HomeMy WebLinkAboutPUD_Draft 10-20-21
Sponsors: Councilor _________
CARMEL, INDIANA
Flora
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-20
October 20, 2021
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions and Rules of Construction .......................................................................... 4
Section 3. Accessory Buildings and Uses ....................................................................................... 6
Section 4. Development Standards .................................................................................................. 6
Section 5. Common Area Requirements ....................................................................................11
Section 6. Landscaping Requirements ........................................................................................11
Section 7. Signage Requirements ...............................................................................................17
Section 8. Additional Requirements and Standards ...................................................................... 17
Section 9. Procedural Provisions ...............................................................................................18
Section 10. Controlling Developer’s Consent .............................................................................19
Section 11. Violations and Enforcement .....................................................................................19
Section 12. Exhibits .....................................................................................................................19
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery – Courtyard Homes
Exhibit D Architectural Character Imagery – Brownstones
Exhibit E Architectural Character Imagery – Duplex Homes
Exhibit F Architectural Character Imagery – Pitched Roof Townhomes
Exhibit G Architectural Character Imagery – Rooftop Deck Townhomes
Exhibit H Architectural Standards
Exhibit I Green Space and Pedestrian Network Exhibit
Exhibit J Street and Alley width and cross sections
Exhibit K Tree Preservation Exhibit
Note: All of the above Exhibits (A-K) are attached to this Flora Ordinance, are incorporated by reference into this
Flora Ordinance and are part of this Flora Ordinance.
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Sponsors: Councilor __________
ORDINANCE Z-___-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE FLORA
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Flora Planned Unit Development District Ordinance (the “Flora
PUD”). The Ordinance would rezone the real estate from S-1 Residential to a Planned Unit
Development district allowing the future development of a residential neighborhood laid out in
the style and character as depicted on the attached Concept Plan which includes single-family
attached homes and townhomes.
WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance,
Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit
Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the
“PUD Statute”); and
WHEREAS, Pittman Partners, LLC (“Pittman”), 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, Pittman’s application is consistent with the provisions of the UDO and
PUD Statute; and
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
UDO, the Plan Commission conducted a public hearing on _________, 2021 concerning
____________’s application for a PUD District Ordinance, which application was docketed as
PZ-2021-00___ (PUD), and
WHEREAS, the Plan Commission, at its hearing on __________ __, 2020, has given a
_____________ recommendation to this Flora PUD (the “Flora Ordinance”), which establishes
the Flora Planned Unit Development District (the “Flora 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 Flora Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof
inconsistent with any provision of this Flora Ordinance and its exhibits are hereby made
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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 Flora Ordinance; and, (iv) this Flora 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 Flora District.
Section 1.2 Development in the Flora District shall be governed entirely by (i) the
provisions of this Flora Ordinance and its exhibits, and (ii) those provisions of the UDO
specifically referenced in this Flora Ordinance. Where this Flora 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 Flora 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 Flora Ordinance, shall have the meanings
set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this
Flora 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.
“ADLS”: The architecture, design, exterior lighting, landscaping and signage
associated with a Building.
“ADLS Approval”: Approval by the Plan Commission of architecture, design,
lighting and landscaping and signage pursuant to the procedures for ADLS review
of the UDO and the Development Requirements.
Brownstone Area: The area identified as “Brownstone” on the Concept Plan.
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Courtyard Home Area: The area identified as “Courtyard” on the Concept Plan.
Duplex Home Area: The area identified as “Duplex” on the Concept Plan.
Pitched Roof Townhome Area: The area identified as “Pitched Roof” on the
Concept Plan.
Rooftop Deck Townhome Area: The area identified as “Rooftop Deck” on the
Concept Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as Exhibit C (Architectural Character Imagery – Courtyard
Homes), Exhibit D (Architectural Character Imagery – Brownstone Homes),
Exhibit E (Architectural Character Imagery – Duplex Homes), Exhibit F
(Architectural Character Imagery – Pitched Roof Townhomes), and Exhibit G
(Architectural Character Imagery – Rooftop Deck Townhomes), 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 will
comply with the Architectural Standards but may vary from the Architectural
Character Imagery provided all applicable Architectural Standards are met,
including ADLS Approval.
Architectural Standards: The Architectural Standards incorporated herein under
Exhibit H (Architectural Standards).
Building: A structure having a roof supported by columns and walls, for shelter,
support, or a Dwelling.
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 Pittman Partners, LLC or the owner of the
Real Estate at the time of adoption of the Flora Ordinance, until such time as
Pittman Partners, LLC or the owner transfers or assigns, in writing, its rights as
Controlling Developer such as to an Owners Association.
