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Home My WebLink AboutPacket for PC 05-16-23 Andrews PUD Rezone Request Docket Number PZ-2023-00o14 PUD REZONE REQUEST CITY OF CARMEL, INDIANA May 16, 2023 Carmel Plan Commission Applicant: Schafer Development, LLC Attorneys: Nelson & Frankenberger, LLC James E. Shinaver, Attorney Jon C. Dobosiewicz, Professional Land Planner TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Map 3. Illustrative Site Concept Plan 4. Townhome Elevations 5. Two-family Elevations 6. Amenity Character Exhibit 7. Open Space Exhibit 8. Andrews PUD TAB 1 EXPLANATION OF REQUEST The applicant, Schafer Development LLC, (“Schafer”), is requesting rezone approval for a planned unit development in order to develop an empty-nester, active-adult for-sale residential community (the “Request”). The subject site includes three (3) parcels of real estate that are under common ownership, which parcels consist of approximately 14.3 acres and are located south of and adjacent to 146th Street, west of Gray Road and east of and adjacent to the Salsbery Brothers landscape company (the “Real Estate”). The Real Estate is currently zoned R-1 Residential and the request seeks approval of the Andrews Planned Unit Development District (the “Andrews PUD”). The Real Estate is shown on the site location exhibit behind Tab 2. Uses surrounding the Real Estate include: (i) to the south is the Gray Oaks community and further south is the Stafford Place community; (ii) to the west is the Salsbery Brothers landscape business; (iii) to the north is 146th Street and on the northside of 146th Street is a self-storage business, a Wabash Valley Power Association substation and at the northwest intersection of 146th and Gray Road is the Bridgewater Marketplace commercial development that includes various retail and business uses; and, (iv) to the east on the southside of 146th Street is an arborist business and a tree and lawn care business, a larger undeveloped parcel is also to the east and further east, at the southeast intersection of Gray Road and 146th Street, is a gas station. The proposed concept plan is included behind Tab 3 and the community will consist of sixty (60) empty-nester, active-adult homes (paired duplex homes and townhomes) that feature the primary bedroom and bathroom on the main level. The proposed builder is Pulte Homes and the Andrews PUD has specific architectural design standards and requirements that all homes must comply with. Further, the Andrews PUD also has specific requirements for the community amenities, including a dog park area and community gardens to be located adjacent to 146th Street, as well as requirements for landscaping, street trees, perimeter buffering and tree preservation and open space requirements. Pulte Homes anticipates that sales prices may be in the $500,000’s. Some items of note regarding the concept plan include, but are not limited to: (i) access to the community from 146th Street will be via a right-in, right-out entrance and street connectivity to the platted stub street into Gray Oaks with additional street stubs for future connectivity to the west and east; (ii) tree preservation easement areas are provided for along the west, south and east perimeters with a tree preservation easement area along the backs of homes on the northern portion of the Real Estate; (iii) the one-and half (1 ½) story paired/duplex homes are located in the central portion of the community and the two (2) story townhomes are located around the perimeters of community; and, (iv) Open Space and amenities areas are provided for in the community. Behind Tab 4 are renderings of the proposed townhome architectural and behind Tab 5 are renderings of the proposed paired duplex home architecture and both home products will consist of primary building materials that will include masonry and fiber cement board (hardi-plank) with window treatment requirements and masonry wainscot on all sides of all elevations. The Andrews PUD includes specific architectural design requirements to ensure that the home design is unique and attractive. Additionally, the standards of the PUD require substantial compliance with home design as shown in Tab 4 and Tab 5. Behind Tab 6 is the Amenity Character exhibit which includes character imagery of the amenities for the community which shall consist of a Dog Park area and Community Garden area. Behind Tab 7 is Open Space exhibit which depicts the locations of Tree Preservation Areas, Open Space Areas and Bufferyard Areas. Behind Tab 8 is the Andrews PUD which includes provisions specifically regulating the development standards and architectural design requirements for the community, including but not limited to: (i) building height and setback standards; (ii) site landscape, foundation landscape, tree preservation and street tree requirements; (iii) parking requirements; and, (iv) and detailed architectural design requirements for each home product offering (Exhibit G to the PUD for the townhomes and Exhibit H to the PUD for the paired duplex homes) regulating building design, orientation and required building materials. Some of the ways in which the Andrews PUD meets the policy goals and objectives of the Carmel Comprehensive Plan (the “Comp Plan”) include, but are not limited to, the following: 1. The proposal fosters and provides a sense of community and neighborhood identity via its layout, dog park area, community garden plots and common area/pond area that should encourage neighbor interaction, contact and relationship building. 2. The empty-nester, active-adult home product (paired duplex homes and townhomes) will provide existing residents of Carmel an option to “right-size” from their existing traditional home to a new home that better suits their lifestyle and allows them to “age in” Carmel as they move through different life stages, while at the same time “freeing up” other existing Carmel homes to the re-sale market that should serve to attract new residents to Carmel and allow existing Carmel families to “move up” within Carmel which would provide younger families an opportunity to backfill the more moderately priced re-sale homes. 