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HomeMy WebLinkAboutZ-653-20/Jackson's Grant Village PUDVersion | 08.17.20 Jackson’s Grant Village Page | 1 Sponsor: Councilor Rider JACKSON’S GRANT VILLAGE A PLANNED UNIT DEVELOPMENT DISTRICT CARMEL, INDIANA ORDINANCE Z-653-20 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 2 JACKSON’S GRANT VILLAGE A PLANNED UNIT DEVELOPMENT DISTRICT Table of Contents Section 1. Applicability of Ordinance. .................................................................................. 3 Section 2. Definitions. ............................................................................................................. 3 Section 3. District Description. .............................................................................................. 6 Section 4. Conceptual Plan. ................................................................................................... 6 Section 5. Amenities. .............................................................................................................. 7 Section 6. Permitted Uses. ...................................................................................................... 7 Section 7. Bulk and Density Standards. ............................................................................... 8 Section 8. Architectural and Design Standards. .................................................................. 9 Section 9. Signage. .................................................................................................................. 9 Section 10. Lighting. ................................................................................................................. 9 Section 11. Parking and Loading. ......................................................................................... 10 Section 12. Landscaping......................................................................................................... 11 Section 13. Open Space. ......................................................................................................... 16 Section 14. Pedestrian and Bicycle Connectivity. ................................................................ 18 Section 15. Infrastructure and Environmental Standards. ................................................ 20 Section 16. Owners’ Association and Declaration(s) of Covenants. .................................. 25 Section 17. Development Plan Approval. ............................................................................. 25 Section 18. Violations and Enforcement............................................................................... 27 Section 19. Schedule of Exhibits. ........................................................................................... 56 Section 20. Adoption............................................................................................................... 55 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 3 Sponsor: Councilor Rider ORDINANCE Z-653-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Establishing the Jackson’s Grant Village Planned Unit Development District WHEREAS, Section 9.05 of the City of Carmel Unified Development Ordinance Z-625- 17 (the "UDO") provides for the establishment of a Planned Unit Development District in accordance with Indiana Code §36-7-4-1500 et seq.; and WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") conducted a public hearing on docket number 19120002 PUD at its April 23, 2020, meeting as required by law; and WHEREAS, the Plan Commission sent an unfavorable recommendation relating to docket number 19120002 PUD to the Common Council of the City of Carmel, Indiana; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to Indiana Code §36-7-4-1500 et seq., it hereby adopts this ordinance (the "Ordinance") as an amendment to the Official Zoning Map (the "Zoning Map") and UDO to establish this Planned Unit Development District to read as follows: Section 1. Applicability of Ordinance. 1.1 The Zoning Map is hereby changed to designate the land described in Exhibit A, attached hereto (the "Real Estate"), as a Planned Unit Development District to be known as the Jackson’s Grant Village PUD District (the "District"). 1.2 Development in this District shall be governed entirely by (i) the provisions of this Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Ordinance. 1.3 All provisions and representations of the UDO that conflict with the provisions of this Ordinance are hereby rescinded as applied to the Real Estate and shall be superseded by the terms of this Ordinance. Section 2. Definitions. 2.1 The general rules of construction set forth in Article 11 of the UDO and the definitions set forth in this Ordinance shall apply to the regulations of this DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 4 Ordinance. Words not defined herein but defined in the UDO shall be interpreted in accordance with the UDO definition. 2.2 ADLS: See DP/ADLS Approval definition. 2.3 Building, Attached Residential: A Building including any one or combination of the following: Attached Dwellings, Multiple-Family Dwellings, Two-Family Dwellings, and Townhouses; and its ancillary uses. 2.4 Building, Commercial: A Building used for a Commercial Use. 2.5 Building, Detached Residential: A Building including the following: Single-Family Dwelling; and its ancillary uses. 2.6 Character Exhibits: The illustrative exhibits attached hereto and incorporated herein by reference as Exhibit H. The Character Exhibits are a compilation of conceptual plans, images and sketches designed to capture the intended character of the District. Although the Character Exhibits do not necessarily represent the final design of the District’s built environment, it does establish a benchmark for the quality and character of the overall District as well as the District’s various design elements that contribute to this vision. 2.7 Community Amenities: Recreational facilities and spaces, including, without limitation, any one or a combination of the following: (i) Open Space; (ii) trails; (iii) picnic shelters; (iv) gathering places; (v) recreational/community buildings; and (vi) recreational equipment located in common areas and for the use of residents, occupants and their guests. 2.8 Conceptual Plan: The plan attached hereto and incorporated herein by reference as Exhibit B. 2.9 Declaration(s) of Covenants: A declaration of covenants, conditions, and restrictions applicable to the Real Estate or any portion thereof which shall be prepared by the Master Developer and recorded in the office of the Recorder of Hamilton County, Indiana, and which may be amended from time to time. 2.10 Design Review Committee: A board appointed by the Master Developer and established by the Declaration(s) of Covenants responsible for the review of improvements in accordance with this Ordinance and the Declaration(s) of Covenants. 2.11 Developer: Any individual, corporation, partnership or entity engaged in the improvement of a parcel of land or construction of a Dwelling within the District. 2.12 Developer, Master: JG Village, LLC, until such time as it transfers, or assigns, in writing its rights as Master Developer. Such rights may be transferred by the Master Developer, in its sole discretion, in whole or in part, but only by written instrument signed by the Master Developer. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 5 2.13 Development Requirements: Written development standards and any written requirements specified in this Ordinance which must be satisfied in connection with the approval of a Development Plan or building permit. 2.14 DP/ADLS Approval: Development Plan and/or Architectural Design, Exterior Lighting, Landscaping & Signage approval by the Plan Commission, in accordance with Section 9.03 of the UDO. 2.15 Dwelling Unit Size: The living space of a Dwelling Unit measured by floor area and that is enclosed by walls and covered by a roof. Terraces, garages, and open unheated porches shall be excluded when calculating a Minimum Dwelling Unit Size. 2.16 Historical Architectural Style: Shall mean and refer to such styles including, but not limited to: (i) Victorian; (ii) Cape Cod; (iii) Craftsman; (iv) Traditional Farmhouse; (v) French Country; (vi) Classic and Greek Revival; (vii) Colonial Revival; (viii) Tudor Revival; or (ix) homes with various exterior architectural elements, taken from the foregoing, to create more recent or modern versions of the foregoing. The Department shall have the authority to determine whether a specific house plan qualifies as a Historical Architectural Style. 2.17 Lane, Rear: A permanent service way providing a secondary means of access to abutting lands. A Rear Lane is an Alley as regulated by the UDO and as such, shall be built in accordance with the design requirements in Article 7 of the UDO. 2.18 Masonry: Brick, limestone, natural stone, cultured stone, or other similar building material or a combination of the same, bonded together with mortar to form a wall, buttress or similar mass. Masonry does not include EFIS material. 2.19 Open Space: A parcel or parcels of land, an area of water, or a combination of land and water, including flood plain areas and wetlands located within the District designated for the use and enjoyment of some or all of the residents of the District and, where designated, for the use and enjoyment of the community at large. Open Space may consist of manicured or natural spaces, storm water detention areas, ponds, creeks, recreational sports fields, golf courses, trails, Off-Street Trails and Community Amenities. Bioswales (or segments of bioswales) which are at least twenty (20) feet in width shall qualify as Open Space. Water features and structures (e.g., gazebos, arbors, pergolas, benches, ash receptacles, trash receptacles, recycling receptacles, bicycle racks) associated with outdoor pedestrian areas may be used to enhance the space. Except as otherwise provided herein, Open Space does not include areas divided into building lots, streets (except the landscaped medians of boulevards) or rights-of-way (except Off-Street Trails). The area of parking facilities serving Open Space activities and pedestrian paths or sidewalks located therein may be included in the required Open Space area computations. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 6 2.20 Open Space, Natural: Land areas set aside as Open Space in a naturally occurring state, as depicted on the Conceptual Plan. Natural Open Space includes Open Spaces designated as Tree Preservation Areas or Nature Preserves. 2.21 Owners Association(s): An association of owners as established by the Declaration(s) of Covenants. 2.22 Transportation Plan: A part of the Carmel Clay Comprehensive Plan that sets forth the location, alignment, dimensions, identification and classification of existing and proposed vehicular, bicycle, pedestrian and mass transit thoroughfares and includes the Thoroughfare Plan, Bicycle and Pedestrian Facility Plan and Transit Plan. 2.23 Tree Preservation Area: Natural Open Spaces within the District to be preserved and maintained in accordance with Section 12.5 of this Ordinance. Such areas shall be delineated as part of a Preliminary Plat or Development Plan approval. 2.24 Unified Development Ordinance: The Carmel Unified Development Ordinance Z- 625-17, in effect on the date of the enactment of this Ordinance. Amendments to the Unified Development Ordinance after the enactment of this Ordinance shall not apply to the District unless the Director determines that the amendment does not materially or negatively impact the ability to develop the Real Estate pursuant to this Ordinance and that the amendment is consistent with the District’s intent. 2.25 Use, Non-Residential: A Use identified in the Use Table under the following headings: Office Uses, Institutional Uses, Educational Uses, Retail and Service Uses, Cultural and Entertainment Uses, Industrial Uses, Agricultural Uses, Recreational Uses and Transportation and Communication Uses. 2.26 Use, Residential: A Use identified in the Use Table under the heading of Residential Uses. 2.27 Use Table: The table attached hereto and incorporated herein by reference as Exhibit C identifying the Uses permitted within the District. 2.28 Zoning Map: The City’s official zoning map adopted by reference in the UDO. Section 3. District Description. 3.1 The District will include a mix of residential uses that will offer a variety of housing choices targeted towards the active-adult/empty-nester and young professional. The District will also include neighborhood commercial uses, and gathering spaces designed to serve the immediately surrounding neighborhoods. Pedestrian connectivity will be emphasized. Section 4. Conceptual Plan. 4.1 The Conceptual Plan provides a general vision for the development of the District which illustrates one possible layout of lots, internal drives, uses, green space, DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 7 thoroughfares, and buildings that are permitted by this Ordinance. The Conceptual Plan is only conceptual. The final layout and site plans shall be subject to the terms and conditions of this Ordinance and may vary from the Conceptual Plan. Section 5. Amenities. The District will contain a community building dedicated to the Homeowners Association for the use by its residents along with a village green and a pond overlook park with features to promote community gatherings and enjoyment. Section 6. Permitted Uses. 6.1 The Conceptual Plan divides the District into three (3) Areas: Area A (Detached Residential), Area B (Attached Residential), and Area C (Neighborhood Commercial / Attached Residential). The uses permitted within each Area shall be as set forth in this section and in the Use Table. 