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HomeMy WebLinkAboutPUD Ordinance_DRAFTUS.127029445.01 1 Sponsor: Councilor __________ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ESTABLISHING THE COURTYARDS OF CARMEL PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance establishes The Courtyards of Carmel Planned Unit Development District Ordinance, Ordinance Number which shall be referred to as The Courtyards of Carmel PUD Ordinance Number (the “PUD Ordinance”). WHEREAS, the Carmel Unified Development Ordinance, Ordinance , as amended (the “Unified Development Ordinance”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of IC § 36-7-4-1500 et. seq.; WHEREAS, Epcon Carmel, LLC, an Indiana limited liability company (“Epcon”), 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, Epcon’s application is consistent with the provisions of the Unified Development Ordinance and the PUD Statute; WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and the Unified Development Ordinance, the Plan Commission conducted a public hearing concerning Epcon’s application for a PUD District Ordinance and the establishment of The Courtyards of Carmel Planned Unit Development District (the “PUD District”) on _______ __, 20__ at _:00 p.m.; WHEREAS, the Plan Commission certified the proposed PUD Ordinance to the Common Council under docket number with a ______________recommendation. 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 PUD District as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this PUD Ordinance and its exhibits are hereby 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(iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this PUD Ordinance, and (iv) this PUD Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1. The Official Zoning Map of the City of Carmel, Indiana, a part of the Unified Development Ordinance, is hereby changed to designate the Real Estate US.127029445.01 2 as a Planned Unit Development District to be known as The Courtyards of Carmel PUD District. Section 1.2. Development in the PUD District shall be governed entirely by (i) the provisions of this PUD Ordinance and its exhibits, (ii) those provisions of the Unified Development Ordinance specifically referenced in this PUD Ordinance, and (iii) any standards not mentioned in this PUD Ordinance shall be governed by the Unified Development Ordinance. In the event of a conflict between the PUD Ordinance and the Unified Development Ordinance, then the provisions of this PUD Ordinance shall apply. 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 this PUD Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Any capitalized term not defined herein shall have the meaning as set forth in the Unified Development Ordinance in effect on the date of the enactment of this PUD 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 PUD Ordinance shall have the following definitions: Accessory Structure: A structure which is subordinate to a Building located on the Real Estate. 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. Alley: A public way or easement located within the interior of blocks and providing vehicular and service access to the side or rear of properties. Architectural Form: The Architectural Form is comprised of the elevations and renderings attached hereto as Exhibit C 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. US.127029445.01 3 Architectural Standards: The Architectural Standards incorporated in Section 10 of this PUD Ordinance. Building: Any structure used or intended for supporting or sheltering any use or occupancy. Building Envelope: The buildable area of a lot of record that is free and clear of setback and easement encumbrances. A Building Envelope is the area where primary and accessory structures can be built. A Building Envelope is not the actual footprint of proposed structures, but rather the area in which they can be located upon the lot. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height between the eaves and ridges for gable, hip, and gambrel roofs. BZA: The Carmel Board of Zoning Appeals. City: The City of Carmel, Indiana. Commission: The Carmel Plan Commission. Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit B (“Concept Plan”) is the plan under which the Real Estate may be developed. Controlling Developer: Shall mean Epcon. Such rights as designated herein may be transferred by the Controlling Developer, in its sole discretion, in whole or in part. To transfer all or any portion of its rights as Controlling Developer, Epcon may (i) name each individual owner of parcels within the Real Estate as Controlling Developer solely with respect to such parcels owned by each such individual owner, (ii) establish a committee of individual owners of the Real Estate within the Real Estate to act as Controlling Developer with respect to such parcels owned by all such owners, or (iii) use either method described in (i) and (ii) above with respect to different portions of the Real Estate. Council: The City Council of the City of Carmel, Indiana. County: Hamilton County, Indiana. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate, or any portion thereof, which shall be recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Department: The Department of Community Services of the City of Carmel, Indiana. US.127029445.01 4 Detached Dwelling: A dwelling that is developed with no party-walls, but not including manufactured homes, mobile homes, modular homes, or recreational/motor vehicles. Developer: A person engaged in development of one or more phases of the Development. Development: The Real Estate developed in accordance with the Development Requirements. Development Requirements: Written development standards and any requirements specified in this PUD Ordinance, which must be satisfied in connection with the approval of a Primary Plat and building permits. Director: The Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. “Director” and “Administrator” shall include his/her authorized representatives. Dwelling: A structure intended for occupancy by a single family. Gross Residential Density: The number of Dwellings divided by and in relation to the total, gross number of acres within the Real Estate. Historic Home: The existing single-family structure on the Property that shall be incorporated into a two (2) +/- acre parcel and platted as part of the PUD District. Landscape Plan: The general design for landscaping in the PUD District shall be included as part of the final engineered Landscape Plan that will be submitted with the Primary Plat. Landscaping: Trees, shrubs, hedges, flowers, ground cover, grasses, other plant materials, and associated structures, hardscapes, and improvements. Masonry: Brick, stone, manufactured or synthetic stone or brick, limestone, natural stone, and cultured stone. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Minor Alteration: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan’s total area or approved materials and cannot include a decrease in the minimum open space or amenities, or the elimination of required plantings. Open Space: Open space shall comprise a parcel or parcels of land, an area of water, or a combination of land and water, including streams, wetlands, and associated natural features located within the Real Estate and designated by the Controlling Developer for the use and enjoyment of some or all of the residents of the US.127029445.01 5 Development and, where designated by the Controlling Developer, for the use and enjoyment of the community at large. Except as otherwise provided herein, common open space does not include any area which is divided into building lots, streets or rights-of-way. Parking Space: An area unenclosed or enclosed in a Building or in an Accessory Building utilized for the temporary storage of one automobile and connected with a street. Path: A paved or otherwise cleared way intended as a walking, jogging, or a bikeway and located in Open Space, an easement, or a right-of-way. Path locations shall be as depicted in Exhibit D. Real Estate: That certain real estate located in the City, Hamilton County, Indiana as legally described on Exhibit A attached hereto. Right-of-Way: An area of land permanently dedicated to provide access. Siding: Exterior material for use in cladding buildings, structures, and accessories of such. Siding may be engineered fiber cement (e.g., HardiePlank) or engineered wood (e.g., LP SmartSide) designed and installed in horizontal “lap”, shake or board and batten styles . Sign: Any type of sign as further defined and regulated by this PUD Ordinance and the Unified Development Ordinance. Any structure, fixture, placard, announcement, declaration, devise demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or any interests. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan’s total area or approved materials. Unified Development Ordinance: The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City’s official Zone Map corresponding the Unified Development Ordinance. Section 3. Permitted Primary Uses. Section 3.1. Single Family Detached. Detached Dwellings shall be permitted, subject to the applicable Development Requirements. Recreational developments or facilities owned and operated by the Controlling Developer, including clubhouses, parks, pools, ball courts, and other recreational spaces and recreational buildings shall be permitted. US.127029445.01 6 Section 3.2. Open Space and Park Areas. The following uses are permitted in the Open Space, or parts thereof as depicted on the Open Space Plan (Exhibit D), subject to the applicable Development Requirements: A. Preserved and enhanced natural features including, without limitation, ponds, streams, wetlands, forests, vegetation, passive open space, and limited active open space including trails and paths (both paved and unpaved). The Developer may engage in the removal of dead or diseased trees, thinning of trees or other vegetation to encourage more desirable growth, and grading and seeding. B. Not less than twenty (20) percent of the Real Estate shall be allocated to and shall remain in open space in perpetuity (11.88 acres). C. Recreational developments or facilities owned and operated by the Controlling Developer, including clubhouses, parks, pools, ball courts, and other recreational spaces and recreational buildings. D. Field including open active lawn, gathering structure, formal and naturalized gardens, historic information / cultural monumentation. E. Historic Home may be used as a historic home, neighborhood gathering space, clubhouse, maker’s space, and/or office and surrounding property as open space. The Historic Home and its associated lot shall count as Open Space. Section 4. Permitted Accessory Structures and Uses. Section 4.1. Accessory Structures and Uses. All Accessory Structures and Accessory Uses Allowed under the Unified Development