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“Development Plan” or “DP”: A specific plan for the development of the Real
Estate, or any portion thereof, which is submitted for approval, showing proposed
locations of lots, streets and common areas.
“Development Plan Approval” or “DP Approval”: A Development Plan
Approved by the Plan Commission pursuant to the procedures for DP Approval of
the UDO.
Development Requirements: Written development standards and any written
requirements specified in this Flora Ordinance, which must be satisfied in
connection with the approval of a Development Plan and Building Permits.
Plan Commission: The City’s Plan Commission.
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, and landings, may encroach into the required Minimum Front
Yard Setback. Decks and balconies may encroach into the required Minimum
Rear Yard Setback. The aforementioned encroachments may extend no further
than ten (10) feet into the required setback, except for stoops/steps/landings which
may extend to the front property line as required to access a door to enter the
Dwelling.
Sign: Any type of sign as further defined and regulated by this Flora Ordinance
and the UDO.
Unified Development Ordinance (or “UDO”): The Unified Development
Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County,
Indiana, as amended.
Zone Map: The City’s official Zone Map corresponding to the UDO.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the S-1 Residential District of the Zoning Ordinance shall be permitted in the
Flora District; unless prohibited in the Declaration(s) of Covenants; provided, however, that any
detached Accessory Structure shall have on all sides the same level of architectural features and
shall be architecturally compatible with the principal building(s) with which it is associated.
Accessory Structures and Accessory Uses shall be permitted subject to the provisions of the
UDO.
Section 4. Development Standards.
Section 4.1 Permitted Uses:
A. Brownstone Area: Attached Dwellings (side by side, for sale fee-simple
dwellings, on individual deeded lots).
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B. Courtyard Home Area: Single Family Dwellings (for sale fee-simple
dwellings, on individual deeded lots).
C. Duplex Home Area: Two-family Duplex Dwellings (for sale fee-simple
dwellings on individual deed lots).
D. Pitched Roof Townhome Area: Attached Dwellings (side by side, for sale
fee-simple dwellings, on individual deeded lots).
E. Rooftop Deck Townhome Area: Attached Dwellings (side by side, for sale
fee-simple dwellings, on individual deeded lots).
F. Model Home(s).
G. Common Areas.
H. Maximum Dwellings: There shall be no more than one hundred thirty-one
(131) Dwellings permitted within the Real Estate.
Section 4.2 Bulk Requirements:
A. Courtyard Lots:
1. Minimum Lot Area: Four-thousand one-hundred and twenty-five
(4,125) square feet.
2. Minimum Lot Width at Building Line: Fifty-five (55) feet.
3. Minimum Lot Width at Right of Way: Fifty-five (45) feet.
4. Minimum Front Yard Setback: Ten (10) feet (excludes porches,
stoops, and porticos, etc. which may encroach into the Front Yard
Setback by a maximum three (3) feet).
5. Minimum Side Yard Setback: Five (5) feet.
6. Minimum Rear Yard Setback: Twelve (12) feet.
7. Maximum Lot Coverage: Sixty-five (65) percent.
8. Maximum Building Height: Thirty-six (36) feet.
9. Minimum ground floor square footage (including garage but exclusive
of porches, stoops and patios): Seven-hundred (700) square feet.
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10. Pedestrian Access: All Dwellings shall provide a sidewalk connection
from the front door of each dwelling to sidewalk at the street or along
the perimeter of a common area.
B. Brownstone Lots:
1. Minimum Lot Area: One-thousand and sixty (1,060) square feet.
2. Minimum Lot Width at Building Line: Twenty (20) feet.
3. Minimum Lot Width at Right of Way: Twenty (20) feet.
4. Minimum Front Yard Setback: Five (5) feet.
5. Minimum Side Yard Setback: Zero (0) feet between units. Five (5)
feet on end units.
6. Minimum Rear Yard Setback: Five (5) feet.
7. Maximum Lot Coverage: Not Applicable.
8. Maximum Building Height: Forty-nine (49) feet.
9. Minimum ground floor square footage (including garage but exclusive
of porches, stoops and patios): Seven-hundred (700) square feet.
10. Maximum number of Dwellings per building: Six (6).
11. Dwelling Orientation:
a. Dwellings shall face the Street.
b. Alleys shall be required for all Brownstone Homes and all
driveways shall access alleys (no direct driveway to street access
shall be permitted).
c. All Dwellings shall provide a sidewalk connection from the front
door of each dwelling to sidewalk at the street or along the
perimeter of a common area.
