HomeMy WebLinkAboutPacket for PCC 11-07-2024
Towne 146 PUD
Planned Unit Development (PUD) / Rezone
Docket No. PZ-2024-00028
PUD REZONE
CITY OF CARMEL, INDIANA
November 7, 2024
Plan Commission
Committee of the Whole
Applicant: Lennar Homes of Indiana, LLC
Attorneys: Nelson & Frankenberger, LLC
Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
317-844-0106
TABLE OF CONTENTS
1. Updated Explanation of Request
2. Site Location Map
Context Exhibits
3. Revised Concept Plan
4. Connectivity Plan
Open Space Plan
5. Architectural Character Imagery Area A – Single-Family Detached Ranch Homes
6. Architectural Character Imagery Area B – Single-Family Detached Ranch and 2-
Story Homes
7. Architectural Character Imagery Area C – 2-Story Townhomes
8. Proposed Rental Restriction Commitments
9. Redlined and Updated Towne 146 PUD Ordinance
10. Revised Towne 146 PUD Ordinance
TAB 1
1
Updated Towne 146 PUD Project Description
Lennar Homes of Indiana, LLC (“Lennar”) has filed a rezone application seeking approval of
the “Towne 146 Planned Unit Development Ordinance” (the “Towne 146 PUD”) which pertains to a
15.67 acre site located at the southeast corner of 146th Street and Towne Road (the “Real Estate”).
The Real Estate is adjacent to the Saddle Creek community to the south and Ambleside community
to the east. Included behind Tab 2 are various site location context maps that depict the location of
the Real Estate, as well as the existing and proposed future development around the Real Estate.
Modifications to the Towne 146 PUD proposal resulting from the discussion and input from
the September and October Committee meetings are described below.
1. Revisions to the Concept Plan: Included behind Tab 3 is the revised Concept Plan.
The revised Concept Plan is behind Tab 3 includes a pond that is combined with the Ambleside
pond. This plan includes a total of 87 lots consisting of 17 ranch homes which have a first-
floor primary bedroom, 12 new proposed ranch and 2-story detached homes that also offer a
first-floor bedroom (which new home product is described below in Paragraph 2) and 58 2-
story townhomes. This revised Concept Plan provides more homes with a first-floor bedroom,
preserves more trees along the southern portion of the Real Estate and in the southeast corner
of the Real Estate and provides a larger common area and other open space areas than the
original Concept Plan. This revised Concept Plan includes 5 fewer homes than the original
Concept Plan that included 92 homes.
2. New Area B Home Product: Included behind Tab 6 is the new home product for Area B.
The homes originally proposed in Area B were 2-story detached homes and these homes did
not have a first-floor bedroom. Lennar has removed those homes and replaced them with their
Venture Alley series homes that include both a ranch product and a 2-story detached product,
both of which include a first-floor bedroom. Lennar anticipates the average sales prices for
these homes may range between $375,000 and $400,000.
3. Connectivity and Open Space Exhibits: Included behind Tab 4 is a Connectivity exhibit
showing locations of 10’ multi-use paths, sidewalks and the 10’ wood deck/walkway across
the pond feature and an Open Space exhibit which identifies natural open space areas, tree
preservation areas and designed open space areas.
4. Rental Restriction Commitments: Included behind Tab 8 are proposed Rental Restriction
Commitments for the Towne 146 community.
5. Redline Towne 146 PUD comparing original PUD to updated PUD: Included behind Tab 9 is
the redlined, revised Towne 146 PUD.
6. Towne 146 Revised PUD: Included behind Tab 10 is the revised Towne 146 PUD.
2
The Towne 146 PUD provides a variety of home types and price points. The larger lots for
the ranch homes will range between $350,000 to $375,000, the new Venture Alley series detached
homes will range between $375,000 and $400,000. and the townhomes will range between $325,000
to $350,000. The architectural quality and character of the residential homes proposed for the Towne
146 community will be compatible with that of the surrounding residential communities. Alleys will
be utilized to enhance the streetscape appearance from the public view. The townhomes are limited
to 2-stories in height to be consistent in scale with the surrounding single-family residential uses.
We look forward to presenting this request to the Plan Commission Committee on November
7, 2024.
Respectfully submitted,
3
2024 Carmel Housing Task Force Statement
The Carmel Mayor’s Housing Task Force Findings and Recommendations Report, dated September
10, 2024, identified certain recommendations and objectives for new housing inventory for the City of Carmel.
