HomeMy WebLinkAboutZ-553-11 Adopted VersionSponsors: Councilor Rider
Councilor Griffiths
Councilor Seidensticker
A PLANNED UNIT DEVELOPMENT DISTRICT
CARMEL, INDIANA
ORDINANCE Z-553-11
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SILVARA
A PLANNED UNIT DEVELOPMENT DISTRICT
table of contents
Section 1.Applicability of Ordinance.
______________________________________________ 3
Section 2.Definitions.
____________________________________________________________ 4
Section 3.Planning Areas
. ________________________________________________________ 7
Section 4.Conceptual Plan
. _______________________________________________________ 8
Section 5.Permitted Uses
. ________________________________________________________ 8
Section 6.Bulk and Density Standards
. _____________________________________________ 9
Section 7.Architectural and Design Standards.
_____________________________________ 10
Section 8.Signage.
_____________________________________________________________ 10
Section 9.Lighting.
_____________________________________________________________ 10
Section 10.Parking and Loading.
__________________________________________________ 11
Section 11.Landscaping.
_________________________________________________________ 12
Section 12.Open Space.
__________________________________________________________ 18
Section 13.Pedestrian and Bicycle Connectivity.
_____________________________________ 20
Section 14.Infrastructure and Environmental Standards.
_____________________________ 21
Section 15.Owners' Association and Declaration(s) of Covenants.
_______________________ 26
Section 16.Development Plan Approval
. ____________________________________________ 26
Section 17.Violations and Enforcement.
____________________________________________ 28
Section 18.Adoption.
____________________________________________________________ 29
Section 19.Schedule of Exhibits.
___________________________________________________ 31
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Sponsors: Councilor Rider
Councilor Griffiths
Councilor Seidensticker
ORDINANCE Z-553-11
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Establishing the
Silvara Planned Unit Development District
WHEREAS
, Section 31.06.04 of the Carmel Zoning Ordinance Z-289 (the "Zoning Ordinance")
provides for the establishment of a Planned Unit Development District in accordance with Indiana Code
§36-7-4-1500et seq.; and
WHEREAS
, the Plan Commission of the City of Carmel (the "Plan Commission") conducted a
public hearing on docket number 11050013 Z at its July 19, 2011, meeting as required by law; and
WHEREAS
, the Plan Commission sent a favorable recommendation relating to docket number
11050013 Z to the Common Council of the City of Carmel, Indiana;
NOW, THEREFORE BE IT ORDAINED
by the Common Council of the City of Carmel,
Indiana, that, pursuant to Indiana Code §36-7-4-1500 et seq., it hereby adopts this ordinance (the
"Ordinance") as an amendment to the Official Zoning Map (the "Zoning Map") and Zoning Ordinance
to establish this Planned Unit Development District to read as follows:
Section 1.Applicability of Ordinance.
Exhibit A
1.1The Zoning Map is hereby changed to designate the land described in ,
attached hereto (the “Real Estate”), as a Planned Unit Development District to be known
as the Silvara PUD District (the "District").
1.2Development in this District shall be governed entirely by (i) the provisions of this
Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance and
Subdivision Control Ordinance specifically referenced in this Ordinance.
1.3All provisions and representations of the Zoning Ordinance or Subdivision Control
Ordinance that conflict with the provisions of this Ordinance are hereby rescinded as
applied to the Real Estate and shall be superseded by the terms of this Ordinance.
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Section 2.Definitions.
2.1The general rules of construction set forth in Chapter 3 of the Zoning Ordinance and the
definitions set forth in this Ordinance shall apply to the regulations of this Ordinance.
Words not defined herein but defined in the Zoning Ordinance shall be interpreted in
accordance with the Zoning Ordinance definition.
2.2ADLS: See DP/ADLS Approval definition.
2.3Apartment: A Multiple Family Dwelling owned by a single person or entity in which the
Dwelling Units are rented or leased.
2.4Building, Attached Residential: A Building including any one or combination of the
following: Attached Dwellings, Multiple-Family Dwellings, Two-Family Dwellings, and
Townhouses; and its ancillary uses.
2.5Building, Village Neighborhood: A Building that contains any use permitted by this
Ordinance within the Village Neighborhood Planning Area.
2.6Character Exhibits: The illustrative exhibits attached hereto and incorporated herein by
Exhibit K.
reference as The Character Exhibits are a compilation of conceptual plans,
images and sketches designed to capture the intended character of the District. Although
the Character Exhibits do not necessarily represent the final design of the District's built
environment, it does establish a benchmark for the quality and character of the overall
District as well as the District's various design elements that contribute to this vision.
2.7Community Amenities: Recreational facilities and spaces, including, without limitation,
any one or a combination of the following: (i) Open Space; (ii) trails; (iii) a swimming
pool; (iv) a bath house with changing rooms and storage; (v) recreational equipment; (vi)
tennis courts; (vii) basketball courts; (viii) bocce ball courts; (iv) indoor and/or outdoor
workout areas; and (x) facilities such as clubhouse, meeting rooms and community
centers.
2.8Conceptual Plan: The plan attached hereto and incorporated herein by reference as
Exhibit C.
2.9Connectivity Plan: The plan attached hereto and incorporated herein by reference as
Exhibit E
.
2.10Declaration(s) of Covenants: A declaration of covenants, conditions, and restrictions
applicable to the Real Estate or any portion thereof which shall be prepared by the Master
Developer and recorded in the office of the Recorder of Hamilton County, Indiana, and
which may be amended from time to time.
2.11Design Review Committee: A board appointed by the Master Developer and established
by the Declaration(s) of Covenants responsible for the review of improvements in
accordance with this Ordinance and the Declaration(s) of Covenants.
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2.12Developer: Any individual, corporation, partnership or entity engaged in the
improvement of a parcel of land or construction of a Dwelling within the District.
2.13Developer, Master: Silvara Real Estate Company, LLC, until such time as it transfers, or
assigns, in writing its rights as Master Developer. Such rights may be transferred by the
Master Developer, in its sole discretion, in whole or in part, but only by written
instrument signed by the Master Developer.
2.14Development Requirements: Written development standards and any written
requirements specified in this Ordinance which must be satisfied in connection with the
approval of a Development Plan or building permit.
2.15DP/ADLS Approval: Development Plan and/or Architectural Design, Exterior Lighting,
Landscaping & Signage approval by the Plan Commission, in accordance with Chapter
24 of the Zoning Ordinance.
2.16Dwelling Unit Size: The living space of a Dwelling Unit measured by floor area and that
is enclosed by walls and covered by a roof. Terraces, garages, and open unheated
porches shall be excluded when calculating a Minimum Dwelling Unit Size.
2.17Lane, Rear: A permanent service way providing a secondary means of access to abutting
lands. A Rear Lane is an Alley as regulated by the Zoning and Subdivision Control
Ordinances and as such, shall be built in accordance with the design requirements in
Chapter 6 of the Subdivision Control Ordinance. Rear Lanes shall be permitted within
the District and shall be subject to the following standards: (i) A Rear Lane shall be a
perpetual easement or private way and shall not be dedicated to the public unless
constructed to the City's standards prior to acceptance of dedication by the City; and (ii)
Curbing is not required except at corners of intersections with other street types. At such
corner locations, curbing shall be required for the corner radius ending at the intersection
point of the radius and the path or sidewalk paralleling the intersecting street. A concrete
apron may serve as point of termination for the curb.
2.18Open Space: A parcel or parcels of land, an area of water, or a combination of land and
water, including flood plain areas and wetlands located within the District designated for
the use and enjoyment of some or all of the residents of the District and, where
designated, for the use and enjoyment of the community at large. Open Space may
consist of manicured or natural spaces, storm water detention areas, ponds, creeks,
recreational sports fields, golf courses, trails, Off-Street Trails and Community
Amenities. Bioswales (or segments of bioswales) which are at least twenty (20) feet in
width shall qualify as Open Space. Water features and structures (e.g., gazebos, arbors,
pergolas, benches, ash receptacles, trash receptacles, recycling receptacles, bicycle racks)
associated with outdoor pedestrian areas may be used to enhance the space. Except as
otherwise provided herein, Open Space does not include areas divided into building lots,
streets (except the landscaped medians of boulevards) or rights-of-way (except Off-Street
Trails). The area of parking facilities serving Open Space activities and pedestrian paths
or sidewalks located therein may be included in the required Open Space area
computations.
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2.19Open Space, Agricultural: Land areas set aside as Open Space for agricultural uses,
including pastureland.
2.20Open Space, Designed: Land areas set aside as Open Space, other than Agricultural and
Natural Open Space.
2.21Open Space, Natural: Land areas set aside as Open Space in a naturally occurring state.
The majority of the District's Natural Open Space is located within the Williams Creek
Corridor and Woodlands (collectively, the "Natural Areas"), as depicted on the Open
Space Plan. Natural Open Space also includes Open Spaces designated as Tree
Preservation Areas.
2.22Open Space Plan: The plan attached hereto and incorporated herein by reference as
Exhibit D
.
2.23Owners Association(s): An association of owners as established by the Declaration(s) of
Covenants.
2.24Planning Area: A discrete geographic area within the District, as identified on the
Planning Area Map. The District contains four (4) Planning Areas: The Estates (PA-1
West and PA-1 East), Creekside (PA-2), Bridgecreek (PA-3), and the Village
Neighborhood (PA-4). The size of each Planning Area may be enlarged or reduced by up
to ten percent (10%).
2.25Planning Area Map: The map attached hereto and incorporated herein by reference as
Exhibit B
.
2.26Subdivision Control Ordinance: The Carmel/Clay Subdivision Control Ordinance Z-160,
in effect on the date of the enactment of this Ordinance. Amendments to the Subdivision
Control Ordinance after the enactment of this Ordinance shall not apply to the District
unless the Director determines that the amendment does not materially or negatively
impact the ability to develop the Real Estate pursuant to this Ordinance and that the
amendment is consistent with the District's intent.
2.27Transportation Plan: A part of the Carmel Clay Comprehensive Plan that sets forth the
location, alignment, dimensions, identification and classification of existing and proposed
vehicular, bicycle, pedestrian and mass transit thoroughfares and includes the
Thoroughfare Plan, Bicycle and Pedestrian Facility Plan and Transit Plan.
2.28Tree Preservation Area: Natural Open Spaces within the District to be preserved and
maintained in accordance with Section 12.5 of this Ordinance. Such areas shall be
delineated as part of a Preliminary Plat or Development Plan approval.
2.29Use, Non-Residential: A Use identified in the Use Table under the following headings:
Office Uses, Institutional Uses, Educational Uses, Retail and Service Uses, Cultural and
Entertainment Uses, Industrial Uses, Agricultural Uses, Recreational Uses and
Transportation and Communication Uses.
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2.30Use, Residential: A Use identified in the Use Table under the heading of Residential
Uses.
Exhibit F
2.31Use Table: The table attached hereto and incorporated herein by reference as
identifying the Uses permitted within each Planning Area.
2.32Williams Creek Corridor: Land within the District that is adjacent to Williams Creek, as
generally illustrated on the Planning Area Map and Open Space Plan, to be set aside as
Open Space.
2.33Woodlands: Land within the District located within the Estates Planning Area (PA-1
West), as generally shown on the Planning Area Map and Open Space Exhibit, to be
aside as Open Space.
2.34Zoning Map: The City's official zoning map adopted by reference in the Zoning
Ordinance.
2.35Zoning Ordinance: The Carmel/Clay Zoning Ordinance Z-289, in effect on the date of
the enactment of this Ordinance (Summer 2011 version). Amendments to the Zoning
Ordinance after the enactment of this Ordinance shall not apply to the District unless the
Director determines that the amendment does not materially or negatively impact the
ability to develop the Real Estate pursuant to this Ordinance and that the amendment is
consistent with the District's intent.
Section 3.Planning Areas
.