3. The location of the Real Estate and site layout should promote and encourage opportunities for the residents of this community to walk or bike to many local businesses by utilizing the multi-use path that runs along 146th Street, which multi-use path also provides a connection to the Hagen-Burke Trail. 4. A “Typical Corridor” as outlined in the Comp Plan, such as 146th Street, should serve as a transition between surrounding uses and should allow for expanded housing options and limited commercial uses. The Andrews PUD fulfils this objective by not proposing a commercial use in an area that is partially surrounded by other commercial and retail uses and by providing expanding housing options with an appropriate residential transition from 146th Street to the residential communities that exist to the south of the Real Estate. 5. While the Comp Plan recommends building heights that are “1 greater than adjacent development pattern”, the Andrews PUD is proposing 1 ½ story paired duplex homes and 2-story townhomes which is more consistent to the building heights of the surrounding residential uses to the south. 6. The Comp Plan recommends managing a community’s form to focus on scale and detailing of building architecture, the public and private spaces between buildings and how they work together to create places for people that are well-designed, safe and attractive. The Andrews PUD accomplishes this objective with its detailed architectural requirements for the proposed home design and thoughtful planning of common spaces, amenities and Open Space areas. 7. The Andrews PUD provides for street and pedestrian connections which help foster a sense of community and lessen arterial vehicular congestion and the proposal continues to establish the link and connectivity to the existing residential communities to the south. 8. By transitioning from 146th Street, the proposal redevelops an in-fill site and helps to improve “neighborhood edges” by providing perimeter tree preservation and bufferyard areas that will continue to blend into the residential communities to the south. 9. The Comp Plan recommends that new developments, including in-fill sites, strive to create unique common areas throughout a development. The Andrews PUD meets this objective by providing common areas that will include a Dog Park area and Community Garden area, both of which are not typically found in most residential communities. 10. The Comp Plan states that Carmel desires the quality of life benefits derived from a variety of housing types, especially along planned transit corridors such as 146th Street, to support shifting housing demands as demographics and workforce needs change. The Andrews proposal provides for a “missing middle’ type of home product that will add to the available housing types currently being offered in Carmel. The proposed community can afford residents with the option of “again in place” due to the 1st floor master bedroom floorplans. Further, because of the pedestrian connections and the retail uses on the northside of 146th Street, the Andrews community will promote walkability by providing opportunities for residents to visit nearby existing retail and commercial amenities. 11. Finally, the Comp Plan encourages different housing types and sizes within a neighborhood to support different household types and economic resiliency. This allows options for existing residents to age in Carmel as they move through different life stages, as well as housing options for new residents to Carmel, both of which add to the character and adaptability of neighborhoods as they mature. We look forward to presenting this request to you on May 16, 2023. Respectfully submitted, ________________ _________________ Jon Dobosiewicz Jim Shinaver TAB 2 Andrews PUD Site Location Map / Aerial Photograph NORTH SITE US 31Gray Road146th Street TAB 3 SITE LEGEND 146TH & GRAY DEVELOPMENTCONCEPT PLAN CARMEL, IN NORTH0'80'40' TAB 4 *Extended Masonry Wainscot TAB 5 Side ElevationRear Elevation TAB 6 Dog ParkCommunity GardenPond Overlook with Seating/Swing TAB 7 April 5, 2023GREY OAKSOPEN SPACE EXHIBIT 146TH & GRAY ROAD, CARMEL, IN0'40'20'80'120'NORTHOPEN SPACE LEGENDSITE SUMMARY TAB 8 Sponsors: Councilor _______ CARMEL, INDIANA Andrews PUD PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-_____-23 May 3, 2023 Version 8 050323 2 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 ......................................................................................9 Section 6. Landscaping Requirements ..........................................................................................9 Section 7. Signage Requirements ...............................................................................................13 Section 8. Additional Requirements and Standards ...................................................................... 13 Section 9. Procedural Provisions ...............................................................................................14 Section 10. Violations and Enforcement .....................................................................................15 Section 11. Exhibits .....................................................................................................................15 Exhibit A Legal Description Exhibit B Concept Plan Exhibit C Architectural Character Imagery – Attached Single-Family Exhibit D Architectural Character Imagery – Side Elevations Exhibit E Architectural Character Imagery – Standard & Enhanced Rear Elevations Exhibit F Architectural Character Imagery – Two-Family Exhibit G Architectural Standards – Single-family Attached Dwellings Exhibit H Architectural Standards – Two-Family Dwellings Exhibit I Open Space Plan and Amenity Character Imagery Note: All of the above Exhibits (A-I) are attached to this Andrews Ordinance, are incorporated by reference into this Andrews Ordinance and are part of this Andrews Ordinance. Version 8 050323 3 Sponsors: Councilor _____ ORDINANCE Z-___-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE Andrews PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the Andrews Planned Unit Development District Ordinance (the “Andrews PUD”). The Ordinance would rezone the real estate from R-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 two-family and single-family attached homes. 