C. Duplex Lots:
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1. Minimum Lot Area: Two-thousand one-hundred and eighty (2,180)
square feet.
2. Minimum Lot Width at Building Line: Twenty-nine (29) feet.
3. Minimum Lot Width at Right of Way: Twenty-nine (29) feet.
4. Minimum Front Yard Setback: Five (5) feet.
5. Minimum Side Yard Setback: Four and one-half (4.5) feet applied to a
Building.
6. Minimum Rear Yard Setback: Fifteen (15) feet.
7. Maximum Lot Coverage: not applicable.
8. Maximum Building Height: Thirty-six (36) feet.
9. Minimum ground floor square footage (including garage but exclusive
of porches, stoops and patios): Seven-hundred (700) square feet.
10. Dwelling Orientation:
a. Driveways on Duplex Lots shall only access alleys (no direct
driveway to street access shall be permitted).
b. All Dwellings shall provide a sidewalk connection from the front
door of each dwelling to sidewalk at the street or along the
perimeter of a common area.
D. Townhome Lots (Pitched Roof Townhome and Rooftop Deck Townhome
Areas):
1. Minimum Lot Area: Nine hundred (900) square feet.
2. Minimum Lot Width: Twenty (20) feet.
3. Minimum Lot Width at Right of Way: n/a.
4. Minimum Front Yard Setback: Five (5) feet.
5. Minimum Side Yard Setback: Zero (0) feet between units. Five (5) feet
on end units.
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6. Minimum Rear Yard Setback: Five (5) feet.
7. Maximum Lot Coverage: One-hundred (100) percent.
8. Maximum Building Height:
Pitched Roof Townhome – Forty-two (42) feet.
Rooftop Deck Townhome – Forth-five (45) feet.
9. Minimum ground floor square footage (including garage but exclusive
of porches, stoops and patios): Seven-hundred (700) square feet.
Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Flora
Ordinance.
Section 4.4 Applicable signage requirements are contained in Section 7 of this Flora
Ordinance.
Section 4.5 Applicable additional requirements and standards are contained in Section 8
of this Flora 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, Exhibit D, Exhibit E, Exhibit F, and Exhibit G as applicable
subject to the Dwelling type.
B. Dwelling Architecture: Applicable architectural requirements and standards
are contained in Exhibit H (Architectural Standards) of this Flora Ordinance.
Section 4.7 Lot Lighting: All Dwellings shall have (i) light fixtures flanking the garage
doors and equipped with a photo cell so the light is on from dusk to dawn and (ii) lights
at the front door of the dwelling.
Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way), when
provided, shall (i) be confined to the street intersections and (ii) meet all applicable City
standards and (iii) be reviewed by the City.
Section 4.9 Parking:
A. Two (2) spaces per Dwelling are required.
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B. On Street (within public rights-of-way) and parking spaces within common
areas shall be provided as generally illustrated on the Concept Plan.
C. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-street /
alley parking shall count toward required parking.
D. Driveways designed to permit parking shall be a minimum of twenty (20) feet
in length as measured from the street right of way and vehicles shall not be
parked in a location that encroaches onto a sidewalk or alley.
E. Driveways shall be concrete, stamped concrete, brick, porous concrete, or
stone or pervious pavers. Asphalt driveways shall not be permitted.
Section 5. Common Area Requirements. Common Area shall be in the areas generally
identified on the Concept Plan.
Section 5.1 Open space, including internal trails and paths, shall be provided as
generally depicted on the Concept Plan and as conceptually shown on Exhibit I (Green
Space and Pedestrian Network Exhibit) of this Flora Ordinance. An Open Space Plan
shall be submitted at the time of Development Plan review.
Section 5.3 Internal paths shall be of a width and location as generally depicted on
Exhibit I (Green Space and Pedestrian Network Exhibit). All internal paths not located
in right-of-way shall be located in a public pedestrian easement. The final location of the
internal trail is subject to existing easements and final engineering. If the internal paths is
prevented from being installed as generally shown, then an alternative path location may
be provided that still provide access within the subject area of the Real Estate.
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.
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B. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental
trees shall be at least 1.5 inches in caliper when planted. Evergreen trees shall
be 6 feet in height when planted. Shrubs shall be at least 18 inches in height
when planted. Ornamental grasses must obtain a mature height of at least 3
feet.
