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Home My WebLink AboutPUD Ordinance 11-27-23 Sponsors: Councilor _______ CARMEL, INDIANA Andrews PUD PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-_____-23 November 27, 2023 Version 15 112723 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 ....................................................................................... 5 Section 4. Development Standards .................................................................................................. 5 Section 5. Common Area Requirements ......................................................................................7 Section 6. Landscaping Requirements ..........................................................................................8 Section 7. Signage Requirements ...............................................................................................14 Section 8. Additional Requirements and Standards ...................................................................... 13 Section 9. Procedural Provisions ...............................................................................................15 Section 10. Violations and Enforcement .....................................................................................16 Section 11. Exhibits .....................................................................................................................16 Exhibit A Legal Description Exhibit B Concept Plan Exhibit C Architectural Character Imagery Exhibit D Architectural Standards Exhibit E Amenity Character Imagery Note: All of the above Exhibits (A-E) are attached to this Andrews Ordinance, are incorporated by reference into this Andrews Ordinance and are part of this Andrews Ordinance. Version 15 112723 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 single-family 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 May 16, 2023 concerning the Schafer application for a PUD District Ordinance, which application was docketed as PZ-2023-00014 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 15 112723 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 1.3 The underlying zoning for the Andrews District shall be the R2 residential zoning designation (the “R2 District”) set forth in the UDO. Except as modified, revised, supplemented or made inapplicable by this Andrews Ordinance, the standards of the UDO applicable to the R2 District shall apply to the Andrews District. 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. Architectural Character Imagery: These comprise the elevations and perspectives, attached hereto as Exhibit C (Architectural Character Imagery), 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. Version 15 112723 5 However, Architectural Character Imagery is general and not intended to delineate the only final Dwelling designs to be built. Architectural Standards: The Architectural Standards incorporated herein under Exhibit D (Architectural Standards). 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 Concept Plan. Concept Plan: The general plan for the development of the Real Estate, including but not limited to lots, streets and common areas attached hereto as Exhibit B (Concept Plan). Controlling Developer: Shall mean 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 Requirements: Written development standards and any written requirements specified in this Andrews Ordinance, which must be satisfied in connection with Plat Approval and Building Permits. Plan Commission: The City of Carmel Plan Commission. Plat Approval: A primary plat (“Plat”) approved by the Plan Commission pursuant to the procedures for Plat Approval of the UDO. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). 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 with which it is associated. Version 15 112723 6 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. Single-Family Dwelling. B. Model Home(s) as a Temporary Use. C. Common Areas. D. Amenities (public or private dog park, community garden plots, etc.). E. Maximum Dwellings: There shall be no more than thirty-one (31) Dwellings permitted within the Real Estate. Section 4.2 Bulk Requirements: A. Minimum Lot Area: Eight Thousand Seven Hundred and Fifty (8,750) square feet. B. Minimum Lot Width at Building Line: Seventy (70) feet. C. Minimum Lot Width at Right of Way: Twenty (20) feet. D. Minimum Front Yard Setback: Twenty-two (22) feet, with minimum two (2) foot offset on adjacent Lots. E. Minimum Side Yard Setback: Seven and one-half (7.5) feet. F. Minimum Rear Yard Setback: Twenty (20) feet; provided, however, the setback of dwellings, on the Lots indicated with a blue dot on Exhibit B, shall be fifty (50) feet, as measured from the south property line of the Real Estate. G. Maximum Lot Coverage: Sixty percent (60%). H. Maximum Building Height: Thirty-five (35) feet. I. Minimum Living Area: (exclusive of garage, porches, stoops and patios): Two-thousand and two hundred (2,200) square feet. Section 4.3 Architectural Standards: Version 15 112723 7 A. Architectural Character Imagery: The applicable Architectural Character Imagery, indicating the intended architecture and appearance of Dwellings are contained within Exhibit C. B. Dwelling Architecture: Applicable architectural requirements and standards are contained in Exhibit D (Architectural Standards) of this Andrews Ordinance. Section 4.4 Lot Lighting: All Dwellings shall have either (i) a minimum of two (2) light fixtures flanking the garage door or (ii) a minimum of two (2) goose neck lights above the garage door, 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); provided, however, that on Dwellings with third-car garage, only two (2) lights overall shall be required with at least one (1) light flanking the main two-car garage and another one (1) light flanking the third-car garage or one (1) goose neck light above the main two-car garage