In this regard, the Towne 146 PUD meets many of the recommendations and objectives by: (i) providing
availability of appropriately priced new housing opportunities to the current empty-nester Carmel population
who are seeking to downsize out of their larger homes, but still want to reside in Carmel as they age, as many
of the homes have a bedroom on the first floor; (ii) encouraging empty-nester Carmel residents who want to
downsize and move out of their larger existing homes, thus making those larger existing homes more accessible
to younger “legacy” residents with young, growing families to move into; (iii) facilitating and increasing the
supply of “missing-middle” smaller housing opportunities that are desired by seniors (because many of the
homes having a first floor bedroom) who are looking to downsize, in the form of well-designed, single-family
detached homes on smaller lots with less home square footage and less maintenance responsibilities, but with
the desired community amenities, including open spaces, gathering areas, a pedestrian-friendly neighborhood
with trails and paths - the types of community amenities that allow residents to interact and from meaningful
neighborhood bonds; and, (iv) proposing an “in-fill” development that should protect the existing and
surrounding residential communities, which also addresses objectives in the Comprehensive Plan related to
the protection of existing neighborhoods, as the Towne 146 PUD contains specific architectural guidelines
and standards and tree preservation.
Comprehensive Plan Statement
The subject Real Estate and surrounding area south of 146th Street is designated, per the Carmel
Comprehensive Plan 2022 Development Patterns Map, as “West Neighborhoods”. The subject Real Estate is
also located within a “Typical Corridor” (146th Street) as designated in the Comprehensive Plan. Attributes
associated with a “Typical Corridor" include: (i) serving as a transition between places and uses; and (ii)
allowing for expanded housing options.
As shown on the various site location context exhibits included behind Tab 2, the area north of 146th
Street includes property within Westfield zoned for intense retail, commercial and office uses. The Real Estate
is an “in-fill” site and presents a unique opportunity for development of a master-planned residential
community that includes smaller for-sale ownership opportunities, with multiple home product offerings that
expands housing options in Carmel, and in a location that serves as an appropriate transition between the
existing residential neighborhoods on the south side of 146th Street and the more intense uses and development
that will occur on the north side of 146th Street.
The Towne 146 PUD provides for: (i) expanded diversity of for-sale housing products, including
single-family detached homes offering a first-floor bedroom, with enhanced architectural design and detail as
is required by the architectural provisions of the proposed PUD; (ii) an appropriate transition next to a major
thoroughfare (146th Street) and intense commercial development; (iii) limiting the height of homes and
townhomes to 2-stories and positioning the fronts of dwellings to face toward 146th Street providing an
attractive streetscape; and, (iv) internal and external pedestrian connectivity and passive common areas and
open space areas, including tree preservation.
TAB 2
Site Location Map / Aerial Photograph
NORTH
SITE
To
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146th Street
TAB 3
TAB 4
146TH & TOWNE ROAD
CARMEL, INDIANA
0'
SCALE: 1" =
GRAPHIC SCALE
50' 100' 150'
100'(11x17)
CONNECTIVITY EXHIBIT
OCTOBER 22, 2024
LEGEND
Q
OLD 146TH STREET
TOWNE & 146TH
OPEN SPACE EXHIBIT
CARMEL, INDIANIAOCTOBER 22, 2024
0'
SCALE: 1" =
GRAPHIC SCALE
60' 120' 180'
120'
(11x17)
NATURAL OPEN SPACE - TREE PRESERVATION
DESIGN OPEN SPACE
EXISTING WETLANDS
TREE PRESERVATION FENCE
0.46 AC.
2.84 AC.
0.61 AC.
TOTAL OPEN SPACE = 3.91 AC.
SITE ACREAGE = 15.76 AC.
CURRENT OPEN SPACE = 24%
TAB 5
TAB 6
TAB 7
Note:
Front Elevation 6-Unit Building
Note:Note:Note:
C-6.1
Rear Elevation
N o t e :
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SA
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Discovery C Endeavor A Endeavor B Discovery DEndeavor A Endeavor B
6-Unit Building
Discovery D Endeavor AEndeavor B Discovery CEndeavor AEndeavor B
Note:
Note:
Control Roof Plan 6-Unit Building
Note:Note:
C-6.2
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17
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SA
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Discovery C Endeavor A Endeavor B Discovery DEndeavor A Endeavor B
6-Unit Control Foundation Plan
2-Story Townhomes
Control Fndtn. Plan
6-Unit Rear-Load
1781-0
1782-0
SAM
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3
Discovery C Endeavor A Endeavor B Discovery DEndeavor A Endeavor B
N o t e :
TAB 8
Lennar 146th Zoning Commitments 10.22.24
COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE
Document Cross Reference: Warranty Deed Recorded with the Hamilton County Recorder’s
Office on May 10, 2000, as Instrument No. 2000-22764.