C. All landscaping approved as part of a Development Plan / Primary Plat shall
be installed prior to issuance of the first Certificate of Occupancy for a
dwelling in the area of the Real Estate subject to a Secondary Plat; provided,
however, that when because of weather conditions, it is not possible to install
the approved landscaping before the issuance of a Certificate of Occupancy,
the Controlling Developer shall request a temporary Certificate Of Occupancy
which shall be conditioned upon a determined time to complete the
installation of the uninstalled landscape material.
D. All landscaping is subject to Development Plan / Primary Plat approval. No
landscaping which has been approved by the Urban Forester with the Primary
Plat may later be substantially altered, eliminated or sacrificed without first
obtaining further approval from the Urban Forester in order to conform to
specific site conditions.
E. It shall be the responsibility of the owner(s), with respect to any portion of the
Real Estate owned by such owner(s) and on which any landscaped area exists
per the requirements of this Flora Ordinance, to ensure proper maintenance of
landscaping in accordance with the Flora 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. 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.
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B. Foundation and Lot Planting Standards. The following planting requirements
apply to all Dwellings:
1. Courtyard Home Area
a. Refer to Bufferyard Type A from Page 5-26 of the UDO
Front and side yards shall be a minimum of five feet wide. Rear
yards shall be a minimum of 10 feet wide. Plant a minimum of four
(4) shade or evergreen trees for every 100 lineal feet.
2. Brownstone Area
a. Continuous foundation planting beds: There shall be a continuous
foundation planting bed of a minimum depth of three feet along the
front and side foundation walls of each building. The bed-lines
shall align in a cohesive manner from unit to unit for the entirety of
a building.
b. Front foundations: Within the front foundation planting bed of
each unit, there shall be a minimum of three (3) shrubs. The
remainder of the planting space may be a combination of shrubs,
ornamental grasses, and perennials. Trees are not required between
the public sidewalk and building face due to limited planting
space.
c. Side foundations: Within the side foundation planting bed of each
end unit, there shall be a minimum of one (1) ornamental – OR –
one (columnar) deciduous tree. In addition, there shall be a
minimum of five (5) shrubs. The remainder of the planting space
may be a combination of shrubs, ornamental grasses, and
perennials.
d. Rear driveway areas: A combination of low shrubs, ornamental
grasses, and low perennials (with a maximum mature height of 36
inches) shall be provided where space is available between
driveways on the rear face of units, where sidewalks, stoops, AC
units, and other items allow it.
3. Duplex Home Area
a. Continuous foundation planting beds: There shall be a continuous
foundation planting bed of a minimum depth of three feet along all
front foundations and along the outside foundation walls of the
outermost duplex buildings. For clarity, a planting bed is not
required on interior spaces between duplex buildings. The bed-
lines shall align in a cohesive manner from unit to unit for the
entirety of each duplex building.
b. Front foundations: Within the front foundation planting bed of
each unit, there shall be a minimum of one (1) ornamental – OR –
one (columnar) deciduous tree per duplex building. In addition,
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there shall be a minimum of six (6) shrubs per duplex building.
The remainder of the planting space may be a combination of
shrubs, ornamental grasses, and perennials.
c. Side foundations: The outer side foundation planting beds of the
outermost duplex buildings shall contain a minimum thirteen (13)
shrubs. The remainder of the planting space may be a combination
of shrubs, ornamental grasses, and perennials.
d. Rear driveway areas: One (1) deciduous shade tree shall be
required between each duplex building. A combination of low
shrubs, ornamental grasses, and low perennials (with a maximum
mature height of 36 inches) shall be provided where space is
available between driveways on the rear face of units, where
sidewalks, stoops, AC units, and other items allow it.
4. Townhomes Area General
a. Continuous foundation planting beds: There shall be a continuous
foundation planting bed of a minimum depth of three feet along the
front and side foundation walls of each building. The bed-lines
shall align in a cohesive manner from unit to unit for the entirety of
a building.
b. Front foundations: Within the front foundation planting bed of
each unit, there shall be a minimum of one (1) ornamental – OR –
one (columnar) deciduous tree per unit. In addition, there shall be a
minimum of three (3) shrubs per unit. The remainder of the
planting space may be a combination of shrubs, ornamental
grasses, and perennials.
c. Side foundations: Within the side foundation planting bed of each
end unit, there shall be a minimum of twelve (12) shrubs. The
remainder of the planting space may be a combination of shrubs,
ornamental grasses, and perennials.
d. Rear driveway areas: A combination of low shrubs, ornamental
grasses, and low perennials (with a maximum mature height of 36
inches) shall be provided where space is available between
driveways on the rear face of units, where sidewalks, stoops, AC
units, and other items allow it. In addition, one (1) columnar tree
shall be located adjacent to the outer driveways on each end of
each building, when this does not obscure lines of sight for
vehicles.
