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HomeMy WebLinkAboutPacket 02-21-06 D D D o o D D D D D D D o o o D ID U U CARMEL, INDIANA INDIANA LAND DEVELOPMENT CHANGE IN ZONING CLASSIFICATION 43.6 Acres south of 131 st Street and west of Towne Road Docket No. 05050003Z City of Carmel Plan Commission -February 21, 2006 Applicant: Indiana Land Development Attention: Paul Shoopman Phone: 415-0459 Attorney: Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Telephone: (317)844-0106 ,.-....... /:<!;"~C:ED' " . ..~ , . "':'UU/J DOCS ;" / /' ~----:~.~/ :,' . . ~ /"~ o o o o o o o o o o o o o o o o o o o Table of Contents 1. Explanation. 2. Aerial photograph. A. General B. Adjacent Densities 3. Concept Plan, Landscape Plan, and Tree Preservation Plan 4. Photographs exemplifying types of residences to be built on 61-foot lots. 5. Conceptual artistic renderings exemplifying types of residences to be built on 61-foot lots. 6. Conceptual artistic renderings exemplifying types of residences to be built on alley- accessed 51-foot lots. 7. Photos exemplifying types of townhomes to be built. 8. Detail of entry monumentation, signage, amenity/common areas. 9. Examples of architectural detail. A. Trim sections. B. Chimneys. C. Windows and doors. 10. PUD Ordinance H:1ImId\IndiaDa Land Dev\Carme1-I26th SIn:et Fortunc\Tablc of~.doc D o D D o o o o o D D D D D o o D o o EXDlanation Indiana Land Development is the contract purchaser of 43.6 acres of real estate located just west of Towne Road, between 131 st Street on the north and 126th Street on the south. The real estate is outlined on the aerial photograph included in this brochure. The 43.6 acres form a narrow, rectangular parcel, abutted on the east and west by Sections of the Villages at West Clay. To the immediate east are (i) a high-density single-family section and multifamily section of the Villages at West Clay and (ii) a high-intensity commercial/retail section of the Villages at West Clay. In order to provide transition, Indiana Land Development filed its request for a change in zoning classification from the existing SI district to a PUD District. Following the public hearing before the Plan Commission, there were numerous Special Studies Committee meetings, during which valuable suggestions were received. There were also numerous meetings with concerned residents during which additional input was received. In response to the input from the Special Studies Committee and concerned residents, the proposal was significantly changed to include many meaningful revisions. These are embodied in the enclosed exhibits. A summary of the revisions follows: I. Per the request of an adjacent neighbor, the buffer along the western boundary was enhanced. 2. Per the request of an adjacent neighbor, the entrance from 126th Street was moved to the east. 3. Tree preservation was significantly increased, in part to save large clusters of oak trees located in the northern area of the real estate. 4. Per the enclosed illustrations, a central amenity area was included, along with a tot lot. Further to the recommendations of the Special Studies Committee, Indiana Land Development committed that improvements in the common area would be at least equal in value to what is represented on the illustrations. 5. Density was reduced from 4.2 per acre to 2.98 per acre. 6. Architectural standards and price points were increased. 7. The text of the PUD was enhanced so that it more accurately corresponded to the elevations and price points. 8. The commercial area was eliminated. Considering these revisions, on February 7, 2006, the Special Studies Committee forwarded this matter to the Plan Commission with a favorable recommendation. We look forward to presenting this to you on February 21,2006. Respectfully submitted, NELSON & FRANKENBERGER C"'~:.:.:::5~,~ /L-4- ~ Charles D. Frankenberger o o D ~ ~ D D D Q D o ~ o D D D D D o c::=- CI c::;;II c::::3 ClI GJI CI ca c:;;JI G3 I,,,'" c::I (3 Gill CI c:::J ClI ClI C3 D D ~ ~ ij ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , \;. ~ t: t~!."'., ....it.\:~' " < ~ - .,. 'iI ~" i~..0:;'il!;j T~E~E'~':;~VATION -~::- ~:W"I'J1;' ~.. - '" 1 J 1ST R E ET "< .. ;" -}" .....................I:;:;............"................ar ,,,1. -~ i!. ~~..... ~ .. :;: ~~ "'t,~ "'Iiii! """ ~ ~.."" .. ,. SUB-AREA 'A' AREA: TOWNHOMES: TOTAL UNITS: +1-7.84 AC 38 UNITS 380U SUB-AREA 'B' AREA: SINGLE FAMilY: TOTAL UNITS- +1-3S..76AC 91 UNITS 91 DU OVERALL: GROSS SITE AREA: EXISTING ZONING: PROPOSED ZONING: +1- 43.6 AC 5-1 PUD TOTAL UNITS: D D D D D D D o o o o o D D o o 8 :~ o o o ~=~~G CliEOtfDBY. 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II ~ I .~ ~ I ~ ~ i ~ ~ ~ ~ ~ i o o o o o o o o o o o D o D o o o o o Sponsor: Councilor ORDINANCE NO. FORTUNE PLANNED UNIT DEVELOPMENT DISTRICT 2/9/2006 D o o D o D D D o o o o o o o o o o o TABLE OF CONTENTS AND SCHEDULE OF EXHIBITS TABLE OF CONTENTS ~ Section 1. Applicability of Ordinance ................................................................................................. 