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HomeMy WebLinkAboutPUD Ordinance - redline changes from PCUS.131566020.01 1 Sponsors: Councilor ___________ ORDINANCE Z-_____ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE BEDFORD FALLS PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the Bedford Falls Planned Unit Development District Ordinance (the "Bedford Falls PUD ''). The Ordinance would rezone the real estate from R-3 Residential and S- 1 Residential to a Planned Unit Development district allowing the future development of a residential neighborhood laid out in the style and character as depicted on the attached Concept Plan which includes single-family. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the "UDO"), provides for the establishment of a Planned Unit Development District in accordance with the requirements of LC. § 36-7-4-1500 et seq.; and WHEREAS, Less Impact Development, LLC ("Developer"), submitted an application to the Carmel Plan Commission (the "Plan Commission") to adopt a PUD District Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the "Real Estate"); and WHEREAS, the Plan Commission conducted a public hearing on ________________ concerning Developer's application for a PUD District Ordinance, which application was docketed as PZ- _______________; and WHEREAS, the Plan Commission, at its hearing on ____ , 2021, has given a ____________ recommendation to this Bedford Falls PUD (the "Bedford Falls Ordinance"), which establishes the Bedford Falls Planned Unit Development District (the "Bedford Falls District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts this Bedford Falls Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this Bedford Falls Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Bedford Falls Ordinance; and, (iv) this Bedford Falls Ordinance shall be in full force and effect from and after its passage and signing. Section 1 Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Bedford Falls District. US.131566020.01 2 Section 1.2 Development in the Bedford Falls District shall be governed entirely by (i) the provisions of this Bedford Falls Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Bedford Falls Ordinance. Where this Bedford Falls Ordinance is silent, the applicable standards of the UDO shall apply. Section 2 Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Bedford Falls Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" indicates a mandatory requirement. The word "may" indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Bedford Falls Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Bedford Falls Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the UDO. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Dwelling as the main use, and incidental to the main use. Age-Restricted Requirement: A community operated as an age-restricted community in compliance with all applicable state and federal laws, including 42 U.S.C. § 3607. Architectural Character Imagery: These comprise the elevations and photographs, attached hereto as Exhibit C (Architectural Character Imagery), and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Character Imagery is general and not intended to delineate the only final Dwelling designs that may be built. Dwellings shall comply with the Architectural Standards but may vary from the Architectural Character Imagery provided all applicable Architectural Standards are met. Architectural Standards: The Architectural Standards incorporated herein under Exhibit D (Architectural Standards). Building: A structure having a roof supported by columns and walls, for shelter, support, or a Dwelling. City: Shall mean the City of Carmel, Indiana. US.131566020.01 3 Common Area(s): Common Areas shall comprise a parcel or parcels of land, areas of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designed by the Controlling Developer. Common Areas do not include any area which is divided into individual Dwelling lots or streets. Common Areas shall be in the areas generally identified on the Concept Plan. Concept Plan: The general plan for the development of the Real Estate, including but not limited to lots, streets and common areas attached hereto as Exhibit B (Concept Plan). Controlling Developer: Shall mean Developer until such time as Developer transfers or assigns, in writing, its rights as Controlling Developer such as to an Owners Association. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions, if any, applicable to the Real Estate, or any portion thereof, which may be prepared and recorded by the Controlling Developer in its discretion in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Development Requirements: Written development standards and any written requirements specified in this Bedford Falls Ordinance, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Dwelling: A detached single-family residence or an accessory dwelling. