HomeMy WebLinkAboutZ-620-16 Shadow WoodSponsor: Councilor Bruce Kimball
CARMEL, INDIANA
Shadow Wood
PLANNED UNIT DEVELOPMENT
ORDINANCE Z-620-16
December 19, 2016
1\10666629.9
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance......................................................................................2
Section2. Definitions and Rules of Construction...................................................................2
Section3. Uses and Accessory Uses.........................................................................................4
Section 4. Development and Architectural Standards...........................................................5
Section5. Open Space Requirements......................................................................................6
Section6. Landscape Requirements........................................................................................9
Section7. Signage....................................................................................................................12
Section8. Miscellaneous Requirements and Standards.......................................................12
Section9. Development Procedure........................................................................................14
Section10. Controlling Developer's Consent..........................................................................15
Section11. Violations and Enforcement..................................................................................16
Section12. Exhibits...................................................................................................................16
Exhibit A. Legal Description of Real Estate
Exhibit B. Development Plan/Primary Plat
Exhibit C.
Architectural Standards
Exhibit D.
Anti -Monotony Code
Exhibit E.
Conceptual Home Elevations
Exhibit F:
Coach Lighting Standard
Sponsor: Bruce Kimball
ORDINANCE Z-620-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, ESTABLISHING THE SHADOW WOOD
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis
The Ordinance would establish the Shadow Wood Planned Unit Development
District. The Ordinance would rezone 20.30+/- acres located southwest of the intersection of
146`h Street and Towne Road from the S-1 zoning classification to a Planned Unit Development
District allowing for the development of a 29 lot single family residential neighborhood, which
results in a density of approximately 1. 43 units per acre. The PUD provides for enhanced
architectural and landscaping standards, which includes requirements for all four sides of a
home. The PUD Ordinance also contains variable development standards and modified right-
of-way, which allows for increased preservation of the wooded areas of the subject real estate.
WHEREAS, Section 31.06.04 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with
the requirements of IC 36-7-4-1500 et. seq. (the "PUD Statute");
WHEREAS, Pulte Homes of Indiana, LLC, an Indiana limited liability company
("Pulte"), submitted an application to the Carmel/Clay Plan Commission (the "Plan
Commission") to adopt a PUD District Ordinance for certain real estate located in the City of
Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the "Real
Estate");
WHEREAS, Pulte's application is consistent with the provisions of the Zoning Ordinance
and the PUD Statute;
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
the Zoning Ordinance, the Plan Commission conducted a public hearing concerning Pulte's
application for a PUD District Ordinance on September 20, 2016 at 6:00 p.m.;
WHEREAS, the Plan Commission, at its public hearing on November 15, 2016 at 6:00
p.m., gave a favorable recommendation to the ordinance set forth herein which establishes the
Shadow Wood Planned Unit Development District (the "Shadow Wood District");
NOW, THEREFORE, be it ordained by the common council of the City of Carmel,
Indiana (the "Council"), that pursuant to IC 36-7-4-1500 et. seq., (i) it adopts this ordinance (the
"Shadow Wood Ordinance") as an amendment to the Zone Map, all prior ordinances or parts
thereof inconsistent with any provision of this Shadow Wood Ordinance and its exhibits are
hereby made inapplicable to the use and development of the Real Estate, and (iii) this Shadow
Wood Ordinance shall be in full force and effect from and after due 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 known as Shadow Wood District.
Section 1.2 Development in the Shadow Wood District shall be governed entirely by
(i) the provisions of this Shadow Wood Ordinance and its exhibits, and (ii) those
provisions of the Zoning Ordinance and Subdivision Control Ordinance specifically
referenced in this Shadow Wood Ordinance. In the event of a discrepancy and/or conflict
between the Shadow Wood Ordinance and the Zoning Ordinance or the Subdivision
Control Ordinance, the provisions of this Shadow Wood Ordinance shall apply. If this
Shadow Wood Ordinance is silent with respect to .a development standard or requirement
of the Subdivision Control Ordinance or Zoning Ordinance, such development standards
and requirements of the Subdivision Control Ordinance and Zoning Ordinance not
addressed herein, to the extent applicable and not inconsistent with the terms hereof, shall
be deemed incorporated herein by this reference.
Section 2.
Definitions and Rules of Construction.
Section 2.1 The following general rules of construction and definitions shall apply to
the Shadow Wood Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates otherwise.
B. Any capitalized term not defined herein shall have the meaning as set forth
in the Zoning Ordinance in effect on the date of the enactment of this
Shadow Wood Ordinance.
C. Words used in the present tense include the past and future tenses, and the
future the present.
D. The word "shall" indicates a mandatory requirement, while the word
"may" indicates a permissive requirement.
Section 2.2 Definitions. Capitalized terms used in this Shadow Wood Ordinance
shall have the following definitions:
A. Anti -Monotony Code: Pulte's Anti -Monotony Code attached hereto as
Exhibit D.
