Z-507-07 Westmont PUD
Sponsor: Councilor Richard L. Sham
ORDINANCE Z-S07-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
WESTMONT
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (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 positive recommendation to this PUD
district ordinance (the "Westmont Ordinance") which establishes Westmont Planned Unit
Development District (the "Westmont District") with respect to the real estate legally described
in what is attached hereto and incorporated herein by reference as Exhibit I (the "Real Estate")
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC ~36-7-
4-1500 et seq., it adopts this Westmont Ordinance, as an amendment to the Zone Map, (ii) all
prior ordinances or parts thereof inconsistent with any provision of this Westmont Ordinance and
its exhibits are hereby 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and superseded by this Westmont Ordinance, and (iv) this Westmont Ordinance shall be in full
force and effect from and after its passage and signing by the Mayor.
Section 1.
Aoolicabilitv 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 Westmont District.
Section 1.2 Development in the Westmont District shall be governed entirely by (i)
the provisions of this Westmont Ordinance and its exhibits, and (ii) those provisions of
the Zoning Ordinance specifically referenced in this Westmont Ordinance. In the event of
a conflict or inconsistency between this Westmont Ordinance and the Zoning Ordinance,
the provisions of this Westmont Ordinance shall apply.
Section 1.3 Any capitalized term not defined in Section 2 of this Westmont PUD shall
have the meaning as set forth in the Zoning Ordinance in effect on the date of the
enactment of this Westmont Ordinance.
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Section 1.4 All violations of this Westmont Ordinance shall be subject to Section 34.0
of the Zoning Ordinance.
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 regulations of this Westmont 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" is a mandatory requirement. The word "may" IS a
permissive requirement.
Section 2.2 Definitions. The following definitions shall apply throughout this
Westmont 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.
Accessorv 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 Review Board. A board, established by the Declaration(s) of
Covenants, responsible for reviewing each Dwelling prior to the commencement
of construction thereof.
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 mansard roof and to the mean
height between eaves and ridges for gable, hip, and gambrel roofs.
BZA: The City's Board of Zoning Appeals
Citv: The City of Carmel, Indiana.
Commission: The Carmel Plan Commission.
Communitv Open Space: Open Space that is accessible to all owners in the
Westmont District. Community Open Space shall be in the areas identified on the
Open Space Plan (Exhibit 4) as Community Open Space.
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Concept Plan: The Concept Plan attached hereto and incorporated herein by
reference as Exhibit 2 which is the primary plat of the Real Estate.
Controlling Developer: Shall mean PPY, LLC until such time as PPY, LLC
transfers or assigns, in writing, its rights as Controlling Developer. Such Rights
may be transferred by the Controlling Developer, in its sole discretion, in whole
or in part. To transfer all or any portion of its rights as Controlling Developer,
PPY, LLC may (i) name each individual owner of parcels within the Real Estate
as Controlling Developer solely with respect to such parcels owned by each such
individual owner, (ii) establish a committee of individual owners of the Real
Estate within the Real Estate to act as Controlling Developer with respect to such
parcels owned by all such owners, or (iii) use either method described in (i) and
(ii) above with respect to different portions of the Real Estate.
Council: The City Council of the City of Carmel, Indiana.
DeclarationCs) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions applicable to the Real Estate, or any portion thereof, which shall be
prepared and recorded by the Controlling Developer in the office of the Recorder
of Hamilton County, Indiana, and which may, from time to time, be amended.
Department. The Department of Community Services of the City of Carmel,
Indiana.
Development Requirements: Development standards and any requirements
specified in this Westmont Ordinance.
Director: Director, or Administrator, of the Department. "Director" and
"Administrator" shall include his/her authorized representatives.
Dwelling: A detached single family residence.
Front Loaded Garage: A garage the garage door of which is parallel both to the
primary front fa9ade of a Dwelling and to the street in front of the primary front
fa9ade of the Dwelling.
Masonrv: Brick, stone, manufactured or synthetic stone, and stucco.
Open Space: Open space shall comprise (i) a parcel or parcels of land, an area of
water, or a combination of land and water, including flood plain and wetland
areas located within the Real Estate and designated by the Controlling Developer
for the use and enjoyment of some or all of the residents of the Westmont District
and (ii) both Community Open Space and Restrictive Open Space Except as
otherwise provided herein, open space does not include any area which is divided
into building lots, streets (except the landscaped medians of boulevards) or rights
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of way (except tree lawns). The area of parking facilities serving the activities in
the open space and paths or sidewalks located therein may be included in the
required area computations.