5. Townhome Area along South Perimeter
a. Continuous foundation planting beds: There shall be a continuous
foundation planting bed of a minimum depth of three feet along the
front and side foundation walls of each building. The bed-lines
shall align in a cohesive manner from unit to unit for the entirety of
a building.
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b. Front foundations: Within the front foundation planting bed of
each unit, there shall be a minimum of one (1) ornamental – OR –
one (columnar) deciduous tree per unit. In addition, there shall be a
minimum of three (3) shrubs per unit. The remainder of the
planting space may be a combination of shrubs, ornamental
grasses, and perennials.
c. Side foundations: Within the side foundation planting bed of each
end unit, there shall be a minimum of five (5) shrubs. The
remainder of the planting space may be a combination of shrubs,
ornamental grasses, and perennials.
d. Rear driveway areas: A combination of low shrubs, ornamental
grasses, and low perennials (with a maximum mature height of 36
inches) shall be provided where space is available between
driveways on the rear face of units, where sidewalks, stoops, AC
units, and other items allow it. In addition, one (1) deciduous tree
shall be located between each building and one (1) ornamental tree
shall be located adjacent to the outer driveways of end buildings.
2. Foundation and Lot plantings shall be installed by the builder at the time a
Dwelling is constructed on the Lot(s).
C. Common Areas:
1. Overall Design: The common areas within the development shall be well-
integrated with the adjacent buildings along each side of the common area
perimeter. The perimeter of any common area that is not bordered with the
front façade of a building will be screened with a combination of
deciduous trees and evergreen shrubs.
2. Connectivity: Sidewalks shall be provided along the perimeter of
common areas. In additional sidewalks shall provide connections from one
common area to another within the development. At locations where
sidewalks meet a street or intersection, crosswalks will be provided to
indicate a pedestrian crossing.
3. Vegetation: In areas where grading and development activity allow for
the preservation of existing native trees with a dbh caliper of over 10-
inches, efforts will be made to retain said trees. The opportunities will be
limited due to construction and engineering realities. For all sidewalks, the
equivalent of at least one (1) deciduous tree will provided for every fifty
(50) lineal feet of walk.
D. Stormwater Ponds: Best efforts shall be made to incorporate natural
vegetation into the storm water management ponds. Stormwater ponds shall
incorporate native landscaping materials along the perimeter.
Section 6.3 Tree Preservation. Tree Preservation Areas shall be required as generally
illustrated on Exhibit K (Tree Preservation Exhibit). The Tree Preservation
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Area shall be regulated and maintained in accordance with the Tree
Preservation Area Guidelines described below:
A. Best management practices for a tree preservation area:
1. Trees to be preserved shall be those approved by the Urban Forester at a
minimum caliper of eight (8) inches.
2. Removal of exotic and invasive species, e.g., bush honeysuckle. (See the
Indiana Exotic and Invasive Plant List provided by the City of Carmel. If
you are not able to identify exotic and invasive species, seek professional
assistance. Application of herbicide should be completed with professional
oversight.)
3. Removal of dead, hazardous and at risk trees.
4. Removal of vines growing on and up a tree.
5. Removal of an overabundance of fallen and cut trees.
6. Planting of native trees. (See the Indiana Native Tree List provided by the
City of Carmel.)
7. Direct discharge of surface drainage of stormwater from the rear half of
any lot that is adjacent to a tree preservation area.
8. Establishment of access easements, unpaved trails, utility and drainage
improvements. This provision is intended to permit the crossing of the tree
preservation area and not one easement to fully occupy the area.
9. Complete maintenance activities by following industry standard using the
current American National Safety Institute (ANSI) Z-133 and A-300
approved practices and methods.
10. Existing vegetation and earth shall be allowed to be removed for the
purposes of constructing and maintaining paths (including pavement)
through the woodlot, provided that (i) all attempts be made to avoid routes
that would ultimately damage healthy hardwood tree species with a d.b.h.
caliper greater than twelve inches, (ii) that the width of the clearing path
not exceed ten feet.
11. Grass seeding (native or otherwise) and subsequent maintenance through
mowing shall be allowed within the easement in areas currently devoid of
trees and shrubs, areas (e.g. legal drains) required to be cleared by
governing agencies, and/or areas that will be cleared for path construction,
provided that such seeding/mowing along constructed paths be restricted to
a maximum width of three feet along either side of the path.
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B. Unacceptable activities for a tree preservation area:
1. Removal of native vegetation except as necessary for constructing and
maintaining paths.
