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HomeMy WebLinkAboutPacket for PC 11-19-24 Towne 146 PUD Planned Unit Development (PUD) / Rezone Docket No. PZ-2024-00028 PUD REZONE CITY OF CARMEL, INDIANA November 19, 2024 Plan Commission 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. Revised Architectural Character Imagery Area C – 2-Story Townhomes 8. Proposed Rental Restriction Commitments 9. Redlined 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, October and November Committee meetings are described below. 1. Revisions to the Concept Plan: Included behind Tab 3 is the revised Concept Plan. A revised Concept Plan is included behind Tab 3 which includes adjustments to the lot configuration in order to expand the wetland buffer area at the southeast corner of the property. 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 and 58 2-story townhomes. This revised Concept Plan provides more homes with a first-floor bedrooms, preserves more trees in the southeast corner of the Real Estate and provides a larger common area and other open space areas than the original Concept Plan. Two (2) additional trees are now also required in the rear of lots along the south perimeter of the site as requested by DOCS Staff. The revised Concept Plan also includes 5 fewer homes than the original Concept Plan which included 92 homes in addition to the originally proposed neighborhood commercial building. 2. Home Product: Included behind Tab 5 and behind Tab 6 are home products for Area A and Area B respectively. The requested standard for porches by DOCS Staff of 6’ in depth has been added to the PUD for both Area A and Area B. The homes in Area A are all ranch homes with an option for a ½ story above and the homes in Area B 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 to range between $375,000 and $400,000. 3. Townhome Architecture: Included behind Tab 7 are illustrations including color variation and enhanced masonry treatment for 6-unit townhome buildings. 4. Connectivity and Open Space Exhibits: Included behind Tab 4 is an updated Connectivity exhibit illustrating the additional internal sidewalk locations and connectivity to the path on the south side of 146th Sreet. Of note is the 10’ wood deck/walkway feature which crosses the pond. An Open Space exhibit which identifies natural open space areas, tree preservation areas and designed open space areas has also been added to the PUD and updated to show the expanded wetland buffer area. 2    5. Rental Restriction Commitments: Included behind Tab 8 are proposed Rental Restriction Commitments for the Towne 146 community. 6. Redline Towne 146 PUD comparing original PUD to updated PUD: Included behind Tab 9 is the redlined, revised Towne 146 PUD. Changes to the PUD text are numerous including but not limited to the following:  Removal of the neighborhood commercial node.  Reduction in the number of homes  Landscaping and Open Space enhancements  Pedestrian Connectivity enhancements  Removal of the language which would allow the Plan Commission to consider waivers.  Architectural enhancements 7. Towne 146 Revised PUD: Included behind Tab 10 is the revised Towne 146 PUD. 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 on November 19, 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 w n e R o a d 146th Street TAB 3 146TH STREET TOW N E R D RETENTION DRAINAGE EASEMENT PARK PARK TRAIL FRONTAGE ROAD WITH PARKING TAB 4 OLD 146TH STREET 146TH & TOWNE ROAD CARMEL, INDIANA 0' SCALE: 1" = GRAPHIC SCALE 50' 100' 150' 100'(11x17) CONNECTIVITY EXHIBIT NOVEMBER 12, 2024 LEGEND S OLD 146TH STREET TOWNE & 146TH OPEN SPACE PLAN CARMEL, INDIANIANOVEMBER 12, 2024 0' SCALE: 1" = GRAPHIC SCALE 60' 120' 180' 120' (11x17) NATURAL OPEN SPACE - TREE PRESERVATION DESIGN OPEN SPACE EXISTING WETLANDS DRAINAGE EASEMENT TREE PRESERVATION FENCE 0.3 AC. 2.9 AC. 0.6 AC. 0.7 AC. TOTAL OPEN SPACE = 3.8 AC. SITE ACREAGE = 15.76 AC. CURRENT OPEN SPACE = 24% PARKPARK EXHIBIT " " TAB 5 TAB 6 TAB 7 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. 2 Lennar 146th Zoning Commitments 111224 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 111224 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, (iii) 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 111224 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, (iv) 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 111224 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 111224 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 111224 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. 8 Lennar 146th Zoning Commitments 111224 EXHIBIT “A” (Legal Description – Location Map) Page 2 of 2 TAB 9 Sponsors:________________ CARMEL, INDIANA Towne 146 PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-___-24 July 10November 13, 2024 Version 7 07092416 111324 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, Connectivity Plan Exhibit and Open Space Plan Exhibit C Permitted Use TableArchitectural Character Imagery – Area A Lots Exhibit D Architectural Character Imagery – Area AB Lots Exhibit E Architectural Character Imagery – Area B Lots Exhibit F Architectural Character Imagery – Area C – Townhomes Exhibit G Architectural Character Imagery – Area D – Neighborhood Commercial Exhibit HExhibit F ....................................................... Architectural Standards – Residential Exhibit I Architectural Standards – Neighborhood Commercial Exhibit JExhibit G................................................................ Common Area Concept Imagery Version 7 07092416 111324 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-useresidential 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 and a neighborhood commercial node. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the “PUD Statute”); and WHEREAS, Lennar Homes of Indiana, LLC (“Lennar”), submitted an application to the Carmel Plan Commission (the “Plan Commission”) to adopt a PUD District Ordinance for certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); and WHEREAS, Lennar’s application is consistent with the provisions of the UDO and PUD Statute; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and UDO, the Plan Commission conducted a public hearing on July 16August 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 Version 7 07092416 111324 4 restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Towne 146 Ordinance; and, (iv) this Towne 146 Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Towne 146 District. Section 1.2 Development in the Towne 146 District shall be governed entirely by (i) the provisions of this Towne 146 Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Towne 146 Ordinance. Where this Towne 146 Ordinance is silent, the applicable standards of the UDO shall apply. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Towne 146 Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word “shall” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Towne 146 Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Towne 146 Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the UDO. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Dwelling as the main use, and incidental to the main use. “ADLS”: The architecture, design, exterior lighting, landscaping and signage associated with a Building. “ADLS Approval”: Approval by the Plan Commission of architecture, design, lighting and landscaping and signage pursuant to the procedures for ADLS review of the UDO and the Development Requirements. Area A Lots: The area identified as “Area A” on the Concept Plan. Version 7 07092416 111324 5 Area B Lots: The area identified as “Area B” on the Concept Plan. Area C – Townhomes: The area identified as “Area C” on the Concept Plan. Area D – Commercial: The area identified as “Area D” on the Concept Plan. Architectural Character Imagery: These comprise the elevations and photographs, attached hereto as Exhibit C (Architectural Character Imagery – Area A Lots), Exhibit D (Architectural Character Imagery – Area AB Lots), and Exhibit E (Architectural Character Imagery – Area B Lots), Exhibit F (Architectural Character Imagery – Area C – Townhomes), and Exhibit G (Architectural Character Imagery – Area D – Commercial), and are intended to generally and conceptually illustrate an application of the Development Requirements. Architectural Character Imagery is general and not intended to delineate the only final designs that may be built. All Buildings and Dwellings will comply with the Architectural Standards but may vary from the Architectural Character Imagery provided all applicable Architectural Standards are met. Architectural Standards: The Architectural Standards incorporated herein under Exhibit HF (Architectural Standards – Residential) and Exhibit I (Architectural Standards – Commercial). Building: A structure having a roof supported by columns and walls, for shelter, support, or a Dwelling. Common Area(s): Common Areas shall comprise a parcel or parcels of land, areas of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designed by the Controlling Developer. Common Areas do not include any area which is divided into individual Dwelling lots or streets. Common Areas shall be in the areas generally identified on the Concept Plan. Concept Plan: The general plan for the development of the Real Estate, including but not limited to 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. Version 7 07092416 111324 6 “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. 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. Section 3.1 Permitted Uses: The Conceptual Plan divides the District into four (4three (3) Areas: Area A (Front Load Detached Residential), Area B (Rear Load Detached Residential, Alley), and Area C (Townhomes - Attached Residential), and Area D (Neighborhood Commercial).). The Permitted Uses within each Area shall be as set forth in this sectionbelow: A. Area A and in ExhibitArea B: Single-Family Dwellings. A.B. Area C Permitted Uses: Townhomes. Version 7 07092416 111324 7 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 including solar panels and trash enclosures in Area D, unless prohibited in the Declaration(s) of Covenants. Accessory Buildings and Uses shall be subject to the terms and restrictions of the UDO. 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 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% Neighborhood Commercial 20' 1,300 20' 5' 10' from residential 10' N/A 90% Version 7 07092416 111324 8 Section 4.2 Maximum Residential Densities: The maximum number of Residential Dwellings shall be ninety-two (92eighty-seven (87). Section 4.3 Building Height: The maximum Building Height shall be thirty-five (35as follows: A. Area A – Single-family: Twenty-eight (28) feet for all Buildings. . 