6.2 Accessory Buildings and Uses. Accessory Buildings and Uses shall be permitted and shall be subject to the terms and restrictions of Article 5 of the UDO. 6.3 Special Uses. Special Uses shall be permitted as set forth in the Use Table and shall be subject to review and subsequent approval pursuant to Article 9 of the UDO. 6.4 Temporary Uses. Temporary uses shall be permitted as set forth in the Use Table and shall be subject to the terms and restrictions of Article 5 of the UDO. 6.5 Home Occupations. Home Occupations shall be permitted as set forth in the Use Table and shall be subject to the terms and restrictions of Article 5 of the UDO. 6.6 Non-Conforming Uses & Exemptions. Non-conforming uses and exemptions shall be subject to the terms and restrictions of Article 8 of the UDO. 6.7 Area C Additional Restrictions. Without the approval of the Commission, no restaurant shall be open for business between the hours of 11:01 p.m. and 6:00 a.m. except that the closing time may be extended from 11:01 p.m. to 12:00 a.m. on Friday and Saturday nights. Trash removal, compaction, service vehicles, deliveries, parking lot sweepers, etc. shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m. with the exception of snow removal. Noise levels will be restricted in accordance with Section 6-158 “Noise Regulations” of the Carmel City Code as established for an S-2 Zoning District. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 8 Section 7. Bulk and Density Standards. 7.1 The following standards shall apply. The maximum Building Height shall be thirty-five (35) feet. Building Type Minimum Lot Minimum Yard Setbacks Min. Dwelling Unit Size (SF) Max. Lot Coverage Width Area (SF) Street Frontage Front1 Side (Aggregate) Rear 1-story 2-story Detached Residential Buildings 55' 6,600 30' 25' 5' (10') 20' 1,600 2,000 50% 65' 7,750 35' 25' 5' (10') 20' 1,600 2,000 Attached Residential Buildings 0' 5' 20'2 10' 1,600 2,000 75% Neighborhood Commercial Buildings 20’ 1,300 20’ 5’ 10’ from residential, 0' from commercial 10’ N/A 80% 1 The following front yard setbacks shall apply for: (i) Dwellings w/ rear load garages, 10’; and (ii) Dwellings w/ courtyard garages, 20'. 2 The side yard setback for attached residential buildings is the minimum distance required between the side walls of two (2) multi-family buildings. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 9 7.2 Maximum Residential Densities. The maximum number of Dwellings in Area A shall be 19. The maximum number of Dwellings in Area B and C combined shall be 70. The total number of Dwellings permitted in the District shall not exceed eighty-nine (89) without an amendment to this Ordinance. However, the total number of Dwellings shall be reduced by one Dwelling for each 1,300 square feet of commercial building developed. Section 8. Architectural and Design Standards. 8.1 Detached Residential Buildings. The architectural and design standards applicable to Detached Residential Buildings are specified in Exhibit D. Character illustrations indicating conceptually the intended architecture and appearance of Dwellings are provided in the Character Exhibits. 8.2 Attached Residential Buildings. The architectural and design standards applicable to Attached Residential Buildings are specified in Exhibit E. Character illustrations indicating conceptually the intended architecture and appearance of Dwellings are provided in the Character Exhibits. 8.3 Neighborhood Commercial Buildings. The architectural and design standards applicable to Neighborhood Commercial Buildings are specified in Exhibit F. Character illustrations indicating conceptually the intended architecture and appearance of Buildings are provided in the Character Exhibits. 8.4 Empty-Nester / Active Adult Standards. The empty-nester / active adult standards set forth in Exhibit G shall apply to any single-family lot within the District that has a Lot Width of less than seventy (70) feet. Section 9. Signage. 9.1 The District’s signs shall comply with Article 5.39 Sign Standards of the UDO and as set forth in this section. 9.2 Signage easements will be provided on final secondary plats as needed at entrances. 9.3 Decorative street signage may differ from the City’s standards if approved by the City’s Engineering Department, and the City’s Street Department, and if it conforms to the Indiana Manual on Uniform Traffic Control Devices. 9.4 Character Exhibits. Character illustrations indicating conceptually the intended design and appearance of signage and monumentation is provided in the Character Exhibits. Section 10. Lighting. 10.1 Street lighting shall be decorative, as illustrated in the Character Exhibits, and shall be consistent throughout the District. Decorative street lighting may differ from the City’s standard fixtures if approved by the City’s Engineering Department. Parking DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 10 area lighting and street lighting shall be of a uniform design and materials, and street lighting shall be substantially similar to the existing Jackson’s Grant lighting. 10.2 Street lighting on public residential streets shall be limited to one (1) light at each street intersection. The maximum height of street light fixtures within the District shall be fifteen (15) feet within residential areas, on all street corners, and in all common area locations, and eighteen (18) feet within commercial parking areas. 10.3 All exterior accent lighting (e.g., architectural, display, landscaping, decorative lighting, pedestrian walkway bollards) shall be generated from concealed, low level fixtures. The light bulb shall be shielded from view of any street, sidewalk, or adjacent lot. 10.4 The maximum height of light fixtures in parking areas shall not exceed the Building Height, or eighteen (18) feet, whichever is less. The height of parking area light fixtures within ninety (90) feet of a Single-Family Dwelling shall not exceed fifteen (15) feet. 10.5 Exterior lighting of a Building or site shall be designed so light is not directed off the site and the light source is shielded from direct offsite viewing. 10.6 Open space/public space lighting shall be decorative and pedestrian scale. Section 11. Parking and Loading. 11.1 General Standards. Parking shall comply with Article 5 of the UDO, except as provided below. 11.2 Residential Use Parking. A minimum of two (2) parking spaces shall be required per Dwelling. Garages and areas within driveways 16’ or greater in length shall count toward this requirement. In addition, one (1) off-street guest parking space per every seven (7) Attached Dwellings shall be provided. 11.3 Commercial Use Parking. A minimum of three (3) parking spaces per 1,000 square feet of interior commercial space shall be required. Parking shall not be located between the commercial buildings and Springmill Road. 11.4 On-street Parking. On-street parking shall be permitted on the Real Estate’s internal streets and drives. Residential on-street parking spaces may not be counted as part of the total commercial parking spaces required. Commercial areas may include on- street parking adjacent to or across the street from the commercial area, not including cul-de-sac bulb parking, as part of the total parking spaces required for commercial uses. Each parallel on-street parking space shall be a minimum of twenty-two (22) feet in length. 11.5 Loading and Service Areas. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 11 A. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear or side of Buildings as possible. B. Screening and landscaping shall prevent direct views of the loading and service areas from adjacent residential properties or from the public right- of-way. Screening and buffering shall be achieved through the use of walls, fences, or landscaping. Screening shall be a minimum of five (5) feet tall and visually impervious. Recesses in the Building or depressed access ramps may be used. 11.6 Bicycle Parking. Bicycle parking shall comply with Section 5.29 of the UDO. Section 12. Landscaping. 12.1 Landscaping shall be provided in accordance with the following sections of the UDO: A. General Landscaping (Section 5.19) B. Street Trees (Section 5.19) C. District’s Perimeter Landscaping: (i) Adjacent to Right-of-Way (Section 5.19) (ii) Not Adjacent to Right-of-Way (Section 5.19) D. Foundation and Lot Plantings (Section 5.19) 12.2 General Landscaping Standards. Landscaping shall be integrated, where appropriate, with other functional and ornamental site design elements (e.g., hardscape materials, entryway monumentation, paths, sidewalks, fencing, or water features). 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 the site design. B. All plantings to be used in accordance with any landscaping requirement of this Ordinance shall meet the following specifications: (i) All trees, shrubs and ground covers shall be planted according to the American Standard for Nursery Stock (ANSI Z60.1) and following the standards, including planting details, provided by the City’s Urban Forester. Landscaping materials shall be appropriate to local growing and climatic conditions. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 12 (ii) Shade trees shall be a minimum of two and one half (2.5) inches caliper at planting. (iii) Ornamental trees shall be a minimum of one and one half (1.5) inches caliper at planting. (iv) Evergreen trees shall be a minimum height of six (6) feet at planting. (v) Shrubs shall be a minimum height of eighteen (18) inches at planting. (vi) Evergreen trees may be substituted in lieu of shrubs required by this Ordinance on a 1:3 basis (one tree equals three shrubs). C. Existing vegetation may be used to achieve required landscaping if: (i) the vegetation located on the subject parcel is of suitable quality, size, and state of health to achieve required landscaping; and (ii) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. The preservation of existing vegetation shall constitute an in-kind credit toward meeting the landscape requirements of this Ordinance. A credit, which value shall be determined in consultation with the City’s Urban Forester, shall be given per tree that contributes to and satisfies similarly the intent of a particular section of this Ordinance. D. All landscaping approved as part of an ADLS plan shall be installed, weather permitting, prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall request a temporary Certificate of Occupancy prior to the issuance of the Final Certificate of Occupancy, which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. E. All landscaping approved as part of an ADLS plan may not later 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 designee in order to conform to specific site conditions. F. It shall be the responsibility of the property owners and their agents to insure proper maintenance of all trees, shrubs and other landscaping required by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. G. Landscaping shall be prohibited within the Vision Clearance on Corner Lots. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 13 12.3 Street Trees. A. Shade trees shall be planted parallel to each public street and within the street right-of-way pursuant to the City’s published street tree planting specifications. Street trees shall not be required along and adjacent to Rear Lanes. B. Street tree species shall be selected from the City’s published list of recommended street trees and shall be planted a minimum of thirty (30) feet and a maximum of fifty (50) feet on center. C. In areas of high pedestrian and non-residential activity, tree wells shall be covered with decorative grates or pavers in order to maximize uninterrupted pedestrian pathways. Where ample passage area is provided, tree planting areas shall be treated as planting beds to soften the hardscape. D. When an appropriate street tree size has been achieved, as determined by the City’s Urban Forester, street trees shall be pruned to a height of eight (8) feet minimum over sidewalks and twelve (12) feet minimum over streets, to allow free passage along the sidewalk. E. No street tree shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose). However, where the logical location of proposed utilities would compromise the desired effect, the Developer may solicit the aid of the City’s Urban Forester in mediating an alternative. 