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, Schafer Development, LLC a Michigan limited liability company (“Schafer”), 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 Schafer 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 _____ __, 2023 concerning the Schafer application for a PUD District Ordinance, which application was docketed as PZ-2023- 00___ PUD, and WHEREAS, the Plan Commission, at its hearing on _____ __, 2023, has given a _________ Recommendation to this Andrews PUD (the “Andrews Ordinance”), which establishes the Andrews Planned Unit Development District (the “Andrews 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 Andrews Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this Andrews Ordinance and its exhibits are hereby Version 8 050323 4 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 Andrews Ordinance; and, (iv) this Andrews 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 Andrews District. Section 1.2 Development in the Andrews District shall be governed entirely by (i) the provisions of this Andrews Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Andrews Ordinance. Where this Andrews 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 Andrews 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 Andrews Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Andrews 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. Area A Lots: The area identified as “Area A” or “Townhome” on the Concept Plan. Area B Lots: The area identified as “Area B” or “Duplex” on the Concept Plan. Architectural Character Imagery: These comprise the elevations and perspectives, attached hereto as Exhibit C (Architectural Character Imagery – Attached Single- family), Exhibit D (Architectural Character Imagery – Standard & Enhanced Side Version 8 050323 5 Elevations), Exhibit E (Architectural Character Imagery – Standard & Enhanced Rear Elevations), Exhibit F (Architectural Character Imagery – Two-Family), and illustrate the application of the Development Requirements and Architectural standards. The Architectural Character Imagery shall be the basis for the development of final building designs provided all applicable Development Requirements are met, including ADLS Approval. Architectural Standards: The Architectural Standards incorporated herein under Exhibit G (Architectural Standards – Single Family Attached Dwellings) and Exhibit H (Architectural Standards – Two-Family Dwellings). Building: A structure having a roof supported by columns and walls, for shelter, support, or a Dwelling. Common Area(s): Common Areas (open space) shall comprise a parcel or parcels of land, areas of water, or a combination of land and water 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 Open Space 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 Schafer Development, LLC a Michigan limited liability company or the owner of the Real Estate at the time of adoption of the Andrews Ordinance, until such time as Schafer Development LLC a Michigan limited liability company or the owner transfers or assigns, in writing, its rights as Controlling Developer such as to a builder or an Owners Association. “Development Plan Approval” or “DP Approval”: A Development Plan (“DP”) 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 Andrews Ordinance, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Plan Commission: The City of Carmel 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. Overhangs, stoops, steps, and landings, may encroach into the required Minimum Front Yard Setback. The aforementioned encroachments may extend to the front property line as required to access a door to enter the Dwelling. Version 8 050323 6 Sign: Any type of sign as further defined and regulated by this Andrews 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 R1 Residential District of the Zoning Ordinance shall be permitted in the Andrews 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. Area A: Single-Family Attached Dwellings (side by side attached dwellings on individually deeded lots). B. Area B: Two-Family Dwellings (two side by side dwellings on individually deeded lots). C. Model Home(s) as a Temporary Use. D. Common Areas. E. Amenities (public or private dog park, community garden plots, etc.). F. Maximum Dwellings: There shall be no more than forty-six (46) Attached Dwellings and fourteen (14) two-family dwellings permitted within the Real Estate. Section 4.2 Bulk Requirements: A. Area A Lots (Single-Family Attached Dwellings): 1. Minimum Lot Area: Three-thousand and two-hundred (3,200) square feet. 2. Minimum Lot Width at Building Line: Thirty (30) feet. Version 8 050323 7 3. Minimum Lot Width at Right of Way: Twenty (20) feet. 4. Minimum Front Yard Setback: Twenty (20) feet. 5. Minimum Side Yard Setback: Zero (0) feet between attached units and minimum ten (10) foot building separation. 6. Minimum Rear Yard Setback (measured from the perimeter of the Real Estate when applicable):  Fifteen (15) feet.  Forty-five (45) feet for lots adjacent to the south perimeter of the Real Estate. 7. Maximum Lot Coverage: Not applicable. 