HomeMy WebLinkAboutPUD Ordinance_RED LINE 07-10-24
Sponsors:________________
CARMEL, INDIANA
Towne 146
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE __________Z-___-24
February 15July 10, 2024
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions ....................................................................................................................... 4
Section 3. Uses & Accessory Buildings .......................................................................................... 6
Section 4. Development Standards .................................................................................................. 7
Section 5. Common Area Requirements ......................................................................................9
Section 6. Landscaping Requirements ......................................................................................910
Section 7. Signage Requirements ...............................................................................................12
Section 8. Additional Requirements and Standards .................................................................. 1213
Section 9. Procedural Provisions ...............................................................................................14
Section 10. Controlling Developer’s Consent .............................................................................15
Section 11. Violations and Enforcement .................................................................................1516
Section 12. Exhibits .................................................................................................................1516
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Permitted Use Table
Exhibit D Architectural Character Imagery – Area A Lots
Exhibit E Architectural Character Imagery – Area B Lots
Exhibit F Architectural Character Imagery – Area C – Townhomes
Exhibit G Architectural Character Imagery – Area D – Neighborhood Commercial
Exhibit H Architectural Standards – Residential
Exhibit I Architectural Standards – Neighborhood Commercial
Exhibit J Common Area Concept Imagery
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Sponsors: ________________
ORDINANCE Z--___-24
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE TOWNE 146
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Towne 146 Planned Unit Development District Ordinance (the
“Towne 146 PUD”). The Ordinance would rezone the real estate from S-1 Residential to a
Planned Unit Development district allowing the future development of a residentialmixed-use
neighborhood laid out in the style and character as depicted on the attached Concept Plan
(attached as Exhibit B) which includes single-family homes, townhomes and a neighborhood
commercial usesnode.
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, Lennar Homes of Indiana, LLC (“Lennar”), 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, Lennar’s application is consistent with the provisions of the UDO and PUD
Statute; and
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
UDO, the Plan Commission conducted a public hearing on _____________,July 16, 2024
concerning Lennar’s application for a PUD District Ordinance, which application was docketed
as ___________ (PZ-2024-00028 PUD),, and
WHEREAS, the Plan Commission, at its hearing on _____________, 2024, has given a
_______________ recommendation to this Towne 146 PUD (the “Towne 146 Ordinance”),
which establishes the Towne 146 Planned Unit Development District (the “Towne 146 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 Towne 146 Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts
thereof inconsistent with any provision of this Towne 146 Ordinance and its exhibits are hereby
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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 Towne 146 Ordinance; and, (iv) this Towne 146 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 Towne 146 District.
Section 1.2 Development in the Towne 146 District shall be governed entirely by (i)
the provisions of this Towne 146 Ordinance and its exhibits, and (ii) those
provisions of the UDO specifically referenced in this Towne 146
Ordinance. Where this Towne 146 Ordinance is silent, the applicable
standards of the UDO shall apply.
Section 2. Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the Towne 146 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 Towne 146 Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Towne 146 Ordinance and not defined below in this Section 2.2, shall be
the same as set forth in the UDO.
Accessory Use: A use subordinate to the main use, located on the real estate or in
the same Dwelling as the main use, and incidental to the main use.
“ADLS”: The architecture, design, exterior lighting, landscaping and signage
associated with a Building.
“ADLS Approval”: Approval by the Plan Commission of architecture, design,
lighting and landscaping and signage pursuant to the procedures for ADLS review
of the UDO and the Development Requirements.
Area A Lots: The area identified as “Area A” on the Concept Plan.
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Area B Lots: The area identified as “Area B” on the Concept Plan.
Area C – Townhomes: The area identified as “Area C” on the Concept Plan.
Area D – Commercial: The area identified as “Area D” on the Concept Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as Exhibit D (Architectural Character Imagery – Area A Lots),
Exhibit E (Architectural Character Imagery – Area B Lots), Exhibit F
(Architectural Character Imagery – Area C – Townhomes), and Exhibit G
(Architectural Character Imagery – Area D – Commercial), and are intended to
generally and conceptually illustrate an application of the Development
Requirements. Architectural Character Imagery is general and not intended to
delineate the only final designs that may be built. All Buildings and Dwellings
will comply with the Architectural Standards but may vary from the Architectural
Character Imagery provided all applicable Architectural Standards are met.
Architectural Standards: The Architectural Standards incorporated herein under
Exhibit H (Architectural Standards – Residential) and Exhibit I (Architectural
Standards – Commercial).
Building: A structure having a roof supported by columns and walls, for shelter,
support, or a Dwelling.
Common Area(s): Common Areas shall comprise a parcel or parcels of land,
areas of water, or a combination of land and water, including flood plain and
wetland areas located within the Real Estate and designed by the Controlling
Developer. Common Areas do not include any area which is divided into
individual Dwelling lots or streets. Common Areas shall be in the areas generally
identified on the Concept Plan.