B. 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.
C. 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.
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D. Architectural Form: The Architectural Form is comprised of the
elevations and renderings attached hereto as Exhibit E, and are intended to
generally and conceptually illustrate an application of the Development
Requirements. Architectural Form is general and not intended to delineate
the only final Dwelling designs that may be built. Dwellings shall comply
with the Architectural Standards, but may vary.
E. Architectural Standards: The Architectural Standards incorporated in
Exhibit C as provided in Section 4.3 of this Shadow Wood Ordinance.
F. Building: A structure having a roof supported by columns and walls, for
the shelter, support, or a Dwelling.
G. City: The City of Carmel, Indiana.
H. Controlling Developer: Shall mean Pulte Homes of Indiana, LLC, until
such time as Pulte transfers or assigns, in writing, it rights as Controlling
Developer.
I. Declaration of Covenants: Declaration of Covenants, Conditions and
Restrictions applicable to the Real Estate, or any portion thereof, which
shall be prepared by Controlling Developer and recorded in the office of
the Recorder of Hamilton County, Indiana. Such Declaration of
Covenants, Conditions and Restrictions shall require that all owners of a
Lot shall be a member of the HOA.
J. Conceptual Plan: The conceptual plan attached hereto and incorporated
herein by reference as Exhibit B.
K. Development Requirements: Written development standards and
requirements specified in this Shadow Wood Ordinance, which must be
satisfied in connection with the approval of a Primary Plat, Secondary Plat
and Building Permits.
L. Dwelling: A detached single-family residence intended for the occupancy
of one family.
M. HOA: The home owner's association established by the Declaration of
Covenants.
N. Lot Coverage: The percentage of a Lot which can be developed
(Buildings, principal or accessory; storage areas; driveways, parking lots
and other accessory Uses).
O. Masonry: Brick, stone, manufactured or synthetic stone or brick,
limestone, natural stone, and cultured stone.
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P. 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 specifically provided for otherwise
herein, Open Space does not include any area which is divided into
Dwellings, Lots or internal streets. Open Space shall be in the areas
identified on the Primary Plat and shall include all areas labeled "Common
Area".
Q. Plan Commission: The City's Plan Commission.
R. Primary Roof. The roof on a Dwelling which has the longest ridge line.
S. Real Estate: That certain real estate located in the City, Hamilton County,
Indiana as legally described on Exhibit A attached hereto.
T. Sign: Any type of sign as further defined and regulated by this Shadow
Wood Ordinance and Section 25.07: Sign Ordinance of the Zoning
Ordinance.
U. Subdivision Control Ordinance: The City's Subdivision Control
Ordinance, Ordinance Z-160, as amended.
V. Zone Map: The City's official Zone Map corresponding to the Zoning
Ordinance.
W. Zoning Ordinance: The City's Zoning Ordinance, Ordinance Z-289, of the
City of Carmel, Hamilton County, Indiana, as amended.
X. Any other capitalized term used herein not defined above shall have the
meaning ascribed to it in the Zoning Ordinance, unless specifically
provided otherwise herein.
Section 3. Uses and Accessory Uses.
Section 3.1 Single Family Dwellings, Open Space (Common Areas), and any other
use permitted under the S-1 Residential District of the Zoning Ordinance shall be
permitted in the Shadow Wood District.
Section 3.2 All Accessory Structures and Accessory Uses allowed under the S-1
Residential District of the Zoning Ordinance shall be permitted in the Shadow Wood
District.
Section 3.3 Not more than twenty-nine (29) Dwellings, which results in a density of
1.41 Dwellings per acre, shall be constructed on the Real Estate before dedication of any
right-of-way.
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Section 4. Development and Architectural Standards.
Section 4.1 Bulk/Building/Lot Requirements.
A. Minimum Lot Width at Building Line: fifty-eight (58) feet.
B. Minimum Lot Width at Right of Way for Lots not located along the curve
of a cul-de-sac: fifty (50) feet.
C. Minimum Lot Width at Right -of -Way for Lots located along the curve of a
cul-de-sac: thirty-five (35) feet.
D. Minimum Lot Area: Eight Thousand Seven Hundred (8,700) square feet.
E. Minimum Front Yard Setback: Twenty (20) feet or such greater amount
as shown on the Primary Plat.
F. Minimum Side Yard Setback: Five (5) feet with a minimum aggregate of
side yards of ten (10) feet.
G. Minimum Rear Yard Setback: Twenty-five (25) feet; provided, however,
that the minimum rear yard setback may be reduced to ten (10) feet for
any Lot that backs up to a Tree Preservation Area as shown on the Primary
Plat.
H. Maximum Lot Coverage: Fifty-five percent (55%).
I. Minimum Separation between Dwellings: Ten (10) feet.
J. Maximum Building Height at the mean of the Primary Roof. Thirty-five
feet (35) feet.
K. Minimum Ground Floor Area (exclusive of porches, terraces and garages)
(i) for a one (1) story or one and one-half story (loft) Dwelling, shall be
two thousand three hundred (2,300) square feet, and (ii) for a two (2) story
Dwelling shall be one thousand eight hundred (1,800) square feet with a
required minimum aggregate of two thousand five hundred (2,500) square
feet excluding basement.