4 Section 2. Planning Principles ....... ......... ..................... ....... .............. ......... ...... .......... ......................... 4 Section 3. Permitted Primary Uses ...................................................................................................... 5 Section 4. Street Design and Open Space ........................................................................................... 6 Section 5. Single Fmnilv Standards - Subarea B................................................................................. 7 Section 6. Town Home Standards - Subarea A................................................................................. 1 0 Section 7. Platting.................................. ................................................................................ 14 Section 8. Approval Process ........... ......................... ........ .... ...... ..... ........ ............... .............. ....... ....... 14 Section 9. Definitions and Rules of Construction ........................................................................15 Section 10. Violations. ........... ......... ......................... ............ ...... .......... ............... .......... ....... .............. 18 2 2/9/2006 o o o o o o D D o D D D D D o D D D o SCHEDULE OF EXHIBITS A Legal Description of Real Estate B Conceptual Plan C Street Standards D Elevations identifying intended architectural style of detached single family residences E Elevations identifying intended architectural style of Town Home F. Landscape Plan G. Tree Preservation Plan 3 2/9/2006 D D o D D D o D D D D D D D o D D o o Sponsor: Councilor ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE FORTUNE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z-289 (the "Carmel Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements oflC. ~ 36-7-4-1500 et seq.; WHEREAS, the Carmel Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Fortune Ordinance") which establishes a Planned Unit Development District (the "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., it adopts this Fortune Ordinance, as an amendment to the Carmel Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Fortune Ordinance and its exhibits are inapplicable to the use and development of the Real Estate, (Hi) all prior commitments pertaining to the Real Estate shall be null and void and replaced and superseded by this Fortune Ordinance, and (iv) this Fortune Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 Apolicability of Ordinance: Section 1.1 The Official Zoning Map of the City of Carmel, a part of the Carmel Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known as Fortune. Section 1.2 Development in the District shall be governed entirely by (i) the provisions of this Fortune Ordinance and its exhibits, and (ii) those provisions of the Carmel Zoning Ordinance specifically referenced in this Fortune Ordinance. In the event of a conflict between this Fortune Ordinance and the Carmel Zoning Ordinance or the Sign Ordinance, the provisions of this Fortune Ordinance shall apply. Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel Zoning Ordinance in effect on the date of the enactment of this Fortune Ordinance. Section 2 Planning Principles: This Fortune Ordinance is designed and planned to evoke a sense of community typically found in older neighborhoods by producing a pedestrian-friendly 4 2/9/2006 D o D o o o D o D o o o D D o o D o D environment, a mix of residential and recreational land uses, and a respect for the natural environment. 2.1 This Fortune Ordinance is a comprehensive planning and design development tool intended to insure that the community infrastructure is an integrated system, and will be a guide for the work of land developers, design consultants, builders, and the City in such a way that development, though incremental, does not become fragmented. 2.2 Neighborhood Parks: The neighborhood has identifiable nodes that can be small landscape parks, squares, or open space. Community open spaces close to most dwellings create meeting places for residents and children that provide a setting for social interaction. 2.3 Pedestrian Connectivity: The neighborhood is designed for walkable and pedestrian friendly connections within the community and to adjacent communities. All neighborhood streets have sidewalks that provide convenient routes to parks. Sidewalks and park trails connect to The Villages of West Clay commercial center and its residential neighborhoods through parks or along neighborhood streets. Sidewalk connections to 131 st street and 126th street provide for walkable routes to and along these major roadways. 2.4 Streets: The design of the streets is key to a pedestrian friendly neighborhood design. Streets are shaded by street trees to create an environment that favors the pedestrian and encourages bicycling. Front porches on the homes are permitted to provide an open living room to encourage neighborly conversations and add interest to the street. 