Concept Plan: The general plan for the development of the Real Estate, including
but not limited to lotsLots, streets and common areasCommon Areas attached
hereto as Exhibit B (Concept Plan).
Controlling Developer: Shall mean Lennar Homes of Indiana, LLC or the owner
of the Real Estate at the time of adoption of the Towne 146 Ordinance, until such
time as Lennar Homes of Indiana, LLC or the owner transfers or assigns, in
writing, its rights as Controlling Developer such as to an Owners Association.
“Development Plan” or “DP”: A specific plan for the development of the Real
Estate, or any portion thereof, which is submitted for approval, showing proposed
locations of lots, streets and common areas.
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“Development Plan Approval” or “DP Approval”: A Development Plan
Approved by the Plan Commission pursuant to the procedures for DP Approval of
the UDO.
Development Requirements: Written development standards and any written
requirements specified in this Towne 146 Ordinance, which must be satisfied in
connection with the approval of a Development Plan and Building Permits.
Plan Commission: The City’s Plan Commission.
Primary Roof: The highest roof plane on the front elevation.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Setback, Minimum: The minimum setback a dwelling shall be from the property
line. Stoops, steps, and landings may encroach into the required Minimum Front
Yard Setback. Said encroachments may extend to the front property line as
required to access a door to enter the Dwelling.
Sign: Any type of sign as further defined and regulated by this Towne 146
Ordinance and the UDO.
Stoop: A landing area adjacent to the front door of a dwelling accessed via a step
or steps connected to a sidewalk.
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. Uses and Accessory Buildings.
A. Permitted Uses: The Conceptual Plan divides the District into four (4)
Areas: Area A (Front Load Detached Residential), Area B (Rear Load
Detached Residential, Alley), Area C (Townhomes - Attached
Residential), and Area D (Neighborhood Commercial). The Permitted
Uses within each Area shall be as set forth in this section and in Exhibit C
Permitted Uses.
B. Accessory Building and Uses: Accessory Buildings and Uses shall be
permitted in the District including solar panels and trash enclosures in
Area D, unless prohibited in the Declaration(s) of Covenants. Accessory
Buildings and Uses shall be subject to the terms and restrictions of the
UDO.
C. Special Uses: Special Uses shall be permitted as set forth in the Use Table
and shall be subject to review and subsequent approval pursuant to the
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UDO.
D. Temporary Uses: Temporary Uses shall be permitted as set forth in the
Use Table and shall be subject to the terms and restrictions of the UDO.
E. Home Occupations: Home Occupations shall be permitted and shall be
subject to the terms and restrictions of the UDO.
F. Non-Conforming Uses: Non-Conforming Uses and exemptions shall be
subject to the terms and restrictions of the UDO.
G. Short Term Residential Rentals: Shorth Term Residential Rentals shall be
prohibited on the Real Estate.
Section 4. Development Standards.
Section 4.1 Bulk Requirements: The following standards shall apply.
Building Type
Area
Minimum Lot Minimum Yard Setbacks
Min.
Dwelling
Unit Size
(SF) Max Lot
Coverage
Width Area (SF) Street
Frontage Front Side Rear 1-
story
2-
story
Area A – Front
Load Detached
Residential
Buildings
45'50' 3,6005,000 40' 20' 6' 15' 1,400 1,700 7560%
Area B – Rear
Load Detached
Residential
Buildings,
Alley
24'30’ 3,000 20'20’ 10'10’ 6'6’ 15'15’ 1,200 1,400 75%
Area C –
Townhomes
Attached
Residential
Buildings
0'24' N/A 20' 10'
15'
between
buildings
10' 1,200 1,400 N/A80%
Neighborhood
Commercial
Buildings
20' 1,300 20' 5' 10' from
residential 10' N/A 90%
Section 4.2 Maximum Residential Densities: The maximum number of Residential
Dwellings shall be ninety-four (94two (92).
Inserted Cells
Inserted Cells
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Section 4.3 Building Height: The maximum Building Height shall be thirty-five (35)
feet for all Buildings.
Section 4.4 Dwelling Orientation:
A. Dwellings in Area A shall have front-facing garages with individual
access to the street.
A.B. Alleys shall be required in Area B and Area C. Driveways on Lots
in Area B and Area C shall only access alleys (no direct driveway to
street access shall be permitted).
B.C. All Dwellings shall provide a sidewalk connection from the front
door of each dwelling to a sidewalk at the street or along the perimeter
of a common area.
Section 4.5 Architectural Standards:
A. Character Imagery: The applicable Architectural Character Imagery,
indicating conceptually the intended architecture and appearance of
Dwellings are contained within Exhibit D (Architectural Character
Imagery – Area A Lots), Exhibit E (Architectural Character Imagery
– Area B Lots), Exhibit F (Architectural Character Imagery – Area C
– Townhomes), and Exhibit G (Architectural Character Imagery –
Area D – Neighborhood Commercial).
