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HomeMy WebLinkAboutPUD Main Clean Version with Exhibits 2012-12-03SPONSORS: Councilors and ORDINANCE Z- -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ESTABLISHING THE HADLEY GROVE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel /Clay Zoning Ordinance Z -289 (the "Zoning Ordinance "), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. §36 -7 -4 -1500 et seq.; and WHEREAS, the Plan Commission has given a positive recommendation to this PUD district ordinance (the "Hadley Grove Ordinance ") which establishes Hadley Grove Planned Unit Development District ( "the Hadley Grove District" or "District ") with respect to the real estate legally described in what is attached hereto and incorporated herein by reference as Exhibit 1 (the "Real Estate "). NOW, THEREAFORE, BE IT ORDAINED by the Council, that (i) pursuant to I.C. §36 -7 -4- 1500 et seq., it adopts the Hadley Grove Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Hadley Grove Ordinance and its exhibits are hereby inapplicable to the use and development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Hadley Grove Ordinance, and (iv) this Hadley Grove Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as Hadley Grove District. The requirements of the Hadley Grove Ordinance shall run with the land, be binding on the Developer of the Real Estate, subsequent owners of the Real Estate, and other persons acquiring an interest therein. Section 1.2 Development in the Hadley Grove District shall be governed entirely by (i) the provisions of this Hadley Grove Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in the Hadley Grove Ordinance. In the event of a conflict or inconsistency between this Hadley Grove Ordinance and the Zoning Ordinance, the provisions of this Hadley Grove Ordinance shall apply. Page 1 of 16 Section 1.3 Any capitalized term not defined in Section 2 of this Hadley Grove PUD shall have the meaning as set forth in the Zoning Ordinance. Section 1.4 All violations of this Hadley Grove Ordinance shall be subject to Section 34.0 of the Zoning Ordinance. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Hadley Grove Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. Section 2.2 Definitions. The following definition shall apply throughout this Hadley Grove Ordinance: Accessory Structure: A structure which is subordinate to a Dwelling or use located on the Real Estate and which is not used for permanent human occupancy. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Dwelling as the main use, and incidental to the main use. Aggregate Side Yard: The sum of the widths of the two (2) side yards located on one (1) lot. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip and gambrel roofs. BZA: The City's Board of Zoning Appeals. City: The City of Carmel, Indiana. Page 2 of 16 Commission: The Carmel Plan Commission. Concept Plan/Primary Plat: The Concept Plan/Primary Plat attached hereto and incorporated herein by reference as Exhibit 2 which is the primary plat of the Real Estate. Controlling Developer: Shall mean M/I Homes of Indiana LP until such time as M/I Homes of Indiana LP transfers or assigns, in writing, its rights as Controlling Developer. Such Rights may be transferred by the Controlling Developer, in its sole discretion, in whole or in part. To transfer all or any portion of its rights as Controlling Developer, M/I Homes of Indiana LP may (i) name each individual owner of parcels within the Real Estate as Controlling Developer solely with respect to such parcels owned by each such individual owner, (ii) establish a committee of individual owners of the Real Estate within the Real Estate to act as a Controlling Developer with respect to such parcels owned by all such owners, or (iii) use either method described in (i) and (ii) above with respect to different portions of the Real Estate. Council: The City Council of Carmel, Indiana. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions applicable to the Real Estate, or any portion thereof, which shall be prepared and recorded by the Controlling Developer in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Department: The Department of Community Services of the City of Carmel, Indiana. Development Requirements: Development standards and any requirements specified in this Hadley Grove Ordinance. Director: Director, or Administrator, of the Department "Director" and "Administrator" shall include his /her authorized representatives. Dwelling: A detached single family residence. Front Loaded Garage: A garage where the garage door is parallel both to the primary front facade of a Dwelling and to the street in front of the primary front facade of the Dwelling. Page 3 of 16 Masonry: Brick, stone, manufactured or synthetic stone, and stucco. Open Space: Open space shall comprise a parcel or parcels of land, areas of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designed by the Controlling Developer for the use and enjoyment of some or all of the residents of the Hadley Grove District. Except as otherwise provided herein, open space does not include any area which is divided into building lots or streets. Open Space shall be in the areas identified on the Concept Plan/Primary Plat Exhibit 2. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Primary Roof: The roof on a Dwelling which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit 1, and comprising 30.10 acres, more or less. Sign: Any type of sign as further defined and regulated by this Hadley Grove Ordinance and the Sign Ordinance, contained within the Zoning Ordinance. Zone Map: The City's official Zone Map Corresponding to the Zoning Ordinance. Zoning Ordinance: The Zoning Ordinance, Ordinance Z -289, of the City of Carmel, Hamilton County, Indiana, as amended. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Hadley Grove District unless prohibited in the Declaration(s) of Covenants; provided, however, that any detached accessory building shall have on all sides the same level of architectural features and shall be architecturally compatible with the principal building(s) with which it is associated. All Accessory Structures and Accessory Uses shall be subject to the provisions to Chapter 25.01 of the Zoning Ordinance. Section 4. Development and Architectural Standards. Section 4.1 The Real Estate shall develop in a manner substantially similar to the layout shown in Exhibit 2 (Concept Plan/Primary Plat). Page 4 of 16 Section 4.2 The development standards applicable to the Real Estate are as follows: A. Minimum Lot Width at Building Line: Eighty -five (85) feet. B. Minimum Lot Area: Eleven Thousand Fifty (11,050) square feet. C. Minimum Lot Frontage at Street: Fifty (50) feet. D. Minimum Front Yard Setback: Twenty -five (25) feet. E. Minimum Side Yard Setback: Five (5) feet. F. Minimum Aggregate Side Yard Setback: Twenty (20) feet. G. Minimum Separation Between Dwellings: Twenty (20) feet. H. Minimum Rear Yard Setback: Twenty (20) feet. I. Maximum Building Height at the Mean of the Roof_ Thirty -five (35) feet. J. Minimum Square Footage of Home (exclusive of porches, terraces, and garages: Two thousand two hundred (2,200) square feet. K. Maximum Lot Coverage: Forty -five percent (45) of lot. L. Home Orientation_ All Dwellings within the subdivision shall face and derive access from the local roads internal to the site. Section 4.3 The architectural standards applicable to all Dwellings are as follows: A. Permitted Building Materials: Masonry, Wood, Cementitious Board, Synthenic Stucco, and EIFS. EIFS shall not be used within eight (8) feet of ground level. B. Required Window Openings: Two (2) per level, per facade provided, however, that (i) windows shall not be required on the sides of front loaded garages, and (ii) a vent may be substituted for a window on a gable. All windows shall be fully framed and trimmed. C. Garage Type: Garages may be attached to or detached from the Dwelling. Front loading garages must be recessed at least four feet (4') back from the primary Page 5 of 16 front facade of the Dwelling. A maximum of two garage bays may be front loaded. All other garage bays shall be court loaded or side loaded. Front loading garages shall not extend more than forty percent (40 %) of the front facade. D. Chimneys: Chimneys shall be stone, brick, or synthetic stone /brick, only and extend fully to ground provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board, synthetic stucco, and/or EIFS as their exterior building material. Direct vent gas fireplaces are not required to have chimneys. E. Porch: At least six feet (6') deep with consistent materials /design with Dwelling. Porches are not required on all Dwellings. If no porch is provided, the entryway shall be covered with a minimum area of sixteen (16) square foot and deep enough to provide shelter at the front door, as well as provide an appropriate and adequate level of detail. F. Roofline: Primary Roof shall have a minimum 6/12 pitch and twelve inch (12 ") overhang after installation of siding. In order to permit diversity in architectural style, this requirement shall apply only to a majority of residences. G. Fences: Fences shall not be chain -link or coated chain -link. H. Architectural Diversity: All Dwellings shall comply with the Home Mix Guidelines in Exhibit 3. Section 4.4 The applicable character illustrations, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit 4. When a side load garage is used, the area of the front elevation occupied by the garage door shall be replaced by siding materials and two windows with design and detailing harmonious with the other design elements on the front elevation. Section 5. Open Space. Open space shall be in the areas identified on the Concept Plan/Primary Plat Exhibit 2. Section 5.1 The 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. Section 5.2 A minimum of 11 acres or 35% of the District shall be allocated to Open Space as conceptually illustrated on the Open Space Plan. Page 6of16 Section 5.3 Tree Preservation Areas. The District's Natural Open Space shall include Tree Preservation Areas. Tree Preservation Areas shall be delineated as part of a Preliminary Plat 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 after the application of herbicide treatment after the removal of invasive species to prevent from growing back should occur, then such applications shall 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 -133.1 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. (iii) Removal of trees directed to be removed by municipal, county, state or federal authority. (iv) Installation of access easements, right -of -way, street, 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 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. Page 7of16 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 5.3(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 of 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. (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: Page 8of16 (a) Removal of trees that are 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 6. Landscaping Requirements. The landscaping in the Hadley Grove District shall be specified in Exhibit 5 (the Landscape Plan). Section 6.1. Landscaping shall be in accordance with the following: A. General Landscaping (Section 6.2) B. Street Trees (Section 6.3) C. Foundation and Lot Plantings (Section 6.6) Section 6.2. General Landscaping Standards. Landscaping shall be integrated, where appropriate, with other functional and ornamental site design elements (e.g. hardscape materials, entryway monumentation, paths, sidewalks, fencing, or water features). A. Landscaping should be