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HomeMy WebLinkAboutZ-585-14 Ashmoor PUD Sponsors: Councilor Rider CARMEL, INDIANA Ashmoor PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-585-14 February 21, 2014 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance 3 Section 2. Definitions and Rules of Construction 3 Section 3. Accessory Buildings and Uses 5 Section 4. Development and Architectural Standards 6 Section 5. Open Space Requirements 8 Section 6. Landscaping Requirements 9 Section 7. Signage Requirements 11 Section 8. Additional Requirements and Standards 12 Section 9. Procedural Provisions 12 Section 10. Controlling Developer's Consent 13 Section 11. Violations and Enforcement 13 Section 12. Exhibits 13 Exhibit A. Legal Description Exhibit B. Development Plan/Primary Plat Exhibit C. Architectural Character Imagery Exhibit D. Landscape Plan Note: All of the above Exhibits (A-D) are attached to this Ashmoor Ordinance, are incorporated by reference into this Ashmoor Ordinance and are part of this Ashmoor Ordinance. 2 Sponsors: Councilor Rider ORDINANCE Z-585-14 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE ASHMOOR PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended (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 favorable recommendation to this PUD district ordinance (the "Ashmoor Ordinance"), which establishes the Ashmoor Planned Unit Development District (the "Ashmoor District") with respect to the real estate legally described in Exhibit A (the "Real Estate"). NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7- 4-1500 et seg., the Council adopts this Ashmoor Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Ashmoor Ordinance and its exhibits are hereby made 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(iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Ashmoor Ordinance, and (iv) this Ashmoor Ordinance shall be in full force and effect from and after its passage and signing. 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 the Ashmoor District. Section 1.2 Development in the Ashmoor District shall be governed entirely by (i) the provisions of this Ashmoor Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance and Subdivision Control Ordinance specifically referenced in this Ashmoor 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 Ashmoor Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 3 B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" indicates a mandatory requirement. The word "may" indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Ashmoor Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Ashmoor Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the Zoning 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. Architectural Character Imagery: These comprise the elevations and renderings, attached hereto as Exhibit C, and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Character Imagery is general and not intended to delineate the only final Dwelling designs that may be built. Dwellings will comply with the Architectural Standards but may vary from the Architectural Character Imagery. Architectural Standards: The Architectural Standards incorporated herein as Section 4.7 (Architectural Standards). Building: A structure having a roof supported by columns and walls, for the shelter, support, or a Dwelling. BZA: The Carmel Board of Zoning Appeals. City: The City of Carmel, Indiana. Controlling Developer: Shall mean Boomerang Development until such time as Boomerang Development transfers or assigns, in writing, its rights as Controlling Developer. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions, if any, applicable to the Real Estate, or any portion thereof, which may be prepared and recorded by the Controlling Developer in its discretion in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Development Plan/Primary Plat: The Development Plan/Primary Plat attached 4 hereto and incorporated herein by reference as Exhibit B (Development Plan/Primary Plat) which is the primary plat of the Real Estate. Development Requirements: Written development standards and any written requirements specified in this Ashmoor Ordinance, which must be satisfied in connection with the approval of the Secondary Plat and Building Permits. Dwelling: A detached single-family residence. Masonry: Brick, stone and manufactured or synthetic stone. Open Space: Open space shall comprise a parcel or parcels of land, areas 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. Except as otherwise provided herein, open space does not include any area which is divided into Dwelling Lots or streets. Open Space shall be in the areas identified on the Exhibit B (Development Plan/Primary Plat). Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Plan Commission: The City's Plan Commission. Primary Roof: The roof on a Dwelling which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Sign: Any type of sign as further defined and regulated by this Ashmoor Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance. Subdivision Control Ordinance: The City's Subdivision Control Ordinance, Ordinance Z-160, as amended. 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, as amended. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the Ashmoor 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 of the Zoning Ordinance. 5 Section 4. Development and Architectural Standards. Section 4.1 Permitted Uses: A. Single-family Dwellings. B. Open Space (Common Areas). C. Model Home D. There shall be no more than fifty-two (52) Dwellings permitted within the Real Estate resulting in a maximum density of approximately 1.33 units per acre. Section 4.2 Bulk Requirements: A. Minimum Lot Width at Building Line: Ninety (90) feet. B. Minimum Lot Area: Thirteen thousand (13,000) square feet. C. Minimum Lot Frontage at Street: Fifty (50) feet. D. Minimum Front Yard Setback: Twenty-five (25) feet. E. Minimum Side Yard Setback: Five (5) feet with a minimum aggregate of side yards of ten (10) feet. F. Minimum Rear Yard Setback: Twenty (20) feet. G. Minimum Separation Between Dwellings: Twenty (20) feet. H. Maximum Lot Coverage: Forty-five (45) percent I. Maximum Building Height at the mean of Primary Roof: Thirty-five (35) feet. J. Minimum square footage of one-story Dwelling (exclusive of porches, terraces, and garages: Two thousand, two hundred (2,200) square feet. K. Minimum square footage of two-story Dwelling (exclusive of porches, terraces, and garages: Two thousand, four hundred (2,400) square feet. Section 4.3 Applicable landscaping requirements are contained in Section 6 of this 6 Ashmoor Ordinance. Section 4.4 Applicable signage requirements are contained in Section 7 of this Ashmoor Ordinance. Section 4.5 Applicable additional requirements and standards are contained in Section 8 of this Ashmoor Ordinance. Section 4.6 The Real Estate shall be developed per the layout shown in Exhibit B (Development Plan/Primary Plat). Section 4.7 Architectural Standards: A. Permitted Building Materials: Masonry, Wood, Cementitious Board. A brick or stone masonry wainscot (a minimum of 3'0" from the top of the exposed foundation to the window sill) shall be provided, at a minimum, on all elevations. Cementitious Board shall not be permitted in the required wainscot area. B. Required Window Openings: A minimum of two (2) windows per level, per facade (elevation) shall be provided. In order to meet this requirement, each individual window, or set of contiguous windows, must be a minimum of nine (9) square feet. C. Garage Type: Garages shall be court-loaded or side-loaded garages attached to the Dwelling. All garages shall be a minimum of (i) a two and one half-car garage for a one-story Dwelling and (ii) a three-car garage for a two-story Dwelling. No front loaded garages shall be permitted. D. Chimneys: Brick or stone masonry, only and extended fully to ground provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board, synthetic stucco, and/or EIFS as their exterior building material. E. Porch: Porches are not required on all Dwellings. If a porch is provided, the porch shall be at least five feet (5') deep with consistent materials/design with Dwelling. If no porch is provided, the entryway should be covered and deep enough to provide shelter at the front door, as well as provide an appropriate and adequate level of detail. F. Roofline: Primary Roof shall have a minimum 6/12 pitch. The Primary Roof shall have an eleven inch (11") overhang after installation of siding or an eight inch (8") overhang after installation of brick or stone masonry. All Dwellings 7 shall include dimensional shingles, however, cedar shake roofing or slate like roofing shall be a permitted alternative. G. Fences: Fences are permitted on individual Lots and shall not be chain-link or coated chain-link. Perimeter fences, enclosing large areas on a lot, such as a rear yard, shall be black wrought iron or black wrought iron in appearance. Provided, however, that other materials , such as wooden shadow box fencing, shall be allowed to screen smaller areas, such as patios and hot tubs. Fences shall be a maximum of 42" in a front yard and a maximum of 6' in side or rear yards. H. The applicable character illustrations, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit C. I. Dwelling Placement on Lots: 1. Dwellings on lots numbered 25, 26, 27, 28, 29, 31, 32, 33 and 34 on the Development Plan/Primary Plat shall face either Shelborne Road or 131st Street. 