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HomeMy WebLinkAboutPacket for PC 02-16-21 Albany Village Planned Unit Development (PUD) / Rezone Docket No. PZ-2020-00155 PUD REZONE CITY OF CARMEL, INDIANA February 16, 2021 Carmel Plan Commission Applicant: Logan Group, LLC Steve Pittman of Pittman Partners, and Paul Rioux of Platinum Properties Management Company Attorneys: Nelson & Frankenberger, LLC Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Map 3. Albany Village Concept Plan (Updated) Concept Plan (including football field context scale) 4. Two-family Home Streetscape 5. Two-family Home Rear Yard Perspective 6. Two-family Home Character Exhibits (Updated) Two-family Color Package and Site Details 7. Side-load Garage Single Family Home Character Exhibits Front load Garage Single Family Home Character Exhibits 8. Proposed 146th Street Landscaping Exhibits 9. Example 146th Street Perspective with 2nd Entrance Exhibits and Site Plan illustrating 2nd entrance (both for comparison) 10. Red Line Albany Village PUD Ordinance (Original version to the latest February 5th version) 11. Updated Albany Village PUD Ordinance (Date of February 5, 2021) TAB 1 1 EXPLANATION OF REQUEST As a result of the review process, including but not limited to the Public Hearing on November 17, and the December 1st, January 5th and February 2nd Residential Committee meetings, the Applicant has made significant project modifications and enhancements which are summarized below and described in greater detail on the following pages: 1. Enhancement of perimeter plantings along 146th Street and the perimeter of the site to assist with appropriate buffers and transitions. See Tab 9 for updated landscape exhibits. 2. Added pedestrian amenities including six benches, multi-purpose field area with bike racks, path connectivity and a pocket park to the plan. 3. Enhanced pedestrian connectivity with sidewalk connections made to the path in front of Tallyns Ridge and west of the crosswalk over to the cul-de-sac and throughout the development as requested by the Alternative Transportation Coordinator. 4. Fountains were added to the pond locations to supplement perimeter landscaping. 5. Linear Park: The Applicant has met with the Parks Department and they were very excited to have a crosswalk being proposed on Shelborne Road and second, they were extremely happy that we were creating what we have referred to as a “linear park” open space through the middle of the neighborhood to provide connectivity through our neighborhood to the new park. 6. Reduced the total number of homes from 84 to 82. 7. Enhanced Architectural Standards and lot landscaping for single family homes in Area A. 8. Added side load garage requirement for 50% of lots and character images for side entry garage single-family homes. See Tab 7 for character imagery. Additionally, a minimum of five (5) of the Lots along the east perimeter of the Real Estate south of the street connection to Tallyns Ridge shall include a side-load garage. 9. Enhance landscaping buffer along Tallyns Ridge Lots: Each lot shall be required to plant two (2) Evergreen Trees and one (1) Shade Tree resulting in a total of four (4) trees in the rear yards in addition to the preservation of the existing tree line within a Tree Preservation Area along the shared property line. 10. Made significant commitment to two-family architectural standards (front, side and rear elevations). See Tab 6 for character imagery and detailed description. 11. Low Maintenance Standards: Added low maintenance standards for the two-family homes. This means that the mulch beds and turf areas will be maintained for the homeowner and they will also get snow removal. This is similar to The Reserve at Spring Mill, Williams Mill and Heritage at Spring Mill. 12. Enhanced two-family streetscape and rear yard perspective illustrations are provided including architectural elements and landscaping. See Tab 4 and Tab 5. 13. Enhanced two-family lot landscaping in front yard and along the pipeline. 14. Expanded minimum rear yard minimum setback. 15. Enhanced pathway and pedestrian amenities as requested by Alternative Transportation Coordinator. See Tab 3 Concept Plan. 16. Additional items as detailed on the following pages and included in Ordinance (see red-line version under Tab 11). As identified above, the review has resulted in several enhancements and modifications which were requested by DOCS Staff, Plan Commission members and the Committee as a result of the public hearing and review process. Again, all modifications and enhancements are detailed 2 on the following pages. At the conclusion of the Residential Committee meeting on February 2nd the request received a Negative Recommendation by a vote of 3-1. The outstanding items noted by the Committee as part of its recommendation to the Plan Commission included a request (i) to provide a street connection to the frontage Road along 146th Street (as depicted behind Tab 9 for comparison) and (ii) for the Applicant to enhance the buffer between the Lots in Albany Village and Tallyns Ridge. In this regard that applicant has provided enhancements to the buffer next to Tallyns Ridge as noted is the above summary (item 8 and 9) in italics. Paul Rioux and Steve Pittman have presented numerous projects throughout the years and have obtained many positive Committee recommendations as a result of making modifications to address comments by Staff and the Committee. While Paul and Steve were disappointed with the recommendation of the Committee for this proposal, they understand that it came down to the issue of access onto the 146th Street frontage road which they feel strongly about and feel it is necessary and appropriate to seek additional input from the full Plan Commission. We look forward to presenting the Request to the full Plan Commission on February 16, 2021 for recommendation to the City Council. We look forward to presenting this request to you on February16, 2021. Respectfully submitted, ________________ _________________ Jim Shinaver Jon C. Dobosiewicz 3 General Description The applicant, Logan Group, LLC which includes Steve Pittman of Pittman Partners, and Paul Rioux of Platinum Properties Management Company (“Logan Group”), has filed an rezone application pertaining to a parcel of real estate that consist of approximately 37 acres that are located at the southeast intersection of 146th Street and Shelborne Road, having a common address of 14407 Shelborne Road (collectively, the “Real Estate”). The Real Estate is shown on the Site Location Map included behind Tab 2. The current use of the property is agricultural. Property on the north side of 146th Street, in the City of Westfield, is agricultural and residential with a portion being developed as a Del Webb community by Pulte Homes. On the south side of 146th Street, the Tallyns Ridge subdivision is located to the east, the Trails at Hayden Run subdivision is located to the southeast, the Albany Place subdivision is located to the south and to the west of the Real Estate, across Shelborne Road, is a single family residence and real estate owned by Carmel Clay Parks. Logan Group is seeking to rezone the Real Estate to the “Albany Village Planned Unit Development Ordinance” (“Albany Village PUD”) in order to develop a high-quality, for sale, residential community consisting of both single family detached homes and two-family attached paired villas consisting of a maximum of 82 homes on the Real Estate. Summary of Plan and Ordinance Modifications and Plan Enhancements The following is a detailed description of the modifications and enhancements which are summarized on the prior page: 1. Concept Plan Modifications: Behind Tab 3 is the revised Concept Plan context exhibit including the outline of football field areas to provide a scale to Common Area with the Concept Plan. Items of note regarding the site plan modifications include: A. Enhancement of perimeter plantings. See Tab 9 for updated exhibits. B. Added pedestrian amenities, multi-purpose field and path connectivity. Sidewalk connections made to the path in front of Tallyns Ridge and west of the crosswalk over to the cul-de-sac as requested by the Alternative Transportation Coordinator. See below details. C. Fountains were added to the pond locations and six (6) bench total at three (3) locations have been provided as generally depicted on the Concept Plan. D. Streetlights as a requirement at all internal intersections. 2. Area A (Single Family Homes): A. The minimum lot width has been increased to a minimum of twelve thousand (12,000) square feet for all lots adjacent to the east perimeter of the Real Estate. B. Transitions in terms of single family lot sizes in adjoining developments is evidenced in the exhibits included in the booklet form January 5 as illustrated by numerous subdivisions in the City of Carmel. In this regard, a change in dwelling type and/or lot size is common where developments on adjoining parcels abut one another. C. A standard to require fifty (50) percent of the Lots in Area A to have a side load garage added to the PUD. Example photos of homes including side load garages 4 provided behind Tab 8. Additionally, a minimum of five (5) of the Lots along the east perimeter of the Real Estate south of the street connection to Tallyns Ridge shall include a side-load garage. D. Each lot adjacent to the east perimeter of the Real Estate (Tallyns Ridge) shall be required to plant two (2) Evergreen Trees and one (1) Shade Tree resulting in a total of four (4) trees in the rear yards in addition to the preservation of the existing tree line within a Tree Preservation Area along the shared property line. E. Porches were modified to be a minimum of five (5) feet deep (increase from 4’) and porches and/or entryways shall be delineated by elements such as pilasters, sidelights, columns, railings, etc. Additionally, a minimum of twenty (20) percent of all homes in Area A shall be required to have a porch. F. All lots are now required to plant one (1) shade tree or one (1) ornamental tree in the rear yard or adjacent common area where interior lots are separated by common area. 3. Area B (Two-family) Homes: A. Architectural standards and Character Imagery for the two-family Dwellings have been enhanced as illustrated behind Tab 4, Tab 5 and Tab 6 which illustrate Architectural standards included within Exhibit F of the Ordinance and applicable to all two-family dwellings. Tab 4 includes a streetscape perspective including the architectural enhancements and Landscaping. Tab 6 includes an individual home example. B. Each building (two-family paired home) will be a separate color. There a total of six (6) colors the builder will work with and the colors of each building in the neighborhood will be preplanned before buyers select their lot. There will also be three (3) brick colors for the two-family homes. A color sample as a page for the two-family is included behind Tab 7. C. Additional Front elevation requirements: i. The front of the garages on a minimum of seventy-five (75) percent of the attached dwellings shall be offset from one another by a minimum of eight (8) feet. This is demonstrated in the streetscape included behind Tab 4 and the photo enhance images under Tab 6. ii. Additionally, the primary/main roof plane between the individual attached units shall be offset and shown in the illustrations of the homes. D. Additional side elevation requirements: The exterior Building Materials (composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the side elevations as generally illustrated under Tab 6 to coordinate the gable treatments on the side elevation with the front elevation. E. Expanded the minimum Rear Yard setback to 20’ as requested by staff. Also note the rear yard of all two-family homes are adjacent to large landscaped common 5 areas. F. As also noted as a landscape enhancement a mixture of three (3) additional Shade or Ornamental Trees shall be required along the rear of each yard of each two- family dwelling Lots to help define the adjacent Common Areas. G. Additional rear elevation requirements: i. The exterior Building Materials (composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the rear elevation of the Dwelling as generally illustrated on the illustrations behind Tab 6. Application of this standard shall coordinate added gables and dormers (as illustrated) with materials which coordinate with the front elevation detailing. ii. The perspective included under Tab 5 illustrates the significant commitments to the back of the paired patio homes as seen in the architectural renderings. i. All two-family dwellings in shall have an extended and/or covered patio area as illustrated in the architectural illustrations. H. Low Maintenance Standards: The paired patio portion of Albany Village will be low maintenance. This means that the mulch beds and turf areas will be maintained for the homeowner and they will also get snow removal. This is similar to The Reserve at Spring Mill, Williams Mill and Heritage at Spring Mill. 4. Density: The number of homes has been reduced from a maximum of 84 to 82. 