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HomeMy WebLinkAboutPUD Ordinance 09-18-24 Sponsors: Councilor __________ CARMEL, INDIANA CLAY COTTAGES PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-___-24 September 18, 2024 Version D 091824 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance .............................................................................................. 4 Section 2. Definitions and Rules of Construction .......................................................................... 4 Section 3. Accessory Buildings and Uses ....................................................................................... 7 Section 4. Development Standards .................................................................................................. 7 Section 5. Common Area Requirements ....................................................................................11 Section 6. Landscaping Requirements ........................................................................................12 Section 7. Signage Requirements ...............................................................................................14 Section 8. Additional Requirements and Standards ...................................................................... 14 Section 9. Procedural Provisions ...............................................................................................15 Section 11. Violations and Enforcement .....................................................................................16 Section 12. Exhibits .....................................................................................................................16 Exhibit A Legal Description Exhibit B Concept Plan and Area Map Exhibit C Architectural Character Imagery – Cornerstone Series Homes Exhibit D Architectural Character Imagery – Edge Series Homes Exhibit E Architectural Character Imagery – Encore Series Homes Exhibit F Architectural Standards Note: All of the above Exhibits (A-F) are attached to this Clay Cottages Ordinance, are incorporated by reference into this Clay Cottages Ordinance and are part of this Clay Cottages Ordinance. Version D 091824 3 Sponsors: Councilor ______ ORDINANCE Z-___-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE CLAY COTTAGES PLANNED UNIT DEVELOPMENT DISTRICT Synopsis: Ordinance Establishes the Clay Cottages Planned Unit Development District Ordinance (the “Clay Cottages PUD”). The Ordinance rezones the real estate from S-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 included Concept Plan which includes single-family homes and paired-home dwellings. 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, Taylor Morrison of Indiana, LLC (“Taylor Morrison”), 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, Taylor Morrison’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 _____ __, 2024 concerning Taylor Morrison’s application for a PUD District Ordinance, which application was docketed as PZ- 2024-000__ (PUD), and WHEREAS, the Plan Commission, at its hearing on _____ __, 2024, has given a __________ Recommendation to this Clay Cottages PUD (the “Clay Cottages Ordinance”), which establishes the Clay Cottages Planned Unit Development District (the “Clay Cottages 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 Clay Cottages Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this Clay Cottages Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior Version D 091824 4 commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Clay Cottages Ordinance; and, (iv) this Clay Cottages 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 Clay Cottages District. Section 1.2 Development in the Clay Cottages District shall be governed entirely by (i) the provisions of this Clay Cottages Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Clay Cottages Ordinance. Where this Clay Cottages Ordinance is silent, the applicable standards of the UDO shall apply. Section 1.3 The underlying zoning for the Clay Cottages District shall be the R4 Residential District (the “R4 District”) set forth in the UDO. Except as modified, revised, supplemented or made inapplicable by this Clay Cottages Ordinance, the standards of the UDO applicable to the R4 District shall apply to the Clay Cottages 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 Clay Cottages 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 Clay Cottages Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Clay Cottages 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. Version D 091824 5 “ADLS”: The architecture, design, exterior lighting, landscaping and signage associated with a Building. Amenities: Amenities shall include all buildings and outdoor spaces available for the use and enjoyment of the residents of the Real Estate. Area A: The area identified as “Area A” on the Concept Plan. This area is comprised of custom lots. Area B: The area identified as “Area B” on the Concept Plan. This area is comprised of Cornerstone Series Lots. Area C: The area identified as “Area C” on the Concept Plan. This area is comprised of Edge Series Lots. Area D: The area identified as “Area D” on the Concept Plan. This area is comprised of Encore Series Lots. Architectural Character