HomeMy WebLinkAboutZ-617-16 Heritage at Spring Mill PUDSponsors: Councilor Kimball
ORDINANCE Z-617-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE HERITAGE AT SPRING MILL PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Heritage at Spring Mill Planned Unit Development District Ordinance
(the "Heritage at Spring Mill PUD'). The Ordinance would rezone the real estate from S-2
Residential to a Planned Unit Development district allowing the development of a residential
neighborhood.
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 considered under Plan Commission docket number 16020006 Z (the "Heritage
at Spring Mill Ordinance"), which establishes the Heritage at Spring Mill Planned Unit
Development District (the "Heritage at Spring Mill 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 §36-74-
1500 et seq., the Council adopts this Heritage at Spring Mill Ordinance, as an amendment to the
Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Heritage
at Spring Mill 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be null and void and replaced and superseded by this Heritage at Spring Mill Ordinance, and (iv)
this Heritage at Spring Mill 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 Heritage at Spring Mill District.
Section 1.2 Development in the Heritage at Spring Mill District shall be governed
entirely by (i) the provisions of this Heritage at Spring Mill Ordinance and its exhibits, and
(ii) those provisions of the Zoning Ordinance and Subdivision Control Ordinance
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specifically referenced in this Heritage at Spring Mill 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 Heritage at Spring Mill 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" 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 Heritage at Spring Mill Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this
Heritage at Spring Mill 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 Imams: These comprise the elevations and photographs, attached
hereto as Exhibit D (Architectural Character Imagery), 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 provided all applicable Architectural Standards
are met.
Architectural Standards: The Architectural Standards incorporated herein as Exhibit C
(Architectural Standards).
Building: A structure having a roof supported by columns and walls, for shelter, support,
or a Dwelling.
BZA: The Carmel Board of Zoning Appeals.
City: The City of Carmel, Indiana.
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Common Area(s): Common Areas shall comprise a parcel or parcels of land, areas of
water, or a combination of land and water, including wetland areas located within the Real
Estate and designed by the Controlling Developer. Except as otherwise provided herein,
Common Areas do not include any area which is divided into individual Dwelling lots or
streets. Common Areas shall be in the areas identified on the Exhibit B (Development
Plan/Primary Plat).
Controlling Developer: Shall mean PPV II, LLC until such time as PPV II, LLC transfers
or assigns, in writing, its rights as Controlling Developer such as to an Owners Association.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions, if
any, applicable to the Real Estate, or any portion thereof, which shall 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 (DP/PP) attached
hereto and incorporated herein by reference as Exhibit B (Development Plan/Primary Plat)
is the plan under which the Real Estate will be developed and which is, upon approval, the
Primary Plat of the Real Estate.
Development Requirements: Written development standards and any written requirements
specified in this Heritage at Spring Mill Ordinance, which must be satisfied in connection
with the approval of the Secondary Plat and Building Permits.
Dwelling: A detached single-family residence or a Building.
Legal Description: The description of the Real Estate included in Exhibit A.
Masonry: Brick, stone, manufactured or synthetic stone, limestone, natural stone, cultured
stone.
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 Heritage at Spring Mill
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.
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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-2 Residential District of the Zoning Ordinance shall be permitted in the
Heritage at Spring Mill District subject to the provisions of the Zoning Ordinance; unless
prohibited in the Declaration(s) of Covenants.
Section 3.1. 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.
Section 3.2. Home Occupations shall meet the requirements of the Zoning Ordinance as
amended.
Section 4. Development and Architectural Standards.
Section 4.1 Permitted Uses:
A. Single-family Dwellings.
B. Common Areas.
C. Model Home.
D. There shall be no more than forty-two (42) Dwellings permitted within the
Real Estate.
Section 4.2 Bulk Requirements:
A. Minimum Lot Width at Building Line: Sixty-five (65) feet.
B. Minimum Lot Width at Right of Waw Twenty-five (25) feet.
C. Minimum Lot Area: Seven thousand five hundred (7,500) square feet.
D. Minimum Front Yard Setback: Fifteen (15) feet.
E. Minimum Side Yard Setback: Zero (0) feet with a minimum aggregate of
side yards of ten (10) feet.
F. Minimum Distance Between Dwellings: Six (6) feet.
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G. Minimum Rear Yard Setback: Twenty (20) feet, unless a lot backs up to
Common Area in which case the setback shall be a minimum of ten (10)
feet or the rear yard easement width, whichever is greater.