L. All master bedrooms shall be located on the first floor.
M. Lofts or the upper level of one and one-half (1 1/2) shall not exceed one
thousand (1,000) square feet, and any second story shall not exceed one
thousand one hundred (1,100) square feet.
N. Pools are prohibited on Lots numbered 17-29, as shown on the Conceptual
Plan attached as Exhibit B.
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Section 4.2 Primary Plat. A Primary Plat shall be approved by the Plan Commission
that is consistent with the requirements of this Shadow Wood Ordinance. All Secondary
Plats shall be consistent with the approved Primary Plat.
Section 4.3 Architectural Standards. The Architectural Standards attached hereto as
Exhibit C shall apply to all improvements constructed, installed, repaired or maintained
on the Real Estate. The exterior of homes shall be similar to those shown on the
conceptual home elevations attached hereto as Exhibit E.
Section 4.4 Lot Lighting. All Dwellings shall have two coach lights, which shall both
be located on opposite sides of the garage, to provide lighting near the street. The light
fixtures shall be consistent and equipped with a photo cell so that the light is on from
dusk to dawn. All coach lights shall be consistent with the design specifications attached
hereto as Exhibit F.
Section 4.5 Street Lighting. The Controlling Developer shall install street lights in the
street right-of-way as shown on the approved Primary Plat. Such street lights shall meet
all applicable City standards and be reviewed and approved by the City. The Declaration
of Covenants shall require that the HOA maintain, at its cost, the street lights.
Section 4.6 Parking. Two (2) spaces per dwelling unit are required. Parking Spaces
within driveways and within garages shall count towards this requirement. Driveways
shall be a minimum of twenty (20) feet in length as measured from the street right-of-
way. Parked cars shall not encroach onto or block sidewalks.
Section 4.7 Anti -Monotony Code. All homes constructed on Lots within the Shadow
Wood District shall comply with the rules provided in the Anti -Monotony Code attached
hereto as Exhibit D.
Section 4.8 Fences. Any fence constructed on the Real Estate shall be a maximum of
six (6) feet in height, black and shall be constructed only of wrought iron or aluminum.
Fences taller than forty-two inches (42") shall not be installed in front yards, and no
fences shall be permitted within any easement without the approval of the Board of
Public Works pursuant to Section 6-227(a)(4) of the Carmel City Code.
Section 5. Common Area Requirements. Open Space is intended to allow for balance
between natural areas and the built environment. Common Area shall be under the control and
maintenance of the HOA under the Declaration of Covenants or subjected to restricted covenants
that are placed of record in the office of the Recorder of Hamilton County, Indiana.
Section 5.1 Minimum Common Area Requirement. Not less than 10.5 acres, which is
approximately 51% of the Real Estate, before dedication of right-of-way, shall be
Common Area.
Section 5.2 Location of Common Areas. Common Areas shall be provided in the
areas identified on the Conceptual Plan attached as Exhibit B and on the approved
Primary Plat as "Common Areas". The HOA shall maintain, at its cost, all Common
Areas.
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Section 5.3 Tree Preservation. To the extent Common Areas include any Tree
Preservation Areas, as shown on the Primary Plat, such Tree Preservation Areas shall be
regulated and well maintained in accordance with the following:
A. The following best management practices shall be implemented with
respect to Tree Preservation Areas:
i) 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.
ii) Removal of an overabundance of combustible material (e.g. dead,
fallen trees, and leaves).
Removal of vines growing on and up a tree.
iv) Removal of dead, hazardous and at risk trees.
v) All maintenance activity shall be completed in accordance with
industry standards using the latest ANSI Z133.1 and A-300
approved practices and methods.
B. The following activities shall be permitted within Tree Preservation Areas:
i) Planting of native trees, pursuant to the Indiana Native Tree List
provided by the City's Urban Forester.
ii) Removal of hazardous, exotic and invasive vegetation pursuant to
the Indiana Exotic and Invasive Plant List provided by the City's
Urban Forester.
iii) Direct discharge of surface drainage of stormwater from the rear
half of any Lot that is adjacent to a tree preservation area.
iv) Removal of trees directed to be removed by municipal, county,
state or federal agencies or departments or by a public utility.
v) Installation of minor improvements such as identification signs;
provided such are designed and installed in a manner that does not
remove or damage any trees to the greatest extent possible.
vi) Establishment of access easements, unpaved trails, utility and
drainage improvements; provided, however, that any such
easements shall be as narrow or small as reasonably possible with
no blanket easements.
C. The following activities shall be prohibited within Tree Preservation
Areas:
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i) Removal of living vegetation except as otherwise permitted in this
Section 5.3.
ii) Mowing any portion of existing, naturally vegetated areas.
iii) Dumping of leaves or other debris from areas other than the Tree
Preservation Area.
iv) Seeding, including grass seed, prairie mix seed, sod or the planting
of any type of vegetable garden unless otherwise approved by the
City's Urban Forester.
v) The construction of pools, sheds, garages, fences; playground
equipment, tree houses, fire pits, and other permanent or semi-
permanent structures unless approved by the Carmel Board of
Zoning Appeals.
vi) 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:
i) Signs identifying the Tree Preservation Area shall be posted every
five hundred (500) feet around the perimeter of all Tree
Preservation Areas. Such signs shall state "Natural Preservation
Area — No mowing or spraying".
ii) Barriers shall be installed prior to site development and earth
moving activities, which shall be specified on all landscape,
construction, demolition and grading plans. Such barriers shall
remain in place during the site's construction activity.
