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HomeMy WebLinkAboutPUD - a Filing Draft 11-16-17Sponsors: Councilor DRAFT COPY CARMEL, INDIANA THE WESTBRIDGE PUD PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z- -18 November 16, 2017 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance .............................................................................................. 3 Section 2. Definitions and Rules of Construction ........................................................................ 4 Section 3. Accessory Structures and Uses .................................................................................... 6 Section 4. Development and Architectural Standards ..................................................................... 6 Section 5. Common Area Requirements .......................................................................................... 9 Section 6. Landscaping Requirements ............................................................................................. 9 Section 7. Signage Requirements ................................................................................................... 14 Section 8. Additional Requirements and Standards ....................................................................... 14 Section 9. Procedural Provisions ...............................................................................................16 Section 10. Controlling Developer’s Consent ............................................................................ 16 Section 11. Violations and Enforcement .....................................................................................17 Section 12. Exhibits .....................................................................................................................17 Exhibit A. Legal Description Exhibit B. Development Plan / Primary Plat Exhibit C. Architectural Standards – Ranch Homes Exhibit D. Architectural Character Imagery – Ranch Homes Note: All of the above Exhibits (A-D) are attached to this The Westbridge Ordinance, are incorporated by reference into this The Westbridge Ordinance and are part of this The Westbridge Ordinance. 3 Sponsors: Councilor ORDINANCE Z- -17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING The WEST BRIDGE PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes The Westbridge Planned Unit Development District Ordinance (the “The Reserve at Cool Creek PUD”). The Ordinance would rezone the real estate from S-1 Residential to a Planned Unit Development district allowing the development of a residential neighborhood laid out per the Development Plan included in Exhibit B of this Ordinance which includes single family ranch and villa homes of the architectural character illustrated in Exhibit E and Exhibit F of this Ordinance. 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 recommendation to this PUD district ordinance (the “Westbridge Ordinance”), which establishes The Westbridge Planned Unit Development District (the “The Westbridge 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 seq., the Council adopts this The WEST BRIDGE Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this The WEST BRIDGE 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 The WEST BRIDGE Ordinance, and (iv) this The WESTBRIDGE 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 “The Westbridge District”. Section 1.2 Development in The Westbridge District shall be governed entirely by (i) the provisions of this The Westbridge Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance and Subdivision Control Ordinance specifically referenced in this The Westbridge Ordinance. 4 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 The Westbridge 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 The WEST BRIDGE Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this The WEST BRIDGE 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 photographs, attached hereto as Exhibit E (Architectural Character Imagery – Ranch Homes) is 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 home designs that may be built. Homes 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 – Ranch Homes) Building: A structure having a roof supported by columns and walls, for shelter, support. BZA: The Carmel Board of Zoning Appeals. City: The City of Carmel, Indiana. 5 Common Area(s): Common Areas 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, 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 ISBG Capital LLC until such time as ISBG Capital 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 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 (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 The Westbridge Ordinance, which must be satisfied in connection with the approval of the Secondary Plat and Building Permits. Dwelling: A Ranch Home. Legal Description: The description of the Real Estate included in Exhibit A. Masonry: Brick, stone and manufactured or synthetic stone. Minimum Ground Floor Area: The ground floor area of a dwelling exclusive of porches, terraces, and garages. 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 Home which has the longest ridge line. Ranch : A Single-family Detached Dwelling. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). 6 Sign: Any type of sign as further defined and regulated by this The Westbridge 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 Structures and Uses. All Accessory Structures and Accessory Uses allowed under the R-1 Residential District of the Zoning Ordinance shall be permitted in The Westbridge 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 of the Zoning Ordinance. Section 4. Development and Architectural Standards. Section 4.1 Permitted Uses: A. Single-family Detached Dwellings (“Ranches”, “Ranch Homes”) B. Common Areas, C. Model Home(s), D. There shall be no more than Thirty Five (38) Dwellings permitted within the Real Estate. 