B. Dwelling Architecture: Applicable architectural requirements and
standards for dwellings are contained in Exhibit H (Architectural
Standards - Residential) of this Towne 146 Ordinance.
C. Commercial Architecture: Applicable architectural requirements and
standards for commercial buildings are contained in Exhibit I
(Architectural Standards – Neighborhood Commercial) of this Towne
146 Ordinance.
Section 4.6 Lighting:
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A. Lot Lighting: All Dwellings shall have light fixtures on either side of
the garage door and equipped with a photocell so the light is on from
dusk to dawn.
B. Section 4.7 Street Lighting: Street lighting (lighting in the street
right-of-way), when provided,) shall (i) be confined to the street
intersectionsrequired and (ii)shall meet all applicable City standardsthe
requirements of Article 7.32 and (iii) be reviewed by7.33 of the
CityUDO.
C. Commercial Lighting: All lighting in Area D shall meet the
commercial lighting requirements of Article 3.92 of the UDO.
Section 4.97 Parking:
A. General Standards: Parking shall comply with the UDO, except as provided
below:
A. Neighborhood Commercial Parking:
1. A minimum of three (3) parking spaces per 1,000 square feet of
interior commercial space shall be required.
2. A maximum of two (2) rows of parking shall be permitted
between the building and the frontage road.
3. The crosshatched area within the street right-of-way as illustrated
on the Concept Plan shall be decorative pavement, colored
concrete or pavers.
B. Dwelling Parking:
a.1. Four (4) spaces per Dwelling are required.
b.2. Parking Spaces (i) within driveways, (ii) within garages, and (iii)
on-street parking shall count toward the number of required
parking spaces.
c.3. Driveways designed to permit parking shall be a minimum of
twenty (20) feet in length as measured from the street right of
way and vehiclesor alley. Vehicles shall not be parked in a
location that encroaches onto a sidewalk or alley.
d.4. Driveways shall be concrete, stamped concrete, brick, porous
concrete, or stone or pervious pavers. Asphalt and gravel
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driveways shall not be permitted. Gravel shall be a permitted
ground cover between townhome driveways.
C.1. Neighborhood Commercial Parking: A minimum of three (3)
parking spaces per 1,000 square feet of interior commercial
space shall be required.
D.C. On-street Parking: On-street parking shall be permitted on the Real
Estate's internal streets and along the frontage road. Residential on-
street parking spaces may not be counted as part of the total
commercial parking spaces required. Each parallel on-street parking
space shall be a minimum of twenty-two (22) feet in length.
D. Bicycle Parking: Bicycle parking shall comply with the standards of
the UDO.
Section 5. Common Area Requirements. Common Area shall be in the areas generally
identified on the Concept Plan.
Section 5.1 A minimum of four (4) acres, approximately twenty-five (25)
percent,three (3) acres of the District, shall be allocated to Common Area
as generally illustrated on the Concept Plan.
Section 5.2 Open space, including internal trails and paths, shall be provided as
generally depicted on the Concept Plan and as conceptually shown on
Exhibit J (Common Area Concept Imagery) of this Towne 146
Ordinance. An Open Space Plan shall be submitted at the time of
Development Plan review.
Section 5.3 Internal paths shall be of a width and location as generally depicted on
Exhibit J (Common Area Concept Imagery). All internal paths not
located in right-of-way shall be located in a public pedestrian easement.
The final location of the internal trail is subject to existing easements and
final engineering. If the internal paths are prevented from being installed
as generally shown, then an alternative path location may be provided that
still provide access within the subject area of the Real Estate.
Section 5.4 Two (2) areas identified on the Concept Plan as “Park” shall be provided
as generally depicted on Exhibit J (Common Area Concept Imagery).
Collectively, the areas shall include (i) a gathering structure and (ii)
landscaping/hardscapes as generally depicted in the Common Area
Concept Imagery.
Section 6. Landscaping Requirements. Landscaping shall comply with the following
standards:
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Section 6.1 General Landscaping Standards. Landscaping shall be integrated with, and
complement other functional and ornamental site design elements, such as
hardscape materials, paths, sidewalks, and fencing.
A. All trees, shrubs and ground covers shall be planted according to
American Standard for Nursery Stock (ANSI Z60.1) and following the
standards and best management practices (BMPs) published by the
City’s Urban Forestry Program. Landscaping materials shall be
appropriate for local growing and climatic conditions. Plant suitability,
maintenance and compatibility with site construction features shall be
addressed. The City’s planting details shall be required on the
landscape plan. All trees shall be selected from the City’s
recommended tree list published by the City’s Urban Forestry Program
or otherwise approved by the Urban Forester.