5. Amenities: A. A small park and additional seating areas with benches have been added throughout the common areas (See Tab 3). B. A multi-purpose field was added including benches and a bike racks. C. Linear Park: The Applicant has met with the Parks Department and they were very excited to have a crosswalk being proposed on Shelborne Road and second, they were extremely happy that we were creating what we have referred to as a “linear park” open space through the middle of the neighborhood to provide connectivity through our neighborhood to the new park. The trails will provide for a pedestrian easement that allows anyone to use the trails and go through our property and that commitment and thinking was very unique as adjacent neighborhoods are no all bound by public use of common area trails. D. The Internal pedestrian path paths and sidewalks shall be as generally illustrated on the Concept Plan and provide connectivity between Albany Place to the south and Tallyns Ridge to the east of the Real Estate. The PUD Text was modified to clarify this and the Concept Plan modified accordingly. In this regard all internal 6 pedestrian paths shall be located in pedestrian access easements open to use by the general public. E. Paths as shown on the Concept Plan may be asphalt or crushed limestone. Asphalt is anticipated and preferred by the Alternative Transportation Coordinator. F. In the event the path connecting into Albany Place can’t be attached to the Path in Albany Place the path shall be extended east, along the south perimeter of the Real Estate, to the sidewalk as the street connection with Albany Place. 6. Landscaping: A. Significant landscaping enhancements have been made (i) along the perimeter of the Real Estate and (ii) on lots adjacent to Common areas to assist in providing an appropriate transition and furthering the quality appearance of the neighborhood (see Tab 9 and Tab 3). B. Landscaping Character imagery is now in the Ordinance as Exhibit G (Perimeter Planting Imagery) as shown under Tab 9. These revised exhibits better reflect the actual conditions resulting from the proposed plantings. C. Lot landscaping has been enhanced for all single-family lots. D. Eight (8) shrubs shall be installed in alternating front yards to create a hedge in the front yard of adjacent two-family dwellings. The required setback shall be five (5) feet so they will not block people’s view as the back out of their driveway. E. A mixture of three (3) additional Shade or Ornamental Trees shall be required along the rear of each yard of each two-family dwelling to help define the adjacent Common Areas. These trees may be installed on the subject Lot or in the adjacent Common Area as generally illustrated on the Concept Plan. F. Smaller common areas along the pipeline easement and subdivision entrance shall be planted with additional trees and shrubs as generally illustrated on the Concept Plan including, but not limited to, areas adjacent to benches, bike racks, and paths. 7. Access / Connectivity: A. The existing multi-use path along the south side of 146th Street shall be connected to the internal path network via a striped crosswalk at the northeast corner of the Real Estate as illustrated on the Concept Plan. B. The internal path network is proposed to be connected to the future park site on the west side of Shelborne Road via a crosswalk as generally illustrated on the Concept Plan. Design and construction of this crosswalk shall be subject to a mutually agreed upon park impact fee agreement between the Controlling Developer and Carmel Clay Parks. C. A sidewalk was added and shown on the Concept Plan between cul-de-sac and crosswalk in old 146th r-o-w. 7 D. The path in the easement will be asphalt as recommended by the Alternative Transportation Coordinator. E. DOCS Staff and the Residential Committee asked the Applicant to consider an additional street connection to the 146th Street frontage road. This request was reviewed by the Applicant, including conversations with the City Engineer. It was determined that the street connections is not necessary to address engineering safety and that either of the roadway connections would function correctly from an engineering perspective. Adequate vehicular connectivity is provided with access onto Shelborne Road and connectivity to the two adjoining neighborhoods. However, an exhibit illustrating this connection has been provided under Tab 9 to illustrate the negative impact from an aesthetic perspective on visibility into and out of the neighborhood onto the new upgraded six-lane 146th Street. Thousands of dollars is being invested to buffer the homes from the Category II Limited Access Highway (146th Street) the developer is trying to create a visually attractive perimeter landscaping treatment to a view corridor that some have referred to as a “gateway” between Carmel, Zionsville and Westfield. The exhibits behind Tab 9 show what it would look like to have an open view corridor onto 146th Street. 8. Transitions: The transition between 146th Street and adjacent residential uses utilize multiple design principals to soften transitions; including providing single-family lots next to single family lots and further enhancing landscaping where otherwise none or significantly less is required under the UDO. See the 146th Street Landscape exhibits which provide a more accurate view of the resulting plantings required under the Albany Village Ordinance. Again – the proposed landscaping standards are reflected in the Character Exhibits included behind Tab 8. 9. Procedural Provisions: DOCS Staff requested that the Development Plan Approval requirement be replaced with Primary Plat which is the more typical process rather than Development Plan. The text of the PUD was revised so it is clear that that the Primary Plat will review for compliance with the with the PUD and Secondary Plat and construction plan approval follow. 10. Red-line and Updated Ordinances: Tab 10 includes a red-line copy of the PUD Ordinance illustrating all of the modifications summarized above. Tab 11 includes a clean updated version of the PUD Ordinance. TAB 2 Albany Village Site Location Map / Aerial PhotographShelborne RoadNORTH SITE 141st Street 146th Street TAB 3 TAB 4 TAB 5 TAB 6 Front Elevation Side Elevation Side/Rear Elevation Front Elevation Side Elevation Side/Rear Elevation Front Elevation Side Elevation Side/Rear Elevation EXTERIOR COLOR PACKAGES Photos in this document are provided for representation only and variations my exist in actual color. The items featured are subject to change at any time and do not encompass all items selected for home. Drees Homes reserves the right to substitute materials, finishes, and/or equipment without notice. t Siding Op tion - Night Gray Siding Op tion - Light Mist Siding Op tion - Bristol Green Siding Op tion - Arc tic White Siding Op tion - Elegant Red Siding Op tion - Deep Ocean Coach Lights Front Door - Tricorn Blac k Brick - Stonemill Trim - Extra White Roof - Miore Black  ([KLELW³'´±3DJHRI  ([KLELW³'´  $UFKLWHFWXUDO&KDUDFWHU,PDJHU\±7ZRIDPLO\'ZHOOLQJV       TAB 7 Exhibit “C” Page 1 of 2 Exhibit “C” (Architectural Character Imagery – Single Family Dwellings) TAB 8  ([KLELW³*´3DJHRI ([KLELW³*´  3HULPHWHU3ODQWLQJ&KDUDFWHU,PDJHU\    TAB 9 TAB 10 Sponsors: Councilor _________ CARMEL, INDIANA Albany Village PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-___-20 November 5February 4, 2020 Version G 110520L 020421 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance .............................................................................................. 4 Section 2. Definitions and Rules of Construction .......................................................................... 4 Section 3. Accessory Buildings and Uses ....................................................................................... 6 Section 4. Development Standards .................................................................................................. 6 Section 5. Common Area Requirements ......................................................................................9 Section 6. Landscaping Requirements ..........................................................................................9 Section 7. Signage Requirements ...........................................................................................1213 Section 8. Additional Requirements and Standards .................................................................. 1213 Section 9. Procedural Provisions ...........................................................................................1315 Section 10. Controlling Developer’s Consent .........................................................................1415 Section 11. Violations and Enforcement .................................................................................1516 Section 12. Exhibits .................................................................................................................1516 Exhibit A Legal Description Exhibit B Concept Plan Exhibit C Architectural Character Imagery – Single Family Dwellings Exhibit D Architectural Character Imagery – Two-family Dwellings Exhibit E Architectural Standards – Single Family Dwellings Exhibit F Architectural Standards – Two-family Dwellings Exhibit G Perimeter Planting Character Imagery Note: All of the above Exhibits (A-FG) are attached to this Albany Village Ordinance, are incorporated by reference into this Albany Village Ordinance and are part of this Albany Village Ordinance. Version G 110520L 020421 3 Sponsors: Councilor __________ ORDINANCE Z-___-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE ALBANY VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the Albany Village Planned Unit Development District Ordinance (the “Albany Village PUD”). The Ordinance would rezone the real estate from S-1 Residential to a Planned Unit Development district allowing the future development of a residential neighborhood laid out in the style and character as depicted on the attached Concept Plan which includes single-family and two-family homes. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the “PUD Statute”); and WHEREAS, Logan Group, LLC (“Logan”), submitted an application to the Carmel Plan Commission (the “Plan Commission”) to adopt a PUD District Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); and WHEREAS, Logan’s application is consistent with the provisions of the UDO and PUD Statute; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on November 17, 2020 concerning Logan’s application for a PUD District Ordinance, which application was docketed as PZ-2020- 00155 PUD; and WHEREAS, the Plan Commission, at its hearing on ________, 2020, has given a _____________ recommendation to this Albany Village PUD (the “Albany Village Ordinance”), which establishes the Albany Village Planned Unit Development District (the “Albany Village District”). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts this Albany Village Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or Version G 110520L 020421 4 parts thereof inconsistent with any provision of this Albany Village Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Albany Village Ordinance; and, (iv) this Albany Village Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Albany Village District. Section 1.2 Development in the Albany Village District shall be governed entirely by (i) the provisions of this Albany Village Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Albany Village Ordinance. Where this Albany Village Ordinance is silent, the applicable standards of the UDO shall apply. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Albany Village Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word “shall” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Albany Village Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Albany Village Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the UDO. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Dwelling as the main use, and incidental to the main use. Area A Lots: The area identified as “Area A” on the Concept Plan. Area B Lots: The area identified as “Area B” on the Concept Plan. Architectural Character Imagery: These comprise the elevations and photographs, attached hereto as Exhibit C (Architectural Character Imagery – Single Family Dwellings), and Exhibit D (Architectural Character Imagery – Two-family Version G 110520L 020421 5 Dwellings), and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Character Imagery is general and not intended to delineate the only final Dwelling designs that may be built. Dwellings shall comply with the Architectural Standards but may vary from the Architectural Character Imagery provided all applicable Architectural Standards are met. Architectural Standards: The Architectural Standards incorporated herein under Exhibit E (Architectural Standards – Single Family Dwellings) and Exhibit F (Architectural Standards – Two-family Dwellings). Building: A structure having a roof supported by columns and walls, for shelter, support, or a Dwelling. City: Shall mean the City of Carmel, Indiana. Common Area(s): Common Areas shall comprise a parcel or parcels of land, areas of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designed by the Controlling Developer. Common Areas do not include any area which is divided into individual Dwelling lots or streets. Common Areas shall be in the areas generally identified on the Concept Plan. Concept Plan: The general plan for the development of the Real Estate, including but not limited to lots, streets and common areas attached hereto as Exhibit B (Concept Plan). Controlling Developer: Shall mean Logan Group, LLC or the owner of the Real Estate at the time of adoption of the Albany Village Ordinance, until such time as Logan Group, LLC or the owner transfers or assigns, in writing, its rights as Controlling Developer such as to an Owners Association. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions, if any, applicable to the Real Estate, or any portion thereof, which may be prepared and recorded by the Controlling Developer in its discretion in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Development Plan or “DP”: A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of lots, streets and common areas. “Development Plan Approval” or “DP Approval”: A Development Plan Approved by the Plan Commission pursuant to the procedures for DP Approval of the UDO. Development Requirements: Written development standards and any written requirements specified in this Albany Village Ordinance, which must be satisfied Version G 110520L 020421 6 in connection with the approval of a Development PlanPrimary or Secondary Plat and Building Permits. Dwelling: A detached single-family residence or one unit in a two-family dwelling building. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Plan Commission: The City of Carmel Plan Commission. Primary Roof: The roof on a Dwelling which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Setback, Minimum: The minimum setback a dwelling shall be from the property line. Stoops, steps, landings, and decks/balconies may encroach into the required Minimum Front Yard Setback. by a maximum of three (3) feet. Sign: Any type of sign as further defined and regulated by this Albany Village Ordinance and the UDO. Unified Development Ordinance (or “UDO”): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City’s official Zone Map corresponding to the UDO. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the Albany Village District; unless prohibited in the Declaration(s) of Covenants; provided, however, that any detached Accessory Structure shall have on all sides the same level of architectural features and shall be architecturally compatible with the principal building(s) with which it is associated. Accessory Structures and Accessory Uses shall be permitted subject to the provisions of the UDO. Section 4. Development Standards. Section 4.1 Permitted Uses: A. Area A: Single-family Dwellings B. Area B: Single-family Dwellings and Two-family Dwellings C. Common Areas. D. Model Home(s). Version G 110520L 020421 7 E. There shall be no more than eighty-four (84two (82) Dwellings permitted within the Real Estate. Section 4.2 Bulk Requirements: A. Area A Lots: 1. Minimum Lot Area: Ten Thousand, eight hundred (10,800) square feet. Lots adjacent to the east perimeter of the Real Estate shall be a minimum of twelve thousand (12,000) square feet. 2. Minimum Lot Width at Building Line: Eighty (80) feet. 3. Minimum Lot Width at Right of Way: Fifty (50) feet. 4. Minimum Front Yard Setback: Twenty-five (25) feet. 5. Minimum Side Yard Setback: Five (5) feet. 6. Minimum Rear Yard Setback: Twenty (20) feet. 7. Maximum Lot Coverage: Sixty (60) percent. 8. Maximum Building Height: Thirty-five (35) feet. 9. Minimum ground floor square footage of one-story Dwelling (exclusive of porches, terraces, and garages): Two thousand (2,000) square feet. 10. Minimum ground floor square footage of two-story Dwelling (exclusive of porches, terraces, and garages): One thousand, two hundred (1,200) square feet. 11. Fifty (50) percent of the Lots shall require a dwelling which includes a side-load garage. A minimum of five (5) of the Lots along the east perimeter of the Real Estate south of the street connection to Tallyns Ridge shall include a side-load garage. B. Area B Lots (applicable to each Dwelling Lot): 1. Minimum Lot Area: Four Thousand, Five Hundred (4,500) square feet. 2. Minimum Lot Width at Building Line: Forty-two (42) feet. Version G 110520L 020421 8 3. Minimum Lot Width at Right of Way: Thirty (30) feet. 4. Minimum Front Yard Setback: Twenty (20) feet. 5. Minimum Side Yard Setback: Five (5) feet applied to the building. 6. Minimum Rear Yard Setback: Ten (10Twenty (20) feet. 7. Maximum Lot Coverage: Seventy (70) percent. 8. Maximum Building Height: Thirty-five (35) feet. 9. Minimum square footage per Dwelling (exclusive of porches, terraces, and garages): One thousand, three-hundred and fifty (1,350) square feet. Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Albany Village Ordinance. Section 4.4 Applicable signage requirements are contained in Section 7 of this Albany Village Ordinance. Section 4.5 Applicable additional requirements and standards are contained in Section 8 of this Albany Village Ordinance. Section 4.6 Architectural Standards: A. The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit C (Architectural Character Imagery – Single Family Dwellings) and Exhibit D (Architectural Character Imagery – Two-family Dwellings). B. Dwelling Architecture: 1. All Single Family Dwellings shall be constructed in compliance with the architectural standards included within Exhibit E (Architectural Standards – Single Family Dwellings). 2. All Two-family Dwellings shall be constructed in compliance with the architectural standards included within Exhibit F (Architectural Standards – Two-family Dwellings). Version G 110520L 020421 9 Section 4.7 Lot Lighting: All Dwellings shall have (i) light fixtures flanking the garage doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights at the front door of the Dwelling. Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way), when provided,) shall (i) be confined toprovided at the subdivision street intersection with Shelborne Road and at internal street intersections and (ii) meet all applicable City standards and (iii)shall be reviewed by the City. Section 4.9 Parking: A. Four (4) spaces per Dwelling are required. B. Parking Spaces (i) within driveways including tandem spaces adjacent to garages, (ii) within garages, and (iii) on-street parking shall count toward required parking. C. Driveways designed to permit parking shall be a minimum of twenty (20) feet in length as measured from the street right of way and vehicles shall not be parked in a location that encroaches onto a sidewalk or alley. D. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers. Asphalt driveways shall not be permitted. Section 5. Common Area Requirements. Common Area shall be in the areas generally identified on the Concept Plan. Section 5.1 A minimum of eight and seven-tenths (8.7) acres (approximately twenty- five (25) percent), of the District, shall be allocated to Common Area. Section 5.2 Common area shall be provided as generally depicted on the Concept Plan. Section 5.2 Fountains shall be provided in the locations as generally depicted on the Concept Plan. Section 6. Landscaping Requirements. Landscaping shall comply with the following standards: Version G 110520L 020421 10 Section 6.1. General Landscaping Standards. Landscaping shall be integrated with, and complement other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, and fencing. A. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices (BMPs) published by the City’s Urban Forestry Program. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features shall be addressed. The City’s planting details shall be required on the landscape plan. All trees shall be selected from the City’s recommended tree list published by the City’s Urban Forestry Program or otherwise approved by the Urban Forester. B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall be a minimum of 6 feet in height when planted. Shrubs shall be at least 18 inches in height when planted. Ornamental grasses must obtain a mature height of at least 3 feet. C. All landscaping approved as part of a Development Plan / Primary Plat shall be installed prior to issuance of the first Certificate of Occupancy for a dwelling in the area of the Real Estate subject to a Secondary Plat; provided, however, that when because of weather conditions, it is not possible to install the approved landscaping before the issuance of a Certificate of Occupancy, the Controlling Developer shall request a temporary Certificate Of Occupancy which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. D. All landscaping is subject to Development Plan / Primary Plat approval. No landscaping which has been approved by the Urban Forester with the Primary Plat may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Urban Forester in order to conform to specific site conditions. E. It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area exists per the requirements of this Albany Village Ordinance, to ensure proper maintenance of landscaping in accordance with the Albany Village Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming, planting, maintenance contracting and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Section 6.2. Areas to be landscaped. Version G 110520L 020421 11 A. Perimeter Landscaping. 1. A minimum twenty-five (25) foot wide perimeter landscaping area shall be provided along the 146th Street and Shelborne Road perimeter of the Real Estate. Character imagery is included in Exhibit G (Perimeter Planting Imagery). 2. Eight (8) shade or evergreen trees, two (2) ornamental trees, and ten (10) shrubs (per 100 linear feet) shall be provided within the perimeter landscaping area along the 146th Street and Shelborne Road perimeter of the Real Estate. A minimum of five (5) of the trees (per 100 linear feet) required along Shelborne Road shall be evergreen trees of a spruce variety. 3. A minimum ten (10) foot tree preservation easement shall be provided along the east and south perimeter of the Real Estate as illustrated on the Concept Plan. 4. No perimeter buffering internal to the Real Estate shall be required between individual parcels within the Albany PlaceVillage District. B. Street Trees. 1. Large growing shade trees shall be planted within public street right-of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of fifty (50) feet on center and are not required to be evenly spaced, unless this spacing cannot be attained due to the location of driveways, proposed utilities, or other obstructions as defined below in Section 6.2.B.2. 2. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City’s Urban Forester in mediating an alternative. C. Foundation and Lot Planting Standards. The following planting requirements apply to all Dwellings: 1. Area A:Single Family Dwellings: Version G 110520L 020421 12 a. All lots shall be required to plant two (2) shade (2) trees in the front yard. Corner lots shall install two (2) shade (2) trees per side facing a street. b. All lots shall have a minimum of eighteen (18) shrubs and /or ornamental grasses along the Dwelling foundation with a minimum of twelve (12) facing the street. Corner lots shall install a minimum of thirty (30) shrubs and/or ornamental grasses along the dwelling foundation with a minimum of twelve (12) shrubs or grasses per side facing a street. 