2. Dwellings on lots numbered 11, 24, 30, 46 and 47 shall be oriented with the garage doors facing away from Shelborne Road or 131St Street. Section 4.8 Lot Lighting: All Dwellings shall have a yard light fixture to provide lighting driveway near the street. The light fixture shall match the style of the light fixtures flanking the garage door and equipped with a photo cell so the light is on from dusk to dawn. Section 4.9 Street Lighting: Street lighting (lighting in the street right-of-way), when provided, shall (i) be confined to intersections and (ii) meet all applicable City standards and be reviewed by the City. Section 4.10 Parking: Two (2) spaces per Dwelling unit are required. Parking Spaces (i) within driveways and (ii) within garages shall count toward this requirement. Driveways shall be a minimum of forty (40) feet in length as measured from the street right of way. Section 5. Open Space Requirements. Open space shall be in the areas identified on Exhibit B (Development Plan/Primary Plat). 8 Section 5.1 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 Ashmoor District. Section 5.2 A minimum of thirteen (13) acres, thirty-six (36) percent, of the District, less perimeter right of way resulting in a total of 36.02 acres, shall be allocated to Open Space as conceptually illustrated on the Development Plan/Primary Plat. Section 6. Landscaping Requirements. Section 6.1. General Landscaping Standards. Landscaping shall be integrated with, and complement other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, fencing. The Real Estate shall be landscaped in a manner substantially similar to the layout shown in Exhibit D (Landscape Plan). 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 City's Urban Forestry Program. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are factors that shall be addressed. The City's planting details shall be used. All Trees shall be selected from the City's recommended tree list published by the City's Urban Forestry Program or otherwise approved by the Urban Forester. B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall be 6 feet in height when planted. Shrubs shall be at least 18 inches in height when planted. Ornamental grasses must obtain a mature height of at least 3 feet. The preservation of existing plant material is subject to the requirements note in this Section 6.1. C. Existing vegetation may be used to achieve project landscaping requirements if(i) the vegetation located on subject parcel is of suitable quality and health, (ii) the vegetation is required to be preserved using accepted best management practices (BMP's) for tree protection during construction and (iii) the vegetation is identified on an approved landscape plan as used to achieve project landscaping requirements. Replacement of existing plant material included on an approved landscape plan used to achieve project landscaping requirements that later dies shall be subject to the same replacement standard as proposed landscape material. D. All landscaping approved as part of a Development Plan shall be installed prior to issuance of the first Certificate of Occupancy for a dwelling in the area of the Real Estate subject to a Secondary Plat; provided, however, that when because of weather conditions, it is not possible to install the approved 9 landscaping before the issuance of a Certificate of Occupancy, the Controlling Developer shall request a temporary Certificate Of Occupancy which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. E. All landscaping is subject to Development Plan approval. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Plan Commission or a committee thereof However, minor alterations of up to ten (10) percent landscaping may be approved by the Director or the Director's designee in order to conform to specific site conditions. F. It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area exists per the requirements of this Ashmoor Ordinance, to insure proper maintenance of landscaping in accordance with the Ashmoor Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Street trees shall be maintained by the Homeowner's Association or City of Carmel. Section 6.2. Areas to be Landscaped. A. Perimeter Buffering. 1. The perimeter buffer width shall be a minimum of(i) ten (10) feet along the south and west perimeter of the Real Estate and (ii) thirty (30) feet along the north and east(131st Street and Shelborne Road)perimeter of the Real Estate. 2. Seven (7) shade trees, three (3) ornamental trees, and twenty-seven (27) shrubs (per 100 linear feet) shall be provided within the perimeter buffer area along the north and east (131st Street and Shelborne Road) perimeter of the Real Estate. 3. Four (4) shade trees, two (2) ornamental trees, and fifteen (15) shrubs (per 100 linear feet) shall be provided within the perimeter buffer area along the south and west perimeter of the Real Estate. 4. Evergreen trees may substitute in lieu of shrubbery on a 1:3 basis (one (1) conifer equals three (3) shrubs). Shade trees may substitute in lieu of required ornamental trees and/or evergreen trees on a 1:1 basis. Substitutions shall be noted on the Landscape Plan. 10 5. Required perimeter buffer plantings may be grouped to allow a more natural planting scheme, where appropriate, and required buffer plantings may be computed as an average across the total linear footage of frontage. However, no tree shall be further than forty (40) feet from any other tree. 6. No perimeter buffering internal to the Ashmoor District shall be required between uses within the Ashmoor District. B. Street Trees. 