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Plan Commission: The City of Carmel Plan Commission. Primary Roof: The roof on a Dwelling which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Setback, Minimum: The minimum setback a dwelling shall be from the property line. Stoops, steps, landings, and decks/balconies may encroach into the required Minimum Front Yard Setback by a maximum of three (3) feet. Sign: Any type of sign as further defined and regulated by this Bedford Falls Ordinance and the UDO. US.131566020.01 4 Tree Preservation Plan: The general plan for the tree preservation easement area of the Real Estate attached hereto as Exhibit E (Tree Preservation Plan). Unified Development Ordinance (or "UDO"): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City's official Zone Map corresponding to the UDO. Section 3 Accessory Buildings and Uses. All Accessory Buildings and Accessory Uses allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the Bedford Falls District; unless prohibited in the Declaration(s) of Covenants; provided, however, that any detached Accessory Building shall have on all sides the same level of architectural features and shall be architecturally compatible with the principal building(s) with which it is associated. Accessory Dwellings shall be permitted and shall be subject to the Accessory Building and Use Standards of the UDO. Accessory Buildings and Accessory Uses shall be permitted subject to the provisions of the UDO. A temporary sales office in the community center shall be permitted. Section 4 Development Standards. Section 4.1 Permitted Uses: A. Single-family Dwellings. B. Accessory Dwellings. C.B. Common Areas; including, but not limited to, community center and related community improvements. D.C. Model Home(s). E.D. There shall be no more than thirty-four (34) Single-family Dwellings permitted within the Real Estate. F.E. The community shall comply with the Age-Restricted Requirement. Section 4.2 Bulk Requirements, applying to Dwellings and community center: A. Minimum Lot Area*: Seven Thousand One Hundred Fifty (7,150) square feet. B. Minimum Lot Width at Building Line*: Sixty-Five (65) feet. C. Minimum Lot Width at Right of Way*: Fifty (50) feet. D. Minimum Front Yard Setback: Twenty (20) feet. E. Minimum Side Yard Setback: Five (5) feet. US.131566020.01 5 F. Minimum Aggregate Side Yard Setback: Fifteen (15) feet. G. Minimum Rear Yard Setback: Fifteen (15) feet. H. Maximum Lot Coverage*: Fifty (50) percent. I. Maximum Building Height: Thirty-five (35) feet. J. Minimum ground floor square footage of one-story Dwelling (exclusive of porches, terraces, and garages)*: One Thousand Six Hundred (1,600) square feet. K. Minimum ground floor square footage of two-story Dwelling (exclusive of porches, terraces, and garages)*: One Thousand Three Hundred (1,300) square feet. * Does not apply to Accessory Dwellings. Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Bedford Falls Ordinance. Section 4.4 Applicable signage requirements are contained in Section 7 of this Bedford Falls Ordinance. Section 4.5 Applicable additional requirements and standards are contained in Section 8 of this Bedford Falls Ordinance. Section 4.6 Architectural Standards: A. The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit C (Architectural Character Imagery). B. The community center shall be constructed in compliance with the architectural standards included within Exhibit D (Architectural Standards). C. Dwelling Architecture: 1. All Dwellings shall be constructed in compliance with the architectural standards included within Exhibit D (Architectural Standards). Section 4.7 Lot Lighting: All Dwellings shall have (i) light fixtures flanking the garage doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights at the front door of the Dwelling. Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way), shall be provided at the subdivision street intersection with 146th Street, and at internal street US.131566020.01 6 intersections at the southern park area, and at the community center, as generally illustrated on the Concept Plan, and shall otherwise comply with the City’s street light standardsand be reviewed by the City. Section 4.9 Section 4.9 Parking: A. Four (4) spaces per Dwelling are required. B. Parking Spaces (i) within driveways including tandem spaces adjacent to garages, (ii) within garages, and (iii) on-street parking shall count toward required parking. C. Driveways designed to permit parking shall be a minimum of twenty (20) feet in length as measured from the street right of way and vehicles shall not be parked in a location that encroaches onto a sidewalk. D. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers. Asphalt driveways shall not be permitted. D.E. The community center shall have parking provided as generally illustrated on the Concept Plan. Section 5 Common Area Requirements. Common Area shall be in the areas generally identified on the Concept Plan. Section 5.1 A minimum of 6.5 acres (approximately 38 percent), of the District, shall be allocated to Common Area. Section 5.2 Common area shall be provided as generally depicted on the Concept Plan. Section 6 Landscaping Requirements. Landscaping shall comply with the following standards: Section 6.1 General Landscaping Standards. Landscaping shall be integrated with, and complement other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, and fencing. A. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices (BMPs) published by the City's Urban Forestry Program. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features shall be addressed. The City's planting details shall be required on the landscape plan. All trees shall be selected from the City's recommended tree list published by the City's Urban Forestry Program or otherwise approved by the Urban Forester. B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental US.131566020.01 7 trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall be a minimum of 6 feet in height when planted. Shrubs shall be at least 18 inches in height when planted. Ornamental grasses must obtain a mature height of at least 3 feet. C. All landscaping approved as part of a Primary Plat shall be installed prior to issuance of the first Certificate of Occupancy for a dwelling in the area of the Real Estate subject to a Secondary Plat; provided, however, that when because of weather conditions, it is not possible to install the approved landscaping before the issuance of a Certificate of Occupancy, the Controlling Developer shall request a temporary Certificate Of Occupancy which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. D. All landscaping is subject to Primary Plat approval. No landscaping which has been approved by the Urban Forester with the Primary Plat may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Urban Forester in order to conform to specific site conditions. E. It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area exists per the requirements of this Bedford Falls Ordinance, to ensure proper maintenance of landscaping in accordance with the Bedford Falls Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming , planting, maintenance contracting and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Section 6.2 Areas to be Landscaped. A. Perimeter Landscaping. 1. A minimum thirty (30) foot wide perimeter landscaped common area shall be provided along the 146th Street perimeter of the Real Estate. 2. Eight (8) shade or evergreen trees, two (2) ornamental trees, and ten (10) shrubs (per 100 linear feet) shall be provided within the perimeter landscaping area along the 146th Street perimeter of the Real Estate. 3. A minimum ten (10) foot tree preservation easement shall be provided along the west, east and south perimeter of the Real Estate as illustrated on the Tree Preservation Plan. The tree preservation easement shall be wider than ten (10) feet in the north west corner of the Real Estate as generally illustrated on the Tree Preservation US.131566020.01 8 Plan. B. Street Trees. 1. Large growing shade trees shall be planted within public street right- of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of fifty (50) feet on center and are not required to be evenly spaced, unless this spacing cannot be attained due to the location of driveways, proposed utilities, or other obstructions as defined below in Section 6.2.B.2. 2. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City's Urban Forester in mediating an alternative. C. Foundation and Lot Planting Standards. The following planting requirements apply to all Dwellings: 1. Single Family Dwellings: a. All lots shall be required to plant one shade (1) trees in the front yard. Corner lots shall install one shade (1) tree per side facing a street. b. All lots shall have a minimum of eight (8) shrubs and/or ornamental grasses along the Dwelling foundation with a minimum of four (4) facing the street. Corner lots shall install a minimum of sixteen (16) shrubs and/or ornamental grasses along the dwelling foundation with a minimum of four (4) shrubs or grasses per side facing a street. 2. Foundation and Lot plantings shall be installed by the builder at the time a Dwelling is constructed on the Lot(s). D. Storm Water Retention Ponds. The primary landscaping materials used adjacent to ponds shall be native aquatic shoreline species, trees, shrubs, ground covers, and ornamental grasses appropriately sited for a natural rather than engineered appearance utilizing primarily native plants. A sedge meadow mixture will be established within the first 5 feet of the permanent pool around the entire perimeter the pond. This vegetation will detract geese by providing a natural cover for common predators and will also act as a filter buffer between the pond and individual lots. US.131566020.01 9 E. Common Areas. 