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HomeMy WebLinkAboutPUD, Ordinance with Exhibit 14A PLANNED UNIT DEVELOPMENT DISTRICT CARMEL, INDIANA ORDINANCE Z-553-11 WORKING PUD ORDINANCE THE SILVARA PUD ORDINANCE WAS APPROVED BY THE COMMON COUNCIL OF CARMEL WITH CERTAIN CONDITIONS, WHICH WERE SET FORTH AS EXHIBIT L TO THE PUD ORDINANCE. FOR EASE OF USE, THIS WORKING VERSION OF THE PUD ORDINANCE INCORPORATES THOSE CONDITIONS INTO THE BODY OF THE PUD ORDINANCE AND SHOULD BE USED FOR EASE OF APPLICATION ONLY AND NOT AS AN OFFICIAL REFERENCE OF THE APPROVED ORDINANCE. THE ADDED TEXT IS SHOWN IN RED AND THE DELETED OR MODIFIED TEXT IS SHOWN IN BLUE. Sponsors: Councilor Rider Councilor Griffiths Councilor Seidensticker A PLANNED UNIT DEVELOPMENT DISTRICT CARMEL, INDIANA ORDINANCE Z-553-11 10.28.11Silvara1 Version | Page | 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 . ___________________________________________ 109 Section 7.Architectural and Design Standards. ___________________________________ 1110 Section 8.Signage. ___________________________________________________________ 1310 Section 9.Lighting. ___________________________________________________________ 1310 Section 10.Parking and Loading. ________________________________________________ 1311 Section 11.Landscaping. _______________________________________________________ 1412 Section 12.Open Space. ________________________________________________________ 2118 Section 13.Pedestrian and Bicycle Connectivity. ___________________________________ 2320 Section 14.Infrastructure and Environmental Standards. ___________________________ 2421 Section 15.Owners' Association and Declaration(s) of Covenants. _____________________3026 Section 16.Development Plan Approval . __________________________________________ 3026 Section 17.Violations and Enforcement. __________________________________________ 3228 Section 18.Adoption. __________________________________________________________ 3329 Section 19.Schedule of Exhibits. _________________________________________________ 3531 2Silvara10.28.11 Page | Version | 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. 10.28.11Silvara3 Version | Page | 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. 4Silvara10.28.11 Page | Version | 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. 2.17Flats: A Condominium where the entire Dwelling Unit is contained on a single floor. 2.18Historical 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. 2.172.19Lane, 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. 2.20Masonry: 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. 2.182.21Open 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, 10.28.11Silvara5 Version | Page | 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. 2.192.22Open Space, Agricultural: Land areas set aside as Open Space for agricultural uses, including pastureland. 2.202.23Open Space, Designed: Land areas set aside as Open Space, other than Agricultural and Natural Open Space. 2.212.24Open 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. 2.222.25Open Space Plan: The plan attached hereto and incorporated herein by reference Exhibit D as. 2.232.26Owners Association(s): An association of owners as established by the Declaration(s) of Covenants. 2.242.27Planning 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%). 2.252.28Planning Area Map: The map attached hereto and incorporated herein by Exhibit B reference as . 2.262.29Subdivision 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. 6Silvara10.28.11 Page | Version | 2.272.30Transportation 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. 2.282.31Tree 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. 2.292.32Use, 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. 2.302.33Use, Residential: A Use identified in the Use Table under the heading of Residential Uses. 2.312.34Use Table: The table attached hereto and incorporated herein by reference as Exhibit F identifying the Uses permitted within each Planning Area. 2.322.35Williams 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. 2.332.36Woodlands: 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. 2.342.37Zoning Map: The City's official zoning map adopted by reference in the Zoning Ordinance. 2.352.38Zoning 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. 10.28.11Silvara7 Version | Page | 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. 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. 8Silvara10.28.11 Page | Version | 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. 10.28.11Silvara9 Version | Page | 6.2Maximum Residential Densities. The total number of Dwellings permitted in the District shall not exceed six hundred and five (605)four hundred and twenty-two (422) without an amendment to this Ordinance. The density in each Planning Area shall not exceed the established Maximum Density without an amendment to this Ordinance. Perimeter Lots 6.3. As identified and labeled on the attached Exhibit L, there shall be a maximum of: A.Eight (8) Lots adjacent to the Claybridge Perimeter, each with a minimum Lot size of 30,000 square feet; B.Six (6) Lots adjacent to the Springmill Streams Perimeter, each with a minimum Lot size of 30,000 square feet; C.Eight (8) Lots along the Spring Lake Estates Perimeter, each with a minimum Lot size of 12,000 square feet; D.Lots 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 E.Lots 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. 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. The standards applicable to Dwellings within Bridgecreek shall apply to single-family detached Dwellings located within the Village Neighborhood. 11Silvara10.28.11 Page | Version | 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. 