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Z-527-09 Aramore PUDi ORDINANCE Z-527-09 SPONSOR Councilor Snyder AN ORDINANCE OF 1 HE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE ARAMORE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31 6 4 of the Cannel /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 ct seq WHEREAS, the Carmel/Clay Plan Commission (the "Commission') has given a favorable tecommendation to the ordinance set forth herein (the "Ordinance which establishes the Aramore Planned Unit Development District (the Distnct NOW, THEREFORE BE 11' ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council that (t) pursuant to IC 636 7 4 1500 et feq it adopts this Aramore Ordinance as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (n) all prior ordinances of parts thereof inconsistent with any provision of this Aramore Otdinance and its exhibits are hereby repealed, On) all pnor commitments and restncttons shall be null and void and replaced andssuperseded by this Aramore Ordinance, and (w) this Arainore Ordinance shall be in full force and effect from and after its passage and signing by the Mayoi Section 1 Applicability ofOrdinance 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 descnbed in Exhibit A- (the Real Estate as a Planned Unit Development District to be known as Aramore Section 1 2 Development in the District shall be governed entirely by (i) the provisions of this Ordinance and its exhibits and (n) 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 Section 1 3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in ettcet on the date of the enactment of this Ordinance Section 2 Permitted Primary U40s Permitted uses are detached single family homes 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. Horne 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 all Preliminary Development Plans and Final Development Plans which are approved or amended per the terms of Section 14.1 below, and all other applicable requirements contained in this Ordinance. Section 6 Height, Area and Square Footage Requirements: Section 6.1 Maximum Building Height: The maximum Building Height for Townhomes is thirty -eight (38) feet. The maximum Building Height for Courthomes is thirty (30) feet. The applicable development and architectural standards for detached single family hones are specified in Exhibit "H" (Site Requirement Matrix) Section 6.2 Minimum Building Set Back: The Minimum Set Back from any perimeter boundary line of the Real Estate shall be not less than 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 for Townhomes and Courthomes. Section 6.4 Minimum Square Footage. Square Footage of Townhome Floor Plans for Product Offerings shall not be less than one thousand two hundred square feet. Square Footage of Courthome Floor Plans for Product Offerings shall not be less than two thousand square feet. Section 6.5 Maximum Parcel Coverage and Density: A. Maximum Parcel Coverage shall be fifty percent (50 B. There shall be a maximum of one hundred and thirty one (131) Townhomes and seventy (70) Courthomes on approximately twenty -seven and 35/100 (27.35) acres. Section 6.6 Maximum Number of Buildings. There shall be no more than thirty (30) Townhome Buildings and twenty two (22) Courthome Buildings located upon the Real Estate Section 7 Ai chitectural Design Requirements A Suitability of building materials A minimum of four (4) materals shall be used tor Building extenors, from the following list brick, cast stone, stone Hardi Plank, stucco glass wood soffits and vinyl windows and/or the equivalents thereof for all of the foregoing The use of wood and Hardi Plank shall be limited to Tnm and Siding The applicable development and architectural standards for detached single family homes are specified in Exhibit H (Site Requirement Matrix) and Exhibit f (Detached Single Family Homes Character Exhibit) B Roof desien All Townhouse roofs except foi open porch roofs, shall have a minimum slope of 12 horizontal to 6 vertical All Courthome roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 4 vertical C Building rendering and elevations Attached heieto and incorporated herein by reference as Exhibit B and Exhibit "C' are a rendering and elevations depicting the building matenals and architectural elements of the Townhomes and Courthomcs respectively, to be constructed upon the Real Estate D Community mail box structure Attached hereto and incorporated herein by reference as Exhibit `D 03 is a tendering of the community mail box and master mailbox plan as Exhibit D 01' Section 8 Landscaping Requirements Section 8 1 Landscape Plan The Landscape Plan shall consist of the landscape detail depleted on the landscape plan which is attached hereto as Exhibit D (hereafter Landscape Plan') Landscaping shall be installed per the Final Landscape Plan submitted with the Final Development Plan and will be in conformance with Chapter 26 04 06 of the Cannel Zoning Ordinance as it relates to Bufferyards as well as Section 8 2 of this Ordinance Section 8 2 Landscaping Standards A Materials All plants proposed to be used in accordance with any landscaping plan shall meet ANZI Z60 60 1 1996 and meet the following specifications 3 I Shade trees two and