WHEREAS, Lennar Homes of Indiana, LLC is the applicant (the “Applicant”) and CB
Family Partnership is the owner (the “Owner“) in regard to a rezone application identified by
Docket Number PZ-2024-00028 that is seeking to rezone the real estate that is described below
to the Towne 146th Planned Unit Development Ordinance (the “Towne 146 PUD”) (collectively,
the “Request”) with the City of Carmel’s Plan Commission (the “Plan Commission”) and the
City of Carmel’s Common Council (the “Council”) pertaining a parcel of real estate that is
identified by the Hamilton County, Indiana Auditor’s Office as Tax Parcel Identification Number
17-09-21-00-00-001.000 (the “Real Estate”), which Real Estate is more particularly described in
Exhibit A which is attached hereto and incorporated herein by reference;
WHEREAS, pursuant to I.C. 36-7-4-1015, and the City of Carmel’s Unified
Development Ordinance (the “UDO”), the Plan Commission and Council may request written
zoning commitments in connection with approving rezone requests; and, the Owner and
Applicant, in response to the request by the Plan Commission for certain rental zoning
commitments in connection to the Request, are offering below described zoning commitments
(the “Commitments”);
NOW THEREFORE, the Applicant and Owner make the following Commitments
regarding the Homes to be constructed on the Real Estate:
Section 1. Commitments. Any Home to be constructed upon the Real Estate is subject to
the following Commitments:
A. Required Sale, Rental and Leasing Provisions in the CCR’s: The following text shall
be included in the Covenants, Conditions and Restrictions (the “CCR’s”) that shall be
prepared and recorded with the Office of the Recorder of Hamilton County, Indiana
which CCR’s shall govern any Homes to be constructed on the Real Estate:
1. Limitations on the Sale of Homes by Lennar Homes: Lennar Homes, and its
successors and assigns including any other builder of a Home on the Real Estate,
shall only be permitted to sell a maximum of two (2) Homes to the same
individual or individuals, corporation, trust, limited liability company, limited
partnership or other similar corporate entity.
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Lennar 146th Zoning Commitments 10.22.24
2. Prohibition of Short-term Rentals: Short-term rentals, as defined in the City of
Carmel’s Unified Development Ordinance (“UDO”) and as permitted under
Section 5.73 of the UDO, shall be prohibited on the Real Estate and an owner of a
Home shall be prohibited from advertising their Home as a short-term rental on
any and all short-term rental internet websites.
3. Limitations on Rental and Leasing of Homes: Subject to the terms and conditions
set forth below and subject to the exceptions set forth below, the following shall
apply to the rental or leasing of Homes:
a. A maximum of twenty percent (20%) of the Homes on the Real Estate
shall be permitted to be rented or leased to a third party.
b. The initial owner who purchases a Home from Lennar Homes or any other
builder of a Home shall not be permitted to rent or lease their Home for
income to a third party until that initial owner has owned and resided in
the Home for a period of at least twelve (12) months.
c. After the twelve (12) month period has expired, the initial owner shall be
permitted to lease the Home for income to a third party; however, said
lease term to any third party shall be for a minimum period of six (6)
months.
d. All rental agreements between an owner of a Home and tenant shall: (i)
prohibit subleasing and assignment of any rights and obligations to a 3rd
party; (ii) be in writing; and, (ii) be approved by the Association Board
prior to execution by the owner of a Home and tenant.
e. Upon execution by the owner of a Home and tenant of an Association
Board approved rental agreement, the owner shall be required to: (i)
provide to the tenant the CCR’s; and, (ii) provide the fully executed lease
to the Association Board within fifteen (15) days.
4. Exceptions to Limitations on Rental and Leasing of Homes Due to Hardship:
a. “Hardship” is defined herein as a personal or financial situation affecting
the owner of a Home that, without allowing the renting or leasing of the
owner’s Home, detrimental financial harm may occur to the owner.
b. An exception to Paragraph 3 above shall exist if an owner of a Home
qualifies for a Hardship exception. For an owner to qualify for a Hardship
exception, the owner shall provide a written Hardship request to the
Association Board that details the specific circumstances of the owner’s
Hardship and an explanation of the detrimental financial harm that may
3
Lennar 146th Zoning Commitments 10.22.24
occur to the owner if that owner is not permitted to rent or lease their
Home.
c. Within fifteen (15) days of the Association Board receiving a written
Hardship Request, the Association Board shall provide the owner a written
response either approving the Hardship request or denying the Hardship
request. In the event a Hardship request is denied, the Association Board
shall set forth its reasons for denial.
d. In the event an owner of a Home qualifies for a Hardship exception, the
owner shall be permitted to lease their Home for income to a third party
however, said lease term to any third party shall be for a minimum period
of six (6) months.
e. All rental agreements between an owner of a Home and tenant occurring
as a result of a Hardship shall: (i) prohibit subleasing and assignment of
any rights and obligations to a 3rd party; (ii) be in writing; and, (ii) be
approved by the Association Board prior to execution by the owner of a
Home and tenant.
f. Upon execution by the owner of a Home and tenant of an Association
Board approved rental agreement occurring as a result of a Hardship, the
owner shall be required to: (i) provide to the tenant the CCR’s; and, (ii)
provide the fully executed lease to the Association Board within fifteen
(15) days.
5. Exceptions to Limitations on Rental and Leasing of Homes for Certain Loans and
Mortgages:
a. An exception to Paragraph 3 above shall exist if there are any FHA, VA or
USDA insured loans or mortgages affecting a Home or Lot for as long as
any of the foregoing insured loans or mortgages apply to the Home or Lot.
Any restrictions in Paragraph 2 above relating to the renting, leasing,
subleasing, or reconveyance that violate any FHA, VA or USDA
requirements shall not apply to any Home, Lot or its owner.
