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AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LAPEL, MADISON COUNTY, INDIANA AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF LAPEL, INDIANA

WHEREAS, the Town Council of the Town of Lapel, Indiana (the "Town Council"), adopted the Town of Lapel, Indiana Unified Development Ordinance (the "Unified Development Ordinance") pursuant to its authority under the laws of the State of Indiana, Indiana Code 36-7-4 et seq., as amended; and

WHEREAS, the Town of Lapel, Indiana (the "Town") is subject to the Unified Development Ordinance; and

WHEREAS, the Town of Lapel Advisory Plan Commission (the "Commission") considered a petition ("Docket 06-22"), the Woodward Place Planned Unit Development, filed with the Commission requesting an amendment to the Unified Development Ordinance and to the Zoning Map with regard to the subject real estate more particularly described in Exhibit A attached hereto (the "Real Estate");

WHEREAS, the Commission forwarded Docket 06-22, after a public hearing held on the 11th day of August, 2022, to the Town Council with a favorable recommendation by a vote of 5-0 in accordance with Indiana Code 36-7-4-608, as required by Indiana Code 36-7-4-1505;

WHEREAS, the Secretary of the Commission certified the action of the Commission to the Town Council on August 12, 2022;

WHEREAS, the Town Council is subject to the provisions of the Indiana Code 36-7-4-1507 and Indiana Code 36-7-4-1512 concerning any action on this request; and

NOW, THEREFORE, BE IT ORDIANED by the Town Council of the Town of Lapel, Madison County, Indiana, meeting in regular session, that the Unified Development Ordinance and Zoning Map are hereby amended as follows:

Section 1. Applicability of Ordinance.

1.1 The Unified Development Ordinance and Zoning Map are changed to incorporate the Real Estate into the Woodward Place Planned Unit Development District (the "Woodward Place PUD District").

1.2 The Development of the Real Estate is governed by (i) the provisions of this Ordinance and its exhibits, and (ii) the provisions of the Unified Development Ordinance as set forth herein, except as modified, revised, supplemented, or expressly made inapplicable by this Ordinance.

1.3 Cross-references of this Ordinance refer to the section as specified and referenced in the Unified Development Ordinance.

1.4 All provisions and representations of the Unified Development Ordinance that conflict with the provisions of this Ordinance are made inapplicable to the Real Estate and are superseded by the terms of this Ordinance.

Section 2. Definitions Capitalized terms not otherwise defined in this Ordinance have the meanings ascribed to them in the Unified Development Ordinance.

2.1 Street Side Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between the street side lot line and the established street side building line.

Section 3. District Plan and Concept Plan

3.1 The Real Estate within the Woodward Place PUD District is hereby divided into four (4) Districts (individually or collectively, "District"), as depicted on the "District Plan", attached as Exhibit B. Development of each District is regulated as set forth in this Ordinance. The area within each District may increase or decrease up to 15% of the area of the District.

3.2 The "Concept Plan", attached as Exhibit C, is incorporated in accordance with v12.2.3. The community design and lot layout must be substantially similar to the design show in the Concept Plan.

Section 4. Underlying Zoning District(s). The Underlying Zoning District of Each District is as follows:

  1. C1 General Commercial
  2. R2 Single-family Residential: Traditional Neighborhood District
  3. R2 Single-family Residential: Traditional Neighborhood District
  4. R2 Single-family Residential: Traditional Neighborhood District

Section 5. Permitted Uses. The following uses are permitted or prohibited within the Districts, as set forth below:

5.1 Permitted Uses in District A:

  1. The Permitted Uses listed in V6.1.2 (C1 District Permitted Uses) .
  2. Church or other Place of Worship.
  3. Community Center.
  4. Dwelling, Secondary (on upper floors of other use).

5.1 Special Uses in District A: The Special Uses listed in V6.1.2 (C1 District Special Uses), except as otherwise modified by this Ordinance.

5.3 Prohibited Uses in District A:

  1. Adult Use.
  2. Fireworks Sale (permanent).
  3. Kennel.
  4. Truck Stop / Travel Center

5.4 Permitted Uses in Districts B,C, and D:

  1. The Permitted Uses listed in V4.1.2 (R2 District Permitted Uses).
  2. Church or other Place of Worship.
  3. Community Center.

5.5 Special Uses in Districts B,C, and D: The Special Uses listed in V4.1.2 (R2 District Special Uses), except as otherwise modified by this Ordinance.