and another one (1) goose neck light above the third car garage). Section 4.5 Street Lighting: Street lighting (lighting in the street right-of-way) shall be provided per the UDO. Section 4.6 Parking: A. Four (4) spaces are required per Dwelling. Parking Spaces within driveways and/or garages shall count toward required parking on each lot. B. Driveways designed to permit parking shall be a minimum of twenty-two (22) feet in length as measured from the street. Vehicles shall not be parked in a location that encroaches onto a sidewalk. C. Driveways shall be concrete. D. Periodic short-term parking for bicycles shall be provided in two (2) or more locations to access Common Area amenities. Parking to accommodate a total of four (4) bikes shall be provided and shall meet the 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 two (2) acres of Open Space between 146th Street and individual Lots as depicted on the Concept Plan. In total, twenty-three (23) percent of the Real Estate shall be Open Space. Version 15 112723 8 A. Open Space shall be provided in areas as generally depicted on Concept Plan provided as Exhibit B including tree preservation areas, open space area, buffer yard area and transmission line easement area. B. The transmission line easement area may 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 area. 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 E 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. 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. Version 15 112723 9 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. 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 Version 15 112723 10 Occupancy which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. D. All landscaping is subject to 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. 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. Version 15 112723 11 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: 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. The buffer shall be permitted to overlap drainage easements. 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. The buffer shall be permitted to overlap drainage easements. 3. Northern (146th Street) perimeter: The northern perimeter buffer yard shall meet the UDO buffer yard “C” planting requirements. Version 15 112723 12 4. Southern perimeter: There shall be a minimum twenty-five (25) foot buffer yard from the southern property line made up of a tree preservation area. 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.) 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. Version 15 112723 13 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. 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. Version 15 112723 14 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. A Community Area including pedestrian amenities and landscaping shall be provided, an example of which is generally illustrated on Exhibit E (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. Section 8.5. Construction Traffic. The following standards shall apply: A. Developer shall post signage on both 146th Street and Gray Road indicating that construction traffic should enter from the subdivision entrance on 146th Street. B. Developer shall also post signage at the neighborhood connection with the Gray Oaks subdivision at Gray Oaks Court to the effect that “NO CONSTRUCTION TRAFFIC” is permitted in that location. The sign shall be substantially in compliance with the form attached as Exhibit F. C. During the period of land development activities on the Property, Developer shall also post barricades at the neighborhood connection with the Gray Oaks subdivision at Gray Oaks Court; provided, however, that the removal of such barricades shall be permitted when framing activities begin on any Single-Family Dwelling to allow for emergency access. The barricade(s) shall be substantially in compliance with the form attached as Exhibit F. Version 15 112723 15 D. All “NO CONSTRUCTION TRAFFIC” and related signage shall nevertheless remain posted until certificates of occupancy have been issued for at least 23 Dwellings in the subdivision. E. In addition, Developer shall notify all of its trade vendors in writing that no construction traffic is permitted to enter the subdivision through the neighborhood connection with the Gray Oaks subdivision at Gray Oaks Court and shall put in place a system for fining trade vendors who violate this restriction. Section 9. Procedural Provisions. Section 9.1. Primary Plat. A. Primary Plat approval shall be required prior to the issuance of an Improvement Location Permit to determine if the Primary Plat 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 Primary Plat, 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 15 112723 16 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-E) 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) Exhibit “C” – Page 2 of 3 Exhibit “C” (Architectural Character Imagery – Standard & Enhanced Side Elevations) Standard Side Elevation: Enhanced Side Elevation (adds masonry wainscot): Exhibit “C” – Page 3 of 3 Exhibit “C” (Architectural Character Imagery – Standard & Enhanced Rear Elevations) Standard Rear Elevation: Enhanced Rear Elevation (adds masonry wainscot): Exhibit “D” Page 1 of 4 Exhibit “D” (Architectural Standards) The standards set forth below in this Exhibit D Architectural Standards apply to all Dwellings on the Real Estate. Section 1. Character Imagery: Applicable Architectural Character Imagery indicating the architecture and appearance of Single-family Dwellings are included in Exhibit C. All Single-family Dwellings on the Real Estate shall be developed in substantial compliance with the associated Architectural Character Imagery. This Substantial Compliance provision shall not limit the Developer from introducing elevations not included in Exhibit C provided the elevations are in compliance with all applicable Architectural Standards of this Exhibit D. Section 2. Dwelling Design: A. Permitted Building Materials. 