B. Shade trees shall be at least 2.5 inches in caliper when planted.
Ornamental trees shall be at least 1.5 inches in caliper when planted.
Evergreen trees shall be 6 feet in height when planted. Shrubs shall be
at least 18 inches in height when planted. Ornamental grasses must
obtain a mature height of at least 3 feet.
C. All landscaping approved as part of a Development Plan / Primary Plat
shall be installed prior to issuance of the first Certificate of Occupancy
for a dwelling in the area of the Real Estate subject to a Secondary
Plat; provided, however, that when because of weather conditions, it is
not possible to install the approved landscaping before the issuance of
a Certificate of Occupancy, the Controlling Developer shall request a
temporary Certificate Of Occupancy which shall be conditioned upon
a determined time to complete the installation of the uninstalled
landscape material.
D. All landscaping is subject to Development Plan / Primary Plat
approval. No landscaping which has been approved by the Urban
Forester with the Primary Plat may later be substantially altered,
eliminated or sacrificed without first obtaining further approval from
the Urban Forester in order to conform to specific site conditions.
E. It shall be the responsibility of the owner(s), with respect to any
portion of the Real Estate owned by such owner(s) and on which any
landscaped area exists per the requirements of this Towne 146
Ordinance, to ensure proper maintenance of landscaping in accordance
with the Towne 146 Ordinance. This maintenance is to include, but is
not limited to (i) mowing, tree trimming, planting, maintenance
contracting and mulching of planting areas, (ii) replacing dead or
diseased plantings with identical varieties or a suitable substitute, and
(iii) keeping the area free of refuse, debris, rank vegetation and weeds.
Section 6.2 Landscaped Areas.
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A. Street Trees.
1. Shade trees shall be planted within public street right-of-way,
parallel to each street, in planting strips. Street trees shall be
planted a minimum of twenty-five (25) feet and a maximum of
sixty (60fifty (50) feet on center and are not required to be evenly
spaced, unless this spacing cannot be attained due to the location of
driveways, proposed utilities, or other obstructions as defined
below in Section 6.2.B.2.
2. Per City standards, no street trees shall be planted in conflict with
drainage or utility easements or structures and underground
detention (unless so designed for that purpose), or within traffic
vision safety clearances. However, where the logical location of
proposed utilities would compromise the desired effect, the
Controlling Developer may solicit the aid of the City’s Urban
Forester in mediating an alternative.
B. Foundation and Lot Planting Standards. The following planting
requirements apply to all Dwellings:
1. Area A:
a. Lots shall be required to plant one (1) shade tree in the front
and rear yard. Corner Lots shall install one (1) shade tree
included in a minimum of two (2) trees per side facing a street.
b. Lots shall have a minimum of twelve (12) shrubs and /or
ornamental grasses along the Dwelling foundation with a
minimum of eight (8) facing the street. Corner lots shall install
a minimum of twenty (20) shrubs and/or ornamental grasses
along the dwelling foundation with a minimum of eight (8)
shrubs or grasses per side façade facing a street.
2. Area B and Area C:
a. Lots shall be required to plant a minimum of one (1) shade tree
in the front yard. Corner Lots shall install a minimum of two
(2) trees per side facing a street.
b. Lots shall have a minimum of eight (8) shrubs and /or
ornamental grasses along the Dwelling foundation facing the
street. Corner lots shall install a minimum of eight (8) shrubs
and/or ornamental grasses along the dwelling foundation per
side façade facing a street. This standard shall be applicable to
a dwelling building in the case of a Townhome.
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3. Air Conditioning units shall be screened by a minimum of two
(2three (3) shrubs.
4. Foundation and Lot plantings shall be installed by the builder at
the time a Dwelling is constructed on the Lot(s).
C. Stormwater Ponds: Best efforts shall be made to incorporate natural
vegetation into the storm water Stormwater management ponds.
Stormwater ponds shall incorporate native vegetation (landscaping
materials) along the perimeter of the pond banks in order to count as a
best management practice.
D. Area D (Commercial):
D.1. Parking lot landscaping shall Landscaping in Area D shall
becomply with the standards of the UDO and shall be provided as
generally depicted on the Concept Plan.
1. Parking lot landscaping shall be provided.
2. Building base landscaping shall be limited and substituted with
hardscape areas as depicted on the Concept Plan.
3. Screening of the loading area on the east side of the Commercial
Building shall be provided. Said screening may consist of a 6-tall wall or
fence, and landscaping.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with the
UDO as amended below.:
A. Section 7.1 Entryway Features. Entryway Features shall require ADLS
Amendment approval.
B. Section 7.2 Subdivision Signage. A subdivision entry sign shall
be permitted at each connection of internal streets to the 146th Street
frontage road with a setback of five (5) feet.
C. Section 7.3 Commercial Signage. All signs in Area D (Neighborhood
Commercial) shall comply with Article 5.39 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 Right-of-way widthsStandards.