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Primarv Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate: The Real Estate legally described in Exhibit I, and comprising
115.824 acres, more or less.
Restrictive Ooen Space: Open Space that is accessible only to the Owners, with
the Westmont District, whose Lots surround the Restrictive Open Space.
Restrictive Open Space shall comprise the areas identified on the Open Space
Plan as Restrictive Open Space.
Sign: Any type of sign as further defined and regulated by this Westmont
Ordinance and the Sign Ordinance, contained within the Zoning Ordinance.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
ZoninJ: Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of
Carmel, Hamilton County, Indiana.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the Zoning Ordinance shall be permitted in the Westmont 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.
Develooment and Architectural Standards.
Section 4.
Section 4.1 The development and architectural standards applicable to all Dwellings
are spccified in the Site Requirement Matrix (Exhibit 7).
Section 4.2 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of (i) Dwellings on 100 and 120 foot wide lots are contained
within Exhibit 8, and (ii) Dwellings on 80 foot wide lots are contained within Exhibit 9.
Section 4.3 Each Dwelling in the Westmont District shall be built by a builder which,
during each of the five (5) calendar years prior to the commencement of construction of
such Dwelling in the Westmont District, has built fewer than one hundred (100)
Dwellings per calendar year.
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Section 4.4 One hundred (100) foot turning radii shall be permitted on the street
corners adjacent to the lots identified on the Concept Plan as lots 100 and 105.
Section 5. Bievcle and Pedestrian Plan and ODen SDaee. The Bicycle and Pedestrian Plan
is attached as Exhibit 3. The Controlling Developer shall install up to six (6) bicycle route signs,
within the public right-of-way, in locations selected by the City. Open Space shall comprise a
minimum of thirty-eight (38) acres and shall be in the areas identified on the Open Space Plan
(Exhibit 4). Within the common area located in the southeast corner of the Westmont District,
the Controlling Developer shall install a gazebo or pergola.
Section 5.1. Ponds. Ponds shall not have long, unbroken segments of straight
shorelines, and fountains may be installed in ponds in the Controlling Developer's
discretion.
Section 5.2 Trails. The nature trail identified by a blue dashed line on the Pedestrian
and Bicycle Plan (Exhibit 3) and the pedestrian access easement located within the side
yards of lots and also identified on the Pedestrian and Bicycle Plan (Exhibit 3) shall be
surfaced with limestone fines.
Section 6. LandseaDinl! Requirements. The landscaping in the Westmont District shall
be as specified in Exhibit 6 (the Landscape Plan).
Section 6.1. General Landscaoinl.! Standards. Landscaping shall be integrated with
other functional site design elemcnts, where appropriate, such as hardscape materials,
paths, sidewalks, fencing or entry features.
A. All trees, shrubs and ground covers shall be planted according to American
Standard for Nursery Stock (ANSI Z60.1), and following the standards and
best management practices (BMPs) published by the Department's Urban
Forestry Section. 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.
B. Shade trees shall be at least 2.5 inches in caliper diameter when planted.
Ornamental trces shall be at least 1.5 inches caliper diamctcr when plantcd.
Evergreen trccs shall be eight (8) feet in height when planted. Shrubs shall
be at least twenty-four (24) inches in height whcn planted. Ornamental
grasses shall obtain a mature height of at least 3 feet.
C. Trees with Tree Preservation Areas identified on the Exhibit 5 (Tree
Prescrvation/Clcaring Plan) shall bc preserved; provided, however, trees may
be removed under any of the lullowing circumstances:
1. As is necessary to clear underbrush and dead trees;
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2. As is necessary for the installation of access easements, paths,
sidewalks, utilities and drainage improvements, infrastructure; and
3. As is neccssary for public health and safety as detcrmined in cooperation
with the Urban Forester.
Section 6.2. Street Trees. Medium or large growing shade trees, of the specifications
set forth in Section 6.1 (B) above, shall be plantcd within the street right-of-way, parallel
to each street, in planting strips. Street trees shall be planted a minimum of thirty (30) feet
and a maximum offifty (50) feet on center.
A. Per City standards, no street trees shall be planted in conflict with drainage
or utility easements or structures, 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, thc Controlling Developer may solicit the aid of the City's Urban
Forester in mediating cost-effective solutions.