1. The common areas shall be planted with additional trees as generally illustrated on the Concept Plan. 2. The Common Area Inspection Standards of Section 7.20(D) of the UDO shall apply. Section 6.3 Tree Preservation. Tree preservation easements shall be regulated and well maintained in accordance with the following; however, the tree preservation easements shall be subject to the rights of all utility and drainage easements therein. Plans shall be provided with the Primary Plat. Tree preservation easements shall be provided in the areas identified on the Tree Preservation Plan. A. The following best management practices may be implemented with respect to tree preservation easements: i) Removal of exotic and invasive species (e.g. bush honeysuckle) where appropriate, including the use of professionals to apply herbicides or identify and remove such invasive species; ii) Removal of dead, hazardous and at-risk trees; iii) Removal of vines growing on and up a tree; iv) Removal of an overabundance of fallen and cut trees; v) Planting of native trees; vi) Establishment of access easements, unpaved trails, utility and drainage improvements; vii) Complete maintenance activities by following industry standard using the current American Safety Institute (ANSI) Z-133 and A¬300 approved practices and methods. B. The following activities shall be permitted within tree preservation easements: i) Planting of native trees, pursuant to the Indiana Native Tree List provided by the City’s Urban Forester; ii) Removal of hazardous, exotic and invasive vegetation pursuant to the Indiana Exotic and Invasive Plant List provided by the City’s Urban Forester; iii) Removal of trees directed to be removed by municipal, county, state or federal agencies or departments or by a public utility; US.131566020.01 10 iv) Installation of access easements, rights-of-way, streets, paths, trails, sidewalks, utilities and drainage improvements and minor pedestrian area improvements (e.g. benches, trash receptacles, creek overlook areas); C. The following activities shall be prohibited within tree preservation easements: i) Removal of native vegetation; ii) Mowing and clearing any portion of a tree preservation easements; iii) Dumping of leaves and debris from outside locations into the tree preservation easements; iv) Seeding; including grass seed, prairie mix seed, sod and the planting of any type of garden unless approved by the City’s Urban Forester; v) The construction of pools, sheds, garages, decks, fences, playground equipment, tree houses, fire pits and other permanent or semi-permanent structures unless approved by the Carmel BZA; vi) Recreational activities that adversely impact the health, structure and integrity of a tree preservation easement, including, playground equipment, basketball or tennis courts and pools. D. The following shall be required for all tree preservation easements: i) Signs identifying the tree preservation easements shall be posted every five hundred (500) feet around the perimeter of all tree preservation easements; ii) Tree protection barriers shall be utilized during site development and earth moving activities, which shall be specified on landscape plans. Such barriers shall remain in place during the site’s construction activity, including landscaping. The City of Carmel tree preservation detail shall be used, and fence locations shall be shown on the landscape plan. iii) The existing fence within the tree preservation easement along the Real Estate’s property line shall be removed prior to any home construction on the Real Estate unless an adjacent neighbor requests it to remain in writing prior to such time. Section 7 Signage Requirements. Signage shall comply with the following standards: Section 7.1 All signage on the Real Estate shall comply with the UDO as amended, except that onetwo additional welcome signs (eight square feet or less) shall be permitted subject to the provisions of the UDOExhibit F (Additional Welcome Signs). US.131566020.01 11 Section 8 Additional Requirements and Standards. Section 8.1 Home Occupations. Home Occupations shall meet the requirements of the UDO as amended. Section 8.2 Right-of-way widths. A. The required right-of-way for 146th Street shall be the existing right-of- way. B. The configuration of vehicular access into the Real Estate shall be provided as illustrated on the Concept Plan. C. The minimum right-of-way width for internal streets shall be 56 feet. Section 8.3 Sidewalks and Pedestrian Amenities. A. Sidewalks shall be provided per the UDO requirements. B. A six (6)An eight (8) foot wide internal asphalt pedestrian path shall be installed as generally illustrated on the Concept Plan. B.C. The internal asphalt pedestrian path, as described above, shall connect to the existing adjacent trail in the Westchase neighborhood, as generally illustrated on the Concept Plan, subject to coordination of construction and access easements with the Westchase HOA. The Controlling Developer shall be responsible for installing the path connection. C.D. If the primary Dwelling’s front door is more than five (5) feet away from the garage door, and if the front yard grade does not require