Section 2. Definitions.
1. Applicant. Lennar Homes of Indiana, LLC.
2. Association Board. Shall mean the board of directors of the homeowner’s association that
shall be established and incorporated by Lennar Homes of Indiana, LLC that shall govern
and regulate the Real Estate, which shall also include the establishment of association
By-Laws and Covenants, Conditions and Restrictions pertaining to the Real Estate.
4
Lennar 146th Zoning Commitments 10.22.24
3. Director. The Director of Department of Community Services of the City of Carmel,
Indiana.
4. Home or Homes. Shall mean any single-family detached homes and any townhomes on
the Real Estate.
5. FHA. Federal Housing Administration.
6. Lot. Shall mean a lot as a lot is to be defined in the Towne 146 Covenants, Conditions
and Restrictions.
7. Owner. CB Family Partnership.
8. USDA. United States Department of Agriculture.
9. VA. United States Department of Veterans Affairs.
Section 3. Modification of Commitments. These Commitments shall continue in effect
until modified or terminated. These Commitments shall only be modified or terminated by the
Plan Commission in accordance with the City of Carmel’s Unified Development Ordinance and
any applicable laws, rules and regulations.
Section 4. Effective Date. These Commitments shall be effective upon the Council’s
approval of the Request.
Section 5. Recording. These Commitments shall be recorded with the Office of the
Recorder of Hamilton County, Indiana by the Applicant upon approval of the Request by the
Council and acquisition of the Real Estate. Within thirty (30) days after the recording of these
Commitments, the Applicant shall provide to the Director a recorded copy of these
Commitments.
Section 6. Enforcement. These Commitments may be enforced by the Director of the
Department of Community Services at the direction of the Council and/or Plan Commission.
Section 7. Binding on Successors. These Commitments are binding upon: (i) the Owner,
and its successors and assigs; (ii) Lennar, its successors and assigns including any other builder
of a Home on the Real Estate; (iii) each owner of a Home; and, (iii) upon each owner of a home
successors, assigns and grantees with respect to the portion of the Real Estate owned by such
successor, assign and grantee and during such successor’s, assign’s and grantee’s ownership,
unless the Commitments herein are modified or terminated by the Plan Commission pursuant to
the requirements herein. Notwithstanding the provisions of this Section 7, these Commitments
shall terminate as to any part or parts of the Real Estate for which the zoning district or
classification is later changed after the Effective Date.
5
Lennar 146th Zoning Commitments 10.22.24
IN WITNESS WHEREOF, the Owner has caused these Commitments to be executed as
of the dates identified below.
“Owner”
CB Family Partnership
By: _______________________________
Name: _______________________________
Title: _______________________________
Date: ___________________, 2024
STATE OF INDIANA )
) SS.:
COUNTY OF ______________ )
Before me the undersigned, a Notary Public, in and for said County and State, personally
appeared _________________________________ (name) as ___________________________
title) of CB Family Partnership, the Owner, who acknowledged the execution and the foregoing
Commitments Concerning Use and Development of Real Estate this _____ day of
_____________, 2024 for and on behalf of said entity.
WITNESS my hand and Notarial Seal this _________ day of _________________, 2024.
My Commission Expires: ___________________________________
____________________ Notary Public
Residing in _____________ ___________________________________
County of _____________ Printed Name
6
Lennar 146th Zoning Commitments 10.22.24
IN WITNESS WHEREOF, the Applicant has caused these Commitments to be
executed as of the dates identified below.
“Applicant”
Lennar Homes of Indiana, LLC
By: _______________________________
Name: _______________________________
Title: _______________________________
Date: ___________________, 2024
STATE OF INDIANA )
) SS.:
COUNTY OF ______________ )
Before me the undersigned, a Notary Public, in and for said County and State, personally
appeared _________________________________ (name) as ___________________________
title) of Lennar Homes of Indiana, LLC, the Applicant, who acknowledged the execution and the
foregoing Commitments Concerning Use and Development of Real Estate this _____ day of
_____________, 2024 for and on behalf of said entity.
WITNESS my hand and Notarial Seal this _________ day of _________________, 2024.
My Commission Expires: ___________________________________
____________________ Notary Public
Residing in _____________ ___________________________________
County of _____________ Printed Name
This instrument prepared by James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger,
550 Congressional Blvd., Suite 210, Carmel, IN 46032.
Return to: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210,
Carmel, IN 46032.
I affirm under the penalties of perjury that I have taken reasonable care to redact each social
security number in this document, unless required by law. James E. Shinaver.
7
Lennar 146th Zoning Commitments 10.22.24
EXHIBIT “A”
(Legal Description)
Page 1 of 2
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.
