landscaping shall include one (1)
Ornamental Tree per townhome unit, as well as front foundation
plantings as depicted on the attached Exhibit D-1.
Buildin T.g_Txp_e IV-A: Base Building landscaping shall include one
(1) Ornamental Tree per townhome unit, as well as front
foundation plantings as depicted on the attached Exhibit D-2.
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Building Type IV-D: Base Building landscaping shall include one
(1) Ornamental Tree per townhome unit, as well front foundation
plantings as depicted on the attached Exhibit D-3.
Section 7.4 Landscaping Standards:
Materials: All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
Shade trees: a minimum trunk diameter of 2 inches measured at
breast height, a minimum height of eight (8) feet, and a branching
height of not less than 1/3 nor more than ½ of tree height.
Ornamental trees: a minimum trunk diameter of 1½ inches
measured at breast height.
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Shrubs: shrubs may be deciduous or evergreen, and shall be
eighteen (18) inches at height at planting.
4. Evergreen Trees: shall be six feet (6') in height at planting.
Section 7.5 l,anrl~caping Installation and Maintenance:
Maintenance: It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping and lake areas
approved in accordance with this Ordinance. This is to include, but is not
limited to, irrigation and mulching of planting areas, replacing dead,
diseased, or overgrown plantings with identical varieties or a suitable
substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
Section 8 Lighting Requirements:
Section 8.1.
Front of Townhome lighting: Each townhome unit shall have one (1) yard
light on a post that is activated by a dusk-to-dawn sensor, located in the
front yard, as is depicted on Exhibit F-I, which is attached hereto and
incorporated herein by reference.
Rear of Town_home lighting: Each townhome unit shall have two (2)
exterior grade coach lights mounted on either side of the overhead garage
door, each one activated by a dusk-to-dawn sensor, as is depicted on
Exhibit F-2, which is attached hereto and incorporated herein by reference.
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Section 9 Signs
Section 9.1. Ground Signs.
Type: A Ground/Entryway Sign shall be permitted near the entrance of
the development adjacent to Marana Drive and Offutt Drive, as is depicted
on Exhibit G, which is attached hereto and incorporated herein 'by
reference.
B. Maximum Sign Area: Thirty-six (36) square feet each.
C. Illumination: External.
D. Sign Permit: Required.
E. Fees: Required.
Section 10 Mechanical Equipment
Section 10.1 Mechanical Equipment: Any mechanical equipment visible from an
~djoiuing street or highway shall be screened with suitable fencing or landscaping and in
general be architecturally compatible with the building(s) with which it is associated.
Section 11 Retaining Walls
Section 11.1. Retaining Walls. Any retaining walls utilized on the Real Estate shall
conform to the standards and dimensions which are depicted on Exhibit H, which is
attached hereto and incorporated herein by reference. No single retaining wall shall
exceed fifty (50) feet in length. The aggregate mount of all retaining wails utilized on
the Real Estate shall not exceed two hundred and fifty (250) feet in total length.
Retention wails are permitted in the Greenbelt.
Section 12 Homeowners Association and Declaration of Covenants
Section 12.1 Homeowners Association: There shall be a mandatory Homeowners
Association established which shall be for the Lockerbie Townhomes at Hunters Creek
with the following requirements: an initiation fee, a budget requirement to fund general
reserves, and provisions regarding the use of Real Estate and improvement approval
requirements after initial construction.
Section 12.2 Declaration of Covenants: Declaration of Covenants shall be recorded
which shall also contain various requirements and provisions regarding the Real Estate.
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Section 13. Approval Process:
Section 13.1. Approval or Denial of the Primary Plat/Development Plan.
Exhibit C, which is attached hereto and incorporated herein by reference,
shall serve as the Conceptual Development Plan (the "CDP"). The CDP
has been reviewed and approved by the Plan Commission.
The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plan (the "FDP") for the Lockerbie Townhomes at Hunters
Creek; provided, however, that the Director shall not unreasonably
withhold or delay his or her approval of the FDP that is in substantial
conformance with the CDP and is in conformance with the Development
Requirements of this Ordinance. If the Director disapproves the FDP for
the Lockerbie Town_homes at Hunters Creek, the Director shall set forth in
writing the basis for the disapproval and schedule the request for approval
of the FDP for a hearing before the full Plan Commission.
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An amendment to the FDP, which is not determined by the Director to be
a substantial or material alteration from the approved CDP, may be
reviewed and approved solely by the Director. However, in the event the
Director determines that there has been a substantial or material alteration
between the approved CDP and the proposed FDP, the Director may, in
his or her sole discretion, refer the amended FDP to the Commission, or a
Committee thereof, for review and approval by the commission and/or a
Committee thereof.