one -half Inch (21/2 caliper, a minimum height of eight (8) feet, and a branching height of not less than one third (1 /3) nor more than one half (1/2) of tree height 2 Ornamental trees one and one half inch (1'A') caliper a minimum height of six (6) feet, and a branching height of not less than one third (1 /3) nor more than one half (h) of tiee height 3 Evergreen Trees A minimum height of eight (8) feet 4 Deciduous Shrubs A minimum height of twenty -four (24) inches and no less than six (6) main branches upon planting 5 Evergreen Shrubs A minimum height and spread of twenty four (24) inches Section 8 3 Landscaping installation and Maintenance A Maintenance It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping bioswales 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 dcbns rank vegetation and weeds Section 8 4 Buffervards/Tree Preservation A Tree Preservation will be implemented where possible but in the event that tree preservation is not successful, landscape material will be installed consistent with the Bufferyaid Requirements Section 26 04 06 that will consist of 3 shade tices 4 ornamental trees and 21 shrubs per 100 linear feet Section 9 Lighting Requirements and Park Benches Section 9 1 A Front of Townhome lighting 1 Each Townhome having a covered porch at the front entrance shall have one (1) downcast light fixture hanging from the ceiling of the covered porch 2 Each Townhome which does not have a covered porch at the front entrance shall have two (2) downcast light fixtures mounted on either side of the front door B Rear of Townhome lighting Each Townhome shall have one (1) exterior glade downcast coach light mounted on either side of the overhead garage door each one activated by a dusk to dawn sensor 4 Section 10 Signs Section 10 1 A Section 11 Parking Section 12 C Courthome hghtmg Each Courthome shall have a minimum of one (1) downcast light fixture at each entry door and shall have two (2) exterior wade downcast coach lights mounter. on either side of the overhead garage door, each one activated by a dusk -to dawn sensor D Street Lighting Attached hereto and incorporated herein by reference as Exhibit D 02 is a picture of the community street lighting fixtures and master street lighting plan as Exhibit D 01 All street lighting shall be downcast fixtures/90 degree cut off Park Benches Attached hereto and incorporated herein by reference as Courtyard Bench Exhibit G is a picture of the community park bench and master community bench plan as Exhibit D 01 Ground Signs and Entry Wall Type One (1) Ground/Entryway Sign shall be permitted near each entrance to the development as is depicted on Exhibit P' which is attached heieto and incorporated herein by reference B Maximum Sign Area Thirty Six (36) square feet each C Illumination of Sign External D Sign Permit Required E fees Required Section 11 1 Parking Each Townhome shall contain a two (2) car garage and each Courthome shall have a two car garage in addition there shall be not less than seventy (70) external parking spaces Mechanical Equipment Section 12 1 Mechanical Equipment Any mechanical equipment visible from an adjoining 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 5 Section 13 Homeowners Association and Declaration of Covenants Section 13 1 Declaration of Covenants and Homeowners Association A Declaration of Covenants shall be recorded which shall also contain venous provisions regarding the Real Estate, including provisions for an initiation fee a budget requirement to fund general reserves the use of the Real Estate, and improvement approval requirements after initial construction The Declaration of Covenants will also provide fox the establishment of a Homeowners Association in which membership shall be mandator y Section 14 Approval Process Section 14 1 Approval or Denial of the Pnmary Plat/Development Plan A Exhibit 'E which is attached hereto and incorporated herein by icfeience shall serve as the Conceptual Plan (the "CP') The CP constitutes the Dev elopment Plan and is the pnmary plat for the Real Estate The architecture, design, lighting and landscaping tor the Real Estate and the improvements thereon, considered in connection with the Ordinance, will require further (i) ADLS approval for all uses except detached single family homes, or (n) Final Development Plan approval per the procedure set forth below in this Section 14 If there is a Substantial Alteration in the approved ADLS and Development Plan/pnmary 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 and Matenal Alterations may be approved by the- Director B 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 Aramore, provided, however that the Director shall not unreasonably Withhold 01 delay the Director s approval of the FDP that is in substantial conformance with the CP and is in conformance with the Development Requirements of this Ordinance If the Director disapproves any FDP the Director shall set forth in wnhng the basis for the disapproval and schedule the request tor approval of the FDP for a heating before the full Plan Commission C An amendment to the FDP which is not determined by the Director to be a substantial or matenal alteration fiom 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, tor