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Lennar 146th Zoning Commitments 10.22.24
EXHIBIT “A”
(Legal Description – Location Map)
Page 2 of 2
TAB 9
Sponsors:________________
CARMEL, INDIANA
Towne 146
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-24
September 20October 23, 2024
Version 10 09202412 102324
2
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 ......................................................................................109
Section 7. Signage Requirements ...........................................................................................1210
Section 8. Additional Requirements and Standards .................................................................. 1310
Section 9. Procedural Provisions ...........................................................................................1413
Section 10. Controlling Developer’s Consent .........................................................................1514
Section 11. Violations and Enforcement .................................................................................1615
Section 12. Exhibits .................................................................................................................1615
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery – Area A Lots
Exhibit D Architectural Character Imagery – Area B Lots
Exhibit E Architectural Character Imagery – Area C – Townhomes
Exhibit F Architectural Standards
Exhibit G Common Area Concept Imagery
Version 10 09202412 102324
3
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 development of a mixed-residential
neighborhood laid out in the style and character as depicted on the Concept Plan (attached as
Exhibit B) which includes single-family homes and townhomes.
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 August 20, 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
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
Version 10 09202412 102324
4
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.
Area B Lots: The area identified as “Area B” on the Concept Plan.
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Area C – Townhomes: The area identified as “Area C” on the Concept Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as 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), 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 F (Architectural Standards).
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 Lots, streets and Common 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.
“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 PlanPrimary Plat and Building
Permits.
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Plan Commission: The City’s Plan Commission.
Primary Plat or “PP”: 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.
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. Section 3.1 Permitted Uses: The Conceptual Plan divides the District into three
(3) Areas: Area A (Front Load Detached Residential), Area B (Rear Load Detached
Residential, Alley), and Area C (Townhomes - Attached Residential). The Permitted
Uses within each Area shall be as set forth below:
1.A. Area A and Area B: Single-Family Dwellings.
2.B. Area C: TownhomeTownhomes.
3.C. Temporary Model Homes shall be permitted in all Areas.
B. Section 3.2 Accessory Building and Uses: Accessory Buildings and Uses shall
be permitted in the District unless prohibited in the Declaration(s) of Covenants.
Accessory Buildings and Uses shall be subject to the terms and restrictions of the UDO.
A. Solar Panels shall be a permitted Accessory Use on the Real Estate.
C. Section 3.3 Special Uses: Special Uses shall be permitted as set forth in the
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Use Table and shall be subject to review and subsequent approval pursuant to the UDO.
D. Section 3.4 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. Section 3.5 Home Occupations: Home Occupations shall be permitted and
shall be subject to the terms and restrictions of the UDO.
F. Section 3.7 Non-Conforming Uses: Non-Conforming Uses and exemptions
shall be subject to the terms and restrictions of the UDO.
G. Section 3.8 Short Term Residential Rentals: Shorth Term Residential Rentals
as regulated under the UDO shall be prohibited on the Real Estate.
Section 4. Development Standards.
Section 4.1 Bulk Requirements: The following standards shall apply.
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
50' 5,000 40' 20' 6' 15' 1,400 1,700 60%
Area B – Rear
Load Detached
Residential,
Alley
30’42’ 3,000 20’ 10’ 6’ 15’ 1,200 1,400 75%
Area C –
Townhomes
Attached
Residential
24' N/A 20' 10' 15' between
buildings 10'
1,200 1,400
80%
Section 4.2 Maximum Residential Densities: The maximum number of Residential
Dwellings shall be eighty-seven (87).
Section 4.3 Building Height: The maximum Building Height shall be as follows:
A. Area A – Single-family: Twenty-eight (28) feet.
B. Area B – Single-family: Twenty-eight (28) feet.
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C. Area C – Single-family: Thirty-two (32) feet.
Section 4.4 Dwelling Orientation:
A. Dwellings in Area A shall have front-facing garages with individual
access to the street.
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).
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 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. Dwelling Architecture: Applicable architectural requirements and
standards for dwellings are contained in Exhibit F (Architectural
Standards) of this Towne 146 Ordinance.
Section 4.6 Lighting:
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. Street Lighting: Street lighting (lighting in the street right-of-way)
shall be required and shall meet the requirements of Article 7.32 and
7.33 of the UDO.
Section 4.7 Parking: Parking shall comply with the UDO, except as provided below:
A. Four (4) spaces per Dwelling are required.
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B. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-
street parking shall count toward the number of required parking
spaces.
C. Driveways designed to permit parking shall be a minimum of twenty
(20) feet in length as measured from the street right of way or alley.
Vehicles shall not be parked in a location that encroaches onto a
sidewalk or alley.
D. 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.
A. On-street Parking: On-street parking shall be permitted on the Real
Estate's internal streets and along the frontage road. Each parallel on-
street parking space shall be a minimum of twenty-two (22) feet in
length.
B. 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 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 G (Common Area Concept Imagery) of this Towne 146
Ordinance. An Open Space Plan shall be submitted at the time of
Development PlanPrimary Plat review.
Section 5.3 Section 5.3 The existing wetland generally located in the southeastern
corner of the Real Estate shall be placed within a Water Quality
Preservation Easement which shall permit pathways, storm sewers,
sanitary sewers, rear yard drainage easements and grading within the fifty
(50) foot easement area outside the delineation of the wetland.