8. Maximum Building Height: Thirty-five (35) feet. 9. Minimum Living Area: (exclusive of garage, porches, stoops and patios): Two-thousand and six-hundred (2,600) square feet. 10. Maximum number of Dwellings per building: Six (6). B. Area B Lots (Two-Family Dwellings): 1. Minimum Lot Area: Four-thousand and two-hundred (4,200) square feet. 2. Minimum Lot Width at Building Line: Forty-three (43) feet. 3. Minimum Lot Width at Right of Way: Twenty (20) feet. 4. Minimum Front Yard Setback: Ten (10) feet (measured on the front door side of the dwelling). 5. Minimum Side Yard Setback: Zero (0) feet between attached units and minimum ten (10) foot building separation. 6. Minimum Rear Yard Setback: Twenty (20) feet (measured on the garage door side of the dwelling). 7. Maximum Lot Coverage: Not applicable. Version 8 050323 8 8. Maximum Building Height: Thirty-five (35) feet. 9. Minimum Living Area: (exclusive of garage, porches, stoops and patios): One-thousand and eight-hundred (1,800) square feet. 11. Maximum number of Dwellings per building: Two (2). 12. Dwelling Orientation: Dwellings shall face the Street and shall provide a sidewalk connection from the front door to the sidewalk at the street. Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Andrews Ordinance. Section 4.4 Applicable signage requirements are contained in Section 7 of this Andrews Ordinance. Section 4.5 Applicable additional requirements and standards are contained in Section 8 of this Andrews Ordinance. Section 4.6 Architectural Standards: A. Architectural Character Imagery: The applicable Architectural Character Imagery, indicating the intended architecture and appearance of Dwellings are contained within Exhibit C, Exhibit D, Exhibit E and Exhibit F. B. Dwelling Architecture: Applicable architectural requirements and standards are contained in Exhibit G (Architectural Standards – Single-Family Attached Dwellings) and Exhibit H (Architectural Standards – Two-Family Dwellings) of this Andrews Ordinance. Section 4.7 Lot Lighting: All Dwellings shall have either (i) light fixtures flanking the garage door or (ii) a minimum of two (2) goose neck lights above the garage door both light options equipped with a photocell so the light is on from dusk to dawn and (iii) lights at the front door of the dwelling (can be either wall-mounted or can lights above). Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way) shall be provided and shall comply with Section 7.33: Townhouse Subdivision Street Lighting Standards of the UDO. Section 4.9 Parking: Version 8 050323 9 A. Four (4) spaces are required per Dwelling. Parking Spaces within driveways and/or garages shall count toward required parking on each lot. B. On street parking (within public rights-of-way) or additional parking within common areas shall be provided as generally illustrated on the Concept Plan. C. Driveways designed to permit parking shall be a minimum of twenty (20) feet in length as measured from the street and/or alley right of way and vehicles shall not be parked in a location that encroaches onto a sidewalk or alley. D. Driveways shall be concrete. E. Short-term Bicycle Parking: Bicycle parking will be provided at a ratio 0.1 spaces for each bedroom within an attached townhome dweling. The parking stalls will be clustered in two (2) or more locations to make access convenient. Parking areas will meet design requirements as written in Section 5.29 of the UDO. Section 5. Common Area Requirements. Common Area shall be in the areas generally identified on the Concept Plan. Section 5.1 Open Space Standards. The development shall contain a minimum of 2.17 acres of Open Space (approximately fifteen (15) percent) between 146th Street and individual Lots as depicted on the Open Space Plan under Exhibit I. In total there is approximately twenty-three (23) percent of the Real Estate included in Open Space. A. Open Space shall be provided in areas as generally depicted on the Open Space Plan provided under Exhibit I including tree preservation areas, open space area, buffer yard area and transmission line easement area. B. The transmission line easement area be left in the natural condition which exists today subject to any maintenance requirements included in the easement. The Open Space calculation shall include all of the transmission line easement. Section 5.2 Amenities: A Dog Park and Community Garden shall be required within the two open space areas adjacent to 146th Street. The character of the amenities is generally illustrated on Exhibit I and detailed below: A. The Dog Park shall be a minimum of 1/3 acre enclosed by a black ornamental metal fence a maximum of 5’ feet in height, including doggy waste stations, seating/benches, and a trash can. B. The Community Garden shall be a minimum of twenty (20) raised planting beds and include a compost box. Version 8 050323 10 Section 6. Landscaping Requirements. Landscaping shall comply with the following standards: Section 6.1 Landscape Plan. Landscaping shall be integrated, where appropriate, with other functional and ornamental site design elements (e.g. hardscape materials, entryway documentation, paths, sidewalks, natural areas, fencing or water features). A detailed landscape plan showing the size, location and variety of all plantings within the project site shall be submitted and approved. Landscaping shall substantially comply with the following general standards: A. The Landscape Plan shall be submitted electronically (portable document format (PDF) or equivalent) and also on paper sheets not smaller than eleven (11) by seventeen (17) inches, and not larger than twenty-four (24) by thirty- six (36) inches. B. The Landscape Plan shall exhibit a design that is integral and coordinated with other corresponding improvements for the site and which clearly demonstrates the function, location, size and scale of plants in relation to buildings and other site improvements, and to minimize conflicts with commercial