Ordinance shall be permitted except that any detached Accessory Structure shall have on all sides the same architectural features or shall be architecturally compatible in terms of design, materials, and color with the principal building(s) with which it is associated. A temporary sales trailer shall be permitted, and a sales office in the clubhouse shall be permitted. Section 5. Communication Equipment. Section 5.1. Cell towers shall not be permitted. Home satellite dishes shall be permitted. Section 6. Platting. Section 6.1. The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the area requirements set forth below in Section 7, and the creation of a new property line within the Real Estate, shall not US.127029445.01 7 impose or establish new development standards beyond those specified below in Section 7 for the entirety of the Real Estate. However, the development of any parcel shall conform to all applicable Primary Plats and building permit reviews which are approved or amended per the terms and all other applicable requirements contained in this PUD Ordinance. Section 7. Development Standards. Section 7.1. General Standards. A. The Gross Residential Density for the entirety of the Real Estate shall not exceed one hundred sixty-nine Dwellings in addition to the Historic Home. B. A Dwelling may be utilized as a staffed model home, including temporary sales office, or a temporary construction facility, during the course of build-out of the Development, subject to the parking and signage requirements of the Unified Development Ordinance. A Certificate of Occupancy shall be required before the model is placed in service as a Dwelling. C. Fences or walls (i) in the front yard on non-corner lots shall not be more than thirty-six (36) inches in height, (ii) may not exceed six feet in fence panel height within rear and side yards and in the front yard on corner lots. Fence panel height shall be inclusive of all decorative items or features of fence (including lattice). Section 7.2. Height, Area and Square Footage Requirements. A. Minimum lot/parcel area: i) Front and Side Loading Lots: Six thousand (6,000) square feet; ii) Rear Loading Lots: Four thousand (4,000) square feet. B. Minimum lot/parcel frontage on street (public or private) or common area: i) All Lot types: Thirty-five (35) feet. C. Minimum front yard setback lines (corner lots shall have two front yards and one side yard): i) Front and Side Loading Garage: Fifteen (15) feet; ii) Rear Loading Garage: Ten (10) feet. US.127029445.01 8 D. Minimum side yard setback lines: i) All Lot types: Three (3) feet; ii) A minimum distance of eight (8) feet between Detached Dwellings is required; and iii) A minimum distance of eight (8) feet between Accessory Structures is required. E. Minimum rear yard setback lines: i) Front and side loading lots: Twenty (20) feet; and ii) Rear loading lots: Ten (10) feet from right-of-way or edge of private alley. F. Minimum lot width at building line: Fifty-two (52) feet. G. Maximum building height: i) All Lot types: Thirty-five (35) feet. H. Maximum lot coverage: i) All Lot types: 70 (seventy) percent. I. Building Envelope. i) Lot Building Envelopes shall be defined by the setbacks listed herein. J. Easements and Setbacks. i) Buildings shall not be permitted to encroach into easements and/or setbacks. Any such encroachment would require a variance from this standard granted by the Carmel Board of Zoning Appeals. Fences, landscaping, hardscapes, fountains, trellises and similar features may be installed in the side yard setback. Section 8. Concept Plan. Section 8.1. Exhibit B depicts the Conceptual Plan. The Real Estate shall be developed in accordance with the Concept Plan. The Concept Plan reflects the commitment of the maximum density and not the specific building types or number of buildings. The maximum density of the development shall be one hundred and sixty-nine (169) single family detached Dwellings. US.127029445.01 9 Section 9. Streets. Section 9.1. All streets (including Alleys) within the PUD District are to be dedicated for public use and accepted for maintenance by the City of Carmel and shall be constructed to the standards of the Unified Development Ordinance for Street and Alley design as applicable at the time of the ordinance for depth and materials. Widths and improvements within the rights-of-way for public streets within the PUD District shall be as depicted and described by this ordinance and there shall be a minimum of a five (5) foot sidewalk installed on both sides of a street. Utilities may be located within Alleys. All streets and right-of-ways shall be dedicated in accordance to those widths prescribed in Transportation Plan of the Carmel Comprehensive Plan in effect at the date of the approval of this ordinance. Notwithstanding the foregoing, in order to create a more intimate age-restricted neighborhood: (i) the Street rights-of-way shall be 52’ with twelve (12) foot travel lanes as depicted on Exhibit E and parking shall be limited to one side of each Street; and (ii) Alley rights-of-ways shall be 20’ with eight (8) foot travel lanes as depicted on Exhibit E. Section 9.2. Connection. The following connections will be built by the Controlling Developer: a) One (1) right-of-way width of a minimum forty (40) feet shall be dedicated to Carmel by the Developer for use as a connection from the PUD District to the subdivision to the East, Smokey Ridge via Smokey Ridge