1. Acceptable exterior siding materials shall include brick, stone, cast stone, limestone, fiber cement, wood, and engineered wood. 2. EIFS, Vinyl and aluminum siding shall be prohibited. Vinyl shutters, aluminum facia, aluminum soffits, aluminum downspouts/gutters shall be permitted. 3. Visible roofs shall be asphalt shingle roofing. Porch roofs and other architectural accent areas can be asphalt shingles or prefinished standing seam metal roofing. 4. Porches and stoops on fronts of buildings shall be concrete. All handrails at exterior steps shall be metal. 5. Exterior doors, including overhead doors, shall be fiberglass, vinyl, or painted metal in either smooth or paintbrush texture finish. 6. Rainwater management shall be in prefinished metal scuppers and gutters with prefinished metal downspouts. B. Garages: 1. All Dwellings shall have a minimum two (2) car attached garage including alley access. All three (3) car garages shall be offset by a minimum of two (2) feet. Exhibit “D” – Page 2 of 4 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. 3. All garage doors shall have trim of not less than four-inch (4”) nominal width. C. Front Building Façade: 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 buildings shall have a brick or stone wainscot on the front building facade of the dwelling. The wainscot shall be a minimum height of the lower of (i) 30” above grade or (ii) the bottom of the windows of the home. D. Side Building Façade: At a minimum, the side elevation for each Dwelling shall utilize the following architectural elements: 1. The exterior Building Materials (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 C. 2. All lots identified with black dots on Exhibit B which have a gable end on the side building façade shall incorporate a minimum of two (2) of the following elements on the side building façade. A variety of the following elements shall be used and the incorporated element(s) shall be consistent with the elements on the front building façade: i. A masonry wainscot a minimum height of the lower of (i) 30” above grade or (ii) the bottom of the windows of the home; ii. A change in the exterior color separated by trim; iii. A change in the exterior material pattern separated by trim; iv. A change in the exterior material separated by trim; v. A gable end architectural detail (e.g. brackets, louvers, pediment, corbel, decorative window detail created with shutters, etc.); Exhibit “D” – Page 3 of 4 vi. A minimum of ten (10) square foot gable window; or vii. A gable peak with a change in exterior material. 3. A minimum of two (2) windows shall apply to each exterior side elevation. In the case of a finished second level / half level one (1) additional window shall be required on the subject side elevation. E. Rear Building Façade: At a minimum, the Rear Building Façade for each Dwelling shall utilize the following architectural elements: 1. A minimum of three (3) windows and door shall apply to each rear elevation of a Dwelling. The door is permitted to face a side elevation or interior patio in which case it shall still count toward the door on the rear building façade. 2. Lots identified with red dots on Exhibit B shall be enhanced with additional material variations as depicted in Exhibits C. F. 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. 2. All windows shall have either (i) shutters with trim board sill and cornice or (ii) a nominal four-inch (4”) trim board on all sides; provided, however, that neither shutters nor wood trim shall be required for windows that are set in masonry. 3. Windows shall be vinyl in manufacturer’s standard color (black or white). G. Roof: 1. The minimum primary/main roof pitch shall be 6:12. Other secondary accent roof planes shall not be less than 4:12. 2. 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. 3. 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. Exhibit “D” – Page 4 of 4 II. Monotony Mitigation: A. The development shall have a minimum of three (3) floor plans. B. The development shall include the following architectural styles (in addition to the all other Monotony Mitigation standards): craftsman, northern craftsman, farmhouse, euro country, heartland, low country. C. Front Façade: The same front building elevation shall not be constructed for two (2) lots on each side of the subject lot on the same side of the street and for five (5) lots across the street from the subject lot as illustrated in the below diagram. D. Exterior Siding Color: No two side by side homes on contiguous lots or the lot across the street from the subject lot shall have the same primary exterior color on the primary structure of the home. E. Exterior Masonry Color: No two side by side homes on contiguous lots shall have the same masonry color. F. Anti-Monotony Exemption: Lots that either a) do not front the same street with front doors facing the same street, or b) lots that share the same street frontage and are separated by a street/ROW or 50’ wide green/open space shall be exempt from this anti-monotony requirement. In this scenario, the pattern shall reset. Exhibit “E” – Page 1 of 1 Exhibit “E” (Amenity Character Imagery) Community Garden: Dog Park: Pond Overlook with Seating/Swing: Exhibit “F” Page 1 of 1 Exhibit “F” (Signage & Barricade Exhibit) 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 ___________________________________ Jeff Worrell, President Laura D. Campbell, Vice-President ___________________________________ ____________________________________ Kevin D. Rider Teresa Ayers ___________________________________ ____________________________________ Sue Finkam Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon signature page ___________________________________ Miles Nelson 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 15 112723