2.5 Parking: Where possible, garages and driveways are located off of an Alley at the rear of the lot to limit garages on the front of the homes and limit the number of drives from the streets. Guest parking is accommodated in all driveways to both town homes and single family homes. 2.6 Neighborhood Association: A neighborhood association will be established by the developer to provide quality assurance of the community's amenities and homes as the community matures. Section 3 Permitted Primary Uses and Intensities: A portion of the PUD is given the flexibility to be designed with several uses based on market demands. Permitted uses are defined below: 3.1 Sub Area A Permitted Primary Uses (Residential Uses permitted as listed below) . Attached Town Homes . Accessory Dwellings 3.2 Sub Area B Permitted Primary Uses (Residential Uses permitted as listed below) . Detached Single Family Dwellings . Accessory Dwellings 5 2/9/2006 D o o D D D D D D D D D D o o D o o o 3.3 Residential Densities Permitted . Maximum Gross Residential Density for PUD: 2.99 Dwelling Units 1 Acre Subarea A: +1-7.81 acres total - Maximum number of Town Home Units Permitted: 38 Homes Subarea B: +1-35.76 acres total - Maximum number of Single Family Homes Permitted: 92 Homes PERMITfED PRIMARY USES & INTENSITIES Existing Zoning S-l Residential District (Carmel/Clay Zoning) Proposed Zoning PUD Gross Site Area: +/-43.6 AC SUB AREA A # of Units 38DU Area +1-7.81 AC SUBAREAB # of Units 92DU Area +1-35.76 AC TOTAL AREA # of Units 130 DU Density 2.99 DU/A Section 4 Street Design and Open Space. 4.1 Street Design . Public ROW shall be designed in coordination with the City of Carmel Public Works. . All internal neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is considered a traffic calming device and will help promote safe streets for pedestrians. . All streets shall have sidewalks to provide a pedestrian friendly environment with a minimum width of5' within the public Right-of-Way. . All streets shall meet the design standards in Exhibit C - Neighborhood Street Sections. 4.2 Community Open Space . Community Open Space shall be provided at a minimum of 15% of the gross development area. . Community Park: A community park shall be provided and will include two (2) of the following: (to be determined by the developer) 1. Tennis court 2. Playground area 6 2/9/2006 o o o o o D D o D D o D D o D D o D D Section 5 4.3 3 . Volleyball court 4. Basketball court . The existing tree canopy of the community is critical to the character and design of the master plan. . Existing trees to be preserved should be protected to the drip line of the tree. Tree protection shall meet or exceed the requirements of the City of Carmel. . Canopy trees shall be planted, as street trees, with a minimum 2S' Caliper for each 50 feet of park street frontage. Trees to be planted within the right-of-way. . In addition to street trees, community parks shall have four canopy trees with a minimum 2.5" Caliper, or two understory trees with minimum 1.5" Calipers, for every acre of open space. . Landscape beds should be mulched to insure plant survivability and reduce water requirements. Community Buffers and Landscape . Attached hereto and incorporated herein by reference as Exhibit F and Exhibit G are the applicable Landscape Plan and Tree Preservation Plan, respectively. . PUD Buffers provided shall meet or exceed the following requirements: 1. Sub Area A. a 25 foot buffer yard from the edge of the ROW for 131 st street (per the Clay Township Thoroughfare Plan). b. Buffer between proposed townhomes and Villages of West Clay Commercial: 10 foot buffer yard along the eastern property line (allowed to overlap 2 feet into the alley easement). This buffer, behind the proposed townhomes, shall be planted with a continuous row of evergreen trees, located 20 feet on center, with a minimum height of 8 feet at the time of planting. The buffer shall not be required if buffer requirements are currently in place for The Villages of West Clay along this edge. 2. Sub Area B a 10 foot buffer yard along the eastern property line (allowed to overlap 2 feet into the alley easement). b. 10 foot buffer yard along the western prop~ line. c. 20 foot buffer yard located north of the 126 Street ROW (per the Clay Township Thoroughfare Plan). Overlap into the drainage and sanitary easements to the north are permitted. . No landscape buffer is required between different home types or uses within the PUD boundary or between similar and/or like uses of adjacent properties. Single Family Standards - Sub Area B: 7 2/9/2006 o o o D D D D o D D D D D o o o D o o Single Family Residential Homes are detached homes on fee simple lots. 5.1 Area RequirementslMinimum Lot Size . Minimum Lot Size for Lots accessed from a public street: 6000 Sq. Ft. . Minimum Lot Size for Lots accessed from an Alley: 5500 Sq. Ft. . Detached homes lot lines are subject to change from conceptual drawing due to various product type. 5.2 Lot Standards . Front Yard Setback: 20' Minimum . Rear Yard Setback to Primary and Accessory Structures: 20' minimum. . Garage Setback: 1. Garages access from the street: 20' min. 2. For Alley Accessed Lots with parking permitted in driveway: Minimum 20 feet from rear property line. 3. For Alley Accessed Lots without parking permitted in driveway: Minimum 20' . . Side Yard Setback: 5' Minimum . Porches and Stoops may extend into the front yard setback by up to seven (7) feet from the property line, but shall not encroach on any utility easement. . Minimum Building Square Footage: 1. Lots between 50 feet and 61 feet in width: 1800 SF minimum 2. Lots greater than 61 feet in width: 1950 SF minimum . Maximum Lot coverage: 75% . Building Height: 1 to 3 stories, not to exceed 40 feet in height. 