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). 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 AB Lots), and Exhibit E (Architectural Character Imagery – Area B Lots), Exhibit F (Architectural Character Imagery – Area C – Townhomes), and Exhibit G (Architectural Character Imagery – Area D – Neighborhood Commercial). B. Dwelling Architecture: Applicable architectural requirements and standards for dwellings are contained in Exhibit HF (Architectural Standards - Residential) of this Towne 146 Ordinance. Version 7 07092416 111324 9 C. Commercial Architecture: Applicable architectural requirements and standards for commercial buildings are contained in Exhibit I (Architectural Standards – Neighborhood Commercial) of this Towne 146 Ordinance. Section 4.6 Lighting: 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. C. Commercial Lighting: All lighting in Area D shall meet the commercial lighting requirements of Article 3.92 of the UDO. Section 4.7 Parking: Parking shall comply with the UDO, except as provided below: A. Neighborhood Commercial Parking: 1. A minimum of three (3) parking spaces per 1,000 square feet of interior commercial space shall be required. 2. A maximum of two (2) rows of parking shall be permitted between the building and the frontage road. 3. The crosshatched area within the street right-of-way as illustrated on the Concept Plan shall be decorative pavement, colored concrete or pavers. B. Dwelling Parking: 1.A. Four (4) spaces per Dwelling are required. 2.B. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-street parking shall count toward the number of required parking spaces. 3.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. Version 7 07092416 111324 10 4.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. C.A. On-street Parking: On-street parking shall be permitted on the Real Estate's internal streets and along the frontage road. Residential on- street parking spaces may not be counted as part of the total commercial parking spaces required. Each parallel on-street parking space shall be a minimum of twenty-two (22) feet in length. D.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 JG (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 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 JG (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 5.45 Two (2) areas identified on the Concept Plan as “Park” shall be provided as generally depicted on Exhibit JG (Common Area Concept Imagery). Collectively, the areas shall include (i) a gatheringboardwalk structure and (ii) landscaping. Section /hardscapes as generally depicted in the 5.6 The Common Area along the Version 7 07092416 111324 11 southern perimeter of the Real Easte shall be in substantial compliance with the Concept Imagery.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, 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 Version 7 07092416 111324 12 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. c. Two (2) shade trees shall be required in the rear yard of all Lots in Area A within one-hundred (100) feet of the south perimeter of the Real Estate. 2. Area B and Area C: Version 7 07092416 111324 13 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. D. Area D (Commercial): 1. Parking lot landscaping shall comply with the standards of the UDO and shall be provided as generally depicted on the Concept Plan. 2. Building base landscaping shall be limited and substituted with hardscape areas as depicted on the Concept Plan. 3. Screening of the loading area on the east side of the Commercial Building shall be provided. Said screening may consist of a 6-tall wall or fence, and landscaping. D. Common Areas. Common Areas shall be planted at a rate of ten (10) shade trees per acre. 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 7.3 Commercial Signage. All signs in Area D (Neighborhood Commercial) shall comply with Article 5.39 of the UDO. Version 7 07092416 111324 14 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 a ten (10) foot withwide 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 JG 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 as shown on the DevelopmentConnectivity Plan. Exhibit. 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 as shown on the Connectivity Plan Exhibit. Version 7 07092416 111324 15 F. A three (3) foot side sidewalk shall be required between the front door of the dwelling and the sidewalks in the street right of way as shown on the Connectivity Plan Exhibit. 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 8.6 Additional Commercial Standards: A. The maximum building area shall be 15,000 square feet. B. No single tenant shall occupy more than 7,000 square feet. C. A six (6) foot screen wall shall be constructed along the east perimeter of Area D to screen delivery areas from Area C. The screen wall shall incorporate but shall not be limited to exterior building materials used in the commercial building. D. A multi-use outdoor plaza/parking/drive area shall be required in the area as generally depicted on the Concept Plan. Section 9. Procedural Provisions. Section 9.1 Development PlansPrimary Plat and ADLS. 