Loading...
HomeMy WebLinkAboutZ-694-24 Towne 146 PUD (As Amended) - Executed Sponsor: Councilor Minnaar CARMEL, INDIANA Towne 146 PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-694-24 (as amended) January 24, 2025 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 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 .................................................................................................. 6 Section 5. Common Area Requirements ......................................................................................8 Section 6. Landscaping Requirements ..........................................................................................9 Section 7. Signage Requirements ...............................................................................................12 Section 8. Additional Requirements and Standards ...................................................................... 12 Section 9. Procedural Provisions ...............................................................................................13 Section 10. Controlling Developer’s Consent .............................................................................14 Section 11. Violations and Enforcement .....................................................................................14 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 Standards Exhibit F Common Area Concept Imagery Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 3 Sponsor: Councilor Minnaar ORDINANCE Z-694-24 (as amended) 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 single-family residential neighborhood laid out in the style and character as depicted on the Concept Plan (attached as Exhibit B) which includes single-family homes. WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the “PUD Statute”); and WHEREAS, 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 November 19, 2024, has given a Favorable 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 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 4 made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Towne 146 Ordinance; and, (iv) this Towne 146 Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Towne 146 District. Section 1.2 Development in the Towne 146 District shall be governed entirely by (i) the provisions of this Towne 146 Ordinance and its exhibits, and (ii) those provisions of the UDO specifically referenced in this Towne 146 Ordinance. Where this Towne 146 Ordinance is silent, the applicable standards of the UDO shall apply. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the Towne 146 Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word “shall” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Towne 146 Ordinance, shall have the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms included in this Towne 146 Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the UDO. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Dwelling as the main use, and incidental to the main use. 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. 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 are intended to Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 5 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 E (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. 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 6 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 two (2) Areas: Area A (Front Load Detached Residential), Area B (Rear Load Detached Residential, Alley). The Permitted Uses within each Area shall be as set forth below: A. Area A and Area B: Single-Family Dwellings. B. Temporary Model Homes shall be permitted in both 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 3.6 Non-Conforming Uses: Non-Conforming Uses and exemptions shall be subject to the terms and restrictions of the UDO. Section 3.7 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 7 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’ 20’ 1,800 2,000 75% Section 4.2 Maximum Residential Densities: The maximum number of Residential Dwellings shall be fifty (50). 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: Thirty-five (35) 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. Driveways on Lots in Area B 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. D. Dwellings shall not be required to front on a public street (setbacks shall be measured form the subject property lines). Section 4.5 Architectural Standards: A. Character Imagery: The applicable Architectural Character Imagery, indicating conceptually the intended architecture and appearance of Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 8 Dwellings are contained within Exhibit C (Architectural Character Imagery – Area A Lots) and Exhibit D (Architectural Character Imagery – Area B Lots). B. Dwelling Architecture: Applicable architectural requirements and standards for dwellings are contained in Exhibit E (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. 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 9 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 F (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, 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 F (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 internal trails 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 The area(s) identified on the Concept Plan as “Park” shall be provided as generally depicted on Exhibit F (Common Area Concept Imagery). Collectively, the areas shall include (i) a boardwalk structure and (ii) landscaping. Section 5.6 The Common Area along the southern perimeter of the Real Easte shall be in substantial compliance with the Concept Plan as required under Section 9.1.B of this Towne 146 Ordinance. Section 6. Landscaping Requirements. Landscaping shall comply with the following standards: Section 6.1 General Landscaping Standards. Landscaping shall be integrated with, and complement other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, and fencing. A. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1) and following the standards and best management practices (BMPs) published by the City’s Urban Forestry Program. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features shall be addressed. The City’s planting details shall be required on the Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 10 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. 