signage. (See City of Carmel’s Sign Ordinance Visual Guide – Available from the Department of Community Services. C. The Landscape Plan shall be drawn to scale, including dimensions and distances, and drawn to correspond with all existing and planned buildings and other physical improvements, including overhead and underground utilities. D. The Landscape Plan shall identify locations of all current and proposed utilities and service areas, including: ground level mechanical equipment, HVAC compressors, telecommunication equipment, electrical transformers, utility meters, public approaches and any adjoining residential zones. E. The Landscape Plan shall include graphic planting details for trees, shrubbery, and ground cover/ornamental grass. (See City of Carmel’s Graphic Planting Details – Available from the Department of Community Services). F. The Landscape Plan shall include a schedule of plants: including a symbol key, botanical name, common name and shall delineate the size, container type, description and quantity of all plant material. G. The Landscape Plan shall identify locations of new plant material with keyed symbols. H. The Landscape Plan shall identify existing vegetation to remain by botanical name and size. Version 8 050323 11 Section 6.2. 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 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 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 Andrews Ordinance, to ensure proper maintenance of landscaping in accordance with the Andrews 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 6.3. Areas to be landscaped. A. Street Trees. Version 8 050323 12 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 at a rate of one (1) tree per lot 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 6.3.B. 2. Street Trees shall be a minimum of 10’ from a driveway. In the event the tree cannot be viably planted, the tree may be relocated elsewhere on the adjacent lot or common area. 3. 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. B. Foundation and Lot Planting Standards. The following planting requirements apply to all Dwellings: 1. Lots shall have a minimum of one (1) shade tree in each Front Yard. In the event the tree cannot be viably planted, the tree shall be relocated elsewhere on the lot. 2. Lots shall have a minimum of eight (8) shrubs and/or ornamental grasses along each Dwelling foundation facing the street. C. Common Areas: 1. In areas where grading and development activity allow for the preservation of existing native trees with a dbh of over 4-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 be provided for every fifty (50) lineal feet of walk. 2. A minimum of ten (10) trees per acre shall be provided in common areas including preserved and additional trees planted as shown on the Landscape Plan. D. Native Vegetation Areas: Native vegetation shall be provided along the perimeter of the pond as illustrated on the Concept Plan. Areas designated for native vegetation, to comply with Stormwater Management Requirements, must be protected from regular mowing and shall be maintained in accordance with the project’s Stormwater Operation and Maintenance Manual. E. Perimeter Buffer yards and Landscaping: Version 8 050323 13 1. Eastern perimeter: There shall be a minimum 10-foot buffer yard that contains a minimum of five (5) shade or evergreen trees and one (1) ornamental tree per 100 lineal feet. Any native trees that are preserved will count toward the minimum number of trees required if they are over 4- inch dbh. 2. Western perimeter: There shall be a minimum 15-foot buffer yard from the western property lines that contains a minimum of five (5) shade or evergreen trees and one (1) ornamental tree per 100 lineal feet. Any native trees that are preserved will count toward the minimum number of trees required if they are over 4-inch dbh. Landscaping commitments made by the adjacent landowner (recorded as commitments under Hamilton County Recorder instrument #2020036736) shall be satisfied and all trees shall count toward the tree planting requirements. These plantings shall be included on the Landscaping Plan submitted with the Primary Plat. 3. Northern (146th Street) perimeter: The northern perimeter buffer yard shall meet the UDO buffer yard “C” planting requirements. 4. Southern perimeter: There shall be a minimum thirty (30) foot buffer yard from the southern property line made up of a tree preservation area which shall meet the UDO buffer yard “C” planting requirements including supplemental plantings where required to meet this standard. When grading and drives allow, this buffer will be widened to the extent possible. 5. Drainage infrastructure and swales/grading shall be permitted within the buffer yards. Drainage Easements are permitted to overlap. 6. The power transmission line easement that crosses the Real Estate may restrict plantings. In this event only planting permitted in the easement area shall be required. Section 6.4 Tree Preservation. Tree Preservation as illustrated on the Open Space Plan shall be required as generally illustrated on the Concept Plan. Tree Preservation areas shall be regulated and maintained in accordance with the Tree Preservation Area standards described below: A. Best management practices for a tree preservation area: 1. Trees to be preserved shall be those approved by the Urban Forester. 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.) Version 8 050323 14 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 common areas, provided that (i) all attempts be made to avoid routes that would ultimately damage healthy hardwood tree species with a dbh 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. 