3.1The District contains four (4) Planning Areas as shown on the Planning Map. The
Planning Areas are as described below.
3.2Planning Area 1 (PA-1 West and PA-1 East): The Estates ("Estates"). This Planning
Area includes land within the District that is both west and east of the Williams Creek
corridor and primarily abuts existing subdivisions on the perimeter of the Real Estate.
The Estates will include large lot detached single-family dwellings, designed for the
traditional single family market.
3.3Planning Area 2 (PA-2): Creekside ("Creekside"). Creekside includes land within the
District that is west of the Williams Creek Corridor and east of the Woodlands. It is
bounded by the Estates to the north. Creekside will include medium and large lot
detached single-family dwellings and/or small and medium lot detached single-family
dwellings designed for the active-adult/empty-nester market.
3.4Planning Area 3 (PA-3): Bridgecreek ("Bridgecreek"). This Planning Area is
immediately north of the Village Neighborhood and is bounded by the Williams Creek
Corridor to the west and north, the Village Neighborhood along the south border,
Springmill Road to the east, and the Estates to the north. The proposed trail network will
allow pedestrian connectivity to other areas within the District. This Planning Area will
include small and medium lot detached single-family dwellings, designed for the active-
adult/empty-nester market.
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3.5Planning Area 4 (PA-4): Village Neighborhood ("Village Neighborhood"). The Village
Neighborhood is bounded by Springmill Road to the east, the Williams Creek Corridor to
the west and Bridgecreek along the north border. The Village Neighborhood will include
a mix of residential uses that will offer a variety of housing choices targeted towards the
active-adult/empty-nester and young professional. Trail connections to the trail corridor
along Williams Creek will be featured in this area and pedestrian connectivity will be
emphasized.
Section 4.Conceptual Plan
.
4.1The Conceptual Plan provides a general vision for the development of the District which
illustrates one possible layout of lots, internal drives, uses, green space, thoroughfares,
and buildings that are permitted by this Ordinance. The Conceptual Plan is only
conceptual. The final layout and site plans shall be subject to the terms and conditions of
this Ordinance and may vary from the Conceptual Plan.
Section 5.Permitted Uses
.
5.1The uses permitted within each Planning Area shall be as set forth in this section and in
the Use Table.
5.2Accessory Buildings and Uses. Accessory Buildings and Uses shall be permitted and
shall be subject to the terms and restrictions of Chapter 25 of the Zoning Ordinance.
Chapter 25.02 of the Zoning Ordinance shall apply to fences. Fences within bufferyards
that are adjacent to Spring Mill Road or Clay Center Road ("Perimeter Bufferyards")
shall be of a uniform material, style and height within a Planning Area. Fences within
lots that are adjacent to Perimeter Bufferyards shall be of a uniform material, style and
height within a Planning Area.
5.3Special Uses. Special Uses shall be permitted as set forth in the Use Table and shall be
subject to review and subsequent approval pursuant to Chapter 21 of the Zoning
Ordinance.
5.4Temporary Uses. Temporary uses shall be permitted as set forth in the Use Table and
shall be subject to the terms and restrictions of Chapter 25 of the Zoning Ordinance.
5.5Home Occupations. Home Occupations shall be permitted as set forth in the Use Table
and shall be subject to the terms and restrictions of Chapter 25 of the Zoning Ordinance.
5.6Non-Conforming Uses & Exemptions. Non-conforming uses and exemptions shall be
subject to the terms and restrictions of Chapter 28 of the Zoning Ordinance.
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Section 7.Architectural and Design Standards.
7.1The Estates and Creekside. The architectural and design standards applicable to
Exhibit G
Dwellings in The Estates and Creekside are specified in . Character
illustrations indicating conceptually the intended architecture and appearance of
Dwellings are provided in the Character Exhibits. The architectural and design standards
set forth in Section 7.2 of this Ordinance shall apply to Dwellings on lots smaller than
ninety (90) feet wide in Creekside.
7.2Bridgecreek. The architectural and design standards applicable to Dwellings in
Exhibit H
Bridgecreek are specified in . Character illustrations indicating conceptually
the intended architecture and appearance of Dwellings are provided in the Character
Exhibits.
7.3Village Neighborhood. The architectural and design standards applicable to Buildings in
Exhibit I
the Village Neighborhood are specified in . Character illustrations indicating
conceptually the intended architecture and appearance of Buildings are provided in the
Character Exhibits.
7.4Empty-Nester / Active Adult Standards. The empty-nester / active adult standards set
Exhibit J
forth in shall apply to any single-family lot within the District that has a Lot
Width of less than seventy (70) feet.
Section 8.Signage.
8.1The District's signs shall comply with Chapter 25.07 of the Zoning Ordinance and as set
forth in this section. Decorative street signage may differ from the City's standards if
approved by the City's Engineering Department and if it conforms to the Indiana Manual
on Uniform Traffic Control Devices.
8.2Character Exhibits. Character illustrations indicating conceptually the intended design
and appearance of signage and monumentation is provided in the Character Exhibits.
Section 9.Lighting.
9.1Street lighting shall be decorative, as illustrated in the Character Exhibits, and shall be
consistent throughout the District. Decorative street lighting may differ from the City's
standard fixtures if approved by the City's Engineering Department. Parking area
lighting and street lighting shall be of a uniform design and materials.
9.2Street lighting on public residential streets shall be limited to one (1) light at each street
intersection. The maximum height of street light fixtures within the District shall be
fifteen (15) feet.
9.3All exterior accent lighting (e.g., architectural, display, landscaping, decorative lighting,
pedestrian walkway bollards) shall be generated from concealed, low level fixtures. The
light bulb shall be shielded from view of any street, sidewalk, or adjacent lot.
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9.4The maximum height of light fixtures in parking areas shall not exceed the Building
Height, or eighteen (18) feet, whichever is less. The height of parking area light fixtures
within ninety (90) feet of a Single-Family Dwelling shall not exceed fifteen (15) feet.
9.5Exterior lighting of a Building or site shall be designed so light is not directed off the site
and the light source is shielded from direct offsite viewing.
9.6Open space/public space lighting shall be decorative and pedestrian scale.
Section 10.Parking and Loading.
10.1General Standards. Parking shall comply with Chapter 27 of the Zoning Ordinance,
except as provided below.
10.2Residential Use Parking. A minimum of two (2) parking spaces shall be required per
Dwelling. In the Village Neighborhood, a minimum of one and one-half (1.5) parking
spaces shall be required per Dwelling. The areas within driveways and garages shall
count toward this requirement. Driveways shall be a minimum of twenty (20) feet long,
as measured from the right-of-way line.
10.3On-street Parking. On-street parking shall be permitted on the Real Estate's internal
streets and drives. On-street parking spaces may not be counted as part of the total
parking spaces required. Each parallel on-street parking space shall be a minimum of
twenty-two (22) feet in length.
10.4Loading and Service Areas.
A.Loading docks, solid waste facilities, recycling facilities, and other service areas
shall be placed to the rear or side of Buildings.
B.Screening and landscaping shall prevent direct views of the loading and service
areas from adjacent residential properties or from the public right-of-way.
Screening and buffering shall be achieved through the use of walls, fences, and
landscaping. Screening shall be a minimum of five (5) feet tall and visually
impervious. Recesses in the Building or depressed access ramps may be used.
10.5Bicycle Parking. Bicycle parking shall comply with Chapter 27.06 of the Zoning
Ordinance. In the Village Neighborhood, covered parking areas (e.g., garages, bicycle
lockers) shall count towards the required number of bicycle parking spaces. A minimum
of twenty-five percent (25%) of the required number of bicycle parking spaces within the
Village Neighborhood shall be covered.
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Section 11.Landscaping.
11.1Landscaping shall be provided in accordance with the following:
A.General Landscaping (Section 11.2)
B.Street Trees (Section 11.3)
C.District's Perimeter Landscaping:
(i)Adjacent to Right-of-Way (Section 11.4)
(ii)Not Adjacent to Right-of-Way (Section 11.5)
D.Foundation and Lot Plantings (Section 11.6)
11.2General Landscaping Standards. Landscaping shall be integrated, where appropriate,
with other functional and ornamental site design elements (e.g., hardscape materials,
entryway monumentation, paths, sidewalks, fencing, or water features).
A.Landscaping should be designed with repetition, structured patterns, and
complementary textures and colors. Alternate or pervious paving materials or
alternative planting media is permitted where planting space is limited or where
otherwise warranted by the site design.
B.All plantings to be used in accordance with any landscaping requirement of this
Ordinance shall meet the following specifications:
(i)All trees, shrubs and ground covers shall be planted according to the
American Standard for Nursery Stock (ANSI Z60.1) and following the
standards, including planting details, provided by the City’s Urban
Forester. Landscaping materials shall be appropriate to local growing and
climatic conditions.
(ii)Shade trees shall be a minimum of two and one half (2.5) inches caliper at
planting.
(iii)Ornamental trees shall be a minimum of one and one half (1.5) inches
caliper at planting.
(iv)Evergreen trees shall be a minimum height of six (6) feet at planting.
(v)Shrubs shall be a minimum height of eighteen (18) inches at planting.
(vi)Evergreen trees may be substituted in lieu of shrubs required by this
Ordinance on a 1:3 basis (one tree equals three shrubs).
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C.Existing vegetation may be used to achieve required landscaping if: (i) the
vegetation located on the subject parcel is of suitable quality, size, and state of
health to achieve required landscaping; and (ii) the vegetation is proposed to be
preserved using accepted best management practices for tree protection during
construction. The preservation of existing vegetation shall constitute an in-kind
credit toward meeting the landscape requirements of this Ordinance. A credit,
which value shall be determined in consultation with the City's Urban Forester,
shall be given per tree that contributes to and satisfies similarly the intent of a
particular section of this Ordinance.
D.All landscaping approved as part of an ADLS plan shall be installed, weather
permitting, prior to issuance of a Certificate of Occupancy by the Department. If
it is not possible to install the approved landscaping because of weather
conditions, the property owner shall request a temporary Certificate of Occupancy
prior to the issuance of the Final Certificate of Occupancy, which shall be
conditioned upon a determined time to complete the installation of the uninstalled
landscape material.
E.All landscaping approved as part of an ADLS plan may not later be substantially
altered, eliminated or sacrificed without first obtaining further Plan Commission
approval. However, minor material alterations in landscaping may be approved by
the Director or his designee in order to conform to specific site conditions.
F.It shall be the responsibility of the property owners and their agents to insure
proper maintenance of all trees, shrubs and other landscaping required by this
Ordinance. This is to include, but is not limited to, replacing dead plantings with
identical varieties or a suitable substitute, mulching of planting areas, and keeping
the area free of refuse, debris, rank vegetation and weeds.
G.Landscaping shall be prohibited within the Vision Clearance on Corner Lots.
11.3Street Trees.
A.Shade trees shall be planted parallel to each public street and within the street
right-of-way pursuant to the City's published street tree planting specifications.
Street trees shall not be required along and adjacent to Rear Lanes.
B.Street tree species shall be selected from the City’s published list of recommended
street trees and shall be planted a minimum of thirty (30) feet and a maximum of
fifty (50) feet on center.
C.In areas of high pedestrian and non-residential activity, tree wells shall be covered
with decorative grates or pavers in order to maximize uninterrupted pedestrian
pathways. Where ample passage area is provided, tree planting areas shall be
treated as planting beds to soften the hardscape.
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D.When an appropriate street tree size has been achieved, as determined by the
City's Urban Forester, street trees shall be pruned to a height of eight (8) feet
minimum over sidewalks and twelve (12) feet minimum over streets, to allow free
passage along the sidewalk.
E.No street tree shall be planted in conflict with drainage or utility easements or
structures, underground detention (unless so designed for that purpose).