7 Section 4.2 Bulk Requirements: A. Ranches,: 1. Minimum Lot Area: Seven thousand five hundred (6,250) square feet. 2. Minimum Lot Width at Building Line: Fifty (50) feet. 3. Minimum Lot Width at Right of Way: Twenty-five (25) feet. 4. Minimum Front Yard Setback: Twenty (20) feet. 5. Minimum Side Yard Setback: Five (5) feet. 6. Minimum Rear Yard Setback: Fifteen (15) feet. Ten (10) feet where adjacent to a Common Area. 7. Maximum Lot Coverage: Sixty (60) percent. 8. Maximum Building Height (at the mean of Primary Roof): Thirty-five (35) feet. 9. Minimum Ground Floor Area: Two thousand (1500) square feet. 8 Section 4.3 Applicable landscaping requirements are contained in Section 6 of this The West bridge Ordinance. Section 4.4 Applicable signage requirements are contained in Section 7 of this The WEST BRIDGE Ordinance. Section 4.5 Applicable additional requirements and standards are contained in Section 8 of this The Westbridge 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. Ranch Homes: 1. The applicable Architectural Standards for Ranch Homes are contained in Exhibit C Architectural Standards – Ranch Homes, of this The Westbridge Ordinance. 9 2. The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Ranch Homes are contained within Exhibit D (Architectural Character Imagery – Ranch Homes) of this The Westbridge Ordinance. Section 4.8 Lot Lighting: All Dwellings shall have 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 intersections and the end of cul-de-sac streets and (ii) meet all applicable City standards and be reviewed by the City. Section 4.10 Parking: Two (2) spaces per Dwelling are required. Parking Spaces (i) within driveways and (ii) within garages shall count toward this requirement. 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 Two and one half (2.5) acres, approximately eighteen (18) 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 5.3 Common Areas shall be provided for passive recreation opportunities as generally depicted on the Development Plan / Primary Plat. 10 Section 6. Landscaping Requirements. A 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 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 (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 11 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 The Westbridge Ordinance, to ensure proper maintenance of landscaping in accordance with The Westbridge 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. 1. Perimeter buffer widths shall be a minimum width as follows: a. Ten (10) feet along the east and South perimeter of the Real Estate as illustrated on the Development Plan / Primary Plat. b. Twenty (20) feet along 106th Street 2. Perimeter buffers may be located in easements on Lots or within Common Areas as generally illustrated on the Development Plan / Primary Plat. 3. Seven (4) shade or evergreen trees, three (3) ornamental trees, and twenty- five (10) shrubs (per 100 linear feet) shall be provided within the perimeter buffer area along 106th Street perimeter of the Real Estate. 4. One (2) shade or evergreen trees, two (2) ornamental trees, (per 120 linear feet) shall be provided within the perimeter buffer area along the perimeters of the Real Estate not adjacent to public right-of-way as indicated on the Development Plan. 5. Existing trees in the Tree Preservation areas may substitute in lieu of required tree plantings. Existing 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. 6. 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. 12 However, no tree shall be (i) further than forty (40) feet from any other tree within a required buffer. 7. No perimeter buffering internal to the Real Estate shall be required between individual parcels within The Westbridge District. B. Street Trees. 1. 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. Street tree species shall be selected from the City’s published list of recommended street trees. 4. The minimum tree plot width shall be six (6) feet. C. Foundation and Lot Planting Standards. 1. The following planting requirements apply to Lots: a. One (1) shade tree included in a minimum of two (2) trees in the front yard. Corner lots shall install one (1) shade tree included in a minimum of two (2) trees per side facing a street. b. A minimum of ten (10) shrubs and /or ornamental grasses along the Dwelling foundation with a minimum of six (6) facing the street. Corner lots shall install a minimum of sixteen (16) shrubs and/or ornamental grasses along the dwelling foundation with a minimum of six (6) shrubs or grasses per side facing a street. 13 2. 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. Section 6.3 Tree Preservation. Tree Preservation Areas shall be provided as shown on the Development Plan. The existing trees within these tree preservation areas, with supplemental plantings as necessary, are intended to meet the perimeter buffering requirements of this The Westbridge Ordinance. Tree Preservation Areas shall be regulated and well maintained in accordance with the following. 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. 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. 14 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, rights-of-way, streets, paths, trails, sidewalks, 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. C. The following activities shall be prohibited within Tree Preservation Areas: 1. Removal of living vegetation except as otherwise permitted in this Section 6.3. 2. Mowing any portion of existing, naturally vegetated areas, except along trails, points of access or gathering points. 