Do
The FDP shall be a specific plan for the development of all or a portion of
the real estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
E. ADLS approval is not required for this residential project.
Section 14 Definitions and Rules of Construction:
Section 14.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this Ordinance:
The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
Words used in the present tense include the past and future tenses, and the
future the present.
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The word "shall" is a mandatory requirement. The word 'Ynay" is a
penuissive requirement. The word "should" is a preferred requirement.
Section 14.2 Definitions.
Accessor~ Structure: A structure subordinate to a building or use located
on the Real Estate 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 building as the main use, and incidental to the main
rise,
Building: A structure having a roof supported by columns or walls, for the
shelter, support, enclosure or protection of persons or property, and
intended for human occupancy.
Building Height: The vertical distance from the ground level at the main
entrance to the highest ridge point of the roof structure.
E. City: The City of Carmel, Indiana.
F. Commission: The Carmel/Clay Plan Commission.
G. Council: The City Council of the City of Carmel, Indiana.
H. County: Hamilton County, Indiana.
Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
Development Plan, Conceptual. A general plan for the development of the
Real Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan generally shows landscape areas,
parking areas, site access, drainage features, and building locations.
Development Plan, Final. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screerdng and
building information for the site.
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Development Requirements. Development standards and any
requirements specified in this Ordinance which must be satisfied in
connection with the approval of a Development Plan.
Director: Director, or Administrator, of the Department of Community
· "' ' and
Services for the City of Carmel, Indiana. Director' "Administrator"
shall include his/her authorized representatives.
Greenbelt: A strip, fifteen (15) feet in width, around the entire perimeter of
the Real Estate, except the northern border of the Real Estate adjacent to
Marana Drive. The Greenbelt shall be unoccupied except for plant
materials, steps, walks, terraces, bike paths, driveways, lighting standards,
patios, sidewalks, internal roadways, retention wails, lakes and ponds and
other similar structures.
Parcel Coverage: The total ground area, with/n the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (18)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
Real Estate· The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
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SetBack: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of determining Set Back, the perimeter
boundary of the Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
Sign: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
Section 15. Violations. All violations of this Ordinance shall be subject to Section 34.0
of the Carmel/Clay Zoning Ordinance.
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· ,~
SPONSOR: Councilor
PASSED by the Common Council of the City of Carmel, Indiana, this (~ ~[~tay of ((~(/?~'O~)~)~' ,;
2003, by a vote of (~ ayes and ~ nays.
oO ON
~i~ci~d?r, PresideXi~ero ~pore J~atlfi~r~ ~ A /
Ronald E. Ca~ Wa~Wil~n
Di~a L. Cor&aY, ~C, Cle~easm~
Present~e ;~o~ayor ~f t~ Ci* of Camel, kaita, ~isD ~ day of ~ 2003, at
7 ,~''
Di~a ~ C~y, ~C, Cl~T~as~er
Approved by me, M~r of the CiW of C~el, hdi~a, ~is ~y of ~. 2003, at /~
J~s Brained, Mayor
~~~Treas~er
EXHIBIT "A'
Legal Description
TRACT A
PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH,
RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON
COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 06 MINUTES 42 SECONDS
EAST (ASSUMED BEARING) ON THE EAST LINE OF SAID SOUTHWEST
QUARTER 1451.11 FEET; THENCE NORTH 88 DEGREES 00 MINUTES 00
SECONDS WEST 40.03 FEET TO THE TRUE POINT OF BEGINNING FOR THE
TRACT HEREIN DESCRIBED; THENCE NORTH 88 DEGREES 00 MINUTES 00
SECONDS WEST 715.00 FEET; THENCE SOUTH 01 DEGREE 03 MINUTES 53
SECONDS EAST 201.80 FEET; THENCE SOUTH 62 DEGREES 24 MINUTES
21 SECONDS EAST 324.67 FEET; THENCE SOUTH 88 DEGREES 00 MINUTES
00 SECONDS EAST 365.87 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY
LINE FOR U.S. HIGHWAY 31 PER WARRANTY DEED RECORDED IN DEED
RECORD 248, PAGE 216 IN THE OFFICE OF THE RECORDER OF HAMILTON
COUNTY, INDIANA; THENCE NORTH 16 DEGREES 54 MINUTES 30 SECONDS
EAST ON SAID NORTHWESTERLY RIGHT-OF-WAY LINE 198.45 FEET; THENCE
NORTH 00 DEGREES 06 MINUTES 42 SECONDS WEST PARALLEL WITH THE
EAST LINE OF SAID SOUTHWEST QUARTER 150.10 FEET TO THE POINT OF
BEGINNING, CONTAINING 5.000 ACRES, MORE OR LESS.
H:UanetXEstridge~PUD Draft 091503.doc
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