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HomeMy WebLinkAboutPUD Ordinance_SignedUS.128902198.01 1 Sponsor: Councilor Rider 1 ORDINANCE NO. Z-656-20 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE 3 CITY OF CARMEL, INDIANA, 4 ESTABLISHING THE COURTYARDS OF CARMEL 5 PLANNED UNIT DEVELOPMENT DISTRICT 6 Synopsis: 7 Ordinance establishes The Courtyards of Carmel Planned Unit Development District 8 Ordinance, Ordinance Number Z-656-20 which shall be referred to as The Courtyards of 9 Carmel PUD Ordinance Number Z-656-20 (the “PUD Ordinance”). 10 WHEREAS, the Carmel Unified Development Ordinance, Ordinance Z-625-17, as 11 amended (the “Unified Development Ordinance”), provides for the establishment of a Planned 12 Unit Development District in accordance with the requirements of IC § 36-7-4-1500 et. seq.; 13 WHEREAS, Epcon Carmel, LLC, an Indiana limited liability company (“Epcon”), 14 submitted an application to the Carmel/Clay Plan Commission (the “Plan Commission”) to adopt 15 a PUD District Ordinance for certain real estate located in the City of Carmel, Hamilton County, 16 Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); 17 WHEREAS, Epcon’s application is consistent with the provisions of the Unified 18 Development Ordinance and the PUD Statute; 19 WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and 20 the Unified Development Ordinance, the Plan Commission conducted a public hearing concerning 21 Epcon’s application for a PUD District Ordinance and the establishment of The Courtyards of 22 Carmel Planned Unit Development District (the “PUD District”) on May 19, 2020 at 6:00 p.m.; 23 WHEREAS, the Plan Commission certified the proposed PUD Ordinance to the Common 24 Council under docket number PZ-2020-00028 PUD with a favorable recommendation. 25 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 26 Indiana (the “Council”), that pursuant to IC 36-7-4-1500 et. seq., (i) it adopts this PUD District as 27 an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any 28 provision of this PUD Ordinance and its exhibits are hereby inapplicable to the use and 29 development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real 30 Estate shall be null and void and replaced and superseded by this PUD Ordinance, and (iv) this 31 PUD Ordinance shall be in full force and effect from and after its passage and signing. 32 Section 1. Applicability of Ordinance. 33 Section 1.1. The Official Zoning Map of the City of Carmel, Indiana, a part of 34 the Unified Development Ordinance, is hereby changed to designate the Real Estate 35 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 2 as a Planned Unit Development District to be known as The Courtyards of Carmel 36 PUD District. 37 Section 1.2. Development in the PUD District shall be governed entirely by (i) the 38 provisions of this PUD Ordinance and its exhibits, (ii) those provisions of the 39 Unified Development Ordinance specifically referenced in this PUD Ordinance, 40 and (iii) any standards not mentioned in this PUD Ordinance shall be governed by 41 the Unified Development Ordinance. In the event of a conflict between the PUD 42 Ordinance and the Unified Development Ordinance, then the provisions of this 43 PUD Ordinance shall apply. 44 Section 1.3. The standards of the Unified Development Ordinance applicable to 45 the R3 District shall apply to the Historic Home, defined below. The standards of 46 the Unified Development Ordinance applicable to the R3 District shall apply to the 47 remainder of this PUD District, except as modified, revised, or expressly made 48 inapplicable by this PUD Ordinance. 49 Section 2. Definitions and Rules of Construction. 50 Section 2.1. General Rules of Construction. The following general rules of 51 construction and definitions shall apply to this PUD Ordinance: 52 A. The singular number includes the plural and the plural the singular, 53 unless the context clearly indicates the contrary. 54 B. Any capitalized term not defined herein shall have the meaning as 55 set forth in the Unified Development Ordinance in effect on the date 56 of the enactment of this PUD Ordinance. 57 C. Words used in the present tense include the past and future tenses, 58 and the future the present. 59 D. The word “shall” indicates a mandatory requirement, while the 60 word “may” indicates a permissive requirement. 61 Section 2.2. Definitions. Capitalized terms used in this PUD Ordinance shall 62 have the following definitions: 63 Age-Restricted Requirement: A community operated as an age-restricted 64 community in compliance with all applicable state and federal laws, including 42 65 U.S.C. § 3607. 66 Accessory Structure: A structure which is subordinate to a Building located on the 67 Real Estate. 68 Accessory Use: A use subordinate to the main use, located on the Real Estate or in 69 the same Dwelling as the main use, and incidental to the main use. 70 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 3 Alley: A public way or easement located within the interior of blocks and providing 71 vehicular and service access to the side or rear of properties. 72 Architectural Form: The Architectural Form is comprised of the elevations and 73 renderings attached hereto as Exhibit C and are intended to generally and 74 conceptually illustrate an application of the Development Requirements. 75 Architectural Form is general and not intended to delineate the only final Dwelling 76 designs that may be built. Dwellings shall comply with the Architectural Standards. 77 Architectural Standards: The Architectural Standards incorporated in Section 10 78 of this PUD Ordinance. 79 Building: Any structure used or intended for supporting or sheltering any use or 80 occupancy. 81 Building Envelope: The buildable area of a lot of record that is free and clear of 82 setback and easement encumbrances. A Building Envelope is the area where 83 primary and accessory structures can be built. A Building Envelope is not the actual 84 footprint of proposed structures, but rather the area in which they can be located 85 upon the lot. 86 Building Height: The vertical distance from the lot ground level to the highest point 87 of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height 88 between the eaves and ridges for gable, hip, and gambrel roofs. 89 BZA: The Carmel Board of Zoning Appeals. 90 City: The City of Carmel, Indiana. 91 Commission: The Carmel Plan Commission. 92 Concept Plan: The Concept Plan attached hereto and incorporated herein by 93 reference as Exhibit B (“Concept Plan”) is the plan under which the Real Estate 94 may be developed. 95 Controlling Developer: Shall mean Epcon. Such rights as designated herein may 96 be transferred by the Controlling Developer, in its sole discretion, in whole or in 97 part. To transfer all or any portion of its rights as Controlling Developer, Epcon 98 may (i) name each individual owner of parcels within the Real Estate as 99 Controlling Developer solely with respect to such parcels owned by each such 100 individual owner, (ii) establish a committee of individual owners of the Real Estate 101 within the Real Estate to act as Controlling Developer with respect to such parcels 102 owned by all such owners, or (iii) use either method described in (i) and (ii) above 103 with respect to different portions of the Real Estate. 104 Council: The City Council of the City of Carmel, Indiana. 105 County: Hamilton County, Indiana. 106 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 4 Declaration of Covenants: A Declaration of Covenants, Conditions and 107 Restrictions for the Real Estate, or any portion thereof, which shall be recorded in 108 the office of the Recorder of Hamilton County, Indiana, and which may, from time 109 to time, be amended. 110 Department: The Department of Community Services of the City of Carmel, 111 Indiana. 112 Detached Dwelling: A dwelling that is developed with no party-walls, but not 113 including manufactured homes, mobile homes, modular homes, or 114 recreational/motor vehicles. 115 Developer: A person engaged in development of one or more phases of the 116 Development. 117 Development: The Real Estate developed in accordance with the Development 118 Requirements. 119 Development Requirements: Written development standards and any requirements 120 specified in this PUD Ordinance, which must be satisfied in connection with the 121 approval of a Primary Plat and building permits. 122 Director: The Director, or Administrator, of the Department of Community 123 Services for the City of Carmel, Indiana. “Director” and “Administrator” shall 124 include his/her authorized representatives. 125 Dwelling: A structure intended for occupancy by a single family. 126 Gross Residential Density: The number of Dwellings divided by and in relation to 127 the total, gross number of acres within the Real Estate. 