1. Large growing shade trees or ornamental trees shall be planted within public street right-of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of forty (40) feet on center and are not required to be evenly spaced, unless this spacing cannot be attained due to the location of driveways, proposed utilities, or other obstructions as defined below in Section 6.4B. 2. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and 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, the Controlling Developer may solicit the aid of the City's Urban Forester in mediating an alternative. 3. Street tree species shall be selected from the City's published list of recommended street trees. 4. Street trees shall be maintained by the Homeowner's Association or City of Carmel. C. Foundation and Lot Planting Standards. The following planting requirements apply to all Single-family Dwellings: 1. All lots shall be required to plant two shade (2) trees in the front yard. Corner lots shall install two shade (2) trees in per side facing a street. 2. All lots shall have a minimum of twelve (12) shrubs and /or ornamental grasses along the foundation facing a street. Corner lots shall install twelve (12) shrubs per side facing a street. D. Storm Water Retention Ponds. The primary landscaping materials used adjacent to ponds shall be native aquatic shoreline species, trees, shrubs, ground covers, and ornamental grasses appropriately sited for a natural rather than engineered appearance utilizing primarily native plants. Section 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter 11 25.7 of the Zoning Ordinance as revised. Section 8. Additional Requirements and Standards. Section 8.1. Premises Identification. Premises identification shall meet the requirements of Article 25.14 of the Zoning Ordinance. Section 8.2. Home Occupations. Home Occupations shall meet the requirements of Article 25.18 of the Zoning Ordinance. Section 8.3 Right-of-way widths. A. The half right-of-way width for 131st Street shall be seventy (70) feet. B. The half right-of-way width for Shelborne Road shall be fifty (50) feet. C. All other streets shall have a minimum right-of-way width of fifty (50) feet. Section 8.4. Sidewalks. Sidewalks internal to the Ashmoor District shall not be required on the side of the street adjacent to Common Area "B" as shown of the Development Plan/Primary Plat. Section 8.5. Site Access and Road Improvement Requirements. Development of the Ashmoor District shall meet all applicable Thoroughfare Plan related improvement requirements as identified in and required under the Zoning Ordinance unless otherwise provided for in this Ashmoor Ordinance. Section 8.6. Declaration(s) of Covenants and Owners Association(s). Declarations of Covenant(s), if any, may be prepared by the Controlling Developer in its discretion 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 may establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of all Buildings. Section 9. Procedural Provisions. Section 9.1. Approval or Denial of the Development Plan / Primary Plat. The Development Plan/Primary Plat 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. Section 9.2 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 12 Director's approval of a Secondary Plat that is in substantial conformance with the Development Plan/Primary Plat and is in conformance with the Development Requirements of this Ashmoor 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 9.3. Changes Requiring Council Approval. Changes that shall require amendment of this Ashmoor Ordinance through the standard rezone process include the following: Increases in density or intensity; Changes in the proportion or allocation of land uses; Changes in the list of approved uses; Changes in the locations of uses; and/or Changes in the functional uses of open space, where such change constitutes an intensification of use of the open space. Section 9.4. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a waiver subject to the requirements of Section 31.04.06.12 of the Zoning Ordinance. Section 9.5. Variance of Development Requirements: The BZA may authorize Variances from the terms of the Ashmoor Ordinance, subject to the procedure prescribed in Chapter 30 of the Zoning 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; C. Building permits for any Buildings within the Real Estate; D. DP, Primary Plat or Secondary Plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Ashmoor Ordinance. Section 11. Violations and Enforcement. All violations and enforcement of this Ashmoor Ordinance shall be subject to Chapter 34 of the Zoning Ordinance. Section 12. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this Ashmoor Ordinance, are incorporated by reference into this Ashmoor Ordinance and are part of this Ashmoor Ordinance. 13 Exhibit "A" (Legal Description) PART THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN CLAY TOWNSHIP, HAMILTON COUNTY INDIANA. DESCRIBED AS FOLLOWS: COMMENCING AT THE HARRISON MARKER AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 3 EAST; THENCE ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER SOUTH 00 DEGREES 00 MINUTES 41 SECONDS EAST (ASSUMED BEARING) 438.04 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING ON SAID EAST LINE SOUTH 00 DEGREES 00 MINUTES 41 SECONDS EAST 876.60 FEET TO A MAG NAIL ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE ON SAID SOUTH LINE SOUTH 89 DEGREES 48 MINUTES 59 SECONDS WEST 1312.25 FEET TO A 5/8 INCH REBAR FOUND AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER AND BEING THE SOUTHEAST CORNER OF SHELBORNE ESTATES SECTION ONE RECORDED AS INSTRUMENT NUMBER 200200086426 PLAT CABINET 3 SLIDE 91; THENCE ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER NORTH 00 DEGREES 00 MINUTES 39 SECONDS WEST 1313.81 FEET TO A MAG NAIL ON THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE ON THE NORTH LINE OF SAID SOUTHEAST QUARTER NORTH 89 DEGREES 46 MINUTES 48 SECONDS EAST 811.81 FEET TO A MAG NAIL AT THE WEST LINE OF A RIGHT OF WAY LINE OF SHELBORNE ROAD AS DESCRIBED IN INSTRUMENT NUMBER 2009023182; THENCE ON SAID RIGHT OF WAY LINE THE FOLLOWING 7 COURSE (1) SOUTH 00 DEGREES 13 MINUTES 13 SECONDS EAST 15.03 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (2) THENCE NORTH 89 DEGREES 46 MINUTES 37 SECONDS EAST 331.83 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (3) THENCE NORTH 63 DEGREES 12 MINUTES 43 SECONDS EAST 13.42 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (4) THENCE NORTH 89 DEGREES 46 MINUTES 37 SECONDS EAST 97.34 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (5) THENCE SOUTH 72 DEGREES 28 MINUTES 02 SECONDS EAST 35.89 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (6) THENCE 00 DEGREES 00 MINUTES 41 SECONDS EAST 418.00 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING"; (7) THENCE NORTH 89 DEGREES 59 MINUTES 19 SECONDS EAST 25.00 FEET TO THE POINT OF BEGINNING, CONTAINING 39.19 ACRES MORE OR LESS. Exhibit"A"—Page 1 of 1 Exhibit "B" (Development Plan/Primary Plat) Full size copies of the approved Development Plan/primary Plat are on file with the Carmel Department of Community Services under file docket number 13100020 Z. Exhibit`B" Page 1 of 1 Exhibit"C" (Architectural Character Imagery) r . " _-• 1� .:'1 - 1 f I,,'I .,1 Exhibit"C"—Page 1 of 2 Ev - % f in sr .. L./ 19 Ell iro u11n �' II u 9 a It III III en IL 1' ii • Exhibit"C"—Page 2 of 2 Exhibit"D" (Landscape Plan) Full size copies of the approved Landscape Plan are on file with the Carmel Department of Community Services under file docket number 13100020 Z. Exhibit "D"—Page 1 of 1 sf- ADOPTED by the Common Council of the City of Carmel, Indiana this c21 day of C , 2014, by a vote of 5 ayes and 2._, nays. COMMON COUNCIL FOR THE CITY OF CA EL A-iv ',.-- , --c-. or Presiding Of icer K vin D. Rider Sill o e pro E___b. 0 e PasE� Richard L. Sharp Carol Schleif --,P„ 7 Z--- /)/1 itk, f,.. /diL ' ' maid E. Carter W. Eric Seidensticker, President Pro Tempore -..L...oleAltillIG10.441 AL--_-.11 e _nkam L ' 'nyder ii ATTE -. Diana L. Cordray,IAMC, Cle reasurer n4 (�.J U Presented by me to the Mayor of the City of Carmel, Indiana this as day of 2014, at la'•a? P.M. ,3 • U t% AsC / " Diana L. Cordray, IAMC, C -Treasurer (�CAp roved by me, Mayor of the City of Carmel, Indiana, this oZ0 day of k 2014, atop 35� P .M. Ja es Brainard, Mayor ATTEST 7 Diana L. Cordray, IAMC, Clerk-Tr as rer This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 3105 East 98`" Street, Suite 170, Indianapolis, IN 46280. Ashmoor PUD-CC 022114 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION TO THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE Z-585-14 Rezone 39.19 acres from S-1/Residence to PUD/Planned Unit Development 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. 13100020 Z, Ashmoor PUD Rezone with Primary Plat), to rezone from 5- 1/Residence to PUD/Planned Unit Development. The Carmel Plan Commission's recommendation on the petition of the applicant is `Favorable." At its regularly scheduled meeting of February 18, 2014, the Carmel Plan Commission voted Nine (9) in Favor, Zero (0) Opposed, Two (2) Absent, to forward to the Common Council the proposed Ordinance No. Z-585-14 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), 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 the Certification is Tuesday, May 21, 2014. CARMEL PLAN COMMISSION BY: - ueA- " l,L-L / Steven R. Stromquist, President ATTEST: ilYCL Lisa Motz, Secretary . .: < t.. Carmel Plan Commission t 2 Dated: February 20, 2014