2. Mowing and clearing any portion of a tree preservation area.
3. Dumping of leaves and debris from outside locations into a tree
preservation area.
4. The construction of pools, sheds, garages, fences, playground equipment,
tree houses, fire pits and other permanent or semi-permanent structures
unless approved by the Carmel Board of Zoning Appeals.
5. Recreational activities that adversely impact the health, structure and
integrity of a tree preservation area, including, playground equipment,
basketball or tennis courts and pools.
C. The following shall be required for all Tree Preservation Areas:
1. Permanent signs identifying the Tree Preservation Area shall be posted
every five hundred (500) feet around the perimeter of all Tree Preservation
Areas.
2. 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.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with the
UDO.
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 Springmill road shall be the existing variable
right-of-way.
B. Internal Street width and cross-section shall be as illustrated on Exhibit J.
C. Alleys shall be of a width and cross section design as illustrated on Exhibit J.
Section 8.3. Sidewalks and Pedestrian Amenities.
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A. A five (5) foot wide sidewalk shall be required along all internal streets except
along segments where ten (10) foot with path is provided along subject
segment.
B. A five (5) foot wide sidewalk shall be required along both sides of internal
street rights-of-way.
C. A ten (10) foot wide asphalt path shall be required along Springmill Road.
D. Internal paths shall be installed within the common area as generally shown
on Exhibit I.
E. Small parks with seating and landscaping shall be provided throughout the
pedestrian network as illustrated on Exhibit I.
Section 8.5. Road Improvement Requirements. Development of the Real Estate shall
meet all applicable Thoroughfare Plan related improvement requirements as identified in
and required under the UDO unless otherwise provided for in this Flora Ordinance for
only the street connection to the 103rd and Springmill Roundabout.
Section 9. Procedural Provisions.
Section 9.1. Development Plans and ADLS.
A. Development Plan (“DP”) and/or architectural design, exterior lighting,
landscaping and signage (“ADLS”) approval by the Plan Commission, as
prescribed in UDO, shall be required prior to the issuance of a Improvement
Location Permit to determine if the DP and ADLS satisfy the Development
Requirements specified within this Flora Ordinance.
B. The Real Estate shall be developed in substantial compliance with the
Concept Plan hereby incorporated and attached as Exhibit B subject to
Development Plan Approval by the Plan Commission. Substantial
compliance shall be regulated in the same manner as the “substantially or
materially altered” provisions of the UDO as it applies to Development
Plans.
C. ADLS Approval by the Plan Commission shall be required for All
Dwellings.
D. If there is a Substantial Alteration in any approved DP or ADLS, review and
approval of the amended plans shall be made by the Plan Commission, or a
Committee thereof, pursuant to the Plan Commission’s rules of procedure.
Minor Alterations shall be approved by the Director.
Section 9.2. Primary Plat. A Development Plan approved by the Plan Commission
shall be, upon approval, the Primary Plat of the Real Estate.
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Section 9.3. Secondary Plat Approval. The Director shall have sole and exclusive
authority to approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay the
Director's approval of a Secondary Plat that is in substantial conformance with the
Development Plan/Primary Plat and is in conformance with the Development
Requirements of this Flora 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 9.4 Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to
the requirements of the UDO. A wavier of the provisions of this Flora Ordinance may be
granted up to a maximum of thirty-five (35) percent of the specified standard.
Section 9.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the Flora Ordinance, subject to the procedures prescribed in
the UDO.
Section 10. Controlling Developer’s Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or
approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by
way of example but not by limitation, none of the following may be obtained without the
approval and consent of the Controlling Developer:
A. Improvement Location Permits for any site improvements within the Real
Estate;
B. Sign permits for any Signs within the Real Estate;
C. Improvement Location Permits for any Dwellings within the Real Estate;
D. Development Plan, Primary Plat or Secondary Plat approval for any part of
the Real Estate; and
E. Any text amendments, variances, modifications of development requirements
or other variations to the terms and conditions of this Flora Ordinance.
Section 11. Violations and Enforcement. All violations and enforcement of this Flora
Ordinance shall be subject to the requirements of the UDO.
Section 12. Exhibits. All of the Exhibits (A-K) on the following pages are attached to this
Flora Ordinance, are incorporated by reference into this Flora Ordinance and are part of this
Flora Ordinance.
The remainder of this page is left blank intentionally.