Section 5.4 Internal paths shall be of a width and location as generally depicted on
Exhibit G (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.
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Section 5.45 Two (2) areas identified on the Concept Plan as “Park” shall be provided
as generally depicted on Exhibit G (Common Area Concept Imagery).
Collectively, the areas shall include (i) a boardwalk structure and (ii)
landscaping.
Section 5.6 The Common Area along the southern perimeter of the Real Easte shall be
in substantial compliance with the Concept Plan as required under Section
9.1.B of this Towne 146 Ordinance.
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. 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,
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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.
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
fifty (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.
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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.
3. Air Conditioning units shall be screened by a minimum of three (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: Stormwater management ponds shall incorporate
native vegetation (landscaping materials) along the perimeter of the
pond banks in order to count as a best management practice.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with the
UDO as amended below:
Section 7.1 Entryway Features. Entryway Features shall require ADLS Amendment
approval.
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
minimum setback of five (5) feet.
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 Standards.
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.
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C. Alleys pavement width shall be a minimum of twenty (20) feet.
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 G 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. Locations of these connections shall be shown on the
Development Plan.Primary Plat.
E. A sidewalk connection shall be provided between the path along the
east side of Towne Road to the sidewalk along the south side of the
146th Street frontage road. The location of this connection shall be
shown on the Primary Plat.
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 east
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 9. Procedural Provisions.
Section 9.1 Development PlansPrimary Plat and ADLS.
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A. Development Plan (“DPPrimary Plat (“PP”) 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 an Improvement Location Permit to determine if the
DPPP 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 PlanPrimary Plat Approval by the Plan
Commission. Substantial compliance shall be regulated in the same
manner as the “substantially or materially altered” provisions of the
UDO as it applies to Development Plans..
C. ADLS Approval by the Plan Commission shall be required for
Attached Single-Family (Townhome) Dwellings. 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 DPPP or ADLS,
review and approval of the amended plans shall be made by the Plan
Commission, or a Committee thereof, pursuant to the Plan
Commission’s rules of procedure. Minor Alterations shall be
approved by the Director.
Section 9.2 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.
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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 Signssigns 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.
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-G) 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” Page 1 of 2
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” Page 2 of 2
Exhibit “A”
(Legal Description – Location Map)
Exhibit “B” Page 1 of 12
Exhibit “B”
(Concept Plan)
Exhibit “B” Page 1 of 12
Exhibit “B”
(Connectivity Plan)
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
See following four (4) pages.
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
See following three (3) pages.
Exhibit “E”
(Architectural Character Imagery – Area C Lots - Townhomes)
See following four (4) pages.
Exhibit “F”
(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).
Section 2. Dwelling Design:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be
permitted siding materials. EIFS, Vinyl and aluminum siding shall be
prohibited.
1. All homes shall have a masonry that is used on the wainscot wrap onof 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.
3. There shall be a minimum of three (3) masonry colors used across the Real
Estate.
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:
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 A and 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. All 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.
G. AC Units: Air Conditioning units shall be located on the rear or side or the
side of end Townhome units.
Section 3. Monotony Mitigation, Single-Family Detached:
1.A. Front Façade: The same front building elevation shall not be constructed
on side by side(i) two (2) lots on either side of the subject lot and (ii) on a lot
directly across the street from the subject lot. To be different, the front
elevation would need to have changes in the form ofor the roof type of pitch,
porch placement, or significant dormer design or location.
2.B. 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.C. Exterior Masonry Color: No two (2) side by side homes on contiguous lots
shall have the same masonry color.
4.D. 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.A. Minimum Number of Floor Plans: Area C shall have a minimum of two
(2) Floor Plansunique floor plans.
2.B. No more than six (6) dwellings shall be attached to form a townhome
building.
3.C. Exterior Color Package: Individual units shall incorporate various colors,
materials, patterns, and design features as depicted in Exhibit E. There shall
be a minimum of two (2) masonry colors.
D. There shall be two (2) color schemes so that adjacent buildings may have
alternating colors. Additionally, adjacent buildings shall not have the exact
same front building elevation.
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.A. Driveways shall be a minimum of twenty (20) feet in length as measured
from the street right of way or alley. Vehicles shall not be parked in a
location that encroaches onto the sidewalk or alley.
2.B. Driveways shall be concrete, stamped concrete, brick, porous concrete, or
stone or pervious pavers. Asphalt and gravel driveways shall not be permitted.
Gravel shall not be a permitted ground cover between townhome driveways.
Mulch shall be provided between driveways in Area C along with two (2)
shrubs.
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 “G”
(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 10 09202412 102324
TAB 10
Sponsors:________________
CARMEL, INDIANA
Towne 146
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-24
October 23, 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 ..........................................................................................9
Section 7. Signage Requirements ...............................................................................................10
Section 8. Additional Requirements and Standards ...................................................................... 10
Section 9. Procedural Provisions ...............................................................................................13
Section 10. Controlling Developer’s Consent .............................................................................14
Section 11. Violations and Enforcement .....................................................................................15
Section 12. Exhibits .....................................................................................................................15
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery – Area A Lots
Exhibit D Architectural Character Imagery – Area B Lots
Exhibit E Architectural Character Imagery – Area C – Townhomes
Exhibit F Architectural Standards
Exhibit G 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 development of a mixed-residential
neighborhood laid out in the style and character as depicted on the Concept Plan (attached as
Exhibit B) which includes single-family homes and townhomes.