H. Maximum Lot Coverage: Sixty (60) percent.
I. Maximum Building Height at the mean of Primary Roof. Thirty-five (35)
feet.
J. Minimum ground floor area of one-story Dwellings (exclusive of porches,
terraces, and garages): Two thousand (2,000) square feet.
K. Minimum ground floor area of two-story Dwellings exclusive of porches,
terraces, and garages): Two thousand (2,000) square feet.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this
Heritage at Spring Mill Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Heritage at
Spring Mill Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8 of
this Heritage at Spring Mill 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. The applicable Architectural Standards are contained in Exhibit C (Architectural
Standards) of this Heritage at Spring Mill Ordinance.
B. The applicable Architectural Character Imagery, indicating conceptually the
intended architecture and appearance of Dwellings are contained within Exhibit
D (Architectural Character Imagery).
Section 4.8 Lot Lighting_ All Dwellings shall have two 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 the street intersection and the end of cul-de-sac streets
and (ii) meet all applicable City standards and be reviewed by the City.
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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 twenty (20) feet in length as measured from the street right of way
and vehicles shall not be parked in a location that encroaches onto the sidewalk. Driveways
shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers.
Asphalt driveways shall not be permitted.
Section 5. Common Area Requirements. Common Area shall be in the areas identified on
Exhibit B (Development Plan/Primary Plat).
Section 5.1 A minimum of twelve (12) acres, approximately forty-four (44%) percent,
of the District, shall be allocated to Common Area as illustrated on the Development
Plan/Primary Plat.
Section 5.2 A common area plan has been submitted and is on file with the rezoning
request which illustrates the area and use of the proposed common areas.
Section 6. Landscaping Requirements. A to scale, detailed engineered landscape plan
showing the size, location and variety of all plantings, other than foundation and Lot plantings,
shall be submitted and approved as part of the Secondary Plat. Landscaping shall comply with the
following standards:
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.
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 at least 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.
C. Existing vegetation may be used to achieve project landscaping requirements if
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(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 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 Secondary Plat approval. No landscaping which
has been approved by the Director with the Secondary Plat may later be
substantially altered, eliminated or sacrificed without first obtaining further
approval from 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 Heritage at Spring Mill Ordinance, to ensure proper
maintenance of landscaping in accordance with the Heritage at Spring Mill
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.
Section 6.2. Areas to be landscaped.
A. Perimeter Buffering.
The perimeter buffer width shall be as shown on the Landscape Plan and
common area plans and shall be a minimum of (i) five (5) feet along all south,
west and north, non -street perimeters of the Real Estate, (ii) twenty (20) feet
along Spring Mill Road and (iii) shall not apply to Temple Drive or adjacent
to the parcel south of Temple Drive occupied by a single family residence.
The perimeter buffer may exist within a lot.
2. Eight (8) shade or evergreen trees, two (2) ornamental trees, and twenty-five
(25) shrubs (per 100 linear feet) shall be provided within the perimeter buffer
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area along the Spring Mill Road (east) perimeter of the Real Estate.
3. The buffer along the south and west perimeter of the Real Estate shall be as
shown on the Landscape Plan which includes primarily Tree Preservation and
shall vary in width as shown on the Landscape Plan.
4. Existing trees in the Tree Preservation areas, along the west and north
perimeter of the Real Estate, may substitute on a 1:1 basis. 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 submitted at the time
of Secondary Plat review.
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 (i) further than forty (40) feet from any other tree along the
east and west perimeter of the Real Estate and (ii) further than fifteen (15) feet
from any other tree along the south perimeter of the Real Estate.
6. No perimeter buffering internal to the Real Estate shall be required between
individual parcels within the Heritage at Spring Mill District.
B. Street Trees.
Large growing shade 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 6.2.B.2.
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. The minimum tree planting strip width shall be six (6) feet.
C. Foundation and Lot Planting Standards. The following planting requirements apply to
all Single-family Dwellings:
All lots shall be required to plant two shade (2) trees included in a minimum of four
(4) trees in the front yard. Corner lots shall install two shade (2) trees included in a
minimum of four (4) trees per side facing a street.
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2. All lots shall have a minimum of eighteen (18) shrubs and /or ornamental grasses
along the Dwelling foundation with a minimum of twelve (12) facing the street.