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 City of Carmel. Version 8 050323 15 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 Chapter 5.39 – Sign Standards of 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. Rights-of-way standards. A. The required right-of-way for 146th Street shall be the existing right-of-way. B. Internal streets shall be public and include a 56-foot right of way width. Section 8.3. Sidewalks and Pedestrian Amenities. A. A five (5) foot wide sidewalk shall be required along both sides of all internal streets. B. Internal paths shall be installed within the common areas as generally shown on the Concept Plan. C. A Community Area including pedestrian amenities and landscaping shall be provided, an example of which is generally illustrated on Exhibit I (Open Space and Amenity Character Imagery). All benches shall be constructed of metal. 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 unless otherwise provided for in this Andrews Ordinance for only the street connection to 146th Street. Version 8 050323 16 Section 9. Procedural Provisions. Section 9.1. Primary Plat. A. Primary Plat (“PP”) approval shall be required prior to the issuance of an Improvement Location Permit to determine if the PP satisfies the Development Requirements specified within only this Andrews 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. 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. D. Architectural design, exterior lighting, landscaping and signage (“ADLS”) approval by the Plan Commission, as prescribed in UDO, shall be required for all dwellings to determine that they satisfy the Development Requirements specified within this Andrews Ordinance. E. If there is a Substantial Alteration in any approved PP 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. 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 Andrews 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 wavier of the provisions of this Andrews 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 Andrews Ordinance, subject to the procedures prescribed in the UDO. Version 8 050323 17 Section 10. Violations and Enforcement. All violations and enforcement of this Andrews Ordinance shall be subject to the requirements of the UDO. Section 11. Exhibits. All of the Exhibits (A-I) on the following pages are attached to this Andrews Ordinance, are incorporated by reference into this Andrews Ordinance and are part of this Andrews Ordinance. The remainder of this page is left blank intentionally. Exhibit “A” – Page 1 of 3 Exhibit “A” (Legal Description) Parcel I: (Tax ld. No.: 11-10-20-00-00-010.000/29-10-20-000-010.000-018) A part of the West Half of the East Half of the Northeast Quarter of Section 20, Township 18 North Range 4 East, Clay Township, Hamilton County, Indiana, being described as follows: Commencing at the railroad spike at the Northeast corner of the Northeast Quarter of Section 20, Township 18 North, Range 4 East; thence North 89 degrees 22 minutes 12 seconds West (assumed bearing) 913.90 feet on and along the North line of said Northeast Quarter; thence South 00 degrees 10 minutes 50 seconds East 66.61 feet parallel with the West line of the East Half of said Northeast Quarter to a 5/8" iron rod yellow cap stamped Miller Surveying on the South right-of-way line of 146th Street, said 5/8" iron rod with yellow cap stamped Miller Surveying also being the point of beginning of the tract of real estate herein described; thence South 00 degrees 10 minutes 50 seconds East 941.21 feet, more or less parallel with the West line of the East Half of said Northeast Quarter to a 5/8 iron rod with yellow cap stamped Miller Surveying on the North line of25 acres off the South end of West Half of the East Half of said Northeast Quarter; thence South 89 degrees 21 minutes 10 seconds East 312.72 feet on and along the North line of said 25 acre tract to a 5/8" iron rod with yellow cap stamped Miller Surveying on the East line of the West Half of the East Half of said Northeast Quarter; thence North 00 degrees 13 minutes 24 seconds West 941.31 feet, more or less on and along the East line of the West Half of the East Half of said Northeast Quarter to a 5/8" iron rod with yellow cap stamped Miller Surveying on the South right-of-way line of 146th Street; thence North 89 degrees 22 minutes 12 seconds West 312.02 feet to the Point of Beginning. Containing 6.149 acres, more or less. Parcel II: (Tax Id. No.: 17-10-20-00-00-010.001/29-10-20-000-010.001-018) Part of the Northeast Quarter of Section 20, Township 18 North, Range 4 East, in Hamilton County, Indiana, described as follows: Beginning on the North line of the Northeast Quarter of Section 20, Township 18 North, Range 4 East 913.90 feet North 89 degrees 59 minutes 54 seconds West (assumed bearing) from the Northeast corner thereof; thence North 89 degrees 59 minutes 54 seconds West on said North line 350.00 feet to the West line of the East Half of said Northeast Quarter; thence South 00 degrees 49 minutes 00 seconds East on said West line 990.00 feet; thence South 89 degrees 59 minutes 54 seconds East parallel with said North line 350.00 feet; thence North 00 degrees 49 minutes 00 seconds West parallel with said West line 990.00 feet to the place of beginning, containing 7.95 acres, more or less. EXCEPTING THEREFROM: A part of the East Half of the Northeast Quarter of Section 20, Township 18 North, Range 4 East, Hamilton County, Indiana, described as follows: Beginning at the Northwest corner of said Half Quarter Section; thence South 89 degrees 22 minutes 12 seconds West 106.68 meters (350.00 feet) along the North line of said Half Quarter Section to the Northeast corner of the owners' land; thence South 0 degrees 15 minutes 49 seconds East 19.00 meters (62.34 feet) along the East line of the owners' land to Point "601" designated on said plat; thence parallel with the North line of said Half Quarter Section North 89 degrees 22 minutes 12 seconds West 106.68 meters (350.00) feet to the West line of the owners' land and Point "600" designated on said plat; thence North 0 