designed with repetition, structured patterns, and complementary textures and colors. Alternate or pervious paving materials or alternative planting media is permitted where planting space is limited or where otherwise warranted by the site design. B. All plantings to be used in accordance with any landscaping requirement of this Ordinance shall meet the following specifications: (i) All trees, shrubs and ground covers shall be planted according to the American Standard for Nursery Stock (ANSI Z60.1) and following the standards, including planting details, provided by the City's Urban Forester. Landscaping materials shall be appropriate to local growing and climatic conditions. (ii) Shade trees shall be a minimum of two and one half (2.5) inches caliper at planting. Page 9 of 16 (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 the 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. (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 the Secondary Plat and construction plans shall be installed, weather permitting, prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall request a temporary Certificate of Occupancy prior to the issuance of the Final Certificate of Occupancy, which shall be conditioned upon a determined time to complete the installation of the uninstalled landscape material. E. All landscaping approved as part of the Secondary Plat and construction plans may not later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, minor material altercations 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 Page 10 of 16 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. Section 6.3. Street 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. B. Street trees species shall be selected from the City's published list of recommended street trees and shall be planted a minimum of twenty -five (25) feet and a maximum of fifty (50) feet on center. C. 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. Section 6.4. Perimeter Landscaping Adjacent to Public Right -of -Way. Perimeter landscaping along the perimeter abutting rights -of -way shall be provided pursuant to this section. Perimeter landscaping shall not be planted within the public right -of -way. Perimeter landscaping shall be pursuant to Chapter 26.04 of the Zoning Ordinance. A Type D Bufferyard shall be provided with a minimum yard width of 20 feet and a three (3) foot high mound a minimum of 60 percent of the length of the required bufferyard. The bufferyard shall be planted with a minimum of five (5) shade trees, five (5) ornamental trees, and 27 shrubs per one hundred linear foot increment. Evergreen trees may substitute in lieu of shrubbery on a 1:3 basis (one (1) conifer equals three (3) shrubs.) Landscaping within adjacent Common Areas and existing Tree Preservation Areas may be used toward the bufferyard requirement as approved by the Urban Forester. Section 6.5. Perimeter Landscaping Not Adjacent to Public Right -of -Way. The bufferyard types shall be pursuant to Chapter 26.04 of the Zoning Ordinance. A Type B Bufferyard shall be provided with a minimum yard width of ten (10) feet. The bufferyard shall be planted with a minimum of three (3) shade trees, three (3) ornamental trees, and 15 shrubs per one hundred linear foot increment. Evergreen trees may substitute in lieu of shrubbery on a 1:3 basis (one (1) conifer equals three (3) shrubs.) No bufferyard planting will be required in Common Areas or Lots that abut a common area with a pond on the neighboring property. Page 11 of 16 Section 6.6. Foundation 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. (iii) Blend architectural designs with the landscape design. Landscaping shall be designed to appropriately complement a Building's use, set back, 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) All lots shall be required to plant two (2) trees in the front yard. If there is not sufficient area for both trees to be placed in the front yard, then one of the required trees may be planted in a side yard as approved by Urban Forester. (ii) 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. Section 7. Permitted Uses and Maximum Unit Limitation. Only Single Family Dwellings, Model Homes, and residential accessory structures permitted by the Zoning Ordinance shall be permitted within the District. The total number of Dwellings shall not exceed thirty -eight (38). Section 8. Homeowners Association and Declaration of Covenants. Declarations of Covenant(s) shall be prepared by the Controlling Developer and recorded with the Recorder of Hamilton County, Indiana. Page 12 of 16 Section 9. Approval Process. Section 9.1. Approval or Denial of the Primary Plat /Development Plan. A. Concept Plan/Primary Plat. The Concept Plan/Primary Plat has been reviewed and approved by the Commission, and constitutes the approved primary plat and, as such, the Developer shall not be required to return the Commission for primary plat approval. B. Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Director' s approval of a Secondary Plat that is in substantial conformance with the Concept Plan/Primary Plat and is in conformance with the Development Requirements of this Hadley Grove Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Commission. Section 9.2. Modification of Development Requirements. A. Changes that shall require amendment of this Hadley Grove Ordinance through the standard rezone process include changes that alter the concept or intent of the PUD including: (i) Increases in density or intensity; (ii) Changes in the proportion or allocation of land uses; (iii) Changes in the list of approved uses; (iv) Changes in the locations of uses; and/or (v) Changes in the functional uses of open space, where such change constitutes an intensification of use of the open space. B. Modification of the Development Requirements, requested by the