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 (100) 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. Signage Requirements. All signage on the Real Estate shall comply with Chapter 25.07 of the Zoning Ordinance as amended. 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. Home Occupations. Home Occupations shall meet the requirements of the Zoning Ordinance as amended. 15 Section 8.3. Lot Maintenance and Improvements. The regulation of the following standards shall be included in the Declaration of Covenants and Restriction and shall be applicable to the Real Estate: A. An optional Lot landscape maintenance program including mulching, edging, fertilizations, mowing, weeding of beds, and fall clean-up, which may be administered by an Owners Association, shall be available to Lot owners. B. An optional snow removal program, which may be administered by an Owners Association, shall be available to Lot owners. C. Swingsets trampolines, basketball goals shall be Permitted D. All fences shall be (i) black metal, (ii) of a consistent style and height and (iii) a maximum of 48” in height. Fences do not include privacy screens within ten (10) feet of the Dwelling. E. All mailboxes will be of the same material and design. Section 8.4. Right-of-way widths. A. The required half right-of-way width for 106th Street shall be as shown on the Development Plan / Primary Plat. B. All other streets shall have a minimum right-of-way width of Forty-Five (45) feet with the exception of the Frontage road Section 8.5. Sidewalks and Pedestrian Amenities. A. Five (5) foot wide concrete sidewalks shall be required along both sides of all streets internal to the Real Estate with the exception of the Frontage road as shown on the Development Plan / Primary Plat. B. A ten (10) foot wide asphalt path shall be required along the South side of 106th Street as shown on the Development Plan / Primary Plat. Section 8.6. Site Access and Road Improvement Requirements. Construction of the public street site access and pathway improvements along 106th Street shall satisfy all applicable Thoroughfare Plan related improvement requirements as identified in and required under the Zoning Ordinance unless otherwise provided for in this The Westbridge Ordinance. 16 Section 8.7. Declaration of Covenants and Owners Association. Declarations of Covenants shall 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 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 The Westbridge 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 The Westbridge 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 Westbridge 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: 17 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 The Westbridge Ordinance. Section 11. Violations and Enforcement. All violations and enforcement of this The Westbridge 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 The Westbridge Ordinance, are incorporated by reference into this The Westbridge Ordinance and are part of this The Westbridge Ordinance. The remainder of this page is left blank intentionally. Exhibit “A” – Page 1 of 2 Exhibit “A” (Legal DePart of the West Half of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of said Half Quarter Section 440.4 feet West of the Northeast corner thereof; thence South and parallel with the East line of said Half Quarter Section 684.3 feet to a point; thence West and parallel with the said North line 894.3 feet to a point in the West line of the said Northeast Quarter; thence North upon said West line 689.6 feet to a point on the said North line; thence East upon said North line 884.3 feet to the place of beginning, containing 14.0 acres, more or less. EXCEPT: that portion of the following described parcel which lies within the eastern boundary of the above described parcel. Part of the West Half of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Beginning on the North line of the West Half of the Northeast Quarter of Section 7, Township 17 North, Range 3 East 883.03 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the Northwest corner thereof; thence North 90 degrees 00 minutes 00 seconds EAst 7.03 feet; thence South 00 degrees 29 minutes 21 seconds West parallel with the East line of the West Half of said Northwest Quarter 566.95 feet; thence South 90 degrees 00 minutes 00 seconds West parallel with the North line of said Quarter 6.08 feet; thence North 00 degrees 23 minutes 36 seconds East 566.94 feet to the beginning point, containing 0.08 acres, more or less. ALSO: A part of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, Second Principal Meridian, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 7; thence North 00 degrees 06 minutes 18 seconds West along the West line of said Quarter Quarter Section 648.54 feet to a point on the West line of Merrrill (as recorded instrument number 6784 in the office of the Recorder of Hamilton County, Indiana); thence South 89 degrees 35 minutes 04 seconds West 383.78 feet to the point of beginning; thence South 89 degrees 35 minutes 04 seconds 56.00 feet to the Southeast corner of Hoffman (instrument number 8625484); thence North 00 degrees 06 minutes 18 seconds West along the East line of Hoffman 122.65 feet to the Southwest corner of Moretto (instrument number 8610265); thence North 89 degrees 34 minutes 23 seconds EAst along the South line of Moretto 56.00 feet; thence South 00 degrees 06 minutes 18 seconds East along said West line to the point of beginning, containing 0.16 acres, more or less.scription) Exhibit “A” – Page 2 of 2 Exhibit “A” (Legal Description – Site Location) Exhibit “B” Page 1 of 1 Exhibit “B” (Development Plan / Primary Plat) Full size copies of the Development Plan / Primary Plat are on file with the Department of Community Services. Below is a reduced version. Exhibit “C” Page 1 of 4 Exhibit “C” (Architectural Standards – Ranch Homes, Cape cod homes) The standards set forth below in this Exhibit C Architectural Standards – Ranch Homes apply to all Ranch Homes, Cape cod Homes constructed on the Real Estate. A. Permitted Building Materials: Masonry, Wood, Cementitious Board (fiber cement) shall be permitted siding materials subject to the following provisions: 1. No vinyl or aluminum siding shall be permitted. Homes will consist of a thoughtful blend of brick, cultured stone, composite siding, and composite trims. 