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A. The required right-of-way for the 146th Street frontage road shall be
the existing right-of-way.
B. Internal Street width and cross-section shall be designed to meet the
City of Carmel Local Street Standards.
C. Alleys pavement width shall be a minimum of twenty (20) feet in
width.
D. The configuration of vehicular access into the Real Estate shall be
provided as illustrated on the Concept Plan. No vehicular access shall
be permitted from 146th Street other than the frontage road as generally
illustrated on the Concept Plan.
Section 8.3 Sidewalks and Pedestrian Amenities.
A. A five (5) foot wide sidewalk shall be required along both sides of all
internal streets except along segments where ten (10) foot with path is
provided along subject segment.
B. A five (5) foot wide sidewalk shall be required along the front of
dwellings adjacent to the 146th Street frontage road. This sidewalk
may be located in the right-of-way or a pedestrian access easement
outside the right-of-way.
C. Internal paths shall be installed within the common area as generally
shown on Exhibit J subject to approval by the Surveyors Office
regarding the legal drain crossing.
D. Connections shall be provided between internal paths/sidewalks and
the path along the south side of 146th Street. In this regard a five (5)
foot sidewalk and crosswalk and a ten (10) foot path and crosswalk
shall be installed across the frontage road and connect to the 146th
Street path as generally. Locations of these connections shall be
shown on Exhibit Jthe Development Plan.
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 Towne 146 Ordinance for only the street connections to the 146th
Street Frontage Road as shown on the Concept Plan.
Section 8.5 Southern Pond. The pond illustrated on the Concept Plan along the
southeasteast perimeter of the Real Estate shall include a fountain or
aerator system. The final design shall be as directed and approved by
DOCS, Carmel Engineering, and the Hamilton County Surveyor.
Section 8.6 Additional Commercial Standards:
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A. The maximum building area shall be 15,000 square feet.
B. No single tenant shall occupy more than 7,000 square feet.
C. In addition to the uses not permitted in Exhibit C, the following
additional uses shall not be permitted in the Neighborhood
Commercial District: Clinical or Medical Health Center, vape or
tobacco store, Trade or Business School, equipment sales/ repair,
carnivals, circuses, package liquor store.
D. In addition to the uses permitted in Exhibit C, the following additional
uses shall be permitted in the Neighborhood Commercial District:
health and fitness center; spa, hair salon; nail salon.
C. A six (6) foot screen wall shall be constructed along the east perimeter
of Area D to screen delivery areas from Area C. The screen wall shall
incorporate but shall not be limited to exterior building materials used
in the commercial building.
D. A multi-use outdoor plaza/parking/drive area shall be required in the
area as generally depicted on the Concept Plan.
Section 9. Procedural Provisions.
Section 9.1 Development Plans and ADLS.
A. Development Plan (“DP”) and/or architectural design, exterior
lighting, landscaping and signage (“ADLS”) approval by the Plan
Commission, as prescribed in UDO, shall be required prior to the
issuance of aan Improvement Location Permit to determine if the DP
and ADLS satisfy the Development Requirements specified within this
Towne 146 Ordinance.
B. The Real Estate shall be developed in substantial compliance with the
Concept Plan hereby incorporated and attached as Exhibit B
subject to Development Plan Approval by the Plan Commission.
Substantial compliance shall be regulated in the same manner as
the “substantially or materially altered” provisions of the UDO as it
applies to Development Plans.
C. ADLS Approval by the Plan Commission shall be required for
Attached Single-Family (Townhome) Dwellings and the Building
in Area D. Single-Family Detached Dwellings shall comply with
applicable architectural standards and be reviewed by staff at the
time of building permit approval.
D. If there is a Substantial Alteration in any approved DP or ADLS,
review and approval of the amended plans shall be made by the Plan
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Commission, or a Committee thereof, pursuant to the Plan
Commission’s rules of procedure. Minor Alterations shall be
approved by the Director.
Section 9.2 Primary Plat. A Development Plan approved by the Plan Commission
shall be, upon approval, the Primary Plat of the Real Estate.
Section 9.3 Secondary Plat Approval. The Director shall have sole and exclusive
authority to approve, with or without conditions, or to disapprove any
Secondary Plat; provided, however, that the Director shall not
unreasonably withhold or delay the Director's approval of a Secondary
Plat that is in substantial conformance with the Development Plan/Primary
Plat and is in conformance with the Development Requirements of this
Towne 146 Ordinance. If the Director disapproves any Secondary Plat, the
Director shall set forth in writing the basis for the disapproval and
schedule the request for hearing before the Plan Commission.
Section 9.4 Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a Zoning
Waiver subject to the requirements of the UDO. A wavier of the
provisions of this Towne 146 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 Towne 146 Ordinance, subject to the
procedures prescribed in the UDO.
