HomeMy WebLinkAboutZ-687-24 Andrews PUD
Sponsors: Councilor Minnaar
CARMEL, INDIANA
Andrews PUD
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-687-24
February 28, 2024
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions and Rules of Construction .......................................................................... 4
Section 3. Accessory Buildings and Uses ....................................................................................... 6
Section 4. Development Standards .................................................................................................. 6
Section 5. Common Area Requirements ......................................................................................8
Section 6. Landscaping Requirements ..........................................................................................9
Section 7. Signage Requirements ...............................................................................................14
Section 8. Additional Requirements and Standards ...................................................................... 14
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
Exhibit F Signage and Barricade Exhibit
Note: All of the above Exhibits (A-F) are attached to this Andrews Ordinance, are incorporated by reference into
this Andrews Ordinance and are part of this Andrews Ordinance.
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Sponsors: Councilor Minnaar
ORDINANCE Z-687-23
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 January 16, 2024, has given a
Favorable 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
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
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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.
However, Architectural Character Imagery is general and not intended to
delineate the only final Dwelling designs to be built.
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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.
Elevation: A scaled, flat representation of one side of a building or structure that
provides a comprehensive view of the exterior façade, highlighting key
architectural features such as doors, windows, materials, ornamentation, rooflines
and proportions. Changes in materials and/or window placement alone do not
constitute “differences” in the elevation. To be considered a different elevation,
any single change including but not limited to a change in roof line (number,
style, or design of gables), inclusion of dormers (zero vs. one or more), porch
design, or porch placement shall qualify as a change.
In-laws Quarters: Living spaces within the primary structure equipped with
bedroom, bathroom, kitchen/kitchenette, and a separate entrance from the primary
structure.
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.
Primary/Main Roof: The highest roof plane on the front elevation.
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.
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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.
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. In-laws Quarters.
D. Common Areas.
E. Amenities (public or private dog park, community garden plots, etc.).
F. Maximum Dwellings: There shall be no more than thirty (30) 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. Applicable to all lots including Corner Lots.
B. Minimum Lot Width at Building Line: Seventy (70) feet.
C. Minimum Lot Width at Right of Way: Fifty (50) feet.
D. Minimum Front Yard Setback: Variable, Twenty-two (22) feet to
Twenty-Six (26) feet, with minimum two (2) foot offset on adjacent Lots.
Notwithstanding anything in this Andrews Ordinance or the UDO to the
contrary, the front yard setbacks on the corner lots abutting the stub street
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to the east shall be twelve (12) feet on the front yard abutting the stub
street.
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:
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 two (2) lights 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). Both lights shall be equipped with a
photocell so the light is on from dusk to dawn. Lights at the front door of the dwelling
can be either wall-mounted or can lights above.
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.
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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 within the project site as depicted on the Concept Plan. In total,
twenty-five (25) percent of the Real Estate shall be Open Space.
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 shall be left in the natural condition
which exists today subject to any maintenance requirements included in
the easement. The Open Space calculation shall include seventy-five (75)
percent of the transmission line easement area outside of the right-of-way.
C. The Open Space Calculation shall include one-hundred (100) percent of
Common Area 2 (southwest corner) and Common Area 4 (central island).
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 five (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 (approximately three (3) feet by five (5) feet in area) and
include a compost box and a water source.
C. A pond overlook area as generally depicted in Exhibit E shall be
incorporated in common area adjacent to the pond.
Section 6. Landscaping Requirements. Landscaping shall comply with the following
standards:
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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).
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.
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.
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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 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. Further,
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street trees shall be planted at a spacing of a maximum of fifty (50)
feet and minimum of twenty-five (25) feet.
2. Street Trees shall be a minimum of ten (10) feet 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. For all sidewalks, the equivalent of at least one (1) deciduous tree
will be provided for every fifty (50) lineal feet of walk included as
street trees.
2. In addition to street trees a minimum of ten (10) new native shade
trees per acre shall be provided in all common areas except that
Common Area 2 (southwest corner) shall be planted as prairie
grasses and three (3) Burr Oak trees.
D. Native Vegetation Areas: Native vegetation shall be provided along the
perimeter of the pond. 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 ten (10) foot buffer
yard that contains a minimum of five (5) shade or evergreen trees
and one (1) ornamental tree per one-hundred (100) lineal feet. Any
native trees that are preserved will count toward the minimum
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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 fifteen (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: There shall be a minimum fifty
(50) foot planting area along 146th Street. This area shall be
planted with six (6) shade trees, one (1) ornamental tree and fifteen
(15) shrubs per one-hundred (100) linear feet. A fence for the dog
park and community garden along with raised planting beds shall
be permitted within the planting area provided a twenty-five (25)
setback from 146th Street is provided.
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. 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.
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2. Removal of exotic and invasive species, e.g., bush honeysuckle.
(See the Indiana Exotic and Invasive Plant List provided by the
City of Carmel. If you are not able to identify exotic and invasive
species, seek professional assistance. Application of herbicide
should be completed with professional oversight.)
3. Removal of dead, hazardous and at-risk trees.
4. Removal of vines growing on and up a tree.
5. Removal of an overabundance of fallen and cut trees.
6. Planting of native trees. (See the Indiana Native Tree List provided
by the City of Carmel.)