Imagery: These comprise the elevations attached hereto as (i) Exhibit C (Architectural Character Imagery – Cornerstone Series Homes), (ii) Exhibit D (Architectural Character Imagery – Edge Series Homes), and Exhibit E (Architectural Character Imagery – Encore Series Homes), 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 Dwelling designs that may be built. Dwellings will comply with the Architectural Standards but may vary from the Architectural Character Imagery provided all applicable Architectural Standards of this Clay Cottages Ordinance are met. Architectural Standards: The Architectural Standards incorporated herein under Exhibit F (Architectural Standards). Building: A structure having a roof supported by columns and walls, for shelter, support, or a Dwelling or Home. Concept Plan: The general plan for the development of the Real Estate, including but not limited to lots, blocks, streets attached hereto as Exhibit B (Concept Plan). The Concept Plan includes an Area Map which identifies the location of Area A, Area B, Area C and Area D as further regulated by the terms of this Clay Cottages Ordinance. Controlling Developer: Shall mean Taylor Morrison Of Indiana, LLC or the owner of the Real Estate at the time of adoption of the Clay Cottages Ordinance, until such time as Taylor Morison of Indiana, LLC or the owner transfers or assigns, in writing, its rights as Controlling Developer. Cornerstone Series: The Lot/Home series of single-family Dwellings as illustrated Version D 091824 6 in Exhibit C (Architectural Character Imagery – Cornerstone Series Homes). “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, blocks and streets. “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 Clay Cottages Ordinance, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Edge Series: The Lot/Home series of single-family Dwellings as illustrated in Exhibit D (Architectural Character Imagery – Edge Series Homes). Encore Series: The Lot/Home series of two-family Dwellings as illustrated in Exhibit E (Architectural Character Imagery – Encore Series Homes). Open Space: Open space / common areas shall comprise a areas of land, areas of water, or a combination of land and water located within the Real Estate and designed by the Controlling Developer. Open Space does not include any area which is divided into individual Dwelling lots or streets. Open Space shall be in the areas generally identified on the Concept Plan. Plan Commission: The City of Carmel Plan Commission. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Setback, Minimum: The minimum setback a dwelling shall be from the property line. Stoops, steps, and landings, may encroach into the required Minimum Front Yard Setback. Decks and balconies may encroach into the required Minimum Rear Yard Setback (at the alley). The aforementioned encroachments may extend no further than ten (10) feet into the required setback, except for stoops/steps/landings which 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 Clay Cottages Ordinance and the UDO. Unified Development Ordinance (or “UDO”): The Unified Development Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, Indiana, as amended. Zone Map: The City’s official Zone Map corresponding to the UDO. Version D 091824 7 Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the R4 Residential District of the Zoning Ordinance shall be permitted in the Clay Cottages District; unless prohibited in the Declaration(s) of Covenants; provided, however, that any detached Accessory Structure, including amenity buildings, shall have on all sides the same level of architectural features and shall be architecturally compatible with the principal building(s) with which it is associated. Accessory Structures and Accessory Uses shall be permitted subject to the provisions of the UDO. Section 4. Development Requirements: The following replace and superseded the R4 District Development Standards of the UDO: Section 4.1 Permitted Uses: A. Single-family Dwellings B. Attached Paired-Home Dwellings C. Amenities. D. Model Home(s). E. Construction Facility/Trailer F. Maximum Dwellings: 1. Area A (Custom Lots): There shall be no more than seven (7) single- family dwellings in Area A. 2. Area B (Cornerstone Series Lots): There shall be no more than fifty-nine (59) single -family dwellings permitted within Area B. 3. Area C (Edge Series Lots): There shall be no more than forty (40) single - family dwellings permitted within Area C. 4. Area D (Encore Series Lots): There shall be no more than thirty-six (36) paired-home dwellings permitted within Area D. Section 4.2 Bulk Requirements: A. Area A (Custom Lots): 1. Minimum Lot Area: Thirty Thousand (30,000) square feet. 2. Minimum Lot Width at Building Line: Ninety (90) feet. 3. Minimum Lot Width at Right of Way: Forty-five (45) feet. Version D 091824 8 4. Minimum Front Yard Setback: Thirty (30) feet. 5. Minimum Side Yard Setback: Ten (10) feet. 6. Minimum Rear Yard Setback: Thirty (30) feet. 7. Maximum Lot Coverage: Thirty-five (35) percent. 