5.3 Architectural Standards . Single Family Residential Homes planned for this PUD shall be similar in character to the attached photographs in Exhibit D. . Homes should be simple, with basic elements of construction (columns, porches, doors, rafter tails, windows) serving as ornament. They should be built of materials to stand up over time, to age gracefully, and to withstand the elements: sun, rain, wind, and gravity. . Identical house elevations and f~ade colors may not be located directly next to or across from each other. Alternate elevations may be required to minimize monotones or repeated streetscapes. . Building Walls: 1. Simple configurations and solid craftsmanship are favored over complexity or ostentation. 2. Acceptable Exterior Finishes: Brick, Wood Siding (or Cementitious Siding, Hardi-Board or equal), Stone, or Cedar. 3. All exterior walls will be given equal architectural treatment and design. 8 2/9/2006 D D D o o o D D D o o D o D D o o D o 4. Building walls in the same plane may be built of no more than three materials and may change material along a horizontal line, with the heavier material below the lighter material. 5. Strong encouragement is given to designs reflecting masonry fIrst floor with acceptable siding second floors. 6. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. 7. There shall be at least one (1) window on each floor of each side elevation, excluding gables. . Roofs: 1. Acceptable materials: Architectural grade, dimensional fIberglass/asphalt shingles; metal heavy gauge or galvanized standing seam; tile; slate, artifIcial slate, and cedar shake. 2. The minimum roof pitch for all residential homes shall be 5: 12 unless otherwise stated. 3. Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch as long as they are not 20% of the total roof area and have a minimum pitch of 4:12. 4. Gutterboard overhangs shall be a minimum of 12 inches. 5. Gable fly rafter overhangs shall be a minimum of 6 inches. 6. No exposed fIreplace chimney pipes are allowed. . Window and Doors: 1. Windows and doors should be square or vertical in proportion. Transoms may be oriented horizontally with panes that match other opening configurations. 2. All windows shall have window grills. 3. Exterior shutters are permitted and encouraged. 4. All entry doors shall be of designer grade. 5. Masonry row lock is required under all windows on the front elevation where a masonry material is the primary fa~ade material. 6. All windows and doors shall be framed. . Porches: 1. Porches and stoops are permitted. 2. Columns shall be stylistically consistent with the architecture of the primary structure. 3. Decks shall be located only in rear yards. . Garages, Parking, Driveways, and Sidewalks: 1. Parking shall be provided at two parking spaces per dwelling. 2. Each single family detached residence shall have a two car garage to accommodate required parking. 9 2/9/2006 o o o o o o D o o '0 o o o D D o o o o 5.4 3. Guest parking in drive is required on alley accessed homes. 4. The minimum driveway length shall be 20 feet to accommodate guest parking for all residential lots. For alley-loaded residences, the 20' shall be measured from the edge of the alley easement, and for residences with front-loaded garages, the 20' shall be measured from the right-of-way. 5. All neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is considered a traffic calming device and will help promote safe streets for pedestrians. 6. Minimum garage bay width shall be 20'. 7. All garage doors shall Designer Grade. 8. Driveway flares shall not cross the side yard property line and will not interfere with the flare from the adjacent lot's driveway. Lots located on a cul-de-sac are excluded, and crossing driveway flares are permitted. 9. A 3 foot wide minimum sidewalk will be provided at the main entry door of each residence. . ]>CN)ls: 1. Only in-ground pools are permitted. Above ground hot tubs and spas are permitted. 