128 Historic Home: The existing single-family structure on the Property that shall be 129 incorporated into a two (2) +/- acre parcel and platted as part of the PUD District. 130 Landscape Plan: The general design for landscaping in the PUD District shall be 131 included as part of the final engineered Landscape Plan that will be submitted with 132 the Primary Plat. 133 Landscaping: Trees, shrubs, hedges, flowers, ground cover, grasses, other plant 134 materials, and associated structures, hardscapes, and improvements. 135 Masonry: Brick, stone, manufactured or synthetic stone or brick, limestone, natural 136 stone, and cultured stone. 137 Material Alteration: Any change to an approved plan of any type that involves the 138 substitution of one material, species, element, etc. for another. 139 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 5 Minor Alteration: Any change to an approved plan of any type that involves the 140 revision of less than ten percent (10%) of the plan’s total area or approved materials 141 and cannot include a decrease in the minimum open space or amenities, or the 142 elimination of required plantings. 143 Open Space: Open space shall comprise a parcel or parcels of land, an area of water, 144 or a combination of land and water, including streams, wetlands, and associated 145 natural features located within the Real Estate and designated by the Controlling 146 Developer for the use and enjoyment of some or all of the residents of the 147 Development and, where designated by the Controlling Developer, for the use and 148 enjoyment of the community at large. Except as otherwise provided herein, common 149 open space does not include any area which is divided into building lots, streets or 150 rights-of-way. 151 Parking Space: An area unenclosed or enclosed in a Building or in an Accessory 152 Building utilized for the temporary storage of one automobile and connected with a 153 street. 154 Path: A paved or otherwise cleared way intended as a walking, jogging, or a 155 bikeway and located in Open Space, an easement, or a right-of-way. Path locations 156 shall be as depicted in Exhibit D. 157 Real Estate: That certain real estate located in the City, Hamilton County, Indiana 158 as legally described on Exhibit A attached hereto. 159 Right-of-Way: An area of land permanently dedicated to provide access. 160 Siding: Exterior material for use in cladding buildings, structures, and accessories 161 of such. Siding may be engineered fiber cement (e.g., HardiePlank) or engineered 162 wood (e.g., LP SmartSide) designed and installed in horizontal “lap”, shake or 163 board and batten styles. 164 Sign: Any type of sign as further defined and regulated by this PUD Ordinance and 165 the Unified Development Ordinance. Any structure, fixture, placard, 166 announcement, declaration, device, demonstration, or insignia used for direction, 167 information, identification or to advertise or promote any business, product, goods, 168 activity, services or any interests. 169 Substantial Alteration: Any change to an approved plan of any type that involves 170 the revision of ten percent (10%) or more of the plan’s total area or approved 171 materials. 172 Unified Development Ordinance: The Unified Development Ordinance, Ordinance 173 Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. 174 Zone Map: The City’s official Zone Map corresponding the Unified Development 175 Ordinance. 176 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 6 Section 3. Permitted Primary Uses. 177 Section 3.1. Single Family Detached. Detached Dwellings shall be permitted, 178 subject to the applicable Development Requirements. Detached Dwellings shall 179 comply with the Age-Restricted Requirement. Recreational developments or 180 facilities owned and operated by the Controlling Developer, including clubhouses, 181 parks, pools, ball courts, and other recreational spaces and recreational buildings 182 shall be permitted. 183 Section 3.2. Open Space and Park Areas. The following uses are permitted in 184 the Open Space, or parts thereof as depicted on the Open Space and 185 Pedestrian Connectivity Plan (Exhibit D), subject to the applicable 186 Development Requirements: 187 A. Preserved and enhanced natural features including, without 188 limitation, ponds, streams, wetlands, forests, vegetation, passive 189 open space, and limited active open space including trails and paths 190 (both paved and unpaved). The Developer may engage in the 191 removal of dead or diseased trees, thinning of trees or other 192 vegetation to encourage more desirable growth, and grading and 193 seeding. 194 B. Not less than thirty (30) percent of the Real Estate shall be allocated 195 to and shall remain in Open Space in perpetuity (17.2 acres). The 196 Historic Home shall not be included as part of the Real Estate or 197 the Open Space as part of this calculation. 198 C. Recreational developments or facilities owned and operated by the 199 Controlling Developer, including clubhouses, parks, pools, ball 200 courts, and other recreational spaces and recreational buildings as 201 depicted on the Amenity Plan (Exhibit E). The development’s 202 amenities shall be substantially similar in quality and character to 203 the Amenity Plan, subject to the City’s approval. 204 D. Field including open active lawn, gathering structure, formal and 205 naturalized gardens, historic information / cultural monumentation. 206 E. Historic Home may be used as a historic home and surrounding 207 property as open space. 208 Section 4. Permitted Accessory Structures and Uses. 209 Section 4.1. Accessory Structures and Uses. All Accessory Structures and 210 Accessory Uses Allowed under the Unified Development Ordinance shall be 211 permitted except that any detached Accessory Structure shall have on all sides the 212 same architectural features or shall be architecturally compatible in terms of design, 213 materials, and color with the principal building(s) with which it is associated. No 214 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 7 accessory structures shall be permitted on single family lots. A temporary sales 215 trailer shall be permitted, and a sales office in the clubhouse shall be permitted. 216 Section 5. Communication Equipment. 217 Section 5.1. Cell towers shall not be permitted. Home satellite dishes shall be 218 permitted. 219 Section 6. Platting. 220 Section 6.1. The platting of the Real Estate into smaller tracts shall be permitted, 221 so long as the proposed plat complies with the area requirements set forth below in 222 Section 7, and the creation of a new property line within the Real Estate, shall not 223 impose or establish new development standards beyond those specified below in 224 Section 7 for the entirety of the Real Estate. However, the development of any 225 parcel shall conform to all applicable Primary Plats and building permit reviews 226 which are approved or amended per the terms and all other applicable requirements 227 contained in this PUD Ordinance. 228 Section 7. Development Standards. 229 Section 7.1. General Standards. 230 A. The Gross Residential Density for the entirety of the Real Estate 231 shall not exceed one hundred forty-nine (149) Dwellings in addition 232 to the Historic Home. 233 B. A Dwelling may be utilized as a staffed model home, including 234 temporary sales office, or a temporary construction facility, during 235 the course of build-out of the Development, subject to the parking 236 and signage requirements of the Unified Development Ordinance. 237 A Certificate of Occupancy shall be required before the model is 238 placed in service as a Dwelling. 239 C. Fences or walls shall be permitted as follows: 240 i) On non-corner lots, fencing shall not be located within the 241 Front Yard Setback. Fencing with gate(s) may be located behind the 242 Setback, within the side and rear yards to enclose courtyards. These 243 fences may be ornamental metal or vinyl and shall not exceed six 244 (6) feet in height. Fence panel height shall be inclusive of all 245 decorative items or features of fence (including lattice) Additional 246 landscaping may be planted between the fence and the front, side or 247 rear Setbacks. 248 ii) On corner lots, fencing shall not be located within the Front 249 Yard Setback. Fencing with gate(s) may be located behind the 250 Setbacks, within the side and rear yards to enclose courtyards. These 251 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 8 fences may be ornamental metal and shall not exceed forty-eight 252 (48) inches in height. Fence height shall be inclusive of all 253 decorative items or features of fence. Additional landscaping may 254 be planted between the fence and the front, side or rear Setbacks but 255 shall not restrict site visibility. 256 iii) Walls shall not be permitted in Front Yard Setbacks unless 257 they are low retaining walls, eighteen (18) inches or less, which may 258 be required to facilitate grading on the lot. 259 D. All lots shall be required to have frontage on a public street. 