Lane; b) One (1) right-of-way width of a minimum forty (40) feet shall be dedicated to Carmel by the Developer for use as a connection from the PUD District to the subdivision to the East, Smokey Ridge via Smokey Ridge Trail; c) One (1) right- of-way width of fifty-two (52) feet shall be dedicated by the Developer for use as a connection from the PUD District to the subdivision to the north, Foster Estates, via Matt Street; and d) One (1) right-of-way width of a minimum forty (40) feet shall be dedicated to Carmel by the Developer for use as a connection from the PUD District to the subdivision to the West, Yorktown Woods via Millgate Drive. Section 9.3. Multi-use Path. A ten (10) foot multi-use path running parallel to Keystone Parkway is depicted on the Open Space plan at Exhibit D (the “Path”). Developer shall construct the Path from 136th Street to the northwest corner of the Real Estate. The Developer shall work in good faith with the City to acquire an easement for the construction of the Path through privately-owned property enabling the connection to the Hagan-Burke Trail. The portion of the path outside the limits of the Real Estate shall only be constructed if an easement is obtained from the property owners and a waiver of park impact fees is approved by the appropriate governing bodies. Section 9.4 Entrance of 136th St. Developer shall construct the most appropriate design for ingress/egress in the development as prescribed by the city engineer. Section 10. Architectural Standards. US.127029445.01 10 Section 10.1. Building materials. Single Family Detached residential primary and accessory structures shall be comprised of any mix and combination of the following materials: brick, cast stone, stone, cement fiberboard, engineered wood siding (e.g., LP SmartSide), siding, glass, wood or vinyl soffits, and vinyl windows and/or equivalent or superior quality thereof for all the foregoing, except that vinyl siding shall not be permitted. Section 10.2. Typical Building images, rendering and elevations. Attached hereto and incorporated herein by reference as Exhibit C are typical images, renderings and elevations, depicting the character of Single Family Detached Dwellings, to be constructed upon the Real Estate. Section 10.3. Single Family Detached - Front Load Garages. All front-load garages on Single Family Detached homes shall be set back from the primary front home elevation or covered porch by a minimum of 10 feet. Section 10.5. Masonry Water Table. All primary structures shall have a masonry base (excluding doors and openings) to the water table line (measured to the bottom of the lowest window on the home’s front façade), at a minimum, along the front façade and along the first four (4) feet of a side façade adjacent to the front facade. A masonry wainscot shall be required at a minimum to cover the building foundation on all facades (excluding doors and openings) for all Dwellings that include a basement. Section 10.6. Residential Architectural Diversity (AD) Standards. Neighborhoods shall promote streetscape diversity through varied elevations and or colors; the same Building elevation with the same color shall not be constructed for one (1) lot 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. (Please refer to the illustration below.) Section 11. Landscaping and Open Space Requirements. Section 11.1. Landscape Plans. The Landscape Plan shall be included with the Primary Plat. A full landscape plan shall be submitted with a Primary Plat, Secondary Plat, building permit. The Landscape Plan shall include, at a minimum, the following: US.127029445.01 11 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; and E. Methods of protecting landscaped areas. Section 11.2. Landscaping Standards. Landscaping installed pursuant to this PUD Ordinance and the City’s planting standards and best management practices shall be integrated with other functional and ornamental site design elements, where appropriate, such as landscape materials, paths, sidewalks, or any water features. Adequate soil volumes for mature growth shall be considered and supplied for each plant material that is installed. A. Plant Materials. Landscaping materials shall be appropriate to local growing and climate conditions and shall meet the requirements of the ANSI Z60.1 Standards. Plant health and suitability, maintenance, and compatibility with site construction features are critical factors that shall be considered. Plantings should be designed with diversity, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. i) Shade trees shall be at least two and a half inches (2.5”) in caliper diameter when planted; ii) Ornamental trees shall be at least one and a half inch (1.5”) in caliper diameter when planted; iii) Evergreen trees shall be at least six feet (6’) in height when planted; iv) Shrubs shall be at least eighteen inches (18”) in height when planted; v) Ornamental grasses must obtain a mature height of at least twelve (12) inches. B. 