Exhibit “A” – Page 1 of 2
Exhibit “A”
(Legal Description)
A part of the Southeast Quarter of Section 10, Township 17 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the Northeast Corner of the Southeast Quarter of said Section 10, Township 17
North, Range 3 East; thence South 00 degrees 19 minutes 41 seconds West (Basis of Bearings:
Indiana State Plane, East Zone, NAD 83) 395.19 feet along the East Line of said Southeast
Quarter to the southeastern corner of the 4.323-acre tract of land as granted to Mahvash
Khosrowyar Revocable Trust, dated May 19, 2006 (“Parcel 1”) (recorded as Instrument Number
2020079468 in the Office of the Recorder of Hamilton County, Indiana) (Note: all recording
information hereinafter refers to said Recorder’s Office), being the POINT OF BEGINNING of
this description; thence continue South 00 degrees 19 minutes 41 seconds West 350.90 feet along
said East Line to the northeastern corner of the tract of land as granted to Mahvash-K, LLC
(“Parcel III”) (Instrument Number 2018036126); thence South 89 degrees 55 minutes 33 seconds
West 25.96 feet parallel with the North Line of said Southeast Quarter to the 0.218-acre tract of
land granted to the State of Indiana (Instrument Number 9220612) (the following three courses
are along the boundary of said 0.218-acre tract); (one) thence North 00 degrees 19 minutes 10
seconds East 329.45 feet (329.28 feet – deed); (two) thence South 19 degrees 06 minutes 04
seconds West 105.62 feet; (three) South 00 degrees 19 minutes 41 seconds West 229.69 feet to a
northwestern corner of the 0.463-acre tract of land granted to the State of Indiana (also in said
Instrument Number 9220612) (the following five courses are along the boundary of said 0.463-
acre tract); (one) thence South 00 degrees 19 minutes 41 seconds West 320.31 feet (320.47 feet –
deed); (two) thence South 04 degrees 37 minutes 02 seconds West 200.56 feet; (three) thence
South 38 degrees 40 minutes 34 seconds West 40.09 feet (39.93 feet – deed); (four) thence South
89 degrees 29 minutes 27 seconds West 400.00 feet; (five) thence South 85 degrees 14 minutes
00 seconds West 269.39 feet to the northeastern corner of the 0.311-acre tract of land granted to
the State of Indiana (Instrument Number 9120033); thence South 89 degrees 29 minutes 27
seconds West 422.00 feet along the northern line of said 0.311-acre tract; thence North 00
degrees 19 minutes 41 seconds East 295.00 feet parallel with the East Line of said Southeast
Quarter; thence North 76 degrees 49 minutes 30 seconds East 322.74 feet; thence North 24
degrees 25 minutes 57 seconds East 260.01 feet; thence North 64 degrees 25 minutes 57 seconds
East 125.75 feet; thence North 00 degrees 19 minutes 41 seconds East 287.82 feet parallel with
said East Line to the southern boundary of said Parcel 1 (all of the remaining courses are along
the boundary of said Parcel 1); thence South 38 degrees 28 minutes 58 seconds East 70.00 feet;
thence South 48 degrees 36 minutes 12 seconds East 46.25 feet; thence South 62 degrees 51
minutes 57 seconds East 66.29 feet; thence North 19 degrees 38 minutes 28 seconds East 39.65
feet; thence North 44 degrees 56 minutes 04 seconds East 52.39 feet; thence South 85 degrees 39
minutes 13 seconds East 68.62 feet; thence North 26 degrees 44 minutes 42 seconds East 62.82
feet; thence South 86 degrees 10 minutes 19 seconds East 373.47 feet to the POINT OF
BEGINNING, containing 17.638 acres, more or less.
Exhibit “A” – Page 2 of 2
Exhibit “A”
(Legal Description)
Exhibit “B” Page 1 of 1
Exhibit “B”
(Concept Plan)
Exhibit “C” Page 1 of 2
Exhibit “C”
(Architectural Character Imagery – Courtyard Homes)
Exhibit “C” Page 2 of 2
Exhibit “C”
(Architectural Character Imagery –Courtyard Homes)
Exhibit “D” Page 1 of 2
Exhibit “D”
(Architectural Character Imagery – Brownstones)
Exhibit “D” – Page 2 of 2
Exhibit “D”
(Architectural Character Imagery – Brownstones)
Exhibit “E” Page 1 of 1
Exhibit “E”
(Architectural Character Imagery – Duplex Homes)
Exhibit “F” Page 1 of 1
Exhibit “F”
(Architectural Character Imagery – Pitched Roof Townhomes)
Exhibit “G” Page 1 of 1
Exhibit “G”
(Architectural Character Imagery – Rooftop Deck Townhomes)
Exhibit “H” Page 1 of 3
Exhibit “H”
(Architectural Standards)
I. Introduction and Procedure:
A. Character Imagery: Applicable Architectural Character Imagery indicating
conceptually the intended architecture and appearance of Dwellings are included
in Exhibit C, Exhibit D, Exhibit E, Exhibit F, and Exhibit G.