7.5Additional Empty-Nester Standards. A.The Universal Design features set forth in this Section shall apply to the following: (i)All detached single-family Dwellings on a Lot with a Lot Width of less than seventy (70) feet in the District; (ii)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 (iii)All Attached Residential Buildings. B.Either the master bedroom on the first floor of the Dwelling Unit, or one (1) of the following: (i)A flex room that can be converted into a bedroom on the first floor, and a full bathroom on the first floor; (ii)An elevator; (iii)Stacked closets on the first and second floor pre-framed to accommodate an elevator; or (iv)A forty-eight (48) inch wide stairway that permits installation of a lift chair. C.The Owners' Association(s) shall provide for lawn mowing and lawn maintenance services on individual Lots. D.Minimum thirty-six (36) inch wide hallways. E.Minimum 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. F.Master bathroom walls blocked to provide for installation of grab bars. G.Master bathrooms with the shower stall separate from the tub (if a tub is installed). H.Hand rails near stairs. 12Silvara10.28.11 Page | Version | I.Either a no-step entry or an entry designed for the addition of a handicap ramp in the future without major reconstruction. J.All 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 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. 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. 10.28.11Silvara13 Version | Page | 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. 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). 14Silvara10.28.11 Page | Version | 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). 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. 10.28.11Silvara15 Version | Page | 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. 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. 16Silvara10.28.11 Page | Version | 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. 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. 10.28.11Silvara17 Version | Page | 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. E.Future Village Neighborhood 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. 18Silvara10.28.11 Page | Version | 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. 10.28.11Silvara19 Version | Page | (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. 20Silvara10.28.11 Page | Version | 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. 10.28.11Silvara21 Version | Page | (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. 22Silvara10.28.11 Page | Version | (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. 10.28.11Silvara23 Version | Page | 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 (see Section 14.2(A) below, which are in full satisfaction of all obligations specified in Section 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. Road Improvement Commitment A.. The following are imposed and are in full satisfaction of all obligations specified in Section 2.09 of the Zoning Ordinance, as amended: 24Silvara10.28.11 Page | Version | (i)Contribution. 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 th Ordinance and for improvements to the 116 Street and Illinois Street intersection. (ii)Additional 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. (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 14.2(A)(ii)(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. (iii)Credit. 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 14.2(A)(ii) above, the Developer shall be entitled to a credit against the contributions specified in Section 14.2(A)(i) in an amount equal to the cost to Developer of such improvements. (iv)All Inclusive. Other than as specified in Sections 14.2(A)(i), 14.2(A)(ii), and 14.2(A)(iii) above, neither the Developer, nor the Developer’s 10.28.11Silvara25 Version | Page | 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. 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. 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. 26Silvara10.28.11 Page | Version | 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. 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. 10.28.11Silvara27 Version | Page | 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. 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. 28Silvara10.28.11 Page | Version | (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: (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) footlandscape 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 LotLine 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. 10.28.11Silvara29 Version | Page | 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. Owners Association(s) Reserve Fund 15.5. 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 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. 30Silvara10.28.11 Page | Version | 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. 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. 10.28.11Silvara31 Version | Page | 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. 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW.] 32Silvara10.28.11 Page | Version | Section 18.Adoption. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Z-553-11 PASSED by the Common Council of the City of Carmel, Indiana, this __________ day of , 20 , by a vote of ______ ayes and _______ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths W. Eric Seidensticker, President Pro Tempore Kevin D. Rider John V. Accetturo Richard L. Sharp Ronald E. Carter Luci Snyder ATTEST Diana L. Cordray, IAMC, Clerk Treasurer 10.28.11Silvara33 Version | Page | Presented by me to the Mayor of the City of Carmel, Indiana this day of , 20 , at .M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana this day of , 20 , at .M. James Brainard, Mayor ATTEST Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Steven D. Hardin, Esq. and Jesse M. Pohlman, Land Use Consultant, Baker & Daniels, LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240. 