8. Maximum Building Height: Thirty-five (35) feet. 9. Minimum Living Area: (exclusive of garage, porches, stoops and patios): Two-thousand and two hundred (2,200) square feet. B. Area B (Cornerstone Series Lots): 1. Minimum Lot Area: Four thousand five hundred (4,500) square feet. 2. Minimum Lot Width: Forty-one (41) feet. 3. Minimum Front Yard Setback: Twenty (20) feet. 4. Minimum Side Yard Setback: One (1) foot. Minor encroachments including overhangs, masonry, and covered porch foundations for enlarged columns shall be permitted within the side yard setback. There shall be a minimum three (3) feet wide reciprocal use and access easement along lot lines of adjoining lots where the side yard building setback is less than three (3) feet. 5. Minimum Aggregate of Side Yards / Building Separation: Ten (10) feet. Minor encroachments including overhangs, masonry, and covered porch foundations for enlarged columns shall be permitted within the aggregate of side yards / building separation. 6. Minimum Rear Yard Setback: Fifteen (15) feet. 7. Maximum Lot Coverage: Seventy-Five (75) percent. 8. Maximum Principal Buildings per Lot: One (1) . 9. Maximum Building Height: Thirty-five (35) feet as measured from the mid-point of the roof ridge. Version D 091824 9 10. Minimum Living Area: (exclusive of garage, porches, stoops and patios): Seventeen hundred (1,700) square feet. C. Area C (Edge Series Lots): 1. Minimum Lot Area: Four Thousand (4,000) square feet. 2. Minimum Lot Width: Forty (40) feet. 3. Minimum Front Yard Setback: Fifteen (15) feet. 4. Minimum Side Yard Setback: Five (5) feet. Minor encroachments including overhangs, masonry, and covered porch foundations for enlarged columns shall be permitted within the side yard setback. 5. Minimum Aggregate of Side Yards / Building Separation: Ten (10) feet. Minor encroachments including overhangs, masonry, and covered porch foundations for enlarged columns shall be permitted within the aggregate of side yards / building separation. 6. Minimum Rear Yard Setback: Ten (10) feet. A minimum of twenty (20) feet shall be provided between garage doors and the alley pavement to allow for parking in the driveway. 7. Maximum Lot Coverage: Seventy-Five (75) percent. 8. Maximum Principal Buildings per Lot: One (1) . 9. Maximum Building Height: Thirty-five (35) feet as measured from the mid-point of the roof ridge. 10. Minimum Living Area: (exclusive of garage, porches, stoops and patios): Sixteen hundred (1,600) square feet. 11. Dwelling Orientation: The driveway of all Edge Series Homes shall access an alley (no direct driveway to street access shall be permitted). 12. Lot sidewalk: All Dwellings shall provide a sidewalk connection from the front door of each dwelling to sidewalk at the street. D. Area D – Encore Series Lot Standards: 1. Minimum Lot Area: Four Thousand (4,000) square feet. Version D 091824 10 2. Minimum Lot Width: Thirty-five (35) feet. 3. Minimum Front Yard Setback: Fifteen (15) feet. 4. Minimum Side Yard Setback: Five (5) feet. Minor encroachments including overhangs, masonry, and covered porch foundations for enlarged columns shall be permitted within the side yard setback. 5. Minimum Aggregate of Side Yards / Building Separation: Ten (10) feet. Minor encroachments including overhangs, masonry, and covered porch foundations for enlarged columns shall be permitted within the aggregate of side yards / building separation. 6. Minimum Rear Yard Setback: Ten (10) feet. A minimum of twenty (20) feet shall be provided between garage doors and the alley to allow for parking in the driveway. 7. Maximum Lot Coverage: Ninety (90) percent. 8. Maximum Principal Buildings per Lot: One (1). 9. Maximum Building Height: Thirty-five (35) feet as measured from the mid-point of the roof ridge. 10. Dwelling Orientation: The driveway of all Encore Series Homes shall access an alley (no direct driveway to street access shall be permitted). 11. Lot sidewalk: All Dwellings shall provide a sidewalk connection from the front door of each dwelling to sidewalk at the street. Section 4.3 Applicable landscaping requirements are contained in Section 6 of this Clay Cottages Ordinance. Section 4.4 Applicable signage requirements are contained in Section 7 of this Clay Cottages Ordinance. Section 4.5 Applicable additional requirements and standards are contained in Section 8 of this Clay Cottages Ordinance. Section 4.6 Architectural Standards: A. The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings in Area B are contained Version D 091824 11 within Exhibit C (Architectural Character Imagery – Cornerstone Series Homes), Exhibit D (Architectural Character Imagery – Edge Series Homes), Exhibit E (Architectural Character Imagery – Encore Series Homes) B. Dwelling Architecture: Applicable architectural requirements and standards for all Dwellings in Area B, Area C and Area D are contained in Exhibit F (Architectural Standards) of this Clay Cottages Ordinance. Section 4.7 Lot Lighting: All Dwellings in Area B, Area C and Area D shall have light fixtures flanking the garage doors and equipped with a photocell so the light is on from dusk to dawn. Section 4.8 Street Lighting: Street lighting (lighting in the street right-of-way), when provided, shall (i) be confined to the street intersections and (ii) meet all applicable City standards and (iii) be reviewed by the City. Section 4.9 Parking: A. Alleys shall be required in Area C and Area D. B. Four (4) parking spaces per Dwelling are required. C. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-street parking shall count toward required parking. D. Driveways designed to permit parking shall be a minimum of twenty (20) feet in length and vehicles shall not be parked in a location that encroaches onto a sidewalk or alley. E. Driveways shall be concrete. Asphalt driveways shall not be permitted. Section 5. Common Area Requirements. Common Area shall be in the areas generally identified on the Concept Plan. Section 5.1 A minimum of six (6) acres of the Real Estate shall be allocated to Open Space as generally illustrated on the Concept Plan. Section 5.2 Open space, including internal trails and Amenities, shall be provided as generally depicted on the Concept Plan. Section 5.3 Internal paths and sidewalks shall be of a width and location as generally depicted on the Concept Plan. 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 Version D 091824 12 to existing easements and final engineering. If the internal paths is 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 6. Landscaping Requirements. Landscaping shall comply with the following standards: 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. The planting size and species of all trees, shrubs and ground covers shall meet the standards of the UDO. 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. C. All landscaping approved as part of a Development Plan shall be installed prior to issuance of the first Certificate of Occupancy; 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. Section 6.2. Areas to be landscaped. A. Street Trees. 1. Large growing shade trees shall be planted within public street right-of- way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of sixty (60) 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. 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. Version D 091824 13 B. Foundation and Dwelling Planting Standards. The following planting requirements apply to all Dwellings: 1. Lots in Area A: a. Lots shall have a minimum of three (3) shade or ornamental trees in the front yard and three (3) shade or ornamental trees in the rear yard. b. Lots shall have a minimum of eighteen (18) shrubs and /or ornamental grasses along the Dwelling foundation with a minimum of twelve (12) facing the street. Corner lots shall install a minimum of thirty (30) shrubs and/or ornamental grasses along the dwelling foundation with a minimum of twelve (12) shrubs or grasses per side facing a street. 2. Homes in Area B, Area C and Area D: 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 twelve (12) shrubs and /or ornamental grasses along the Dwelling foundation facing the street. Corner lots shall install a minimum of twelve (12) shrubs and/or ornamental grasses along the dwelling foundation per side facing a street. c. Lots shall have a minimum of six (6) shrubs or ornamental grasser along the Dwelling Foundation in the year yard. 3. Foundation and Lot plantings shall be installed at the time a Dwelling is constructed. All landscaping approved as part of a Development Plan shall be installed prior to issuance of the first Certificate of Occupancy; 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. C. Stormwater Ponds: Best efforts shall be made to incorporate natural vegetation into the storm water management ponds. Stormwater ponds shall incorporate native landscaping materials along the perimeter. Section 6.3 Bufferyards and Tree Preservation. Tree Preservation Areas shall be required (i) along the south perimeter of the Real Estate which shall be a minimum of fifteen (15) feet in width but shall be variable in width (ii) along Version D 091824 14 the north and east perimeter of the Real Estate which shall be a minimum of five (5) feet in width, and (iii) within the Amenity Area as generally shown on the Concept Plan. The Tree Preservation Areas shall be regulated and maintained in accordance with the standards of the UDO. Section 7. Signage Requirements. All signage on the Real Estate shall comply with the UDO as amended below. A. Entryway Features shall require ADLS Amendment approval. B. A subdivision entry sign shall be permitted at (i) each of the two (2) connections of internal streets to the Towne Road. 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. Street Right-of-way: A. Streets shall be public and alleys shall be private. Section 8.3. Sidewalks and Pedestrian Amenities. A. A five (5) foot wide sidewalk shall be required along the front of all dwellings in Area B, Area C and Area D, except along segments where ten (10) foot wide paths are provided. B. Sidewalks and paths may be located in the right-of-way or a pedestrian access easement outside the right-of-way. C. Internal paths and sidewalks shall be installed within the Open Space as generally shown on the Concept Plan. Section 8.4. Amenities. The following amenities shall be provided at a minimum. A. Asphalt walking trails. B. Covered wooden shelter with tables and benches. C. Nature-inspired community fire pit area. D. Recreation Areas. Best efforts shall be made to incorporate nature inspired native plantings and features such as a monarch butterfly garden. E. In addition to the paths noted above in Section 8.3 small parks with seating and landscaping shall be provided throughout the pedestrian network. Version D 091824 15 Section 8.5. 