E. The Declaration of Covenants shall (i) create tree preservation easements
that encumber the Tree Preservation Areas shown on the Primary Plat, and
(ii) include and apply the requirements of this Section 5.3 to such tree
preservation easements.
Section 5.4 Perimeter Treatment of Detention Pond. An eight feet (8') wide strip
around wet detention ponds shall be planted with native plant species that thrive along the
shores of ponds, lakes or in wet or damp soil environments. Such strip shall not be
mowed and shall be maintained in accordance with the best management practices
contained in Section 5.3; provided, however, that a single path to the pond through the
strip may be maintained to provide access to the pond for maintenance purposes.
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Section 6. Landscape Requirements.
Section 6.1 General Landscaping. Landscaping shall be integrated, where appropriate,
with other functional and ornamental site design elements (e.g. hardscape materials,
entryway documentation, paths, sidewalks, natural areas, fencing or water features). A
detailed landscape plan showing the size, location and variety of all plantings outside of
the boundaries of a Lot shall be submitted and approved as part of the Primary Plat.
Landscaping shall substantially comply with the following general standards:
A. Landscaping should be designed with repetition, structured patterns and
complementary textures and colors. Alternate or pervious paving
materials or alternative planting media is permitted where planting space
is limited or where otherwise warranted by site design.
B. All plantings shall meet the following specifications:
i) Planting shall occur according to the American Standard for
Nursery Stock (ANSI Z60.1), and all trees shall be selected from
the Carmel Recommended Tree List published by the City's Urban
Forestry Program. Landscaping materials shall be appropriate to
local growing and climatic conditions. Plan suitability,
maintenance and compatibility with site constriction features are
factors that shall be addressed. The City's planting details shall be
required on the landscape plan.
ii) Shade trees shall have a minimum width of two and one half (2.5)
inches caliper at planting.
iii) Ornamental trees shall have a minimum width of one and one half
(1.5) inches caliper at planting.
iv) Evergreen trees shall have a minimum height of six (6) feet at
planting.
V) Shrubs shall have a minimum height of eighteen (18) inches at
planting.
C. Subject to the approval of the Urban Forester, existing vegetation may be
used to achieve required landscaping if (i) it is of suitable quality, size and
state of health to achieve required landscaping, and (ii) the method of
preservation utilizes best management practices for tree protection during
construction. Any preservation of existing vegetation shall constitute an
in-kind credit against the landscaping requirements of this PUD
Ordinance.
D. All landscaping, as approved and shown on the Primary Plat, shall be
installed, weather permitting, on the portion of the Real Estate that is the
subject of a Secondary Plat prior to issuance of a Certificate of Occupancy
for the first Dwelling constructed within the portion of the Real Estate
covered by such Secondary Plat. If it is not possible to install the
approved landscaping because of weather conditions, a temporary
Certificate of Occupancy, which shall be conditioned upon a specified
time to complete the installation of all uninstalled landscape material, may
be requested.
E. All landscaping approved as part of the Primary Plat shall not be
substantially altered, eliminated or sacrificed without first obtaining
further Plan Commission approval. However, minor material alterations
in landscaping may be approved by the Director or his or her designee in
order to conform to specific site conditions.
F. All landscaping shall be properly maintained, which shall include the
replacement of dead plantings with identical varieties or suitable
substitute, mulching of planting areas, and keeping the landscaped areas
free of refuse, debris, rank vegetation and weeds.
Section 6.2 Conflict with Utilities. Notwithstanding anything herein to the contrary,
no tree shall be planted in conflict with drainage or utility easements or structures,
underground detention (unless so designed for that purpose), or other rules, regulations or
ordinances of the City. 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.
Section 6.3 Landscape Plan. A full sized and to scale landscape plan shall be
submitted with the Primary Plat application. Such landscape plan shall include, at a
minimum, the following:
A. Location and spacing of existing and proposed plant material.
B. Types of plant material identified by botanical and common names.
C. Size of material, in diameter and height, at installation and maturity.
D. Quantity of each of the planting materials to be installed.
E. Methods of protecting landscaped areas and tree preservation areas.
Section 6.4 Perimeter Buffer.. A perimeter bufferyard that complies with the
requirements of this Section 6.4 shall be installed along the boundaries of the Shadow
Wood District. Within any perimeter bufferyard, evergreen trees may be substituted in
lieu of the required shrubs on a 1:3 basis (one evergreen tree equals three shrubs).