2. Pool decks may encroach into the side and rear yard setbacks no closer than 5 feet to the property line. 3. Pools shall be screened or fences as required to meet all safety requirements. Landscape Standards . Each lot shall plant a canopy tree, as a street tree, with a minimum 2.5" Caliper for each 50 feet of street frontage. Street trees are to be planted within the right-of-way between the sidewalk and back-of-curb. Tree species to be coordinated by the developer. Street trees shall be selected from the City's approved street tree species list. . Each lot shall plant, in addition to a street tree, either one canopy tree with a minimum 2.5" Caliper, or two understory trees with minimum 1.5" Calipers. Tree species should be appropriate to the climate of the City of Carmel, and the location to should be appropriate to the design of the site and location of the home and site appurtenances. . All residential homes shall be provide a minimum of ten (10) shrubs, with a minimum height of 18 inches at the time of planting. . ]>UD Buffer and general open space landscape provided shall meet or exceed the requirements noted on Section 4.3. . No landscape buffer is required between different home types or uses within the Real Estate. . Landscape beds should be mulched to insure plant survivability and reduce water requirements. 10 2/9/2006 o o o o o o o o o o o o o o o o o o o Section 6. 5.5 6.1 6.2 6.3 . Existing trees to be preserved should be protected to the drip line of the tree and should incorporate City of Carmel standards for protection. . Plant composition should employ a compatible variety of plant types in order to build a pleasant transition from property to property. . All landscape and grassed areas shall be within one hundred (100) feet of a hose bib. Lighting . Exterior lighting may not only serve as a strong design element but can also provide direction and safety. . All landscape lighting shall be of a soft and diffused character used to illuminate landscape planting and pathways instead of building surfaces. . Lighting in general should not be conspicuous when light from light fixture is directly visible. The lamping shall be low wattage and from Dusk to Dawn to prevent sharp contrasts from surrounding areas at night. . Security lighting and flood lighting should be directed inward toward the lot and every effort should be made to prevent light pollution to adjacent properties. Security and flood lighting must utilize 90-degree cut-off fixtures to reduce light pollution. Town Home Residential Standards (Permitted within Sub Area A) Town Homes are typically attached homes that have one or more common walls. Town Homes may be sold fee simple or with condominium ownership. Area Requirements/Minimum Lot Size . Minimum Lot Size for Town Home: 2,640 SF Lot Standards . Front Yard Setback: 15' Minimum. . Rear Yard Setback to Primary and Accessory Structures: 20' . Garage Setback: 20' minimum from the alley pavement. . Minimum Building Separation: 5' Minimum . Porches and Stoops: May extend into the front and street comer side yard setback up to seven (7) feet from the property line. . Maximum: Ten (10) Town Homes units per Town Home Building; Minimum: Three (3) town home units per building . Building Height: 1 to 3 stories (42 feet maximum) . Minimum Town Home Square Footage: 1600 SF minimum Architectural Standards . Town Homes Residential Homes planned for this PUD shall be similar in character to the attached photographs or renderings in Exhibit E. . Town Homes should be simple, with basic elements of construction (columns, porches, doors, rafter tails, windows) serving as ornament. 11 2/9/2006 D D o o o D o D o o o D o o D o o D o . They should be built of materials to stand up over time, to age gracefully, and to withstand the elements: sun, rain, wind, and gravity. Front Elevations of town homes should be clearly articulated through architectural details, changes in building materials, off sets in front building facades, and/or vertical design elements to accentuate the individual living units. Building Walls: 1. Simple configurations and solid craftsmanship are favored over complexity or ostentation. 2. Acceptable Exterior Finishes: Brick, Wood Siding (or Cementitious Siding, Hardi-Board or equal), Stone, or Cedar. 3. All exterior walls will be given equal architectural treatment and design. 4. Building walls in the same plane may be built of no more than four materials and may change material along a horizontal line, with the heavier material below the lighter material. 5. Strong encouragement is given to designs reflecting masonry first floor with acceptable siding second floors. 6. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. 7. At least 50% masonry is required on all front elevations of town homes, excluding doors, windows, cantilevered areas, bay windows, and areas which in the sole determination of the Builder cannot support brick, such as the living area above the garage or the area above a garage door with a shed roof . . Roofs: 1. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt shingles; metal heavy gauge or galvanized standing seam; Tile; Slate and artificial slate 2. The minimum roof pitch for all residential homes shall be 5:12 unless otherwise stated. 3. Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch as long as they are not 20% of the total roof area and have a minimum pitch of 3: 12. 4. Gutter board overhangs shall be a minimum of 12 inches. 