Corner lots shall install a minimum of thirty (30) shrubs and/or ornamental grasses
along the dwelling foundation with a minimum of twelve (12) shrubs or grasses per
side facing a street. The side yard of Lot number 24, 25, 28, 29, 31, 32, and 42
adjacent to common areas shall be considered a side facing a street for the purpose
of applying the lot landscaping provisions of this section.
3. Foundation and Lot Plantings shall be installed by the builder at the time a Dwelling
is constructed on the Lot.
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.
E. Common Areas. Plantings shall be provided in Common Areas where adjacent to Lots.
A minimum of four (4) trees (combination of shade and deciduous) shall be provided
per one -hundred (100) feet of rear yard perimeter for those lots which are directly
adjacent to Common Area. These plantings may be spread out over the common area
in the vicinity of the Lots. This requirement does not apply to Common Areas that
are also Tree Preservation Areas.
Section 6.3 Tree Preservation. Tree Preservation Areas shall be provided on the Real Estate as
shown on the Development Plan. Where applicable the existing trees within these
tree preservation areas are intended to meet the perimeter buffering requirements of
this Heritage at Spring Mill Ordinance. Tree Preservation Areas shall be regulated
and well maintained in accordance with the following. Tree Preservation Areas may
exist within platted lots, as Tree Preservations Easements (TPE's) as prescribed in
the subdivision Declaration of Covenants.
A. The following best management practices should be implemented with respect to Tree
Preservation Areas:
1. Removal of invasive species (e.g. bush honeysuckle) where appropriate,
including the use of professionals to apply herbicides or identify and remove
such invasive species.
2. Removal of an overabundance of combustible material (e.g. dead, fallen trees,
and leaves).
3. Removal of vines growing on and up a tree when tree growth is affected.
4. All maintenance activity shall be completed in accordance with industry
standards using the latest ANSI Z133.1 and A-300 approved practices and
methods.
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B. The following activities shall be permitted within Tree Preservation Areas:
1. Planting of native trees, pursuant to the Indiana Native Tree List provided by the
city's Urban Forester.
2. Removal of hazardous, exotic and invasive vegetation pursuant to the Indiana
Exotic and Invasive Plant List provided by the City's Urban Forester.
3. Removal of trees directed to be removed by municipal, county, state or federal
agencies or departments or by a public utility.
4. Installation of access easements, unpaved paths/trails, utilities and drainage
improvements. This provision is intended to permit the crossing of the Tree
Preservation area and not one easement to fully occupy another. The Tree
Preservation Areas are identified on the Development Plan.
5. Direct discharge and Surface Drainage of stormwater from the rear half of any
lot that is adjacent to a Tree Preservation Area.
C. The following activities shall be prohibited within Tree Preservation Areas:
1. Removal of living vegetation except as otherwise permitted in this Section
2. Mowing any portion of existing, naturally vegetated areas, except along trails,
points of access.
3. Dumping of leaves or other debris from areas other than the Tree Preservation
Area.
4. 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.
5. Active recreational activities that would adversely impact the Tree Preservation
Area such as the placement of playground equipment, paving for basketball or
tennis courts and swimming pools.
D. The following shall be required for all Tree Preservation Areas:
1. Signs identifying the Tree Preservation Area shall be posted every five hundred
(500) feet around the perimeter of all Tree Preservation Areas.
2. Barriers shall be utilized during site development and earth moving activities,
which shall be specified on landscape plans. Such barriers shall remain in place
during the site's construction activity.
Section 7. Si2natze Requirements. All signage on the Real Estate shall comply with Chapter
25.07 of the Zoning Ordinance as amended.
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1. Signs identifying "No Mow" of "naturalized Area" shall be posted every five
hundred (500) feet around the perimeter of all ponds.
2. The subdivision (Residential Complex) sign along Springmill Road shall be
designed in substantial compliance with the plan included under Exhibit E. Any
proposed changes to the sign illustrated under Exhibit E shall require
Administrative ADLS approval.
Section 8. Additional Requirements and Standards.
Section 8.1. Premises Identification. Premises identification shall meet the requirements of
the Zoning Ordinance as amended.
Section 8.2. Right-of-way widths.
A. The half right-of-way width for Spring Mill Road shall be fifty (50) feet.
B. All other streets shall have a minimum right-of-way width of fifty (50) feet.
Pavement width shall be twenty-six (26) feet from back of curb to back of curb,
and parking shall be limited to one (1) side of the street.