Drainage improvements shall be permitted within the perimeter bufferyards described
above in this Section 6.4 and elsewhere in this Shadow Wood Ordinance, conditioned
upon conformance to Section 9.6 below. Perimeter bufferyards may either be located
within Common Areas or on Lots. If Perimeter bufferyards are located on a Lot, it shall
be within a landscape easement as shown on the Secondary Plat. Perimeter bufferyards
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shall not be located within any portion of a Street Right -Of -Way, Private Street Right -Of -
Way, or county regulated drain easement. The perimeter bufferyards noted in 6.4(A) and
(B) below shall contain, at a minimum, seven (7) shade or evergreen trees per one
hundred linear feet, three (3) ornamental trees per one hundred linear feet, and twenty-
five (25) shrubs per one hundred linear feet. The perimeter bufferyards noted in 6.4(C),
(D) and (E) below shall contain, at a minimum, three (3) shade or evergreen trees per one
hundred linear feet, two (2) ornamental trees per one hundred linear feet, and fifteen (15)
shrubs per one hundred linear feet. The minimum width of the perimeter bufferyards shall
be as follows:
A. Twenty-five feet (25') along Towne Road
B. Twenty-five feet (25') along 146th Street
C. Ten feet (10') along the west boundary line
D. Ten feet (10') along the south boundary line in Common Area B and Lots
28 and 29 (as shown on the Primary Plat)
E. Five feet (5') along the south boundary line in Common Area E and Lots
10 and 11 (as shown on the Primary Plat)
Existing vegetation may be applied toward a Perimeter bufferyard when:
1. The vegetation located upon the subject parcel is of a quality and state of
health to achieve buffering;
2. The vegetation proposed is to be preserved using accepted best management
practices for tree protection during construction. A tree protection detail is
required on the Landscape Plan and associated construction documents; and
3. Tree preservation area guidelines are submitted with the Landscape Plan to
manage and protect these areas.
Section 6.5 Lot Plantings.
A. Front landscaping on each Lot shall include the following: 20 shrubs
(minimum 2 gallon planted); and 2 yard trees (one shade tree / one
ornamental tree) (2" minimum caliper outside planting bed).
B. Lawns: Each home shall utilize either sod (with or without irrigation) or
hydroseed with irrigation in all front yards to the front corners of the
home. All side yards and rear yards must be seeded with straw at a
minimum and no irrigation is required.
C. Corner Lots which have two elevations substantially parallel to a public
street shall have lawns comprised of sod (with or without irrigation) or
hydroseed with irrigation in that portion of the yard located between the
public street on each side of the corner lot and a line drawn parallel to
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each front corner elevation closest to the public street extending from each
end of said elevations to each perpendicular lot line. All other side yards
and rear yards must be seeded with straw at a minimum and no irrigation
is required.
D. Corner Lots which are set at an angle to the public streets, lacking an
elevation substantially parallel to either abutting public street, shall have
lawns comprised of sod (with or without irrigation) or hydroseed with
irrigation in that portion of the yard located (i) between the front elevation
of the home and each public street and (ii) between the public street on
each side of the corner lot and a line drawn parallel to each public street,
extending to each perpendicular lot line from the two exterior corners of
the home closest to each abutting public street. All other side yard and
rear yards must be seeded with straw at minimum and no irrigation is
required.
E. Lot Plantings consistent with this Section 6.5 shall be required under the
Declaration of Covenants. Such provisions shall also include: (i) that the
Lot Plantings shall be installed as soon as reasonably possible after the
completion of a Dwelling on the Lot, weather permitting, (ii) that the
obligation to install the Lot Plantings is the sole responsibility of the
owner of the Lot, and (iii) the owner of the Lot shall be required to
maintain and replace, as necessary, the required Lot Plantings.
Section 6.6 Street Trees and Planting Strips.
A. Large growing street trees shall be planted within the public right-of-way,
parallel to each street, in provided planting strips as shown on the Primary
Plat. 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
placed. Notwithstanding the forgoing, street trees shall not be required
along those streets that have a cross section that complies with the Typical
Street Cross Section B -B as shown on the Primary Plat.
B. Planting Strips adjacent to residential streets that have a Typical Street
Cross Section A -A as shown on the Primary Plat shall be not less than five
(5) feet in width.
Section 7. Signage. All signage on the Real Estate shall comply with Chapter 25.07 of the
Zoning Ordinance, as revised.
Section 8. Miscellaneous 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.
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Section 8.3 Right -Of -Way Widths/Cross Sections.
A. Except as provided in Subsection 8.3(B), all interior streets shall have a
minimum right-of-way width of fifty (50) feet. All interior streets shall
have a cross section that complies with Typical Street Cross Section A -A
as shown on the Primary Plat.
B. Notwithstanding anything in Subsection 8.3(A) to the contrary, any
interior street that is directly adjacent to a Tree Preservation Area shall
have a minimum right-of-way width of forty-two (42) feet, and have a
cross section that complies with the Typical Street Cross Section B -B as
shown on the Primary Plat.
C. The half right-of-way along 146th Street and Towne Road adjacent to the
Real Estate shall conform to the requirements of the Thoroughfare Plan in
effect as of the adoption of this Shadow Wood Ordinance by the Council.
D. No access to or stub street to the west shall be required.
Section 8.4 ' Sidewalks/Paths.