2. Area B: c. All lots shall be required to plant one (1) shade tree or one (1) ornamental tree in the rear yard or adjacent common area where interior lots are separated by common area. d. In addition to Section 6.2,C.1.c above each lot adjacent to the east perimeter of the Real Estate (Tallyns Ridge) shall be required to plant two (2) Evergreen Trees and one (1) Shade Tree resulting in a total of four (4) trees in the rear yards in addition to the preservation of the existing tree line within a Tree Preservation Area along the shared property line. 2. Two-family Dwellings: a. Lots shall be required to plant a minimum of: one (1) Shade Tree, in the front yard, and one (1) Ornamental Tree and in the front or side yard. a.b. Foundation Shrubs: Eight (8) Shrubs shall be required on each Dwelling Lot. shall be required. A minimum of: one (1) tree and four (4) shrubs shall be located in the Front Yard. b.c. Each Dwelling on a Corner Lot shall have one (1) additional tree (either shade or ornamental) in either Front Yards. c.d. The area between the driveways of a two-family dwelling shall be grass. e. Eight (8) shrubs shall be installed in alternating front yards to create a hedge in the front yard of adjacent two-family dwellings. The shrubs shall be setback a minimum of five (5) feet from the Street right-of-way. Version G 110520L 020421 13 f. A mixture of three (3) additional Shade or Ornamental Trees shall be required along the rear of each yard of each two-family dwelling to help define the adjacent Common Areas. These trees may be installed on the subject Lot or in the adjacent Common Area as generally illustrated on the Concept Plan. 3. Foundation and Lot plantings shall be installed by the builder at the time a Dwelling is constructed on the Lot(s). D. Storm Water Retention Ponds. The primary landscaping materials used adjacent to ponds shall be native aquatic shoreline species, trees, shrubs, ground covers, and ornamental grasses appropriately sited for a natural rather than engineered appearance utilizing primarily native plants. A sedge meadow mixture will be established within the first 5 feet of the permanent pool around the entire perimeter the pond. This vegetation will detract geese by providing a natural cover for common predators and will also act as a filter buffer between the pond and individual lots. E. Common Areas. : 1. The primary landscaping materials used within common areas including the pipeline easement as illustrated on the Concept Plan shall be native wildflower plantings. These plantings are in addition to Storm Water Retention Pond and Perimeter Landscaping. 2. Smaller common areas along the pipeline easement and subdivision entrance shall be planted with additional trees and shrubs as generally illustrated on the Concept Plan including, but not limited to, areas adjacent to benches, bike racks, and paths. 1.3.The Common Area Inspection Standards of Section 7.20(D) of the UDO shall apply. Section 7. Signage Requirements. All signage on the Real Estate shall comply with the UDO as amended. Section 8. Additional Requirements and Standards. Section 8.1. Home Occupations. Home Occupations shall meet the requirements of the UDO as amended. Section 8.2. Right-of-way widths. A. The required right-of-way for the 146th Street frontage road shall be the existing right-of-way. Version G 110520L 020421 14 B. The half right-of-way width for Shelborne Road shall be forty-five (45) feet. C. The configuration of vehicular access into the Real Estate shall be provided as illustrated on the Concept Plan. No vehicular access shall be permitted from the 146th Street frontage road. Section 8.3. Sidewalks and Pedestrian Amenities: A. A five (5) foot wide sidewalk shall be required (i) along both sides of all internal streets, and (ii) connecting the cul-de-sac with the crosswalk located along the 146th Street frontage road as depicted on the Concept Plan. B. A ten (10) foot path shall be required (i) along Shelborne Road and (ii) connecting the crosswalk along the frontage road to the path within the frontage road right-of-way adjacent to Tallyns Ridge. C. AnA minimum six (6) foot width internal pedestrian path shall be required along the pipeline easement and connect to the . This path may meander along the easement subject to the approval of the easement holder. D. Internal paths as shown on the Concept Plan may be asphalt or crushed limestone subject to approval by the Alternative Transportation Coordinator. C.E. The existing multi-use path along the south side of 146th Street shall be connected to the internal path network via a striped crosswalk at the northeast corner of the Real Estate as illustrated on the Concept Plan. F. The internal path network is proposed to be connected to the future park site on the west side of Shelborne Road via a crosswalk as generally illustrated on the Concept Plan. Design and construction of this crosswalk shall be subject to a mutually agreed upon park impact fee agreement between the Controlling Developer and Carmel Clay Parks. D.G. Internal pedestrian path paths and sidewalks shall be as generally illustrated on the Concept Plan and provide connectivity between Albany Place to the south and Tallyns Ridge to the east of the Real Estate. All internal pedestrian paths shall be located in pedestrian access easements open to use by the general public. In the event the path connecting into Albany Place can’t be attached to the Path in Albany Place the path shall be extended east, along the south perimeter of the Real Estate, to the sidewalk as the street connection with Albany Place. H. A minimum of six (6) benches and one (1) bicycle parking area shall be provided in the locations as generally illustrated on the Concept Plan. Version G 110520L 020421 15 Section 8.4. Road Improvement Requirements. Development of the Real Estate shall meet all applicable Thoroughfare Plan related improvement requirements as identified in and required under the UDO unless otherwise provided for in this Albany Village Ordinance for only the street connections to the Albany Place Subdivision and Tallyns Ridge Subdivision as shown on the Concept Plan. Section 8.5. Declaration of Covenants and Owners Association. Declarations of Covenants, if any, may be prepared by the Controlling Developer in its discretion and recorded with the Recorder of Hamilton County, Indiana. The Declaration(s) of Covenants may establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of all Buildings. Section 9. Procedural Provisions.8.6. Lot Maintenance for two-family Dwelling Lots: A. All lots including two-family dwellings shall be subject to a required landscape maintenance program including mulching, edging, fertilization, mowing, weeding of beds, and fall clean up. B. All lots including two-family dwellings shall be subject to a required snow removal program. Section 9. Procedural Provisions. Section 9.1. Development PlansPrimary Plat. A. Development Plan (“DPPrimary Plat (“PP”) approval shall be required prior to the issuance of aan Improvement Location Permit to determine if the DPPP satisfies the Development Requirements specified within only this Albany Village Ordinance. B. The Real Estate shall be developed in substantial compliance with the Concept Plan hereby incorporated and attached as Exhibit B subject to Development PlanPrimary Plat approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO as it applies to Development Plans. C. If there is a Substantial Alteration in any approved DPPP, 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 shall be approved by the Director. Section 9.2. Primary Plat. A Development Plan approved by the Plan Commission shall be, upon approval, the Primary Plat of the Real Estate. Version G 110520L 020421 16 Section 9.3. Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of a Secondary Plat that is in substantial conformance with the Development Plan/Primary Plat and is in conformance with the Development Requirements of this Albany Village Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Plan Commission. Section 9.43. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to the requirements of the UDO. A wavier of the provisions of this Albany Village Ordinance may be granted up to a maximum of thirty-five (35) percent of the specified standard. Section 9.54. Variance of Development Requirements. The BZA may authorize Variances from the terms of the Albany Village Ordinance, subject to the procedures prescribed in the UDO. Section 10. Controlling Developer’s Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement Location Permits for any site improvements within the Real Estate; B. Sign permits for any Signs within the Real Estate; C. Improvement Location Permits for any Dwellings within the Real Estate; D. Development Plan, Primary Plat or Secondary Plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Albany Village Ordinance. Section 11. Violations and Enforcement. All violations and enforcement of this Albany Village Ordinance shall be subject to the requirements of the UDO. Section 12. Exhibits. All of the Exhibits (A-FG) on the following pages are attached to this Albany Village Ordinance, are incorporated by reference into this Albany Village Ordinance and are part of this Albany Village Ordinance. Version G 110520L 020421 17 The remainder of this page is left blank intentionally. Exhibit “A” – Page 1 of 2 Exhibit “A” (Legal Description) A part of the Northwest Quarter of the Northwest Quarter of Section 20, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, being a part of the William Lamb property described in Instrument Number 2018037539 in the Recorders Office of Hamilton County, Indian and being described as follows: Beginning at the Northeast corner of a tract of real estate conveyed to Hamilton County, Indiana, as described in Instrument Number 2018037540, said point being along the North line of said Quarter section, North 89 degrees 36 minutes 02 seconds East, 513.36 feet, from the Northwest corner of said Northwest Quarter, marked by a Harrison monument; thence continue along said North line, North 89 degrees 36 minutes 02 seconds East 811.71 feet to the Northeast corner of said Quarter-Quarter section, also being the Northwest corner of Tallyn’s Ridge subdivision as per plat thereof recorded in Instrument Number 2016048354; thence along the west line of said subdivision and east line of said quarter-quarter, South 00 degrees 04 minutes 02 seconds West, 1314.83 feet to a capped rebar at the Southeast corner of said quarter-quarter (said point also being the Southwest corner of said Tallyn’s Ridge and the Northeast corner of Albany Place Section 2 as per plat thereof recorded as Instrument Number 2018050330 in said Recorders office); thence along the South line of said quarter-quarter section(and north line of said Albany Place Section 2 and the North line of Haskell property described in Instrument Number 9427730), South 89 degrees 36 minutes 47 seconds West, 1325.57 feet to a point on the West line of said Northwest Quarter; Also being Southwest corner of said quarter-quarter section thence along said West line, North 00 degrees, 05 minutes 20 seconds East, 789.55 feet to the Southwest corner of said Hamilton County property; thence along the Eastern boundary thereof the following nine (9) courses: 1) South 89 degrees 53 minutes 48 seconds East, 10.87 feet, 2) North 68 degrees 36 minutes 20 seconds East, 67.78 feet to a point of curvature of a non-tangent curve to the left, having a radius of 205.00 feet and subtended by a long chord having a bearing of North 69 degrees 33 minutes 03 seconds East, 155.69 feet; 3) thence along said curve an arc distance of 159.70 feet; 4) North 33 degrees 39 minutes 10 seconds East, 65.23 feet to a point of curvature of a curve to the left having a radius of 200.00 feet and subtended by a long chord having a bearing of North 14 degrees 27 minutes 47 seconds East, 98.72 feet; 5) thence along said curve an arc distance of 99.75 feet; 6) North 00 degrees 10 minutes 32 seconds East, 144.07 feet to a point of a tangent curve to the right, having a radius of 110.00 feet and subtended by a long chord of North 44 degrees 53 minutes 18 seconds East, 154.78 feet, 7) thence along said curve an arc distance of 171.68 feet; 8) North 89 degrees 31 minutes 43 seconds East, 124.14 feet; 9) North 00 degrees 23 minutes 13 seconds West, 44.84 feet to the Point of Beginning, containing 36.649 acres more or less. Exhibit “A” – Page 2 of 2 Exhibit “A” (Legal Description) Exhibit “B” Page 1 of 1 Exhibit “B” (Concept Plan) Exhibit “C” Page 4 of 2 Exhibit “C” Page 1 of 3 Exhibit “C” (Architectural Character Imagery – Single Family Dwellings) Exhibit “C” Page 2 of 3 Exhibit “C” (Architectural Character Imagery – Single Family Dwellings) Exhibit “C” Page 3 of 3 Exhibit “C” (Architectural Character Imagery – Single Family Dwellings) Exhibit “D” Page 1 of 8 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 2 of 8 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 3 of 8 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 4 of 8 Exhibit “D” – Page 5 of 8 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 6 of 8 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 7 of 8 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 8 of 8 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “E” Page 1 of 4 Exhibit “E” (Architectural Standards – Single Family Dwellings) The standards set forth below in this Exhibit E Architectural Standards – Single Family Dwellings apply to all Single Family Dwellings on the Real Estate. Section 1. Dwelling Design: A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted siding materials subject to the following provisions: 1. A brick or stone masonry wainscot (a minimum of 2’0” from the top of the exposed foundation) shall be provided, at a minimum, on all elevations. In general, the masonry wainscot will extend to the level of the bottom of the first floor windows. 