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. Version 7 07092416 111324 16 C. ADLS Approval by the Plan Commission shall be required for Attached Single-Family (Townhome) Dwellings and the Building in Area D.. Single-Family Detached Dwellings shall comply with applicable architectural standards and be reviewed by staff at the time of building permit approval. D. If there is a Substantial Alteration in any approved 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. Section 9.5Section 9.4 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; Version 7 07092416 111324 17 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-JG) 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” (Concept Plan) See following page. Exhibit “B” Exhibit “B” (Connectivity Plan Exhibit) Exhibit “B” Exhibit “B” (Open Space Plan Exhibit) Exhibit “C” (Permitted Use Table) P = Permitted Use, A = Accessory Use, SU = Special Use, "Blank" = Prohibited Use  PERMITTED USE Detached  Residential Attached Residential Neighborhood  Commercial  Residential Uses  Single‐Family Dwelling  P P    Two‐Family Dwelling         Multiple‐Family Dwelling         Apartments        Townhomes    P    Accessory Dwelling A      Mobile Home Court        Home Occupation A A     Bed & Breakfast        Model Home P P    Guest Home        Boarding or Lodging House        Nursing/Retirement/  Convalescent Facility        Private Swimming Pool P      Office Uses  Place of Worship        Hospital        Clinic or Medical Health Center     Library         Post Office / Mail Center     P  Public Service Facility         Educational Uses  School, Trade or Business       College or University         Day Nursery or Daycare A A     Preschool     P  Retail & Service Uses  General Retail     P  Package Liquor Store     Lumber/Building Materials         General Personal Services  including spa, hair salon and nail  salon      P  Automobile Service Station        Automobile /Boat Sales        Car Wash        Commercial Kennel        Exhibit “C” Page 2 of 2 Dry Cleaning (no on‐site plant)     P  Equipment Sales/Repairs (Indoor)        Financial Institution         Automated Teller Machine  (ATM), Walk‐Up Only     P  Food Stand     P  Self‐Service Laundry         Sexually Oriented Business        Tattoo Studio        Vape or Tobacco Store     Veterinary Hospital         Wholesale Sales        Cultural and Entertainment Uses  Art Gallery      P  Art & Music Center     P  Carnivals, Faris, Circuses, etc.         Hotel        Health and Fitness Center      P  Indoor Theater     Outdoor Theater        Catering Establishment         Restaurant (w/out drive thru)     P  Restaurant (w/drive thru)     P  Meeting or Party Hall        Museum        Stadium         Tavern/Night Club        Industrial Uses  Light Industrial        Heavy Industrial         Junk/Salvage Yard        Storage and/or Warehouse        Storage and/or Sale of Petroleum  Products        Coke Oven, Brick Yards, Kilns,  Open Hearth, or Blast Furnaces         Light Manufacturing        Exhibit “C” Page 3 of 2 Exhibit “D” (Architectural Character Imagery – Area A Lots) See following four (4) pages. Exhibit “C” Page 4 of 2 Exhibit “D” (Architectural Character Imagery – Area B Lots) See following three (3) pages. Exhibit “C” Page 5 of 2 Exhibit “E” (Architectural Character Imagery – Area B Lots) See following two (2) pages. Exhibit “C” Page 6 of 2 Exhibit “F” (Architectural Character Imagery – Area C Lots - Townhomes) See following pagethree (3) pages. Exhibit “C” Page 7 of 2 Exhibit “G” (Architectural Character Imagery – Area D - Commercial) See following six (6) pages. Exhibit “HF” (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 wainscot wrap on all sides of the building up to the lowest windowsill of the lowest window on the first floor, at a minimum. The same masonry used on the front elevationswainscot shall be used on the side and rear elevationswainscots. 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) square 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 (3.5six (6) feet in depth. Depth shall be measured from the inside framing of the wall to the outside edge of the porch. Additionally, columns shall be permitted within the minimum six (6) foot porch 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 H. There shall be a minimum of two (2) masonry colors.E. D. There shall be two (2) color schemes so that adjacent buildings shall have alternating colors. E. 6-unit Townhome buildings shall additional masonry on the front building elevation as depicted in Exhibit E. 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 “I” (Architectural Standards – Neighborhood Commercial) Section 1. Introduction & Procedure A. Character Imagery: Applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Dwellings is included within Exhibit G (Architectural Character Imagery – Area D – Commercial).” Section 2. Site Design A. Site access and internal circulation shall promote safety, efficiency, and convenience. B. The building shall have a finished façade facing Towne Road and 146th Street. C. Pedestrian Connectivity to the surrounding residential area shall be required. D. Public open space will be integrated into the site design. Section 3. Building Design and Mass: A. The commercial building shall be compatible with the surroundings with regards to height, mass, roof pitch, and scale. The commercial building shall be a minimum of 18 feet tall to the top of parapet with the overall height not to exceed 35 