A. Sidewalks internal to the Shadow Wood District shall be installed along
all street frontages. Construction of sidewalks on or directly adjacent to
Lots shall be done as part of the construction of a Dwelling on a Lot.
Sidewalks along a street frontage that are not on or directly adjacent to a
Lot shall be installed as part of the development of each section according
to the approved Secondary Plat. Sidewalks shall comply with the current
sidewalk standards for the City and shall be not less than five (5) feet in
width. Notwithstanding the forgoing to the contrary, sidewalks shall not
be installed along any portion of a street frontage that abuts a Tree
Preservation Area.
B. All sidewalk or path intersections shall include ADA compliant ramps and
crosswalks.
C. For any home constructed on a Lot that has a two (2) car garage and not a
three (3) car garage, the driveway shall include a minimum three foot strip
for pedestrian traffic along the edge of the driveway closest to the home.
Such strip shall (i) extend from the sidewalk along the street to the
sidewalk that extends from the driveway to front porch/stop, and (ii)
utilize texture, color, joints and/or materials that differentiate it from the
rest of the driveway.
D. Multi -use paths shall be constructed along 146th Street and Towne Road in
accordance with the applicable regulations of the City; provided, however,
that such paths shall not be required if they already exist or are included in
plans for the improvement or widening of 146th Street to be completed
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within five (5) years of the date of adoption of this Shadow Wood
Ordinance by the Council.
E. The Secondary Plat for each section of the Shadow Wood District shall
include paved paths or walking trails in each of the Common Areas;
provided, however, that no paths or trails shall be required in those areas
that have been delineated as wetlands, even if such exclusion would
prohibit a path in a Common Area.
Section 8.5 Site Access and Road Improvements.
A. Development of the Shadow Wood District shall meet all applicable
Thoroughfare Plan related improvement requirements as identified in and
required under the, Zoning Ordinance unless otherwise specifically
provided for. in this Shadow Wood Ordinance.
Section 8.6 Carlow Run. Vehicular traffic from the Shadow Wood District to the
existing residential subdivision to the south via Carlow Run shall be blocked using
bollards or a gate until the earlier of (i) three years from the date of issuance of the first
building permit for a home on a Lot, (ii) the date on which seventeen homes have
received a certificate of occupancy, or (iii) the date on which the homeowner's
association for the existing residential subdivision to the south requests, in writing, that
the bollards or gates be removed; provided, however, that Carlow Run shall remain
unblocked in the event that access to the Shadow Wood District from 146th Street is
blocked.
Section 8.7 Declaration of Covenants and HOA. A Declaration of Covenants may be
prepared by the Controlling Developer in its discretion and recorded in the office of the
Recorder of Hamilton County, Indiana. The Declaration of Covenants may provide for a
HOA to manage and maintain the Common Areas, establish an architectural review
committee and establish guidelines regarding the design and construction of Dwellings.
Covenants, requirements and provisions of the Declaration of Covenants may be more
strict but not any less strict than the provisions of this Shadow Wood PUD.
Section 8.8 Homes Face Interior. The front of all homes shall face the interior streets.
No home shall face 146th Street or Towne Road.
Section 8.9 Mature Trees in Rear Setback. To the extent reasonably possible, any
mature trees existing in the rear setback of a Lot shall be preserved, which requirement
shall be included in the Declaration of Covenants.
Section 9. Development Procedure.
Section 9.1 Approval of the Primary Plat. A Primary Plat has been submitted by the
Controlling Developer for approval by the Commission. Such Primary Plat shall conform to
the requirements of this Shadow Wood Ordinance.
14
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 Shadow Wood 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 Shadow Wood 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. 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 Variances of Development Requirements. The Carmel Board of Zoning
Appeals may authorize Variances from the terms of the Shadow Wood Ordinance,
subject to the procedure prescribed in Chapter 30 of the Zoning Ordinance.
Section 9.6 All landscaping requirements and other Common Area improvements
described in Sections 6 and 8 above for each section or phase of the Subdivision shall be
installed within six months of recording of the Secondary Plat for such section or phase.
Section 10. Controllin{? 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. 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
Shadow Wood Ordinance.
15
Section 11. Violations and Enforcement. All violations and enforcement of this Shadow
Wood Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Section 12. Exhibits. All of the Exhibits (A -F) on the following pages are attached to this
Shadow Wood Ordinance, are incorporated by reference into this Shadow Wood Ordinance and
are part of this Shadow Wood Ordinance.
This Ordinance shall be effective upon its passage by the Council and approval by the
Mayor of the City, in accordance with Indiana Code 36-4-6 et seq.
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16
Exhibit A
Legal Description of Real Estate
The East Half of the Northeast Quarter of Section 20, Township 18 North, Range 3 East, containing 80 acres, in
Hamilton County, Indiana.
EXCEPT:
Apart of the East Half of the Northeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton
County, Indiana described as follows:
Begining at the Southeast comer of said East Half; thence South 89 degrees 32 minutes 42 seconds West along
the South line of said East Half a distance of 1331.15 feet to the Southwest comer of said East Half; thence North
00 degrees 08 minutes 01 seconds West along the West line of said East Half a distance of 1814.26 feet; thence
North 89 degrees 32 minutes 42 seconds East parallel with said South line a distance of 1.325.68 feet to a Mag
nail set this survey and point being on'the East line of said Northeast Quarter; thence South 00 degrees 18
minutes 23 seconds East along said East line a distance of 1814.23 feet to the Point of Beginning.