B. Street tree species shall be selected from the City's published list of
recommended street trees. Street trees shall be pruned to a height of eight
(8) feet minimum over sidewalks and twelve (12) feet minimum over
streets, to allow free passage along the sidewalk.
Section 6.3. Dwelling Landscaping Standards Building base landscaping for each
Dwelling shall inelude a minimum of fourteen (14) shrubs and/or ornamental grasses,
two (2) shade trees and one (1) ornamental tree, and shall be planted along the (i) front
elevation of the Dwelling and (ii) the side elevations of the Dwelling not occupied by a
driveway or a garage door.
Section 6.4. Maintenance It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping in accordance with this Westmont
Ordinance and best management practice standards. This is to inelude, but is not limited
to, mowing, tree trimming, planting, maintenance contracting, 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 7. Sil!ns and Street Lil!hts. Unless variances are granted by the BZA, signage
for all residential areas shall meet the requirements of Artiele 25.7 of the Zoning Ordinance.
Typical residential signs are depicted on Exhibit 10. Illumination of any monument signs
identifYing the Westmont District shall be from a source external to such signage. All street
lights located within the public rights-of-way shall have downcast fixtures/90 degree cutoff.
Section 8. Maximum Unit Limitations. The total number of Dwellings shall not exceed
one hundred forty three (143).
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Section 9. Homeowners Association and Declaration of Covenants. Declarations of
Covenant(s) shall be prepared by the Controlling Developer 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 shall establish an Architectural Review Board, which shall establish
guidelines regarding the design and appearance of Dwellings and, with respect to residential
colors, shall provide that (i) selected colors must be harmonious with colors used on the
Dwelling, such as roofing and brick, and must be harmonious with other colors used in the
Westmont District, (ii) multiple colors are available on the color palette approved by the
Architectural Review Board, which, from time to time, may be reviewed and updated.
Section 10. AllIlroval Process.
10.1 Approval or Denial of the Primarv Plat/Development Plan.
A. Concept Plan. The Concept Plan 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 to the Commission for primary
plat approval.
B. Secondary Plat Aooroval. 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 Concept Plan and is in
conformance with the Development Requirements of this Westmont
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 10.2. Modification of Development Requirements.
A. The Commission may, upon petition of the Controlling Developer, modify
any requirements specified in this Westmont Ordinance.
B. Modification of the Development Requirements, requested by the
Controlling Developer, may be approved by a hearing examiner or
committee designated by the Commission, after a public hearing held in
accordance with the Commission's Rules of Procedure. However, any
decision of a hearing examiner or committee which denies any requested
modification may be appealed by the party requesting approval to the
Commission, also in accordance with the Commission's Rules of
Procedure.
C. Any proposed modification of the Development Requirements shall
comply with the following guidelines:
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1. The modification shall be in harmony with the purpose and intent
of this Westmont Ordinance.
2. The modification shall not have an adverse impact on the physical,
visual, or spatial characteristics of the Westmont District.
3. The modification shall not have an adverse impact on the
streetscape and neighborhood.
4. The modification shall not result in configurations of lots or street
systems which shall be unreasonable or detract materially from the
appearance ofWcstmont District.
5. The minimum lot size of any lot to be created shall not be reduced
below the requirements of this Westmont Ordinance.
D. When applying the Development Requirements, the Commission shall
carefully weigh the specific circumstances surrounding the modification
petition and strive for development solutions that promote the spirit, intent
and purposes of this Westmont Ordinance.
E. If the Commission (acting through its hearing examiner or committee)
determines that the proposed modification will not have an adverse impact
on development in Westmont District, it shall grant a modification of the
Development Requirements. In granting modifications, the Commission
may impose such conditions as will, in its reasonable judgment, secure the
objectives and purposes of this Westmont Ordinance.
Section 11. Controlline Developcr'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;
C. Building permits for any buildings within the Real Estate;
D. Secondary plat approval for any part of the Real Estate; and
E. Any text amendments or other variations to the terms and conditions of
this Westmont Ordinance.
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'.
A
PASSED by the Common Council of the City of Carmel, Indiana this L day of
o L( (f A ,tr:/ , 2007, by a vote of 7 ayes and 0 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
r
ATTEST:
~
Diana L. Cordray, IAMC, Clerk Tre
Mark atte ann
L?~~
w. Eric Seidenst~er /
R;rn.i~ 4t
9
~;resented by me to the Mayor of the
~ A ,aJ:::., , 2007, at q : Lf d...