However, where the logical location of proposed utilities would compromise the
desired effect, the Developer may solicit the aid of the City's Urban Forester in
mediating an alternative.
11.4Perimeter Landscaping Adjacent to Right-of-Way. Perimeter landscaping along the
District's perimeter abutting rights-of-way shall be provided pursuant to this section.
Perimeter landscaping shall not be planted within the public right-of-way. Additionally,
no perimeter landscape yard shall be required in those areas along the perimeter of the
Real Estate which is occupied by an Open Space common area which is greater than or
equal to fifty (50) feet in width. The referenced bufferyard types shall be pursuant to
Chapter 26.04 of the Zoning Ordinance.
A.Spring Mill Road. Bufferyards shall be required where the Real Estate abuts
Spring Mill Road in accordance with this section.
(i)Village Neighborhood: A minimum twenty (20) foot wide greenbelt shall
be required where the Village Neighborhood abuts Spring Mill Road
which shall include a minimum three (3) foot tall undulating mound with
plantings pursuant to the Type “D” Bufferyard (5 shade trees, 5
ornamental trees, and 27 shrubs per 100 linear feet).
(ii)Estates and Bridgecreek: Where a frontage road is not utilized and where
the rear or side elevations of a Dwelling within the Estates or Bridgecreek
back up to Spring Mill Road, a minimum forty (40) foot wide greenbelt
shall be required which shall include a minimum three (3) foot tall
undulating mound and plantings pursuant to the Type “D” Bufferyard (5
shade trees, 5 ornamental trees, and 27 shrubs per 100 linear feet). A
Type “B” Bufferyard (3 shade trees, 3 ornamental trees, and 15 shrubs per
100 linear feet) without a mound shall be used in those areas where a
frontage road is utilized.
B.Clay Center Road. Where a frontage road is not utilized and where the rear or
side elevations of a Dwelling back up to Clay Center Road, a minimum forty (40)
foot wide greenbelt shall be required where the District abuts Clay Center Road
which shall include a minimum three (3) foot tall undulating mound and plantings
pursuant to the Type “D” Bufferyard (5 shade trees, 5 ornamental trees, and 27
shrubs per 100 linear feet). A Type “B” Bufferyard (3 shade trees, 3 ornamental
trees, and 15 shrubs per 100 linear feet) without a mound shall be used in those
areas where a frontage road is utilized.
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C.The incorporation of pedestrian ways and bikeways into the perimeter right-of-
way landscaping design is encouraged. The incorporation of signage and lighting
into the perimeter right-of-way landscaping design is permitted; however, no
parking areas or Buildings shall be permitted within the perimeter right-of-way
landscaping area.
11.5Perimeter Landscaping Not Adjacent to Public Right-of-Way. The following shall apply
for those portions of the District's perimeter not abutting a public right-of-way. The
referenced bufferyard types shall be pursuant to Chapter 26.04 of the Zoning Ordinance.
A.Claybridge at Springmill, Springmill Streams and Springmill Ridge (District's
North Property Line): A minimum thirty (30) foot wide landscape buffer
easement shall be required along the District's property line abutting the
Claybridge at Springmill, Springmill Streams and Springmill Ridge subdivisions.
Plantings pursuant to the requirements of a Type “B” Bufferyard (3 shade trees, 3
ornamental trees, and 15 shrubs per 100 linear feet) shall be installed within the
landscape buffer easement. Existing trees within the landscape buffer easement
that are greater than two and one half (2.5) inches caliper shall be preserved and
maintained.
B.Springmill Streams Tree Preservation Area(District's North Property Line): A
minimum one hundred (100) foot wide Tree Preservation Area shall be required
for the wooded area along the southern most property line of Spring Mill Streams
abutting Bridgecreek, as generally shown on the Open Space Plan and Conceptual
Plan.
C.Creekside (District's South Property Line): A minimum thirty (30) foot wide
landscape buffer easement shall be required where individual residential lots
within Creekside abut the District's south property line (e.g., abutting Williams
Creek Manor). Plantings pursuant to the requirements of a Type “B” Bufferyard
(3 shade trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) shall be
installed within the landscape buffer easement. Existing trees within the
landscape buffer easement that are greater than two and one half (2.5) inches
caliper shall be preserved and maintained.
D.No bufferyards or plantings shall be required between or within the District's
Planning Areas or various uses or along the Real Estate's southern property line
congruent with the Village Neighborhood.
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11.6Foundation and Lot Plantings.
A.Design Intent. Foundation and lot plantings are used to: (i) soften the
architectural lines of Buildings; (ii) frame the primary views to Buildings and
public spaces; and (iii) blend architectural designs with the landscape design.
Landscaping shall be designed to appropriately complement a Building’s use,
setback, height, and architectural features. Window boxes for flowers and
planters on front stoops and sidewalks are encouraged in areas where landscaping
cannot be installed at the foundation of a Building due to the Building’s proximity
to a sidewalk, path, street, right-of-way or easement.
B.Single-Family Dwellings. The following planting requirements apply to all
Single-Family Dwellings:
(i)Lots with six thousand (6,000) or less square feet shall be required to plant
one (1) shade tree or one (1) evergreen tree in the front yard. If there is
not sufficient area for the tree to be placed in the front yard, then the
required tree may be planted in a side or rear yard.
(ii)Lots between six thousand (6,000) and fifteen thousand (15,000) square
feet shall be required to plant two (2) trees in the front yard. If there is not
sufficient area for the tree to be placed in the front yard, then the required
tree(s) may be planted in a side yard.
(iii)Lots over fifteen thousand (15,000) square feet shall be required to plant
three (3) trees with at least one (1) tree in the front yard.
(iv)All lots shall have a minimum of seven (7) shrubs and/or ornamental
grasses along the foundation facing a street. Corner lots shall install seven
(7) shrubs per side facing a street.
C.Attached Residential and Village Neighborhood Buildings. The following
minimum foundation planting requirements shall apply to any elevation with
frontage on a public right-of-way:
(i)If plantings cannot be planted within twenty (20) feet of the foundation
wall, then an alternative location on the lot may be chosen for planting.
(ii)Townhouses: Five (5) shrubs and/or ornamental grasses, and one (1)
shade tree and one (1) ornamental tree shall be planted for every two (2)
Townhouses.
(iii)Attached Residential Buildings with four (4) or fewer attached Dwellings:
Five (5) shrubs and/or ornamental grasses, one (1) shade tree and one (1)
ornamental tree for every Dwelling.
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(iv)Single Family Dwellings within the Village Neighborhood: Five (5)
shrubs and/or ornamental grasses and one (1) shade or ornamental tree for
every Dwelling.
D.All Other Buildings: Five (5) shade and/or ornamental trees and twenty-five (25)
shrubs per one hundred (100) lineal feet of Building foundation with frontage on a
public right-of-way.
11.7Parking Lot Plantings. Parking areas shall be landscaped, as follows:
A.Perimeter Landscaping: A minimum three (3) foot wide perimeter planting strip
shall be provided around the perimeter of a parking lot (except where parking
spaces abut a curb-to-Building sidewalk). Where shade trees are planted, the
planting strip shall be a minimum of six (6) feet wide. The planting strip shall
include two (2) shade trees and twenty (20) shrubs and/or ornamental grasses per
one hundred (100) lineal feet of the planting strip. A wall may be installed in
combination with or in lieu of (up to fifty percent) the required shrubs. If used,
walls shall be a minimum height of forty-two (42) inches. Perimeter parking lot
landscaping may occupy the same space as required perimeter right-of-way
landscaping; provided, however, that in such instances, the required number of
plantings shall not exceed twelve (12) trees per one hundred (100) lineal feet.
The perimeter parking lot landscaping may be broken into segments to allow for
pedestrian movement.
B.Interior Parking Lot Landscaping: Shade trees shall be planted within parking
lots greater than ten thousand (10,000) square feet. There shall be planted one (1)
shade tree and five (5) shrubs per every fifteen (15) spaces, with a minimum of
four hundred (400) square feet of useable soil volume being provided for each
two (2) trees. The planting areas shall be evenly distributed throughout the
parking lot.
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Section 12.Open Space.
12.1The Open Space Plan conceptually illustrates the District's larger areas of Open Space.
The intent of Open Space is to allow for a balance between natural areas and the built
environment and to provide for the overall beautification of the District.
12.2Character illustrations indicating conceptually the intended design and appearance of the
District's Open Space is provided in the Character Exhibits.
12.3There shall be accessible and usable Open Space within a five (5) minute walk (one-
quarter mile) from all Dwellings within the District.
12.4A minimum of thirty (30) percent (84.5 acres) of the District shall be allocated to Open
Space, as conceptually illustrated on the Open Space Plan and Conceptual Plan.
12.5Tree Preservation Areas. The District's Natural Open Space shall include Tree
Preservation Areas, which shall include, at a minimum, the Woodlands located in the
Estates (PA-1 West), the one-hundred foot wide Springmill Streams Tree Preservation
Area (as set forth in Section 11.5(B) of this Ordinance), and then areas to be determined
at the time of Preliminary Plat approval of existing established trees in the Williams
Creek Corridor. Tree Preservation Areas shall be delineated as part of a Preliminary Plat
or Development Plan approval and recorded with the Secondary Plat. Tree Preservation
Areas shall be regulated and maintained in accordance with the following:
A.The following best management practices should be implemented:
(i)Removal of invasive species (e.g., bush honeysuckle) where appropriate.
(If the application of herbicide treatment after the removal of invasive
species to prevent them from growing back should occur, then such
applications should be done under the oversight of a professional.)
(ii)Removal of an overabundance of combustible material (e.g., dead, fallen
trees and leaves).
(iii)Removal of vines growing on and up a tree when tree growth is affected.
(iv)Completing all maintenance activities following industry standard using
the latest American National Safety Institute (ANSI) Z-133 and A-300
approved practices and methods.
B.The following types of activities shall be permitted:
(i)Planting of native trees, pursuant to the Indiana Native Tree List provided
by the City's Urban Forester.
(ii)Removal of hazardous, exotic and invasive vegetation, pursuant to the
Indiana Exotic and Invasive Plant List provided by the City's Urban
Forester.
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(iii)Removal of trees directed to be removed by municipal, county, state or
federal authority.
(iv)Installation of access easements, rights-of-way, streets, paths, trails,
sidewalks, utilities and drainage improvements, and minor pedestrian area
improvements (e.g., benches, trash receptacles, creek overlook areas).
Community Amenities may be permitted upon review and approval by the
City's Urban Forester. If appropriate and where feasible, said
improvement areas should be limited to perpendicular crossings across
Tree Preservation Areas and/or excluded from delineated Tree
Preservation Areas.
C.The following types of activities shall not be permitted unless otherwise approved
by the City's Urban Forester:
(i)Removal of living vegetation other than exotic and invasive vegetation
and hazardous trees except to accomplish items listed in Section
12.5(B)(iv) of this Ordinance.
(ii)Mowing any portion of the existing, naturally vegetated Tree Preservation
Area, except for along trails, points of access or gathering points.
(iii)Dumping of leaves or debris from areas other than the Tree Preservation
Area.
(iv)Seeding; including grass seed, prairie mix seed, sod or the planting of any
type vegetable garden unless otherwise approved by the City's Urban
Forester.
(v)Activities that adversely impact the health, structure or integrity of a
designated tree preservation area, including, but not limited to: active
recreational activities requiring the placement of playground equipment,
paving for basketball or tennis courts and swimming pools.
D.The following requirements shall apply:
(i)Tree preservation areas must be easily and permanently identifiable as a
tree preservation area through permanent signage posted every five
hundred (500) feet around the perimeter of all tree preservation areas. The
design and location of such signs shall be coordinated with the City's
Urban Forester.
(ii)Barriers shall be used to protect tree preservation areas during site
development. Barriers shall be specified on landscape plans and shall be
placed beyond the preserved trees dripline, in accordance with the tree
preservation details provided by the City's Urban Forester. Such barriers
shall remain in place during the site's construction activity.