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 Clay Cottages Ordinance for only the street connections to Towne Road as shown on the Concept Plan. Section 9. Procedural Provisions. Section 9.1. Development Plans and Architectural Compliance. A. Development Plan (“DP”) approval by the Plan Commission, as prescribed in UDO, shall be required prior to the issuance of an Improvement Location Permit to determine if the DP satisfies the Development Requirements specified within this Clay Cottages 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. Architectural Standards compliance shall be reviewed by the Director at the time of Building permit Application for homes in Area B, Area C and Area D. All homes in area B, Area C and Area D shall be in general conformance with the architectural Character Exhibits for the Cornerstone, Edge and Encore Series homes (Exhibit C, Exhibit D and Exhibit E respectively) and meet the Architectural Standards included under Exhibit F. D. If there is a Substantial Alteration in any approved DP, 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. 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 Clay Cottages 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. Version D 091824 16 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 Clay Cottages 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 Clay Cottages Ordinance, subject to the procedures prescribed in the UDO. Section 10. Violations and Enforcement. All violations and enforcement of this Clay Cottages Ordinance shall be subject to the requirements of the UDO. Section 11. Exhibits. All of the Exhibits (A-F) on the following pages are attached to this Clay Cottages Ordinance, are incorporated by reference into this Clay Cottages Ordinance and are part of this Clay Cottages Ordinance. The remainder of this page is left blank intentionally. Exhibit “A” – Page 1 of 4 Exhibit “A” (Legal Description) Exhibit “A” – Page 2 of 4 Exhibit “A” (Legal Description) Exhibit “A” – Page 3 of 4 Exhibit “A” (Legal Description) Exhibit “A” – Page 4 of 4 Exhibit “A” (Legal Description) Exhibit “B” Page 1 of 2 Exhibit “B” (Concept Plan) Exhibit “B” Page 2 of 2 Exhibit “B” (Area Map) Area B Area D Area C Area A Exhibit “C” Page 1 of 1 Exhibit “C” (Architectural Character Imagery – Cornerstone Series Homes) Note:  Rear All four (4) sides of each dwelling shall have a brick wainscot.  Rear elevations shall include a landscape package with at least six (6) shrubs or grasses. Exhibit “D” Page 1 of 1 Exhibit “D” (Architectural Character Imagery – Edge Series Homes) Exhibit “E” – Page 1 of 1 Exhibit “E” (Architectural Character Imagery – Encore Series Paired-Homes) Exhibit “F” Page 1 of 10 Exhibit “F” (Architectural Standards) I. INTRODUCTION AND PROCEDURE A. Character Imagery: Applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings is attached hereto as (i) Exhibit C (Architectural Character Imagery – Cornerstone Series Homes), (ii) Exhibit D (Architectural Character Imagery – Edge Series Paired- Homes), and Exhibit E (Architectural Character Imagery – Encore Series Homes). B. Improvements subject to regulation: Construction of (i) any building, fence, wall, swimming pool, tennis court, patio, parking area or other structure or (ii) the installation of any plantings or exterior lighting, shall require the prior written approval of the City subject to the Procedural Provisions of this Clay Cottages Ordinance. C. Alterations: If a proposed floor plan or elevation is deemed non-compliant with the standards set forth in this Clay Cottages 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. II. BUILDING REQUIREMENTS APPLICABLE A. Thematic Character: Development of Area B, Area C and Area D shall be unified by a common design theme reflective of the vernacular architectural styles found in an Indiana community. Residential structures are to be predominantly Farmhouse, Federal, Greek Revival, Italianate, Gothic Revival, Prairie, Craftsman, New Traditional, Colonial and Tudor in style, although other residential styles common in nineteenth and early twentieth century Indiana towns are also encouraged. Development to allow up to date, modern Indiana architectural styles like modern farmhouse, modern, modern prairie, etc. as illustrated in the Architectural Character Imagery. Structures are not required to be imitative or encompass all features identified with qualities that are contained within the architectural style. Diversity of style and design elements is essential to avoid monotonous repetition. The design goal is to capture a moment of time which is convincingly reflective of the natural growth of a community over a 100+ year period. Exhibit “F” – Page 2 of 10 Illustrations of character examples for approved architectural styles can be found in the chapters of the book "THE FIELD GUIDE TO AMERICAN HOUSES" by Virginia and Lee McAlester. B. General Design Principles: 1. Buildings shall define the streetscape through the use of established setbacks for each block. The streetscape shall be reinforced by lines of shade trees. 2. Buildings shall be designed to be compatible with the height and massing of adjacent buildings, as well as in relation to the human scale. 