5.6 Prohibited Uses in Districts B, C and D:

  1. Retail Uses (small scale).
  2. Water Tower.

Section 6. Lot/Yard Standards. The Lot/Yard Standards of each District's Underlying Zoning District (V6.2.4 or V4.2.4) apply to the development of the Real Estate, except as otherwise modified below.

 6.1 Development Standards Matrix:

  District B
Homes
District B
Homes
District C
Cottages
District D
Fourplexes
Minimum Front Yard Setback 20'  20' 5' 5'
Minimum Street Side Setback
for Primary Structures
15'   10' 5'  5' 
Minimum Side Setback
for Primary Structures 
10'  5'  5'  5' 
Minimum Setback, Rear
for Primary Structures 
 20' 15'  5'  5' 
Minimum Lot Area  10,000 SF  4,800 SF  2,400 SF  2,700 SF 
Minimum Lot Width   100'  40' 40'  45' 
Minimum Lot Frontage  N/A  30'  N/A  N/A 
Maximum Lot Coverage  70%   70% 65%  75% 
Minimum Total Living Area (1)  600 SF 1,100 SF  750 SF  1,100SF 
Minimum Ground Floor Living Area N/A N/A N/A N/A
Maximum Number of Primary
Structures per Lot
N/A 1 N/A 1
Maximum Number of Dwelling Units
within the District (2)
N/A 55 22 20
Minimum Building Separation 10' 10' 10' 10'

 

Development Standards Matrix Notes:

(1) In District A, the Minimum Total Living Area applies to each residential dwelling unit provided in upper floors of a building.

(2) The maximum number of dwelling units within a District may increase by up to 10%.

6.2 Driveways: In all Districts, driveways are permitted over utility easements but must maintain a minimum of three (3) feet from side yard property lines.

6.3 Street Frontage: In Districts C and D, lots are not required to front upon a public street or approved private street. For lots not fronting upon a street, the front yard is determined as the narrowest lot line abutting a common area.

6.4 Variations: The Plan Commission may approve a fifteen percent (15%) reduction in any minimum development standard or fifteen percent (15%) increase in any maximum development standard specified in this Section.

Section 7. Buffer Zone/Screening Standards. The Buffer Zone/Screening Standards, as applicable to each District's Underlying Zoning District (V6.2.7 or V4.2.7), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

7.1 Interior Buffers: No buffer zones are required between the different Districts within the Real Estate.

7.2 Perimeter Buffers:

  1. Where the Real Estate abuts property zoned Po - Parks and Open Space District, Is - Institutional and Social District, or a sports-related use, no buffer zone is required. For all other conditions, a Buffer Zone 3 applies.
  2. Where existing trees are being preserved and protected in place, no additional berming or landscaping is required.
  3. Where uses within the Real Estate front an existing public street, no Buffer Zone is required.
  4. Where berming is used for all or part of the buffer zone abutting a commercial use, the requirement that the plant material be placed only on the top and exterior side slope of the berm does not apply.
  5. Where a screen wall or fence is used for all or part of the buffer zone abutting a commercial use, the requirement that the plant material be placed only on the exterior side of the wall or fence does not apply.

Section 8. Public Improvement Standards. The Public Improvement Standards, as applicable to each District's Underlying Zoning District (v6.2.9 or V4.2.9), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

8.1 Sidewalks:

  1. Sidewalks along the perimeter of the Real Estate abutting existing roadways must be at least 8 feet in width and may be constructed of concrete or asphalt.
  2. Sidewalks within the interior of the Real Estate must be at least 5 feet in width and constructed of concrete.
  3. Concrete sidewalks must be at least 4 inches thick in pedestrian areas and 6 inches thick in vehicular areas.

8.2 Street Dedications: Right-of-way along existing perimeter streets must be dedicated as noted below:

  1. Land must be dedicated to create a 40 foot wide half right-of-way the entire length of the interface of the Real Estate and SR32.
  2. Land must be dedicated to create a 30 foot wide half right-of-way the entire length of the interface of the Real Estate and S 900 W.
  3. Land must be dedicated to create a 30 foot wide half right-of-way the entire length of the interface of the Real Estate and W 200 S.

8.3 Street Construction:

  1. Improvements to existing perimeter streets is limited to the improvements needed to make safe entrances to the Real Estate, such as acceleration lanes and deceleration lanes.
  2. Interior streets must have at least a 50' wide right-of-way consisting of a 5-foot sidewalk, a 6-foot planter strip between the sidewalk and curb, a 28 foot wide street measured back-of-curb to back-of-curb, a 6-foot planter strip between the sidewalk and curb, and a 5-foot sidewalk.