12.4 Perimeter Landscaping Adjacent to Right-of-Way. Landscaping along the District’s perimeter abutting rights-of-way shall be provided pursuant to this section. Perimeter landscaping shall not be planted within the public right-of-way. Additionally, no perimeter landscape yard shall be required in those areas along the perimeter of the Real Estate which is occupied by an Open Space common area which is greater than or equal to fifty (50) feet in width. The referenced bufferyard types shall be pursuant to Section 5.19 of the UDO. A. Spring Mill Road. Bufferyards shall be required where the Real Estate abuts Spring Mill Road in accordance with this section. (i) Residential Uses: A minimum twenty (20) foot wide greenbelt shall be required where the residential uses abut Spring Mill Road which shall include plantings pursuant to the Type "D" Bufferyard (8 shade or evergreen trees, 2 ornamental trees, and 20 shrubs per 100 linear feet). (ii) Commercial Uses: A minimum twenty (20) foot wide greenbelt shall be required where the Real Estate abuts Springmill Road, which shall include street trees a maximum of fifty (50) feet on center. Alternatively, the number of street trees equivalent to the DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 14 requirement may be clustered at variable intervals along the commercial area street frontage. B. 116th Street. Where a frontage road is not utilized and where the rear or side elevations of a Dwelling back up to 116th Street, a minimum forty (40) foot wide greenbelt shall be required which shall include either a decorative four-board horse fence, masonry wall or a minimum three (3) foot tall undulating mound and plantings pursuant to the Type "D" Bufferyard (8 shade or evergreen trees, 2 ornamental trees, and 20 shrubs per 100 linear feet). A Type "B" Bufferyard (5 shade or evergreen trees, 1 ornamental trees, and 10 shrubs per 100 linear feet) without a mound shall be used in those areas where a frontage road is utilized. C. The incorporation of pedestrian ways and bikeways into the perimeter right- of- way landscaping design is encouraged. The incorporation of signage and lighting into the perimeter right-of-way landscaping design is permitted; however, no parking areas or Buildings shall be permitted within the perimeter right-of-way landscaping area. 12.5 Perimeter Landscaping Not Adjacent to Public Right-of-Way. The following shall apply for those portions of the District’s perimeter not abutting a public right-of- way. The referenced bufferyard types shall be pursuant to Section 5.19 of the UDO. A. District’s West Property Line: A minimum ten (10) foot wide landscape buffer easement shall be required where individual residential lots abut the District’s west property line. Plantings pursuant to the requirements of a Type "A" Bufferyard (4 shade or evergreen trees, 0 ornamental trees, and 10 shrubs per 100 linear feet) shall be installed within the landscape buffer easement, except that within an area 250’ in length north and south of the home on parcel number 17-09-34-00-00-022.000, the buffer easement shall be 20’ in width and contain plantings pursuant to the requirements of a type “B” Bufferyard (5 shade or evergreen trees, 1 ornamental tree and 10 shrubs per 100 linear feet). Existing healthy trees within the landscape buffer easement that are greater than two and one half (2.5) inches caliper shall count toward the requirement and shall be preserved and maintained whenever possible. B. Parcel Number 17-09-34-00-00-020.000: As long as parcel number 17-09- 34-00-00-020.000 is used as a detached residential dwelling, a six-foot tall cedar shadow box style privacy fence with a minimum five (5) foot wide landscape buffer easement shall be installed around the parcel. Plantings pursuant to the requirements of a Type “A” Bufferyard (4 shade or evergreen trees, 0 ornamental trees, and 10 shrubs per 100 linear feet) shall be installed within the landscape buffer easement. Existing healthy trees within the landscape buffer easement that are greater than two and one half (2.5) inches caliper shall count toward the requirement and shall be preserved and maintained whenever possible. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 15 C. No bufferyards or plantings shall be required between or within the District’s various uses or along the Real Estate’s northern property line congruent with the existing Jackson’s Grant development. 12.6 Foundation and Lot Plantings. A. Design Intent. Foundation and lot plantings are used to: (i) soften the architectural lines of Buildings; (ii) frame the primary views to Buildings and public spaces; and (iii) blend architectural designs with the landscape design. Landscaping shall be designed to appropriately complement a Building’s use, setback, height, and architectural features. Window boxes for flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the foundation of a Building due to the Building’s proximity to a sidewalk, path, street, right-of-way or easement. B. Single-Family Dwellings. The following planting requirements apply to all Single-Family Dwellings: (i) Lots with six thousand (6,000) or less square feet shall be required to plant one (1) shade tree or one (1) evergreen tree in the front yard. If there is not sufficient area for the tree to be placed in the front yard, then the required tree may be planted in a side or rear yard. (ii) Lots between six thousand (6,000) and fifteen thousand (15,000) square feet shall be required to plant two (2) trees in the front yard. If there is not sufficient area for the tree to be placed in the front yard, then the required tree(s) may be planted in a side yard. (iii) Lots over fifteen thousand (15,000) square feet shall be required to plant three (3) trees with at least one (1) tree in the front yard. (iv) All lots shall have a minimum of seven (7) shrubs and/or ornamental grasses along the foundation facing a street. Corner lots shall install seven (7) shrubs per side facing a street. C. Attached Residential Buildings. The following minimum foundation planting requirements shall apply to any elevation with frontage on a public right-of-way: (i) If plantings cannot be planted within twenty (20) feet of the foundation wall, then an alternative location on the lot may be chosen for planting. (ii) Townhouses: Five (5) shrubs and/or ornamental grasses, and one (1) shade tree and one (1) ornamental tree shall be planted for every two (2) Townhouses. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 16 D. Commercial Buildings: Street trees shall be planted in front of commercial uses a maximum of fifty (50) feet on center. Alternatively, the number of street trees equivalent to the tree requirement, may be clustered at variable intervals along the commercial area street frontage. 12.7 Parking Lot Plantings. Parking areas shall be landscaped, as follows: A. Perimeter Landscaping: A wall or mounding may be used to screen any parking area adjacent to a street. If landscaping is used, a minimum three (3) foot wide perimeter planting strip shall be provided around the perimeter of a parking lot (except where parking spaces abut a curb or parking area- to-Building sidewalk). In the event shade trees are planted, the planting strip shall be a minimum of six (6) feet wide by six (6) feet long around the tree. The planting strip shall include a continuous hedge, which at maturity shall be a minimum of 42” high. A wall may be installed in combination with or in lieu of the required shrubs. If used, walls shall be a minimum height of forty-two (42) inches. B. Interior Parking Lot Landscaping: Shade trees shall be planted within parking lots greater than ten thousand (10,000) square feet and that contain at least two rows of integrated parking. There shall be planted one (1) shade tree and five (5) shrubs per every fifteen (15) spaces, with a minimum of four hundred (400) square feet of useable soil volume being provided for each two (2) trees. The planting areas shall be evenly distributed throughout the parking lot. Section 13. Open Space. 13.1 The Conceptual Plan conceptually illustrates the District’s larger areas of Open Space. The intent of Open Space is to allow for a balance between natural areas and the built environment and to provide for the overall beautification of the District. 13.2 Character illustrations indicating conceptually the intended design and appearance of the District’s Open Space is provided in the Character Exhibits. 13.3 There shall be accessible and usable Open Space within a five (5) minute walk (one- quarter mile) from all Dwellings within the District. 13.4 A minimum of thirty (30) percent (6.24+/- acres) of the District shall be allocated to Open Space, as conceptually illustrated on the Conceptual Plan. 13.5 Tree Preservation Areas. The District’s Natural Open Space shall include Tree Preservation Areas, which shall include, at a minimum, the approximately 0.7 acres +/- located at the northwest corner of 116th Street and Springmill Road, and the approximately 0.5 acres +/- located in the northwest corner of the Real Estate. Tree Preservation Areas shall be delineated as part of a Preliminary Plat or Development Plan approval and recorded with the Secondary Plat. Tree Preservation Areas shall be regulated and maintained in accordance with the following: DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 17 A. The following best management practices should be implemented: (i) Removal of invasive species (e.g., bush honeysuckle) where appropriate. (If the application of herbicide treatment after the removal of invasive species to prevent them from growing back should occur, then such applications should be done under the oversight of a professional.) (ii) Removal of an overabundance of combustible material (e.g., dead, fallen trees and leaves). (iii) Removal of vines growing on and up a tree when tree growth is affected. (iv) Completing all maintenance activities following industry standard using the latest American National Safety Institute (ANSI) Z-133 and A-300 approved practices and methods. B. The following types of activities shall be permitted: (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 authority. (iv) Installation of access easements, rights-of-way, streets, paths, trails, sidewalks, and minor pedestrian area improvements (e.g., benches, trash receptacles, creek overlook areas). Community Amenities may be permitted upon review and approval by the City’s Urban Forester. If appropriate and where feasible, said improvement areas should be limited to perpendicular crossings across Tree Preservation Areas and/or excluded from delineated Tree Preservation Areas. C. The following types of activities shall not be permitted unless otherwise approved by the City’s Urban Forester: (i) Removal of living vegetation other than exotic and invasive vegetation and hazardous trees except to accomplish items listed in Section 12.5(B)(iv) of this Ordinance. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 18 (ii) Mowing any portion of the existing, naturally vegetated Tree Preservation Area, except for along trails, points of access or gathering points. (iii) Dumping of leaves or debris from areas other than the Tree Preservation Area. (iv) Seeding; including grass seed, prairie mix seed, sod or the planting of any type vegetable garden unless otherwise approved by the City’s Urban Forester. (v) Activities that adversely impact the health, structure or integrity of a designated tree preservation area, including, but not limited to: active recreational activities requiring the placement of playground equipment, paving for basketball or tennis courts and swimming pools. D. The following requirements shall apply: (i) Tree preservation areas must be easily and permanently identifiable as a tree preservation area through permanent signage posted every five hundred (500) feet around the perimeter of all tree preservation areas. The design and location of such signs shall be coordinated with the City’s Urban Forester. (ii) Barriers shall be used to protect tree preservation areas during site development. Barriers shall be specified on landscape plans and shall be placed beyond the preserved trees dripline, in accordance with the tree preservation details provided by the City’s Urban Forester. Such barriers shall remain in place during the site’s construction activity. (iii) The Urban Forester shall be contacted for any disputed activity within the tree preservation area. The Urban Forester shall provide resolution to disputed activity, which may include: (a) Removal of trees that are a host to an aggressive, life threatening disease or pest that may pose a threat to the vitality of the rest of the forest. (b) Mowing and bush-hogging. (c) Planting of new or replacement trees. Section 14. Pedestrian and Bicycle Connectivity. 14.1 Pedestrian access shall be provided within the District to permit and encourage pedestrian movement between the District and surrounding developments. The DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 19 standards of this section are intended to: (i) provide an alternative for people to get where they are going without using their vehicles (e.g., commuting); (ii) provide a means for people who cannot drive vehicles to safely and practically get to local destinations; and (iii) provide for fitness training and general recreational opportunities. 