(A) Intended purpose. The Kingston Ridge Planned Unit Development District (“Kingston Ridge”) is intended to be designed as a diverse residential community defined by the careful planning of open space, the creation of a unique and identifiable community, and meeting of the residential market needs of the Town of Lowell. Kingston Ridge will provide four types of residential homes, specifically, maintenance-free traditional townhomes, maintenance-free cottage homes, single-family homes without a basement, and single-family homes with a basement. Kingston Ridge will be interconnected using trails, open spaces, and recreational areas, together with a pool and pool house, creating a unique community in the Town of Lowell.
(B) Location and legal description. The Kingston Ridge Planned Unit Development District is a 152-acre property situated between Austin Avenue and Cline Avenue on the east and south of State Road 2, in the Town of Lowell, Lake County, Indiana. The property is legally described as follows:
Being a subdivision of the north half of the southeast quarter (except the north 685 feet of the east 600 feet thereof) and the northeast quarter of the southwest quarter and the southwest quarter of the southeast quarter, all in Section 27, Township 33 North, Range 9 west of the 2nd principal meridian in Lake County, Indiana.
(C) District map and district areas.
(1) The Kingston Ridge District Map is incorporated in and a part of the Kingston Ridge Development Plan, which is on file with the Building Department, and outlines the four individual areas of Kingston Ridge, specifically:
(a) “Area A.” Lots 367-378 consisting of 68 traditional townhomes in area A on a minimum of 156-foot wide lots.
(b) “Area B.” Lots 218-243 and 312-366 consisting of 84 maintenance-free “cottage” detached homes in Area B on a minimum of 63-foot wide lots.
(c) “Area C.” Lots 244-31 1 consisting of 68 traditional single-family detached homes in Area C on a minimum of 63-foot wide lots.
(d) “Area D.” Lots 1-217 consisting of traditional single-family detached homes in Area D on a minimum of 70-foot wide lots.
(2) References throughout this PUD section to the four district areas identified as Area A, Area B, Area C, and Area D shall refer to the style of home and identified lot numbers stated herein and as shown on the Kingston Ridge District Map. All other areas within Kingston Ridge identified on the Kingston Ridge District Map, but not included in Area A, B, C, or D, shall comply with the uses and standards for Kingston Ridge Area D, unless otherwise stated.
(D) Supplemental zoning provisions. The zoning provisions established herein constitute the Plan of PUD for the Kingston Ridge Planned Unit Development District Ordinance and govern the development as a whole and the final development plan approval process. Any provisions not specified herein are governed by the applicable provisions otherwise specified in the Town of Lowell Code of Ordinances and the Standard Specifications for the Construction of Public Facilities in the Town of Lowell, as both may be amended from time to time, for an R4 zoning district (applicable to Area A, only) and an R2 zoning district (applicable to Area B, Area C, Area D, and all other areas within Kingston Ridge). Additionally, the definitions set forth in the Town of Lowell Code of Ordinances, as amended from time to time, shall govern unless otherwise defined in this PUD ordinance.
(E) Definitions. The definitions in this division (E) shall apply to the interpretation of the provisions of this Kingston Ridge Planned Unit Development District Ordinance and the Town of Lowell Code of Ordinances as applied to property owners and lots within Kingston Ridge, even when the definition herein affects the applicability of the Town of Lowell Code of Ordinances as generally applied.
(1) ACCESSORY STRUCTURE. A structure which is subordinate to the primary residential structure in area, intent, and purpose; is located on the same lot as the residential structure; is principally above ground and has a roof and at least two walls. The term ACCESSORY STRUCTURE shall include: detached garages, carports, pool houses, gazebos, sheds, minibarns, prefabricated buildings, dumpsters, storage units, shipping containers, and other like structures. The term ACCESSORY STRUCTURE shall not include: pools, swing sets, mailboxes, lamp posts, dog houses, tree houses, antennas, satellite dishes, radio towers, flag poles, display signs, patios, decks, platforms, fences, and other such incidentals, except as otherwise stated in this section.
(2) CORNER LOT. A lot that is abutting the intersection of two public roadways and is bounded on two sides by said roadways. A CORNER LOT has a single front yard abutting the public roadway, an interior side yard, an exterior side yard adjacent to the public roadway, and a single backyard.