review and approval by the Commission and/or a Committee thereof 6 D The FDP shall be a specific plan tor 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 15 Definitions and Rules of Construction Section 15 1 General Rules of Construction The following general rules of construction and definitions shall apply to the regulations of this 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 The ii ord should is a pr cferred requirement Section 15 2 Definitions A Accessory Structure A structure subordinate to a building or use located on the Real Estate which is not used tor perm anent human occupancy which may include an Amenity Center B 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 which may include accessory dwellings C Amenity Center A structure used as a common community gathering area D Building Height The vertical distance when measuring from the first finished floor elev ition to the mean height between eaves and ridges C City The City of Cannel, Indiana F Commission The CannellClay Plan Commission G Conceptual Plan A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings and structures 1 his plan generally shows landscape areas, parking areas, site 7 access drainage features and building locations H Condominiums A residential living unit or units as defined in and governed by the Indiana Code Sections 32 25 1 to 32- 25 -9 -2, inclusive I Council The City Council of the City of Carmel, Indiana J County Hamilton County Indiana K Declaration of Covenants A Declaration of Covenants Conditions and Restnctions for the Real Estate which'shall be recorded iii the office of the Recorder of Hamilton County, Indiana, and which may, from time to time be amended L Detached Single F imdv Home Dwellings complying with the standards specified m Exhibits H and i M Developer Pittman Partners Inc and its Successors and assigns or any person and/or entity engaged in development of one or more phases and/or sections of the development N Development Requirements Development standards and any requirements specified in this Ordinance which must he satisfied in connection with the approval of a Final Development Plan 0 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 P Final Development Ilan A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities buildings and stiuctures This plan review includes general landscaping, parking, drainage, erosion control signage lighting screening and building information for the site Q Material Alteration Any change to an approved plan of any type that involves the substitution of one material, species, element, etc tor another R 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 and can not include a change in architectural requirements decrease in open space or amenines, elimination of required plantings, or the addition of living units S 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 8 way to a roof, divided by the total honzontal area within the Real Estate boundanes T Real Estate The Real Estate shall mean and refer to all of the Real Estate descnbed in Exhibit A U Right of -Wav An area of land permanently dedicated to provide light, air and access V Set Back The least measured distance between a building or structure, excluding however, porches, patios, and the penmeter 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 W 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 X 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 matenals Y Townhome An attached townhome intended for occupancy by a single family Z Townhome Building A structure containing Townhomes AA Courthome An attached condominium intended for occupancy by a single family BB Courthome Building A structure containing Courthomes CC Tnm Soffits architraves wood rex eals, and casement around doors and windows Section 16 Violations 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 Carmel Indiana this 13 day of 2009 by a vote of (p ayes and 6 nays 9 COMMON COUNCIL FOR THE CITY OF CARMEL GCS —7.-- N a `r PR-es E &Cr Presiding Off t Joseph C Griffiths W Eric Seiden V Accetturo resident Pro Tempore nald E Carter nyder ATTEST Q I I IA r 4J Cana L Cordray IAMC, ClerXeasurer U ATTE 2009, at a IC P Diana L Cordray IAMC Clerk Tr -fig er evin Rider Richard L Sharp Presented by me to the Mayor of the City of Carmel Indiana this llo day of 2009 at la 0 i P M Diana L Cordray IAMC Clerk Tree Approved by me Mayor of the City of Cannel Indiana this la `day of Jam et; Brainard Mayoi Ills Instrument prepared by Steve 'tman Pittman Partners Inc PO Box 554 Carmel IN 46082 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTAI'E MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL AND ZONE MAP CHANGE REQUIRED BY THE CARMEL CLAY ZONING ORDINANCE In accordance with 1C 36 7 4 613 or I C 36_7 4 615 Pittman Partners Inc an Indiana Corporation Its nominee or assignee the contract purchaser Owner of the real estate located in Clay Township of Carmel Hamilton County Indiana which is descnbed below in the attached Exhibit A (the Real Estate') makes the following COMMITMENTS concerning the use and development of the following descnbed parcel of real estate I EGAL DESCRIPI ION See Exhibit A attached STATEMENT OF COMMITMEN TS No Tax Increment Financing will be requested