Z-556-12 The Lakes at Towne Road III PUDSPONSORS: Councilors Rider and Sharp
ORDINANCE Z- 556 -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, ESTABLISHING
THE LAKES PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Cannel /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 "Lakes Ordinance ") which establishes Lakes Planned Unit Development
District ( "the Lakes District" or "District ") with respect to the real estate legally described in
what is attached hereto and incorporated here in by reference as Exhibit 1 (the "Real Estate ").
NOW, THEREAFORE, BE IT ORDAINED by the Council, that (i) pursuant to I.C. §
36 -7 -4 -1500 et seq., it adopts the Lakes Ordinance, as an amendment to the Zone Map, (ii) all
prior ordinances or parts thereof inconsistent with any provision of this Lakes 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and superseded by this Lakes Ordinance, and (iv) this Lakes Ordinance shall be in full force and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 Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as Lakes District.
Section 1.2 Development in the Lakes District shall be governed entirely by (i) the
provisions of this Lakes Ordinance and its exhibits, and (ii) those provisions of the
Zoning Ordinance specifically referenced in the Lakes Ordinance. In the event of a
conflict or inconsistency between this Lakes Ordinance and the Zoning Ordinance, the
provisions of this Lakes Ordinance shall apply.
Section 1.3 Any capitalized term not defined in Section 2 of this Lakes PUD shall
have the meaning as set forth in the Zoning Ordinance in effect on the date of the
enactment of this Lakes Ordinance.
Section 1.4 All violations of this Lakes Ordinance shall be subject to Section 34.0 of
the Zoning Ordinance.
1
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 Lakes 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 definition shall apply throughout this Lakes
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.
Accessory 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.
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 caves and ridges for gable, hip and gambrel roofs.
BZA: The City's Board of Zoning Appeals.
City: The City of Carmel, Indiana.
Commission: The Carmel Plan Commission.
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 Indiana Land Development until such time as
Indiana Land Development 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, Indiana Land Development 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)
2
establish a committee of individual owners of the Real Estate within the Real
Estate to act as a Controlling Developer with respect o 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 Carmel, Indiana.
Declaration(s) 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 Lakes 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 facade of a Dwelling and to the street in front of the primary front
facade of the Dwelling.
Masonry: Brick, stone, manufactured or synthetic stone, and stucco.
Open Space: Open space shall comprise 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 designed by the Controlling Developer
for the use and enjoyment of some or all of the residents of the Lakes District.
Except as otherwise provided herein, open space does not include any area which
is divided into building lots or streets. Open Space shall be in the areas identified
on the Concept Plan Exhibit 2
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Primary Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate: The Real Estate legally described in Exhibit 1, and comprising 9.571
acres, more or less.
Sign: Any type of sign as further defined and regulated by this Lakes Ordinance
and the Sign Ordinance, contained within the Zoning Ordinance.
Zone Map: The City's official Zone Map Corresponding to the Zoning
Ordinance.
Zoning 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 Lakes 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. All Accessory Structures and
Accessory Uses shall be subject to the provisions to Chapter 25.01 of the Zoning Ordinance.
Section 4. Development and Architectural Standards.
Section 4.1 The development and architectural standards applicable to all Dwellings
are specified in the Site Requirement Matrix Exhibit 3.
Section 4.2 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Dwellings are contained within Exhibit 4.
Section 5. Open Space. Open space shall comprise a minimum of 4 acres and shall be in
the areas identified on the Primary Plat Exhibit 2.
Section 5.1
The Open Space Plan conceptually illustrates the District's
larger areas of Open Space. The intent of Open Space is to allow for a
balance between natural areas and the built environment and to provide for
the overall beautification of the District.
Section 5.2 A minimum of 4 acres of the District shall be allocated to
Open Space as conceptually illustrated on the Open Space Plan.
Section 5.3
Tree Preservation Areas. The District's Natural Open Space shall include
Tree Preservation Areas. Tree Preservation Areas shall be delineated as
part of a Preliminary Plat approval and recorded with the Secondary Plat.
