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Z-464-04 Traditions on the Monon PUDSponsor: Councilor Rattermann ORDINANCE NO. Z-464-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE Traditions on the Monon 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 Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a unanimous favorable recommendation to the ordinance set forth herein (the "Traditions on the Monon") which establishes the Traditions on the Monon 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 lC §36-7-4-1500 et seq., it adopts this Traditions on the Monon 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in full force and effect from and after its passage, (ii) all prior commitments shall be null and void and replaced and superseded by this Traditions on the Monon Ordinance, and (iii) this Traditions on the Monon Ordinance shall be in full force and effect from and after its passage and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 Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described " ed in Exhibit "A" (the "Real Estate ), as a Plarm Unit Development District to be known as the Traditions on the Monon. Section 1.2 Development in the District shall be governed entirely by (i)the provisions of this Traditions on the Monon Ordinance and its exhibits, and (ii)those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Traditions on the Monon Ordinance. In the event of a conflict between this Traditions on the Monon Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Traditions on the Monon Ordinance shall apply. 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 Traditions on the Monon Ordinance. Section 2 Permitted Uses Permitted uses are townhomes, 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 compatible 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 permitted, so long as the proposed plat complies with the area requirements set forth below in Section 6, and the creation of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified below in Section 6 for the entirety of the Real Estate. However, the development of any parcel shall conform to the requirements of Section 13 below, and ail other applicable requirements contained in this Traditions on the Monon Ordinance. Section 6 Height and Area Requirements Section 6.1 (38) feet. Maximum Building Height: The maximum Building Height is thirty-eight Section 6.2 Minimum Building Set Back: The minimum Set Back from the perimeter boundary line of the Real Estate contiguous with Smokey Row Road shall be fifteen (15) feet, and along the north property line of the Real Estate the minimum Set Back shall be ten (10) feet, along the west property line of the Real Estate the minimum Set Back shall be ten (10) feet, and along the east property line of the Real Estate, the Minimum Set Back shall be ten (10) feet. Section 6.3 Minimum Building Separation. The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be ten (10) feet. Section 6.4 Density. There shall be a maximum of one-hundred and forty (140) units on approximately 12.21 acres. Section 6.5 Square Footage of Townhome Units. The minimum square footage for an individual Townhome unit shall be one thousand four hundred (1,400) square feet, exclusive of any garages. Section 7. Conceptual Building Tvoes Section 7.1 Architectural Design Requirements: Roof design: All roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 8 vertical. Building rendering and elevations: Attached hereto and incorporated herein by reference as Exhibit "B" are conceptual building renderings of the Buildings to be constructed upon the Real Estate. All Buildings constructed upon the Real Estate shall include Masonry as the primary building materials, excluding but not limited to doors, soffits, trim, windows, gables and roofs. Section 8 Landscaoin~ Attached hereto and incorporated herein by reference as Exhibit "C" is the conceptual landscape plan (hereafter "Conceptual Landscape Plan"). Section 8.1 Planting Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one-half inch (2-1/2") Caliper and seven foot (7') height at the time of planting, unless otherwise specified herein or otherwise indicated on the Conceptual Landscape Plan. Evergreen trees shall be a minimum of six feet (6') in height at the time of planting. Shrubs shall be two (2) feet in height at the time of planting. All trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are critical factors that should be considered. Plantings should be designed with repetition, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with this Traditions on the Monon 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 8.3 Building Base Landscaping. The building base landscaping around the buildings shall include a minimum of twelve (12) shrubs. Additionally, there shall be a minimum of two (2) shade trees per unit between the unit and the sidewalk, if the necessary area for planting is available. If a shade tree can not be planted between the unit and the sidewalk, that shade tree will be planted at an alternate location on the site. Section 8.4 Perimeter Planting/Buffer Yard. The perimeter planting and buffer yard planting shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance. Section 8.5 Interior Plantings. Adjacent to any entry drive, for each one hundred (100) linear foot increment, there shall be a minimum of three (3) shade trees, two (2) ornamental trees