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(iii)The Urban Forester shall be contacted for any disputed activity within the
tree preservation area. The Urban Forester shall provide resolution to
disputed activity, which may include:
(a)Removal of trees that are a host to an aggressive, life threatening
disease or pest that may pose a threat to the vitality of the rest of
the forest.
(b)Mowing and bush-hogging.
(c)Planting of new or replacement trees.
Section 13.Pedestrian and Bicycle Connectivity.
13.1Pedestrian access shall be provided between all Planning Areas within the District to
permit and encourage pedestrian movement between Planning Areas and surrounding
developments. The standards of this section are intended to: (i) provide an alternative for
people to get where they are going without using their vehicles (e.g., commuting); (ii)
provide a means for people who cannot drive vehicles to safely and practically get to
local destinations; and (iii) provide for fitness training and general recreational
opportunities.
13.2Pedestrian connectivity shall be provided, where feasible, to link Open Spaces. To the
maximum extent practicable, parks, trails and Open Space shall be organized to create
integrated systems of Open Space that connect with the following types of lands located
within or adjacent to the District:
A.Parks or trails;
B.Residential areas;
C.Civic sites (e.g., schools, libraries);
D.Other common open spaces;
E.Neighborhood shopping and activity centers; and
F.Adjacent employment centers.
13.3Sidewalks or trails shall be located on both sides of all public streets in the District.
Sidewalks shall be a minimum of five (5) feet wide and constructed pursuant to the City's
Transportation Plan for a Residential Sidewalk. Where appropriate for continuity in the
District's pedestrian network, a trail may take the place of a sidewalk on one side of a
public street. Trails shall be asphalt and a minimum of eight (8) feet wide.
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13.4A Side Path (e.g., multi-purpose path) shall be located pursuant to the City's
Transportation Plan and as generally shown on the Connectivity Plan. Side Paths shall be
a minimum of ten (10) feet wide, unless otherwise approved by the City, and constructed
pursuant to the City's Transportation Plan for a Side Path.
13.5An Off-Street Trail shall be located as generally shown on the Connectivity Plan to
connect Spring Mill Road and Clay Center Road. The Off-Street Trail shall be a
minimum of twelve (12) feet wide with two (2) foot shoulders and constructed pursuant
to the City's Transportation Plan for an Off-Street Trail. The Off-Street Trail shall be
located within a publicly dedicated right-of-way or easement that is a minimum of twenty
(20) feet wide.
13.6Pedestrian walkways shall be clearly delineated (e.g., striping, pavers, stamped concrete,
signage) when crossing a parking lot, street, or drive and shall be ADA-compliant.
Pedestrian walkways should also be separated from vehicular traffic, where appropriate,
with landscaping, on-street parking, bollards, special paving, or any other feature which
identifies the pedestrian space.
13.7Trails and sidewalks within ten (10) feet of public streets and/or within public rights-of-
way shall always be visible from the adjacent vehicular roadway. Screened or "hidden
areas" that obstruct drivers views of the pedestrian ways shall not be permitted.
Section 14.Infrastructure and Environmental Standards.
14.1The District includes a substantial amount of existing environmental and natural features.
The District's intent is to preserve and work within these existing features to create a built
environment that is responsive to these existing features and works with the site. As
such, the standards of this Section shall apply to the District.
14.2All public infrastructure within the District shall adhere to the City's standards and design
criteria, unless otherwise stated within this Ordinance or unless specific waivers have
been approved by the City. In addition, the District shall comply with the requirements
of the Thoroughfare Plan in accordance with Chapter 2.09 of the Zoning Ordinance. At
such time as requested by the City and upon the enactment of this Ordinance, the Master
Developer shall cause to be conveyed and dedicated to the City of Carmel for public
right-of-way use one-half of the full right-of-way width prescribed in the Transportation
Plan, as measured from the centerline of 116th Street and Spring Mill Road, across the
entirety of Hamilton County Parcel No.: 17-09-34-00-00-019.000. This dedication of
right-of-way will allow the City to construct an expanded roundabout and related
improvements at the intersection of 116th Street and Springmill Road, including the
extension of a Side Path along Spring Mill Road from 116th Street to the Real Estate.
14.3The number and configuration of the District's vehicular access points into the Real
Estate from the perimeter thoroughfares shall be provided as generally shown on the
Connectivity Plan. The District's street hierarchy shall be as generally shown on the
Connectivity Plan.
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14.4Traffic-calming methods should be implemented where necessary, to provide for a safer
pedestrian environment. Methods may include curved and/or narrow streets; cul-de-sacs;
chicanes (a series of tight turns in opposite directions in an otherwise straight stretch of
road); woonerfs (a "living street" where pedestrians and cyclists have access to the whole
street, not just sidewalks, and where motorists and other users share the street without
boundaries); rumble strips or speed tables; and bulbed intersections. Traffic-calming
methods shall be subject to review and approval of the Department of Engineering.
14.5Subdivisions consisting of fifteen (15) lots or more shall have at least two (2) points of
access pursuant to Chapter 6.03.21 of the Subdivision Control Ordinance; however,
subject to review and approval by the City's Fire Department, this shall not apply to The
Estates (PA-1 East) or to Bridgecreek, north of Williams Creek.
14.6Along the outside curve of streets, “eyebrows” are permitted as a non-dedicated public
right-of-way. Eyebrows may be dedicated only upon approval by the Department of
Engineering. An "eyebrow" shall be included for purposes of calculating a Lot's Street
Frontage.
14.7The rear or side façade of Dwellings on lots located adjacent to an arterial, parkway or
collector street as designated on the Transportation Plan may face such thoroughfare
provided the subdivision complies with the perimeter landscaping provisions set forth in
Section 11.4 of this Ordinance and that the Dwelling complies with the applicable
architectural standards set forth in Section 7 of this Ordinance.
14.8Double frontage lots (through lots) shall only be permitted for lots within the District's
interior and shall not be permitted for lots along the perimeter of the District. In the case
of a through lot, a non-access easement shall be provided along the appropriate lot
frontage.
14.9In order to minimize the disturbance to drainage, floodplains, preservation areas and
areas with geographical constraints: (i) the maximum cul-de-sac length shall not exceed
one thousand and eight hundred (1,800) feet; and (ii) cul-de-sacs shall terminate in a
circular right-of-way with a minimum radius of fifty (50) feet.
14.10The minimum centerline radius shall be one hundred (100) feet for cul-de-sacs and one
hundred and fifty (150) feet for all other internal roadways. Cul-de-sacs shall not
qualify as a street jog; however, the minimum centerline offset from a cul-de-sac to a
roadway shall be one hundred (100) feet.
14.11The drainage design for the District shall accommodate detention volume for: (i) the fully
developed site; (ii) fifty percent (50%) of the fully developed thoroughfare plan right-of-
way for the Real Estate's perimeter road frontages of Spring Mill Road from the Real
Estate's southern edge along Springmill Road to a point one thousand six hundred and
thirty (1630) feet north; and (iii) one hundred percent (100%) of the fully developed
thoroughfare plan right-of-way for the Real Estate's remaining perimeter road frontages.
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14.12Low Impact Development (LID) techniques shall be permitted as an environmental
system to help attain water quality standards in conjunction with development of the
storm water conveyance plan for the District. Examples of permitted systems include the
use of bioswales, bioretention, rain gardens and/or permeable pavers.
14.13Chapter 22 (Flood Hazard Districts) of the Zoning Ordinance shall apply, where it would
otherwise be applicable, to the District's floodplain areas. With respect to floodplain areas
of the District and subject to approval by the County Surveyor’s Office, filling shall be
permitted, provided that mitigated floodplain storage is provided at a ratio of three (3) to
one (1). Filling shall be permitted to accommodate vehicular and pedestrian crossings
over Williams Creek as well as accommodate pedestrian trails and other passive
recreational amenities.
14.14Subject to approval by County Surveyor’s Office, stormwater runoff generated within
floodplain areas in the District shall be exempted from discharge limits outlined in the
City’s Stormwater Technical Standards Manual.
14.15Subdivision retention ponds should be naturalistic in design (e.g., not square or
rectangular in shape) and landscaped. Methods to prevent pond stagnation and natural
water filtration and aeration methods should be considered. These methods, including the
aeration of ponds, shall be reviewed on an individual basis with the Engineering
Department to determine if such a system is warranted and appropriate.
14.16Subject to Section 12.5 of this Ordinance, no drainage easement or a combination
drainage and utility easement shall be located within a tree preservation easement.
Landscaping within drainage easements shall be permitted, except within five (5) feet of
a swale's flowline and ten (10) feet from a storm sewer pipe; however, such landscaping
may be at risk subject to the drainage easement's provisions for removal and subject to
the property's Declaration(s) of Covenants for replacement.
14.17Stormwater quality/quantity treatment may be constructed in Open Space and within the
public rights-of-way; however, any detention or water quality measures within the public
right-of-way shall first be approved by the Department of Engineering. To this extent,
natural drainage corridors should be used to the fullest extent reasonable and stormwater
should be conveyed in open channels rather than an enclosed storm sewer system
wherever practical. The natural drainage corridors should be preserved with Building
setbacks.
14.18Stormwater detention facility designs shall incorporate a 5:1 slope surrounding the pond
extending ten (10) feet into the pond from the normal pool line and without safety ledges,
pursuant to the Hamilton County Drainage Standard Details (Option 3).
14.19Stormwater detention facility access from the public right-of-way shall be provided by a
twenty (20) foot wide easement. The 5:1 slope around the pond shall serve as the access
to the pond without requiring ramps.
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14.20No minimum water area for stormwater detention facilities with permanent pools or
containing permanent lakes shall be required, rather, the size of each facility shall be
determined by the calculated capacity required for the post-developed basin area and that
can maintain the minimum required cross section and depth. See also Section 14.15 of
this Ordinance.
14.21Sub-surface drains shall not be required in swales that maintain greater than one and one
half percent (1.5%) slopes in areas of slab construction. If a crawl space or basement is
constructed in this area, all sump pumps shall connect directly to the nearest stormwater
manhole.
14.22A minimum twenty (20) foot wide stormwater easement shall be permitted for any
easement containing an eighteen (18) inch diameter pipe or smaller and/or no pipe. The
City's Stormwater Technical Standards Manual minimum easement size shall apply in all
other instances, including emergency overflow swales and bypass storm drainage.
14.23All new channels, drain tiles equal to or greater than twelve (12) inches in diameter, inlet
and outlet structures of detention and retention ponds, and appurtenances thereto as
required by the City's Stormwater Technical Standards Manual, that are installed in
subdivisions requiring a stormwater management permit from the City of Carmel shall be
contained within a minimum twenty (20) feet of drainage easement (10 feet from
centerline on each side) and shown on the recorded plat. New drain tiles refer to all sub-
surface stormwater piping, tubing, tiles, manholes, inlets, catch basins, risers, etc.
14.24Double sanitary sewer laterals are proposed in a common trench where laterals cross
streets and a single water lateral to a double meter pit on alternating lot lines. These shall
be reviewed and approved at the time of development plan approval, subject to approval
by the Department of Engineering and the applicable utility company.
14.25Monuments and Markers. Monuments and markers shall be set by the subdivider as
herein required. Said monuments and markers shall be placed so that the marked point
shall coincide exactly with the intersection of lines to be marked, and shall be set so that
the top of the monument or marker is level with the finished grade.
A.Perimeter boundary monuments shall consist of capped rebars with minimum
dimensions of twenty-four (24) inches in length and 5/8-inch in diameter. Said
monuments shall be set:
(i)At the intersections of all lines forming angles in the boundary of the
subdivision.
(ii)At the intersections of all lines forming angles in the boundary of the
section, if the subdivision is platted by sections.