Section 10. Controlling Developer’s Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner, or tenant may obtain any
permits or approvals, whatsoever, with respect to the Real Estate or any portion
thereof and, as such, and by way of example but not by limitation, none of the
following may be obtained without the approval and consent of the Controlling
Developer:
A. Improvement Location Permits for any site improvements within the Real
Estate;
B. Sign permits for any Signs within the Real Estate;
C. Improvement Location Permits for any Dwellings within the Real Estate;
D. Development Plan, Primary Plat or Secondary Plat approval for any part of
the Real Estate; and
E. Any text amendments, variances, modifications of development requirements
or other variations to the terms and conditions of this Towne 146 Ordinance.
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Section 11. Violations and Enforcement. All violations and enforcement of this Towne 146
Ordinance shall be subject to the requirements of the UDO.
Section 12. Exhibits. All of the Exhibits (A-J) on the following pages are attached to this
Towne 146 Ordinance, are incorporated by reference into this Towne 146
Ordinance and are part of this Towne 146 Ordinance.
The remainder of this page is left blank intentionally.
Exhibit “A”
(Legal Description)
A part of the West Half of the Northwest Quarter of Section 21, Township 18 North, Range 3
East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more
particularly described as follows:
Commencing at the northwest corner of said Quarter Section, said corner marked by a Harrison
Monument per Hamilton County Surveyor’s Office Corner Records; thence North 89 degrees 09
minutes 42 seconds East (Saddle Creek assumed bearing per survey recorded as Instrument
Number 9609611604 in the Office of the Recorder of Hamilton County, Indiana) along the north
line of said West Half a distance of 1353.28 feet to the northeast corner of said West Half; thence
South 00 degrees 29 minutes 34 seconds East along the east line of said West Half a distance of
25.00 feet to the POINT OF BEGINNING being a southeast corner of the 3.436-acre tract of
land described in Instrument Number 2016010931 in said Recorder’s Office; thence continuing
South 00 degrees 29 minutes 34 seconds East along said east line a distance of 624.47 feet to the
northeast corner of Common Area Number 6 in Saddle Creek Section Twelve per plat recorded
in Plat Cabinet 3, Slide 308 as Instrument Number 200300122041 in said Recorder’s Office;
thence South 89 degrees 22 minutes 09 seconds West along the north line of said Common Area
Number 6 a distance of 1206.16 feet to a southeast corner of said 3.436-acre tract and the
following eight (8) courses are along the easterly and southern lines of said 3.436-acre tract; (1)
thence North 00 degrees 40 minutes 50 seconds West a distance of 143.69 feet; (2) thence North
54 degrees 44 minutes 53 seconds East a distance of 54.90 feet to the point of curvature of a non-
tangent curve to the left having a radius of 235.00 feet; (3) thence northeasterly along said curve
an arc distance of 165.81 feet, said curve being subtended by a chord having a bearing of North
36 degrees 11 minutes 25 seconds East and a chord distance of 162.39 feet; (4) thence North 00
degrees 43 minutes 46 seconds West a distance of 161.10 feet to the point of curvature of a non-
tangent curve to the right having a radius of 135.00 feet; (5) thence northerly along said curve an
arc distance of 95.20 feet, said curve being subtended by a chord having a bearing of North 19
degrees 31 minutes 14 seconds East and a chord distance of 93.24 feet; (6) thence North 42
degrees 02 minutes 27 seconds East a distance of 81.82 feet to the point of curvature of a non-
tangent curve to the right having a radius of 155.00 feet; (7) thence easterly along said curve an
arc distance of 47.64 feet, said curve being subtended by a chord having a bearing of North 80
degrees 21 minutes 26 seconds East and a chord distance of 47.45 feet; (8) thence North 89
degrees 09 minutes 42 seconds East a distance of 931.13 feet to the POINT OF BEGINNING,
containing 15.760 acres, more or less.
Exhibit “A”
(Legal Description – Location Map)
Exhibit “B”
(Concept Plan)
See following page.
Exhibit “C”
(Permitted Use Table)
P = Permitted Use, A = Accessory Use, SU = Special Use, "Blank" = Prohibited Use
PERMITTED USE Detached
Residential Attached Residential Neighborhood
Commercial
Residential Uses
Single‐Family Dwelling P P
Two‐Family Dwelling
Multiple‐Family Dwelling
Apartments
Townhomes P
Accessory Dwelling A
Mobile Home Court
Home Occupation A A
Bed & Breakfast
Model Home P P
Guest Home
Boarding or Lodging House
Nursing/Retirement/
Convalescent Facility
Private Swimming Pool P
Office Uses
Place of Worship
Hospital
Clinic or Medical Health Center
Library
Post Office / Mail Center P
Public Service Facility
Educational Uses
School, Trade or Business P
College or University
Day Nursery or Daycare A A
Preschool P
Retail & Service Uses
General Retail P
Package Liquor Store
Lumber/Building Materials
General Personal Services
including spa, hair salon and nail
salon
P
Automobile Service Station
Exhibit “C” Page 5 of 2
Automobile /Boat Sales
Car Wash
Commercial Kennel
Dry Cleaning (no on‐site plant) P
Equipment Sales/Repairs (Indoor)
Financial Institution
Automated Teller Machine
(ATM), Walk‐Up Only P
Food Stand P
Self‐Service Laundry
Sexually Oriented Business
Tattoo Studio
Vape or Tobacco Store
Veterinary Hospital
Wholesale Sales
Cultural and Entertainment Uses
Art Gallery P
Art & Music Center P
Carnivals, Faris, Circuses, etc.