2. Brick or stone masonry shall be provided, at a minimum, on fifty (50) percent of the front elevation. A maximum of fifteen (15) homes may provide less brick or stone masonry on the front elevation provided the home still complies with Section 1.A.1 above which requires a minimum brick or stone masonry wainscot on all elevations. For the purposes of administering this requirement the front façade shall be the elevation including the front door of the Dwelling. 3. Cementitious Board shall not be permitted in the required wainscot area. 4. EIFS, Vinyl and aluminum siding shall be prohibited. 5. The same materials shall be used on the front and side of the dwelling. All materials shall not be required to be used but shall comply with the standards above in this Section 1.A. B. Building Scale and Massing: Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished by including, but not limited to, any of the following features: 1. Variations in height and depth, 2. Windows and door openings, 3. Changes in roof line or height, 4. Details and trim appropriate to the style and mass of the building, 5. Use of different materials, textures, and material placement, 6. Placement of landscaping materials and street furniture, Exhibit “E” Page 2 of 4 7. Balconies, recessed entries, and covered porches, and 8. Bays and towers. C. Required Window Openings: 1. Minimum Number: a. A minimum of two (2) windows per façade (elevation) per floor shall be provided. b. A minimum of three (3) windows per side façade facing a street or common area shall be provided for corner lots and lots where the side yard is adjacent to a common area. c. In order to meet this requirement, each individual window, or set of contiguous windows, must be a minimum of nine (9) square feet. A door on the side of a Dwelling may substitute for one (1) window on the same side of the Dwelling. 2. Habitable rooms, such as bedrooms and living rooms, shall have operable windows with screens to take advantage of natural cross-ventilation. 3. All windows shall be fully framed including a sill and cornice frame unless the window is surrounded by Masonry material. 4. Shutters, where provided, shall be duly functional with all necessary hardware or shall be provided with adequate hardware to make them appear functional. 5. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted metal. D. Garage Type: 1. All garages shall be attached to the Dwelling. 2. All garages shall be designed as an integral part of the architecture of the dwelling, with regards to materials, trim, and detail. 3. Garage doors shall have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware). E. Chimneys: Brick or stone masonry, only and extended fully to ground provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board and/or synthetic stucco as their exterior building material. Direct Exhibit “E” Page 3 of 4 vent gas fireplaces are not required to have chimneys, but if they do, they cannot be shed style or cantilevered chimneys. F. Porches and Entryways: 1. Twenty (20) percent of all dwellings in Area A will include a front porch. 2. Porches shall be a minimum of five (5) feet deep. 3. Porches and/or entryways shall be delineated by elements such as pilasters, sidelights, columns, railings, etc. F.G. Roofline: 1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12 (horizontal units). Secondary roofs (e.g. porches, bays, garages, dormers) may have a lower pitch. 2. The Primary Roof shall have at least an eleven inch (11”) overhang after installation of siding or an eight inch (8”) overhang after installation of brick or stone masonry. This measurement shall not include gutters. 1.4. 3. All Dwellings’ roofs shall include architectural-grade dimensional shingles, however, cedar shake roofing or slate like roofing shall be a permitted alternative. Three-tab shingles are not permitted. 2.5. 4. If dormers are used, at least one (1) window or decorative louver per dormer is required. Dormers and gables must have details such as attic bands, windows, and/or decorative attic vents. Section 2. Fences: Fences are permitted on individual Lots and shall not be chain-link, coated chain-link or wood. Fences and/or walls shall not be permitted in the twenty-foot buffer along 146th Street or Shelborne Road without Administrative ADLS approval which may be granted for a Subdivision Entry Sign. Section 3. Lot Lighting: All Single Family Dwellings shall have light fixtures flanking the garage door and equipped with a photo cell so the light is on from dusk to dawn. (continued on next page) Exhibit “E” Page 4 of 4 Section 24. Monotony Mitigation: A. Front Façades: The same Building elevation shall not be constructed for two (2) lots on each side of the subject lot on the same side of the street and for three (3) lots across the street from the subject lot as illustrated in the below diagram. B. Exterior Siding Color: No two side by side homes on contiguous lots or the lot across the street from the subject lot shall have the same exterior color on the primary structure of the home. C. Exterior Masonry Color: No two side by side homes on contiguous lots shall have the same masonry color. Exhibit “F” Page 1 of 3 Exhibit “F” (Architectural Standards – Two-family Dwellings) The standards set forth below in this Exhibit F Architectural Standards – Two-family Dwellings apply to all Two-family Dwellings on the Real Estate. Section 1. Dwelling Design: A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted siding materials. Vinyl shutters, aluminum facia, aluminum soffits, aluminum downspouts/gutters shall be permitted. 1. A brick or stone masonry wainscot (a minimum of 2’0” from the top of the exposed foundation) shall be provided, at a minimum, on all elevations. In general, the masonry wainscot will extend to the level of the bottom of the first floor windows. B. Minimum Overhang: The primary/main roof overhang or eaves shall be a minimum of eleven (11) inches on all facades of each Building, as measured prior to the installation of any Masonry Materials. C. Garages: 1. All Dwellings shall have a minimum two (2) car attached garage. 2. The front of the garages on a minimum of seventy-five (75) percent of the attached dwellings shall be offset from one another by a minimum of eight (8) feet. 2.3. In order to vary the appearance of garage doors and create street curb appeal, garage door designs shall include a mix and variety of design elements. A minimum of two (2) basic garage door styles (with windows, without windows, and mixed) matching the door style shall be utilized and a variety of color packages will be utilized. Garage door colors shall match or compliment either the siding or trim color of the Dwelling. 3.4. All garage doors shall have trim of not less than six-inch (6”) nominal width. D. Roof Pitch: The minimum primary/main roof pitch shall be 6:12. Other secondary accent roof planes shall not be less than 5:12. E. Front Building Façade Requirements: At a minimum, each Dwelling shall utilize the following architectural elements on the Front Building Façade: Exhibit “F” Page 2 of 3 1. The exterior Building Materials shall consist of Masonry Material and two (2) of the following materials: composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding. 2. All windows shall have either (i) shutters with trim board sill and cornice or (i) a nominal four-inch (4”) trim board on all sides. 3. A minimum of two (2) six-inch (6”) offsets or one (1) four-foot (4’) offset which is a minimum height equivalent to one-story (exclusive of windows, doors, garages, and other openings). 4. The roof design shall consist of at least one (1) of the following features: hip roof, dormer, Dutch hip, jerkinhead, shed roof accent, cornice returns, multiple gables, or two (2) or more roof planes. 5. The primary/main roof plane between the individual attached units shall be offset. F. Side Building Façade Requirements: At a minimum, the side elevation for each Dwelling shall utilize the following architectural elements: 1. The exterior Building Materials (composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the side elevations as generally illustrated in Exhibit D to coordinate the gable treatments on the side elevation with the front elevation. 1.2. A minimum of two (2) windows shall apply to each exterior side elevation. In the case of a finished second level / half level one (1) additional window shall be required on the subject side elevation. 2.3. All windows shall have a minimum four-inch (4”) nominal width trim. G. Rear Building Façade Requirements: At a minimum, the Rear Building Façade for each Dwelling shall utilize the following architectural elements: 1. The exterior Building Materials (composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the rear elevation of the Dwelling as generally illustrated in Exhibit D. Application of this standard shall coordinate added gables and/or dormers as generally illustrated with materials which coordinate with the front elevation detailing. 2. All dwellings shall include an integrated/covered or extended/covered patio area. Exhibit “F” Page 3 of 3 1.3. A minimum of three (3) windows and a patio door shall apply to each Dwelling. 2.4. All windows shall have a minimum four inches (4”) nominal width trim. H. Windows: All windows which include shutters, where provided, shall be duly functional with all necessary hardware or shall be provided with adequate hardware to make them appear functional. I. Lot Lighting: All Two-family Dwellings shall have light fixtures flanking the garage door and equipped with a photo cell so the light is on from dusk to dawn. Section 2. Monotony Mitigation: A. No two side by side Two-family Dwelling buildings on contiguous Lots on the same side of the street or the Lot most directly across the street shall not have the same elevation or exterior color package. B. Both units of a two-family dwelling shall have the same color siding and the same masonry color but each unit shall require a different front elevation architectural design. C. Masonry color shall be varied and a minimum of three (3) masonry colors shall be used. D. An exterior color package shall be established for the dwellings, an example of which is provide on Page 5 of 6 of Exhibit D, which may vary from the example. Exhibit “FG” Page 1 of 1 Exhibit “G” (Perimeter Planting Character Imagery) PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Laura D. Campbell, President Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Adam Aasen ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________ 2020, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032. Albany Village PUD G 110520L 020421.doc TAB 11 Sponsors: Councilor _________ CARMEL, INDIANA Albany Village PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-___-20 February 4, 2020 Version L 020421 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance .............................................................................................. 4 Section 2. Definitions and Rules of Construction .......................................................................... 4 Section 3. Accessory Buildings and Uses ....................................................................................... 6 Section 4. Development Standards .................................................................................................. 6 Section 5. Common Area Requirements ......................................................................................9 Section 6. Landscaping Requirements ..........................................................................................9 Section 7. Signage Requirements ...............................................................................................13 Section 8. Additional Requirements and Standards ...................................................................... 13 Section 9. Procedural Provisions ...............................................................................................15 Section 10. Controlling Developer’s Consent .............................................................................15 Section 11. Violations and Enforcement .....................................................................................16 Section 12. Exhibits .....................................................................................................................16 Exhibit A Legal Description Exhibit B Concept Plan Exhibit C Architectural Character Imagery – Single Family Dwellings Exhibit D Architectural Character Imagery – Two-family Dwellings Exhibit E Architectural Standards – Single Family Dwellings Exhibit F Architectural Standards – Two-family Dwellings Exhibit G Perimeter Planting Character Imagery Note: All of the above Exhibits (A-G) are attached to this Albany Village Ordinance, are incorporated by reference into this Albany Village Ordinance and are part of this Albany Village Ordinance. Version L 020421 3 Sponsors: Councilor __________ ORDINANCE Z-___-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE ALBANY VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the Albany Village Planned Unit Development District Ordinance (the “Albany Village PUD”). The Ordinance would rezone the real estate from S-1 Residential to a Planned Unit Development district allowing the future development of a residential neighborhood laid out in the style and character as depicted on the attached Concept Plan which includes single-family and two-family homes. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the “PUD Statute”); and WHEREAS, Logan Group, LLC (“Logan”), submitted an application to the Carmel Plan Commission (the “Plan Commission”) to adopt a PUD District Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); and WHEREAS, Logan’s application is consistent with the provisions of the UDO and PUD Statute; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on November 17, 2020 concerning Logan’s application for a PUD District Ordinance, which application was docketed as PZ-2020- 00155 PUD; and WHEREAS, the Plan Commission, at its hearing on ________, 2020, has given a _____________ recommendation to this Albany Village PUD (the “Albany Village Ordinance”), which establishes the Albany Village Planned Unit Development District (the “Albany Village District”). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts this Albany Village Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or Version L 020421 4 parts thereof inconsistent with any provision of this Albany Village Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Albany Village Ordinance; and, (iv) this Albany Village Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Albany Village District. Section 1.2 Development in the Albany Village District shall be governed entirely by (i) the provisions of this Albany Village Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Albany Village Ordinance. Where this Albany Village Ordinance is silent, the applicable standards of the UDO shall apply. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Albany Village Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word “shall” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Albany Village Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Albany Village Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the UDO. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Dwelling as the main use, and incidental to the main use. Area A Lots: The area identified as “Area A” on the Concept Plan. Area B Lots: The area identified as “Area B” on the Concept Plan. Architectural Character Imagery: These comprise the elevations and photographs, attached hereto as Exhibit C (Architectural Character Imagery – Single Family Dwellings), and Exhibit D (Architectural Character Imagery – Two-family Version L 020421 5 Dwellings), and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Character Imagery is general and not intended to delineate the only final Dwelling designs that may be built. Dwellings shall comply with the Architectural Standards but may vary from the Architectural Character Imagery provided all applicable Architectural Standards are met. Architectural Standards: The Architectural Standards incorporated herein under Exhibit E (Architectural Standards – Single Family Dwellings) and Exhibit F (Architectural Standards – Two-family Dwellings). Building: A structure having a roof supported by columns and walls, for shelter, support, or a Dwelling. City: Shall mean the City of Carmel, Indiana. Common Area(s): Common Areas shall comprise a parcel or parcels of land, areas of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designed by the Controlling Developer. Common Areas do not include any area which is divided into individual Dwelling lots or streets. Common Areas shall be in the areas generally identified on the Concept Plan. Concept Plan: The general plan for the development of the Real Estate, including but not limited to lots, streets and common areas attached hereto as Exhibit B (Concept Plan). Controlling Developer: Shall mean Logan Group, LLC or the owner of the Real Estate at the time of adoption of the Albany Village Ordinance, until such time as Logan Group, LLC or the owner transfers or assigns, in writing, its rights as Controlling Developer such as to an Owners Association. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions, if any, applicable to the Real Estate, or any portion thereof, which may be prepared and recorded by the Controlling Developer in its discretion in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Development Requirements: Written development standards and any written requirements specified in this Albany Village Ordinance, which must be satisfied in connection with the approval of a Primary or Secondary Plat and Building Permits. Dwelling: A detached single-family residence or one unit in a two-family dwelling building. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Version L 020421 6 Plan Commission: The City of Carmel Plan Commission. Primary Roof: The roof on a Dwelling which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Setback, Minimum: The minimum setback a dwelling shall be from the property line. Stoops, steps, landings, and decks/balconies may encroach into the required Minimum Front Yard Setback by a maximum of three (3) feet. Sign: Any type of sign as further defined and regulated by this Albany Village Ordinance and the UDO. Unified Development Ordinance (or “UDO”): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City’s official Zone Map corresponding to the UDO. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the Albany Village District; unless prohibited in the Declaration(s) of Covenants; provided, however, that any detached Accessory Structure shall have on all sides the same level of architectural features and shall be architecturally compatible with the principal building(s) with which it is associated. Accessory Structures and Accessory Uses shall be permitted subject to the provisions of the UDO. Section 4. Development Standards. Section 4.1 Permitted Uses: A. Area A: Single-family Dwellings B. Area B: Single-family Dwellings and Two-family Dwellings C. Common Areas. D. Model Home(s). E. There shall be no more than eighty-two (82) Dwellings permitted within the Real Estate. Section 4.2 Bulk Requirements: A. Area A Lots: Version L 020421 7 1. Minimum Lot Area: Ten Thousand, eight hundred (10,800) square feet. Lots adjacent to the east perimeter of the Real Estate shall be a minimum of twelve thousand (12,000) square feet. 2. Minimum Lot Width at Building Line: Eighty (80) feet. 3. Minimum Lot Width at Right of Way: Fifty (50) feet. 4. Minimum Front Yard Setback: Twenty-five (25) feet. 5. Minimum Side Yard Setback: Five (5) feet. 6. Minimum Rear Yard Setback: Twenty (20) feet. 7. Maximum Lot Coverage: Sixty (60) percent. 8. Maximum Building Height: Thirty-five (35) feet. 9. Minimum ground floor square footage of one-story Dwelling (exclusive of porches, terraces, and garages): Two thousand (2,000) square feet. 10. Minimum ground floor square footage of two-story Dwelling (exclusive of porches, terraces, and garages): One thousand, two hundred (1,200) square feet. 11. Fifty (50) percent of the Lots shall require a dwelling which includes a side-load garage. A minimum of five (5) of the Lots along the east perimeter of the Real Estate south of the street connection to Tallyns Ridge shall include a side-load garage. B. Area B Lots (applicable to each Dwelling Lot): 1. Minimum Lot Area: Four Thousand, Five Hundred (4,500) square feet. 2. Minimum Lot Width at Building Line: Forty-two (42) feet. 3. Minimum Lot Width at Right of Way: Thirty (30) feet. 4. Minimum Front Yard Setback: Twenty (20) feet. 5. Minimum Side Yard Setback: Five (5) feet applied to the building. Version L 020421 8 6. Minimum Rear Yard Setback: Twenty (20) feet. 7. Maximum Lot Coverage: Seventy (70) percent. 8. Maximum Building Height: Thirty-five (35) feet. 9. Minimum square footage per Dwelling (exclusive of porches, terraces, and garages): One thousand, three-hundred and fifty (1,350) square feet. Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Albany Village Ordinance. Section 4.4 Applicable signage requirements are contained in Section 7 of this Albany Village Ordinance. Section 4.5 Applicable additional requirements and standards are contained in Section 8 of this Albany Village Ordinance. Section 4.6 Architectural Standards: A. The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit C (Architectural Character Imagery – Single Family Dwellings) and Exhibit D (Architectural Character Imagery – Two-family Dwellings). B. Dwelling Architecture: 1. All Single Family Dwellings shall be constructed in compliance with the architectural standards included within Exhibit E (Architectural Standards – Single Family Dwellings). 2. All Two-family Dwellings shall be constructed in compliance with the architectural standards included within Exhibit F (Architectural Standards – Two-family Dwellings). Section 4.7 Lot Lighting: All Dwellings shall have (i) light fixtures flanking the garage doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights at the front door of the Dwelling. Version L 020421 9 Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way) shall be provided at the subdivision street intersection with Shelborne Road and at internal street intersections and shall be reviewed by the City. Section 4.9 Parking: A. Four (4) spaces per Dwelling are required. B. Parking Spaces (i) within driveways including tandem spaces adjacent to garages, (ii) within garages, and (iii) on-street parking shall count toward required parking. C. Driveways designed to permit parking shall be a minimum of twenty (20) feet in length as measured from the street right of way and vehicles shall not be parked in a location that encroaches onto a sidewalk or alley. D. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers. Asphalt driveways shall not be permitted. Section 5. Common Area Requirements. Common Area shall be in the areas generally identified on the Concept Plan. Section 5.1 A minimum of eight and seven-tenths (8.7) acres (approximately twenty- five (25) percent), of the District, shall be allocated to Common Area. Section 5.2 Common area shall be provided as generally depicted on the Concept Plan. Section 5.2 Fountains shall be provided in the locations as generally depicted on the Concept Plan. Section 6. Landscaping Requirements. Landscaping shall comply with the following standards: Section 6.1. General Landscaping Standards. Landscaping shall be integrated with, and complement other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, and fencing. A. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices (BMPs) published by the City’s Urban Forestry Program. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and Version L 020421 10 compatibility with site construction features shall be addressed. The City’s planting details shall be required on the landscape plan. All trees shall be selected from the City’s recommended tree list published by the City’s Urban Forestry Program or otherwise approved by the Urban Forester. B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall be a minimum of 6 feet in height when planted. Shrubs shall be at least 18 inches in height when planted. Ornamental grasses must obtain a mature height of at least 3 feet. C. All landscaping approved as part of a Primary Plat shall be installed prior to issuance of the first Certificate of Occupancy for a dwelling in the area of the Real Estate subject to a Secondary Plat; provided, however, that when because of weather conditions, it is not possible to install the approved landscaping before the issuance of a Certificate of Occupancy, the Controlling Developer shall request a temporary Certificate Of Occupancy which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. D. All landscaping is subject to Primary Plat approval. No landscaping which has been approved by the Urban Forester with the Primary Plat may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Urban Forester in order to conform to specific site conditions. E. It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area exists per the requirements of this Albany Village Ordinance, to ensure proper maintenance of landscaping in accordance with the Albany Village Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming, planting, maintenance contracting and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Section 6.2. Areas to be landscaped. A. Perimeter Landscaping. 