34Silvara10.28.11 Page | Version | Section 19.Schedule of Exhibits. Exhibit A Real Estate Exhibit B Planning Area Map Exhibit C Conceptual Plan Exhibit D Open Space Plan Exhibit E Connectivity Plan Exhibit F Use Table Exhibit G The Estates and Creekside Architectural Standards Exhibit H Bridgecreek Architectural Standards Exhibit I Village Neighborhood Architectural Standards Exhibit J Empty-Nester / Active Adult Standards Exhibit K Character Exhibits Exhibit L Perimeter Lot Exhibit 10.28.11Silvara35 Version | Page | 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 36 Silvara | Exhibits10.28.11 Page | Version | 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 37 10.28.11Silvara | Exhibits Version | Page | SSSSSSSSSSSSSSSSSS SSSSSSSSSSSS SSSSSSSSSSSSSSSSSS SSSSSSSSSSSS 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 42 Silvara | Exhibits10.28.11 Page | Version | 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) 43 10.28.11Silvara | Exhibits Version | Page | 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 44 Silvara | Exhibits10.28.11 Page | Version | 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. 45 10.28.11Silvara | Exhibits Version | Page | 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). 46 Silvara | Exhibits10.28.11 Page | Version | 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. Masonry Requirements 2.1. The following shall apply: 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 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. 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. 47 10.28.11Silvara | Exhibits Version | Page | EXHIBIT G | THE ESTATES AND CREEKSIDE ARCHITECTURAL & DESIGN STANDARDS 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 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). All front loading garage doors shall: (i) be insulated or solid; (ii) have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware); and (iii) be painted to match the Dwelling's trim or siding color. 48 Silvara | Exhibits10.28.11 Page | Version | EXHIBIT G | THE ESTATES AND CREEKSIDE ARCHITECTURAL & DESIGN STANDARDS 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 shallbe 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. 7.3Porchesshould shallbe at least four (4) feet deep, where used, to allow sufficient room for furniture. 7.4Porches & entryways shouldshall be in scale with the rest of the house, and shouldshallbe 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). Section 10.Corner Breaks. 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. 49 10.28.11Silvara | Exhibits Version | Page | 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. Masonry Requirements 2.1. The following shall apply: 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 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. C.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. D.All exterior chimneys shall be constructed of Masonry. This does not apply to direct vent or interior fireplaces which protrude through the roof. 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 50 Silvara | Exhibits10.28.11 Page | Version | EXHIBIT H | BRIDGECREEK ARCHITECTURAL & DESIGN STANDARDS 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 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 shouldshall have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware). All front loading garage doors shall: (i) be insulated or solid; (ii) have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware); and (iii) be painted to match the Dwelling's trim or siding color. 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. 51 10.28.11Silvara | Exhibits Version | Page | EXHIBIT H | BRIDGECREEK ARCHITECTURAL & DESIGN STANDARDS Section 7.Entryways & Porches. 7.1Porches and/or entryways shall be clearly defined and should shallbe 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. 7.3Porchesshould shallbe at least four (4) feet deep, where used, to allow sufficient room for furniture. 7.4Porches & entryways shouldshall be in scale with the rest of the house, and shouldshallbe 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). Section 9.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 10.Corner Breaks. 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. 52 Silvara | Exhibits10.28.11 Page | Version | 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. 53 10.28.11Silvara | Exhibits Version | Page | 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. 4.1Attached Residential Masonry Requirements. 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). 4.2Detached Residential Masonry Requirements. The following shall apply to all detached single-family Dwellings: 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 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. C.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. D.All exterior chimneys shall be constructed of Masonry. This does not apply to direct vent or interior fireplaces which protrude through the roof. 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. 54 Silvara | Exhibits10.28.11 Page | Version | EXHIBIT I | VILLAGE NEIGHBORHOOD ARCHITECTURAL & DESIGN STANDARDS 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. Section 7.Streetscape Diversity. The following shall apply to 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. Section 8.Garage Placement & Doors. All front loading garage doors shall: (i) be insulated or solid; (ii) have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware); and (iii) be painted to match the Dwelling's trim or siding color. Section 9.Corner Breaks. 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. 55 10.28.11Silvara | Exhibits Version | Page | 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. (See also Section 7.5(B) of this Ordinance.) 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). (See also Section 7.5(C) of this Ordinance.) 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. 56 Silvara | Exhibits10.28.11 Page | Version | 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 (see also Section 7.5(D) and (E) of this Ordinance); 4.2Bathroom walls blocked to provide for installation of grab bars (Note: This standard is now required pursuant to Section 7.5(F) of this Ordinance); 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 (see also Section 7.5(I) of this Ordinance) and master shower with shower chair (see also Section 7.5(G) of this Ordinance); 4.6Security system connected to EMS, fire and police; 4.7Flashing porch light or 911 switch; and 4.8Handrails near stairs (Note: This standard is now required pursuant to Section 7.5(H) of this Ordinance). 57 10.28.11Silvara | Exhibits Version | Page |