5. Gable fly rafter overhangs shall be a minimum of 6 inches. 6. No exposed fireplace chimney pipes are allowed. . Window and Doors: 1. Windows and doors should be square or vertical in proportion. Transoms may be oriented horizontally with panes that match other opening configurations. 2. All windows shall have window grills. 12 2/9/2006 D D D o D o o D o D o D o D o o o o o 6.4 3. Exterior shutters are pennitted and encouraged. 4. All entry doors shall be of designer grade. 5. Masonry row lock is required under all windows on the front elevation where a masonry material is the primary fa~ade material. 6. All windows and doors shall be framed. . Porches: 1. Porches and stoops are permitted. 2. Columns shall be stylistically consistent with the architecture of the primary structure. 3. Decks shall be located only in rear yards. . Garages, Parking, Driveways, and Sidewalks: 1. Parking shall be provided at two parking spaces per dwelling. 2. Each single family detached residence shall have a two car garage to accommodate required parking. 3. Guest parking in drive is required on alley accessed homes. 4. The minimum driveway length shall be 20 feet, measured from the alley easement, to accommodate guest parking for all residential lots. 5. All neighborhood streets shall accommodate informal on-street parking. The informal parking that occurs (in these non-striped areas) is considered a traffic calming device and will help promote safe streets for pedestrians. 6. Minimum garage bay width shall be 20' . 7. All garage doors shall Designer Grade. 8. Driveway flares shall not cross the side yard property line and will not interfere with the flare from the adjacent lot's driveway. Lots located on a cul-de-sac are excluded, and crossing driveway flares are pennitted. 9. A 3 foot wide minimum sidewalk will be provided from the main entry door of each residence to the public sidewalk. Landscape Standards . Each building shall have a canopy tree, as a street tree, with a minimum 3" Caliper for each 50 feet of street frontage. Street trees are to planted within the right-of-way. Tree species to be coordinated by the Developer. Street trees shall be selected from the City's approved street tree specias list. . Each building shall have, in addition to a street tree, either one canopy tree with a minimum 2.5" Caliper or two understory trees with minimum 1.5" Calipers for each 40 feet of total building width. Tree species should be appropriate to the climate of the City, and the location to should be appropriate to the design of the site and location of the home and site appurtenances. 13 2/9/2006 D D o o o D D D D D D D D o o D D o o . Each town home building shall be provided with ten (10) shrubs per town home unit, with a minimum height of 18 inches at the time of installation. . PUD Buffer and general open space landscape provided shall meet or exceed the requirements noted on Section 4.3. . No landscape buffer is required between different home types or uses within the PUD boundary. . Landscape beds should be mulched to insure plant survivability and reduce water requirements. . Existing trees to be preserved should be protected to the drip line of the tree and should incorporate City of Carmel standards for protection. . Plant composition should be employ a compatible variety of plant types in order to build a pleasant transition from property to property. . All landscape and grassed areas to be within one hundred (100) feet of a hose bib. 6.5 Lighting . Exterior lighting may not only serve as a strong design element but can also provide direction and safety. . All landscape lighting shall be of a soft and diffused character used to illuminate landscape planting and pathways instead of building surfaces. . Lighting in general should not be conspicuous when light from light fixture is directly visible. The lamping shall be low wattage and from Dusk to Dawn to prevent sharp contrasts from surrounding areas at night. . Security lighting and flood lighting should be directed inward toward the lot and every effort should be made to prevent light pollution to adjacent properties. Security and flood lighting must utilize 90-degree cut-off fixtures to reduce light pollution . Each Town Home shall have a lit entry. If covered porch is provided, then an overhead lamp should be provided from the ceiling of the porch; if no covered porch is provided, then fixtures should be mounted on either side of the door. . Alley ways shall be lighted by lamps mounted on either side of the garage doors. At the Developer's discretion the lights may be timer controlled or motion sensor controlled. Section 7. Platting and Subsequent Approvals: The platting of Sub Area B shall be required. Platting of Sub Area A shall be permitted, but shall not be required; provided, however, that so long as the proposed plat complies with the area requirements set forth in Section 6 above for residential development, the creation, by reason of platting, of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified above in Section 6 for the entirety of the Real Estate. 