14.2 Pedestrian connectivity shall be provided, where feasible, to link Open Spaces. To the maximum extent practicable, parks, trails and Open Space shall be organized to create integrated systems of Open Space that connect with the following types of lands located within or adjacent to the District: A. Parks or trails; B. Residential areas; C. Civic sites (e.g., schools, libraries); D. Other common open spaces; E. Neighborhood shopping and activity centers; and F. Adjacent employment centers. 14.3 Sidewalks or trails shall be located on both sides of all public streets in the District. Sidewalks shall be a minimum of five (5) feet wide and constructed pursuant to the City’s Transportation Plan for a Residential Sidewalk. Where appropriate for continuity in the District’s pedestrian network, a trail may take the place of a sidewalk on one side of a public street. Public trails shall be asphalt and a minimum of ten (10) feet wide. Private internal trails shall be asphalt and a minimum of eight (8) feet wide. 14.4 A Side Path (e.g., multi-purpose path) along 116th Street shall be located pursuant to the City’s Transportation Plan and as generally shown on the Conceptual Plan. Side Paths shall be a minimum of ten (10) feet wide, unless otherwise approved by the City, and constructed pursuant to the City’s Transportation Plan for a Side Path. 14.5 Pedestrian walkways shall be clearly delineated (e.g., striping, pavers, stamped concrete, signage) when crossing a parking lot, street, or drive and shall be ADA- compliant. Pedestrian walkways should also be separated from vehicular traffic, where appropriate, with landscaping, on-street parking, bollards, special paving, or any other feature which identifies the pedestrian space. 14.6 Trails and sidewalks within ten (10) feet of public streets and/or within public rights-of- way shall always be visible from the adjacent vehicular roadway. Screened or "hidden areas" that obstruct drivers views of the pedestrian ways shall not be permitted. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 20 14.7 Pedestrian facilities located in water quality preservation areas, dry detention areas, or water quality facilities shall be elevated boardwalks so as to not impede or negatively affect the function of the facility. Section 15. Infrastructure and Environmental Standards. 15.1 The District includes a substantial amount of existing environmental and natural features. The District’s intent is to preserve and work within these existing features to create a built environment that is responsive to these existing features and works with the site. As such, the standards of this Section shall apply to the District. 15.2 All public infrastructure within the District shall adhere to the City’s standards and design criteria, unless otherwise stated within this Ordinance or unless specific waivers have been approved by the City. In addition, the District shall comply with the requirements of the Transportation Plan in accordance with Section 1.07.E. of the UDO (see Section 15.2(A) below, which is in full satisfaction of all obligations specified in Section 1.07.E of the UDO). At such time as requested by the City and upon the enactment of this Ordinance, the Master Developer shall cause to be conveyed and dedicated to the City of Carmel for public right-of-way use one-half of the full right-of- way width prescribed in the Transportation Plan, as measured from the centerline of 116th Street, across the entirety of Hamilton County Parcel Nos.: 17-09-34-00-00-019.000 and 17-09-34-00-00-021.000. A. Additional Improvements. The Developer shall make or cause to be made the following improvements. (i) Improvements to the entrance off Springmill Road into the Real Estate comprising acceleration and deceleration lanes and, if commercial uses are developed, a left turn in lane. (ii) Improvements to the entrance off 116th Street into the Real Estate comprising of acceleration and deceleration lanes. (iii) Dedicate all right-of-way to the City for Springmill Road (45-foot half right-of-way) and 116th Street (60-foot half right-of-way), as required per the City Thoroughfare Plan, as part of the recording of each of the District’s Secondary Plats at no cost to the City. (iv) Construct a minimum ten (10) foot wide Side Path along the Real Estate’s perimeter within the 116th Street right-of-way, unless otherwise approved by the City. (v) Whenever any improvement specified above in Section 15.2(A)(i) and (ii) are not located upon the Real Estate, the Developer’s obligation hereunder to effect said improvement shall be contingent upon the acquisition of such other necessary real estate. If the necessary real estate is not obtainable for a fair and marketable rate, the Developer will pay an agreed upon fair and marketable rate to DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 21 the City for future additional improvements as part of their Road Contribution Fee in lieu of completing the improvements and obtaining the right of way. 15.3 The number and configuration of the District’s vehicular access points into the Real Estate from the perimeter thoroughfares shall be provided as generally shown on the Conceptual Plan. 15.4 Traffic-calming methods should be implemented where necessary, to provide for a safer pedestrian environment. Methods may include curved and/or narrow streets; cul-de-sacs; chicanes (a series of tight turns in opposite directions in an otherwise straight stretch of road); woonerfs (a "living street" where pedestrians and cyclists have access to the whole street, not just sidewalks, and where motorists and other users share the street without boundaries); rumble strips or speed tables; and bulbed intersections. Traffic-calming methods shall be subject to review and approval of the Department of Engineering. 15.5 Subdivisions consisting of fifteen (15) lots or more shall have at least two (2) points of access pursuant to Section 7.28 of the UDO. 15.6 Along the outside curve of streets, "eyebrows" are permitted as a non-dedicated public right-of-way. Eyebrows may be dedicated only upon approval by the Department of Engineering. An "eyebrow" shall be included for purposes of calculating a Lot’s Street Frontage. 15.7 The rear or side façade of Dwellings on lots located adjacent to an arterial, parkway or collector street as designated on the Transportation Plan may face such thoroughfare provided the subdivision complies with the perimeter landscaping provisions set forth in Section 11.4 of this Ordinance and that the Dwelling complies with the applicable architectural standards set forth in Section 7 of this Ordinance. 15.8 Double frontage lots (through lots) shall only be permitted for lots within the District’s interior and shall not be permitted for lots along the perimeter of the District. In the case of a through lot, a non-access easement shall be provided along the appropriate lot frontage. 15.9 Rear Lanes shall be permitted within the District and shall be subject to the following standards: (i) A Rear Lane shall be a perpetual easement or private way and shall not be dedicated to the public unless constructed to the City’s standards prior to acceptance of dedication by the City; and (ii) Curbing is not required except at corners of intersections with other street types. At such corner locations, curbing shall be required for the corner radius ending at the intersection point of the radius and the path or sidewalk paralleling the intersecting street. A concrete apron may serve as point of termination for the curb. 15.10 In order to minimize the disturbance to drainage, floodplains, preservation areas and areas with geographical constraints: (i) the maximum cul-de-sac length shall DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 22 not exceed eight hundred (800) feet; and (ii) cul-de-sacs shall terminate in a circular right-of-way with a minimum radius of fifty (50) feet. 15.11 The minimum centerline radius shall be one hundred (100) feet for cul-de-sacs and one hundred and fifty (150) feet for all other internal roadways. Cul-de-sacs shall not qualify as a street jog; however, the minimum centerline offset from a cul-de- sac to a roadway shall be one hundred (100) feet. 15.12 The drainage design for the District shall accommodate detention volume for: (i) the fully developed site; (ii) fifty percent (50%) of the fully developed thoroughfare plan right-of-way for the Real Estate’s perimeter road frontages of Spring Mill Road; (iii) one hundred percent (100%) of the fully developed thoroughfare plan right-of-way for the Real Estate’s remaining perimeter road frontages and (iv) the anticipated fully developed detention volume for parcel 17-09-34-00-00-020.000 (Cunningham property). 15.13 Low Impact Development (LID) techniques shall be permitted as an environmental system to help attain water quality standards in conjunction with development of the storm water conveyance plan for the District. Examples of permitted systems include the use of bioswales, bioretention, rain gardens and/or permeable pavers. 15.14 Section 7.13 (Flood Hazard Standards) of the UDO shall apply, where it would otherwise be applicable, to the District’s floodplain areas. With respect to floodplain areas of the District and subject to approval by the County Surveyor’s Office, filling shall be permitted, provided that mitigated floodplain storage is provided at a ratio of three (3) to one (1). Filling shall be permitted to accommodate vehicular and pedestrian crossings as well as accommodate pedestrian trails and other passive recreational amenities. 15.15 A wetland delineation for the Real Estate shall be provided to the Engineering Department as a part of the DP approval process. 15.16 Subject to approval by County Surveyor’s Office, stormwater runoff generated within floodplain areas in the District shall be exempted from discharge limits outlined in the City’s Stormwater Technical Standards Manual. 15.17 Subdivision retention ponds should be naturalistic in design (e.g., not square or rectangular in shape) and landscaped with native vegetation along a minimum of fifty percent of the lake bank. Methods to prevent pond stagnation and natural water filtration and aeration methods should be considered. These methods, including the aeration of ponds, shall be reviewed on an individual basis with the Engineering Department to determine if such a system is warranted and appropriate. 15.18 Subject to Section 12.5 of this Ordinance, no drainage easement or a combination drainage and utility easement shall be located within a tree preservation easement. Landscaping within drainage easements shall be permitted, except within five (5) feet of a swale’s flowline and ten (10) feet from a storm sewer pipe; however, such DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 23 landscaping may be at risk subject to the drainage easement’s provisions for removal and subject to the property’s Declaration(s) of Covenants for replacement. 15.19 Stormwater quality/quantity treatment may be constructed in Open Space and within the public rights-of-way; however, any detention or water quality measures within the public right-of-way shall first be approved by the Department of Engineering. To this extent, natural drainage corridors should be used to the fullest extent reasonable and stormwater should be conveyed in open channels rather than an enclosed storm sewer system wherever practical. The natural drainage corridors should be preserved with Building setbacks. Maintenance of any detention / water quality features installed by the Developer, its successors or assigns in the public right-of-way shall be maintained by the Developer and subsequent property owners’ association, or lot owners within the Real Estate in perpetuity. The City shall not be responsible for the maintenance of such facilities. 15.20 Stormwater detention facility designs shall incorporate a 5:1 slope surrounding the pond extending ten (10) feet into the pond from the normal pool line and without safety ledges, pursuant to the Hamilton County Drainage Standard Details (Option 3). 15.21 Stormwater detention facility access from the public right-of-way shall be provided by a twenty (20) foot wide easement. The 5:1 slope around the pond shall serve as the access to the pond without requiring ramps. 15.22 No minimum water area for stormwater detention facilities with permanent pools or containing permanent lakes shall be required, rather, the size of each facility shall be determined by the calculated capacity required for the post-developed basin area and that can maintain the minimum required cross section and depth. See also Section 14.15 of this Ordinance. The extent of the water area shall be approved by the Engineering Department. Additional measures to offset potential water quality issues due to proposed water area sizes may be required, such as pond diffuser aerators. 15.23 A minimum twenty (20) foot wide stormwater easement shall be permitted for any easement containing an eighteen (18) inch diameter pipe or smaller and/or no pipe. Approval of this width is contingent on the approval of the Engineering Department, on a case by case basis. The City’s Stormwater Technical Standards Manual minimum easement size shall apply in all other instances, including emergency overflow swales and bypass storm drainage. 