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. US.127029445.01 12 C. All landscaping approved as part of a Secondary 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 Urban Forester or his or her designee in order to conform to specific site conditions. D. It shall be the responsibility of the owners and their agents to ensure proper maintenance of project landscaping and pond areas approved in accordance with this PUD Ordinance. This may include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. E. Street Trees. Shade trees shall be planted along all streets (but not Alleys) within the right-of-way, parallel to the street and installed per City standards. This standard includes, but may not be limited to, streets and medians to be built. One shade tree shall be installed for every thirty to fifty feet (30’-50’) of ROW length. Street trees are not required to be uniformly spaced. As per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose), or within traffic vision safety clearances. Species shall be chosen from the City’s published list of recommended street trees. Tree lawns shall be a minimum of six (6) feet in width. Section 11.3. Best efforts shall be made to incorporate natural vegetation into the storm water management plans. Section 11.4. 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 11.5. Bufferyards. A. Perimeter: A perimeter bufferyard shall be installed along the boundaries of the PUD District. The bufferyard will be of type, size, and content based upon the below requirements. Existing vegetation may be applied towards perimeter bufferyards with approval of Urban Forester. Drainage improvements shall be permitted within the perimeter bufferyards. i) East Perimeter: US.127029445.01 13 Width: Forty (40) feet; Contents: 5 shade Trees, 1 ornamental tree, 20 shrubs per 100 linear feet. ii) North Perimeter: Width: Forty (40) feet; Contents: 5 shade trees, 1 ornamental tree. 20 shrubs per 100 linear feet. iii) West Perimeter Adjacent to Existing Single Family: Width: Forty (40) feet; Contents: 5 shade trees, 1 ornamental tree, 20 shrubs per 100 linear feet. iv) Southwestern Perimeter along Keystone Parkway: Width: Thirty (30) foot Greenbelt bufferyard; Contents: 6 shade trees, 2 ornamental trees, 15 shrubs per 100 linear feet; existing trees may count toward the total requirement. B. Internal Bufferyards: There shall be no internal Real Estate bufferyard requirements. Uses will be master planned to be complimentary in style and orientation, as such bufferyards between different residential uses and intensities shall not be required. Section 11.6. Foundation Plantings. A. Landscaping shall be installed along each Dwelling’s front façade and the first four (4) feet of a side façade adjacent to the front facade. The primary landscape materials used shall be ornamental trees, shrubs, perennial flowers, and ornamental grasses. Section 11.7. Parking Lot Plantings. A. Parking lot perimeters shall be landscaped to be screened from view from all adjacent public rights of way. A minimum width for the planting area for the parking lot perimeter plantings shall be six (6) feet. B. Parking lots containing more than 10 adjacent spaces shall require a minimum of one (1) shade tree and twenty (20) shrubs to be planted for every ten (10) parking spaces provided. Plantings shall be US.127029445.01 14 located in proximity to these parking spaces to provide screening and shade. Section 11.8 Tree Preservation. Tree Preservation Areas shall be regulated and well maintained in accordance with the following; however, the Tree Preservations Areas shall be subject to the rights of all utility and drainage easements therein. Plans shall be provided with the Primary Plat. The Tree Preservation Areas shall be along the perimeter of the Real Estate and shall be twenty (20) feet in width, at minimum. Tree Preservation areas shall be provided in the areas identified on the Concept Plan within Exhibit B. A. The following best management practices may be implemented with respect to Tree Preservation Areas: i) Removal of exotic and 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 dead, hazardous and at-risk trees; iii) Removal of vines growing on and up a tree; iv) Removal of an overabundance of fallen and cut trees; v) Planting of native trees; vi) Establishment of access easements, unpaved trails, utility and drainage improvements; vii) Complete maintenance activities by following industry standard using the current American Safety Institute (ANSI) Z-133 and A300 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) Removal of trees directed to be removed by municipal, county, state or federal agencies or departments or by a public utility; US.127029445.01 15 iv) Installation of access easements, rights-of-way, streets, paths, trails, sidewalks, utilities and drainage improvements and minor pedestrian area improvements (e.g. benches, trash receptacles, creek overlook areas); v) Community or common areas; provided any such use shall be designed to avoid unnecessary impact or damage to Tree Preservation Areas. C. The following activities shall be prohibited within Tree Preservation Areas: i) Removal of native vegetation; ii) Mowing and clearing any portion of a Tree Preservation Area; iii) Dumping of leaves and debris from outside locations into the Tree Preservation Area; iv) Seeding; including grass seed, prairie mix seed, sod and the planting of any type of garden unless approved by the City’s Urban Forester; v) The construction of pools, sheds, garages, decks, fences, playground equipment, tree houses, fire pits and other permanent or semi-permanent structures unless approved by the Carmel BZA; vi) Recreational activities that adversely impact the health, structure and integrity of a tree preservation area, including, playground equipment, basketball or tennis courts and 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; ii) 