8.4 Street Trees:

  1. Street trees will be provided in the planter strip between the sidewalk and the curb or edge of pavement spaced no more than 40 feet on center. The same tree species may be used along a street to create uniformity, but tree species must vary between streets.
  2. Street trees cannot be planted within 5 feet of the intersection of a street and a private residential driveway.

Section 9. Open Space Requirements. The Open Space Requirements, as applicable to each District's Underlying Zoning District (V6.2.10 or V4.2.10), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

9.1 Buffer Zones located within a larger common area may count towards the open space requirement.

9.2 The Town will permit common area walks to connect to the trail system within Woodward Park.

Section 10. Building Design and Architectural Standards. The Building Design and Architectural Standards, as applicable to each District's Underlying Zoning District (V6.2.11 or V4.2.11) do not apply to the development of the Real Estate. Instead, the following building design and architectural standards apply:

10.1 Residential Architectural Standards: All residential dwelling units in Districts B, C and D must have at least 3 exterior colors, materials, or patterns on the front facade and at least 2 exterior colors, materials, or patterns on the side and rear facades. A well-chosen selection of contrasting trim and accent colors will draw attention to architectural details.

10.2 Residential Architectural Diversity: In Districts B, C and D, to improve the architectural diversity along a streetscape, homes of the same elevation and color scheme are not permitted next to or directly across the street from each other. Additionally, the home color scheme may not be repeated for two homes on either side of the subject home and the five homes directly across the street from the subject home. Figure 1 illustrates this requirement.

See Figure 1 in Attached PDF File page 7

10.3 Commercial Architectural Standards: In District A, the following design standards apply to all new primary buildings:

  1. Buildings and structures within a single development should have complimentary architectural themes.
  2. All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building being served.
  3. Each building facade visible from a street or orientated to an adjoining residential district must be:
    • 100% masonry materials, excluding window, door, roofing, fascia, and soffit materials: or
    • Incorporate two or more building materials, excluding window, display window, door, and roofing materials, provided 60% of the building facade is masonry materials.
    • For all other building facades, up to 25% of the facade, exclusive of windows (including faux windows and glazing), doors and loading berths, may be covered with metal, fiber cement siding, polymeric cladding, E.I.F.S., stucco, or vinyl exterior building materials.
    • The exterior building material selection for all building facades, must be further enchanced with: (i) the use of multiple colors, multiple textures (e.g. rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g. quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.).
    • Loading spaces, loading docks, or oversided service doors are prohibited on building facades facing public streets. However, if all building facades are determined to be facing public streets, then loading spaces, loading docks, or oversided service doors may be permitted on the facade least visible from a public street.
  4. All building facades visible from an adjacent street must be constructed with the same building material quality and level of architectural detail.
  5. All building facades must have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated, cornice or molding. Building facades 90 feet or greater in length must have offsets at intervals no greater than 60 feet apart. Buildings less than 10,000 square feet in gross floor area must have offsets at no more than 40-foot intervals. Offsets can project or recess. They must extend the entire vertical plane of the building facade. The offset must be at least 2 feet in depth and at least 20% of the overall building facade length. Architectural elements (e.g. arcades, columns, piers, etc.) meeting the offset requirements may be used to fulfill this requirement.
  6. Gutters and downspouts must be visually integrated with the architectural style of the structure. The color of gutters and dounspouts should complement or be consistent with the building materials.
  7. Pitched roof designs must have a main roof with a minimum 5:12 pitch, contain 30 or more roof slope planes, and be covered with high quality roofing materials such as natural clay tiles, slate, concrete tiles (with natural texture and color), high quality standing seam metal roofing, wood shake or shingles (with adequate fire protection), three-dimensional asphalt or fiberglass shingles.
  8. Metal roofs must have a low-gloss finish to reduce glare.
  9. Flat roof designs must be edged by a parapet wall with an articulated, three-dimensional cornice or molding. Parapet walls must be fully integrated into the building's architectural design to create seamless transitions between the main building mass and roof-mounted architectural elements. Modulation or variation of the roofs and/or roof lines is required to eliminated the appearance of box-shaped buildings. Flat roofs are prohibited for one story buildings unless otherwise approved by the Plan Commission after consideration of the building architecture, context, and sensitivity to the character of the area.
  10. All visible vents, attic ventilators, turbines, flues, and other visible roof penetrations but be painted to match the color of the roof or flat back; and orientated to minimize their visibility from adjacent lots and streets.
  11. Building entrances must be clearly defind and articulated by multiple architectural elements such as lintels, pediments, pilasters, columns, awnings, porticos, and other design elements appropriate to the architectural style and details of the building. The location, orientation, proportion, and style of doors must complement the style of the building.
  12. Window designs must be compatible with the style, materials, color, details, and proportion of the building. The number of window panes, the number of window openings, window trim and other design elements to accent the windows must be consistent and complementary to the architectural style of the building.
  13. Window trim and other design elements to accent the windows are required for all windows. Acceptable design elements include shutters, keystones, masonry arches, awnings, decorative stone frames, masonry rowlock frames, or other trim or design elements as approved by the Plan Commission or Administrator.
  14. Fixed or retractable awnings are permitted if they complement the building's architectural style, material, colors, and details. Awnings must be made of a non-reflective material kept in good repair. Awnings used to comply with the architectural design requirements of this Ordinance cannot be removed unless the building facade otherwise complies with the architectural design requirements without the awnings.
  15. The support structures for gasoline service station canopies must be wrapped in material(s) complementing the principal building and the canopy roof materials must match the color and texture of the principal building. To reduce the visual impact of the canopy, the clearance between the underside of the canopy and ground cannot exceed 16 feet and the canopy facia cannot be more than 30 feet wide.