as part of the development of Aramore according to Ordinance Z 527 09 an ordinance of the common council of the City of Carmel Indiana establishing the Aramore Planned Unit Development Destnct These COMMITMENTS shall be binding on °the Owner of the above descnbed real estate once said Owner Closes on the Real Estate subsequent owners of the above descnbed real estate and all other persons acquiring any interest therein These COMMITMFNTS may be modified or terminated by a decision of the Carmel C ity Council COMMI IMENTS contained in this instrument shall be effectne upon the approval of Ordinance Z 527 09 pursuant to the Cannel Zoning Oftlinance and shall continue in effect for as long is the abo-te descnbed parcel of real estate remains 7ontd to the PIM zoning classification or until modified or terminated by the Cannel City Council These COMMI TMENTS my be enforced Jointly and severally by 1 The Carmel City Council and 2 The Cannel Department of Community Sen ices i IN WITNESS WIIEREO1 Owner has executed this instrument this day of 2009 STATE 01 INDIANA COUNTY OF HAMILTON Stbscribed and sworn to before me a Notary Public in and for said County and State appeared 51-a✓e R1 w,av5 the President of Pittman Partners an Indiana Corporation and acknowledged the executed of the foregoing. ommitments Concerning the Use and Development of Real Estate for and on behalf of }fir wrc,n -Fa 4har5 SS By (pnnted name and trtlt) 2009044117 MISC $17 00 07/20/2009 03 30 5SP 3 PGS Jennsfer J Hayden HAMILTON County Recorder IN Recorded as P red WITNESS my hand and Notarial Seal thi day of I u t 2009 My Commission Expires 1(c I n N l ��.-C/ ga /V a A 3 VlvA'2 ki`II ol S J C Residing in KW row County (printed) Notary Public 2 EXHIBIT A Land Description Part of the Northwest Quarter of the Southwest Quarter of Section 7 Township 17 North Range 4 East in Hamilton County Indrtna described as follows Commencing at the northwest corner of said quarter section, thence South 00 degrees 09 minutes 06 seconds West (assumed beanng) along the west line of said quarter section a distance of 423 83 feet to the northwest corner of a tract of land described in a deed recorded as instrument Number 2005 26315 in the Office of the Recorder of Hamilton County Indiana thence South 89 degrees 30 minutes 54 seconds East along the north line of said tract a distance ot 75 00 feet to tie northeast corner of said tract and the Point of Beginning being a point on the south line of a tract ofland descnbed in a deed recorded as Instrument Number 89 25227 thence continuing South 89 degrees 50 minutes 54 seconds East along said south line a distance of 429 20 feet to a point on the easterly line of a tract of land descnbed in a deed recorded as Instrument Number 2005 26316 (the following three courses are along the easterly lints of said tract of land) 1) thence South 00 degrees 09 minutes 06 seconds West 1 distance of 54 36 feet 2) thence South 89 degrees 47 minutes 07 seconds Fast a distance of 156 00 feet 3) thence South 00 degrees 09 minutes 06 seconds West a distance of 222 63 feet to the north line of a tract of land descnbed in a deed recorded in Deed Book 314 page 403 thence South 89 degrees 31 minutes I 1 seconds East along said north line a distance of 307 73 feet to southwest corner of a tract of land descnbed in a deed recorded in Deed Book 349 page 522 1) thence North 00 degrees 20 minutes 59 seconds East along the west line of said tract a disnire of 689 87 feet to the north line of said quarter quarter section. 2) thencc South 88 degrees A minutes 07 second East along said north line a distance of 379 80 feet to the northeast corner of said quarter quarter section and the northeast corner of a tract ot land descnbed in a deed recorded in Deed Book 349 pabe 523 (the following two courses are along the easterly and southerly Imes of said tract) 1) thence South 00 degrees 20 minutes 55 seconds West along the east line of said quarter quarter section a distance of 445 00 feet 2) thence North 88 degrees 58 nunutes 07 seconds West a distance of 190 22 feet to the east line of the aforesaid tiact of land descnbed in Deed Book 349 page 522 thence South 00 degrees 20 nunutes 55 seconds West alon6 said east line a distance of 243 05 feet to the north line of the aforevud tract of land descnbed in a deed recorded in Deed Book 314 page 403 thence South 89 degrees 31 minutes 11 seconds East along said north line a distance of 190 21 feet to the east line of said quarter quarter section. thence South 00 degrees 20 minutes 35 seconds West along said east line a distance of 646 66 feet to the southeast corner said quarter quarter section thence North 89 degrees 30 nunutes 24 seconds West along the south line of said quarter quarter section a distance of 1275 51 feet to the east nght of way line per road plots for Cannel Project Number 04 11 for Westfield Boulevard (the following two courses are llong said east nght of wiy line) 1) thence North 00 degrees 09 minutes 06 seconds East a distance of 323 07 feet 2) thence South 89 degrees 31 minutes 11 seconds East a distance of 5 00 feet thence North 00 degrees 09 nunutes 06 seconds East a distance of 397 10 feet to the Point of Beginning containing 27 .54 icres more or less 3