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 August 20, 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
made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and
restrictions applicable to the Real Estate shall be null and void and replaced and superseded by
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this 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.
Area B Lots: The area identified as “Area B” on the Concept Plan.
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Area C – Townhomes: The area identified as “Area C” on the Concept Plan.
Architectural Character Imagery: These comprise the elevations and photographs,
attached hereto as 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), 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 F (Architectural Standards).
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 Lots, streets and Common 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 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 Primary Plat and Building Permits.
Plan Commission: The City’s Plan Commission.
Primary Plat or “PP”: 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.
Primary Roof: The highest roof plane on the front elevation.
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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.
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.
Section 3.1 Permitted Uses: The Conceptual Plan divides the District into three (3)
Areas: Area A (Front Load Detached Residential), Area B (Rear Load Detached
Residential, Alley), and Area C (Townhomes - Attached Residential). The Permitted
Uses within each Area shall be as set forth below:
A. Area A and Area B: Single-Family Dwellings.
B. Area C: Townhomes.
C. Temporary Model Homes shall be permitted in all Areas.
Section 3.2 Accessory Building and Uses: Accessory Buildings and Uses shall be
permitted in the District unless prohibited in the Declaration(s) of Covenants. Accessory
Buildings and Uses shall be subject to the terms and restrictions of the UDO.
A. Solar Panels shall be a permitted Accessory Use on the Real Estate.
Section 3.3 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 UDO.
Section 3.4 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.
Section 3.5 Home Occupations: Home Occupations shall be permitted and shall be
subject to the terms and restrictions of the UDO.
Section 3.7 Non-Conforming Uses: Non-Conforming Uses and exemptions shall be
subject to the terms and restrictions of the UDO.
Section 3.8 Short Term Residential Rentals: Shorth Term Residential Rentals as
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regulated under the UDO shall be prohibited on the Real Estate.
Section 4. Development Standards.
Section 4.1 Bulk Requirements: The following standards shall apply.
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
50' 5,000 40' 20' 6' 15' 1,400 1,700 60%
Area B – Rear
Load Detached
Residential,
Alley
42’ 3,000 20’ 10’ 6’ 15’ 1,200 1,400 75%
Area C –
Townhomes
Attached
Residential
24' N/A 20' 10' 15' between
buildings 10'
1,200 1,400
80%
Section 4.2 Maximum Residential Densities: The maximum number of Residential
Dwellings shall be eighty-seven (87).
Section 4.3 Building Height: The maximum Building Height shall be as follows:
A. Area A – Single-family: Twenty-eight (28) feet.
B. Area B – Single-family: Twenty-eight (28) feet.
C. Area C – Single-family: Thirty-two (32) feet.
Section 4.4 Dwelling Orientation:
A. Dwellings in Area A shall have front-facing garages with individual
access to the street.
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).
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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 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. Dwelling Architecture: Applicable architectural requirements and
standards for dwellings are contained in Exhibit F (Architectural
Standards) of this Towne 146 Ordinance.
Section 4.6 Lighting:
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. Street Lighting: Street lighting (lighting in the street right-of-way)
shall be required and shall meet the requirements of Article 7.32 and
7.33 of the UDO.
Section 4.7 Parking: Parking shall comply with the UDO, except as provided below:
A. Four (4) spaces per Dwelling are required.
B. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-
street parking shall count toward the number of required parking
spaces.
C. Driveways designed to permit parking shall be a minimum of twenty
(20) feet in length as measured from the street right of way or alley.
Vehicles shall not be parked in a location that encroaches onto a
sidewalk or alley.
D. 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.
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A. On-street Parking: On-street parking shall be permitted on the Real
Estate's internal streets and along the frontage road. Each parallel on-
street parking space shall be a minimum of twenty-two (22) feet in
length.
B. 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 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 G (Common Area Concept Imagery) of this Towne 146
Ordinance. An Open Space Plan shall be submitted at the time of Primary
Plat review.
Section 5.3 The existing wetland generally located in the southeastern corner of the
Real Estate shall be placed within a Water Quality Preservation Easement
which shall permit pathways, storm sewers, sanitary sewers, rear yard
drainage easements and grading within the fifty (50) foot easement area
outside the delineation of the wetland.
Section 5.4 Internal paths shall be of a width and location as generally depicted on
Exhibit G (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 5.5 Two (2) areas identified on the Concept Plan as “Park” shall be provided
as generally depicted on Exhibit G (Common Area Concept Imagery).
Collectively, the areas shall include (i) a boardwalk structure and (ii)
landscaping.