B.Monuments to be placed in streets shall be of aluminum, twelve (12) inches in
length, one-half-inch (½”) minimum diameter with one and one-half-inch (1½”)
minimum diameter head, set vertically in place. Said monuments shall be set:
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(i)At the intersection of all street centerlines.
(ii)At the beginning and ending of all curves along street centerlines.
C.Any section, half section or quarter section monument located in a street shall be
re-established by the Hamilton County Surveyor and shall be provided with an
Indiana State Highway Department standard monument box.
D.Markers shall consist of capped rebars with minimum dimensions of twenty-four
(24) inches in length and 5/8-inch in diameter. Said markets shall be set at all lot
corners and bends in property lines.
E.The subdivider shall submit two (2) copies of the plat of the subdivision
indicating the placement of all monuments and markers installed or existing. Said
plat shall be certified by a Registered Land Surveyor, in accordance with State
Statutes and licensed to do business in the State of Indiana, and approved by the
Commission.
14.26The Commons Lots. If lots within Bridgecreek are developed pursuant to the standards
of the Commons Lots, as identified in Section 6.1 of this Ordinance, then the following
shall apply to the development of these lots:
A.The minimum street right-of-way width shall be forty (40) feet with a thirty (30)
foot wide street and a five (5) foot wide sidewalk located directly behind the curb
on both sides of the street.
B.A three (3) foot landscape easement, which also serves as the front yard building
setback, shall be located directly behind the sidewalk to allow for the softening of
the garage walls and/or screening walls for the homes.
C.In addition to the minimum ten (10) foot Rear Lot Line Setback, a minimum
twenty (20) foot wide common area/utility easement shall be located directly
behind the Rear Lot Line of each lot to provide landscape buffers and
accommodate utilities.
D.Utilities (e.g., sanitary, water, gas, electric) shall be placed in locations mutually
agreed to by the City of Carmel and the utility companies at the time of secondary
(final) plat approval.
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Section 15.Owners' Association and Declaration(s) of Covenants.
15.1Declarations of Covenant(s) shall be prepared by the Master Developer and recorded with
the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of
Covenants applicable to different portions of the Real Estate, and multiple corresponding
Owners’ Association(s).
15.2Owners' Association(s) shall be established and responsible for the ongoing upkeep and
maintenance of any privately owned common grounds, structures, signs, etc., as outlined
in the association documents and any other specific development improvements noted as
their responsibility in this Ordinance.
15.3The Declaration(s) of Covenants for the Village Neighborhood shall include a statement
substantially similar to the following: "No person, group of persons or entity, other than
the Developer, shall own more than two (2) Dwellings."
15.4The Declaration(s) of Covenants shall establish a Design Review Committee ("DRC").
The organization and procedures of the DRC shall be set forth in the Declaration(s) of
Covenants. There may be a separate DRC for each Owners Association(s) or a single
DRC for multiple Owners' Association(s). The DRC shall be established to review and
approve all proposed residential development within the District, as well as any proposed
changes to an existing Dwelling. Therefore, a letter of support from the DRC shall
accompany any City of Carmel Building Permit application for the construction or
modification of a structure.
Section 16.Development Plan Approval
.
16.1Approval or Denial of Plats and Final Development Plan.
A.With respect to any portion of the Real Estate other than the areas on which lots
are developed for Single-Family Dwellings, the platting into smaller sections shall
be permitted, but shall not be required in order to divide the Real Estate into
smaller areas for purposes of conveying title to a parcel or creating separate tax
parcels. The creation of smaller parcels for the purpose of conveying title or
creating separate tax parcels shall not create property lines to which setbacks or
any other standards of this Ordinance shall be applied, provided that development
of the parcels shall conform to an approved Development Plan.
B.Primary (preliminary) and secondary (final) platting shall be required with respect
to any portion of the Real Estate on which lots are developed for Single-Family or
Two-Family Dwellings. All secondary plats for any portion of the Real Estate
shall be approved administratively by the Department, and shall not require a
public hearing before the Plan Commission, so long as the proposed secondary
plat substantially conforms to the approved primary plat.
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C.No DP/ADLS Approval shall be required with respect to Single-Family or Two-
Family Dwellings and associated accessory dwellings, accessory structures,
landscaping, lighting, and signage. All Buildings and associated parking,
landscaping, lighting and signage for Multiple-Family Dwellings and
Townhouses shall require DP/ADLS Approval.
D.If there is a Substantial Alteration in the approved DP/ADLS or primary plat,
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 and Material Alterations may be approved by the Director.
E.The Director shall have the sole and exclusive authority to approve without
conditions, approve with conditions, or disapprove the final Development Plans
and/or Secondary Plats (collectively, the “FDP”) for the Real Estate; provided,
however, that approval shall not be unreasonably withheld or delayed if the FDP
is in substantial conformance with the corresponding approved DP/ADLS and/or
primary plat and is in conformance with the Development Requirements. If the
Director disapproves any FDP, the Director shall set forth in writing the basis for
the disapproval and schedule the request for approval of the FDP for a hearing
before the full Plan Commission.
16.2Zoning Waiver.
A.The Plan Commission may, after a public hearing, grant a waiver of any of the
dimensional and quantitative standard of this Ordinance, by no greater than
twenty (20) percent of the specified standard. Any approval to permit such a
waiver shall be subject to the following criteria:
(i)The proposal shall be in harmony with the purposes and land use
requirements of this Ordinance.
(ii)The proposal shall compliment the District and the adjoining streetscapes
and neighborhoods.
(iii)The proposal shall not produce a site plan or street/circulation system that
would be impractical or detract from the appearance of the District.
(iv)The waiver shall not adversely affect emergency vehicle access or deprive
adjoining properties of adequate light and air.
B.In granting a waiver, the Plan Commission may impose such conditions that will,
in its judgment, secure the purposes of this Ordinance.
C.This section does not preclude the City's Board of Zoning Appeals from
considering and approving Variances from the terms of this Ordinance, pursuant
to Chapter 30 of the Zoning Ordinance.
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D.A waiver may not be granted for the District's total number of Dwellings or a
Planning Area's Maximum Density, as set forth in Section 6 of this Ordinance.
16.3Master Developer and Design Review Committee Consent.
A.A written consent by the Master Developer or its assigns shall accompany any
permit or approval request pertaining to the Real Estate by a Developer, user,
owner, or tenant. Permits or approvals may include, but are not limited to:
(i)Improvement Location Permit for any improvements within the District;
(ii)Sign permit for any signs within the District;
(iii)Building permits for any Buildings within the District;
(iv)DP/ADLS, or primary or secondary plat approval for any part of the
District; and
(v)Any text amendment or other variations to the terms and conditions of this
Ordinance (e.g., request for a modification to Development
Requirements).
B.A letter of support for construction or modification of a residential structure from
the Design Review Committee shall accompany any building permit application.
Section 17.Violations and Enforcement.
17.1The enforcement of any violations of this Ordinance, including violations of conditions
and safeguards established in connection with the granting of subsequent variances,
special uses or Development Plan approvals, shall be subject to and governed by the
authority and procedures set forth in the Zoning Ordinance, including Chapter 34 of the
Zoning Ordinance, which shall apply.
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EXHIBIT A| REAL ESTATE
Zoning Description
A part of Section 34, Township 18 North, Range 3 East, of the Second Principle Meridian, Clay
Township, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of said Section; thence South 89
degrees 37 minutes 50 seconds West along the South line of said Quarter Section a distance of
1,070.70 feet to a Southwest corner of the real estate described Instrument Number 92-22718 of
the Office of the Recorder, Hamilton County, Indiana; thence North 00 degrees 20 minutes 13
seconds East along the West line of said real estate and parallel with the East line of said
Southeast Quarter Section a distance of 990.97 feet to the South line of the North one hundred
(100) acres of said Southeast Quarter Section, said point also being the POINT OF BEGINNING
of this description; thence South 89 degrees 31 minutes 47 seconds West along said South line
1,589.00 feet to the West line of said Southeast Quarter Section; thence North 00 degrees 27
minutes 00 seconds East along said West line 191.57 feet to the Southeast corner of the real
estate described in Instrument Number 97-27194 in said Recorder’s Office; thence along the
bounds of said real estate by the next four (4) courses; 1) North 89 degrees 51 minutes 49
seconds West 369.72 feet; 2) North 00 degrees 27 minutes 00 seconds East parallel with the East
line of Southwest Quarter of said Section a distance of 645.34 feet; 3) South 89 degrees 33
minutes 54 seconds West parallel with the North line of said Southwest Quarter Section a
distance of 456.04 feet; 4) North 00 degrees 27 minutes 00 seconds East parallel with the East
line of said Southwest Quarter Section a distance of 765.33 feet to the South line of the North
two rods (33 feet) off of the North end of the East Half of said Southwest Quarter Section; thence
South 89 degrees 33 minutes 54 seconds West along said South line 497.18 feet to the West line
of the East Half of said Southwest Quarter Section; thence North 00 degrees 23 minutes 36
seconds East along said West line 33.00 feet to the Southwest corner of the Southeast Quarter of
the Northwest Quarter of said Section; thence North 00 degrees 20 minutes 44 seconds East
along said West line of said Quarter-Quarter Section a distance of 1,314.57 feet to the Northwest
corner of said Quarter-Quarter Section; thence North 89 degrees 33 minutes 14 seconds East
along the North line of said Quarter-Quarter Section a distance of 1,323.71 feet to the Northwest
corner of the Southwest Quarter of the Northeast Quarter of said Section; thence North 89
degrees 30 minutes 51 seconds East along the North line of said Quarter-Quarter Section a
distance of 719.16 feet to the Southwest corner of the real estate described in Deed Book 220,
Page 253 in said Recorder’s Office; thence along the bounds of said real estate by the next two
(2) courses; 1) thence North 00 degrees 17 minutes 00 seconds East parallel with the East line of
Northwest Quarter of said Northeast Quarter Section a distance of 494.50 feet; 2) North 89
degrees 30 minutes 51 seconds East parallel with the South line of the Northwest Quarter of said
Northeast Quarter Section a distance of 607.00 feet to the West line of the Northeast Quarter of
said Northeast Quarter Section; thence North 00 degrees 17 minutes 00 seconds East along said
West line 721.85 feet to the Southwest corner of the real estate described in Instrument Number
92-26837 in said Recorder’s Office; thence along the bounds of said real estate by the next two
32
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EXHIBIT A| REAL ESTATE
(2) courses; 1) North 89 degrees 32 minutes 59 seconds East parallel with the North line of
Quarter-Quarter Section a distance of 218.17 feet; 2) North 00 degrees 17 minutes 00 seconds
East parallel with the West line of said Quarter-Quarter Section a distance of 100.00 feet to the
North line of said Quarter-Quarter Section; thence North 89 degrees 32 minutes 59 seconds East
along said North line 381.23 feet to a Northeast corner of the real estate described in Instrument
Number 94-7077 in said Recorder’s Office; thence along the bounds of said real estate by the
next three (3) courses; 1) South 00 degrees 13 minutes 14 seconds West parallel with the East
line of said Quarter-Quarter Section a distance of 300.00 feet; 2) North 89 degrees 32 minutes 59
seconds East parallel with the North line of said Quarter-Quarter Section a distance of 439.00
feet; 3) South 00 degrees 13 minutes 14 seconds West parallel with the East line of said Quarter-
Quarter Section a distance of 153.49 feet to the Northwest corner of the real estate described in
Instrument Number 2009-56608 in said Recorder’s Office; thence along the bounds of said real
estate by the next two (2) courses; 1) thence North 64 degrees 56 minutes 13 seconds East
111.85 feet; 2) North 83 degrees 45 minutes 53 seconds East 187.03 feet to the East line of said
Northeast Quarter Section; thence South 00 degrees 13 minutes 14 seconds West along said East
line 2,242.97 feet to the Northeast corner of the Southeast Quarter of said Section; thence South
00 degrees 20 minutes 13 seconds West along the East line of said Southeast Quarter Section a
distance of 1,638.85; thence South 89 degrees 31 minutes 47 seconds West 1,070.80 feet to the
place of beginning, containing 281.814 acres, more or less, subject to all legal highways, rights-
of-ways, easements, and restrictions of record.