7.1 Conceptual Plan. What is attached hereto and incorporated herein by reference as Exhibit B shall serve as the conceptual plan (the "Conceptual Plan") of the Real 14 2/9/2006 o o o o o o o o o o D o o D D o o o D Section 8. 7.2 7.3 8.1 8.2 Estate. The Conceptual Plan allocates the real estate into sub-area A ("Sub-Area A") and sub-area B ("Sub-Area B"). Plat Approval of Sub-Area B. The Conceptual Plan constitutes the approved primary plat of Sub-Area B and, as such, the Developer shall not be required to return to the Plan Commission for primary plat approval of the Sub-Area B. The Director shall have sole and exclusive authority to approve, with our without conditions, or to disapprove any secondary plat of Sub-Area B; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the secondary plat that is in substantial conformance with Sub-Area B of the Conceptual Plan. DP/ ADLS Approval of Sub-Area A. Attached hereto and incorporated herein by reference as Exhibit E are the elevations illustrating the intended architectural style of the residences planned for the Real Estate shall be similar in character to such elevations. The Developer shall be required to return to the Plan Commission for DP/ADLS approval with respect to Sub-Area A and the Townhomes, but not for Sub-Area B or the detached single-family residences. Definitions and Rules of Construction: General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this 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" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Definitions. In addition to defined words and terms found in other sections of this Fortune Ordinance, the following defInitions shall also apply throughout this Fortune PUD: A. Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. C. ADLS: Architecture, design, exterior lighting, landscaping, and signage. 15 2/9/2006 o o D o o o o o o o o o o D D o o o o D. E. F. Allev: A private street or land providing access to garages through garage doors located in the rear of detached single family homes and/or Townhomes. Building: Any structure which is greater than three (3) feet in height, measured from ground level. Building Height: The vertical distance from the ground level at the main entrance to the highest ridge point of the roof structure. G. BZA: The City's Board of Zoning Appeals. H. Caliper: The diameter of the tree trunk measured 6" from the top of the root ball of the tree. I. City: The City of Carmel, Indiana. J. Commission: The City's Plan Commission. K. Council: The City's Common Council. L. County: Hamilton County, Indiana. M. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. N. Develooment Reauirements. Development standards and any requirements specified in this Fortune Ordinance which must be satisfied in connection with the approval of a Final Development Plan. O. Developer. Indiana Land Development Corporation and/or and its successors and assigns. P. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. Q. Homeowners Association. A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of the . and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. R. ODen Soace: Define Open Space to include all pond and common areas and block areas. 16 2/9/2006 o D D D D D D D D D D D D D D D D o o S. Parcel Coverage: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. T. Right-of-Way: An area ofland permanently dedicated to provide light, air and access. U. Set Back: The least measured distance between a building or structure, excluding, however, porches, patios, and the perimeter boundary of the Real Estate. For purposes of determining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. V. ~: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-I96, as amended. W. Townhome: A single family residence attached to one or more other single family residence(s), each having more than one (1) story. X. Townhome Building: A structure containing Townhomes. Y. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 10. Violations. All violations of this Fortune Ordinance shall be subject to Section 34.0 of the Carmel Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana this _ day of . 2006, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Ronald E. Carter, President Pro Tempore Brian D. Mayo 17 2/9/2006 D D o o o o o o o o o o o o o o o o o Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Richard L. Sharp ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the _ day of . 2005, at 0' clock _.M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this .2005, at o'clock .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Charles D. Frankenberger NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 And By: Greg Gamble Land Design 135 Second Avenue North, Suite 105 Franklin, Tennessee 37064 18 2/9/2006 o o D D D D D D D D D D D D 10 D D o D 19 2/9/2006 D D D o o o o D o D o D o D D D D D D EXHIBIT" A" Lee:al DescriDtion H:\brad\IndiaDa Land Dev\CarmcI-126th SlIcet Fortune\PUD 020906 (6th Rcvisioo).doc 20 2/9/2006