City of Carmel, Indiana the '1-t1-- day of
o'clock LL.M.
~~~
Diana L. Cordray, IAMC, Clerk Treas
'3~
O. Approved
l1~,UJt
by me, Mayor of the City of Carmel, Indiana, this
, 2007, at 10:01- o'clock A.M.
~
./
J es Brainard, Mayor
ATTEST:~
Diana L. Cordray, TAMC, Clerk Treasurer
This Instrument prepared by: Charles D. Frankenberger, NELSON & FRANKENBERGER,
3105 East 98th Street, Suite 170, Indianapolis, IN 46280.
H:\Ba:ky\ZoniIlglL Rcnll!&\a1C MaIlc:n;\I'LATNM\lrsayIWCSlmonll'lJIlOrd Withoul TOC, ctc.dco:;
10
A part of the South Half of Section 21, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of said Half Section; thence South 89 degrees 38
Minutes 41 seconds West along the South line of said Half Section a distance of 1,337.65
feet to the Southeast comer of the West Half ofthe Southeast Quarter of said Section;
thence continuing South 89 degrees 38 minutes 41 seconds West along said South line
480.00 feet to the POINT OF BEGINNING of this description; thence North 00 degrees
13 minutes 55 seconds East parallel with the East line of said Half Quarter Section a
distance of 600.00 feet; thence North 89 degrees 38 minutes 41 seconds East parallel to
the South line of said Quarter Section a distance of 480.00 feet to the East line of said
Half Quarter Section; thence North 00 degrees 13 minutes 55 seconds East along said
East line 2,030.82 feet to the Northeast comer of said Half Quarter Section; thence South
89 degrees 40 minutes 24 seconds West along the North line of said Quarter Section a
distance of 1,345.38 feet to the Northeast comer of the Southwest Quarter of said
Section; thence South 89 degrees 39 minutes 54 seconds West along the North line of
said Quarter Section a distance of748.82 feet to the Northeast comer of Westwood
Estates, Section I, recorded as Instrument Number 2003-124222 in Plat Cabinet 3, Slide
313 in the Office ofthe Recorder, Hamilton County, Indiana; thence South 00 degrees 05
minutes 41 seconds East along the East line of Westwood Estates, Section I and parallel
to the West line of the East Half of said Quarter Section a distance of 1,315.72 feet to the
North line ofthe Bennett Subdivision, recorded as Instrument Number 2004-49422 in
Plat Cabinet 3, Slide 443 in said Recorder's Office; thence along the Northern and
Eastern lines of said Bennett Subdivision by the next two (2) courses; 1) North 89
Degrees 38 minutes 41 seconds East 116.48 feet; 2) South 00 degrees 21 minutes 19
seconds East 1,315.91 feet to the South line of said Half Section; thence North 89 degrees
38 minutes 41 seconds East along said South line 1,810.19 feet to the place of beginning,
containing 115.824 acres, more or less.
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF PLATINUM PROPERTIES, LLC
TO REZONE PROPERTY LOCATED
AT 2000 WEST 136T11 STREET
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-507-07
To: The Honorable Common Council
of the City of Carmel
Hamiltou County, Indiaua
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 07020014 Z)
of Platinum Properties, LLC, petitioning the Commission for a favorable recommendation to rezone property
located at 2000 West 1361h Street, from SIIResidential to PUD/Planned Unit Development for the purpose of
creating a single-family detached residence subdivision, to be known as the Westmont PUD.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE"
At its regularly scheduled meeting on June 19,2007, the Carmel Plan Commission voted seven (7) [n Favor,
zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-507-07 with a
FAVORABLE recommendation, and with the following stipulations: I) The developer will continue to
work with Carmel Engineering at Secondary Plat approval for traffic calming devices for all aspects of this
plat; 2) in the event the City is able to acquire easement and right-of-way on the north side of 1361h Street
before the planned improvement to 1361h Street, the developer will install a path and device to get over the
creek to connect to neighboring Saddle Creek Development.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-
4-608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days fTom the date of this Certification (May 9, 2007) is Monday, September
24, 2007.
BY.
Leo Dierckman, President
w
Received
Ramo a Hancock, Secret ry
Carmel Plan Commission
Dated: .Iune 27, 2007
2007.0627; Z-507-07 WESTMONT I'UD CERTIFICATION
JUN 2 7 2007
Carmel
Clerk. Trewmrer