and ten (10) shrubs. For any common areas adjacent to a parking area, plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance. Section 8.6 Tree Conservation. Existing trees as identified on the Conceptual Landscape Plan as "Tree Conservation Area" shall not be removed from the Real Estate except as follows: 1. As is necessary to clear underbrush and dead trees; As is necessary for the installation of access easements, rights-of-way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and 3. As necessary for public health and safety. Section 9 Lighting Requirements Front of Townhome lighting: Each Townhome shall have one (1) light fixture near the door. Rear of Townhome lighting: Each Townhome shall have a minimum of one (1) light fixture on the rear of each unit, however the light position(s) shall be consistent among all units. Street Lighting: Street lighting shall be provided near intersections of streets and alleyways and along the Monon Trail and 136th Street. Light Fixture Renderings: Attached as Exhibit "D" and Exhibit "E", respectively, and referred to herein as the Conceptual Wall Mounted Luminaries and Conceptual Pole Mounted Luminaries are renderings which depict the acceptable types of wall and pole mounted luminaries for the District. Section 10 Signs and Entry Way Wall .Section 10.1. Ground Signs and Entry Wall. Type: At each entrance to the development, adjacent to both Smokey Row Road and Rangeline Road, Two (2) Ground/Entryway Signs shall be permitted, as is conceptually depicted on Exhibit "F", which is attached 4 hereto and incorporated herein by reference. One (1) entry wall is also permitted, not to exceed fifteen (15) feet in length, as depicted on what is attached hereto and incorporated herein by reference as Exhibit "F". B. Maximum Sign Area: Twenty-four (24) square feet each. C. Illumination of Sign: External. D. Sign Permit: Required. E. Fees: Required. Section 11 Parking Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage ~nd, in addition, there shall be guest parking provided within on-street parking spaces and other spaces to be provided on the site, as depicted on the Conceptual Plan and incorporated herein by reference as Exhibit "G". Section 12 Homeowners Association and Declaration of Covenants Section 12.1 Declaration of Covenants and Homeowners Association: The Developer shall prepare and record a Declaration of Covenants which shall also contain various provisions regarding the Real Estate as determined by the Developer, including, without limitation, provisions for mandatory assessments and maintenance of common areas. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. Section 13. Approval Process Section 13.1. Approval or Denial of the Primary Plat/Development Plan. Exhibit "G", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP"). However, the CP does not constitute the approved Development Plan and primary plat for the Real Estate, nor does it constitute the approved architecture, design, lighting and landscaping for the Real Estate and the improvements thereon, considered in connection with the Traditions on the Monon Ordinance. Traditions on the Monon shall require further (i) ADLS approval and (ii) Development Plan/primary plat approval. The Final Development Plan approval procedures are set forth below in this Section 13. If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. 5 The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Final Development Plans/Secondary Plats (collectively, the "FDP") for the Traditions on the Monon; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the FDP that is in substantial conformance with the CP and is in conformance with the Development Requirements and Development Standards of this Traditions on the Monon Ordinance. If the Director disapproves any FDP, 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. An amendment to the FDP, which is not determined by the Director to be a Substantial Alternation or Material Alteration from the approved CP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved CP and any proposed FDP, the Director may, at the Director's discretion, refer the amended FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. 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. Section 14 Definitions and Rules of Construction Section l4.1 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. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Section 14.2 Definitions Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. 6 E. F. G. H. 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 use. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansurd roof and the mean height between eaves and ridges for gable, hip and gambrel roofs. City: The City of Carmel, Indiana. Commission: The Carmel/Clay Plan Commission. Council: The City Council of the City of Carmel, Indiana. 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. 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 and is depicted on Exhibit "G", which is attached hereto and incorporated herein by reference. 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, screening and building information for the site. Development Requirements. Development standards and any requirements specified in this Traditions on the Monon Ordinance which must be satisfied in connection with the approval of a Final Development Plan. Developer. Buckingham Properties, Inc. and its successors and assigns. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. 7 Homeowners Association: A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of the Traditions on the Monon, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. Masonry: Masonry shall include brick, stone and/or stucco. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Minor Alteration: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials. Parcel Coverage: The total ground area, within 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. Set Back: 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. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. Townhome: An attached dwelling intended for occupancy by a single family. 8 y. Townhome Building: A structure containing attached dwellings. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 15. Violations  //~os~l~. Griffiths // ATTEST: Diana ~rer All violations of this Traditions on the Monon Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. ,~. PASSED by the Common Council o~ the City of C~a~rnel, Indiana this ~OqA~day of ~, 2004, by a vote of -'~ ~ ayes and O nays. ~F_-~-~... /(5~~COMMON C~OUNCIL FOR THE CITY~~OF CARMEL .. P~siding Officer K~ y / / J Ronald E. Carter, President Pro Tempore Brian D. Mayo Mark Rattermann Ric~ h~~ Presented by me to the Mayor of the City of Carmel, Indiana the ~"~ e.~_ ~-,.&.~. ,2004, at Ck. ~, o'clock {~ .M. __ day of Diana~ra'y~easurer Approved by me, Mayor of the City of Carmel, Indiana, this ,'i~, (~ \ ,2004, at c~ ~ © o'clock tq- .M. JCfhes Brainard', Mayor day of Diana L. Cordray, I~M~, Clerk ~surer This Instrument prepared by: David E. Leazenby Buckingham Properties, Inc. 333 N. Pennsylvania St., l0th Floor Indianapolis, IN 46204 This Instrument reviewed by: Charles D. Frankenberger & James E. Shinaver NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 H:~lanet~Eden~Buckingham\PUD Council Draft I 120604.doc 10 EXHIBIT "A" Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana; thence South 88 degrees 23 minutes 47 seconds West (assumed bearing) on and along the South line of said Southeast Quarter 307.68 feet to the Southwest corner of real estate conveyed to Tolpygin per deed recorded in the Office of the Harnilton County Recorder as Instrument Number 2002-2496 (Tolpygin parcel) and the POINT OF BEGINNING of this description; thence continuing South 88 degrees 23 minutes 47 seconds West 480.21 feet to a point on the East right-of-way line of the Monon Railroad and the point of curvature of a curve to the left having a radius of 1983.00 feet; thence northwesterly on and along said curve an arc distance of 957.33 feet to the Southwest corner of real estate conveyed to the Carmel Cemetery Association (Cemetery Parcel) per deed recorded in the Office of the Hamilton County Recorder in Deed Book 278, Page 370; thence North 88 degrees 23 minutes 47 seconds East on and along the South line of said Cemetery Parcel 343.14 feet to a point on the West line of The Ritter's H.P.R. recorded in the Office of the Hamilton County Recorder in Plat Cabinet 2, Slide 562; thence South 00 degrees 11 minutes 45 seconds West on smd West hne 145.77 feet to the Southwest corner of said Ritter's H.P.R.; thence the following six (6) calls on and along the South line of said Ritter's H.P.R. 1.) North 79 degrees 59 minutes 29 seconds East 170.0 feet; 2.) South 81 degrees 08 minutes 47 seconds East 71.41 feet; 3.) North 67 degrees 57 minutes 12 seconds East 44.54 feet; 4.) North 88 degrees 12 minutes 49 seconds East 101.88 feet; 5.) North 57 degrees 13 minutes 24 seconds East 69.78 feet; 6.) South 60 degrees 35 minutes 56 seconds East 55.18 feet; thence South 00 degrees 21 minutes 44 seconds East 409.53 feet to the Southwest corner of real estate conveyed to Leppert & Hensley Mortuary Crematory, Inc. (Mortuary Parcel) per deed recorded in the Office of the Hamilton County Recorder as Instrument Number 2002-61980; thence North 88 degrees 23 minutes 47 seconds East on and along the South line of said Mortuary Parcel 270.10 feet to a point on the East line of said Southeast Quarter; thence South 00 degrees 21 minutes 44 seconds East on and along said East line 50.00 feet; thence South 88 degrees 23 minutes 47 seconds West 175.87 feet to a point on the Northwest corner of real estate conveyed to P.S.I. per deed recorded in the Office of the Hamilton County Recorder as Deed Record 231, Page 168 and the point of curvature of a curve to the left having a radius of 1903.08; thence southerly on and along said curve an arc distance of 358.64 feet to the POINT OF BEGINNING, containing in all 12.21acres, more or less. Subject to the Right-of-way of 136th Street Subject to the Right-of-way of Range Line Road Subject to the Right-of-way of the Monon Railroad. Subject to the Right-of-way of the Follett & Morrow Legal Drain Easement. Subject to all legal easements, rights-of-way, covenants, and restrictions. *Note: This description has been prepared based upon instructions from the client and limited field observations by Mid- States Engineering, LLC. A boundary survey has not been performed by Mid-States Engineering, LLC on the above described area per Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana Administrative Code. In no event will Mid-States Engineering, LLC, its employees, agents, and/or assigns be liable for any damages arising out of the furnishing and/or use of this description. 11