10.4 The Plan Commission or Zoning Administrator may adjust or waive the above requirements to allow a cohesive design consistent with the architectural style of the building and the intent of these regulations.

Section 11. Lighting Standards. The Lighting Standards, as applicable to each District's Underlying Zoning District (V6.2.12 or V4.2.12), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

11.1 Street Lighting Standards: Street lights are required at access points to existing perimeter streets. Streets internal to the development are illuminated by dust-to-dawn lights installed on each of the primary buildings.

Section 12. Environmental Standards. The Environmental Standards, as applicable to each District's Underlying Zoning District (V6.2.12 or V4.2.13), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

12.1 Retention, Detention, and Pond Edges: The requirements for natural plantings required in V6.2.13(M) and V3.2.12(M) do not apply.

Section 13. Parking Standards. The Parking Standards, as applicable to each District's Underlying Zoning District (V6.2.15 or V4.2.15), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

13.1 A parking space may be located within a utility easement.

Section 14. Entrance/Drive Standards. The Entrance/Drive Standards, as applicable to each District's Underlying Zoning District (V6.2.17 or V4.2.16), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

14.1 The requirements of V4.2.16(G) do not apply to driveways for residential dwellings (both individual driveways and shared driveways).

14.1 The requirements of V4.2.16(I) do not apply to driveways for residential dwellings (both individual driveways and shared driveways).

Section 15. Fence and Wall Standards. The Fence and Wall Standards as applicable to each District's Underlying Zoning District (V6.2.25 or V4.2.24), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

15.1 Fences and walls may be placed on the property line, even within a required Buffer Zone.

Section 16. Landscaping Standards. The Landscaping Standards, as applicable to each District's Underlying Zoning District (V6.2.26 or V4.2.25), apply to the development of the Real Estate, except as otherwise modified by this Ordinance.

16.1 Interior Planting Requirements: The planting requirements of V6.2.26(D) V4.2.25(H)(i) do not apply.

16.2 Installation and Maintenance Provisions: The provisions of V6.2.26(H)(i) and V4.2.25(H)(i) do not apply.

Section 17. Large Scale Retail Standards. The Large-Scale Retail Standards of V6.2.27 do not apply. They are superseded by Section 10.3 of this Ordinance.

Section 18. Major Subdivision Standards. The standards of V12.1.6 Major Subdivision Principles and Design Standards and V12.1.7 Major Subdivision Construction Standards, as applicable, shall apply to the development of the Real Estate unless otherwise modified by this Ordinance. All provisions of V12.1.6 and V12.1.7 that conflict with the provisions of this Ordinance and its Concept Plan are made inapplicable to the Real Estate and are superseded by the terms of this Ordinance.

18.1 Lot Standards: The requirements that each lot must abut a public street does not apply. The requirement that a corner lot has a front setback where abutting a street does not apply. For corner lots, the narrowest frontage abutting a street is considered a front yard and the other frontage abutting a street is considered a street side yard.

18.2 Block Standards: The block length requirements do not apply.

All of which is adopted this 15th day of SEPTEMBER, 2022 by the Town Council of the Town of Lapel Indiana.

See attachment for exhibits and additional files.

 

Attached Files

Further Information

8-2022
Date Passed: 9/15/2022