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. The City of Carmel tree preservation detail shall be used, and fence locations shall be shown on the landscape plan. Section 11.10. Open Space. US.127029445.01 16 A. An Open Space Plan shall be submitted noting the location and percentage of the site with distinctions of designed and natural areas including tree preservation areas. Open Space shall be depicted on the plans submitted with the Primary Plat, and as detailed in Section 3 of this Ordinance. A minimum of Twenty Percent (20%) of Open Space shall be preserved, which may include the land contributed for the Historic Home. B. The Developer may make common sense improvements such as the cutting of trails as depicted on the Concept Plan/Primary Plat, the provision of picnic areas, removal of dead or diseased trees, thinning of trees or other vegetation to encourage more desirable growth, and grading and seeding. C. Recreational buildings, structures, and improvements (for example, pools, clubhouses, picnic structures, pet parks, picnic area, community garden, bocce ball area, ball fields, tennis courts, and playground equipment) may be constructed in conjunction with all use areas including Open Space areas. D. Storm water quality/quantity treatment may be constructed in the open space. E. Trails shall be provided, to link open space areas. Hard surface trails shall be a minimum of six (6) feet wide. Aggregate and non- permanent trails can be of varying widths and shall be a minimum of four (4) feet wide. Trails, their locations, design, and material shall be substantially as outlined in Exhibit D. F. Open Space shall be landscaped as in a park setting and shall require a minimum of eight (8) shade trees shall be planted for every acre of open space. Section 12. Lighting. Section 12.1. Single Family Detached Residential Lighting. Front porch, stoop, and or attached entry lights shall be provided on all Detached Dwellings. Section 12.2. Street lighting (lighting in the street right-of-way) shall be illustrated on the Development Plan/Primary Plat, shall be provided by Controlling Developer and shall (i) be confined to the street intersections and (ii) meet all applicable City standards and (iii) be reviewed by the City. Section 12.3. Only security lighting as deemed necessary by the Developer or City shall be permitted within the Park/Open Space Areas. US.127029445.01 17 Section 12.4 Lighting in and around active open space and parking lots shall be designed and maintained so that it is reduced to the minimum amount reasonably required for security purposes. Section 12.5. No lighting that has been approved by the Plan Commission may later be substantially altered or eliminated without first obtaining further approval from the Plan Commission or a committee thereof. However, Minor Material Alterations of lighting may be approved by the Director or the Director’s designee. Section 12.6. Exterior lighting of the Buildings shall be located so that (i) there is zero (0) light directed off the site and (ii) the light source is shielded from direct offsite viewing. Section 12.7. All exterior ground-mounted architectural, display and decorative lighting shall be generated from concealed, low level fixtures. Section 12.8. Light fixtures in parking areas shall not be mounted so that the light source exceeds twenty feet (20) feet in height. Section 12.9. All pole-mounted and wall mounted fixtures shall have 90-degree cut off and/or flat lenses. Building accent lighting shall be exempt from this provision but shall be designed so that light is fully directed at the building façade. Section 12.10. Ground mounted lighting fixtures are permitted within areas designated for perimeter buffering. Section 13. Signs. Section 13.1. Single Family Detached Residential Area Signs. A. All signs shall meet the requirements of the Unified Development Ordinance, unless described herein. B. Typical signs shall be as depicted on plans submitted with the Primary Plat in terms of location, character, and construction. C. Development Entry Signs. There shall be one Development Entry Sign permitted for the entry into the Real Estate on 136th Street. Development Entry Signs shall be ground mounted, with copy area (including logos) no greater than six (6) feet from grade, and no more than fifty (50) square feet. Architectural and structural elements shall be exempt from height and square footage requirements. Overall sign structure shall not be greater than 10 feet in height from grade. D. Neighborhood/Block Signage. Neighborhood/Block Signage shall be permitted to designate internal neighborhoods, blocks, or residential clusters. These signs shall be ground mounted, with a US.127029445.01 18 maximum height of six (6) feet from grade, and no more than three (3) square feet. These signs shall be placed on one or two sides of street intersections. Plans submitted with the Primary Plat will depict character and detail of these types of signs. Section 13.2 Open Space and Park Area Signs. A. Pedestrian and bicycle wayfinding signage, as well as historical story boards and plaques may be incorporated throughout the Real Estate. This signage shall be of a permanent type construction and design and may include development logos and insignias. This signage shall not be regulated for content — but will be designed for slow moving readability, and pedestrian oriented scale. These signs shall be ground mounted, with a