Z-631-18 Copperleaf PUD1
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1\12528388.9
Sponsor: Councilor Campbell
CARMEL, INDIANA
Copperleaf
PLANNED UNIT DEVELOPMENT
ORDINANCE Z-631-18
May 21, 2018
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TABLE OF CONTENTS
Page
Section 1.
Applicability of Ordinance..................................................................................2
Section 2.
Definitions and Rules of Construction................................................................2
Exhibit C.
Section 3.
Uses and Accessory Uses......................................................................................4
Anti -Monotony Code
Section 4.
Development and Architectural Standards.........................................................4
Exhibit F.
Section5.
Open Space Requirements...................................................................................7
Open Space Home Elevation Options
Section 6.
Landscape Requirements.....................................................................................9
Section7.
Signage...............................................................................................................13
Section 8.
Miscellaneous Requirements and Standards....................................................13
Section 9.
Development Procedure.....................................................................................14
Section 10.
Controlling Developer's Consent.......................................................................15
Section 11.
Violations and Enforcement..............................................................................15
Section12.
Exhibits...............................................................................................................15
Exhibit A.
Legal Description of Real Estate
Exhibit B.
Development Plan/Primary Plat
Exhibit C.
Architectural Standards
Exhibit D.
Anti -Monotony Code
Exhibit E.
Conceptual Home Elevations
Exhibit F.
Coach Lighting Standard
Exhibit G.
Open Space Home Elevation Options
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66 Sponsor: Councilor Campbell
67
68 ORDINANCE
69
70 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
71 INDIANA, ESTABLISHING THE COPPERLEAF
72 PLANNED UNIT DEVELOPMENT DISTRICT
73
74 Synopsis
75
76 The Ordinance would establish the Copperleaf Planned Unit Development District. The
77 Ordinance would rezone 22.425+/- acres located southwest of the intersection of 131st Street
78 and West Road from the S-1 District zoning classification to a Planned Unit Development
79 District allowing for the development of a 29 lot single family residential neighborhood, which
80 results in a density of approximately 1.29 units per acre. The PUD provides for enhanced
81 architectural and landscaping standards, which includes requirements for all four sides of a
82 home.
83 WHEREAS, Section 31.06.04 of the Carmel/Clay Zoning Ordinance Z-289, as amended
84 and in effect as of December 1, 2017 (the "Zoning Ordinance"), provides for the establishment
85 of a PUD District in accordance with the requirements of IC 36-7-4-1500 et. seq. (the "PUD
86 Statute");
87
88 WHEREAS, Pulte Homes of Indiana, LLC, an Indiana limited liability company
89 ("Pulte"), submitted an application to the Carmel/Clay Plan Commission (the "Plan
90 Commission") to adopt a PUD District Ordinance for certain real estate located in the City of
91 Carmel, Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the "Real
92 Estate"), which application was docketed as 17110014 Z;
93
94 WHEREAS, Pulte's application is consistent with the provisions of the Zoning Ordinance
95 and the PUD Statute;
96
97 WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
98 the Zoning Ordinance, the Plan Commission conducted a public hearing concerning Pulte's
99 application for a PUD District Ordinance on January 16, 2018;
100
101 WHEREAS, the Plan Commission, at its public hearing on April 17, 2018, at 6:00 p.m.,
102 gave a favorable recommendation to the ordinance set forth herein which establishes the
103 Copperleaf Planned Unit Development District (the "Copperleaf District");
104
105 NOW, THEREFORE, be it ordained by the common council of the City of Carmel,
106 Indiana (the "Council"), that pursuant to IC 36-7-4-1500 et. seq., (i) it adopts this ordinance (the
107 "Copperleaf Ordinance") as an amendment to the Zone Map, all prior ordinances or parts thereof
108 inconsistent with any provision of this Copperleaf Ordinance and its exhibits are hereby made
109 inapplicable to the use and development of the Real Estate, and (iii) this Copperleaf Ordinance
110 shall be in full force and effect from and after due passage and signing.
III Section 1. Applicability of Ordinance.