C. Minimum street centerline radii shall be one hundred (100) feet.
D. The right of way for the frontage place along Temple Drive shall conform to
the Latter Day Saints Secondary Plat and as shown on the Development Plan.
Section 8.3. Sidewalks and Pedestrian Amenities.
A. Five (5) foot wide sidewalks shall be required along both sides of all streets
internal to the Real Estate as shown on the Development Plan / Primary Plat.
B. A ten (10) foot wide asphalt path shall be required along the west side of Spring
Mill Road as shown of the Development Plan / Primary Plat.
C. The existing path around the pond on the real estate shall remain as illustrated
on the Development Plan.
Section 8.4. Site Access and Road Improvement Requirements. Development of the
Heritage at Spring Mill 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 Heritage at Spring Mill Ordinance. The total cost for road
improvement requirements related to the Thoroughfare Plan for the development of the
Heritage at Spring Mill District shall not exceed one thousand seven hundred and no/100
dollars ($1,700.00) per lot platted on the Secondary Plat in the Heritage at Spring Mill
District.
Section 8.5. Declaration of Covenants and Owners Association. Declarations of Covenants,
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if any, may be prepared by the Controlling Developer in its discretion and recorded with
the Recorder of Hamilton County, Indiana. The Declaration(s) of Covenants may establish
an Architectural Review Board, which shall establish guidelines regarding the design and
appearance of all Buildings.
Section 8.6. Construction Traffic. Subject to the approval of the City Engineer, in order
to reasonably regulate construction traffic during site development and commencement of
construction of the Dwellings on the Real Estate, a barricade shall be installed at southern
property line near the road connection from Valeside Crescent to the Williams Mill
subdivision and shall remain at this location until the earlier of the either (i) five (5) years
or (ii) completion of seventy-five percent (75%) of Dwellings on the Real Estate.
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 to 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 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 Heritage at Spring
Mill 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 Heritage at Spring Mill 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; changes in the
functional uses of open space, where such change constitutes an intensification of use of
the open space; and/or a dimensional change of greater than ten percent (10%).
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 Chapter 31.06.04.12 of the Zoning Ordinance.
Section 9.5. Variance of Development Requirements. The BZA may authorize Variances
from the terms of the Heritage at Spring Mill Ordinance, subject to the procedure
prescribed in Chapter 30 of the Zoning Ordinance.
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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 site improvements within the Real
Estate;
B. Sign permits for any Signs within the Real Estate;
C. Improvement Location Permits for any Dwellings 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 Heritage at Spring Mill
Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Heritage at
Spring Mill 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 Heritage
at Spring Mill Ordinance, are incorporated by reference into this Heritage at Spring Mill Ordinance
and are part of this Heritage at Spring Mill Ordinance.
The remainder of this page is left blank intentionally.
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Exhibit "A" (Legal Description)
Part of the property generally know as 11300 Springmill Road and more particularly described as
portion of the East Half of the Northeast Quarter of Section 3, Township 17 North, Range 3 East
of the Second Principal Meridian, City of Carmel, Hamilton County, Indiana, described as follows:
Commencing at the northeast corner of said Northeast Quarter; thence South 89 degrees 11
minutes 58 seconds West (bearing per record deed) along the north line of said quarter section
870.69 feet to the northwest corner of the land of Suburban Land Reserve, Inc., as described in
Instrument Number 2010061936 in the Office of the Recorder of said county; thence South 00
degrees 52 minutes 40 seconds East along the west line thereof 964.44 feet to the Point of
Beginning: thence North 89 degrees 07 minutes 20 seconds East 233.59 feet to the beginning of a
curve to the left having a radius of 175.00 feet, a central angle of 32 degrees 24 minutes 17 seconds,
and a radial line passing through said point which bears South 38 degrees 25 minutes 24 seconds
West; thence Easterly along the are of said curve 98.97 feet to the cusp of a curve to the left having
a radius of 15.00 feet, to a central angle of 77 degrees 50 minutes 48 seconds, and a radial line
passing through said point which bears North 06 degrees 01 minute 07 seconds East; thence
Southwesterly along the arc of said curve 20.38 feet; thence South 18 degrees 10 minutes 19
seconds West 104.26 feet; thence South 65 degrees 00 minutes 17 seconds East 74.93 feet; thence
South 90 degrees 00 minutes 00 seconds East 100.00 feet; thence North 00 degrees 00 minutes 00
seconds East 140.00 feet; thence South 90 degrees 00 minutes 00 seconds East 325.71 feet; thence
South 44 degrees 48 minutes 22 seconds East 51.81 feet to the proposed west right of way line of
Spring Mill Road; thence South 00 degrees 00 minutes 13 seconds West parallel with the east line
of said Northeast Quarter 932.65 feet to the south line of said land of Suburban Land Reserve, Inc.,
(the remaining courses are along the south and west lines of said land); thence South 89 degrees
46 minutes 25 seconds West parallel with the south line of said East Half Quarter Section 1271.22
feet; thence North 00 degrees 49 minutes 32 seconds East 487.98 feet; thence North 00 degrees 51
minutes 28 seconds West 430.77 feet; thence North 87 degrees 21 minutes 49 seconds East 50.00
feet; thence North 89 degrees 11 minutes 58 seconds East 416.27 feet; thence North 00 degrees 52
minutes 40 seconds West 82.00 feet to the Point of Beginning, containing 27.478 acres, more or
less.