II. Building Requirements Applicable to all Lots:
A. Building Orientation.
1. The front door of residential units shall face the public street and the
front wall of the building must generally be parallel with the public
street. The front door shall have a stoop raised minimum twelve (12)
inches above grade. A concrete or paver walkway from stoop to
front sidewalk is required.
2. Buildings adjacent to a site amenity such as a pond or greenspace
shall have the option to face such amenity instead of the public
street.
B. Design Intention.
1. The design intention of the development is to create durable and high
quality housing.
2. Individual units within a larger building shall be distinguishable
from the adjacent units but also share similar materials, patterns, and
colors so that the entire building is harmonious in appearance.
C. Materials.
1. Acceptable exterior siding materials shall include brick, cast stone,
limestone, smooth fiber cement panels, smooth fiber cement lap
siding, smooth fiber cement trim, and vertical-ribbed metal panels.
2. Windows shall be vinyl in manufacturer’s standard color. No
applied grids are allowed. Windows do not need to be framed in
trim or masonry surrounds.
3. Visible roofs shall be asphalt shingle roofing. Low slope roofs that
are not visible can be TPO or EPDM rubber roofing. Porch roofs
can be asphalt shingles or prefinished standing seam metal roofing.
Exhibit “H” – Page 2 of 3
4. Porches and stoops on fronts of buildings shall be masonry or
concrete. Balconies on fronts of buildings shall be metal or fiber
cement. Balconies on rears and sides of buildings shall be metal,
wood, or fiber cement. All handrails at exterior steps shall be metal.
5. Exterior doors, including overhead doors, shall be fiberglass, vinyl,
or painted metal in either smooth or paintbrush texture finish.
6. Rainwater management shall be in prefinished metal scuppers and
gutters with prefinished metal downspouts.
III. Building Requirements Applicable to Brownstone Area:
A. Building Width.
1. Individual residential units shall be a minimum nineteen (19) feet
and a maximum twenty-four (24) feet wide.
2. A maximum of six (6) units may be joined together to form a single
building.
B. Building Height.
1. Buildings shall be maximum four (4) stories and have outdoor living
space as part of the fourth floor.
IV. Building Requirements Applicable to Courtyard Home Area:
A. Building Width.
1. Dwellings shall be a minimum twenty (20) feet and a maximum
twenty-five (25) feet wide exclusive of garages.
2. Garages can be either attached or detached.
B. Building Height.
1. Buildings shall be maximum two (2) stories.
V. Building Requirements Applicable to Duplex Home Area:
A. Building Width.
1. Individual residential units shall be a minimum twenty (20) feet and
a maximum twenty-four (24) feet wide.
Exhibit “H” – Page 3 of 3
2. A maximum of two (2) units may be joined together to form a single
building.
B. Building Height.
1. Buildings shall be maximum two (2) stories.
VI. Building Requirements Applicable to Pitched Roof Townhome Area:
A. Building Width.
1. Individual residential units shall be a minimum twenty (20) feet and
a maximum twenty-four (24) feet wide.
2. A maximum of six (6) units may be joined together to form a single
building.
B. Building Height.
1. Buildings shall be maximum three (3) stories.
VII. Building Requirements Applicable to Rooftop Deck Townhome Area:
A. Building Width.
1. Individual residential units shall be a minimum twenty (20) feet and
a maximum twenty-four (24) feet wide.
2. A maximum of six (6) units may be joined together to form a single
building.
B. Building Height.
1. Buildings shall be maximum four (4) stories and have outdoor living
space as part of the fourth floor.
Exhibit “I” Page 1 of 2
Exhibit “I”
(Green Space and Pedestrian Network Exhibit)
Exhibit “I” – Page 2 of 2
Exhibit “I”
(Green Space and Pedestrian Network Exhibit)
Exhibit “J” Page 1 of 2
Exhibit “J”
(Street and Alley width and cross sections)
Exhibit “J” – Page 2 of 2
Exhibit “J”
(Street and Alley width and cross sections)
Exhibit “K” Page 1 of 1
Exhibit “K”
(Tree Preservation Exhibit)
PASSED 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
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________
2021, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________
2021, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032.
Flora PUD 5 102021 - draft 5.doc