Hotel
Health and Fitness Center P
Indoor Theater
Outdoor Theater
Catering Establishment
Restaurant (w/out drive thru) P
Restaurant (w/drive thru) P
Meeting or Party Hall
Museum
Stadium
Tavern/Night Club
Industrial Uses
Light Industrial
Heavy Industrial
Junk/Salvage Yard
Storage and/or Warehouse
Storage and/or Sale of Petroleum
Products
Coke Oven, Brick Yards, Kilns,
Open Hearth, or Blast Furnaces
Light Manufacturing
Exhibit “D”
(Architectural Character Imagery – Area A Lots)
See following four (4) pages.
Exhibit “E”
(Architectural Character Imagery – Area B Lots)
See following two (2) pages.
Exhibit “F”
(Architectural Character Imagery – Area C Lots - Townhomes)
add
See following page.
Exhibit “G”
(Architectural Character Imagery – Area D - Commercial)
See following six (6) pages.
Exhibit “H”
(Architectural Standards - Residential)
Section 1. Introduction & Procedure
A. Character Imagery: Applicable Architectural Character Imagery, indicating
conceptually the intended architecture and appearance of Dwellings is
included within Exhibit C (Architectural Character Imagery – Area A Lots),
Exhibit D (Architectural Character Imagery – Area B Lots) and Exhibit E
(Architectural Character Imagery – Area C – Townhomes).
B. Alterations: If a proposed floor plan or elevation is deemed non-compliant
with the standards set forth in this Towne 146 Ordinance, then the Director of
the Department of Community Services (the “Director”) or the Director’s
Designee may review and approve if the Director determines that the floor
plan or elevation meets the intent of the Architectural Standards. As an
alternative, the Residential Committee of the Plan Commission may approve a
proposed floor plan or elevation by a majority vote.
Section 2. Dwelling Design:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be
permitted siding materials. EFISEIFS, Vinyl and aluminum siding shall be
prohibited.
1. All homes shall have a masonry wainscot wrap on all sides of the building
to the windowsill of the lowest window on the first floor., at a minimum.
The same masonry used on the front elevations shall be used on the side
and rear elevations.
2. Any exterior chimney, where provided, shall have full height masonry.
B. Required Window Openings:
1. Minimum Number:
a. A minimum of three (3) windows on the front facade, two (2)
windows, per level (floor), on the side façades, and four (4) windows
on the rear facade shall be provided for all Dwellings based on the
plans on file with the Department of Community Services.
b. In order to meet this requirement, each individual window, or set of
contiguous windows, must be a minimum of eight (8) square feet. A
door on the side of a Dwelling may substitute for one (1) window on
the same side of the Dwelling.
2. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or
painted metal.
3. All windows not surrounded by masonry shall be trimmed (l" by 4"
nominal board).
C. Garage Type:
1. All garages shall be attached to the Dwelling.
2. Garage Doors shall have raised panels or other decorative panels (e.g.,
window panels, carriage style panels, and decorative hardware).
3. All Dwellings shall have a minimum of a two (2) car garage.
D. Porches and Entryways: Covered porches and/or entryways shall be required
on all Dwellings and shall be a minimum of thirty (30) square feet.
1. Covered porches and/or stoops shall be required on all Dwellings and shall
be (i) a minimum of thirteen (13) feet in Area A and (ii) a minimum of
thirty (30) square feet in Area B.
2. Porches in Area B shall be a minimum of three and one half (3.5) feet in
depth.
E. Roofline:
1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12
(horizontal units). Secondary roofs (e.g., porches, bays, garages, dormers)
may have a lower roof pitch.
2. The Primary RoofAll roofs shall have at least an eleven-inch (11")
overhang after installation of siding or an eight-inch (8") overhang after
installation of brick or stone masonry. This measurement shall not include
gutters.
3. All Dwellings' roofs shall include architectural-grade dimensional
shingles. Three-tab shingles are not permitted.
4. If dormers are used, at least one (1) window or decorative louver per
dormer is required.
F. Fences: Fences are permitted on individual Lots and shall not be chain-link,
coated chain-link or wood.