feet and (2-stories). B. Entryways shall be visually distinct. Individual entries and/ or outdoor spaces are encouraged on the front and/or rear of the Buildings to add visual interest and provide a transition between the public, private and common areas of the Building. C. Walls shall not have unbroken planes greater than one hundred (100) feet in length. Units within Buildings may be differentiated by plane, material changes, and separate entrances. D. Mechanical equipment shall be screened from public view while still allowing for the equipment to properly ventilate and function. If mechanical equipment is installed on the roof, then it shall be screened by a parapet or other screening system(s). Section 3. Exterior Building Materials: Principal buildings shall be faced on the front, side and rear with masonry, pre-cast concrete, concrete block, face brick, poured concrete, split face, scored split, scored smooth, or fluted masonry units, Quick Brick (brick look type Concrete Masonry Units), architectural metals (e.g., copper or Cor- Ten), high-quality fiber cement siding, or EIFS. The use of EIFS and fiber cement shall be limited to upper floor trim or upper floor accent areas only. Aluminum, stucco, and vinyl siding shall be prohibited. Section 4. Rooflines: A. Roof forms shall harmonize with the architectural style of the Building. B. Permissible materials for pitched roofs shall include architectural grade, dimensional shingles, clay, slate, wood shingles, and metal. Rubber and other commonly acceptable materials are allowed on flat roofs. Green roofs are encouraged, as are recycled materials. Three-tab shingles shall not be permitted. C. Rooflines shall not have unbroken lines greater than one hundred (100) feet in length. Exhibit “J” (Common Area Concept Imagery) 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 7 07092416 111324 TAB 10 Sponsors:________________ CARMEL, INDIANA Towne 146 PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-___-24 November 13, 2024 Version 16 111324 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 ..........................................................................................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, Connectivity Plan Exhibit and Open Space 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 16 111324 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 16 111324 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. Version 16 111324 5 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. Version 16 111324 6 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 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 Version 16 111324 7 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). Version 16 111324 8 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. Version 16 111324 9 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: Version 16 111324 10 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. Version 16 111324 11 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. c. Two (2) shade trees shall be required in the rear yard of all Lots in Area A within one-hundred (100) feet of the south perimeter of the Real Estate. 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 Version 16 111324 12 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. D. Common Areas. Common Areas shall be planted at a rate of ten (10) shade trees per acre. 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. Version 16 111324 13 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 a ten (10) foot wide 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 as shown on the Connectivity Plan Exhibit. 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 as shown on the Connectivity Plan Exhibit. F. A three (3) foot side sidewalk shall be required between the front door of the dwelling and the sidewalks in the street right of way as shown on the Connectivity Plan Exhibit. 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, Version 16 111324 14 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. 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 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; Version 16 111324 15 B. Sign permits for any signs within the Real Estate; C. Improvement Location Permits for any Dwellings within the Real Estate; 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” Exhibit “B” (Concept Plan) Exhibit “B” Exhibit “B” (Connectivity Plan Exhibit) Exhibit “B” Exhibit “B” (Open Space Plan Exhibit) 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 three (3) 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 wainscot on all sides of the building up to the lowest windowsill on the first floor, at a minimum. The same masonry used on the front wainscot shall be used on the side and rear wainscots. 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) square 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 six (6) feet in depth. Depth shall be measured from the inside framing of the wall to the outside edge of the porch. Additionally, columns shall be permitted within the minimum six (6) foot porch 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 shall have alternating colors. E. 6-unit Townhome buildings shall additional masonry on the front building elevation as depicted in Exhibit E. 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 16 111324