ALSO EXCEPT
A part of the East Half of the Northeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton
County, Indiana, and being that part of the grantor's land described as follows:
Beginning at the Northeast comer of said section designated at a point; thence South 0 degrees 42 minutes 09
seconds East 817:96 feet along the West line of said section to the Southeast comer of the.grantor's land; thence
South.89 degrees 08 minutes 57 seconds West 60.00 feet along the South line of the grantors land; thence North
0 degrees 42 minutes 09 seconds West 817.93 feet to the North line of said section; thence North 89 degrees 07
minutes 09 seconds East 60.00 feet along said North line to the Point of Beginning and containing 1.127 acres;
more or less.
ALSO EXCEPT
A part of the East Half of the Northeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast comer of said section; thence South 89 degrees 07 minutes 09 seconds West
60.00 feet along the North line of said section to the prolonged West boundary of Towne Road and the Point,of
Beginning of this description; thence South 0 degrees 42 minutes 09 seconds East 664.81 feet along said
prolonged West boundary and along the West boundary of said Towne Road to a point; thence South 89 degrees
17 minutes 51 seconds West 30.00 feet to a point; thence North 0 degrees 42 minutes 09 seconds West 152.00
feet to a point; thence North 62 degrees 16 minutes 20 seconds West 75.60 feet to a point; thence Northwesterly
256.47 feet along an arc to the right and having a radius of 225.00 feet and subtended by a long chord having a
bearing of North 33 degrees 21 minutes 28 seconds West and a length of 242.81 feet to a point; thence North 2
degrees 21 minutes 53 seconds West 165.83 feet to a point; thence Northwesterly 125.00 feet along an arc to the
left and having a radius of 150.00 feet and subtended by a long chord having a bearing of North 54 degrees 21
minutes 24 seconds West and a length of 121.41 feet to a point; thence North 84 degrees 06 minutes 54 seconds
West 43.32 feet to a point; thence South 89 degrees 12 minutes 12 seconds West 890.11 feet to the West line of
the grantors land; thence North 0 degrees 31 minutes 51 seconds West 27.23 feet along said West line to. the
North line of said section; thence North 89 degrees 07 minutes 09 seconds East 1,263.17 feet along said North
line to the Point of Beginning and containing 3.226 acres, more or less.
For Information purposes only, the property address is purported to be:
0 West 146th.Street, Carmel, IN
A-1
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Exhibit S
Conceptual Plan
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Exhibit C
ARCHITECTURAL STANDARDS
1) Lot Width:
Minimum of 58 ft. at front building line
2) Minimum Square Footage:
One-story home (which may include a loft): 2,300 SF
3) Setbacks:
Front Yard: 20 ft. minimum
Side Yard: 5 ft. minimum
Side Yard Aggregate: 10 ft. minimum
Rear Yard Setback: 25 ft. minimum, except for Lots that back up to a Tree
Preservation Area, which Lots may have a 10 ft. minimum rear yard setback.
4) Minimum Roof Pitch:
Front to back: 6/12
Front gables: 8/12
Note: Ancillary roofs such as porches, bays or walkways may be less than
the minimum requirement. Homes with a historical architectural style' that
lends itself to a lower roof pitch shall be permitted.
5) Roofs and Roof Overhangs:
All shingles shall be 30 year dimensional shingles or better
Minimum framed front, side and rear overhang: 12 inches
Note: Where masonry meets any overhang, the overhang shall measure a
minimum of eight (8) inches.
6) Roof Ridgeline:
A. Homes shall have a minimum of three (3) ridgelines, unless fewer is
consistent with a historical style' of the home, in which case a minimum of
two (2) ridgelines are required. Only two (2) ridgelines are required if the
front and two sides of the first floor are masonry wrapped.
B. Ridgelines shall only be considered if they are horizontal ridges which
form the peak of a pitched area that are a minimum of four feet (4') in
length. Covered and enclosed porches shall count as a ridgeline.
C-1
7) Corner Breaks:
Each home shall have a minimum of three (3) corner breaks on the front
fagade and two (2) corner breaks on the rear facade. The exterior corners of a
covered porch, the outermost corners of the home, and a projection with a
height of no less than six (6) feet shall count toward this requirement.
8) Equipment Vents:
All vents shall attach to the rear or side of the home to reduce visibility from
the street.
9) Foundations:
A. Slabs and basements shall be permitted.
B. Crawl spaces shall be prohibited.
10) Windows:
A. Window type shall be vinyl, vinyl clad, aluminum clad or wood.
B. Each front facade shall include a minimum of three (3) windows, each rear
fagade shall include a minimum of five (5) windows, and each side facade
shall include a minimum of two (2) windows.