1. A minimum twenty-five (25) foot wide perimeter landscaping area shall be provided along the 146th Street and Shelborne Road perimeter of the Real Estate. Character imagery is included in Exhibit G (Perimeter Planting Imagery). 2. Eight (8) shade or evergreen trees, two (2) ornamental trees, and ten (10) shrubs (per 100 linear feet) shall be provided within the Version L 020421 11 perimeter landscaping area along the 146th Street and Shelborne Road perimeter of the Real Estate. A minimum of five (5) of the trees (per 100 linear feet) required along Shelborne Road shall be evergreen trees of a spruce variety. 3. A minimum ten (10) foot tree preservation easement shall be provided along the east and south perimeter of the Real Estate as illustrated on the Concept Plan. 4. No perimeter buffering internal to the Real Estate shall be required between individual parcels within the Albany Village District. B. Street Trees. 1. Large growing shade trees shall be planted within public street right-of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of fifty (50) feet on center and are not required to be evenly spaced, unless this spacing cannot be attained due to the location of driveways, proposed utilities, or other obstructions as defined below in Section 6.2.B.2. 2. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City’s Urban Forester in mediating an alternative. C. Foundation and Lot Planting Standards. The following planting requirements apply to all Dwellings: 1. Single Family Dwellings: a. All lots shall be required to plant two (2) shade trees in the front yard. Corner lots shall install two (2) shade trees per side facing a street. b. All lots shall have a minimum of eighteen (18) shrubs and /or ornamental grasses along the Dwelling foundation with a minimum of twelve (12) facing the street. Corner lots shall install a minimum of thirty (30) shrubs and/or ornamental grasses along the dwelling foundation with a minimum of twelve (12) shrubs or grasses per side facing a street. Version L 020421 12 c. All lots shall be required to plant one (1) shade tree or one (1) ornamental tree in the rear yard or adjacent common area where interior lots are separated by common area. d. In addition to Section 6.2,C.1.c above each lot adjacent to the east perimeter of the Real Estate (Tallyns Ridge) shall be required to plant two (2) Evergreen Trees and one (1) Shade Tree resulting in a total of four (4) trees in the rear yards in addition to the preservation of the existing tree line within a Tree Preservation Area along the shared property line. 2. Two-family Dwellings: a. Lots shall be required to plant a minimum of: one (1) Shade Tree in the front yard, and one (1) Ornamental Tree in the front or side yard. b. Foundation Shrubs: Eight (8) Shrubs on each Dwelling Lot shall be required. A minimum of four (4) shrubs shall be located in the Front Yard. c. Each Dwelling on a Corner Lot shall have one (1) additional tree (either shade or ornamental) in either Front Yards. d. The area between the driveways of a two-family dwelling shall be grass. e. Eight (8) shrubs shall be installed in alternating front yards to create a hedge in the front yard of adjacent two-family dwellings. The shrubs shall be setback a minimum of five (5) feet from the Street right-of-way. f. A mixture of three (3) additional Shade or Ornamental Trees shall be required along the rear of each yard of each two-family dwelling to help define the adjacent Common Areas. These trees may be installed on the subject Lot or in the adjacent Common Area as generally illustrated on the Concept Plan. 3. Foundation and Lot plantings shall be installed by the builder at the time a Dwelling is constructed on the Lot(s). D. Storm Water Retention Ponds. The primary landscaping materials used adjacent to ponds shall be native aquatic shoreline species, trees, shrubs, ground covers, and ornamental grasses appropriately sited for a natural rather than engineered appearance utilizing primarily native plants. A Version L 020421 13 sedge meadow mixture will be established within the first 5 feet of the permanent pool around the entire perimeter the pond. This vegetation will detract geese by providing a natural cover for common predators and will also act as a filter buffer between the pond and individual lots. E. Common Areas: 1. The primary landscaping materials used within common areas including the pipeline easement as illustrated on the Concept Plan shall be native wildflower plantings. These plantings are in addition to Storm Water Retention Pond and Perimeter Landscaping. 2. Smaller common areas along the pipeline easement and subdivision entrance shall be planted with additional trees and shrubs as generally illustrated on the Concept Plan including, but not limited to, areas adjacent to benches, bike racks, and paths. 3. The Common Area Inspection Standards of Section 7.20(D) of the UDO shall apply. Section 7. Signage Requirements. All signage on the Real Estate shall comply with the UDO as amended. Section 8. Additional Requirements and Standards. Section 8.1. Home Occupations. Home Occupations shall meet the requirements of the UDO as amended. Section 8.2. Right-of-way widths. A. The required right-of-way for the 146th Street frontage road shall be the existing right-of-way. B. The half right-of-way width for Shelborne Road shall be forty-five (45) feet. C. The configuration of vehicular access into the Real Estate shall be provided as illustrated on the Concept Plan. No vehicular access shall be permitted from the 146th Street frontage road. Section 8.3. Sidewalks and Pedestrian Amenities: A. A five (5) foot wide sidewalk shall be required (i) along both sides of all internal streets, and (ii) connecting the cul-de-sac with the crosswalk located along the 146th Street frontage road as depicted on the Concept Plan. Version L 020421 14 B. A ten (10) foot path shall be required (i) along Shelborne Road and (ii) connecting the crosswalk along the frontage road to the path within the frontage road right-of-way adjacent to Tallyns Ridge. C. A minimum six (6) foot width internal pedestrian path shall be required along the pipeline easement. This path may meander along the easement subject to the approval of the easement holder. D. Internal paths as shown on the Concept Plan may be asphalt or crushed limestone subject to approval by the Alternative Transportation Coordinator. E. The existing multi-use path along the south side of 146th Street shall be connected to the internal path network via a striped crosswalk at the northeast corner of the Real Estate as illustrated on the Concept Plan. F. The internal path network is proposed to be connected to the future park site on the west side of Shelborne Road via a crosswalk as generally illustrated on the Concept Plan. Design and construction of this crosswalk shall be subject to a mutually agreed upon park impact fee agreement between the Controlling Developer and Carmel Clay Parks. G. Internal pedestrian paths and sidewalks shall be as generally illustrated on the Concept Plan and provide connectivity between Albany Place to the south and Tallyns Ridge to the east of the Real Estate. All internal pedestrian paths shall be located in pedestrian access easements open to use by the general public. In the event the path connecting into Albany Place can’t be attached to the Path in Albany Place the path shall be extended east, along the south perimeter of the Real Estate, to the sidewalk as the street connection with Albany Place. H. A minimum of six (6) benches and one (1) bicycle parking area shall be provided in the locations as generally illustrated on the Concept Plan. Section 8.4. Road Improvement Requirements. Development of the Real Estate shall meet all applicable Thoroughfare Plan related improvement requirements as identified in and required under the UDO unless otherwise provided for in this Albany Village Ordinance for only the street connections to the Albany Place Subdivision and Tallyns Ridge Subdivision as shown on the Concept Plan. Section 8.5. Declaration of Covenants and Owners Association. Declarations of Covenants, if any, may be prepared by the Controlling Developer in its discretion and recorded with the Recorder of Hamilton County, Indiana. The Declaration(s) of Covenants may establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of all Buildings. Section 8.6. Lot Maintenance for two-family Dwelling Lots: Version L 020421 15 A. All lots including two-family dwellings shall be subject to a required landscape maintenance program including mulching, edging, fertilization, mowing, weeding of beds, and fall clean up. B. All lots including two-family dwellings shall be subject to a required snow removal program. Section 9. Procedural Provisions. Section 9.1. Primary Plat. A. Primary Plat (“PP”) approval shall be required prior to the issuance of an Improvement Location Permit to determine if the PP satisfies the Development Requirements specified within only this Albany Village Ordinance. B. The Real Estate shall be developed in substantial compliance with the Concept Plan hereby incorporated and attached as Exhibit B subject to Primary Plat approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO. C. If there is a Substantial Alteration in any approved PP, 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 shall be approved by the Director. Section 9.2. Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of a Secondary Plat that is in substantial conformance with the Primary Plat and is in conformance with the Development Requirements of this Albany Village Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Plan Commission. Section 9.3. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to the requirements of the UDO. A wavier of the provisions of this Albany Village Ordinance may be granted up to a maximum of thirty-five (35) percent of the specified standard. Section 9.4. Variance of Development Requirements. The BZA may authorize Variances from the terms of the Albany Village Ordinance, subject to the procedures prescribed in the UDO. Section 10. Controlling Developer’s Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or Version L 020421 16 approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement Location Permits for any site improvements within the Real Estate; B. Sign permits for any Signs within the Real Estate; C. Improvement Location Permits for any Dwellings within the Real Estate; D. Primary Plat or Secondary Plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Albany Village Ordinance. Section 11. Violations and Enforcement. All violations and enforcement of this Albany Village Ordinance shall be subject to the requirements of the UDO. Section 12. Exhibits. All of the Exhibits (A-G) on the following pages are attached to this Albany Village Ordinance, are incorporated by reference into this Albany Village Ordinance and are part of this Albany Village Ordinance. Exhibit “A” – Page 1 of 2 Exhibit “A” (Legal Description) A part of the Northwest Quarter of the Northwest Quarter of Section 20, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, being a part of the William Lamb property described in Instrument Number 2018037539 in the Recorders Office of Hamilton County, Indian and being described as follows: Beginning at the Northeast corner of a tract of real estate conveyed to Hamilton County, Indiana, as described in Instrument Number 2018037540, said point being along the North line of said Quarter section, North 89 degrees 36 minutes 02 seconds East, 513.36 feet, from the Northwest corner of said Northwest Quarter, marked by a Harrison monument; thence continue along said North line, North 89 degrees 36 minutes 02 seconds East 811.71 feet to the Northeast corner of said Quarter-Quarter section, also being the Northwest corner of Tallyn’s Ridge subdivision as per plat thereof recorded in Instrument Number 2016048354; thence along the west line of said subdivision and east line of said quarter-quarter, South 00 degrees 04 minutes 02 seconds West, 1314.83 feet to a capped rebar at the Southeast corner of said quarter-quarter (said point also being the Southwest corner of said Tallyn’s Ridge and the Northeast corner of Albany Place Section 2 as per plat thereof recorded as Instrument Number 2018050330 in said Recorders office); thence along the South line of said quarter-quarter section(and north line of said Albany Place Section 2 and the North line of Haskell property described in Instrument Number 9427730), South 89 degrees 36 minutes 47 seconds West, 1325.57 feet to a point on the West line of said Northwest Quarter; Also being Southwest corner of said quarter-quarter section thence along said West line, North 00 degrees, 05 minutes 20 seconds East, 789.55 feet to the Southwest corner of said Hamilton County property; thence along the Eastern boundary thereof the following nine (9) courses: 1) South 89 degrees 53 minutes 48 seconds East, 10.87 feet, 2) North 68 degrees 36 minutes 20 seconds East, 67.78 feet to a point of