Tree Preservation Areas shall be regulated and maintained in accordance
with the following:
A. The following best management practices should be implemented:
4
(i)
Removal of invasive species (e.g. bush honeysuckle) where
appropriate. (If after the application of herbicide treatment
after the removal of invasive species to prevent from
growing back should occur, then such applications should
be done under the oversight of a professional.)
(ii) Removal of an overabundance of combustible material (e.g.
dead, fall trees and leaves).
(iii) Removal of vines growing on and up a tree when tree
growth is affected.
(iv) Completing all maintenance activities following industry
standard using the latest American National Safety Institute
(ANSI) Z -33 and A -300 approved practices and methods.
B. The following types of activities shall be permitted:
(i) Planting of native trees, pursuant to the Indiana Native Tree List
provided by the City's Urban Forester.
(ii) Removal of hazardous, exotic and invasive vegetation, pursuant to
the Indiana Exotic and Invasive Plant List provided by the City's
Urban Forester.
(iii) Removal of trees directed to be removed by municipal, county,
state or federal authority.
(iv) Installation of access easements, right -of -way, street, paths, trails,
sidewalks, utilities and drainage improvements, and minor
pedestrian area improvements (e.g. benches, trash receptacles,
creek overlook areas). Community Amenities may be permitted
upon review and approval by City's Urban Forester. If appropriate
and where feasible, said improvement areas should be limited to
perpendicular crossings across Tree Preservation Areas and /or
excluded from delineated Tree Preservation Areas.
C. The following types of activities shall not be permitted
unless otherwise approved by the City's Urban
Forester:
(i)
Removal of living vegetation other than exotic and invasive
vegetation and hazardous trees except to accomplish items listed in
Section 12.5(B)(iv) of this Ordinance.
(ii) Mowing any portion of the existing, naturally vegetated Tree
Preservation Area, except for along trails, points of access or
gathering points.
5
(iii) Dumping of leaves or debris from areas other than the Tree
Preservation Area.
(iv) Seeding; including grass seed, prairie mix seed, sod or the planting
of any type of vegetable garden unless otherwise approved by the
City's Urban Forester.
(v) Activities that adversely impact the health, structure or integrity of
a designated tree preservation area, including but not limited to:
active recreational activities requiring the placement of playground
equipment, paving for basketball or tennis courts and swimming
pools.
D. The following requirements shall apply:
(i)
Tree preservation areas must be easily and permanently
identifiable as a tree preservation area through permanent signage
posted every five hundred (500) feet around the perimeter of all
tree preservation areas. The design and location of such signs shall
be coordinated with the City's Urban Forester.
(ii) Barriers shall be used to protect tree preservation areas during site
development. Barriers shall be specified on landscape plans and
shall be placed beyond the preserved trees dripline, in accordance
with the tree preservation details provided by the City's Urban
Forester. Such barriers shall remain in place during the site's
construction activity.
(iii) The Urban Forester shall be contacted for any disputed activity
within the tree preservation area. The Urban Forester shall provide
resolution to disputed activity, which may include:
(a) Removal of trees that are host to an aggressive, life
threatening disease or pest that may pose a threat to the
vitality of the rest of the forest.
(b) Mowing and bush- hogging.
(c) Planting of new or replacement trees.
Section 6. Landscaping Requirements. The landscaping in the Lakes District shall be
specified in Exhibit 5 (the Landscape Plan).
6
Section 6.1. Landscaping shall be in accordance with the following:
A. General Landscaping (Section 11.2)
B. Street Trees (Section 11.3)
C. Foundation and Lot Plantings (Section 11.6)
Section 6.2. General Landscaping Standards. Landscaping shall be integrated, where
appropriate, with other functional and ornamental site design elements (e.g. hardscape
materials, entryway monumentation, paths, sidewalks, fencing, or water features).
A. Landscaping should be designed with repetition, structured patterns, and
complementary textures and colors. Alternate or pervious paving materials or
alternative planting media is permitted where planting space is limited or
where otherwise warranted by the site design.