a step, then a minimum three (3) foot wide concrete walkway shall be provided directly from the front of the primary Dwelling to the public sidewalk. If the primary Dwelling’s front door is less than five (5) feet away from the garage door, or if the front yard grade requires a step, then a minimum three (3) foot concrete walkway shall be provided directly from the front of the primary Dwelling to the primary Dwelling’s driveway. Section 8.4 Road Improvement Requirements. Development of the Real Estate shall meet all applicable Thoroughfare Plan related improvement requirements as identified in and required under the UDO. Section 8.5 Declaration of Covenants and Owners Association. Declarations of Covenants, if any, may be prepared by the Controlling Developer in its discretion and recorded with the Recorder of Hamilton County, Indiana. The Declaration(s) of Covenants may establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of all Buildings. Section 8.6 Lot Maintenance: US.131566020.01 12 A. All lots shall be subject to a required landscape maintenance program including mulching, edging, fertilization, mowing, weeding of beds, and fall clean up. B. All lots shall be subject to a required snow removal program. Section 8.7 Bicycle Parking Standards. Bicycle parking shall be provided per the UDO requirements. Section 9 Procedural Provisions. Section 9.1 Primary Plat. A. Primary Plat ("PP") approval shall be required prior to the issuance of a Improvement Location Permit to determine if the PP satisfies the Development Requirements specified within this Bedford Falls Ordinance. B. The Real Estate shall be developed in substantial compliance with the Concept Plan hereby incorporated and attached as Exhibit B subject to Primary Plat Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the "substantially or materially altered" provisions of the UDO as it applies to Primary Plats. C. If there is a Substantial Alteration in any approved PP, review and approval of the amended plans shall be made by the Plan Commission, or a Committee thereof, pursuant to the Plan Commission's rules of procedure. Minor Alterations shall be approved by the Director. Section 9.2 Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of a Secondary Plat that is in substantial conformance with the Primary Plat and is in conformance with the Development Requirements of this Bedford Falls Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Plan Commission. Section 9.3 Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to the requirements of the UDO. A waiver of the provisions of this Bedford Falls Ordinance may be granted up to a maximum of thirty-five (35) percent of the specified standard. Section 9.4 Variance of Development Requirements. The BZA may authorize Variances from the terms of the Bedford Falls Ordinance, subject to the procedures prescribed in the UDO. Section 10 Controlling Developer's Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by US.131566020.01 13 way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement Location Permits for any site improvements within the Real Estate; B. Sign permits for any Signs within the Real Estate; C. Improvement Location Permits for any Dwellings within the Real Estate; D. Primary Plat or Secondary Plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Bedford Falls Ordinance. Section 11 Violations and Enforcement. All violations and enforcement of this Bedford Falls Ordinance shall be subject to the requirements of the UDO. Section 12 Exhibits. All of the Exhibits on the following pages are attached to this Bedford Falls Ordinance, are incorporated by reference into this Bedford Falls Ordinance and are part of this Bedford Falls Ordinance. Exhibit “A” Page 1 of 3 Exhibit A (Legal Description) RECORD DESCRIPTION PARCEL 1: PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST 1614.76 FEET NORTH 00 DEGREES 07 MINUTES 39 SECONDS EAST (ASSUMED BEARING) OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00 DEGREES 07 MINUTES 39 SECONDS EAST ON AND ALONG SAID EAST LINE 530.24 FEET; THENCE SOUTH 89 DEGREES 08 MINUTES 30 SECONDS WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER 470.25 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 39 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 530.24 FEET; THENCE NORTH 89 DEGREES 08 MINUTES 30 SECONDS EAST PARALLEL WITH THE SOUTH LINE AFORESAID 470.25 FEET TO THE BEGINNING POINT; CONTAINING 5.72 ACRES, MORE OR LESS. (INSTRUMENT NO. 2011053150 - PARCEL ID: 17-09-22-00-00-005.001) PARCEL 2: PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST; THENCE NORTH 89 DEGREES 07 MINUTES 02 SECONDS EAST (ASSUMED BEARING) ON AND ALONG THE NORTH LINE OF SAID QUARTER 692.50 FEET; THENCE SOUTH 01 DEGREE 01 MINUTE 00 SECONDS EAST 153.7 FEET TO THE PLACE OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREE 01 MINUTE 00 SECONDS EAST 871.38 FEET; THENCE NORTH 89 DEGREES 07 MINUTES 02 SECONDS EAST 136.73 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 