curvature of a non-tangent curve to the left, having a radius of 205.00 feet and subtended by a long chord having a bearing of North 69 degrees 33 minutes 03 seconds East, 155.69 feet; 3) thence along said curve an arc distance of 159.70 feet; 4) North 33 degrees 39 minutes 10 seconds East, 65.23 feet to a point of curvature of a curve to the left having a radius of 200.00 feet and subtended by a long chord having a bearing of North 14 degrees 27 minutes 47 seconds East, 98.72 feet; 5) thence along said curve an arc distance of 99.75 feet; 6) North 00 degrees 10 minutes 32 seconds East, 144.07 feet to a point of a tangent curve to the right, having a radius of 110.00 feet and subtended by a long chord of North 44 degrees 53 minutes 18 seconds East, 154.78 feet, 7) thence along said curve an arc distance of 171.68 feet; 8) North 89 degrees 31 minutes 43 seconds East, 124.14 feet; 9) North 00 degrees 23 minutes 13 seconds West, 44.84 feet to the Point of Beginning, containing 36.649 acres more or less. Exhibit “A” – Page 2 of 2 Exhibit “A” (Legal Description) Exhibit “B” Page 1 of 1 Exhibit “B” (Concept Plan) Exhibit “C” Page 1 of 3 Exhibit “C” (Architectural Character Imagery – Single Family Dwellings) Exhibit “C” Page 2 of 3 Exhibit “C” (Architectural Character Imagery – Single Family Dwellings) Exhibit “C” Page 3 of 3 Exhibit “C” (Architectural Character Imagery – Single Family Dwellings) Exhibit “D” Page 1 of 6 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 2 of 6 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 3 of 6 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 4 of 6 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 5 of 6 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “D” – Page 6 of 6 Exhibit “D” (Architectural Character Imagery – Two-family Dwellings) Exhibit “E” Page 1 of 4 Exhibit “E” (Architectural Standards – Single Family Dwellings) The standards set forth below in this Exhibit E Architectural Standards – Single Family Dwellings apply to all Single Family Dwellings on the Real Estate. Section 1. Dwelling Design: A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted siding materials subject to the following provisions: 1. A brick or stone masonry wainscot (a minimum of 2’0” from the top of the exposed foundation) shall be provided, at a minimum, on all elevations. In general, the masonry wainscot will extend to the level of the bottom of the first floor windows. 2. Brick or stone masonry shall be provided, at a minimum, on fifty (50) percent of the front elevation. A maximum of fifteen (15) homes may provide less brick or stone masonry on the front elevation provided the home still complies with Section 1.A.1 above which requires a minimum brick or stone masonry wainscot on all elevations. For the purposes of administering this requirement the front façade shall be the elevation including the front door of the Dwelling. 3. Cementitious Board shall not be permitted in the required wainscot area. 4. EIFS, Vinyl and aluminum siding shall be prohibited. 5. The same materials shall be used on the front and side of the dwelling. All materials shall not be required to be used but shall comply with the standards above in this Section 1.A. B. Building Scale and Massing: Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished by including, but not limited to, any of the following features: 1. Variations in height and depth, 2. Windows and door openings, 3. Changes in roof line or height, 4. Details and trim appropriate to the style and mass of the building, 5. Use of different materials, textures, and material placement, 6. Placement of landscaping materials and street furniture, Exhibit “E” Page 2 of 4 7. Balconies, recessed entries, and covered porches, and 8. Bays and towers. C. Required Window Openings: 1. Minimum Number: a. A minimum of two (2) windows per façade (elevation) per floor shall be provided. b. A minimum of three (3) windows per side façade facing a street or common area shall be provided for corner lots and lots where the side yard is adjacent to a common area. c. In order to meet this requirement, each individual window, or set of contiguous windows, must be a minimum of nine (9) square feet. A door on the side of a Dwelling may substitute for one (1) window on the same side of the Dwelling. 2. Habitable rooms, such as bedrooms and living rooms, shall have operable windows with screens to take advantage of natural cross-ventilation. 3. All windows shall be fully framed including a sill and cornice frame unless the window is surrounded by Masonry material. 4. Shutters, where provided, shall be duly functional with all necessary hardware or shall be provided with adequate hardware to make them appear functional. 5. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted metal. D. Garage Type: 1. All garages shall be attached to the Dwelling. 2. All garages shall be designed as an integral part of the architecture of the dwelling, with regards to materials, trim, and detail. 3. Garage doors shall have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware). E. Chimneys: Brick or stone masonry, only and extended fully to ground provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board and/or synthetic stucco as their exterior building material. Direct Exhibit “E” Page 3 of 4 vent gas fireplaces are not required to have chimneys, but if they do, they cannot be shed style or cantilevered chimneys. F. Porches and Entryways: 1. Twenty (20) percent of all dwellings in Area A will include a front porch. 2. Porches shall be a minimum of five (5) feet deep. 3. Porches and/or entryways shall be delineated by elements such as pilasters, sidelights, columns, railings, etc. G. Roofline: 1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12 (horizontal units). Secondary roofs (e.g. porches, bays, garages, dormers) may have a lower pitch. 2. The Primary Roof shall have at least an eleven inch (11”) overhang after installation of siding or an eight inch (8”) overhang after installation of brick or stone masonry. This measurement shall not include gutters. 4. All Dwellings’ roofs shall include architectural-grade dimensional shingles, however, cedar shake roofing or slate like roofing shall be a permitted alternative. Three-tab shingles are not permitted. 5. 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. Section 2. Fences: Fences are permitted on individual Lots and shall not be chain-link, coated chain-link or wood. Fences and/or walls shall not be permitted in the twenty-foot buffer along 146th Street or Shelborne Road without Administrative ADLS approval which may be granted for a Subdivision Entry Sign. Section 3. Lot Lighting: All Single Family Dwellings shall have light fixtures flanking the garage door and equipped with a photo cell so the light is on from dusk to dawn. (continued on next page) Exhibit “E” Page 4 of 4 Section 4. Monotony Mitigation: A. Front Façades: The same Building elevation shall not be constructed for two (2) lots on each side of the subject lot on the same side of the street and for three (3) lots across the street from the subject lot as illustrated in the below diagram. B. Exterior Siding Color: No two side by side homes on contiguous lots or the lot across the street from the subject lot shall have the same exterior color on the primary structure of the home. C. Exterior Masonry Color: No two side by side homes on contiguous lots shall have the same masonry color. Exhibit “F” Page 1 of 3 Exhibit “F” (Architectural Standards – Two-family Dwellings) The standards set forth below in this Exhibit F Architectural Standards – Two-family Dwellings apply to all Two-family Dwellings on the Real Estate. Section 1. Dwelling Design: A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted siding materials. Vinyl shutters, aluminum facia, aluminum soffits, aluminum downspouts/gutters shall be permitted. 1. A brick or stone masonry wainscot (a minimum of 2’0” from the top of the exposed foundation) shall be provided, at a minimum, on all elevations. In general, the masonry wainscot will extend to the level of the bottom of the first floor windows. B. Minimum Overhang: The primary/main roof overhang or eaves shall be a minimum of eleven (11) inches on all facades of each Building, as measured prior to the installation of any Masonry Materials. C. Garages: 1. All Dwellings shall have a minimum two (2) car attached garage. 2. The front of the garages on a minimum of seventy-five (75) percent of the attached dwellings shall be offset from one another by a minimum of eight (8) feet. 3. In order to vary the appearance of garage doors and create street curb appeal, garage door designs shall include a mix and variety of design elements. A minimum of two (2) basic garage door styles (with windows, without windows, and mixed) matching the door style shall be utilized and a variety of color packages will be utilized. Garage door colors shall match or compliment either the siding or trim color of the Dwelling. 4. All garage doors shall have trim of not less than six-inch (6”) nominal width. D. Roof Pitch: The minimum primary/main roof pitch shall be 6:12. Other secondary accent roof planes shall not be less than 5:12. E. Front Building Façade Requirements: At a minimum, each Dwelling shall utilize the following architectural elements on the Front Building Façade: Exhibit “F” Page 2 of 3 1. The exterior Building Materials shall consist of Masonry Material and two (2) of the following materials: composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding. 2. All windows shall have either (i) shutters with trim board sill and cornice or (i) a nominal four-inch (4”) trim board on all sides. 3. A minimum of two (2) six-inch (6”) offsets or one (1) four-foot (4’) offset which is a minimum height equivalent to one-story (exclusive of windows, doors, garages, and other openings). 4. The roof design shall consist of at least one (1) of the following features: hip roof, dormer, Dutch hip, jerkinhead, shed roof accent, cornice returns, multiple gables, or two (2) or more roof planes. 5. The primary/main roof plane between the individual attached units shall be offset. F. Side Building Façade Requirements: At a minimum, the side elevation for each Dwelling shall utilize the following architectural elements: 1. The exterior Building Materials (composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the side elevations as generally illustrated in Exhibit D to coordinate the gable treatments on the side elevation with the front elevation. 2. A minimum of two (2) windows shall apply to each exterior side elevation. In the case of a finished second level / half level one (1) additional window shall be required on the subject side elevation. 3. All windows shall have a minimum four-inch (4”) nominal width trim. G. Rear Building Façade Requirements: At a minimum, the Rear Building Façade for each Dwelling shall utilize the following architectural elements: 1. The exterior Building Materials (composite trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the rear elevation of the Dwelling as generally illustrated in Exhibit D. Application of this standard shall coordinate added gables and/or dormers as generally illustrated with materials which coordinate with the front elevation detailing. 2. All dwellings shall include an integrated/covered or extended/covered patio area. Exhibit “F” Page 3 of 3 3. A minimum of three (3) windows and a patio door shall apply to each Dwelling. 4. All windows shall have a minimum four inches (4”) nominal width trim. H. Windows: All windows which include shutters, where provided, shall be duly functional with all necessary hardware or shall be provided with adequate hardware to make them appear functional. I. Lot Lighting: All Two-family Dwellings shall have light fixtures flanking the garage door and equipped with a photo cell so the light is on from dusk to dawn. Section 2. Monotony Mitigation: A. No two side by side Two-family Dwelling buildings on contiguous Lots on the same side of the street or the Lot most directly across the street shall have the same elevation or exterior color package. B. Both units of a two-family dwelling shall have the same color siding and masonry color but each unit shall require a different front elevation architectural design. C. Masonry color shall be varied and a minimum of three (3) masonry colors shall be used. D. An exterior color package shall be established for the dwellings, an example of which is provide on Page 5 of 6 of Exhibit D, which may vary from the example. Exhibit “G” Page 1 of 1 Exhibit “G” (Perimeter Planting Character Imagery) PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Laura D. Campbell, President Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Adam Aasen ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________ 2020, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032. Albany Village PUD L 020421.doc