3. Masonry (stone and brick), if both used on the front façade, shall be required on the side and rear facades. 4. All materials, colors, and architectural details used on the exterior of a building shall be compatible with the building's style, and with each other. A building designed of an architectural style that normally includes certain integral materials, colors, and/or details shall incorporate such into its design. C. Building Design: The architectural design of all improvements to be located on the lot is subject to the prior approval of the Controlling Developer and Plan Commission. D. Roofs: 1. Roof pitches should be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 6:12 to 14:12. Gable, dormer and porch roof pitches may vary to achieve various architectural styles. Shed roofs (which pitch in one direction) are permitted only when the ridge is attached to an exterior wall of a building, in which instance the pitch shall be between 4:12 and 14:12. 2. Asphalt shingles shall be used and shall be a 30-year dimensional style. 3. All vents, attic ventilators, turbines, flues and other roof penetrations must be painted to match the color of the roof or flat black except those made of metal which may be left natural. Roofs shall have ridge vents or vents shall attach to the rear or side of the unit to reduce visibility from the street. 4. Overhangs shall be a minimum of twelve (12) inch roof overhang prior to the installation of masonry or siding material (where masonry meets any overhang, the overhang shall be eight (8) inch minimum). E. Exterior Facades, Colors, and Materials: Exhibit “F” – Page 3 of 10 1. Base colors and complementary or contrast colors should be compatible with the style of the structure. All exterior colors are subject to Controlling Developer approval. 2. Approved facade materials include: wood clapboard; fiber cement siding; brick; stone; manufactured or synthetic stone or brick; natural stone; cultured stone. 3. Building facades of non-masonry material shall have all openings trimmed in wood boards 1 x 4 inch nominal width and corners trimmed in wood boards of 1 x 6 inch nominal width (except where the style requires a wider width). Doors may have wider trim. 4. The front and side facades of all buildings adjacent to a public street or Common Area shall be of the same materials and similarly detailed except where inappropriate to the historic style of the structure. 5. Gables atop brick walls may be finished in fiber cement, stucco, wood, or other similar material. F. Entrances: 1. All entrances to a building should be defined and articulated by architectural elements. Any such element utilized shall be architecturally compatible with the style, materials, colors, and details of the building as a whole. 2. Doors may be of wood, steel or fiberglass. "Sliding" or "patio" doors are permitted only in a side or rear yard application. Storm doors and screen doors shall be full view without decorative trim. 3. Doors shall have glass, raised panels, or both. Storm doors and screen doors shall be finished to match the door they serve or the trim around it. G. Windows: 1. Window design is an integral feature of an architectural style. The number of panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the style of the structure. Variation in window size, configuration, spacing and number of panes can distinguish structures and contribute to a pleasing mix of compatible facades. 2. Window type shall be vinyl, vinyl clad, aluminum clad or wood. Glass shall be clear and free of color except where stained or art glass is appropriate to the historic style of the structure. Exhibit “F” – Page 4 of 10 3. All windows shall have the appearance of true divided lites by way of window grids. 4. All windows on a home shall be trimmed on all four sides except for windows that are (i) trimmed by Masonry, (ii) located on the front of the home and have shutters on both sides of the window, or (iii) located within a portion of a facade that is covered in Masonry. Trim boards shall not be less than 1" by 4" (nominal) in size. H. Trim: 1. Eaves, corner boards, gable and eave boards, pediments, friezes, lintels, pilasters, sills, quoins, bargeboards, belt courses, balustrades, brackets, hood molds and other trim features are defining characteristics of various approved architectural styles and must be included in the design of the structure. The absence of essential detail detracts from the integrity of the design and destroys the character of the facade. 2. Columns and pilasters shall be of an order appropriate to the architectural style of the structure. Where appropriate to the style of the structure. I. Garages and Driveways: 1. Garages shall be designed with decorative garage doors as defined below. 2. All garage doors shall be built of wood, embossed hardboard, embossed steel, fiberglass, or aluminum and shall have a minimum of one (1) of the following: windows, hardware or raised panels. Garage doors shall not exceed 18 feet in width for a two-car bay. J. Sidewalks: 1. Sidewalks must be installed within thirty (30) days following substantial completion of the principal structure on a block. 