This description has been prepared for the use in a zoning application and is based upon a
preliminary ALTA/ACSM Land Title Survey performed by Stoeppelwerth & Associates, Inc.,
Job Number 60160DSW and dated June 17, 2010. This description should only be used for the
purposed it was intended for.
S:\60160\Legal\Exhibit\Silvara Legal Description 10-4-11.rtf
December 15, 2010 rjc
Revised: May 11, 2011 rjc
Revised: October 4, 2011 gdk
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Í Í ÍÍÍÍÍ Í ÍÍ Í ÍÍÍÍÍ Í Í
Í Í ÍÍÍÍÍ Í ÍÍÍÍ
Í Í ÍÍÍÍÍ Í ÍÍ Í ÍÍÍÍÍ Í Í
Í Í ÍÍÍÍÍ Í ÍÍÍÍ
EXHIBIT F | USE TABLE
P= Permitted Use | A = Accessory Use | SU = Special Use | "Blank" = Prohibited Use
PLANNING AREA
PERMITTED USE
Village
The Estates Creekside Bridgecreek
Neighborhood
Residential Uses
P P P P
Single-Family Dwelling
PP
Two-Family Dwelling
P
Multiple-Family Dwelling
Apartments
P
Townhouses
PPPP
Accessory Dwelling
Mobile Home Court
PP
Attached Dwelling
A A A A
Home Occupation
AAAA
Residential Kennel
P
Bed & Breakfast Inn
PPPP
Model Home
A A A A
Guest House
AAAA
Bona Fide Servants Quarters
Boarding or Lodging House
SUSU
Nursing/Retirement/
Convalescent Facility
A A A A
Private Swimming Pool, etc.
Office Uses
Clinical or Medical Health
Cente
r
Research Laboratory or
Facility
General Offices
Professional Offices
Hospice
Training Facility
Medical Offices
Institutional Uses
SU SU
Church, Temple, or Place
of Worship
Hospital
SU SU SU P
Library
Penal or Correctional
Institution
Post Office
Power Generating Plant
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EXHIBIT F | USE TABLE
P= Permitted Use | A = Accessory Use | SU = Special Use | "Blank" = Prohibited Use
PLANNING AREA
PERMITTED USE
Village
The Estates Creekside Bridgecreek
Neighborhood
P P P P
Public Service Facility
Commercial Sewage or
Garage Disposal Plant
SU SU SU SU
Water Management &
Use Facility
Educational Uses
P
School, Trade or Business
P
College or University
P
Day Nursery or Daycare
SU SU SU P
Kindergarten/Preschool
School of General PPPP
Elementary or Secondary
Retail and Service Uses
General Retail Sales
Lumber/Building Materials
General Personal Services
Automobile Service Station
Automobile/Boat Sales
Automobile/Truck Repair
Manufactured Housing
Car Wash
Commercial Kennel
Dry Cleaning Establishment
(w/on-site plant)
Dry Cleaning Establishment
(w/o on-site plant)
Equipment Sales/Repair
Financial Institution
Automated Teller Machine
Food Stand
Funeral Home, Mortuary,
Crematory
Roadside Sales Stand
Self-Service Laundry
Sexually Oriented Business
Tattoo Studio
Veterinary Hospital
(w/ Commercial Kennel)
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EXHIBIT F | USE TABLE
P= Permitted Use | A = Accessory Use | SU = Special Use | "Blank" = Prohibited Use
PLANNING AREA
PERMITTED USE
Village
The Estates Creekside Bridgecreek
Neighborhood
Veterinary Hospital
(w/o Commercial Kennel)
Wholesale Sales
Cultural and Entertainment Uses
Art Gallery
Art & Music Center
Carnivals, Fairs, Circuses, etc.
Hotel
Hotel (full service)
Indoor Theater
Outdoor Theatre
Catering Establishment
Restaurant
(w/o drive thru food sales)
Restaurant
(w/ drive thru food sales)
Meeting or Party Hall
Museum
Stadium or Coliseum
Tavern/Night Club
Industrial Uses
Borrow Pit/Top Soil
Removal & Storage
Heavy Industrial
Sanitary Landfill, Junk
Light Industrial
Storage and/or
Warehousing, Indoor
Storage and/or
Warehousing, Outdoor
Storage or Sale of
Petroleum Products
Coke Ovens, Brick Yards,
Kilns, Open Hearth, or
Blast Furnace
Light Manufacturing
Mineral, Sand, or Gravel
Extraction Oerations
p
Printing or Publishing
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EXHIBIT F | USE TABLE
P= Permitted Use | A = Accessory Use | SU = Special Use | "Blank" = Prohibited Use
PLANNING AREA
PERMITTED USE
Village
The Estates Creekside Bridgecreek
Neighborhood
Storage or Distribution
Facility
Wholesale Facility
Heavy Manufacturing
Agricultural Uses
Commercial Greenhouse
Raising/Breeding of Non-SU SU SU SU
Farm or Exotic Animals
Feed Store
SU SU SU SU
Plant Nursery
Grain Elevator
P P P P
General or Urban
Agriculture (Farm)
1
PPPP
Horse Farm
Recreational Uses
Commercial Recreational
Facility, Indoor
Commercial Recreational
Facility, Outdoor
PPPP
Community Amenities
P P P P
Community Center
SUSUSU
Country Club
P P P P
Golf Course
Health/Fitness Facility
P P P P
Open Space
PP
Private Club or Lodge
Private Recreational
Facility
1
PPPP
Riding Stable
P P P P
Park, Public
Shooting Gallery (indoor
or outdoor)
Miscellaneous
P P P P
Artificial Lake or Pond
1
Facilities that existed on the date of the enactment of this Ordinance shall be permitted; however, any
new facility established after the enactment of this Ordinance shall be established on a Lot with a
minimum size of three (3) acres.
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EXHIBIT F | USE TABLE
P= Permitted Use | A = Accessory Use | SU = Special Use | "Blank" = Prohibited Use
PLANNING AREA
PERMITTED USE
Village
The Estates Creekside Bridgecreek
Neighborhood
Cemetery
Historic Site
Temporary Uses
PPPP
Construction Facility
Display, Outdoor
PPPP
Model Home
Sales, Outdoor
Sales, Seasonal Outdoor
P P P P
Special Event, Outdoor
Transportation and Communication Uses
2
SUSUSUSU
Antenna
P P P P
Collocated Antenna
Radio and/or Television
Studio
Radio/Television
Transmission Antenna
Radio/Television
Transmission Tower
Tower
Wireless Telecommunication
Antenna
Wireless Telecommunication
Service Tower
Motor Bus or Railroad
Passenger Station
Private Airplane
Landing/Service Facility
Private Helicopter
Commercial Parking Lot
AAAA
Private Parking Area
Truck Stop
2
If visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney
stack, church spire, light standard, monument, power line support, or water tower).
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EXHIBIT G | THE ESTATES AND CREEKSIDE
ARCHITECTURAL & DESIGN STANDARDS
Section 1.Character Exhibits.
Character illustrations indicating conceptually the intended
architecture and appearance of Dwellings are provided in the Character Exhibits.
Section 2.Exterior Siding Materials.
Permissible materials include the following: (i)
Brick; (ii) Cedar; (iii) Stone; (iv) Stucco; (v) EIFS or dryvit; (vi) Architectural
metals, such as copper or Cor-Ten; and (vii) Fiber cement. Vinyl and aluminum
siding shall be prohibited. EIFS and dryvit shall only be used a minimum of eight
(8) feet above grade and/or limited to trim or accent areas.
Section 3.Roofs.
3.1Permissible roof materials shall include architectural-grade, dimensional shingles;
clay; slate; wood shingles; wood shakes; and metals. Green roofs are encouraged,
as are recycled materials. Three-tab shingles are not permitted.
3.2A twelve (12) inch overhang on all eaves, as measured from the framing and not
including gutters, is required.
3.3If dormers are used, at least one (1) window or decorative louver per dormer is
required. Dormers and gables must have details such as attic bands, windows,
and/or decorative attic vents.
3.4Ridge vents shall be required.
3.5Minimum roof slope shall be 6 (vertical units): 12 (horizontal units) for primary
roofs. Secondary roofs (e.g., porches, bays, garages, dormers) may have a lower
pitch.
Section 4.Windows.
4.1Habitable rooms, such as bedrooms and living rooms, shall have operable
windows with screens to take advantage of natural cross-ventilation. There shall
be a minimum of three (3) windows per facade. Single story homes shall have a
minimum of two (2) windows per facade. A vent may be substituted for a
window on a gable.
4.2Windows shall be wood, vinyl-clad wood, vinyl, aluminum-clad wood, or painted
metal.
4.3All windows shall be fully framed unless the window is surrounded by a masonry
material.
4.4Where practical, shutters shall match in size the windows they are intended to
cover.
Section 5.Garage Placement & Doors.
5.1All garages shall be designed as an integral part of the architecture of the
dwelling, with regards to materials, trim, and detail. Detached garages shall
incorporate compatible massing and scale with regards to the primary residence.
5.2A minimum two (2) car garage shall be required per Dwelling.
5.3Pursuant to Chapter 25.01.01(B)(5) of the Zoning Ordinance, the combined
square footage of the Ground Floor Area of a Private Garage and/or Accessory
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EXHIBIT G | THE ESTATES AND CREEKSIDE
ARCHITECTURAL & DESIGN STANDARDS
Building shall not exceed seventy-five (75) percent of the Ground Floor Area of
the Principal Building, except that a detached garage, which is the only Accessory
Building on the lot, may equal the maximum dimensions of twenty-four (24) by
thirty (30) feet provided that the Ground Floor Area of the garage is less than or
equal to the Ground Floor Area of the Principal Building. Lots over three (3)
acres shall be exempt from this standard.
5.4Garages shall be side-, rear-, or court-loading on lots greater than ninety (90) feet
in width.
5.5Lots smaller than ninety (90) feet in width shall be permitted to have front-
loading garages; however, the front facing garage door width shall be no more
than forty percent (40%) of the total front façade width of a home with a two-car
garage and forty-eight percent (48%) of the total front façade width of a home
with a three-car garage. The garage wall and door of a front-load garage shall be
offset a minimum of two (2) feet from the primary front facade of the house.
5.6Garage doors shall have raised panels or other decorative panels (e.g., window
panels, carriage style panels, and decorative hardware).
Section 6.Chimneys.
6.1Full-height chimneys are required when exterior fireplaces are present. Shed-
style or cantilevered chimneys shall only be permitted on the rear elevation of
homes with basements.
6.2Direct vent chimneys shall be permitted.
Section 7.Entryways & Porches.
7.1Porches and/or entryways shall be clearly defined and should be visible as the
main focus of the front façade.
7.2Porches and/or entryways shall be delineated by elements such as pilasters,
sidelights, columns, railings, etc.
7.3Porches should be at least four (4) feet deep, where used, to allow sufficient room
for furniture.
7.4Porches & entryways should be in scale with the rest of the house, and should be
architecturally appropriate.
Section 8.Streetscape Diversity.
Neighborhoods shall promote streetscape diversity
through varied elevations. The same Building elevation shall not be constructed
for one (1) lot on each side of the subject lot on the same side of the street and for
three (3) lots across the street from the subject lot.
Section 9.Driveways.
Driveways shall be concrete, stamped concrete, brick, porous
concrete, or stone or pervious pavers. Asphalt driveways shall not be permitted
for lots less than two (2) acres in size. If a roadway is curbed, then the portion of
the driveway within the public right-of-way shall be concrete pursuant to Carmel
City Code §6-227(h)(6).