15.24 All new channels, drain tiles equal to or greater than twelve (12) inches in diameter, inlet and outlet structures of detention and retention ponds, and appurtenances thereto as required by the City’s Stormwater Technical Standards Manual, that are installed in subdivisions requiring a stormwater management permit from the City of Carmel shall be contained within a minimum twenty (20) feet of drainage easement (10 feet from centerline on each side) and shown on the recorded plat. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 24 New drain tiles refer to all sub- surface stormwater piping, tubing, tiles, manholes, inlets, catch basins, risers, etc. 15.25 Double sanitary sewer laterals are proposed in a common trench where laterals cross streets and a single water lateral to a double meter pit on alternating lot lines. These shall be reviewed and approved at the time of development plan approval, subject to approval by the Department of Engineering and the applicable utility company. 15.26 Monuments and Markers. Monuments and markers shall be set by the subdivider as herein required. Said monuments and markers shall be placed so that the marked point shall coincide exactly with the intersection of lines to be marked and shall be set so that the top of the monument or marker is level with the finished grade. A. Perimeter boundary monuments shall consist of capped rebars with minimum dimensions of twenty-four (24) inches in length and 5/8-inch in diameter. Said monuments shall be set: (i) At the intersections of all lines forming angles in the boundary of the subdivision. (ii) At the intersections of all lines forming angles in the boundary of the section, if the subdivision is platted by sections. B. Monuments to be placed in streets shall be of aluminum, twelve (12) inches in length, one-half-inch (½") minimum diameter with one and one-half-inch (1½") minimum diameter head, set vertically in place. Said monuments shall be set: (i) At the intersection of all street centerlines. (ii) At the beginning and ending of all curves along street centerlines. C. Any section, half section or quarter section monument located in a street shall be re-established by the Hamilton County Surveyor and shall be provided with an Indiana State Highway Department standard monument box. D. Markers shall consist of capped rebars with minimum dimensions of twenty-four (24) inches in length and 5/8-inch in diameter. Said markets shall be set at all lot corners and bends in property lines. E. The subdivider shall submit two (2) copies of the plat of the subdivision indicating the placement of all monuments and markers installed or existing. Said plat shall be certified by a Registered Land Surveyor, in accordance with State Statutes and licensed to do business in the State of Indiana and approved by the Commission. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 25 15.27 No construction traffic shall enter or exit the site from Otto Lane. Developer shall post signs to such effect at the intersection of Springmill Road and Hamlet Boulevard and Otto Lane and Hamlet Boulevard. Developer shall ensure all construction material from its contractors’ activities is kept on the site in a neat and orderly fashion. Developer shall also include provisions within homebuilders’ contracts that require builders to (i) maintain their construction site in a neat and orderly manner, (ii) providing appropriate construction debris containers, (iii) clean-up any materials that are disbursed through the site due to wind or other cause and (iv) clean the streets of any mud or dirt from their construction activities. Section 16. Owners’ Association and Declaration(s) of Covenants. 16.1 Declarations of Covenant(s) shall be prepared by the Master Developer and recorded with the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners’ Association(s). 16.2 Owners’ Association(s) shall be established and responsible for the ongoing upkeep and maintenance of any privately-owned common grounds, structures, signs, etc., as outlined in the association documents and any other specific development improvements noted as their responsibility in this Ordinance. 16.3 The Declaration(s) of Covenants for the District shall include a statement substantially similar to the following: "No person, group of persons or entity, other than the Developer, shall own more than one (1) Attached Dwelling." 16.4 The Declaration(s) of Covenants shall establish a Design Review Committee ("DRC"). The organization and procedures of the DRC shall be set forth in the Declaration(s) of Covenants. There may be a separate DRC for each Owners Association(s) or a single DRC for multiple Owners’ Association(s). The DRC shall be established to review and approve all proposed residential development within the District, as well as any proposed changes to an existing Dwelling. Therefore, a letter of support from the DRC shall accompany any City of Carmel Building Permit application for the construction or modification of a structure. 16.5 Owners Association(s) Reserve Fund. The Owners Association(s) shall establish and maintain a reserve account separate from its operating account to fund replacement and repair of common area improvements (e.g., pools, community buildings, furniture, pathways, entry monuments, wall, fencing, landscaping) and the Declaration(s) of Covenants shall provide the funding mechanisms through homeowner dues, assessments or other means to adequately fund the projected repair and replacement costs over time based upon the expected useful life of all major common improvements. Section 17. Development Plan Approval. 17.1 Approval or Denial of Plats and Final Development Plan. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 26 A. With respect to any portion of the Real Estate other than the areas on which lots are developed for Single-Family Dwellings, the platting into smaller sections shall be permitted, but shall not be required in order to divide the Real Estate into smaller areas for purposes of conveying title to a parcel or creating separate tax parcels. The creation of smaller parcels for the purpose of conveying title or creating separate tax parcels shall not create property lines to which setbacks or any other standards of this Ordinance shall be applied, provided that development of the parcels shall conform to an approved Development Plan. B. Primary (preliminary) and secondary (final) platting shall be required with respect to any portion of the Real Estate on which lots are developed for Single-Family or Two-Family Dwellings. All secondary plats for any portion of the Real Estate shall be approved administratively by the Department and shall not require a public hearing before the Plan Commission, so long as the proposed secondary plat substantially conforms to the approved primary plat. C. No ADLS Approval shall be required with respect to Single-Family or Two- Family Dwellings and associated accessory dwellings, accessory structures, landscaping, lighting, and signage. All Buildings and associated parking, landscaping, lighting and signage for Multiple-Family Dwellings, Townhouses, and Commercial Buildings shall require DP/ADLS Approval. D. If there is a Substantial Alteration in the approved DP/ADLS or primary plat, review and approval of the amended plans shall be made by the Plan Commission, or a committee thereof, pursuant to the Plan Commission’s Rules of Procedure. Minor Alterations and Material Alterations may be approved by the Director. E. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the final Development Plans and/or Secondary Plats (collectively, the "FDP") for the Real Estate; provided, however, that approval shall not be unreasonably withheld or delayed if the FDP is in substantial conformance with the corresponding approved DP/ADLS and/or primary plat and is in conformance with the Development Requirements. If the Director disapproves any FDP, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission. 17.2 Master Developer and Design Review Committee Consent. A. A written consent by the Master Developer or its assigns shall accompany any permit or approval request pertaining to the Real Estate by a Developer, user, owner, or tenant. Permits or approvals may include, but are not limited to: DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 27 (i) Improvement Location Permit for any improvements within the District; (ii) Sign permit for any signs within the District; (iii) Building permits for any Buildings within the District; (iv) DP/ADLS, or primary or secondary plat approval for any part of the District; and (v) Any text amendment or other variations to the terms and conditions of this Ordinance (e.g., request for a modification to Development Requirements). B. A letter of support for construction or modification of a residential structure from the Design Review Committee shall accompany any building permit application. Section 18. Violations and Enforcement. 18.1 The enforcement of any violations of this Ordinance, including violations of conditions and safeguards established in connection with the granting of subsequent variances, special uses or Development Plan approvals, shall be subject to and governed by the authority and procedures set forth in the UDO, including Article 10 of the UDO, which shall apply. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; EXHIBIT PAGES FOLLOW.] DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 28 Section 19. Schedule of Exhibits. Exhibit A Real Estate Exhibit B Conceptual Plan Exhibit C Use Table Exhibit D Detached Residential Architectural & Design Standards Exhibit E Attached Residential Architectural & Design Standards Exhibit F Neighborhood Commercial Architectural & Design Standards Exhibit G Empty-Nester / Active Adult Standards for Single-Family Homes Exhibit H Character Exhibits Exhibit H-1 Open Space Character Images Exhibit H-2 Residential Character Images - Single-Family Homes Exhibit H-3 Residential Character Images - Townhomes Exhibit H-4 Neighborhood Commercial Character Images Exhibit H-5 Signage & Monumentation Character Images Exhibit I Conditions to Enactment of Ordinance Z-653-20 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT A | REAL ESTATE Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 29 LEGAL DESCRIPTION The land referred to in this Commitment, situated in the county of Hamilton, state of Indiana, is described as follows: Part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 34; thence South 89 degrees 37 minutes 50 seconds West (assumed bearing) a distance of 630.77 feet along the South line of said Southeast Quarter to a Southwest corner of the 1.84 acre parcel owned by Emma Lou Cunningham et al as recorded in Inst. No. 2014-030597, in the Office of the Recorder, Hamilton County, Indiana and the POINT OF BEGINNING of this description; thence South 89 degrees 37 minutes 50 seconds West a distance of 440.00 feet along said South line to Southeast corner of the land owned by James E. Noland Jr. et ux as recorded in Inst. No. 91-030071, in said Recorders Office; thence North 00 degrees 11 minutes 07 seconds East a distance of 986.00 feet along the East line said land described in Inst. No. 91-030071 to the Southwest corner of the 0.138 acre parcel owned by Billy Creek Associates, L.P. as recorded in Inst. No. 92-025467, in said Recorders Office; thence the next two (2) courses are along the boundary of said 0.138 acre parcel: (1) North 00 degrees 10 minutes 39 seconds East a distance of 1.65 feet; (2) North 89 degrees 22 minutes 45 seconds East a distance of 198.69 feet to a point on the South line of Common Area #28 in Jackson’s Grant on Williams Creek, Section 5, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument Number 2017-054815, Plat Cabinet 5, Slide 758, in said Recorders Office; thence South 89 degrees 39 minutes 47 seconds East a distance of 824.62 feet along said South line to the West line of the 1.141 acre parcel owned by City of Carmel as recorded in Deed Inst. No. 2012-022601, in said Recorders Office; thence the next four (4) courses are along the boundary of said 1.141 acre parcel: (1) South 00 degrees 20 minutes 09 seconds West a distance of 841.94 feet; (2) South 52 degrees 41 minutes 59 seconds West a distance of 127.20 feet; (3) South 81 degrees 05 minutes 59 seconds West a distance of 101.12 feet; (4) South 86 degrees 37 minutes 17 seconds West a distance of 189.40 feet to the East line of said 1.84 acre parcel; thence the next two courses are along the boundary of said 1.84 acre parcel: (1) North 00 degrees 20 minutes 14 seconds East a distance of 384.29 feet; (2) South 89 degrees 38 minutes 20 seconds West a distance of 192.31 feet along the North line and the North line prolonged of said 1.84 acre parcel to a corner of the 12.422 acre parcel (Parcel 1) owned by Billy Creek Associates as recorded in Inst. No. 92-022718, in said Recorders Office; thence South 00 degrees 11 minutes 07 seconds West a distance of 419.37 feet along an East line of said 12.422 acre parcel to the place of beginning, containing 20.728 acres, more or less. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT B | CONCEPTUAL PLAN Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 30 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT C | USE TABLE Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 31 P = Permitted Use | A = Accessory Use | SU = Special Use | “Blank” = Prohibited Use PERMITTED USE Detached Residential Attached Residential Neighborhood Commercial Residential Uses Single-Family Dwelling P P Two-Family Dwelling P Multiple-Family Dwelling P Apartments Townhouses P P Accessory Dwelling P P P Mobile Home Court Attached Dwelling P P Home Occupation A A P Residential Kennel A A Bed & Breakfast Inn P Model Home P P Guest House A Bona Fide Servants Quarters A A Boarding or Lodging House Nursing/Retirement/ Convalescent Facility Private Swimming Pool, etc. A Office Uses Clinical or Medical Health Center P Research Laboratory or Facility General Offices P Professional Offices P Hospice Training Facility Medical Offices P Institutional Uses Church, Temple, or Place of Worship SU SU P Hospital Library P Penal or Correctional Institution Post Office P Power Generating Plant Public Service Facility P P P DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT C | USE TABLE Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 32 P = Permitted Use | A = Accessory Use | SU = Special Use | “Blank” = Prohibited Use PERMITTED USE Detached Residential Attached Residential Neighborhood Commercial Commercial Sewage or Garage Disposal Plant Water Management & Use Facility Educational Uses School, Trade or Business P College or University P Day Nursery or Daycare P Kindergarten/Preschool P School of General Elementary or Secondary Education P Retail and Service Uses General Retail Sales P Lumber/Building Materials Sales (Enclosed) General Personal Services P Automobile Service Station Automobile/Boat Sales Automobile/Truck Repair (Indoor) Manufactured Housing Sales Car Wash Commercial Kennel Dry Cleaning Establishment (w/on-site plant) Dry Cleaning Establishment (w/o on-site plant) P Equipment Sales/Repair (Indoor) P Financial Institution P Automated Teller Machine (ATM), Walk- Up Only P Food Stand P Funeral Home, Mortuary, Crematory Roadside Sales Stand Self-Service Laundry DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT C | USE TABLE Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 33 P = Permitted Use | A = Accessory Use | SU = Special Use | “Blank” = Prohibited Use PERMITTED USE Detached Residential Attached Residential Neighborhood Commercial Sexually Oriented Business Tattoo Studio Veterinary Hospital (w/ Commercial Kennel) Veterinary Hospital (w/o Commercial Kennel) Wholesale Sales Cultural and Entertainment Uses Art Gallery P Art & Music Center P Carnivals, Fairs, Circuses, etc. SU Hotel Hotel (full service) Indoor Theater Outdoor Theatre Catering Establishment P Restaurant (w/o drive thru food sales) P Restaurant (w/ drive thru food sales) Meeting or Party Hall Museum P Stadium or Coliseum Tavern/Night Club Industrial Uses Borrow Pit/Top Soil Removal & Storage Heavy Industrial Sanitary Landfill, Junk Yard, Salvage Yard Light Industrial Storage and/or Warehousing, Indoor Storage and/or Warehousing, Outdoor Storage or Sale of Petroleum Products Coke Ovens, Brick Yards, Kilns, Open Hearth, or Blast Furnace Light Manufacturing DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT C | USE TABLE Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 34 P = Permitted Use | A = Accessory Use | SU = Special Use | “Blank” = Prohibited Use PERMITTED USE Detached Residential Attached Residential Neighborhood Commercial Mineral, Sand, or Gravel Extraction Operations Printing/Publishing Establishment Storage or Distribution Facility Wholesale Facility Heavy Manufacturing Agricultural Uses Commercial Greenhouse Raising/Breeding of Non- Farm or Exotic Animals Feed Store Plant Nursery SU SU Grain Elevator General or Urban Agriculture (Farm) P P Horse Farm Recreational Uses Commercial Recreational Facility, Indoor P Commercial Recreational Facility, Outdoor Community Amenities P P P Community Center P P P Country Club SU Golf Course Health/Fitness Facility Open Space P P P Private Club or Lodge Private Recreational Facility P Riding Stable Park, Public P P P Shooting Gallery (indoor or outdoor) Miscellaneous Artificial Lake or Pond P P P Cemetery Historic Site Temporary Uses Construction Facility P P P DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT C | USE TABLE Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 35 P = Permitted Use | A = Accessory Use | SU = Special Use | “Blank” = Prohibited Use PERMITTED USE Detached Residential Attached Residential Neighborhood Commercial Display, Outdoor Model Home P P P Sales, Outdoor Sales, Seasonal Outdoor Special Event, Outdoor P P P Transportation and Communication Uses Antenna1 SU SU SU Collocated Antenna P P Radio and/or Television Studio Radio/Television Transmission Antenna Radio/Television Transmission Tower Tower Wireless Telecommunication Antenna SU Wireless Telecommunication Service Tower Motor Bus or Railroad Passenger Station Private Airplane Landing/Service Facility Private Helicopter Landing/Service Facility Commercial Parking Lot Private Parking Area A A A Truck Stop 1 If visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support, or water tower). DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT D | DETACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 36 Section 1. Character Exhibits. Character illustrations indicating conceptually the intended architecture and appearance of Dwellings are provided in the Character Exhibits. Section 2. Exterior Building Materials. Permissible materials include the following: (i) Brick; (ii) Cedar; (iii) Stone; (iv) Stucco; (v) EIFS or dryvit; (vi) Architectural metals, such as copper or Cor-Ten; and (vii) Fiber cement. Vinyl and aluminum siding shall be prohibited. Stucco, EIFS, and dryvit shall only be used a minimum of eight (8) feet above grade and/or limited to trim or accent areas. 2.1 Masonry Requirements. The following shall apply: A. Dwellings located on a Lot adjacent to the perimeter of the Real Estate shall be required to have Masonry as an exterior siding material on all facades in an amount equivalent to the first floor surface area (exclusive of windows, doors, and other openings). B. Dwellings shall be required to have Masonry as an exterior siding material on the front façade in an amount equivalent to the first floor surface area (exclusive of windows, doors and other openings) of the front façade. This requirement may be modified for a Dwelling with a Historical Architectural Style, as determined by the Department. C. All Dwellings shall have at least a Masonry water table a minimum of eighteen (18) inches tall above grade on all facades. No exposed foundation shall be permitted. D. All exterior chimneys shall be constructed of Masonry. This does not apply to direct vent or interior fireplaces which protrude through the roof. Section 3. Rooflines. 3.1 Permissible roof materials shall include architectural-grade, dimensional shingles; clay; slate; wood shingles; wood shakes; and metals. Green roofs are encouraged, as are recycled materials. Three-tab shingles shall not be permitted. 3.2 A twelve (12) inch overhang on all eaves, as measured from the framing and not including gutters, is required. 3.3 If dormers are used, at least one (1) window or decorative louver per dormer is required. Dormers and gables must have details such as attic bands, windows, and/or decorative attic vents. 3.4 Ridge vents shall be required. 3.5 Minimum roof slope shall be 6 (vertical units): 12 (horizontal units) for primary roofs. Secondary roofs (e.g., porches, bays, garages, dormers) may have a lower pitch. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT D | DETACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 37 Section 4. Windows. 4.1 Habitable rooms, such as bedrooms and living rooms, shall have operable windows with screens to take advantage of natural cross-ventilation. Two story homes shall have a minimum of three (3) windows per façade. A minimum of two (2) windows shall be located on the first level and a minimum of one (1) window shall be located on the second level. Single story homes shall have a minimum of two (2) windows per facade on the first level. Required windows shall each be a minimum of four (4) square feet in total size. A vent may be substituted for a window on a gable. Additionally, homes on the lots marked with an asterisk on the Conceptual Plan below (the “Homes”), shall provide at least one (1) item from the following list on the side of the Home adjacent to a common area or street: A. an additional window, B. a vent in the attic gable end, C. two different types of siding, D. first floor masonry, E. a garage service door with window, or F. a corner break on the side elevation, and the garage door(s) of the Homes shall not be visible directly from the main east west street nor from any adjacent common area. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT D | DETACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 38 4.2 Windows shall be wood, vinyl-clad wood, vinyl, aluminum-clad wood, or painted metal. 4.3 All windows shall be fully framed and trimmed unless adjacent to shutters or set into a masonry plane. Window trim shall be a minimum of nominal one (1) by four (4) inch size. 4.4 Shutters shall match in size the windows they are intended to cover. Section 5. Garage Placement & Doors. 5.1 All garages shall be designed as an integral part of the architecture of the dwelling, with regards to materials, trim, and detail. Detached garages shall incorporate compatible massing and scale with regards to the primary residence. 5.2 A minimum two (2) car garage shall be required per Dwelling. 5.3 Pursuant to Section 5.02 of the UDO, the combined square footage of the Ground Floor Area of a Private Garage and/or Accessory Building shall not exceed seventy- five (75) percent of the Ground Floor Area of the Principal Building, except that a detached garage, which is the only Accessory Building on the lot, may equal the maximum dimensions of twenty-four (24) by thirty (30) feet provided that the Ground Floor Area of the garage is less than or equal to the Ground Floor Area of the Principal Building. 5.4 Garages shall be side-, rear-, or court-loading on lots greater than ninety (90) feet in width. 5.5 Lots smaller than ninety (90) feet in width shall be permitted to have front- loading garages; however, the front facing garage door width shall be no more than forty- eight percent (48%) of the total front façade width. The garage wall and door of a front-load garage shall be offset a minimum of six (6) feet from the front of the porch or the primary front facade of the house, if no porch is present. Covered entryways less than eight (8) feet in width shall be considered stoops and shall not be considered porches for the application of this section. 5.6 Garage doors shall have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware). All front-loading garage doors shall: (i) be insulated or solid; (ii) have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware); and (iii) be painted to match the Dwelling’s trim or siding color. Section 6. Chimneys. 6.1 Full-height chimneys are required when exterior fireplaces are present. Shed- style or cantilevered chimneys shall only be permitted on the rear elevation of homes with basements. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT D | DETACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 39 6.2 Direct vent chimneys shall be permitted. Section 7. Entryways & Porches. 7.1 Porches and/or entryways shall be clearly defined and shall be visible as the main focus of the front façade. 7.2 Porches and/or entryways shall be delineated by such elements as pilasters, sidelights, columns, railings, etc. 7.3 Homes of craftsman architectural style and other homes designed with covered front porches eight (8) feet in width or greater shall have an area six (6) feet in depth and eight (8) feet wide and a minimum area of 48 square feet , to allow sufficient room for furniture. Homes without porches as described above shall be of an architectural style such as Classical, Greek Revival, Colonial Revival, French Eclectic and Tudor that commonly do not include front porches. However, such homes shall include a stoop of a minimum of five (5) feet wide and four (4) feet deep and a minimum area of 20 square feet. 7.4 Porches & entryways shall be in scale with the rest of the house and shall be architecturally appropriate. 7.5 A sidewalk shall directly link from the public sidewalk to the front porch or stoop. Homes with courtyard garages where the driveway abuts the front porch or stoop, homes with circular driveways or in cases where physical impediments make it impractical are exceptions from this requirement. Section 8. Driveways. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers. If a roadway is curbed, then the portion of the driveway within the public right-of-way shall be concrete pursuant to Carmel City Code §6- 227(h)(6). Section 9. Streetscape Diversity. Neighborhoods shall promote streetscape diversity through varied elevations; the same Building elevation 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.) DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT D | DETACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 40 Section 10. Corner Breaks. Each Dwelling shall have a minimum of two (2) corner breaks on the front and rear façades (in addition to the outside corners of the Dwelling). The inside and outside corners of a covered porch or the inside and outside corners of any projection with a height of no less than six (6) feet shall count toward this requirement. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT E | ATTACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 41 Section 1. Character Exhibits. Character illustrations indicating conceptually the intended architecture and appearance of Dwellings are provided in the Character Exhibits. Section 2. Site Design. 2.1 The site design shall be context-sensitive with regards to existing natural features. 2.2 Site access and internal circulation shall promote safety, efficiency, and convenience. 2.3 On-street parking shall be permitted on the Real Estate’s internal streets and drives. 2.4 Townhouses will be designed for active-adult/empty-nesters and young professionals to provide for a wide variety of options, encourage neighborhood diversity and to create diversity in architecture and Building scales. 2.5 Multi-story Buildings shall have a variable orientation and/or varied front setback along Spring Mill Road. 2.6 No attached dwellings shall be permitted within 200’ of the western property line nor within 200’ of the 116th Street ROW west of parcel 17-09-34-00-00-020.000 (Cunningham Property). 2.7 A sidewalk shall directly link from the public sidewalk to the front porch or stoop. Section 3. Building Design and Mass. 3.1 No more than five (5) Dwellings attached shall be permitted per Building. 3.2 Buildings shall be compatible with their surroundings with regards to height, mass, roof pitch, and scale. Buildings of varying sizes and styles are encouraged to provide for a variety of housing types and to create diversity in architecture and building scales. 3.3 Buildings shall provide visual interest, through the use of details, trim, and a variety of materials. Please refer to Exhibit I-3 for Character Images. 3.4 Entryways shall be visually distinct. Individual entries, porches, balconies and/or outdoor spaces are encouraged on the front and/or rear of the Buildings to add visual interest and provide a transition between the public, common areas of the Building and the private areas. 3.5 Walls shall not have unbroken planes greater than sixty (60) feet in length. Units within Buildings may be differentiated by plane and material changes, and separate entrances. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT E | ATTACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 42 3.6 Mechanical equipment shall be screened with landscaping to minimize the visibility of the equipment while still allowing for the equipment to properly ventilate and function. Section 4. Exterior Building Materials. Exterior materials shall be durable and of high quality, such as Masonry, face brick and stone, architectural metals (e.g., copper or Cor-Ten), and high-quality siding of wood or fiber-cement. Materials such as thin layer synthetic stucco or EIFS products should only be used a minimum of eight (8) feet above grade, unless otherwise approved by the Plan Commission as appropriate for the proposed architectural style. Vinyl and aluminum siding shall be prohibited. 4.1 Attached Residential Masonry Requirements. All Attached Residential Buildings shall be required to have Masonry as an exterior siding material on all facades in an amount equivalent to the first floor facade (exclusive of windows, doors, and other openings). Section 5. Rooflines. 5.1 Roof forms shall harmonize with the architectural style of the Building. 5.2 Permissible materials shall include architectural-grade, dimensional shingles; clay; slate; wood shingles; wood shakes; and metals. Green roofs are encouraged, as are recycled materials. Flat roofs with rubber membrane or other appropriate material are permissible. Three-tab shingles shall not be permitted unless otherwise determined by the Director or Plan Commission to be appropriate with the proposed architectural style at the time of development plan approval. 5.3 Rooflines shall not have unbroken lines greater than sixty (60) feet in length. 5.4 Flat roofs shall be permitted; however, if pitched roofs are incorporated, then the minimum roof slope shall be 6 (vertical units): 12 (horizontal units) for primary roofs. Secondary roofs (e.g., porches, bays, garages, dormers) may have a lower pitch. Section 6. Windows. 6.1 There shall be a minimum of two (2) windows per exposed facade, per level. Half stories are permitted to have one (1) window. Required windows shall each be a minimum of four (4) square feet in total size. A vent may be substituted for a window on a gable. 6.2 Windows shall be wood, vinyl-clad wood, vinyl, aluminum-clad wood, or painted metal. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT E | ATTACHED RESIDENTIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 43 6.3 All windows shall be fully framed and trimmed unless adjacent to shutters or set into a masonry plane. Window trim shall be a minimum of nominal one (1) by four (4) inch size. 6.4 If used, shutters shall match in size the windows they are intended to cover. 6.5 Skylights and light wells in internal corridors are encouraged when practical. 6.6 Windows should be staggered to preserve privacy. 6.7 Additionally, the end units on buildings with side elevations adjacent to a public street, shall provide at least one (1) item from the following list on the side of the Townhome adjacent to the street: A. two (2) additional windows (a decorative vent in a gable end may be substituted for a window), B. two different types of siding materials, C. a bay or bump-out window, D. a corner break on the side elevation, E. full masonry on the side. 6.8 The rear of the units shall have a minimum of two (2) windows and one of the following features: A. garage door windows (if not used for Section 7), B. offset horizontal plane, C. full masonry, D. two different types of siding material. Section 7. Garage Placement & Doors. All garage doors shall: (i) be insulated or solid; (ii) have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware); and (iii) be painted to match the Dwelling’s trim or siding color. Section 8. Corner Breaks. Each Dwelling shall have a minimum of two (2) corner breaks on the front and rear façades (in addition to the outside corners of the Dwelling). The inside and outside corners of a covered porch or the inside and outside corners of any projection with a height of no less than six (6) feet shall count toward this requirement. Section 9. Streetscape Diversity. Neighborhoods shall promote streetscape diversity through varied elevations, building materials and colors. No units within a building shall have the same combination of elevation, building material and color palate. No side by side adjacent buildings or buildings directly across the street from one another shall have the same combination of front elevation pattern, materials and color palate. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT F | NEIGHBORHOOD COMMERCIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 44 Section 1. Character Exhibits. Character illustrations indicating conceptually the intended architecture and appearance of Buildings are provided in the Character Exhibits. Section 2. Site Design. 2.1 The site design shall be context-sensitive with regards to existing natural features. 2.2 Site access and internal circulation shall promote safety, efficiency, and convenience. 2.3 Buildings abutting Springmill Road shall have finished façades facing Springmill Road. 2.4 Pedestrian connectivity to the surrounding residential area shall be required. 2.5 Public open space will be integrated into the site design. Section 3. Building Design and Mass. 3.1 The entire neighborhood commercial structure shall be limited to 20,000 square feet of commercial use. 3.2 No individual retail tenant shall exceed 5,000 square feet. 3.3 Buildings shall be compatible with their surroundings with regards to height, mass, roof pitch, and scale. No buildings shall exceed 35’ in height. All commercial buildings shall be a minimum of 18’ tall to top a parapet. Buildings of varying sizes and styles are encouraged to create diversity in architecture and building scales. 3.4 Buildings shall provide visual interest, through the use of details, trim, and a variety of materials. 3.5 Entryways shall be visually distinct. Individual entries and/or outdoor spaces are encouraged on the front and/or rear of the Buildings to add visual interest and provide a transition between the public, private and common areas of the Building. 3.6 Walls shall not have unbroken planes greater than one hundred (100) feet in length. Units within Buildings may be differentiated by plane, material changes, and separate entrances. 3.7 Mechanical equipment shall be screened from public view while still allowing for the equipment to properly ventilate and function. If mechanical equipment is installed on the roof, then it shall be screened by a parapet or other screening systems. Section 4. Exterior Building Materials. Exterior materials shall be durable and of high quality, such as masonry, pre-cast concrete, concrete block, face brick, poured DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT F | NEIGHBORHOOD COMMERCIAL ARCHITECTURAL & DESIGN STANDARDS Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 45 concrete, split face, scored split, scored smooth, or fluted masonry units, Quick Brick (brick look type Concrete Masonry Units), architectural metals (e.g., copper or Cor-Ten), and high quality fiber cement siding. Materials such as thin layer synthetic stucco or EIFS products shall only be used a minimum of eight (8) feet above grade and shall constitute less than 25% of the exterior of the building, unless otherwise approved by the Plan commission as appropriate for the purposed architectural style. Vinyl and aluminum siding shall be prohibited. Section 5. Rooflines. 5.1 Roof forms shall harmonize with the architectural style of the Building. 5.2 Permissible materials for pitched roofs shall include architectural grade, dimensional shingles, clay, slate, wood shingles, wood shakes, and metals. Rubber and other commonly acceptable materials are acceptable on flat roofs. Green roofs are encouraged, as are recycled materials. Three-tab shingles shall not be permitted. 5.3 Rooflines shall not have unbroken lines greater than one hundred (100) feet in length. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT G | EMPTY-NESTER / ACTIVE ADULT STANDARDS FOR SINGLE-FAMILY HOMES Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 46 Section 1. Development Restrictions. 1.1 A minimum of seventy-five (75) percent of home plans to be offered shall have the master bedroom on the main floor. 1.2 A minimum of seventy-five (75) percent of home plans to be offered shall be limited to one (1) or one and one half (1 ½) story elevations. 1.3 Low maintenance exterior materials, in accordance with Exhibit D, shall be required on all homes. 1.4 Irrigation systems shall be required to be installed, at a minimum, for the front yard of all homes. 1.5 Creative configuration of units and the land plan to decrease maintenance, increase safety of residents and facilitate resident interaction including: A. Reduced front setbacks; B. Automatic dusk to dawn yard or coach lights on the garage; C. Community design which facilitates and enhances walk-ability; D. Proximity and interconnectedness to community services; and E. Proximity to common areas with amenities focused on the active adult lifestyle including walking trails, nature observation areas, sheltered gathering areas, etc. Section 2. Declaration(s) of Covenants Provisions. 2.1 The Owners’ Association(s) shall offer an annual contract to all homeowners for low maintenance on their lots (e.g., lawn mowing, lawn maintenance and snow removal). 