260 Section 7.2. Height, Area and Square Footage Requirements. 261 A. Minimum lot/parcel area: 262 i) Front and Side Loading Lots: Six thousand (6,000) square 263 feet; 264 ii) Rear Loading Lots: Four thousand (4,000) square feet. 265 B. Minimum lot/parcel frontage on street (public or private) or 266 common area: 267 i) All Lot types: Thirty-five (35) feet. 268 C. Minimum front yard setback lines (corner lots shall have two front 269 yards and one side yard): 270 i) All homes: ten (10) feet 271 D. Minimum side yard setback lines: 272 i) All Lot types: Three (3) feet; 273 ii) A minimum distance of eight (8) feet between Detached 274 Dwellings is required; and 275 iii) A minimum distance of eight (8) feet between Accessory 276 Structures is required. 277 E. Minimum rear yard setback lines: 278 i) Front and side loading lots: Twenty (20) feet; and 279 ii) Rear loading lots: Twenty (20) feet from right-of-way or 280 edge of private alley. 281 F. Minimum lot width at building line: 282 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 9 i) Perimeter lots along north and east property lines: Sixty 283 (60) feet. 284 ii) Other perimeter lots and interior lots: Fifty-two (52) feet. 285 G. Maximum building height: 286 i) All Lot types: Thirty-five (35) feet. 287 H. Maximum lot coverage: 288 i) All Lot types: 70 (seventy) percent. 289 I. Building Envelope. 290 i) Lot Building Envelopes shall be defined by the setbacks 291 listed herein. 292 J. Easements and Setbacks. 293 i) Buildings shall not be permitted to encroach into easements 294 and/or setbacks. Any such encroachment would require a 295 variance from this standard granted by the Carmel Board of 296 Zoning Appeals. Fences, landscaping, hardscapes, 297 fountains, trellises and similar features may be installed in 298 the side and rear yard setbacks. 299 Section 8. Concept Plan. 300 Section 8.1. Exhibit B depicts the Concept Plan. The Real Estate shall be 301 developed in accordance with the Concept Plan. The Concept Plan reflects the 302 commitment of the maximum density and not the specific building types or number 303 of buildings. The maximum density of the development shall be one hundred and 304 forty-nine (149) single family detached Dwellings in addition to the Historic Home. 305 Section 9. Streets and Paths. 306 Section 9.1. All streets (including Alleys) within the PUD District are to be 307 dedicated for public use and accepted for maintenance by the City of Carmel and 308 shall be constructed to the standards of the Unified Development Ordinance for 309 Street and Alley design as applicable at the time of the ordinance for depth and 310 materials. Widths and improvements within the rights-of-way for public streets 311 within the PUD District shall be as depicted and described by this ordinance and 312 there shall be a minimum of a five (5) foot sidewalk installed on both sides of a 313 street. Utilities may be located within Alleys. All streets and right-of-ways shall 314 be dedicated in accordance to those widths prescribed in Transportation Plan of the 315 Carmel Comprehensive Plan in effect at the date of the approval of this ordinance. 316 Notwithstanding the foregoing, in order to create a more intimate age-restricted 317 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 10 neighborhood: (i) the Street rights-of-way shall be 52’ with twelve (12) foot travel 318 lanes as depicted on Exhibit F; (ii) these rights-of-ways shall taper to match 319 existing rights-of-way where connecting to adjacent public streets; and (iii) Alley 320 rights-of-ways shall be 20’ with eight (8) foot travel lanes as depicted on Exhibit 321 F. 322 Section 9.2. Connections. The connections shown on the Concept Plan will be 323 built by the Controlling Developer. 324 Section 9.3. Multi-use Paths. A ten (10) foot multi-use path running parallel to 325 Keystone Parkway is depicted on the Open Space and Pedestrian Connectivity Plan 326 at Exhibit D (the “Path”). Developer shall construct the Path from 136th Street to 327 the northwest corner of the Real Estate. The Developer shall work in good faith 328 with the City to acquire an easement for the construction of the Path through 329 privately-owned property enabling the connection to the Hagan-Burke Trail. The 330 portion of the path outside the limits of the Real Estate shall only be constructed if 331 an easement is obtained from the property owners and a waiver of park impact fees 332 is approved by the appropriate governing bodies. Developer also shall construct 333 six (6) foot multi-use paths as depicted on the Open Space and Pedestrian 334 Connectivity Plan at Exhibit D. 335 Section 9.4. Access to Amenity Area. A minimum five-foot (5’) sidewalk shall 336 be provided from the public sidewalk to access various uses (clubhouse, parking 337 lot, pool, sport courts) within the amenities area. 338 Section 9.5. Entrance of 136th Street. Developer shall construct the most 339 appropriate design for ingress/egress in the development as prescribed by the city 340 engineer and as depicted on the Entrance Plan at Exhibit H. 341 Section 9.6. Walkways. If the front yard grade does not require a step, then a 342 minimum five foot (5’) concrete walkway shall be provided directly from the front 343 of the dwelling to the public sidewalk. If the front yard grade requires a step, then 344 a minimum five foot (5’) concrete walkway shall be provided directly from the 345 front of the dwelling to the dwelling’s driveway. 346 Section 10. Architectural Standards. 347 Section 10.1. General Appearance Statement: The homes proposed in this 348 community will serve a very specific market, which demands efficiently designed 349 homes with components that serve the particular needs of an age targeted 350 community. Homes shall be one story ranch and one- and one-half story homes 351 incorporating dormers and other design elements to provide visual interest. All 352 homes shall include standard features such as standard interior lever-style door 353 hardware and zero-grade entry at the front entrance door and at the garage door 354 entry into the home, as well as an extensive array of universal design options 355 including wider doorways, wider corridors where needed, lower countertops, 356 adjusted switch/control/receptacle heights, grab bars, reduced-slip vinyl flooring, 357 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 11 low-pile carpeted flooring, roll-in/no-curb showers, built-in shower seats, lower 358 closet shelving, and lower peep holes in the front door. 359 360 Home designs are intended to use elements of traditional American architectural 361 themes and shall be designed in accordance with the general architectural character 362 of the homes which are depicted in the architectural elevations and/or renderings, 363 attached hereto as Exhibit C. 364 365 Section 10.2 Architectural Standards: 366 A. Building materials: Residential primary and accessory structures 367 shall be comprised of any mix and combination of the following 368 materials: brick, cast stone, stone, cultured stone, cement 369 fiberboard, engineered wood siding (e.g., LP SmartSide), siding, 370 glass, wood or vinyl soffits, and vinyl windows and/or equivalent or 371 superior quality thereof for all the foregoing, except that vinyl siding 372 shall not be permitted. 373 374 B. Four-Sided Architecture: Four-sided architecture shall be required 375 on all homes, meaning that there shall be a consistent use of 376 materials and design elements on all sides of the structure. The term 377 “four-sided architecture” shall mean: 378 379 i) At a minimum all residential structures shall include 380 masonry on the front façade. This masonry on the homes 381 shall vary in style and amount to provide diversity of design 382 and texture along the street. This masonry shall also extend 383 a minimum of four (4) feet from the front façade along both 384 sides of the structure. Full masonry front facades are 385 discouraged since they make the home look heavy and 386 monotonous. 387 388 ii) Horizontal lap siding, shake siding and vertical board-and-389 batten siding may be used on the balance of the front façade 390 and shall also extend a minimum of four (4) feet from the 391 front façade along both sides of the structure. 392 393 iii) The side and rear elevations of each home may use 394 horizontal lap siding and vertical board-and-batten siding; 395 however, the courtyard side of the homes shall only use 396 horizontal lap siding. 397 398 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 12 iv) Side facades that face an adjacent home’s courtyard shall 399 include a minimum of two transom windows and 5 400 foundation shrubs. 