2. Sidewalks from the front entry of the building to the public sidewalk shall be constructed of concrete. 3. Public sidewalks in predominantly residential areas must be five (5) feet in width and constructed of concrete or other approved pavement materials. Asphalt is not approved for such purpose. Exhibit “F” – Page 5 of 10 4. Sidewalks must be flush to the ground and constructed in accordance with the design standards of the City of Carmel to the extent such standards are not inconsistent with the Zoning Ordinance or these Guidelines. K. Mailboxes and Newspaper Boxes: 1. All mailboxes must be of uniform size, type and color. 2. Newspaper boxes or receptacles may be incorporated into the mailbox. No other boxes are allowed. L. Walls and Fences: 1. Stone walls or brick walls with a stone or cast stone cap, wood or wrought iron fences (and aluminum equivalent style), are permitted. Solid wood fences are permitted in rear and side yards only. Fence locations and patterns are subject to the approval of the Controlling Developer. 2. Gates in fences shall be built of the fence material. Gates in garden walls may be of wood or wrought iron. 3. Retaining walls may be constructed of brick, stone, concrete or wood. 4. Fences built of wood shall be stained or painted a color approved by the Controlling Developer. Fences built of wrought iron (and aluminum equivalent style) shall be painted black. 5. The design of all walls and fences are subject to approval by the Controlling Developer. Fences are limited to wood picket in various configurations or wrought iron (or its aluminum equivalent) not exceeding forty-two (42) inches in height, except as follows: a. A six (6) foot fence may be constructed along any rear yard and between buildings. b. For purposes of affording privacy to a patio or deck area, a fence not exceeding eight (8) feet in height shall be permitted and located in the permitted building area. Fence design in this area shall only be white vinyl material and consistent throughout the Real Estate. c. Fences are to be painted; the color of paint must be approved by the Controlling Developer. M. Exterior Lighting: Exhibit “F” – Page 6 of 10 1. Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors, and details of the building. 2. See Section 4.7 for lot lighting standards. N. Premises Identification: Each residential structure shall display a uniform street address plaque on the front facade at a location approved by the Controlling Developer. Such plaque shall be of a size, style, color and material specified by the Controlling Developer. III. BUILDING REQUIREMENTS APPLICABLE TO SINGLE FAMILY DETACHED HOMES A. Roofs: Homes shall have a minimum of three (3) ridgelines, unless fewer is consistent with a historical style of the home, in which case a minimum of two (2) ridgelines are required. Only two (2) ridgelines are required if the front and two sides of the first floor are masonry wrapped. Ridge lines shall only be considered if they are horizontal ridges which form the peak of a pitched area that are a minimum of four (4) feet in length. Covered and enclosed porches shall count as a ridgeline. Any deviations to this may be approved by 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. B. Exterior Facades, Colors, and Materials: 1. Corner Breaks: Each home shall have a minimum of three (3) corner breaks on the front facade and two (2) corner breaks on the rear facade. The exterior corners of a covered porch, the outermost corners of the home, and a projection with a height of no less than six (6) feet shall count toward this requirement. 2. Masonry wainscot (at a minimum) shall be required on all sides of the dwellings (front, both sides and rear). The wainscot shall be a minimum height of the lower of (i) 36" above grade, or (ii) the bottom of the windows of the home. As many as twenty-five percent (25%) of homes may have less than the required masonry except on a corner lot or next to a common area where masonry shall be required. Exhibit “F” – Page 7 of 10 3. Side Façades Adjacent to public space: The side facade of dwellings adjacent to Open Space and street rights-of-way (including an alley) shall include a masonry wainscot per the standards of Section III(B)(2) above. C. Windows: 1. Each front facade shall include a minimum of three (3) windows, and each rear facade shall include a minimum of four (4) windows. 2. Each side facade shall include not less than two (2) windows per floor. Windows installed in a garage, a service door with a window, and transom windows in bathroom or storage areas shall count as one window for purposes of this requirement as long as the window(s) in the garage exceed an aggregate of four (4) square feet in size. 3. In counting windows, a double-hung shall count as one (1) window and each casement window where the glass is enclosed by vinyl, vinyl clad or aluminum clad, or wood material frame shall count as one (1) window. Windows shall be a minimum of four (4) square feet in size in order to count towards the minimum window requirements on the front and rear of a home and a minimum of four (4) square feet in size in order to count towards the minimum window requirements on the sides of the home. 4. All windows on a home shall be trimmed on all four sides except for windows that are (i) trimmed by Masonry, (ii) located on the front of the home and have shutters on both sides of the window, or (iii) located within a portion of a facade that is covered in Masonry. Trim boards shall not be less than 1" by 4" (nominal) in size. D. Porches: A minimum of fifty (50) percent of all homes shall include a porch on the front façade of the home which will include a minimum depth of five (5) feet. E. Garages: 1. Cornerstone Series homes on adjacent Lots shall be paired such that they include a garage design where one garage is setback from its neighbor and allows for a 20’ driveway minimum. 