7. Direct discharge of surface drainage of stormwater from the rear
half of any lot that is adjacent to a tree preservation area.
8. Establishment of access easements, unpaved trails, utility and
drainage improvements. This provision is intended to permit the
crossing of the tree preservation area and not one easement to fully
occupy the area.
9. Complete maintenance activities by following industry standard
using the current American National Safety Institute (ANSI) Z-133
and A-300 approved practices and methods.
10. Existing vegetation and earth shall be allowed to be removed for
the purposes of constructing and maintaining paths (including
pavement) through 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.
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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.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
5.39 – Sign Standards of the UDO. See Section 8.5 for standards regulating “No
Construction Traffic” signage.
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.
C. To the extent acceptable to, and permitted by, the Engineering Department
of the City of Carmel, the developer shall install a speed bump at the
neighborhood connection with the Gray Oaks subdivision at Gray Oaks
Court.
D. Required stub streets shall be provided as illustrated on the Concept Plan.
Section 8.3. Sidewalks and Pedestrian Amenities.
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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.
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
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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.
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.
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
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.
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “A” – Page 2 of 3
Parcel III: (Tax Id. No.: 17-10-20-00-00-010.002/29-10-20-000-010.002-018)
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.
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “A” – Page 3 of 3
Exhibit “A”
(Legal Description)
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “B” Page 1 of 1
Exhibit “B”
(Concept Plan)
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “C” Page 1 of 3
Exhibit “C”
(Architectural Character Imagery)
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “C” – Page 2 of 3
Exhibit “C”
(Architectural Character Imagery – Standard Side Elevations)
Standard Side Elevation (masonry wainscot):
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “C” – Page 3 of 3
Exhibit “C”
(Architectural Character Imagery – Standard & Enhanced Rear Elevations)
Standard Rear Elevation:
Enhanced Rear Elevation:
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “D” Page 1 of 5
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 three (3) car garage including a minimum
two (2) foot offset.
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.
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Exhibit “D” – Page 2 of 5
3. All garage doors shall have trim of not less than four-inch (4”)
nominal width.
C. Porches:
1. All homes shall incorporate one (1) of the following: (i) a front
porch that extends forward of the 2-car garage bay by a minimum of
six (6) feet or (ii) a front porch which is a minimum of eighty (80)
square feet in area.
2. There shall be a minimum of five (5) homes including a porch that
extends forward of the 2-car garage by a minimum of six (6) feet.
3. Porches on all homes shall be a minimum of six (6) feet in depth.
Columns shall be permitted within the six (6) foot area.
D. 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.
E. 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 side building facades shall incorporate a masonry wainscot a
minimum height of the lower of (i) 30” above grade or (ii) the
bottom of the windows of the home. The masonry material on the
wainscot shall match the masonry material used on the front building
façade masonry wainscot.
3. All lots identified with black dots on Exhibit B which have a gable
end on the side building façade shall incorporate one (1) of the
following additional elements on the side building façade. A variety
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “D” – Page 3 of 5
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 change in the exterior color separated by trim;
ii. A change in the exterior material pattern separated by trim;
iii. A change in the exterior material separated by trim;
iv. A minimum of ten (10) square foot gable window; or
v. A gable peak with a change in exterior material.
4. 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.
F. 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. All rear building facades shall incorporate a masonry wainscot a
minimum height of the lower of (i) 30” above grade or (ii) the
bottom of the windows of the home. The masonry material on the
wainscot shall match the masonry material used on the front building
façade masonry wainscot.
G. 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).
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Exhibit “D” – Page 4 of 5
4. Windows intended to satisfy minimum requirements of this Andrews
Ordinance shall have a minimum area of eight (8) square feet. The
square footage of multiple windows grouped together may be
aggregated to satisfy this minimum area requirement.
H. 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.
Section 3. Monotony Mitigation:
A. The development shall have a minimum of three (3) floor plans. Each floor plan
shall have a minimum number of four (4) Elevations.
B. 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.
C. 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.
D. Exterior Masonry Color: No two side by side homes on contiguous lots shall have
the same masonry color.
E. 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
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “D” – Page 5 of 5
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.
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “E” – Page 1 of 1
Exhibit “E”
(Amenity Character Imagery)
Community Garden:
Dog Park:
Pond Overlook with Seating/Swing:
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
Exhibit “F” Page 1 of 1
Exhibit “F”
(Signage & Barricade Exhibit)
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of
________, 2024, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
______________________________ ______________________________
Anthony Green, President Adam Aasen, Vice-President
______________________________ ______________________________
Jeff Worrell Teresa Ayers
______________________________ ______________________________
Shannon Minnaar Ryan Locke
______________________________ ______________________________
Matthew Snyder Rich Taylor
______________________________
Anita Joshi
ATTEST:
______________________________
Jacob Quinn, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________,
2024, at ______ __.M.
_________________________________
Jacob Quinn, Clerk
Approved by me, Mayor of the City of Carmel, Indiana this ____ day of _________________, 2024,
at ______ __.M.
_________________________________
Sue Finkam, Mayor
ATTEST:
_________________________________
Jacob Quinn, 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 23 022824
DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB
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