(3) FRONT YARD. The area directly in front of the primary residential structure, between the front of the residential structure and the public roadway it faces. A lot in Kingston Ridge has only one front yard, regardless of whether the primary residential structure is located on an interior lot or a corner lot.
(4) INTERIOR LOT. A lot that is bounded by a Kingston Ridge dedicated public roadway on the front side, only. An interior lot has a single front yard abutting a Kingston Ridge dedicated public roadway, two interior side yards, and a single backyard. A lot in Kingston Ridge is an interior lot even if the back yard abuts a non-Kingston Ridge dedicated public roadway.
(F) Uses.
(1) Permitted uses.
(a) Single- family dwelling;
(b) Child day-care home;
(c) Home occupation Type 1 (in accordance with § 155.84) - The owner of property is permitted to conduct business out of the home; however, employees, customers, clients, business visitors, or the like, are prohibited;
(d) Residential facility for developmentally disabled/mentally ill.
(2) Special uses. There are no special uses contemplated.
(3) Prohibited uses. All uses are prohibited that are not specifically permitted herein.
(G) Developmental standards and provisions.
(1) District standards.
(a) Lot disposition.
Lot Disposition | Area A (Lots 367 - 378) | Area B (Lots 218 - 243; 312 - 366) | Area C (Lots 244 - 311) | Area D (Lots 1 - 217) |
Lot area (min.) | 21,684 sq. ft. | 7,875 sq. ft. | 7,875 sq. ft. | 8,750 sq. ft. |
Lot width (min.) | 156 feet | 63 feet | 63 feet | 70 feet |
Lot coverage (min.) | (1) 45% max. in all areas; (2) The impervious surface calculation shall include the total lot coverage for the primary structure + garage, all accessory structures, in-ground pools, decks, patios, platforms, driveways and other flatwork, and other like surfaces. | |||
Lot frontage (min.) | 126 feet | 55 feet | 42 feet | 46 feet |
(b) Building disposition - primary structure.
Primary Structure
|
Area A (Lots 367 - 378) | Area B (Lots 218 - 243; 312 - 366) | Area C (Lots 244 - 311) | Area D (Lots 1 - 217) |
Primary Structure
|
Area A (Lots 367 - 378) | Area B (Lots 218 - 243; 312 - 366) | Area C (Lots 244 - 311) | Area D (Lots 1 - 217) |
Front setback | 25 feet min. front setback in all Areas | |||
Side setback - Interior lot | (1) 10 foot min on each side; (2) Shall not be located in any easement | (1) 6 feet min. on each side; (2) Shall not be located in any easement | (1) 7 feet min. on each side; (2) Shall not be located in any easement | |
Side setback - Corner lot | (1) 25 foot min. from lot line on exterior/street side; (2) 10 foot min. from interior lot line; (3) Shall not be located in any easement | (1) 25 foot min. from lot line on exterior/street side; (2) 6 foot min. from interior lot line; (3) Shall not be located in any easement | (1) 25-foot min. from lot line on exterior/stree t side; (2) 7 foot min. from interior lot line; (3) Shall not be located in any easement | |
Rear setback | (1) 25 foot min. rear setback in all Areas; (2) Shall not be located in any easement | |||
Living area (min.) excluding garage | 1,717 sq. ft. per 2-story unit | 1,224 sq. ft. per Single Story unit | (1) 1,866 sq. ft. for a single story; (2) 2,052 sq. ft. for a 2 story | (1) 1,866 sq. ft. for a single story; (2) 2,052 sq. ft. for a 2 story |
Ground floor area (min.) | 822 sq. ft. per unit | 1,224 sq. ft. | 906 sq. ft. | 991 sq. ft. |
Number of primary structures | Only one permitted in all Areas | |||
Primary structure height (max.) | 35 ft./ 2 story | Single story | 35 ft. / 2 story | 35 ft. / 2 story |
Garages | (1) Attached garages only, are permitted; (2) Detached garages are prohibited | (1) Attached garages only, are permitted; (2) Three-car garages are prohibited; (3) Detached garages are prohibited | (1) Attached garages only, are permitted; (2) Detached garages are prohibited | |
Mobile/Manufactur ed homes | Prohibited in all Areas | |||
(c) Building disposition - accessory structures.