401 402 v) Rear facades on perimeter lots shall include: (a) a masonry 403 water table up to the bottom of the lowest window on the 404 façade; and (b) a minimum of one or two windows as 405 deemed appropriate based upon the façade’s massing 406 (together, (a) and (b) are the “Façade Enhancements”). 407 408 vi) Side facades on corner lots where the side façade is visible 409 from the public right-of-way shall include either: (a) a 410 courtyard; or (b) the Façade Enhancements. The yard 411 adjacent to this side façade shall include a minimum of one 412 tree (shade, ornamental or evergreen) and five shrubs. 413 414 vii) All rear facades shall include at least one nominal 3’x5’ 415 window. 416 C. Roofs: 417 i) All roofs shall be required to have architectural dimensional 418 shingles. 419 ii) The minimum roof slope for any main roof element shall be 420 8/12 pitch. 421 iii) All roofs shall have a nominal one (1) foot overhang. 422 iv) Roofs shall provide a variety of traditional architectural 423 design elements including dormers on some homes. 424 D. Porches: 425 i) All homes shall be required to have a front porch. 426 ii) Homes with front-loading garages shall have a porch with a 427 minimum depth of six (6) feet and a minimum square 428 footage of eighty-five (85) square feet. 429 iii) Homes with rear-loading garages shall have a porch with a 430 minimum depth of six (6) feet and a minimum square 431 footage of thirty-nine (39) square feet. 432 E. Garages: 433 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 13 i) Garages shall not be constructed forward of the front 434 elevation or front porch of the home and shall be setback a 435 minimum of ten (10) feet from the front porch on homes with 436 front-loading garages. 437 ii) All garage doors shall have decorative designs and options 438 for window panels. Garage doors shall be of a color and style 439 that is consistent with the architecture of the home. The 440 exterior color palates for each home shall be selected and 441 designed in a manner which de-emphasizes the location and 442 placement of the garage door. 443 iii) Each garage shall include at least two (2) dusk to dawn coach 444 lights. 445 F. Windows: Windows shall have exterior trim on all four sides of 446 each window. The minimum width of these trim boards shall be 447 four (4) inches wide. 448 G. Driveways: The appearance of driveways shall be consistent 449 throughout the neighborhood. Driveways shall be concrete. The 450 driveway may extend up to one (1) foot to the outside of both sides 451 of the garage. 452 Section 10.3. Typical Building images, rendering and elevations. Attached 453 hereto and incorporated herein by reference as Exhibit C are typical images, 454 renderings and elevations, depicting the character of Single Family Detached 455 Dwellings, to be constructed upon the Real Estate. 456 The Developer proposes eight (8) different one-story floorplans to be built in this 457 community. Three (3) elevations are proposed for each of the one-story floorplans, 458 plus an optional bonus suite for each home is offered that converts the home to a 1.5 459 story home. The bonus suite provides an additional two (2) elevations per home. 460 By having five (5) elevations per home, there will be forty (40) distinctive elevations 461 that can be offered in this community. In addition to the forty (40) elevation 462 offerings, buyers can select from one of the eight (8) color palettes that provide 463 harmonious, coordinated, color selections for the neighborhood. A minimum of two 464 (2) stone colors and one (1) brick color shall be included within the color palettes. 465 No two (2) adjacent homes shall have the same color palette. 466 Section 10.4. Residential Architectural Diversity (AD) Standards. Neighborhoods 467 shall promote streetscape diversity through varied elevations and or colors. Homes 468 shall comply substantially with the varied elevations and colors shown on the 469 Illustrative Streetscape, attached hereto as Exhibit G. The same Building elevation 470 with the same color shall not be constructed for one (1) lot on each side of the subject 471 lot on the same side of the street and for three (3) lots across the street from the 472 subject lot. (Please refer to the illustration below.) The same Building elevation 473 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 14 shall not be constructed on a lot within two (2) lots of the subject lot on the same 474 side of the street or on the lot across the street from the subject lot. 475 476 Section 11. Landscaping and Open Space Requirements. 477 Section 11.1. Landscape Plans. The Landscape Plan shall be included with the 478 Primary Plat. A full landscape plan shall be submitted with a Primary Plat, 479 Secondary Plat, or building permit. The Landscape Plan shall include, at a 480 minimum, the following: 481 A. Location and spacing of existing and proposed plant material; 482 B. Types of plant material identified by botanical and common names; 483 C. Size of material, in diameter and height, at installation and maturity; 484 D. Quantity of each of the planting materials to be installed; and 485 E. Methods of protecting landscaped areas. 486 Section 11.2. Landscaping Standards. Landscaping installed pursuant to this PUD 487 Ordinance and the City’s planting standards and best management practices shall be 488 integrated with other functional and ornamental site design elements, where 489 appropriate, such as landscape materials, paths, sidewalks, or any water features. 490 Adequate soil volumes for mature growth shall be considered and supplied for each 491 plant material that is installed. 492 A. Plant Materials. Landscaping materials shall be appropriate to local 493 growing and climate conditions and shall meet the requirements of 494 the ANSI Z60.1 Standards. Plant health and suitability, 495 maintenance, and compatibility with site construction features are 496 critical factors that shall be considered. Plantings should be 497 designed with diversity, structured patterns, and complementary 498 textures and colors, and should reinforce the overall character of the 499 area. 500 i) Shade trees shall be at least two and a half inches (2.5”) in 501 caliper diameter when planted; 502 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 15 ii) Ornamental trees shall be at least one and a half inch (1.5”) 503 in caliper diameter when planted; 504 iii) Evergreen trees shall be at least six feet (6’) in height when 505 planted; 506 iv) Shrubs shall be at least eighteen inches (18”) in height when 507 planted; 508 v) Ornamental grasses must obtain a mature height of at least 509 twelve (12) inches. 510 vi) Artificial turf may be used at the amenity area in limited 511 areas such as sport courts, (bocci, putting green, etc.) and 512 around the pool deck. It may also be used in the fenced 513 courtyard areas of the homes. 514 B. Subject to the approval of the Urban Forester, existing vegetation 515 may be used to achieve required landscaping if (i) it is of suitable 516 quality, size and state of health to achieve required landscaping, and 517 (ii) the method of preservation utilizes best management practices 518 for tree protection during construction. Any preservation of existing 519 vegetation shall constitute an in-kind credit against the landscaping 520 requirements of this PUD Ordinance. 521 C. All landscaping approved as part of a Secondary Plat shall not be 522 substantially altered, eliminated or sacrificed without first obtaining 523 further Plan Commission approval. However, minor material 524 alterations in landscaping may be approved by the Urban Forester 525 or his or her designee in order to conform to specific site conditions. 526 D. It shall be the responsibility of the owners and their agents to ensure 527 proper maintenance of project landscaping and pond areas approved 528 in accordance with this PUD Ordinance. This may include, but is 529 not limited to, irrigation and mulching of planting areas, replacing 530 dead, diseased, or overgrown plantings with identical varieties or a 531 suitable substitute, and keeping the area free of refuse, debris, rank 532 vegetation and weeds. 533 E. Street Trees. Shade trees shall be planted along all streets (but not 534 Alleys) within the right-of-way, parallel to the street and installed 535 per City standards. This standard includes, but may not be limited 536 to, streets and medians to be built. One shade tree shall be installed 537 for every thirty to fifty feet (30’-50’) of ROW length. Street trees 538 are not required to be uniformly spaced. As per City standards, no 539 street trees shall be planted in conflict with drainage or utility 540 easements or structures, underground detention (unless so designed 541 for that purpose), or within traffic vision safety clearances. Species 542 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 16 shall be chosen from the City’s published list of recommended street 543 trees. Tree lawns shall be a minimum of six (6) feet in width. 