2. Edge Series homes shall include a garage that is located to the rear of the house. Garage doors shall not face the street. 3. Encore Series homes shall include a garage that is located to the rear of he home. Garage doors shall not face the street. Exhibit “F” – Page 8 of 10 O. Monotony Mitigation: 1. Minimum Number of Floor Plans: Area B and Area C shall have a minimum of seven (7) Floor Plans. 2. Front Façade: The same front building elevation shall not be constructed for two (2) homes on each side of the subject home on the same side of the street and for five (5) homes across the street from the subject home as generally illustrated on the Concept Plan. 3. Exterior Siding Color: No two side by side homes and the home across the street from the subject lot shall have the same primary exterior color on the primary structure of the home. 4. Exterior Masonry Color: No two side by side homes shall have the same masonry color. 5. Anti-Monotony Exemption: Homes that either a) do not front the same street with front doors facing the same street, or b) homes 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. P. Sidewalks: All dwellings shall have a sidewalk from the front door to the public sidewalk or driveway. IV. BUILDING REQUIREMENTS APPLICABLE TO Paired-home Dwellings (Encore Series) A. Roofs: Homes shall have a minimum of three (3) ridgelines, unless fewer is consistent with a historical style of the home, in which case a minimum of two (2) ridgelines are required. Only two (2) ridgelines are required if the front and two sides of the first floor are masonry wrapped. Ridge lines shall only be considered if they are horizontal ridges which form the peak of a pitched area that are a minimum of four (4) feet in length. Covered and enclosed porches shall count as a ridgeline. Any deviations to this may be approved by 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. B. Garages: To encourage the pedestrian nature garage doors shall not front the street. Access shall be from an alley. Exhibit “F” – Page 9 of 10 C. Exterior Facades, Colors, and Materials: 1. All units shall have a minimum if three (3) materials, colors, or patterns on the front façade, one of which shall be Masonry. 2. Side and Rear Façades shall include: a. Masonry wainscot a minimum height of the lower of (i) 36" above grade, or (ii) the bottom of the windows of the home. b. One or more of the following shall be provided on a side façade facing a Public Space: a change in material pattern, a gable peak change in material, a change of color with trim, the addition of architectural detail plus trim board, or a change in pattern as shown on Exhibit E attached hereto. D. Windows: 1. Each front facade shall include a minimum of three (3) windows, and each rear facade shall include a minimum of three (3) windows. 2. Each visible side facade shall include not less than two (2) windows per floor. Windows installed in a garage, a service door with a window, and transom windows in bathroom or storage areas shall count as one window for purposes of this requirement as long as the window(s) in the garage exceed an aggregate of four (4) square feet in size. 3. In counting windows, a double-hung shall count as one (1) window and each casement window where the glass is enclosed by vinyl, vinyl clad or aluminum clad, or wood material frame shall count as one (1) window. Windows shall be a minimum of four (4) square feet in size in order to count towards the minimum window requirements on the front and rear of a home and a minimum of four (4) square feet in size in order to count towards the minimum window requirements on the sides of the unit. 4. All windows on a home shall be trimmed on all sides except for windows that are (i) trimmed by Masonry, (ii) located on the front of the home and have shutters on both sides of the window, or (iii) located within a portion of a facade that is covered in Masonry. Trim boards shall not be less than 1" by 4" (nominal) in size. E. Porches: A minimum of fifty (50) percent of all homes shall include a porch on the front façade of the home which will include a minimum depth of five (5) feet. F. Sidewalks: To encourage the pedestrian nature of the development a sidewalk from the front door to the public sidewalk shall be provided. Exhibit “F” – Page 10 of 10 G. Monotony Mitigation: 1. Minimum Number of front elevations: Paired-home dwellings shall have a minimum of three (3) front elevations. 2. Exterior Color Package: Individual units shall incorporate various colors, materials, patterns, and design features. 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. Clay Cottages PUD - D 091824