50 SECONDS EAST 530.24 FEET; THENCE NORTH 89 DEGREES 07 MINUTES 02 SECONDS EAST 98.06 FEET TO A POINT THAT IS 495.00 FEET SOUTH 00 DEGREES 07 MINUTES 39 SECONDS WEST OF THE NORTHEAST CORNER OF SAID QUARTER AND SOUTH 89 DEGREES 07 MINUTES 02 SECONDS WEST 364.65 FEET OF THE EAST LINE OF SAID QUARTER, SAID POINT BEING THE SOUTHWEST CORNER OF A TRACT OF GROUND CONVEYED TO ROBERT MCDAVITT PER WARRANTY DEED RECORDED IN DEED RECORD 267, PAGE 245, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE NORTH 01 DEGREE 29 MINUTES 36 SECONDS WEST ON AND ALONG THE WEST LINE OF SAID TRACT 306.17 FEET; TO THE SOUTHERLY LINE OF A TRACT OF GROUND CONVEYED TO ROBERT Exhibit “A” Page 2 of 3 MCDAVITT PER WARRANTY DEED RECORDED IN DEED RECORD 222, PAGE 319 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, (THE NEXT THREE CALLS ARE ON AND ALONG SAID DEED); THENCE SOUTH 88 DEGREES 10 MINUTES 02 SECONDS WEST 93.40 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 59 SECONDS WEST 50.56 FEET; THENCE NORTH 70 DEGREES 57 MINUTES 28 SECONDS WEST 105.30 FEET TO THE PLACE OF BEGINNING, CONTAINING 3.48 ACRES, MORE OR LESS. (INSTRUMENT NO. 2011063199 - PARCEL ID: 17-09-22-00-00-006.001) PARCEL 3: PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 692.5 FEET NORTH 90 DEGREES 00 MINUTES EAST (ASSUMED BEARING) OF THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST AND ON THE NORTH LINE THEREOF; THEN NORTH 90 DEGREES 00 MINUTES EAST ON AND ALONG SAID NORTH LINE 243.5 FEET; THENCE SOUTH 00 DEGREES 40 MINUTES EAST 188.8 FEET; THENCE SOUTH 89 DEGREES 03 MINUTES WEST 95.8 FEET; THENCE NORTH 89 DEGREES 06 MINUTES WEST 50.56 FEET; THENCE NORTH 70 DEGREES 04 MINUTES 30 SECONDS WEST 105.3 FEET; THENCE NORTH 00 DEGREES 08 MINUTES WEST 153.7 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.05 ACRE, MORE OR LESS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE BOARD OF COMMISSIONERS OF HAMILTON COUNTY IN WARRANTY DEED RECORDED OCTOBER 30, 2013 AS DOCUMENT NO. 2013066530. (INSTRUMENT NO. 2011053149 - PARCEL ID: 17-09-22-00-00-007.000) PARCEL 4: PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 3 EAST, THENCE NORTH 89 DEGREES 06 MINUTES 00 SECONDS EAST (ASSUMED BEARING) ON AND ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 412.50 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER 495.0 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER 412.50 FEET TO THE WEST LINE THEREOF; THENCE SOUTH 89 DEGREES 07 MINUTES 30 SECONDS WEST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST Exhibit “A” Page 3 of 3 QUARTER OF SAID SECTION 22, 364.65 FEET TO A POINT ON AN EXTENSION OF AN EXISTING FENCE LINE; THENCE NORTH 01 DEGREES 32 MINUTES 30 SECONDS WEST ON AND ALONG SAID EXTENSION OF AN EXISTING FENCE LINE OF SAID EXISTING FENCE LINE 494.97 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 07 MINUTES 30 SECONDS EAST ON AND ALONG AFORESAID NORTH LINE 378.65 FEET TO THE PLACE OF BEGINNING, CONTAINING 8.91 ACRES, MORE OR LESS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE BOARD OF COMMISSIONERS OF HAMILTON COUNTY IN WARRANTY DEED RECORDED OCTOBER 30, 2013 AS DOCUMENT NO.: 2013066530. (INSTRUMENT NO. 2011053151 - PARCEL ID: 17-09-22-00-00-008.000) Exhibit “B” Page 1 of 1 Exhibit B (Concept Plan) Exhibit “C” Page 1 of 4 Exhibit C (Architectural Character Imagery) Exhibit “C” Page 2 of 4 Note: the exterior color palettes isare attached on the following pages. Exhibit “C” Page 3 of 4 Exhibit “C” Page 4 of 4 Exhibit “D” Page 1 of 4 Exhibit D (Architectural Standards) The standards set forth below in this Exhibit D Architectural Standards apply to all Single-family Dwellings, Accessory Dwellings, and the community center on the Real Estate. Section 1. Single-family Dwelling and Community Center Design: A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted siding materials subject to the following provisions: 1. A brick or stone masonry wainscot (a minimum of 2'0" from the top of the exposed foundation) shall be provided, at a minimum, on all elevations. In general, the masonry wainscot will extend to the level of the bottom of the first floor windows. 2. Cementitious Board shall not be permitted in the required wainscot area. 3. EIFS, Vinyl and aluminum siding shall be prohibited. B. Building Scale and Massing: Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished by including, but not limited to, any of the following features: 1. Variations in height and depth, 2. Windows and door openings, 3. Changes in roof line or height, 4. Details and trim appropriate to the style and mass of the building, 5. Use of different materials, textures, and material placement, 6. Placement of landscaping materials and street furniture, 7. Balconies, recessed entries, and covered porches, and 8. Bays and towers. C. Required Window Openings: 1. Minimum Number: a. A minimum of two (2) windows per facade (elevation) per floor shall be provided. For one and one-half story Dwellings, there shall be a total of at least four (4) windows on the upper floor. Exhibit “D” Page 2 of 4 b. A minimum of three (3) windows per side facade facing a street or common area shall be provided for corner lots and lots where the side yard is adjacent to a common area. c. In order to meet this requirement, each individual window, or set of contiguous windows, must be a minimum of six (6) square feet. A door on the side of a Dwelling may substitute for one (1) window on the same side of the Dwelling. 