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Exhibit `B" (Development Plan / Primary Plat)
Full size copies of the approved Development Plan /Primary Plat are on file with the Department of
Community Services. Below is a reduced color version.
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Exhibit "C" (Architectural Standards)
The standards set forth below in this Exhibit C Architectural Standards apply to all lots and all
dwellings constructed on the Real Estate.
Section 1. Dwelling Design:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted
siding materials subject to the following provisions:
1. A Masonry wainscot (a minimum of 2'0" from the top of the exposed
foundation) shall be provided, at a minimum, on all elevations. In general, the
masonry wainscot will extend to a level within the bottom third of the first floor
windows.
2. Brick or stone masonry shall be provided, at a minimum, on fifty (50) percent
of the front elevation (excluding doors, windows and openings). A maximum
of 15 homes may provide less brick or stone masonry on the front elevation
provided the home still complies with Section 1.A.1 above. For the purposes of
administering this requirement the front fagade shall be the elevation including
the front door of the Dwelling.
3. Cementitious Board shall not be permitted in the required wainscot area.
4. Vinyl and aluminum siding shall be prohibited.
5. Stucco and/or EIFS shall not be permitted within 8 feet of ground level.
6. The same materials shall be used on the front and side of the dwelling. All
materials shall not be required to be used but shall comply with the standards
above in this Section I.A.
B. Building Scale and Massing: Dwellings shall not feature long, unbroken expanses of
wall. This may be accomplished by including, but not limited to, any of the following
features:
1. Variations in height and depth,
2. Windows and door openings,
3. Changes in roof line or height,
4. Details and trim appropriate to the style and mass of the building,
5. Use of different materials, textures, and material placement,
6. Placement of landscaping materials,
Version A 10-20-16
7. Balconies, recessed entries, and covered porches, and
8. Bays and towers.
C. Required Window Openings:
1. Minimum Number:
a. A minimum of two (2) windows per fagade (elevation) shall be provided on
the first floor elevation
b. In addition to the requirement above, a Dwelling that contains a story and a
half shall have a minimum of one (1) window on facades where siding area
is present above the first story.
c. A minimum of three (3) windows per side fagade facing a street or common
area shall be provided for corner lots and lots where the side yard is adjacent
to common areas (applicable to Lots 24, 28, 29, 32, and 42 only). Lots 1
and 38 are exempt from this requirement due to their proximity to Spring
Mill Road and existence of the entryway landscaping and hardscape
features.
d. In order to meet this requirement the total aggregate square footage of all
windows located on a facade must be a minimum of eighteen (18) square
feet per fagade not facing a street or common area and twenty-seven (27)
square feet per fagade facing a street or common area. A door on the side
of a Dwelling may substitute for one (1) window on the same side of the
Dwelling. In the case of contiguous windows, each operating window shall
be deemed a window for purposes of the minimum number requirements in
this section.
2. Habitable rooms, such as bedrooms and living rooms, shall have operable
windows with screens to take advantage of natural cross -ventilation.
3. All windows shall be fully framed including a sill and/or cornice frame unless
the window is surrounded by Masonry material.
4. Windows shall be wood, vinyl -clad, vinyl, aluminum -clad wood, or painted
metal.
D. Garage Type:
1. Dwellings shall have garages that are courtyard loaded.
2. All garages shall be attached to the Dwelling.
3. All garages shall be designed as an integral part of the architecture of the
dwelling, with regards to materials, trim, and detail.
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4. Garage doors shall have raised panels or other decorative panels (e.g., window
panels, carriage style panels, and decorative hardware).