maximum height of six (6) feet from grade, and no more than twelve (12) square feet. B. Typical wayfinding signs could be as depicted on plans that shall be submitted with the Primary Plat in terms of location, character, and construction. C. Typical historic signs could be as depicted on plans that shall be submitted with the Primary Plat in terms of location, character, and construction. Section 14. Parking. Section 14.1. Automobile Parking. Except as provided herein this Section the requirements set forth in the Unified Development Ordinance shall apply in determining the standards applicable to parking spaces. Parking spaces shall be provided in the following manner: A. Single Family uses shall have a minimum of 2 garage parking spaces per dwelling. Space sizes shall be as per current City of Carmel parking standards. B. Parking areas shall be interconnected by internal driveway and coordinated to accommodate pedestrian access. C. Alley Parking Prohibited. All parking within alley right-of-ways shall be prohibited. Section 14.2. Bicycle Parking. Bicycle parking spaces shall be provided in compliance with the Unified Development Ordinance. Section 15. Historic Home. The following shall apply to the Historic Home: US.127029445.01 19 A. The Developer commits to working with the Carmel Historic Preservation Commission and the Indiana Landmarks Foundation (“Landmarks”) on a plan to preserve and rehabilitate the Historic Home. B. On or before the recording of the first secondary plat for the Real Estate, the Developer shall offer to donate the Historic Home to Landmarks with deed restrictions. Section 16. Homeowners Association and Declaration of Covenants. Section 16.1. Declaration of Covenants and Homeowners Association. A Declaration of Covenants (“CCR’s”) shall be prepared by the Controlling Developer in its discretion which shall also contain various provisions regarding the Real Estate, including provisions for an initiation fee, a budget requirement to fund general reserves, the use of the Real Estate, and improvement approval requirements after initial construction, and shall meet the requirements of the UDO. The CCR’s will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. The Controlling Developer shall record the CCR’s with the Recorder of Hamilton County, Indiana. At the discretion of the Developer, individual Associations may be established within each district, each required to be a member of the overall Master Association. There may be multiple Declarations of Covenants and Associations. A Declaration of Covenants and Homeowners Association shall be submitted with each applicable Primary Plat for this development. Section 17. Development Procedure. Section 17.1. Approval of the Primary Plat and Secondary Plat. The required Primary Plat and Secondary Plat shall follow the adopted process by the Commission as prescribed in the City of Carmel Unified Development Ordinance. Therefore, a Primary Plat and Secondary Plat (whichever is applicable and governing per City of Carmel Unified Development Ordinance) approval shall be required prior to issuance of an Improvement Location Permits for this PUD Ordinance. Section 17.2. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the dimensional standards by less than ten (10) percent of the specified standard. Modification of the Development Requirements requested by the Developer may be approved by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission’s Rules of Procedure. However, any decision of a hearing examiner or committee which approves or denies any requested modification may be appealed by the Director or any interested party (including the Developer) to the Commission, also in US.127029445.01 20 accordance with the Commission’s Rules of Procedure. Any approval of such waiver is subject to the following criteria: A. The proposal shall be in harmony with the purposes and land use requirements contained in this PUD Ordinance. B. The proposal shall complement the overall Primary Plat and Secondary Plat and the adjoining streetscapes and neighborhoods. C. The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of this PUD District and must not adversely affect emergency access in the area. D. If the Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse impact on development in this PUD District, it shall grant a modification of the Development Requirements. In granting modifications, the Commission may impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of this PUD Ordinance. Section 17.3. Variances of Development Requirements. The BZA may authorize Variances from the terms of this PUD Ordinance, subject to the procedure prescribed in the Unified Development Ordinance. Section 18. Violations and Enforcement. All violations and enforcement of this PUD Ordinance shall be subject to the Unified Development Ordinance. Section 19. Exhibits. All the Exhibits on the following pages are attached to this PUD Ordinance, are incorporated by reference into this PUD Ordinance and are part of this PUD Ordinance. [The remainder of this page has been intentionally left blank] US.127029445.01 28 EXHIBIT A OVERALL SURVEYED LAND DESCRIPTION Part of the South Half of Section 19, Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana, being that 59.43 acre tract of land shown on the plat of an ALTA/NSPS Land Title Survey – Boundary Retracement Survey of said tract certified by Tania M. Cree, PS #LS20400014 on March 12, 2020, as