544 Subject to City approval, two (2) evergreen trees shall be planted in 545 each of the locations identified on Exhibit J. 546 F. Courtyard Landscaping: 547 (i) Where courtyards side to open space or are located along the 548 street on a corner lot, additional landscaping shall be provided. 549 (ii) All side courtyards shall be landscaped. 550 G. Additional Landscaping for Perimeter Lots. All rear yards of 551 perimeter lots shall include the following, subject to approval of a 552 certified arborist (for plantings in the rear yard not in an easement) 553 or the City (for plantings in an easement): 554 a. A combination of shade and evergreen trees; 555 b. Shrubs and ornamental grasses adjacent to the privacy fence 556 enclosing the courtyard of each home; and 557 c. Shrubs screening the AC unit. 558 Subject to the foregoing, the perimeter rear yard landscaping shall 559 comply substantially with the quality and character of the plantings 560 shown on the Rear Yard Landscape Exhibit, attached hereto as 561 Exhibit I. 562 No two (2) adjacent lots shall have the same rear yard landscaping 563 package. 564 In addition, during the site plan review process, the Developer shall 565 work with the City’s urban forester, engineering department and 566 planning department to maintain trees in the 40’ buffer area (that are 567 outside the 20’ Tree Preservation Areas) where possible given 568 drainage, engineering, grading and utility needs. 569 Section 11.3. Best efforts shall be made to incorporate natural vegetation into the 570 storm water management plans. Subdivision stormwater management basins 571 adjacent to Keystone Parkway shall incorporate native landscape materials along the 572 basin’s perimeter adjacent to Keystone Parkway’s right-of-way. 573 Section 11.4. Conflict with Utilities. Notwithstanding anything herein to the 574 contrary, no tree shall be planted in conflict with drainage or utility easements or 575 structures, underground detention (unless so designed for that purpose), or other 576 rules, regulations or ordinances of the City. However, where the logical location 577 of proposed utilities would compromise the desired effect, the Controlling 578 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 17 Developer may solicit the aid of the City’s Urban Forester in mediating an 579 alternative. 580 Section 11.5. Bufferyards. 581 A. Perimeter: A perimeter bufferyard shall be installed along the 582 boundaries of the PUD District. The bufferyard will be of type, size, 583 and content based upon the below requirements. Existing vegetation 584 may be applied towards perimeter bufferyards with approval of 585 Urban Forester. Drainage improvements shall be permitted within 586 the perimeter bufferyards. 587 i) East Perimeter: 588 Width: Forty (40) feet; 589 Contents: 5 shade Trees, 1 ornamental tree, 20 shrubs per 590 100 linear feet. 591 ii) North Perimeter: 592 Width: Forty (40) feet; 593 Contents: 5 shade trees, 1 ornamental tree. 20 shrubs per 594 100 linear feet. 595 iii) West Perimeter Adjacent to Existing Single Family: 596 Width: Forty (40) feet; 597 Contents: 5 shade trees, 1 ornamental tree, 20 shrubs per 598 100 linear feet. 599 iv) Southwestern Perimeter along Keystone Parkway: 600 Width: Thirty (30) foot Greenbelt bufferyard; 601 Contents: 6 shade trees, 2 ornamental trees, 15 shrubs per 602 100 linear feet; existing trees may count toward the total 603 requirement. 604 B. Internal Bufferyards: There shall be no internal Real Estate 605 bufferyard requirements. Uses will be master planned to be 606 complimentary in style and orientation, as such bufferyards between 607 different residential uses and intensities shall not be required. 608 Section 11.6. Foundation Plantings. 609 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 18 A. Landscaping shall be installed along each Dwelling’s front façade 610 and the first four (4) feet of a side façade adjacent to the front facade. 611 The primary landscape materials used shall be ornamental trees, 612 shrubs, perennial flowers, and ornamental grasses. No two (2) 613 adjacent lots shall have the same foundation planting package. 614 Section 11.7. Parking Lot Plantings. 615 A. Parking lot perimeters shall be landscaped to be screened from view 616 from all adjacent public rights of way. A minimum width for the 617 planting area for the parking lot perimeter plantings shall be six (6) 618 feet. 619 B. Parking lots containing more than 10 adjacent spaces shall require a 620 minimum of one (1) shade tree and twenty (20) shrubs to be planted 621 for every ten (10) parking spaces provided. Plantings shall be 622 located in proximity to these parking spaces to provide screening 623 and shade. 624 Section 11.8. Tree Preservation. Tree Preservation Areas shall be regulated and 625 well maintained in accordance with the following; however, the Tree Preservations 626 Areas shall be subject to the rights of all utility and drainage easements therein. 627 Plans shall be provided with the Primary Plat. The Tree Preservation Areas shall be 628 along the perimeter of the Real Estate and shall be twenty (20) feet in width, at 629 minimum. After final engineering approval, the Tree Preservation Areas shall be 630 extended within the forty (40) foot perimeter bufferyard to include those areas not 631 needed for drainage, grading, and/or utilities. Tree Preservation areas shall be 632 provided in the areas identified on the Concept Plan within Exhibit B. 633 A. The following best management practices may be implemented with 634 respect to Tree Preservation Areas: 635 i) Removal of exotic and invasive species (e.g. bush 636 honeysuckle) where appropriate, including the use of 637 professionals to apply herbicides or identify and remove 638 such invasive species; 639 ii) Removal of dead, hazardous and at-risk trees; 640 iii) Removal of vines growing on and up a tree; 641 iv) Removal of an overabundance of fallen and cut trees; 642 v) Planting of native trees; 643 vi) Establishment of access easements, unpaved trails, utility 644 and drainage improvements; 645 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 19 vii) Complete maintenance activities by following industry 646 standard using the current American Safety Institute 647 (ANSI) Z-133 and A300 approved practices and methods. 648 B. The following activities shall be permitted within Tree Preservation 649 Areas: 650 i) Planting of native trees, pursuant to the Indiana Native Tree 651 List provided by the City’s Urban Forester; 652 ii) Removal of hazardous, exotic and invasive vegetation 653 pursuant to the Indiana Exotic and Invasive Plant List 654 provided by the City’s Urban Forester; 655 iii) Removal of trees directed to be removed by municipal, 656 county, state or federal agencies or departments or by a 657 public utility; 658 iv) Installation of access easements, rights-of-way, streets, 659 paths, trails, sidewalks, utilities and drainage improvements 660 and minor pedestrian area improvements (e.g. benches, 661 trash receptacles, creek overlook areas); 662 v) Community or common areas; provided any such use shall 663 be designed to avoid unnecessary impact or damage to Tree 664 Preservation Areas. 665 C. The following activities shall be prohibited within Tree Preservation 666 Areas: 667 i) Removal of native vegetation; 668 ii) Mowing and clearing any portion of a Tree Preservation 669 Area; 670 iii) Dumping of leaves and debris from outside locations into 671 the Tree Preservation Area; 672 iv) Seeding; including grass seed, prairie mix seed, sod and the 673 planting of any type of garden unless approved by the City’s 674 Urban Forester; 675 v) The construction of pools, sheds, garages, decks, fences, 676 playground equipment, tree houses, fire pits and other 677 permanent or semi-permanent structures unless approved 678 by the Carmel BZA; 679 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 20 vi) Recreational activities that adversely impact the health, 680 structure and integrity of a tree preservation area, including, 681 playground equipment, basketball or tennis courts and 682 pools. 683 D. The following shall be required for all Tree Preservation Areas: 684 i) Signs identifying the Tree Preservation Area shall be posted 685 every five hundred (500) feet around the perimeter of all 686 Tree Preservation Areas; 687 ii) Tree protection barriers shall be utilized during site 688 development and earth moving activities, which shall be 689 specified on landscape plans. Such barriers shall remain in 690 place during the site’s construction activity, including 691 landscaping. The City of Carmel tree preservation detail 692 shall be used, and fence locations shall be shown on the 693 landscape plan. 694 iii) A local certified arborist shall be engaged to serve as a 695 consultant throughout the development of the project with 696 the objective of preserving trees within the twenty-foot Tree 697 Preservation Areas adjacent to the neighboring residences 698 to the east and north of the Real Estate. The arborist shall 699 visit the Real Estate prior to development activity and shall 700 provide suggestions for tree preservation within these areas. 