2. Habitable rooms, such as bedrooms and living rooms, shall have operable windows with screens to take advantage of natural cross-ventilation. 3. All windows shall be fully framed, with a minimum four-inch (4”) nominal width trim, including a sill and cornice frame unless the window is surrounded by Masonry material. 4. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted metal. D. Garage Type: 1. All garages shall be attached to the Dwelling. 2. All garages shall be designed as an integral part of the architecture of the dwelling, with regards to materials, trim, and detail. 3. Garage doors shall have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware). 4. The garage door width shall not exceed forty (40) percent of the Dwelling’s overall front façade width. 5. The garage shall be recessed at least five (5) feet behind the main front wall of the Dwelling or covered porch. E. Chimneys: Brick or stone masonry, only and extended fully to ground provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board as their exterior building material. Direct vent gas fireplaces are not required to have chimneys, but if they do, they cannot be shed style or cantilevered chimneys. F. Porches and Entryways: 1. Seventy-five (75) percent of allAll dwellings willshall include a front porch. 2. Porches shall be a minimum of six (6) feet deep. Exhibit “D” Page 3 of 4 3. Porches and/or entryways shall be delineated by elements such as pilasters, sidelights, columns, railings, etc. G. Roofline: 1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12 (horizontal units). Secondary roofs (e.g. porches, bays, garages, dormers) may have a lower pitch. 2. The Primary Roof shall have at least an eleven-inch (11") overhang after installation of siding or an eight inch (8") overhang after installation of brick or stone masonry. This measurement shall not include gutters. 3. All Dwellings' roofs shall include architectural-grade dimensional shingles, however, cedar shake roofing or slate like roofing shall be a permitted alternative. Three-tab shingles are not permitted. 4. If dormers are used, at least one (1) window or decorative louver per dormer is required. Dormers and gables must have details such as attic bands, windows, and/or decorative attic vents. 4.H. Rear Architecture: The rear architecture of all of the Dwellings on the Real Estate shall be substantially similar in quality and character to Exhibit D-1 (Rear Architecture Exhibit). Section 2. Accessory Dwelling Design: Any Accessory Dwelling shall be substantially similar in quality and character to the Single-family Dwelling on the lot. Section 2. Lot Lighting: All Single-family Dwellings shall have light fixtures flanking the garage door and equipped with a photo cell so the light is on from dusk to dawn. Section 3. Community Center Lighting: The community center shall have light fixtures flanking the main entrance and equipped with a photo cell so the light is on from dusk to dawn and shall be similar in style to the Single-family Dwellings’ lights. Section 4. Monotony Mitigation: A. Front Facades: The same Building elevation shall not be constructed for two (2) lots on each side of the subject lot on the same side of the street and for three (3) lots across the street from the subject lot as illustrated in the below diagram. Exhibit “D” Page 4 of 4 B. Exterior Siding Color: No two side by side homes on contiguous lots or the lot across the street from the subject lot shall have the same exterior color on the primary structure of the home. C. Exterior Masonry Color: No two side by side homes on contiguous lots shall have the same masonry. Exhibit “D-1” Page 1 of 4 Exhibit D-1 (Rear Architecture Exhibit) Exhibit “D-1” Page 2 of 4 Exhibit “D-1” Page 3 of 4 Exhibit “D-1” Page 4 of 4 Exhibit “E” Page 1 of 1 Exhibit E (Tree Preservation Plan) Exhibit “F” Page 1 of 1 Exhibit F (Additional Welcome Signs) US.131566020.01 32 The ordinance shall be effective upon its passage by the Council, in accordance with Indiana Code 36-4-6 et seq. ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of _______________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Laura D. Campbell, President Sue Finkam, Vice President Adam Aasen Anthony Green H. Bruce Kimball Miles Nelson Kevin D. Rider Jeff Worrell Timothy J. Hannon ATTEST Sue Wolfgang, Clerk I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Steven D. Hardin. This Instrument prepared by: Steven D. Hardin, Esq., and Mark R. Leach, Land Use Planner, Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240.