Accessory Structures | Area A (Lots 367 - 378) | Area B (Lots 218 - 243; 312 - 366) | Area C (Lots 244 - 311) | Area D (Lots 1 - 217) |
Accessory Structures | Area A (Lots 367 - 378) | Area B (Lots 218 - 243; 312 - 366) | Area C (Lots 244 - 311) | Area D (Lots 1 - 217) |
Front setback | Accessory structures are prohibited | Accessory structures are prohibited | (1) Shall be located 10 ft. min. behind and to the rear of the primary structure; (2) Shall not be located in any easement. | |
Side setback - all lots | (1) 5 ft. min. side setback on each side; (2) Shall be located 10 ft. min. behind and to the rear of the primary structure; (3) Shall not be located in any easement. | |||
Rear setback | (1) 5' rear setback; (2) Shall not be located in any easement; (3) Placement in rear quarter of lot not required. | |||
Living area (min.) excluding garage | 120 sq. ft. | |||
Ground floor area (min.) | 120 sq. ft. | |||
Number of accessory structures | Only one permitted | |||
Primary structure height (max.) | 10 ft. / Single story | |||
(2) Buffer yard standards. No buffer yards are required.
(3) Environmental standards.
(a) Bushes, trees, plants, or other landscaping shall not be located within 20 feet of the high-water line in a wet bottom pond;
(b) Notwithstanding the above, the Environmental Standards set forth in § 155.078, as amended from time to time, shall apply.
(4) Parking standards.
(a) Two off-street parking spaces a minimum of 10 feet wide x 20 feet long, each, are required on every residential lot, excluding the garage;
(b) All parking surfaces shall be concrete material;
(c) Notwithstanding the above, the Parking Standards set forth in § 155.080, as amended from time to time, shall apply.
(5) Entrance/drive standards.
(a) Entrance drives shall be a minimum width of 20 feet and a maximum width of 24 feet at the right-of-way;
(b) All driving surfaces on residential lots shall be concrete at a thickness of six inches PCC (portland cement concrete) over six inches aggregate subbase;
(c) All aprons (residential and non-residential) shall be concrete at a thickness of six inches PCC (portland cement concrete) over six inches aggregate subbase;
(d) Asphalt driveways and aprons are prohibited on residential lots;
(e) Notwithstanding the above, the Entrance Drive Standards set forth in § 155.082, as amended from time to time, shall apply.
(6) Sight visibility standards.
(a) The property owner is responsible for pruning and other maintenance of parkway trees on their lot, including but not limited to maintaining a 3 ft. x 8 ft. clear distance height requirement;
(b) Refer to Kingston Ridge Landscape Plan as the controlling document for any clarifications on special circumstances not listed herein;
(c) Notwithstanding the above, the Sight Visibility Standards set forth in § 155.083, as amended from time to time, shall apply.
(7) Temporary structures. The Temporary Structures Standards set forth in § 155.089, as amended from time to time, shall apply.
(8) Flatwork standard.
(a) The location of flatwork on a residential lot may abut the property line;
(b) No flatwork shall be located in any easement.
(9) Fence and wall standards.
(a) Area A and Area B. Fences and walls are prohibited.
(b) Area C and Area D.
1. Fences and walls shall not exceed six feet in height beginning from the front building line and extending to the rear boundary;
2. Fences and walls shall not exceed three feet in height beginning from the front building line and extending to the public right-of-way in the front yard;
3. Fences and walls on corner lots and interior lots may be erected on the property line unless the property line crosses or abuts a public right-of-way, then the fence must be set-back five feet from the public right-of-way;
4. Chain-link fences are prohibited;
5. Fences and walls may be located in an easement unless the specific easement provisions, or state or federal law prohibit such placement;
6. Election to place a fence or wall in an easement shall be a waiver of liability if the town or a party having a beneficial interest in the easement must remove the fence to access the easement;
a. The town or the party having a beneficial interest in the easement may require the fence or wall to be removed upon three days written notice to the property-owner, or as provided in the easement or other governing document, whichever is earlier;
b. In the event of an emergency, the town or the party having a beneficial interest in the easement may remove the structure without notice;
c. In the event the structure is not removed, the town or the party having a beneficial interest in the easement may remove the fence or wall and cause the materials to be stacked upon the property;
d. Fence or walls placed near a drainage easement must not impede the flow of storm water. In the event the flow of storm water is impeded, the town shall have the rights set forth above to mitigate or alleviate such condition.