B. All plantings to be used in accordance with any landscaping requirement
of this Ordinance shall meet the following specifications:
(i)
All trees, shrubs and ground covers shall be planted according to
the American Standard for Nursery Stock (ANSI Z60.1) and
following the standards, including planting details, provided by the
City's Urban Forester. Landscaping materials shall be appropriate
to local growing and climatic conditions.
(ii) Shade trees shall be a minimum of two and one half (2.5) inches
caliper at planting.
(iii) Ornamental trees shall be a minimum of one and one half (1.5)
inches caliper at planting.
(iv) Evergreen trees shall be a minimum height of six (6) feet at
planting.
(v) Shrubs shall be a minimum height of eighteen (18) inches at
planting.
(vi) Evergreen trees may be substituted in lieu of shrubs required by
the Ordinance on a 1:3 basis (one tree equals three shrubs).
7
C. Existing vegetation may be used to achieve required landscaping if:
(i)
The vegetation located on the subject parcel is of suitable quality,
size and state of health to achieve required landscaping.
(ii) The vegetation is proposed to be preserved using accepted best
management practices for tree protection during construction. The
preservation of existing vegetation shall constitute an in -kind credit
toward meeting the landscape requirements of this Ordinance. A
credit, which value shall be determined in consultation with the
City's Urban Forester, shall be given per tree that contributes to
and satisfies similarly the intent of a particular section of this
Ordinance.
D. All landscaping approved as part of an ADLS plan shall be installed,
weather permitting, prior to issuance of a Certificate of Occupancy by the
Department. If it is not possible to install the approved landscaping
because of weather conditions, the property owner shall request a
temporary Certificate of Occupancy prior to the issuance of the Final
Certificate of Occupancy, which shall be conditioned upon a determined
time to complete the installation of the uninstalled landscape material.
E. All landscaping approved as part of an ADLS plan may not later be
substantially altered, eliminated or sacrificed without first obtaining
further Plan Commission approval. However, minor material altercations
in landscaping may be approved by the Director or his designee in order to
conform to specific site conditions.
F. It shall be the responsibility of the property owners and their agents to
insure proper maintenance of all trees, shrubs and other landscaping
required by this Ordinance. This is to include, but is not limited to,
replacing dead plantings with identical varieties or a suitable substitute,
mulching of planting areas, and keeping the area free of refuse, debris,
rank vegetation and weeds.
G. Landscaping shall be prohibited within the Vision Clearance on Corner
Lots.
Section 6.3. Street Trees.
A. Shade trees shall be planted parallel to each public street and within the street
right -of -way pursuant to the City's published street tree planting
specifications.
8
B. Street trees species shall be selected from the City's published list of
recommended street trees and shall be planted a minimum of thirty (30) feet
and a maximum of fifty (50) feet on center.
C. When an appropriate street tree size has been achieved, as determined by the
City's Urban Forester, street trees shall be pruned to a height of eight (8) feet
minimum over sidewalks and twelve (12) feet minimum over streets, to all
free passage along the sidewalk.
D. No street tree shall be planted in conflict with drainage or utility easements or
structures, underground detention (unless so designed for that purpose).
However, where the logical location of proposed utilities would compromise
the desired effect, the Developer may solicit the aid of the City's Urban
Forester in mediating an alternative.
Section 6.4. Perimeter Landscaping Adjacent to Public Right -of -Way. Perimeter
landscaping along the perimeter abutting rights -of -way shall be provided pursuant to this
section. Perimeter landscaping shall not be planted within the public right -of -way.
Perimeter landscaping shall be pursuant to Chapter 26.04 of the Zoning Ordinance.
Landscaping within adjacent Common Areas may be used toward the bufferyard
requirement. Existing Tree Preservation Areas may also be used toward the bufferyard
requirement as approved by the Urban Forester.
Section 6.5. Perimeter Landscaping Not Adjacent to Public Right -of -Way. The
bufferyard types shall be pursuant to Chapter 26.04 of the Zoning Ordinance.
Section 6.6. Foundation and Lot Plantings.
A. Design Intent. Foundation and lot plantings are used to:
(i) soften the architectural lines of Buildings.