Section 3. Monotony Mitigation, Single-Family Detached:
1. Front Façade: The same front building elevation shall not be constructed for
two (2) lots on each side of the subject lot on the sameby side of the street lots
and for three (3) lotson a lot directly across the street from the subject lot. To
be different, the front elevation would need to have changes in the form of the
roof type of pitch, porch placement, or significant dormer design or location.
1.
2. Exterior Siding Color: No two (2) 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.
3. Exterior Masonry Color: No two (2) side by side homes on contiguous lots
shall have the same masonry color.
4. 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 30’ wide green/open space
shall be exempt from this anti-monotony requirement. In this scenario, the
pattern shall reset.
Section 4. Monotony Mitigation, Single-Family Attached: (Townhomes):
1. Minimum Number of Floor Plans: Area C shall have a minimum of two (2)
Floor Plans.
2. No more than six (6) dwellings shall be attached to form a townhome
building.
2.3. Exterior Color Package: Individual units shall incorporate various colors,
materials, patterns, and design features as depicted in Exhibit H. There shall
be a minimum of two (2) masonry colors.
Section 5. Lot Lighting: All Dwellings shall have light fixtures flanking the garage door and
equipped with a photocell, so the light is on from dusk to dawn.
Section 6. Parking:
1. Driveways shall be a minimum of twenty (20) feet in length as measured from
the street right of way and vehiclesor alley. Vehicles shall not be parked in a
location that encroaches onto the sidewalk or alley.
2. Driveways shall be concrete, stamped concrete, brick, porous concrete, or
stone or pervious pavers. Asphalt and gravel driveways shall not be permitted.
Gravel shall be a permitted ground cover between townhome driveways.
Section 7. Bedrooms: All homes in Area A shall be a 1-story design or include the primary
bedroom on the 1st floor if living area is provided above the 1st floor.
Exhibit “I”
(Architectural Standards – Neighborhood Commercial)
Section 1. Introduction & Procedure
A. Character Imagery: Applicable Architectural Character Imagery, indicating
conceptually the intended architecture and appearance of Dwellings is
included within Exhibit G (Architectural Character Imagery – Area D –
Commercial).
B. Alterations: If a proposed floor plan or elevation is deemed non-compliant
with the standards set forth in this Towne 146 Ordinance, then the Director of
the Department of Community Services (the “Director”) or the Director’s
Designee may review and approve if the Director determines that the floor
plan or elevation meets the intent of the Architectural Standards.
Section 2. Site Design
A. Site access and internal circulation shall promote safety, efficiency, and
convenience.
B. The building shall have a finished façade facing Towne Road and 146th Street.
C. Pedestrian Connectivity to the surrounding residential area shall be required.
D. Public open space will be integrated into the site design.
Section 3. Building DesingDesign and Mass:
A. The commercial building shall be compatible with the surroundings with
regards to height, mass, roof pitch, and scale. The commercial building shall
be a minimum of 18 feet tall to the top of parapet with the overall height not
to exceed 35 feet and (2-stories).
B. Entryways shall be visually distinct. Individual entries and/ or outdoor spaces
are encouraged on the front and/or rear of the Buildings to add visual interest
and provide a transition between the public, private and common areas of the
Building.
C. Walls shall not have unbroken planes greater than one hundred (100) feet in
length. Units within Buildings may be differentiated by plane, material
changes, and separate entrances.
D. Mechanical equipment shall be screened from public view while still allowing
for the equipment to properly ventilate and function. If mechanical equipment
is installed on the roof, then it shall be screened by a parapet or other
screening system(s).
Section 3. Exterior Building Materials: Exterior materialsPrincipal buildings shall be
durablefaced on the front, side and of high quality, such asrear with masonry, pre-
cast concrete, concrete block, face brick, poured concrete, split face, scored split,
scored smooth, or fluted masonry units, Quick Brick (brick look type Concrete
Masonry Units), architectural metals (e.g., copper or Cor- Ten), high-quality fiber
cement siding, or EFIS.EIFS. The use of EIFS and fiber cement shall be limited to
upper floor trim or upper floor accent areas only. Aluminum, stucco, and vinyl
siding shall be prohibited.
Section 4. Rooflines:
A. Roof forms shall harmonize with the architectural style of the Building.
B. Permissible materials for pitched roofs shall include architectural grade,
dimensional shingles, clay, slate, wood shingles, and metal. Rubber and other
commonly acceptable materials are allowed on flat roofs. Green roofs are
encouraged, as are recycled materials. Three-tab shingles shall not be
permitted.
C. Rooflines shall not have unbroken lines greater than one hundred (100) feet in
length.
Exhibit “J”
(Common Area Concept Imagery)
Exhibit “J”
(Common
Area Concept Imagery)
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.
Towne 146 PUD 3 0215247 070924