(c) Notwithstanding the above, the Fence and Wall Standards set forth in § 155.090, as amended from time to time, shall apply.
(10) Pool standards.
(a) Area A and Area B. Pools are prohibited.
(b) Area C and Area D.
1. In-ground pools, only, are permitted;
2. In-ground pools shall be located 10 inches minimum behind and to the rear of the primary structure;
3. Five fee minimum side setback on each side;
4. Five fee minimum rear setback;
5. In-ground pools shall not be located in any easement;
6. Above-ground pools are prohibited.
(11) Landscaping standards.
(a) Area A. Every lot owner shall plant and maintain one tree in the parkway per 45 linear feet of road frontage, and a minimum of five shrubs and one tree in the non-parkway area of the lot;
(b) Area B, Area C and Area D.
1. Every interior lot owner shall plant and maintain one tree in the parkway, and a minimum of seven shrubs and one shade tree in the non-parkway area of the lot;
2. Every corner lot owner shall plant and maintain three trees in the parkway, and a minimum of seven shrubs and one shade tree in the non-parkway area of the lot;
(c) Refer to Kingston Ridge Landscape Plan as the controlling document for any clarifications on special circumstances not listed herein;
(d) Notwithstanding the above, the Landscaping Standards set forth in § 155.091, as amended from time to time, shall apply.
(12) Outdoor lighting standards. The Outdoor Lighting Standards set forth in § 155.093, as amended from time to time, shall apply.
(13) Streetscape Standards. The Streetscapes Standards set forth in § 155.094, as amended from time to time, shall apply.
(14) Wind energy conversion system standards. The Wind Energy Conversion System Standards set forth in § l55.095, as amended from time to time, shall apply.
(15) Sign standards. The Sign Standards set forth in §§ 155.100 through 155.104, as amended from time to time, shall apply.
(16) Garbage cans.
(a) Garbage cans are permitted in the parkway or on the side of the roadway only 24 hours before and 24 hours after the scheduled garbage pick-up day;
(b) At all other times, garbage cans are prohibited from being in the public view. Garbage cans shall be stored inside a town-approved structure or shall be located behind the front building setback line and screened on at least two sides so it cannot be seen from the public right-of-way.
(17) Outdoor holiday lights and décor. All outdoor holiday lights and décor, including light clips, may be put up 30 days before each holiday and shall be removed within 30 days after each holiday.
(18) Animals. The keeping and maintaining of animals shall comply with Chapter 92 of the Lowell Code of Ordinances, as amended from time to time.
(H) Public facilities. The standard specifications for the construction of public facilities in the town shall apply to Kington Ridge except for the following modified provisions:
(1) Detention basin design requirements. All detention basins shall be separated from any road right-of-way by at least 25 feet.
(2) Cul de sac design requirements. The maximum length of all cul-de-sacs shall be 425 feet measured along the centerline from its intersection with the centerline of another street to the center of the turnaround right-of-way.
(I) Building permits and improvement location permits. Written approval from the developer or the HOA for the requested permit shall be submitted to the town simultaneously with the filing of a permit application. No permit application will be accepted for filing by the Building Department without the applicable developer or HOA's written approval.
(J) Variances from development standards or uses. Written approval from the developer or the HOA for a variance from the Kingston Ridge Planned Unit Development District Ordinance, or any other provision of the Town of Lowell Code of Ordinances, shall be submitted to the town simultaneously with the filing of the variance application. No variance application will be accepted for filing with the Building Department without the applicable developer or HOA's approval.
(K) Notice of public hearing.
(1) An applicant filing a petition with the town that requires a public hearing regarding any property within Kingston Ridge shall give notice to the developer and/or HOA, as required by law.
(2) Notice shall be given to the developer and/or HOA, regardless of the distance from the subject-property in Kingston Ridge to the property line of the developer and/or HOA owned property.
(3) Failure of the applicant to provide proper notice to the developer and/or HOA shall void any decision of the Planning Commission, Board of Zoning Appeals, Town Council, or other applicable municipal body.
(L) Amendments. Any proposed amendment to the Kingston Ridge Planned Unit Development District Ordinance shall follow the same process and procedure as required by State law and the Town of Lowell Code of Ordinances to amend a zoning ordinance.
(Ord. 2022-18, passed 9-12-22)