5. All dwellings shall have a minimum of a two car garage.
E. Chimneys: Chimneys shall be composed of 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 and/or synthetic stucco as their exterior
building material. Direct vent gas fireplaces are not required to have chimneys, but if
they do, they cannot be shed style or cantilevered chimneys.
F. Porches and Entryways:
1. Porches and/or entryways shall be clearly defined, a minimum of three (3) feet
in depth.
2. Porches and/or entryways shall be delineated by including architectural
elements as the same are generally depicted and shown on the attached Exhibit
D Architectural Character Imagery.
3. An insulated (solid wood permitted) front door shall be permitted and storm
doors are prohibited at the front entry door.
G. Roofline:
1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12
(horizontal units). Secondary roofs (e.g. porches, bays, garages, dormers) may
have a lower pitch.
2. The Primary Roof shall have at least an eleven inch (11 ") overhang after
installation of siding or an eight inch (8") overhang after installation of brick or
stone masonry. This measurement shall not include gutters.
3. All Dwellings' roofs shall include architectural -grade dimensional shingles,
however, cedar shake roofing or slate like roofing shall be a permitted
alternative. Three -tab shingles are not permitted.
4. If dormers are used, at least one (1) window or decorative louver per dormer is
required. Dormers and gables must have details such as attic bands, windows,
and/or decorative attic vents.
H. Fences: Fences are permitted on individual Lots and shall not be chain-link, coated
chain-link or wood. Fences and/or walls shall not be permitted in the buffer along
Springmill Road without Administrative ADLS approval.
I. Parkin : Two (2) spaces per Dwelling unit are required. Parking Spaces (i) within
driveways and (ii) within garages shall count toward this requirement. Driveways shall
20
Version A 10-20-16
be a minimum of twenty (20) feet in length as measured from the street right of way and
vehicles shall not be parked in a location that encroaches onto the sidewalk. Driveways
shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers.
Asphalt driveways shall not be permitted.
Architectural Character Imagery: The applicable character illustrations, indicating
conceptually the intended architecture and appearance of Dwellings are contained
within Exhibit D (Architectural Character Imagery) of the PUD.
Section 2. Monotony Mitigation:
A. Front Fagades: The same Building elevation shall not be constructed for two (2) lots on
each side of the subject lot on the same side of the street and for three (3) lots across
the street from the subject lot as illustrated in the below diagram.
B. Exterior Siding Color: No two side by side homes on contiguous lots or the lot across
the street from the subject lot shall have the same exterior color on the primary structure
of the home.
C. Exterior Masonry Color: No two side by side homes on contiguous lots shall have the
same masonry color.
Section 3. Lot Lighting: All Dwellings shall have two light fixtures flanking the garage door and
equipped with a photo cell so the light is on from dusk to dawn.
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Exhibit "D" (Architectural Character Imagery)
Page 1 of 13
See attached under separate cover — total of 13 pages.
22
Version A 10-20-16
Exhibit "D" (Architectural Character Imagery)
Page 2 of 13
23
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Exhibit "D" (Architectural Character Imagery)
Page 3 of 13
Ox
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Exhibit "D" (Architectural Character Imagery)
Page 4 of 13
25
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Exhibit "D" (Architectural Character Imagery)
Page 5 of 13
26
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Exhibit "D" (Architectural Character Imagery)
Page 6 of 13
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Exhibit "D" (Architectural Character Imagery)
Page 7 of 13
Exhibit "D" (Architectural Character Imagery)
Page 8 of 13
29
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Exhibit "D" (Architectural Character Imagery)
Page 9 of 13
30
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34
Version A 10-20-16
Exhibit `B" (Subdivision Entry (Residential Complex) Sign)
Page 1 of 2
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Page 2 of 2
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Version A 10-20-16
OPTED by the Common Council of the City of Carmel, Indiana this 7 �-p day of
2016, by a vote of _� ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Ro Id E. Carter, President Pro Tempore
Laura Campbell
Su Fi%kam
Bruce Kimball
No � tri
Kevin Rider
Carol Schleif
Presented by me to the Mayor of the City of
0 U(, M �-P , 2016, at 9 � d
Carmel, Indiana the day of
Approved by me, Mayor of the City of Carmel, Indiana, this day of
No f/�� l�-,� , 2016, at `1: 3C� iJ M.
Version A 10-20-16
ames Brainard, Mayor
37