degrees 15 minutes 49 seconds West 19.00 meters (62.34 feet) along said West line to the point of beginning and containing 0.2027 hectares (0.500 acres, more or less. Parcel III: (Tax Id. No.: 17-10-20-00-00-010.002/29-10-20-000-010.002-018) Exhibit “A” – Page 2 of 3 Part of the East Half of the Northeast Quarter of Section 20, Township 18 North, Range 4 East 990.0 feet South 00 degrees 49 minutes 00 seconds East (assumed bearing) from the Northwest corner of said East Half; thence South 89 degrees 59 minutes 54 seconds East parallel with the North line of said East Half 350.00 feet; thence South 00 degrees 49 minutes 00 seconds East parallel with said West line 16.54 feet to the North line of25 acres off the entire South end of the West Half of the East Half of said Northeast Quarter; thence North 89 degrees 58 minutes 09 seconds West on said North line parallel with the South line of said Northeast Quarter 350.00 feet to the West line of said East Half; thence North 00 degrees 49 minutes 00 seconds West on said West line 16.37 feet to the place of beginning, containing 0.13 acres, more or less. Exhibit “A” – Page 3 of 3 Exhibit “A” (Legal Description) Exhibit “B” Page 1 of 1 Exhibit “B” (Concept Plan) Exhibit “C” Page 1 of 3 Exhibit “C” (Architectural Character Imagery – Townhomes) Exhibit “C” Page 2 of 3 Exhibit “C” (Architectural Character Imagery – Townhomes) Exhibit “C” Page 3 of 3 Exhibit “C” (Architectural Character Imagery – Townhomes) Exhibit “D” Page 1 of 1 Exhibit “D” (Architectural Character Imagery – Side Elevation) All Side Elevations will include masonry wainscot Exhibit “E” Page 1 of 1 Exhibit “E” (Architectural Character Imagery – Standard & Enhanced Rear Elevations) Standard Rear Elevation Requirements: Standard rear elevations, an example of which is shown above, shall include masonry wainscot as illustrated in red in the above and below exhibits) **End units shall have rear gable. Interior unit gables shall be provided at the sole discretion of the Developer and are dependent on floor plan/options selected. ** Enhanced Rear Elevation Requirements: Enhanced rear elevations, an example of which is shown above, shall add dormer(s) and siding treatment in gables (where gables are required per standard rear elevation requirements) **Enhanced rear elevations shall be provided on two (2) buildings with rear elevations oriented toward the powerline easement/ 146th Street** Exhibit “F” Page 1 of 2 Exhibit “F” (Architectural Standards – Two-Family Dwellings) **Examples of architectural styles/features. Elevation options to be paired based on roof design** Exhibit “E” – Page 2 of 2 Exhibit “F” (Architectural Standards – Two-Family Dwellings) Side elevation to include masonry wainscot (see Exhibit H for details) and gable siding treatment (if applicable based on gable material used on front elevation). Rear elevation to include masonry wainscot (see Exhibit H for details) and gable siding treatment (if applicable based on gable material used on front & side elevations). Exhibit “G” Page 1 of 2 Exhibit “G” (Architectural Standards – Single-Family Attached Dwellings) I. Character Imagery: Applicable Architectural Character Imagery indicating the architecture and appearance of Single-Family Attached Dwellings are included in Exhibit C, Exhibit D, Exhibit E. All Single-Family Attached Dwellings on the Real Estate shall be developed in substantial compliance with the associated Architectural Character Imagery subject to ADLS Approval by the Plan Commission. II. Building Requirements Applicable to all Lots: A. Design Intention. 1. 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. 2. All units in the same building shall be offset from adjacent units by a minimum one (1) foot from the front façade of the main body of the unit. 3. Building Height: Buildings shall be a maximum two (2) stories. B. Materials. 1. Acceptable exterior siding materials shall include brick, stone, cast stone, limestone, fiber cement, wood, and engineered wood. Vinyl shutters, aluminum facia, aluminum soffits, aluminum downspouts/gutters shall be permitted. 2. All buildings shall have a masonry (brick or stone) wainscot along all elevations (front, side and rear) of the dwelling buildings. 3. Windows shall be vinyl in manufacturer’s standard color (black or white). Windows shall be framed in one (1) by four (4) inch nominal trim unless set in masonry and no window shall be a blackout window. 4. There shall be a minimum of four (4) windows and/or doors per dwelling unit on each exterior wall. 5. Visible roofs shall be asphalt shingle roofing. Porch roofs and other architectural accent areas can be asphalt shingles or prefinished standing seam metal roofing. Exhibit “G” – Page 2 of 2 6. Porches and stoops on fronts of buildings shall be concrete. All handrails at exterior steps shall be metal. Porches, where provided, shall be a minimum of six (6) feet in depth and 30 square feet in area. Columns and/or railings shall be permitted within the six (6) foot area. 7. Exterior doors, including overhead doors, shall be fiberglass, vinyl, or painted metal in either smooth or paintbrush texture finish. 