HomeMy WebLinkAboutPUD Ordinance_SignedUS.128902198.01
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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Estate shall be null and void and replaced and superseded by this PUD Ordinance, and (iv) this 31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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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#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
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EXHIBIT B 958
Concept Plan 959
960
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EXHIBIT C 961
Rendering Exhibits 962
963
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964
965
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966
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EXHIBIT D 967
Open Space and Pedestrian Connectivity Plan 968
969
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EXHIBIT E 970
Amenity Plan 971
972
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Amenity Plan, continued973
974
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EXHIBIT F 975
Right-of-Way Sections 976
977
978
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EXHIBIT G 979
Illustrative Streetscape 980
981
Note: the color palettes are attached on the following pages. 982
983
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984
985
986
987
988
989
990
991
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992
993
994
995
996
997
998
999
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1000
1001
1002
1003
1004
1005
1006
1007
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1008
1009
1010
1011
1012
1013
1014
1015
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EXHIBIT H 1016
Entrance Plan 1017
1018
1019
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EXHIBIT I 1020
Rear Yard Landscape Exhibit 1021
1022
1023
1024
1025
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EXHIBIT J 1026
Additional Landscaping Exhibit 1027
1028
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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
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5
Opposed
4
Opposed
Opposed
16th
November
Opposed
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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.
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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.
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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
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