701 As development progresses, the arborist will revisit the site 702 approximately every 60 days to continue monitoring 703 progress and consulting with the preservation efforts until 704 all adjacent homes are completed. 705 iv) In addition, the Developer shall consult with the City’s 706 Urban Forester to: (i) identify any gaps of greater than 20’ 707 in the Tree Preservation Area (a “Gap Area”); (ii) select 708 deciduous and/or evergreen trees from the City’s 709 Recommended Tree List, as appropriate, to supplement any 710 Gap Areas (the “Supplemental Trees”); and (iii) plant the 711 Supplemental Trees at a rate and in locations within the Gap 712 Areas to best insure the health of the existing trees and the 713 Supplemental Trees. The Supplemental Trees shall be 714 planted by the first planting season following construction 715 of the home adjacent to the Gap Area. 716 Section 11.9. Open Space. 717 A. An Open Space Plan shall be submitted noting the location and 718 percentage of the site with distinctions of designed and natural areas 719 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 21 including tree preservation areas. Open Space shall be depicted on 720 the plans submitted with the Primary Plat, and as detailed in Section 721 3 of this Ordinance. A minimum of Thirty Percent (30%) of Open 722 Space shall be preserved. The Historic Home shall not be included 723 as part of the Real Estate or the Open Space as part of this 724 calculation. 725 B. The Developer may make common sense improvements such as the 726 cutting of trails as depicted on the Concept Plan/Primary Plat, the 727 provision of picnic areas, removal of dead or diseased trees, thinning 728 of trees or other vegetation to encourage more desirable growth, and 729 grading and seeding. 730 C. Recreational buildings, structures, and improvements (for example, 731 pools, clubhouses, picnic structures, pet parks, picnic area, 732 community garden, bocce ball area, ball fields, tennis courts, and 733 playground equipment) may be constructed in conjunction with all 734 use areas including Open Space areas. 735 D. Storm water quality/quantity treatment may be constructed in the 736 open space. 737 F. Open Space shall be landscaped as in a park setting and shall require 738 a minimum of eight (8) shade trees shall be planted for every acre 739 of open space. 740 Section 12. Lighting. 741 Section 12.1. Single Family Detached Residential Lighting. Front porch, stoop, 742 and or attached entry lights shall be provided on all Detached Dwellings. 743 Section 12.2. Street lighting, located in the street right-of-way, shall be illustrated 744 on the Primary Plat, shall be provided by Controlling Developer, shall be confined 745 to the intersections of public streets (not required for public streets intersecting with 746 lanes/alleys), shall meet all other applicable City standards and be reviewed by the 747 City. 748 Section 12.3. Only security lighting as deemed necessary by the Developer or City 749 shall be permitted within the Park/Open Space Areas. 750 Section 12.4. Lighting in and around active open space and parking lots shall be 751 designed and maintained so that it is reduced to the minimum amount reasonably 752 required for security purposes. 753 Section 12.5. No lighting that has been approved by the Plan Commission may 754 later be substantially altered or eliminated without first obtaining further approval 755 from the Plan Commission or a committee thereof. However, Minor Material 756 Alterations of lighting may be approved by the Director or the Director’s designee. 757 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 22 Section 12.6. Exterior lighting of the Buildings shall be located so that (i) there is 758 zero (0) light directed off the site and (ii) the light source is shielded from direct 759 offsite viewing. 760 Section 12.7. All exterior ground-mounted architectural, display and decorative 761 lighting shall be generated from concealed, low level fixtures. 762 Section 12.8. Light fixtures in parking areas shall not be mounted so that the light 763 source exceeds eighteen feet (18) feet in height. 764 Section 12.9. All pole-mounted and wall mounted fixtures shall have 90-degree 765 cut off and/or flat lenses. Building accent lighting shall be exempt from this 766 provision but shall be designed so that light is fully directed at the building façade. 767 Section 13. Signs. 768 Section 13.1. Single Family Detached Residential Area Signs. 769 A. All signs shall meet the requirements of the Unified Development 770 Ordinance, unless described herein. 771 B. Typical signs shall be as depicted on plans submitted with the 772 Primary Plat in terms of location, character, and construction. 773 C. Development Entry Signs. There shall be one Development Entry 774 Sign permitted for the entry into the Real Estate on 136th Street. 775 Development Entry Signs shall be ground mounted, with copy area 776 (including logos) no greater than six (6) feet from grade, and no 777 more than fifty (50) square feet. Architectural and structural 778 elements shall be exempt from height and square footage 779 requirements. Overall sign structure shall not be greater than 10 feet 780 in height from grade. 781 D. Neighborhood/Block Signage. Neighborhood/Block Signage shall 782 be permitted to designate internal neighborhoods, blocks, or 783 residential clusters. These signs shall be ground mounted, with a 784 maximum height of six (6) feet from grade, and no more than three 785 (3) square feet. These signs shall be placed on one or two sides of 786 street intersections. Plans submitted with the Primary Plat will 787 depict character and detail of these types of signs. 788 Section 13.2 Open Space and Park Area Signs. 789 A. Pedestrian and bicycle wayfinding signage, as well as historical 790 story boards and plaques may be incorporated throughout the Real 791 Estate. This signage shall be of a permanent type construction and 792 design and may include development logos and insignias. This 793 signage shall not be regulated for content — but will be designed for 794 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 23 slow moving readability, and pedestrian oriented scale. These signs 795 shall be ground mounted, with a maximum height of six (6) feet 796 from grade, and no more than twelve (12) square feet. These signs 797 shall be exempt from permit fees. 798 B. Typical wayfinding signs could be as depicted on plans that shall be 799 submitted with the Primary Plat in terms of location, character, and 800 construction. 801 C. Typical historic signs could be as depicted on plans that shall be 802 submitted with the Primary Plat in terms of location, character, and 803 construction. 804 Section 14. Parking. 805 Section 14.1. Automobile Parking. Except as provided herein this Section the 806 requirements set forth in the Unified Development Ordinance shall apply in 807 determining the standards applicable to parking spaces. Parking spaces shall be 808 provided in the following manner: 809 A. Single Family uses shall have a minimum of two (2) garage parking 810 spaces per dwelling. Space sizes shall be a minimum of eight (8) 811 feet wide and twenty (20) feet deep. 812 B. Single Family uses shall have a minimum of two (2) driveway 813 parking spaces per dwelling. Space sizes shall be a minimum of 814 eight (8) feet wide and twenty (20) feet deep. 815 C. The clubhouse amenity area shall provide a minimum of twenty-one 816 (21) off street parking spaces. 817 D. Off street parking areas shall be interconnected by internal driveway 818 and coordinated to accommodate pedestrian access. 819 E. Lane/Alley Parking is prohibited. All parking within lane/alley 820 rights-of-way shall be prohibited. 821 Section 15. Bicycle Parking . 822 A minimum of four (4) bicycle parking spaces shall be provided at the clubhouse. 823 Section 16. Historic Home. 824 The following shall apply to the Historic Home: 825 A. The Developer commits to working with the Carmel Historic 826 Preservation Commission and the Indiana Landmarks Foundation 827 (“Landmarks”) on a plan to preserve and rehabilitate the Historic 828 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 24 Home. Landmarks has advised the Developer that it plans to: (i) 829 first market the Historic Home for sale to a purchaser, subject to 830 certain rehabilitation requirements and preservation and 831 maintenance covenants and restrictions; and, if no purchaser is 832 located, then (ii) Landmarks will undertake the rehabilitation itself 833 and then market the home for sale, subject to the preservation and 834 maintenance covenants and restrictions. 