(ii) Frame the primary views to Buildings and public spaces.
(iii) Blend architectural designs with the landscape design.
Landscaping shall be designed to appropriately complement a Building's
use, set back, height, and architectural features. Window boxes for
flowers and planters on front stoops and sidewalks are encouraged in areas
where landscaping cannot be installed at the foundation of a Building due
to the Building's proximity to a sidewalk, path, street, right -of -way or
easement.
B. Single- Family Dwellings. The following planting requirements apply to
all Single - family Dwellings:
9
Section 7.
twelve (12).
(i)
Lots between six thousand (6,000) and fifteen thousand (15,000)
square feet shall be required to plant two (2) trees in the front yard.
If there is not sufficient area for the tree to be placed in the front
yard, then the required tree(s) may be planted in a side yard.
(ii) All lots shall have a minimum of seven (7) shrubs and /or
ornamental grasses along the foundation facing a street. Corner
lots shall install seven (7) shrubs per side facing a street.
Maximum Unit Limitation. The total number of Dwellings shall not exceed
Section 8. 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.
Section 9. Approval Process.
Section 9.1. Approval or Denial of the Primary 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 the
Commission for primary plat approval.
B. Secondary Plat Approval. 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 Lakes 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 9.2. Modification of Development Requirements.
A. The Commission may, upon petition of the Controlling Developer,
modify any requirements specified in this Lakes 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.
10
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 Requirement shall
comply with the following guidelines:
1. The modification shall be in harmony with the purpose and
intent of this Lakes Ordinance.
2. The modification shall not have an adverse impact on the
physical, visual, or spatial characteristics of the Lakes 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 appearance of Lakes District.
5. The minimum lot size of any lot to be created shall not be
reduced below the requirements of this Lakes 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 Lakes 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 Lakes 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 the Lakes Ordinance.
Section 10. Controlling Developer'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;
11
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 Lakes Ordinance.
Section 11. Signage A monument sign as depicted in Exhibit 6 will be constructed at the
entrance to the District from Towne Road as approved by the Director. Illumination of said sign
shall be from a source external to such signage and shall meet the requirements of Article 25.07
of the Zoning Ordinance.
PASSED by the Common Council of City of Carmel, Indiana this day of atdt
2012, by a vote of 7 ayes and O nays.
12
COMMOI\1 COUNCIL FOR THE CITY OF CARMEL
Presidi g Officer Kevin D. Rider
Richard L. S arp, President Pro Tempore
Ronald E. Carter
ATTEST:
4.
Diana L. Cordray, IAMC, Clerk ( asurer
0A61kob
Carol Schleif U
W. Eric Serflensticker
uci S
er
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2012,at9 :CO P.M.
Diana L. Cordray, IAMC, Clerk - Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this 4day of
'.00 p
2012, at 9 T .M.
ATTEST:
Diana L. Cordray, IAMC, Clerk- reasurer
s Brainard, Mayor
This Instrument prepared by: Leo J. Dierckman, 630 West Carmel Drive, Carmel, IN 46032
13
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE OFFICIAL ZONING MAP OF CARMEL /CLAY TOWNSHIP TO
INCLUDE THE LAKES AT TOWNE ROAD III PUD
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 556 -12
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 12040016 Z;
The Lakes at Towne Road III PUD rezone) of the City of Carmel, petitioning the Commission for a
favorable recommendation to rezone property generally located at 13336 Towne Rd. front S -1 to PUD.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on May 15, 2012, the Carmel Plan Commission voted eleven (11) in
Favor, zero (0) Opposed, zero (0) Abstaining to forward to the Common Council the proposed Ordinance
Z- 556 -12 with a FAVORABLE recommendation.
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 from the date of this Certification (May 25, 2012) is Thursday, August 23,
2012.
ATTE T:
Rat.-lona Hancock, Secretary
Carmel Plan Commission
Dated: May 25, 2012
CARMEL PLAN COMMISSION
2012 -0525: Z- 556 -12 Lakes at Towne Road 111 PUD PC Certification.doc
OS :II MI/