Controlling Developer, may be approved the Plan Commission or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which denies any requested modification may be appealed by the party requesting Page 13 of 16 approval to the Commission, also in accordance with the Commission's Rules of Procedure. C. Any proposed modification of the Development Requirement shall comply with the following guidelines: (i) The modification shall be in harmony with the purpose and intent of this Hadley Grove Ordinance. (ii) The modification shall not have an adverse impact on the physical, visual, or spatial characteristics of the Hadley Grove District. (iii) The modification shall not have an adverse impact on the streetscape and neighborhood or abutting properties. (iv) The modification shall not result in configurations of lots or street systems which shall be unreasonable or detract materially from appearance of Hadley Grove District. (v) The minimum standards regarding lot size, rear yard setbacks, size and number of bufferyard plantings, and acres of Open Space shall not be reduced below the requirements of this Hadley Grove Ordinance. (vi) The permitted uses and maximum number of Dwellings shall not be increased above the limits specified in this Hadley Grove Ordinance. D. When applying the Development Requirements, the commission shall carefully weigh the specific circumstances surrounding the modification petition and strive for development solutions that promote the spirit, intent and purposes of this Hadley Grove Ordinance. E. If the Commission (or its designated committee) determines that the proposed modification will not have an adverse impact on development in Hadley Grove District or the abutting properties, it shall grant a modification of the Development Requirements. In granting modifications, the Commission may impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of the Hadley Grove Ordinance. Section 10. Controlling Developer's Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and Page 14 of 16 by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer. A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any signs within the Real Estate; C. Building permits for any buildings within the Real Estate; D. Secondary plat approval for any part of the Real Estate; and E. Any text amendments or other variations to the terms and conditions of this Hadley Grove Ordinance. Section 11. Signage. A monument sign as depicted in Exhibit 6 will be constructed at the entrance to the District from Main Street (formerly 131st Street) as approved by the Director. Illumination of said sign shall be from a source external to such signage and shall meet the requirements of Article 25.07 of the Zoning Ordinance. PASSED by the Common Council of City of Carmel, Indiana this day of 2013, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Snyder Page 15 of 16 ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2013, at .M. Diana L. Cordray, IAMC, Clerk- Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2013, at .M. ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer James Brainard, Mayor This Instrument prepared by: Bryan D. Stumpf, 7378 N 550 E, Lebanon, IN 46052 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Bryan D. Stumpf Page 16 of 16 EXHIBIT 1 LEGAL DESCRIPTION Part of the Southeast Quarter of the Northeast Quarter of Section 29, Township 18 North, Range 3 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana, described as follows: BEGINNING at the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 29, Township 18 North, Range 3 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana; thence South 89 degrees 36 minutes 49 seconds West {basis of bearing is North 00 degrees 26 minutes 00 seconds East (NAD83 Indiana Slate Plane Coordinates — East Zone] on the East line of said Northeast Quarter) a distance of 1328.16 feet on the South line of the Southeast Quarter of said Northeast Quarter to the Southwest corner of the Southeast Quarter of said Northeast Quarter; thence North 00 degrees 10 minutes 12 seconds East 985.66 feet on the West line of the Southeast Quarter of said Northeast Quarter to the North line of the real estate described in Instrument No. 2012017794 in the Office of the Recorder of Hamilton County; thence North 89 degrees 36 minutes 47 seconds East 1332.68 feet on the North line of the real estate described in said Instrument No. 2012017794 to the East line of said Northeast Quarter; thence South 00 degrees 26 minutes 00 seconds West 985.72 feet on the East line of said Northeast Quarter to the BEGINNING POINT, containing 30.103 acres, more or Iess. Page 1 of 1 EXHIBIT 3 HOME MIX GUIDELINES These guidelines are set at the sole discretion of M/I Homes and may be modified by M/I Homes at any time, without notice: (1) No duplication of the same plan is permitted on sites next to each other in either direction or directly across the street. (2) No duplication of elevation is permitted within two sites on the same side of the street, or on the three sites across the street. (3) No duplication of colors (brick, siding, and front door in combination) on the two closest sites in any direction or on the three sites across the street. Home mix guidelines are established to generally depict a normal ratio and frequency of individual plans, elevations and color schemes. Due to the significant diversity that exists with stylized exteriors, the variability of floor plan options, porch elevations, different massing and exterior finishes, M/I Homes reserves the right to modify these guidelines on an individual subjective basis at its sole discretion. 1 Elevation 2 Color Elevation 3 Plan Color Elevation 4 Plan Color Elevation 5 Plan Color Elevation 6 Color 7 street 8 9 Elevation 10 Color Elevation 11 Plan Color Elevation 12 Color 13 14 EXHIBIT 4 ARCHITECTURAL CHARACTER OF HOMES