Section 5.6 The Common Area along the southern perimeter of the Real Easte shall be
in substantial compliance with the Concept Plan as required under Section
9.1.B of this Towne 146 Ordinance.
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 Primary Plat shall be installed
prior to issuance of the first Certificate of Occupancy for a dwelling in
the area of the Real Estate subject to a Secondary Plat; provided,
however, that when because of weather conditions, it is not possible to
install the approved landscaping before the issuance of a Certificate of
Occupancy, the Controlling Developer shall request a temporary
Certificate Of Occupancy which shall be conditioned upon a
determined time to complete the installation of the uninstalled
landscape material.
D. All landscaping is subject to Primary Plat approval. No landscaping
which has been approved by the Urban Forester with the Primary Plat
may later be substantially altered, eliminated or sacrificed without first
obtaining further approval from the Urban Forester in order to conform
to specific site conditions.
E. It shall be the responsibility of the owner(s), with respect to any
portion of the Real Estate owned by such owner(s) and on which any
landscaped area exists per the requirements of this 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
fifty (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 three (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: Stormwater management ponds shall incorporate
native vegetation (landscaping materials) along the perimeter of the
pond banks in order to count as a best management practice.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with the
UDO as amended below:
Section 7.1 Entryway Features. Entryway Features shall require ADLS Amendment
approval.
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
minimum setback of five (5) feet.
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 Standards.
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.
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.
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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 G 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. Locations of these connections shall be shown on the
Primary Plat.
E. A sidewalk connection shall be provided between the path along the
east side of Towne Road to the sidewalk along the south side of the
146th Street frontage road. The location of this connection shall be
shown on the Primary Plat.
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 east
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 9. Procedural Provisions.
Section 9.1 Primary Plat and ADLS.
A. Primary Plat (“PP”) 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 an
Improvement Location Permit to determine if the PP 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 Primary Plat Approval by the Plan Commission.
Substantial compliance shall be regulated in the same manner as
the “substantially or materially altered” provisions of the UDO.
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C. ADLS Approval by the Plan Commission shall be required for
Attached Single-Family (Townhome) Dwellings. 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 PP or ADLS,
review and approval of the amended plans shall be made by the Plan
Commission, or a Committee thereof, pursuant to the Plan
Commission’s rules of procedure. Minor Alterations shall be
approved by the Director.
Section 9.3 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 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;
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D. 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.
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-G) 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” Page 1 of 2
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” Page 2 of 2
Exhibit “A”
(Legal Description – Location Map)
Exhibit “B” Page 1 of 2
Exhibit “B”
(Concept Plan)
Exhibit “B” Page 1 of 2
Exhibit “B”
(Connectivity Plan)
Exhibit “C”
(Architectural Character Imagery – Area A Lots)
See following four (4) pages.
Exhibit “D”
(Architectural Character Imagery – Area B Lots)
See following three (3) pages.
Exhibit “E”
(Architectural Character Imagery – Area C Lots - Townhomes)
See following four (4) pages.
Exhibit “F”
(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).
Section 2. Dwelling Design:
A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be
permitted siding materials. EIFS, Vinyl and aluminum siding shall be
prohibited.
1. All homes shall have a masonry that is used on the wainscot of 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.
3. There shall be a minimum of three (3) masonry colors used across the Real
Estate.
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:
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 A and 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. All 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.
G. AC Units: Air Conditioning units shall be located on the rear or side or the
side of end Townhome units.
Section 3. Monotony Mitigation, Single-Family Detached:
A. Front Façade: The same front building elevation shall not be constructed on (i)
two (2) lots on either side of the subject lot and (ii) on a lot directly across the
street from the subject lot. To be different, the front elevation would need to
have changes in the form or the roof type of pitch, porch placement, or dormer
design or location.
B. 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.
C. Exterior Masonry Color: No two (2) side by side homes on contiguous lots
shall have the same masonry color.
D. Anti-Monotony Exemption: Lots that either do not front the same street with
front doors facing the same street shall be exempt from this anti-monotony
requirement. In this scenario, the pattern shall reset.
Section 4. Monotony Mitigation, Single-Family Attached (Townhomes):
A. Minimum Number of Floor Plans: Area C shall have a minimum of two (2)
unique floor plans.
B. No more than six (6) dwellings shall be attached to form a townhome
building.
C. Exterior Color Package: Individual units shall incorporate various materials,
patterns, and design features as depicted in Exhibit E.
D. There shall be two (2) color schemes so that adjacent buildings may have
alternating colors. Additionally, adjacent buildings shall not have the exact
same front building elevation.
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:
A. Driveways shall be a minimum of twenty (20) feet in length as measured from
the street right of way or alley. Vehicles shall not be parked in a location that
encroaches onto the sidewalk or alley.
B. Driveways shall be concrete, stamped concrete, brick, porous concrete, or
stone or pervious pavers. Asphalt and gravel driveways shall not be permitted.
Gravel shall not be a permitted ground cover between townhome driveways.
Mulch shall be provided between driveways in Area C along with two (2)
shrubs.
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 “G”
(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 12 102324