2. A Masonry Wainscot: (a minimum of 30” from the top of exposed foundation) shall be provided, at a minimum, on all elevations. 3. Brick or stone masonry shall be provided, at a minimum, on fifteen (15) percent of the front elevation (excluding doors, windows and opening). B. Building Scale and Massing: Dwelling front elevation shall not feature long, unbroken expanses of wall. This may be accomplished by including, but not limited to any of the following features: 1. Variation in height and depth, 2. Windows and door openings, 3. Changes in roof line or height, 4. Details and materials, texture, and material placement, 5. Placement of landscaping materials, 6. Recessed entries, and coved porches, and 7. Bays and towers. C. Windows: 1. Minimum Number: a. Minimum of two (2) windows per façade (elevation) shall be provided on the first floor elevation. Exhibit “C” Page 2 of 4 b. In addition to the above, a dwelling that contains a story and a half shall have a minimum of one (1) window on the facades where siding area is present above the first story. c. A minimum of three (3) windows per side façade facing a street or common area shall be provided for corner lots and where side yard is adjacent to common areas (applicable to lots 60, 73, 74, 79, 80, 90, 91 and 99 only). d. In order to meet the requirement the total aggregate square footage of all windows located on a façade must be a minimum of eighteen (18) square feet per façade not facing a street or common area and twenty- seven (27) square feet per façade facing 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. 2. Habitable rooms, such as bedrooms and living rooms, shall have an operable window with screen to take advantage of the natural cross-ventilation. 3. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted metal. D. Garage Design: 1. All Dwellings shall have an attached garage (minimum two-car). 2. All garages shall be designed as an integral part of the architecture of the dwelling, with regards to materials, trim and details. 3. Garage doors shall have raised panels or other decorative panels. 4. Garages with front facing garage doors must be on a separated plane from the main body of the home. Front facing garage doors must be projected or recessed from the main house plane a minimum of two (2) feet. A projection or recessed area of less than two (2) feet will be allowed if the front face of the garage has a minimum of six (6) foot offset from the forward most projection of the front façade of the main body of the home. E. Porches and Entryways: 1. Porches and/ or entryways shall be clearly defined and a minimum of four (4) feet in depth. F. Rooflines: Exhibit “C” Page 3 of 4 1. Primary roof shall have a mini mum roof slop of 6 (vertical units); 12 (horizontal units). 2. Secondary roofs (e.g. porch, bays, garages, dormers) may have a lower pitch. 3. 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. 4. All dwellings shall include architectural-grade dimensional shingles. Three-tab shingles are not permitted. 5. If dormers are used, at least one (1) window or decorated louver per dormer is required. Dormers and gables must have details such as attic bands, windows and/or decorative attic vent. G. Monotony Mitigation: 1. Front Facades: The same floor plan with same elevation and same color as defined by more than fifty (50) percent overlap shall not be constructed for one (1) lot on each side of the subject lot on the same side of the street and for one (1) lot across the street from the subject lot as illustrated in the following diagram. 2. 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. 3. Exterior Masonry Color: No two side by side homes on contiguous lots shall have the same masonry color. H. Universal Home Design Requirements: 1. Master Bedroom on the main level on each home. Exhibit “C” Page 4 of 4 2. Hallways a minimum of thirty-six inch (36”) on the main level. 3. Minimum thirty inch (30”) wide clear opening doorways for exterior doors, the main living areas, and all doors entering rooms on the first floor. 4. Master bathroom walls blocked to provide for installation of grab bars. 5. Master bathrooms with the option of a shower stall in addition to or in place of a tub. 6. Hand rails near the stairs in compliance with the state building code. 7. Either a no step entry or an entry designed for the addition of a handicap ramp at the front door available as an option upon request by a customer on homes which do not include a basement. 8. Optional lever hardware. 9. Optional front entry door a minimum of thirty-six inch (36”). The remainder of this page is left blank intentionally. Exhibit “D” (Architectural Character Imagery – Ranch Homes) ADOPTED by the Common Council of the City of Carmel, Indiana this , 2018, by a vote of ayes and nays. day of COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer H. Bruce Kimball Laura D. Campbell Kevin D. Rider Ronald E. Carter Tony Green Sue Finkam Jeff Worrell ATTEST: Christine S. Pauley, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2018, at .M. Christine S. Pauley, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2018, at .M. James Brainard, Mayor ATTEST: Christine S. Pauley, Clerk-Treasurer