112 Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
113 Unit Development district known as Copperleaf District.
114 Section 1.2 Development in the Copperleaf District shall be governed entirely by (i)
115 the provisions of this Copperleaf Ordinance and its exhibits, and (ii) those provisions of
116 the City of Carmel Unified Development Ordinance, Z-625-17, effective as of January 1,
117 2018. In the event of a discrepancy and/or conflict between the Copperleaf Ordinance
118 and the UDO, the provisions of this Copperleaf Ordinance shall apply. If this
119 Copperleaf Ordinance is silent with respect to a development standard or requirement of
120 the UDO, such development standards and requirements of the UDO not addressed
121 herein, to the extent applicable and not inconsistent with the terms hereof, shall be
122 deemed incorporated herein by this reference.
123 Section 2. Definitions and Rules of Construction.
124 Section 2.1 The following general rules of construction and definitions shall apply to
125 the Copperleaf Ordinance:
126 A. The singular number includes the plural and the plural the singular, unless
127 the context clearly indicates otherwise.
128 B. Any capitalized term not defined herein shall have the meaning as set forth
129 in the UDO in effect on the date of the enactment of this Copperleaf
130 Ordinance.
131 C. Words used in the present tense include the past and future tenses, and the
132 future the present.
133 D. The word "shall" indicates a mandatory requirement, while the word
134 "may" indicates a permissive requirement.
135 Section 2.2 Definitions. Capitalized terms used in this Copperleaf Ordinance shall
136 have the following definitions:
137 A. Anti -Monotony Code: Pulte's Anti -Monotony Code attached hereto as
138 Exhibit D.
139 B. Accessory Structure: A structure which is subordinate to a Dwelling or
140 use located on the Real Estate and which is not used for permanent human
141 occupancy.
142 C. Accessory Use: A use subordinate to the main use, located on the Real
143 Estate or in the same Dwelling as the main use, and incidental to the main
144 use.
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145 D. Architectural Form: The Architectural Form is comprised of the
146 elevations and renderings attached hereto as Exhibit E, and are intended to
147 generally and conceptually illustrate an application of the Development
148 Requirements. Architectural Form is general and not intended to delineate
149 the only final Dwelling designs that may be built. Dwellings shall comply
150 with the Architectural Standards, but may vary.
151 E. Architectural Standards: The Architectural Standards incorporated in
152 Exhibit C as provided in Section 4.3 of this Copperleaf Ordinance.
153 F. Building: A structure having a roof supported by columns and walls, for
154 the shelter, support, or a Dwelling.
155 G. City: The City of Carmel, Indiana.
156 H. Controlling Developer: Shall mean Pulte Homes of Indiana, LLC, until
157 such time as Pulte transfers or assigns, in writing, it rights as Controlling
158 Developer.
159 I. Declaration of Covenants: Declaration of Covenants, Conditions and
160 Restrictions applicable to the Real Estate, or any portion thereof, which
161 shall be prepared by Controlling Developer and recorded in the office of
162 the Recorder of Hamilton County, Indiana. Such Declaration of
163 Covenants, Conditions and Restrictions shall require that all owners of a
164 Lot shall be a member of the HOA; provided, however, that for so long as
165 the access to Lot 29 is from 131" Street, Lot 29 shall not be obligated to
166 pay assessments or comply with the other requirements of the Declaration
167 unless specifically stated that a provision therein applies to Lot 29.
168 J. Conceptual Plan: The conceptual plan attached hereto and incorporated
169 herein by reference as Exhibit B.
170 K. Development Requirements: Written development standards and
171 requirements specified in this Copperleaf Ordinance, which must be
172 satisfied in connection with the approval of a Primary Plat, Secondary Plat
173 and Building Permits.
174 L. Dwelling: A detached single-family residence intended for the occupancy
175 of one family.
176 M. HOA: The home owner's association established by the Declaration of
177 Covenants.
178 N. Lot Coverage: The percentage of a Lot which can be developed
179 (Buildings, principal or accessory; storage areas; driveways, parking lots,
180 patios, sidewalks (excluding those located in rights-of-way) and other
181 accessory Uses).