8. Rainwater management shall be in prefinished metal scuppers and gutters with prefinished metal downspouts. C. Enhanced Elevations: 1. The two (2) buildings with rear elevations oriented toward the powerline easement / 146th Street shall be enhanced with additional material variations as depicted in Exhibits E. D. Garages: Garage doors shall include windows and may include hardware. No Garage shall be used or converted into living space and shall accommodate the parking of two (2) vehicles. Exhibit “H” Page 1 of 3 Exhibit “H” (Architectural Standards – Two-family Dwellings) The standards set forth below in this Exhibit H Architectural Standards – Two-family Dwellings apply to all Two-family Dwellings on the Real Estate. Section 1. Character Imagery: Applicable Architectural Character Imagery indicating the architecture and appearance of Two-family Dwellings are included in Exhibit F. All Two-Family Dwellings on the Real Estate shall be developed in substantial compliance with the associated Architectural Character Imagery subject to ADLS Approval by the Plan Commission. This Substantial Compliance provision shall not limit the Developer from introducing elevations not included in Exhibit F provided the elevations are in compliance with all applicable Architectural Standards of this Exhibit H. Section 2. Dwelling Design: A. Permitted Building Materials: Acceptable exterior siding materials shall include brick, stone, cast stone, limestone, fiber cement, wood, and engineered wood. Vinyl shutters, aluminum facia, aluminum soffits, aluminum downspouts/gutters shall be permitted. 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. The same masonry material used on the front of the dwelling shall be used on the side and rear of the dwelling. If more than one (1) masonry material is used on the front elevation then only one (1) of the masonry materials on the front elevation shall be required on the side and rear elevations. B. Minimum Overhang: The primary/main roof overhang or eaves shall be a minimum of eleven (11) inches on all facades of each Building, as measured prior to the installation of any Masonry Materials. C. Garages: 1. All Dwellings shall have a minimum two (2) car attached garage including alley access. 2. Garage doors shall include windows and may include hardware. Garage door colors shall match or compliment either the siding or trim color of the Dwelling. Exhibit “H” – Page 2 of 3 3. All garage doors shall have trim of not less than four-inch (4”) nominal width unless set in masonry. D. Roof Pitch: The minimum primary/main roof pitch shall be 6:12. Other secondary accent roof planes shall not be less than 3:12. E. Front Building Façade Requirements: At a minimum, each Dwelling shall utilize the following architectural elements on the Front Building Façade: 1. The exterior Building Materials shall consist of Masonry Material and two (2) of the following materials: composite/engineered wood trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding. 2. All windows shall have either (i) shutters with trim board sill and cornice or (i) a nominal four-inch (4”) trim board on all sides unless set in masonry. 3. Units shall be offset a minimum of two (2) feet unit to unit. 4. The roof design shall consist of at least one (1) of the following features: hip roof, dormer, Dutch hip, jerkinhead, shed roof accent, cornice returns, multiple gables, or two (2) or more roof planes. 5. The primary/main roof plane between the individual attached units shall be offset. F. Side Building Façade Requirements: At a minimum, the side elevation for each Dwelling shall utilize the following architectural elements: 1. The exterior Building Materials (masonry, composite/engineered wood trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the side elevations as generally illustrated in Exhibit F to coordinate the gable treatments on the side elevation with the front elevation. 2. A minimum of two (2) windows shall apply to each exterior side elevation. In the case of a finished second level one (1) additional window shall be required on the subject side elevation. 3. All windows shall have a minimum four-inch (4”) nominal width trim unless set in masonry. G. Rear Building Façade Requirements: At a minimum, the Rear Building Façade for each Dwelling shall utilize the following architectural elements: Exhibit “H” – Page 3 of 3 1. The exterior Building Materials (masonry, composite/engineered wood trim, composite veneer panels, horizontal siding, shake siding, and board and batten siding) provided on front elevation of the Dwelling shall be used on the rear elevation of the Dwelling as generally illustrated in Exhibit F. Application of this standard shall coordinate within gables and/or dormers as generally illustrated with materials which coordinate with the front elevation detailing. 2. A minimum of three (3) windows and door and shall apply to each rear elevation of a Dwelling. 3. All windows shall have a minimum four inches (4”) nominal width trim unless set in masonry. H. Windows: 1. All windows which include shutters, where provided, shall be duly functional with all necessary hardware or shall be provided with adequate hardware to make them appear functional. Shutters, where provided, shall require appropriate sizing so that the function of appear functional. 2. No window shall be a blackout window. Section 3. Monotony Mitigation: A. No two side by side Two-family Dwelling buildings on contiguous Lots shall have the same elevation or exterior color package. B. Both units of a two-family dwelling may have the same color siding and masonry color but each unit shall require a different front elevation architectural design/style. C. Masonry color shall be varied and a minimum of three (3) masonry colors shall be used across the development on two-family dwellings. Exhibit “I” Page 1 of 2 Exhibit “I” (Open Space Plan and Amenity Character Imagery) Dog Park Community Garden Pond Overlook with Seating/Swing Exhibit “I” – Page 2 of 2 Exhibit “I” (Open Space Plan and Amenity Character Imagery) PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2023, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Laura D. Campbell Sue Finkam, Vice-President ___________________________________ ____________________________________ Vacant Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell, President ___________________________________ ___________________________________ 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 _______________________ 2023, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2023, 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. Andrews PUD 8 050323