835 B. On or before the recording of the first secondary plat for the Real 836 Estate, the Developer shall offer to donate the Historic Home to 837 Landmarks with deed restrictions. 838 Section 17. Homeowners Association and Declaration of Covenants. 839 Section 16.1. Declaration of Covenants and Homeowners Association. A 840 Declaration of Covenants (“CCR’s”) shall be prepared by the Controlling 841 Developer in its discretion which shall also contain various provisions regarding 842 the Real Estate, including provisions for an initiation fee, a budget requirement to 843 fund general reserves, the use of the Real Estate, and improvement approval 844 requirements after initial construction, and shall meet the requirements of the UDO. 845 The CCR’s will also provide for the establishment of a Homeowners Association in 846 which membership shall be mandatory. The Controlling Developer shall record the 847 CCR’s with the Recorder of Hamilton County, Indiana. At the discretion of the 848 Developer, individual Associations may be established within each district, each 849 required to be a member of the overall Master Association. There may be multiple 850 Declarations of Covenants and Associations. A Declaration of Covenants and 851 Homeowners Association shall be submitted with each applicable Primary Plat for 852 this development. 853 Section 18. Development Procedure. 854 Section 17.1. Approval of the Primary Plat and Secondary Plat. The required 855 Primary Plat and Secondary Plat shall follow the adopted process by the 856 Commission as prescribed in the City of Carmel Unified Development Ordinance. 857 Therefore, a Primary Plat and Secondary Plat (whichever is applicable and governing 858 per City of Carmel Unified Development Ordinance) approval shall be required prior 859 to issuance of an Improvement Location Permits for this PUD Ordinance. 860 Section 17.2. Modification of Development Requirements (Zoning Waiver). The 861 Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the 862 dimensional standards by less than ten (10) percent of the specified standard. 863 Modification of the Development Requirements requested by the Developer may 864 be approved by a hearing examiner or committee designated by the Commission, 865 after a public hearing held in accordance with the Commission’s Rules of 866 Procedure. However, any decision of a hearing examiner or committee which 867 approves or denies any requested modification may be appealed by the Director or 868 any interested party (including the Developer) to the Commission, also in 869 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 25 accordance with the Commission’s Rules of Procedure. Any approval of such 870 waiver is subject to the following criteria: 871 A. The proposal shall be in harmony with the purposes and land use 872 requirements contained in this PUD Ordinance. 873 B. The proposal shall complement the overall Primary Plat and 874 Secondary Plat and the adjoining streetscapes and neighborhoods. 875 C. The proposal shall not produce a site plan or street/circulation 876 system that would be impractical or detract from the appearance of 877 this PUD District and must not adversely affect emergency access 878 in the area. 879 D. If the Commission (acting through its hearing examiner or 880 committee) determines that the proposed modification will not have 881 an adverse impact on development in this PUD District, it shall grant 882 a modification of the Development Requirements. In granting 883 modifications, the Commission may impose such conditions as will, 884 in its reasonable judgment, secure the objectives and purposes of 885 this PUD Ordinance. 886 Section 17.3. Variances of Development Requirements. The BZA may authorize 887 Variances from the terms of this PUD Ordinance, subject to the procedure 888 prescribed in the Unified Development Ordinance. 889 Section 19. Violations and Enforcement. 890 All violations and enforcement of this PUD Ordinance shall be subject to the 891 Unified Development Ordinance. 892 Section 20. Exhibits. 893 894 All the Exhibits on the following pages are attached to this PUD Ordinance, are 895 incorporated by reference into this PUD Ordinance and are part of this PUD 896 Ordinance. 897 898 C:\Users\sdhardin\AppData\Local\Temp\tempmail.docx 899 900 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 26 EXHIBIT A 901 OVERALL SURVEYED LAND DESCRIPTION 902 Part of the South Half of Section 19, Township 18 North, Range 4 East of the Second Principal 903 Meridian in Hamilton County, Indiana, being that 59.43 acre tract of land shown on the plat of an 904 ALTA/NSPS Land Title Survey – Boundary Retracement Survey of said tract certified by Tania 905 M. Cree, PS #LS20400014 on March 12, 2020, as Schneider Geomatics Project Number 12064 906 (all references to monuments and courses herein are as shown on said plat of survey) described as 907 follows: 908 COMMENCING at Harrison monument at the southeast corner of the Southeast Quarter of said 909 Section 19, Township 18 North, Range 4 East; thence South 89 degrees 50 minutes 17 seconds 910 West (basis of bearing per Indiana State Plane Coordinates – East Zone) along the south line of 911 said Quarter Section a distance of 1345.65 feet to the southerly extension of the west line of 912 Smokey Hollow, as per plat thereof recorded in Plat Book 13, Page 130, as Instrument #8706433, 913 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 05 minutes 914 56 seconds West along said line a distance of 129.44 feet to a 5/8" rebar with yellow cap stamped 915 "SCHNEIDER FIRM #0001" set (hereafter referred to as "rebar set") on the north right-of-way 916 line of East 136th Street as described in Instrument #2011042266 in said Recorder's Office, and 917 the POINT OF BEGINNING; thence North 72 degrees 58 minutes 47 seconds West along said 918 right-of-way line a distance of 156.13 feet to a "rebar set"; thence North 47 degrees 59 minutes 25 919 seconds West continuing along said north right-of-way line a distance of 235.09 feet to a "rebar 920 set" on the east right-of-way line of Keystone Parkway (US 431) as established per Indiana State 921 Highway S-Project No. 165(14) R/W plans dated 8/15/60, the following 6 courses being along 922 said east right-of-way line of Keystone Parkway; (1) thence North 29 degrees 04 minutes 01 923 seconds West a distance of 99.83 feet to a "rebar set"; (2) thence North 37 degrees 13 minutes 48 924 seconds West a distance of 312.65 feet to a "rebar set" at a point on a non-tangent curve having a 925 radius of 3,974.72 feet, the radius point of which bears South 52 degrees 21 minutes 06 West; (3) 926 thence northwesterly along said curve an arc distance of 424.66 feet to a "rebar set" lying 0.7 feet 927 north and 1.6 feet west of a 4"x 4" concrete right-of-way marker, said rebar lies North 46 degrees 928 13 minutes 48 seconds East from said radius point; (4) thence North 45 degrees 15 minutes 47 929 seconds West a distance of 191.97 feet to a point lying 1.6 feet north and 0.6 feet east of a concrete 930 right-of-way marker; (5) thence North 43 degrees 46 minutes 14 seconds West a distance of 900.00 931 feet to a "rebar set", said point lying 1.1 feet north and 1.2 feet west of a concrete right-of-way 932 marker; (6) thence North 41 degrees 30 minutes 32 seconds West a distance of 125.91 feet to a 933 point lying 1.8 feet northwest of a broken concrete right-of-way marker, said point lying on the 934 southeasterly line of Yorktown Woods, as per plat thereof recorded in Plat Cabinet 4, Slide 48, as 935 Instrument #200600017282, in said Recorder's Office; thence North 65 degrees 52 minutes 06 936 seconds East along said line a distance of 369.36 feet to the southeast corner of Yorktown Woods, 937 said point lying 0.1 feet north of a 5/8" rebar with yellow cap stamped "WEIHE ENGR" found; 938 thence North 00 degrees 01 minutes 49 seconds West along the east line of said Yorktown Woods 939 a distance of 623.38 feet to a stone found on the north line of the Southwest Quarter of said Section 940 19; thence North 89 degrees 28 minutes 28 seconds East along said line a distance of 29.49 feet to 941 a stone which lies 0.4 feet west of a 5/8" rebar with yellow cap stamped "SCHNEIDER FIRM 942 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 27 #0001", said point also being at the southwest corner of Foster Estates, Section 8, as per plat thereof 943 recorded in Plat Cabinet 2, Slide 190, as Instrument #9864442, in said Recorder's Office; thence 944 North 89 degrees 45 minutes 50 seconds East along the north line of said Quarter Section a distance 945 of 1310.67 feet to the northwest corner of Smokey Ridge – Section Four, as per plat thereof 946 recorded in Plat Cabinet 1, Slide 54, as Instrument #8921931, said