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182 O. Masonry: Brick, stone, manufactured or synthetic stone or brick,
183 limestone, natural stone, and cultured stone.
184 P. Open Space: Open Space shall comprise a parcel or parcels of land, areas
185 of water, or a combination of land and water, including flood plain and
186 wetland areas, located within the Real Estate and designed by the
187 Controlling Developer. Except as specifically provided for otherwise
188 herein, Open Space does not include any area which is divided into
189 Dwellings, Lots or internal streets. Open Space shall be in the areas
190 identified on the Primary Plat and shall include all areas labeled "Common
191 Area".
192 Q. Plan Commission: The City's Plan Commission.
193 R. Primary Roof The roof on a Dwelling which has the longest ridge line.
194 S. Real Estate: That certain real estate located in the City, Hamilton County,
195 Indiana as legally described on Exhibit A attached hereto.
196 T. Sign: Any type of sign as further defined and regulated by this Copperleaf
197 Ordinance and Section 5.39: Sign Standards of the UDO.
198 U. UDO: The City's Unified Development Ordinance, Z-625-17, effective as
199 of January 1, 2018.
200 V. Zone Map: The City's official Zone Map corresponding to the UDO.
201 W. Any other capitalized term used herein not defined above shall have the
202 meaning ascribed to it in the UDO, unless specifically provided otherwise
203 herein.
204 Section 3. Uses and Accessory Uses.
205 Section 3.1 Single Family Dwellings, Open Space (Common Areas), and any other
206 use permitted under the S-1 District of the UDO shall be permitted in the Copperleaf
207 District.
208 Section 3.2 All Accessory Structures and Accessory Uses allowed under the S-1
209 District of the UDO shall be permitted in the Copperleaf District.
210 Section 3.3 Not more than twenty-nine (29) Dwellings, which results in a density of
211 1.29 Dwellings per acre, shall be constructed on the Real Estate before dedication of any
212 right-of-way. Any right-of-way to be dedicated shall be done prior to the issuance of the
213 first building permit for a home in the Copperleaf District.
214 Section 4. Development and Architectural Standards.
215 Section 4.1 Bulk/Building/Lot Requirements.
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216 A. Minimum Lot Width at Building Line: eighty (80) feet.
217 B. Minimum Lot Width at Right of Way for Lots located along a curve where
218 Building Line is not a straight line: forty (40) feet.
219 C. Minimum Lot Area: Ten Thousand Four Hundred (10,400) square feet
220 D. Minimum Front Yard Setback: Twenty five (25) feet or such greater
221 amount as shown on the Primary Plat.
222 E. Minimum Side Yard Setback: Four (4) feet.
223 F. Minimum Side Yard Aggregate: Nineteen (19) feet.
224 G. Minimum Rear Yard Setback: Twenty-five (25) feet.
225 H. Maximum Lot Coverage: Fifty percent (50%).
226 I. Minimum Separation between Dwellings: Ten (10) feet.
227 1 Maximum Building Height at the mean of the Primary Roof: Forty-five
228 feet (45) feet.
229 K. Minimum Ground Floor Area (exclusive of porches, terraces and garages)
230 (i) for a one (1) story or one and one-half story (loft) Dwelling, shall be
231 two thousand four hundred (2,400) square feet, and (ii) for a two (2) story
232 Dwelling shall be one thousand three hundred (1,300) square feet with a
233 required minimum aggregate of two thousand seven hundred (2,700)
234 square feet excluding basement.
235 Section 4.2 Primary Plat. The Primary Plat has been reviewed and approved by the
236 Plan Commission and constitutes the approved Primary Plat as required by the UDO and
237 this Copperleaf Ordinance. Consequently, the owner or developer of the Real Estate
238 shall not be required to return to the Plan Commission to obtain Primary Plat approval.
239 All Secondary Plats shall be consistent with the approved Primary Plat.
240 Section 4.3 Architectural Standards. The Architectural Standards attached hereto as
241 Exhibit C shall apply to all improvements constructed, installed, repaired or maintained
242 on the Real Estate. The exterior of homes shall be similar to those shown on the
243 conceptual home elevations attached hereto as Exhibit E.