2.2 The Declaration(s) of Covenants shall include provisions that prohibit play sets, trampolines, sandboxes and mini-storage barns. Section 3. Universal Design. Universal Design features shall be offered by the builder to homeowners as options in all active adult homes including: 3.1 Minimum thirty-six (36) inch wide passage doorways for the main living areas, master bedroom and master bathroom; 3.2 Minimum nine (9) foot ceiling height in the primary living area; 3.3 Hand rails near stairs; DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT G | EMPTY-NESTER / ACTIVE ADULT STANDARDS FOR SINGLE-FAMILY HOMES Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 47 3.4 Minimum forty-eight (48) inch tall bathroom vanities and elevated toilets in master bathroom; 3.5 No step threshold entry into home or an entry designed for an addition of a handicap ramp in the future without reconstruction and master shower with shower chair; 3.6 Minimum thirty-two (32) inch wide clear opening (per ADA Accessibility Guidelines for Buildings and Facilities, sec. 4.135) doorways for exterior doorways, the main living areas, master bedroom and master bathroom; 3.7 Master bedroom walls blocked to provide for installation of grab bars; 3.8 Master bathrooms with the shower stall separate from the tub (if a tub is installed); 3.9 Security system connected to EMS, fire and police; and 3.10 Flashing porch light or 911 switch. Section 4. Two Story Homes. For two story homes with all bedrooms on the second floor, one of the following shall be required: 4.1 A flex room that can be converted into a bedroom on the first floor, and a full bathroom on the first floor; 4.2 An elevator; 4.3 Stacked closets on the first and second floor pre-framed to accommodate an elevator; or 4.4 A forty-eight (48) inch wide stairway that permits installation of a lift chair. All standards set forth in Sections 3 and 4 that are required for some, but not all areas of a Dwelling shall be offered as options for the non-required areas of a Dwelling (e.g. master bathroom walls must be blocked and so an option to block other bathroom walls must be offered. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT H-1 | OPEN SPACE CHARACTER IMAGES Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 48 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT H-2 | RESIDENTIAL CHARACTER IMAGES - SINGLE-FAMILY HOMES Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 49 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT H-2 | RESIDENTIAL CHARACTER IMAGES - SINGLE-FAMILY HOMES (Continued) Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 50 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT H-3 | RESIDENTIAL CHARACTER IMAGES - TOWNHOMES Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 51 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT H-4 | NEIGHBORHOOD COMMERCIAL CHARACTER IMAGES Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 52 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT H-5 | SIGNAGE & MONUMENTATION CHARACTER IMAGES Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 53 DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT I | CONDITIONS TO ENACTMENT OF ORDINANCE Z-653-20 Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 54 The following are imposed as conditions to the enactment of the Jackson’s Grant Village Planned Unit Development District Ordinance Z-653-20 (the “Ordinance”), pertaining to the Real Estate, and are hereby referenced as Exhibit I (the “Conditions”). If any Condition conflicts with a provision of the Ordinance, then the more restrictive shall apply. Condition 1. The following shall apply to Area C’s commercial uses: 1.1 No single commercial building shall have a first-floor footprint greater than 7,500 square feet. 1.2 At least 5,000 square feet of restaurant and/or retail uses shall be included within the first two buildings combined at the time of opening the second building. 1.3 In addition to the uses not permitted in Exhibit C, the following additional uses shall not be permitted in the Neighborhood Commercial District: Clinical or Medical Health Center, vape or tobacco store, Trade or Business School, equipment sales/repair, carnivals, circuses, package liquor store. 1.4 In addition to the uses permitted in Exhibit C, the following additional uses shall be permitted in the Neighborhood Commercial District: health and fitness center; spa, hair salon; nail salon. 1.5 The maximum front yard setback from Springmill Road shall be thirty-five feet (35’) measured from the right-of-way to the Commercial Building (or, to the outdoor seating/gathering area, if one is provided). Condition 2. The following shall apply to the Community Associations: 2.1 A special vote of all existing Jackson’s Grant homeowners (one vote per home) shall be held to determine whether the District shall be included in the existing Jackson’s Grant Homeowner’s Association, Inc. (the “JG HOA”). The Master Developer shall not vote. A simple majority of those who vote will prevail. A. Within 90 days of enactment of this Ordinance, a Jackson’s Grant HOA Review Committee shall be formed to evaluate the pros and cons of including the District in the JG HOA (the “HOA Review Committee”). The HOA Review Committee shall consist of any Jackson’s Grant homeowner who wishes to participate and who timely makes their interest to participate known to the HOA Review Committee. The HOA Review Committee may review the following options: i. include the District as full members in the JG HOA; ii. not include the District in the JG HOA; iii. include the District as partial members in the JG HOA in a manner acceptable to both the JG HOA and the Master Developer. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB EXHIBIT I | CONDITIONS TO ENACTMENT OF ORDINANCE Z-653-20 Version | 08.17.20 Jackson’s Grant Village | Exhibits Page | 55 B. The HOA Review Committee shall have full use of the Jackson’s Grant Community clubhouse for their meetings. C. The Jackson’s Grant property management company and the Master Developer shall reasonably assist the HOA Review Committee in establishing costs of maintenance of both existing and proposed amenities within both Jackson’s Grant and the District. D. If the JG HOA does not vote to include the District as full or partial members in the JG HOA, then the Master Developer shall create a separate homeowner’s association for the District. 2.2 The Master Developer shall create a separate independent Jackson’s Grant Village retail owner’s association (the “JGV ROA”) to manage the neighborhood business node’s annual upkeep and maintenance of property and common ground, including trash pick-up, snow plowing, etc. The JGV ROA will not be part of the residential JG HOA or a newly created JGV HOA. Condition 3. The following shall apply to the District’s Amenities: 3.1 The Master Developer shall begin and diligently pursue construction of the Community Building within the District on or before commencement of Section 2 construction of the District. 3.2 At the time the neighborhood commercial node is developed within the District, the Master Developer shall work with the City engineering staff to determine the appropriate combination of stop signs, striping and/or crossing signal on the west side of Otto Lane where it intersects with the new proposed Spring Mill Road entrance road to provide for safe pedestrian access to the neighborhood commercial node and the District’s Community Building. These improvements shall be purchased and installed at the Master Developer’s cost. Condition 4. The following shall apply to the District’s Bufferyards: 4.1 The six foot (6’) high privacy fence described in Section 12.5B shall be installed during the Phase 1 construction of the District. 4.2 District’s West Property Line. The 250’ in length type B Bufferyard described in Section 12.5A shall be amended to i) increase its width from 20’ to 25’, and ii) require 12 evergreen trees per 100 linear feet in lieu of the Type B Bufferyard requirements. The Master Developer shall work with the adjacent property owner to determine the specific location and type of evergreen tree(s) to be planted. Existing healthy trees within the landscape buffer easement that are greater than two and one half (2.5) inches caliper shall be preserved and maintained whenever possible, but no credit for existing trees will apply in this area. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Version | 08.17.20 Jackson’s Grant Village Page | 56 Section 20. Adoption. This Ordinance shall be in full force and effect from and after its passage by the Council. Z-653-20 PASSED by the Common Council of the City of Carmel, Indiana, this _____ day of ___________________, 20____, by a vote of _______ ayes and _______ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Laura D. Campbell, President Sue Finkham, 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. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB Opposed Opposed 5 3 17th 20 Not Present August Opposed US.129019863.01 EXHIBIT I | CONDITIONS TO ENACTMENT OF ORDINANCE Z -653-20 The following are imposed as conditions to the enactment of the Jackson’s Grant Village Planned Unit Development District Ordinance Z-653-20 (the “Ordinance”), pertaining to the Real Estate, and are hereby referenced as Exhibit I (the “Conditions”). If any Condition conflicts with a provision of the Ordinance, then the more restrictive shall apply. Condition 1. The following shall apply to Area C’s commercial uses: 1.1 No single commercial building shall have a first-floor footprint greater than 7,500 square feet. 1.2 At least 5,000 square feet of restaurant and/or retail uses shall be included within the first two buildings combined at the time of opening the second building. 1.3 In addition to the uses not permitted in Exhibit C, the following additional uses shall not be permitted in the Neighborhood Commercial District: Clinical or Medical Health Center, vape or tobacco store, Trade or Business School, equipment sales/repair, carnivals, circuses, package liquor store. 1.4 In addition to the uses permitted in Exhibit C, the following additional uses shall be permitted in the Neighborhood Commercial District: health and fitness center; spa, hair salon; nail salon. 1.5 The maximum front yard setback from Springmill Road shall be thirty-five feet (35’) measured from the right-of-way to the Commercial Building (or, to the outdoor seating/gathering area, if one is provided). Condition 2. The following shall apply to the Community Associations: 2.1 A special vote of all existing Jackson’s Grant homeowners (one vote per home) shall be held to determine whether the District shall be included in the existing Jackson’s Grant Homeowner’s Association, Inc. (the “JG HOA”). The Master Developer shall not vote. A simple majority of those who vote will prevail. A. Within 90 days of enactment of this Ordinance, a Jackson’s Grant HOA Review Committee shall be formed to evaluate the pros and cons of including the District in the JG HOA (the “HOA Review Committee”). The HOA Review Committee shall consist of any Jackson’s Grant homeowner who wishes to participate and who timely makes their interest to participate known to the HOA Review Committee. The HOA Review Committee may review the following options: i. include the District as full members in the JG HOA; ii. not include the District in the JG HOA; iii. include the District as partial members in the JG HOA in a manner acceptable to both the JG HOA and the Master Developer. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB US.129019863.01 EXHIBIT I | CONDITIONS TO ENACTMENT OF ORDINANCE Z -653-20 B. The HOA Review Committee shall have full use of the Jackson’s Grant Community clubhouse for their meetings. C. The Jackson’s Grant property management company and the Master Developer shall reasonably assist the HOA Review Committee in establishing costs of maintenance of both existing and proposed amenities within both Jackson’s Grant and the District. D. If the JG HOA does not vote to include the District as full or partial members in the JG HOA, then the Master Developer shall create a separate homeowner’s association for the District. 2.2 The Master Developer shall create a separate independent Jackson’s Grant Village retail owner’s association (the “JGV ROA”) to manage the neighborhood business node’s annual upkeep and maintenance of property and common ground, including trash pick-up, snow plowing, etc. The JGV ROA will not be part of the residential JG HOA or a newly created JGV HOA. Condition 3. The following shall apply to the District’s Amenities: 3.1 The Master Developer shall begin and diligently pursue construction of the Community Building within the District on or before commencement of Section 2 construction of the District. 3.2 At the time the neighborhood commercial node is developed within the District, the Master Developer shall work with the City engineering staff to determine the appropriate combination of stop signs, striping and/or crossing signal on the west side of Otto Lane where it intersects with the new proposed Spring Mill Road entrance road to provide for safe pedestrian access to the neighborhood commercial node and the District’s Community Building. These improvements shall be purchased and installed at the Master Developer’s cost. Condition 4. The following shall apply to the District’s Bufferyards: 4.1 The six foot (6’) high privacy fence described in Section 12.5B shall be installed during the Phase 1 construction of the District. 4.2 District’s West Property Line. The 250’ in length type B Bufferyard described in Section 12.5A shall be amended to i) increase its width from 20’ to 25’, and ii) require 12 evergreen trees per 100 linear feet in lieu of the Type B Bufferyard requirements. The Master Developer shall work with the adjacent property owner to determine the specific location and type of evergreen tree(s) to be planted. Existing healthy trees within the landscape buffer easement that are greater than two and one half (2.5) inches caliper shall be preserved and maintained whenever possible, but no credit for existing trees will apply in this area. DocuSign Envelope ID: 746782B1-1758-4E1D-B540-779E488DFBFB