point lying 0.4 feet east of a 947 5/8" rebar with yellow cap stamped "MILLER SURVEYING" found flush with the surface, thence 948 South 00 degrees 05 minutes 17 seconds East along the west line of said Smokey Ridge – Section 949 Four, Smokey Ridge – Section Three, as per plat thereof recorded in Plat Book 15, Pages 10-13, 950 as Instrument #8748155, and Smokey Ridge – Section Two, as per plat thereof recorded in Plat 951 Book 15, Pages 6-9, as Instrument #8748154, a distance of 2002.30 feet to a concrete monument 952 found at the northwest corner of Smokey Hollow, as per plat thereof recorded in Plat Book 13, 953 Page 130, as Instrument #8706433; thence South 00 degrees 05 minutes 56 seconds East along the 954 west line of said Smokey Hollow a distance of 518.04 feet to the POINT OF BEGINNING, 955 containing 59.43 acres, more or less. 956 957 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 28 EXHIBIT B 958 Concept Plan 959 960 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 29 EXHIBIT C 961 Rendering Exhibits 962 963 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 30 964 965 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 31 966 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 32 EXHIBIT D 967 Open Space and Pedestrian Connectivity Plan 968 969 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 33 EXHIBIT E 970 Amenity Plan 971 972 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 34 Amenity Plan, continued973 974 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 35 EXHIBIT F 975 Right-of-Way Sections 976 977 978 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 36 EXHIBIT G 979 Illustrative Streetscape 980 981 Note: the color palettes are attached on the following pages. 982 983 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 37 984 985 986 987 988 989 990 991 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 38 992 993 994 995 996 997 998 999 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 39 1000 1001 1002 1003 1004 1005 1006 1007 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 40 1008 1009 1010 1011 1012 1013 1014 1015 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 41 EXHIBIT H 1016 Entrance Plan 1017 1018 1019 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B 42 EXHIBIT I 1020 Rear Yard Landscape Exhibit 1021 1022 1023 1024 1025 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 43 EXHIBIT J 1026 Additional Landscaping Exhibit 1027 1028 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.128902198.01 44 The ordinance shall be effective upon its passage by the Council, in accordance with Indiana 1029 Code 36-4-6 et seq. 1030 1031 ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of 1032 _______________, 2020, by a vote of _____ ayes and _____ nays. 1033 1034 COMMON COUNCIL FOR THE CITY OF CARMEL 1035 Laura D. Campbell, President Sue Finkam, Vice President Adam Aasen Anthony Green H. Bruce Kimball Miles Nelson Kevin D. Rider Jeff Worrell Timothy J. Hannon ATTEST Sue Wolfgang, Clerk 1036 1037 1038 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social 1039 Security Number in this document, unless required by law: Steven D. Hardin. 1040 1041 This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, 1042 Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 1043 46240. 1044 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B 5 Opposed 4 Opposed Opposed 16th November Opposed US.130154498.01 EXHIBIT K Conditions to Enactment of Ordinance Z-656-20 The following are imposed as conditions to the enactment of The Courtyards of Carmel Planned Unit Development District Ordinance Z-656-20 (the “Ordinance”), pertaining to the Real Estate, and are hereby referenced as Exhibit K (the “Conditions”). If any Condition conflicts with a provision of the Ordinance, then the more restrictive shall apply. Condition 1. Tree Survey. In order to maximize the opportunity to protect substantial trees, at the earliest appropriate time as determined by Developer’s arborist and the City’s Urban Forester, Developer shall conduct a tree survey within the second 20’ of the 40’ perimeter bufferyard to identify each deciduous tree greater than 4” DBH and each evergreen tree greater than 10’ tall. As part of the tree survey, Developer’s arborist also shall evaluate whether the first 20’ of the 40’ perimeter bufferyard meets the requirements of being wooded and identify those areas that include gaps of 20’ in width or greater. Developer’s arborist will undertake this work in conjunction with the City’s urban forester. This tree survey shall be completed and submitted to the City’s Urban Forester and City Engineer prior to the Developer’s submission of its construction plans for the neighborhood. Condition 2. Rear Elevation Masonry Watertable. Rear facades on non-perimeter lots shall include a masonry watertable up to the bottom of the lowest window on the facade. Condition 3. Rear Courtyard Fence. Rear courtyard fences shall be decorative vinyl with a matte finish substantially similar in quality and character as shown below, and the fence’s color shall match the home’s trim to which it serves. Condition 4. No-Build Area. No home or building shall be built south or east of the creek as shown on the Concept Plan. DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.130154498.01 Condition 5. Additional Corner Lot Landscaping. On the 4 lots that have an outward facing courtyard at each street connection (Matt Street (1), Smokey Ridge (2) and Millgate (1)) additional landscape screening shall be provided along the courtyard, substantially as shown on the attached Exhibit K-1. Condition 6. Enhanced Setback Adjacent to 14262 Matt Street. No home shall be constructed within 60’ of Hamilton County Parcel 16-10-19-02-09-006.000, which parcel has a common street address of 14262 Matt Street, Carmel, Indiana. Condition 7. Clubhouse and Pool Completion. No more than for forty-five (45) certificates of occupancy shall be issued for homes within the community prior to the issuance of the clubhouse’s certificate of occupancy and completion of the pool. Condition 8. Fence Screening AC Units. In addition to the existing shrub screening, an AC unit in the rear yard of homes built on the north and east perimeters shall be screened by a minimum 4’ tall fence of the same style as the courtyard fence. The fence shall include 2 sides with one side located to screen the AC unit from the perimeter and the other side located to screen the AC unit from the nearest street. Condition 9. Tree Wall. In addition to the existing landscaping/bufferyard requirements, two staggered rows of trees (the “Tree Wall”) shall (subject to utilities, rights-of-way and easements) be planted within the 40’ bufferyard outside the Tree Preservation Area (the “Tree Wall Area”). The Tree Wall Area is expected to be in the area between 20’ and 30’ from the perimeter. The Tree Wall shall include a mix of the following: • Serbian Spruce (minimum 6’ tall at planting, spaced approximately 12’ – 15’ apart) • Bald Cyprus (minimum 2.5’ caliper at planting, spaced approximately 12’ – 15’ apart) • Norway Spruce (minimum 6’ tall at planting, spaced approximately 12’ – 15’ apart) • Yew (minimum 6’ tall at planting, spaced approximately 6’ apart) • Arborvitae (minimum 6’ tall at planting, spaced approximately 6’ apart) The Tree Wall Area shall extend to the right-of-way where it meets a public street and shall include an evergreen tree near the rights-of-way. The Tree Wall planting plan shall be reviewed and approved by the City’s Urban Forester and shall be installed at the time that the stormwater and grading work is completed in the area adjacent to that segment of the Tree Wall. Existing trees within the Tree Wall Area may be included as part of the Tree Wall in the discretion of the City’s Urban Forester. Condition 10. Invasive Species. If an invasive species is removed from the Tree Preservation Area, then it shall be replaced with native plantings that provide similar screening as the invasive species provided previously. Condition 11. Perimeter Lots. The total number of lots adjacent to the north and east perimeters shall not exceed the number of lots shown adjacent to those perimeters on the Concept Plan. DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.130154498.01 Condition 12. Controlling Developer’s Consent. Without the written consent of Epcon prior to completion of the community, 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 Epcon: A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any Signs within the Real Estate; C. Building permits for any Buildings within the Real Estate; D. DP, ALDS, 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 PUD Ordinance. EXHIBIT K-1 Additional Corner Lot Landscaping Exhibit DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B US.130154498.01 DocuSign Envelope ID: C0DC9556-47EF-43E3-AE3B-8C9D3114421B