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EXHIBIT H | BRIDGECREEK
ARCHITECTURAL & DESIGN STANDARDS
Section 1.Character Exhibits.
Character illustrations indicating conceptually the intended
architecture and appearance of Dwellings are provided in the Character Exhibits.
Section 2.Exterior Building Materials.
Permissible materials include the following: (i)
Brick; (ii) Cedar; (iii) Stone; (iv) Stucco; (v) EIFS or dryvit; (vi) Architectural
metals, such as copper or Cor-Ten; and (vii) Fiber cement. Vinyl and aluminum
siding shall be prohibited. EIFS and dryvit shall only be used a minimum of eight
(8) feet above grade and/or limited to trim or accent areas.
Section 3.Rooflines.
3.1Permissible roof materials shall include architectural-grade, dimensional shingles;
clay; slate; wood shingles; wood shakes; and metals. Green roofs are encouraged,
as are recycled materials. Three-tab shingles shall not be permitted.
3.2A twelve (12) inch overhang on all eaves, as measured from the framing and not
including gutters, is required.
3.3If dormers are used, at least one (1) window or decorative louver per dormer is
required. Dormers and gables must have details such as attic bands, windows,
and/or decorative attic vents.
3.4Ridge vents shall be required.
3.5Minimum roof slope shall be 6 (vertical units): 12 (horizontal units) for primary
roofs. Secondary roofs (e.g., porches, bays, garages, dormers) may have a lower
pitch.
Section 4.Windows.
4.1Habitable rooms, such as bedrooms and living rooms, shall have operable
windows with screens to take advantage of natural cross-ventilation. There shall
be a minimum of three (3) windows per facade. Single story homes shall have a
minimum of two (2) windows per facade. A vent may be substituted for a
window on a gable.
4.2Windows shall be wood, vinyl-clad wood, vinyl, aluminum-clad wood, or painted
metal.
4.3All windows shall be fully framed unless the window is surrounded by a masonry
material.
4.4Where practical, shutters shall match in size the windows they are intended to
cover.
Section 5.Garage Placement & Doors.
5.1All garages shall be designed as an integral part of the architecture of the
dwelling, with regards to materials, trim, and detail. Detached garages shall
incorporate compatible massing and scale with regards to the primary residence.
5.2A minimum two (2) car garage shall be required per Dwelling.
5.3Pursuant to Chapter 25.01.01(B)(5) of the Zoning Ordinance, the combined
square footage of the Ground Floor Area of a Private Garage and/or Accessory
Building shall not exceed seventy-five (75) percent of the Ground Floor Area of
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EXHIBIT H | BRIDGECREEK
ARCHITECTURAL & DESIGN STANDARDS
the Principal Building, except that a detached garage, which is the only Accessory
Building on the lot, may equal the maximum dimensions of twenty-four (24) by
thirty (30) feet provided that the Ground Floor Area of the garage is less than or
equal to the Ground Floor Area of the Principal Building. Lots over three (3)
acres shall be exempt from this standard.
5.4Garages shall be side-, rear-, or court-loading on lots greater than ninety (90) feet
in width.
5.5Lots smaller than ninety (90) feet in width shall be permitted to have front-
loading garages; however, the front facing garage door width shall be no more
than forty-eight percent (48%) of the total front façade width. The garage wall
and door of a front-load garage shall be offset a minimum of two (2) feet from the
primary front facade of the house.
5.6Garage doors should have raised panels or other decorative panels (e.g., window
panels, carriage style panels, and decorative hardware).
Section 6.Chimneys.
6.1Full-height chimneys are required when exterior fireplaces are present. Shed-
style or cantilevered chimneys shall only be permitted on the rear elevation of
homes with basements.
6.2Direct vent chimneys shall be permitted.
Section 7.Entryways & Porches.
7.1Porches and/or entryways shall be clearly defined and should be visible as the
main focus of the front façade.
7.2Porches and/or entryways shall be delineated by such elements as pilasters,
sidelights, columns, railings, etc.
7.3Porches should be at least four (4) feet deep, where used, to allow sufficient room
for furniture.
7.4Porches & entryways should be in scale with the rest of the house, and should be
architecturally appropriate.
Section 8.Driveways.
Driveways shall be concrete, stamped concrete, brick, porous
concrete, or stone or pervious pavers. Asphalt driveways shall not be permitted
for lots less than two (2) acres in size. If a roadway is curbed, then the portion of
the driveway within the public right-of-way shall be concrete pursuant to Carmel
City Code §6-227(h)(6).
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EXHIBIT I | VILLAGE NEIGHBORHOOD
ARCHITECTURAL & DESIGN STANDARDS
Section 1.Character Exhibits.
Character illustrations indicating conceptually the intended
architecture and appearance of Dwellings are provided in the Character Exhibits.
Section 2.Site Design.
2.1The site design shall be context-sensitive with regards to existing natural features.
2.2Site access and internal circulation shall promote safety, efficiency, and
convenience.
2.3On-street parking shall be permitted on the Real Estate's internal streets and
drives.
2.4A variety of housing types should be offered for sale, such as Townhouses, flats
and detached coach or carriage homes targeting active-adult/empty-nesters and
young professionals to provide for a wide variety of options, encourage
neighborhood diversity and to create diversity in architecture and Building scales.
2.5Multi-story Buildings shall have a variable orientation and/or varied front setback
along Spring Mill Road.
Section 3.Building Design and Mass.
3.1No more than six (6) Dwellings attached vertically (e.g., Townhouses) shall be
permitted per Building, and no more than sixteen (16) Dwellings attached
horizontally (e.g., flats) shall be permitted per Building unless elevator service is
provided, then up to forty (40) Dwellings attached horizontally shall be permitted
per Building.
3.2Buildings shall be compatible with their surroundings with regards to height,
mass, roof pitch, and scale. Buildings of varying sizes and styles are encouraged
to provide for a variety of housing types and to create diversity in architecture and
building scales.
3.3Buildings shall provide visual interest, through the use of details, trim, and a
variety of materials.
3.4Entryways shall be visually distinct. Individual entries, porches, balconies 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, common areas of the
Building and the private areas.
3.5Walls shall not have unbroken planes greater than sixty (60) feet in length. Units
within Buildings may be differentiated by plane and material changes, and
separate entrances.
3.6Mechanical equipment shall be screened with landscaping to minimize the
visibility of the equipment while still allowing for the equipment to properly
ventilate and function.
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EXHIBIT I | VILLAGE NEIGHBORHOOD
ARCHITECTURAL & DESIGN STANDARDS
Section 4.Exterior Building Materials.
Exterior materials shall be durable and of high
quality, such as 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), and high-quality siding of wood or fiber-cement. Materials such as
thin layer synthetic stucco or EIFS products should only be used a minimum of
eight (8) feet above grade, unless otherwise approved by the Plan Commission as
appropriate for the proposed architectural style. Vinyl and aluminum siding shall
be prohibited.
Section 5.Rooflines.
5.1Roof forms shall harmonize with the architectural style of the Building.
5.2Permissible materials shall include architectural-grade, dimensional shingles;
clay; slate; wood shingles; wood shakes; and metals. Green roofs are encouraged,
as are recycled materials. Three-tab shingles shall not be permitted unless
otherwise determined by the Director or Plan Commission to be appropriate with
the proposed architectural style at the time of development plan approval.
5.3Rooflines shall not have unbroken lines greater than sixty (60) feet in length
unless appropriate for that architectural style (i.e. Modern or Federal).
5.4Flat roofs shall be permitted; however, if pitched roofs are incorporated, then the
minimum roof slope shall be 6 (vertical units): 12 (horizontal units) for primary
roofs. Secondary roofs (e.g., porches, bays, garages, dormers) may have a lower
pitch.
Section 6.Windows.
6.1There shall be a minimum of two (2) windows per exposed facade, per level.
Half stories are permitted to have one (1) window. A vent may be substituted for
a window on a gable.
6.2Windows shall be wood, vinyl-clad wood, vinyl, aluminum-clad wood, or painted
metal.
6.3All windows shall be fully framed and trimmed.
6.4Where practical, shutters shall match in size the windows they are intended to
cover.
6.5Skylights and light wells in internal corridors are encouraged when practical.
6.6Windows should be staggered to preserve privacy.
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EXHIBIT J
EMPTY-NESTER / ACTIVE ADULT STANDARDS
Section 1.Development Restrictions.
1.1A minimum of seventy five (75) percent of home plans to be offered shall have
the master bedroom on the main floor.
1.2A minimum of seventy five (75) percent of home plans to be offered shall be
limited to one (1) or one and one half (1 ½) story elevations.
1.3Low maintenance exterior materials, in accordance with Exhibit H, shall be
required on all homes.
1.4Irrigation systems shall be required to be installed, at a minimum, for the front
yard of all homes.
1.5Creative configuration of units and the land plan to decrease maintenance,
increase safety of residents and facilitate resident interaction including:
A.Sidewalk directly linked to front door of each home;
B.Reduced front setbacks;
C.Automatic dusk to dawn yard or coach lights on the garage;
D.Community design which facilitates and enhances walk-ability;
E.Proximity and interconnectedness to community services; and
F.Proximity to common areas with amenities focused on the active adult
lifestyle including community gardens, walking trails, nature observation
areas, sheltered gathering areas, etc.
Section 2.Declaration(s) of Covenants Provisions.
2.1The Owners' Association(s) shall offer an annual contract to all homeowners for
low maintenance on their lots (e.g., lawn mowing, lawn maintenance and snow
removal).
2.2The Declaration(s) of Covenants shall include provisions that prohibit play sets,
trampolines, sandboxes and mini-storage barns.
Section 3.Community Center / Activities.
3.1In the event a community center is provided in Bridgecreek, it shall be an active
adult community center that emphasizes community clubs and activities such as,
but not limited to: aerobics, wellness programs, cards, games, billiards, social
gatherings as well as outdoor recreation activities such as bocce, tennis, lap pool
and putting green.
3.2A Community Activities Committee for resident activities shall be established to
coordinate community-wide events, trips, activities, etc.
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EXHIBIT J
EMPTY-NESTER / ACTIVE ADULT STANDARDS
Section 4.Universal Design.
Universal Design features shall be offered by the builder to
homeowners as options in all active adult homes including:
4.1Minimum thirty-six (36) inch wide passage doorways for the main living areas,
master bedroom and master bathroom;
4.2Bathroom walls blocked to provide for installation of grab bars;
4.3Minimum nine (9) foot ceiling height in the primary living area;
4.4Minimum forty-eight (48) inch tall bathroom vanities and elevated toilets in
master bathroom;
4.5No step threshold entry into home and master shower with shower chair;
4.6Security system connected to EMS, fire and police;
4.7Flashing porch light or 911 switch; and
4.8Handrails near stairs.
50
Silvara | Exhibits10.28.11
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EXHIBIT L
Conditions to Enactment of Ordinance Z-553-11
The following are imposed as conditions to the enactment of the Silvara Planned Unit
Development District Ordinance Z-553-11 (the " Ordinance"), pertaining to the Real Estate, and
are hereby referenced as Exhibit L (the "Conditions"). If any Condition conflicts with a
provision of the Ordinance, then the more restrictive shall apply.
Section 1.Maximum Densities.
The following shall apply:
1.1The maximum density in the Planning Areas shall not exceed the following:
A.The Estates: 1.0 du/acre
B.Creekside: 1.5 du/acre
C.Bridgecreek: 1.8 du/acre
D.Village Neighborhood: 3.25 du/acre
1.2The total number of Dwellings permitted in the District shall not exceed four
hundred and twenty-two (422).
Section 2.Additional Empty-Nester Standards.