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 11 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: 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. 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). Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 12 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. 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 the 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 13 C. Internal paths shall be installed within the common area as generally shown on the Connectivity Plan Exhibit of Exhibit B subject to approval by the Surveyors Office regarding the legal drain crossing. D. A connection shall be provided between internal paths/sidewalks and the path along the south side of 146th Street. In this regard either a five (5) foot sidewalk and crosswalk or a ten (10) foot path and crosswalk shall be installed across the frontage road and connect to the 146th Street path. The location of this connection 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 for all homes in Area B. Section 8.4 Road Improvement Requirements. Development of the Real Estate shall meet all applicable Thoroughfare Plan related improvement requirements as identified in and required under the UDO unless otherwise provided for in this Towne 146 Ordinance for only the street connections to the 146th Street Frontage Road as shown on the Concept Plan. Section 8.5 Southern Pond. The pond illustrated on the Concept Plan along the east perimeter of the Real Estate shall include a fountain or aerator system. The final design shall be as directed and approved by DOCS, Carmel Engineering, and the Hamilton County Surveyor. Section 9. Procedural Provisions. Section 9.1 Primary Plat and ADLS. A. Primary Plat (“PP”) and/or architectural design, exterior lighting, landscaping and signage (“ADLS”) approval by the Plan Commission, as prescribed in UDO, shall be required prior to the issuance of an Improvement Location Permit to determine if the PP and ADLS satisfy the Development Requirements specified within this Towne 146 Ordinance. B. The Real Estate shall be developed in substantial compliance with the Concept Plan hereby incorporated and attached as Exhibit B subject to Primary Plat Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “substantially or materially altered” provisions of the UDO. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 14 C. Single-Family Detached Dwellings shall comply with all applicable Exhibit E 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; 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Version 20 012425 15 Section 12. Exhibits. All of the Exhibits (A-F) 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “A” Page 2 of 2 Exhibit “A” (Legal Description – Location Map) Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “B” Exhibit “B” (Concept Plan) See following page. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 R E T E N T I O N Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “B” Exhibit “B” (Connectivity Plan Exhibit) See following page. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 OLD 146TH STREET 146TH STREET TO W N E R O A D OL D 1 4 6 T H S T R E E T ST R E E T N A M E ( P R I V A T E ) ST R E E T N A M E ( P R I V A T E ) STREET NAME (PUBLIC) STREET NAME (PRIVATE)STREET NAME (PRIVATE) ST R E E T N A M E ( P U B L I C ) 146TH & TOWNE ROAD CARMEL, INDIANA 0' SCALE: 1" = GRAPHIC SCALE 50'100'150' 100'(11x17) CONNECTIVITY EXHIBIT NOVEMBER 12, 2024 LEGEND U Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “B” Exhibit “B” (Open Space Plan Exhibit) See following page. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 OLD 146TH STREET 146TH STREET TO W N E R O A D OL D 1 4 6 T H S T R E E T ST R E E T N A M E ( P R I V A T E ) ST R E E T N A M E ( P R I V A T E ) STREET NAME (PUBLIC) STREET NAME (PRIVATE)STREET NAME (PRIVATE) ST R E E T N A M E ( P U B L I C ) TOWNE & 146TH OPEN SPACE PLAN CARMEL, INDIANIAJANUARY 24, 2025 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 0.4 AC. 2.4 AC. 0.6 AC. 0.7 AC. TOTAL OPEN SPACE = 3.4 AC. SITE ACREAGE = 15.76 AC. CURRENT OPEN SPACE = 21.6% PARK EXHIBIT " " Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “C” (Architectural Character Imagery – Area A Lots) See following four (4) pages. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “D” (Architectural Character Imagery – Area B Lots) See following five (5) pages. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “E” (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) and Exhibit D (Architectural Character Imagery – Area B Lots). 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 of the front facade, at a minimum and continue at that height around the sides and rear of the dwelling. 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, one (1) window, per level (floor), on the side façades, and two (2) 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 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. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 G. AC Units: Air Conditioning units shall be located on the rear or side of the dwelling. 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 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. Section 7. Bedrooms: A. 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. B. All homes in Area B shall include (i) a primary bedroom or (ii) a bedroom and full bath, on the 1st floor. Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 Exhibit “F” (Common Area Concept Imagery) Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 PASSED by the Common Council of the City of Carmel, Indiana, this _________ day of _________________, 2025, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL _____________________________ Matthew Snyder, Vice-President ______________________________ Teresa Ayers ______________________________ Ryan Locke ______________________________ Rich Taylor _____________________________ Adam Aasen, President ______________________________ Jeff Worrell ______________________________ Shannon Minnaar ______________________________ Anthony Green ______________________________ Anita Joshi ATTEST: ______________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of _____________________, 2025, at ______ __.M. _________________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana this __________ day of ______________________, 2025, 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 19 011825 Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 February A February February 9 11:15 A 11:30 3rd 0 4th 4th