C. In counting windows, a double -hung shall count as one (1) window and
each casement window where the glass is enclosed by vinyl, vinyl clad or
aluminum clad, or wood material frame shall count as one (1) window.
Windows shall be a minimum of twelve (12) square feet in size in order to
count towards the minimum window requirements.
D. All windows on a home shall be trimmed on all four sides except for
windows that are (i) trimmed by Masonry, (ii) located on the front of the
home and have shutters on both sides of the window, or (iii) located within
a portion of a fagade that is covered in Masonry. Trim boards shall not be
less than 5/4" by 4" in size.
11) Garages:
All homes shall have a minimum two -car attached garage with decorative
garage doors. The width of the doors for a two -car garage (whether one door
or two) for any home with a front load garage shall be limited to a maximum
of thirty-five percent (35%) of the total lineal footage of the home's front
fagade. A garage door shall not protrude more than four (4) feet from the
farthest point of the front elevation of the home (the front edge of a porch
shall be included even if the porch does not touch the garage). A third garage
or bay shall be permitted, provided that it is recessed a minimum of two feet
(2') from the two -car garage.
12) Masonry Requirements:
A. Acceptable Masonry materials include the following: brick, stone,
manufactured or synthetic stone or brick, limestone, natural stone, and
cultured stone. Stucco and EIFS may be used as a complimentary
C-2
material; provided, however, that Stucco and EIFS may only be used from
8' off of the ground and above.
B. Except as provided in sub -section C, below, all homes shall have Masonry
on at least fifty percent (50%) of the front fagade (exclusive of windows,
doors and garage doors).
C. Homes with a historical architectural style' that lends itself to the use of
less masonry may have less than fifty percent (50%) masonry on the front
facade.
D. A masonry wainscot that is consistent with the masonry used on the front
of the home shall be installed on the sides and rear of all homes. The
water table shall not be less than 39 inches tall. This requirement shall not
apply to any side of a home that contains 50% or more of masonry without
the wainscot.
13) Sun Room/Patio Requirement:
A. All homes shall include a sunroom or patio on the rear of the home. The
patio or sunroom shall not be less than 150 square feet in size.
14) Siding Requirements:
A. No vinyl or aluminum siding shall be permitted. Acceptable siding
materials shall be wood, LP siding, Hardiplank or similar composition
fiber cement siding materials. All siding shall be lap siding or other
architecturally dimensioned siding such as shakes.
15) Miscellaneous:
A. All driveways shall be concrete; asphalt is not permitted.
B. Public sidewalks are required on all lots and shall be a minimum of 5'
wide.
C. Uniform mailboxes will be installed throughout the project.
D. All fireplaces located on the exterior elevation of a home must be
constructed of masonry and cannot be cantilevered or shed chimneys.
Interior fireplaces protruding through the roof not on an exterior elevation
of a home, are not required to be masonry, but must be decorative in
nature using masonry, stucco or EIFS materials. Stucco and EIFS may
only be used from 8' off of the ground and above.
16) Front Porch/Stoops:
A. All homes shall have a covered porch located in front of and adjacent to
the front door. Stoops and steps in addition to the porch shall be
permitted.
B. All required porches shall be constructed of concrete, stone or brick.
C. All required patios, porches or stoops shall be not less than four feet (4')
wide and not less than five feet (5') deep, including any portion that is
raised, lowered, covered or uncovered, comprised of stairs or of differing
widths.
C-3
17) Facade Variety:
All homes shall comply with Pulte's Anti Monotony Code (attached).
' Historical architectural styles are styles such Colonial, Cape Cod, Farmhouse, Euro Country, Northern
Craftsman, Cottage, Low Country, Prairie, Heartland or homes with various architectural elements taken
from the foregoing to create more recent and modern versions of the foregoing.
C-4
Exhibit D
ANTI -MONOTONY CODE
MONOTONY CODE GRAPHIC
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aHome cannot be of the same elevation of the same plan as the Subject home. Must be a
different color package.
Home cannot be of the same elevation of the same plan as the Subject home. Cannot be
the identical color package as the Subject home but may have the same brick.
Home may be of the same plan and'elevation as the Subject home, but must be a different
color package.
FMay be identical to Subject home.
D-1
Exhibit E
Conceptual Home Elevations
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Exhibit F
Coach Lighting Standard
Page 1 of .1
bttps:llsl.img-b.comllightingdirect.comlim;tgebaselresizedlx8OOlkichlerima.aesl9654BKw.. 8/25/2016
F -I
ADOPTED by the Common Council of the City of Carmel, Indiana this 19'h day
of December, 2016, by a vote of -(0-- ayes and () nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
R alrl F. �artPr
Carol Schleif
Bruce Kimball
Laura Campbell
by me to the Mayor of theCi�vv of Carmel, Indiana this day of
at ', 0 V1.M.
Pauj6y, Clerk-
pproved by me, Mayor of the City of C el, Indiana, this qday of
kC 201, at ` �-15-.
' (` • .` ''-~fit - - - ,. �... _.✓
ATTEST:
Christine-7aulev, Clerk/Treasurer
Prepared by: Timothy E. Ochs, Esq.
Ice Miller, LLP
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