2.1The Universal Design features set forth in this Section shall apply to the
following:
A.All detached single-family Dwellings on a Lot with a Lot Width of less
than seventy (70) feet in the District;
B.All detached single-family Dwellings on a Lot with a Lot Width of less
than one hundred (100) feet in Bridgecreek and the Village Neighborhood;
and
C.All Attached Residential Buildings.
2.2Either the master bedroom on the first floor of the Dwelling Unit, or one (1) of the
following:
A.A flex room that can be converted into a bedroom on the first floor, and a
full bathroom on the first floor;
B.An elevator;
C.Stacked closets on the first and second floor pre-framed to accommodate
an elevator; or
D.A forty-eight (48) inch wide stairway that permits installation of a lift
chair.
2.3The Owners' Association(s) shall provide for lawn mowing and lawn maintenance
services on individual Lots.
2.4Minimum thirty-six (36) inch wide hallways.
2.5Minimum thirty-two (32) inch wide clear opening (per ADA Accessibility
Guidelines for Buildings and Facilities, sec. 4.135) doorways for exterior
doorways, the main living areas, master bedroom and master bathroom.
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Conditions to Enactment of Ordinance Z-553-11
2.6Master bathroom walls blocked to provide for installation of grab bars.
2.7Master bathrooms with the shower stall separate from the tub (if a tub is
installed).
2.8Hand rails near stairs.
2.9Either a no-step entry or an entry designed for the addition of a handicap ramp in
the future without major reconstruction.
2.10All standards set forth in this Section that are required for some, but not all, areas
of a Dwelling shall be offered as options for the non-required areas of a Dwelling
(e.g., master bathroom walls must be blocked and so an option to block other
bathroom walls must be offered).
Section 3.Additional Architectural Standards
.
Detached Residential Masonry Requirements
3.1. The following shall apply to all
detached single-family Dwellings throughout the District:
A.Dwellings located on a Lot adjacent to the perimeter of the Real Estate
shall be required to have Masonry as an exterior siding material on all
facades in an amount equivalent to the first floor surface area (exclusive of
windows, doors, and other openings).
B.Dwellings in the Estates shall be required to have Masonry as an exterior
siding material on all facades in an amount equivalent to the first floor
surface area (exclusive of windows, doors, and other openings). This
requirement may be modified for a Dwelling with a Historical
Architectural Style, as determined by the Department.
C.Dwellings in Creekside and Bridgecreek shall be required to have
Masonry as an exterior siding material on the front façade in an amount
equivalent to the first floor surface area (exclusive of windows, doors and
other openings) of the front façade. This requirement may be modified for
a Dwelling with a Historical Architectural Style, as determined by the
Department.
D.All Dwellings shall have at least a Masonry water table a minimum of
eighteen (18) inches tall above grade on all facades. No exposed
foundation shall be permitted.
E.All exterior chimneys shall be constructed of Masonry. This does not
apply to direct vent or interior fireplaces which protrude through the roof.
Attached Residential Masonry Requirements
3.2. All Attached Residential
Buildings in the Village Neighborhood shall be required to have Masonry as an
exterior siding material on all facades in an amount equivalent to the first floor
surface area (exclusive of windows, doors, and other openings).
Garage Placement & Doors
3.3. All front loading garage doors shall: (i) be
insulated or solid; (ii) have raised panels or other decorative panels (e.g., window
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EXHIBIT L
Conditions to Enactment of Ordinance Z-553-11
panels, carriage style panels, and decorative hardware); and (iii) be painted to
match the Dwelling's trim or siding color.
Corner Breaks
3.4. Each Dwelling shall have a minimum of two (2) corner breaks
on the front and rear façades (in addition to the outside corners of the Dwelling).
The inside and outside corners of a covered porch or the inside and outside
corners of any projection with a height of no less than six (6) feet shall count
toward this requirement.
Streetscape Diversity
3.5. The following shall apply to Bridgecreek and for any
detached Dwelling in the Village Neighborhood: Neighborhoods shall promote
streetscape diversity through varied elevations, the same Building elevation shall
not be constructed for one (1) lot on each side of the subject lot on the same side
of the street and for three (3) lots across the street from the subject lot.
Attached Residential Building Design and Mass
3.6. No more than six (6)
Dwellings attached shall be permitted per Building. As a result, Section 3.1 of
Exhibit I (Village Neighborhood Architectural and Design Standards) of the
Ordinance is hereby deleted.
Exhibit G and Exhibit H
3.7. Any provision within Exhibit G (The Estates and
Creekside Architectural & Design Standards) and Exhibit H (Bridgecreek
Architectural & Design Standards) of the Ordinance that provides "should" is
hereby restricted to require such provision be mandatory and read as "shall".
Section 4.Perimeter Lots
. As identified and labeled on the attached Exhibit L-1, there
shall be a maximum of:
4.1Eight (8) Lots adjacent to the Claybridge Perimeter, each with a minimum Lot
size of 30,000 square feet;
4.2Six (6) Lots adjacent to the Springmill Streams Perimeter, each with a minimum
Lot size of 30,000 square feet;
4.3Eight (8) Lots along the Spring Lake Estates Perimeter, each with a minimum Lot
size of 12,000 square feet;
4.4Lots in Bridgecreek adjacent to the Springmill Road Bufferyard south of the
Spring Lake Estates Perimeter shall total a minimum of 12,000 square feet when
combined with Open Space between the Lot and the Springmill Road Bufferyard;
and
4.5Lots along the District's southwestern property line within the hatched areas
shown on the Conceptual Plan shall have a minimum Lot size of 30,000 square
feet.
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EXHIBIT L
Conditions to Enactment of Ordinance Z-553-11
Section 5.Bulk Standards
. The following shall apply:
Min. Dwelling
Minimum LotMinimum Yard Setbacks
Unit Size
(SF)
PlanningMax. Lot
Area Coverage
StreetSide
Area
1
WidthFrontRear1-story 2-story
Frontage(Aggregate)
(SF)
2
The Estates 100' 15,000 50' 40' 10'(30') 20' 2,400 3,000 35%
70'8,40035'25'5' (15')20'1,800 2,200 45%
2
Creekside90'11,70045'25'5' (25')20'2,000 2,500 35%
55' 6,600 30' 25' 5' (10') 20' 1,600 2,000 50%
55'6,60030'25'5' (10')20'1,600 2,000
Bridgecreek 50%
65'7,75035'25'5' (10')1,600 2,000
20'
Village
Same standards as Bridgecreek.
Neighborhood
(detached)
Village
0' 5' 20' 10' 1,000 75%
Neighborhood
(attached)
Section 6.Detached Dwellings in Village Neighborhood.
The standards applicable to
Dwellings within Bridgecreek shall apply to single-family detached Dwellings
located within the Village Neighborhood.
Section 7.Two-Family Dwellings
. Two-Family Dwellings shall be permitted only within
the Village Neighborhood.
Section 8.Definitions.
The following definitions shall be added:
8.1Flats: A Condominium where the entire Dwelling Unit is contained on a single
floor.
8.2Historical Architectural Style: Shall mean and refer to such styles including, but
not limited to: (i) Victorian; (ii) Cape Cod; (iii) Craftsman; (iv) Traditional
Farmhouse; (v) French Country; or (vi) homes with various exterior architectural
elements, taken from the foregoing, to create more recent or modern versions of
the foregoing. The Department shall have the authority to determine whether a
specific house plan qualifies as a Historical Architectural Style.
1
The following front yard setbacks shall apply for: (i) Dwellings w/ rear load garages, 10'; and (ii) Dwellings w/
courtyard garages, 20'.
2
Perimeter lots within the hatched areas shown on the Conceptual Plan shall also be subject to the following: (i)
minimum Rear Lot Line width of 120’; and (ii) minimum Lot depth of 180’. Perimeter lots within the cross-
hatched areas shown on the Conceptual Plan shall also be subject to the following: (i) Minimum Lot Line width
of 140’; and (ii) minimum lot depth of 160’.
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Conditions to Enactment of Ordinance Z-553-11
8.3Masonry: Brick, limestone, natural stone, cultured stone, or other similar building
material or a combination of the same, bonded together with mortar to form a
wall, buttress or similar mass.
Section 9.Owners Association(s) Reserve Fund
. The Owners Association(s) shall
establish and maintain a reserve account separate from its operating account to
fund replacement and repair of common area improvements (e.g., pools,
community buildings, furniture, pathways, entry monuments, wall, fencing,
landscaping) and the Declaration(s) of Covenants shall provide the funding
mechanisms through homeowner dues, assessments or other means to adequately
fund the projected repair and replacement costs over time based upon the
expected useful life of all major common improvements.
Section 10.The Commons Lots
. The Commons Lots provisions (as referenced in Section
14.26 and Section 6.1 of the Ordinance) are hereby deleted.
Section 11.Future Bridgecreek Bufferyard
. A commitment shall be recorded against the
twenty-one (21) acres south of the Village Neighborhood owned by the Developer
to provide that if a rezoning is sought for the twenty-one (21) acres, then
landscape bufferyards shall be provided along the Village Neighborhood
perimeter congruent with the twenty-one (21) acres in accordance with the Zoning
Ordinance unless otherwise approved by the Council.
Section 12.Zoning Waiver
. Section 16.2 Zoning Waiver of the Ordinance is hereby deleted.
Section 13.Road Improvement Commitment
. The following are imposed and are in full
satisfaction of all obligations specified in Section 2.09 of the Zoning Ordinance,
as amended:
13.1Contribution. As a condition to the recording of a Secondary Plat for any section
of the Real Estate, the Developer shall be required to pay to the City a sum of
money equal to $523.50 multiplied by the greater of (i) the number of acres to be
platted in the secondary plat or (ii) fifty (50) acres, whichever is greater; provided,
however, that the sum of all such payments shall equal but not exceed $147,150
(the "Road Contribution"), which equals five hundred and twenty-three dollars
and fifty cents ($523.50) per acre multiplied by two hundred and eighty one and
one-tenths (281.1) acres. The Road Contribution shall be used by the City only
for those improvements set forth in the Traffic Impact Analysis prepared by A &
F Engineering Co., LLC dated June 2011 (the “TIA”) and filed in connection with
the consideration and enactment of the Ordinance and for improvements to the
th
116 Street and Illinois Street intersection.
13.2Additional Improvements. The Developer shall make or cause to be made the
following improvements.
A.Improvements to the three (3) entrances off Springmill Road into the Real
Estate comprising of a passing blister, when needed, and acceleration and
deceleration lanes.
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Conditions to Enactment of Ordinance Z-553-11
B.Improvements to the two (2) entrances off Clay Center Road into the Real
Estate comprising of acceleration and deceleration lanes.
C.Dedicate all right-of-way to the City for Springmill Road and Clay Center
Road, as required per the City Thoroughfare Plan, as part of the recording
of each of the District's Secondary Plats at no cost to the City.
D.Construct a minimum ten (10) foot wide Side Path along the Real Estate's
perimeter within the Springmill Road and Clay Center Road rights-of-
way, unless otherwise approved by the City.
E.Whenever any improvement specified above in Section 13.2(A) and (B)
are not located upon the Real Estate, the Developer’s obligation hereunder
to effect said improvement shall be contingent upon the acquisition by the
City of such other necessary real estate.
13.3Credit. If the Developer makes any road improvements set forth in the TIA or as
required by the City’s Thoroughfare Plan, other than those specified in Section
13.2 above, the Developer shall be entitled to a credit against the contributions
specified in Section 13.1 in an amount equal to the cost to Developer of such
improvements.
13.4All Inclusive. Other than as specified in Sections 13.1, 13.2 and 13.3 above,
neither the Developer, nor the Developer’s successors and assigns, nor any owner,
user or contract purchaser of the Real Estate shall be required to pay any fees or to
make any improvements, contributions or dedications for road improvements, in
connection with this or any subsequent approvals for the Real Estate.
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