Schneider Geomatics Project Number 12064 (all references to monuments and courses herein are as shown on said plat of survey) described as follows: COMMENCING at Harrison monument at the southeast corner of the Southeast Quarter of said Section 19, Township 18 North, Range 4 East; thence South 89 degrees 50 minutes 17 seconds West (basis of bearing per Indiana State Plane Coordinates – East Zone) along the south line of said Quarter Section a distance of 1345.65 feet to the southerly extension of the west line of Smokey Hollow, as per plat thereof recorded in Plat Book 13, Page 130, as Instrument #8706433, in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 05 minutes 56 seconds West along said line a distance of 129.44 feet to a 5/8" rebar with yellow cap stamped "SCHNEIDER FIRM #0001" set (hereafter referred to as "rebar set") on the north right-of-way line of East 136th Street as described in Instrument #2011042266 in said Recorder's Office, and the POINT OF BEGINNING; thence North 72 degrees 58 minutes 47 seconds West along said right-of-way line a distance of 156.13 feet to a "rebar set"; thence North 47 degrees 59 minutes 25 seconds West continuing along said north right-of-way line a distance of 235.09 feet to a "rebar set" on the east right-of-way line of Keystone Parkway (US 431) as established per Indiana State Highway S-Project No. 165(14) R/W plans dated 8/15/60, the following 6 courses being along said east right-of-way line of Keystone Parkway; (1) thence North 29 degrees 04 minutes 01 seconds West a distance of 99.83 feet to a "rebar set"; (2) thence North 37 degrees 13 minutes 48 seconds West a distance of 312.65 feet to a "rebar set" at a point on a non-tangent curve having a radius of 3,974.72 feet, the radius point of which bears South 52 degrees 21 minutes 06 West; (3) thence northwesterly along said curve an arc distance of 424.66 feet to a "rebar set" lying 0.7 feet north and 1.6 feet west of a 4"x 4" concrete right-of-way marker, said rebar lies North 46 degrees 13 minutes 48 seconds East from said radius point; (4) thence North 45 degrees 15 minutes 47 seconds West a distance of 191.97 feet to a point lying 1.6 feet north and 0.6 feet east of a concrete right-of-way marker; (5) thence North 43 degrees 46 minutes 14 seconds West a distance of 900.00 feet to a "rebar set", said point lying 1.1 feet north and 1.2 feet west of a concrete right-of-way marker; (6) thence North 41 degrees 30 minutes 32 seconds West a distance of 125.91 feet to a point lying 1.8 feet northwest of a broken concrete right-of-way marker, said point lying on the southeasterly line of Yorktown Woods, as per plat thereof recorded in Plat Cabinet 4, Slide 48, as Instrument #200600017282, in said Recorder's Office; thence North 65 degrees 52 minutes 06 seconds East along said line a distance of 369.36 feet to the southeast corner of Yorktown Woods, said point lying 0.1 feet north of a 5/8" rebar with yellow cap stamped "WEIHE ENGR" found; thence North 00 degrees 01 minutes 49 seconds West along the east line of said Yorktown Woods a distance of 623.38 feet to a stone found on the north line of the Southwest Quarter of said Section 19; thence North 89 degrees 28 minutes 28 seconds East along said line a distance of 29.49 feet to a stone which lies 0.4 feet west of a 5/8" rebar with yellow cap stamped "SCHNEIDER FIRM US.127029445.01 29 #0001", said point also being at the southwest corner of Foster Estates, Section 8, as per plat thereof recorded in Plat Cabinet 2, Slide 190, as Instrument #9864442, in said Recorder's Office; thence North 89 degrees 45 minutes 50 seconds East along the north line of said Quarter Section a distance of 1310.67 feet to the northwest corner of Smokey Ridge – Section Four, as per plat thereof recorded in Plat Cabinet 1, Slide 54, as Instrument #8921931, said point lying 0.4 feet east of a 5/8" rebar with yellow cap stamped "MILLER SURVEYING" found flush with the surface, thence South 00 degrees 05 minutes 17 seconds East along the west line of said Smokey Ridge – Section Four, Smokey Ridge – Section Three, as per plat thereof recorded in Plat Book 15, Pages 10-13, as Instrument #8748155, and Smokey Ridge – Section Two, as per plat thereof recorded in Plat Book 15, Pages 6-9, as Instrument #8748154, a distance of 2002.30 feet to a concrete monument found at the northwest corner of Smokey Hollow, as per plat thereof recorded in Plat Book 13, Page 130, as Instrument #8706433; thence South 00 degrees 05 minutes 56 seconds East along the west line of said Smokey Hollow a distance of 518.04 feet to the POINT OF BEGINNING, containing 59.43 acres, more or less. US.127029445.01 30 EXHIBIT B Concept and Aerial Layout Plans US.127029445.01 31 EXHIBIT C Rendering Exhibits US.127029445.01 32 US.127029445.01 33 US.127029445.01 34 EXHIBIT D Open Space Plan US.127029445.01 35 EXHIBIT E Right-of-Way Sections US.127029445.01 36 The ordinance shall be effective upon its passage by the Council, in accordance with Indiana Code 36-4-6 et seq. ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of _______________, 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Laura D. Campbell, President Sue Finkam, Vice President Adam Aasen Anthony Green H. Bruce Kimball Miles Nelson Kevin D. Rider Jeff Worrell Timothy J. Hannon ATTEST Sue Wolfgang, Clerk I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Steven D. Hardin. This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240.