244 Section 4.4 Lot Lighting. All Dwellings shall have two coach lights, which shall both
245 be located on opposite sides of the garage, to provide lighting near the street. The light
246 fixtures shall be consistent and equipped with a photo cell so that the light is on from
247 dusk to dawn. All coach lights shall be consistent with the design specifications attached
248 hereto as Exhibit F.
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249 Section 4.5 Street Lighting. The Controlling Developer shall install street lights in the
250 street right-of-way as shown on the approved Primary Plat. Such street lights shall
251 include LED elements, be installed at all intersections and between intersections at
252 intervals of no greater than four hundred feet (400'), meet all applicable City standards
253 and be reviewed and approved by the City. The Declaration of Covenants shall require
254 that the HOA maintain, at its cost, the street lights.
255 Section 4.6 Parking. Two (2) spaces per dwelling unit are required. Parking Spaces
256 within driveways and within garages shall count towards this requirement. Driveways
257 shall be a minimum of twenty (20) feet in length as measured from the street right -of -
258 way. Parked cars shall not encroach onto or block sidewalks.
259 Section 4.7 Anti -Monotony Code. All homes constructed on Lots within the
260 Copperleaf District shall comply with the rules provided in the Anti -Monotony Code
261 attached hereto as Exhibit D.
262 Section 4.8 Fences. Any fence constructed on the Real Estate shall be a maximum of
263 six (6) feet in height, black and shall be constructed only of wrought iron or aluminum.
264 Fences taller than forty-two inches (42") shall not be installed in front yards, and no
265 fences shall be permitted within any easement without the approval of the Board of
266 Public Works pursuant to Section 6-227(a)(4) of the Carmel City Code.
267 Section 4.9 Lot 29.
268 A. Notwithstanding anything in this Copperleaf Ordinance to the contrary,
269 the following development standards shall apply to Lot 29 as shown on the
270 Primary Plat:
271 i) Minimum Lot Width at Building Line along 131 S` Street: two
272 hundred fifty (250) feet.
273 ii) Minimum Lot Width at Building Line along Copperleaf
274 Boulevard: one hundred (100) feet.
275 iii) Minimum Lot Area: Ninety Thousand (90,000) square feet
276 iv) Minimum Front Yard Setback: Twenty five (25) feet or such
277 greater amount as shown on the Primary Plat.
278 v) Minimum Yard Setback from eastern Lot boundary: Seventy-five
279 (75) feet.
280 vi) Minimum Yard Setback from southern Lot boundary: Twenty-five
281 (25) feet.
282 vii) Maximum Lot Coverage: Fifty percent (50%).
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283 viii) Maximum Building Height at the mean of the Primary Roof:
284 Forty-five feet (45) feet.
285 ix) Minimum Ground Floor Area (exclusive of porches, terraces and
286 garages) (i) for a one (1) story or one and one-half story (loft)
287 Dwelling, shall be two thousand four hundred (2,400) square feet,
288 and (ii) for a two (2) story Dwelling shall be one thousand three
289 hundred (1,300) square feet with a required minimum aggregate of
290 two thousand seven hundred (2,700) square feet excluding
291 basement.
292 B. The architectural standards contained in this Section 4 an on Exhibit C
293 shall not apply to Lot 29. To the extent not provided for in this Section
294 4.9, the development standards that apply to the S-1 District in the UDO
295 shall apply to Lot 29.
296 C. If either (i) the existing home on Lot 29 is substantially destroyed,
297 demolished or removed, or (ii) the City of Carmel prohibits access to Lot
298 29 directly from 131" Street, the only access to a public street shall
299 thereafter be to and from the portion of Copperleaf Boulevard adjacent to
300 Lot 29.
301 Section 5. Open Space Requirements. Open Space is intended to allow for balance
302 between natural areas and the built environment. Open Space shall be under the control and
303 maintenance of the HOA under the Declaration of Covenants or subjected to restricted covenants
304 that are placed of record in the office of the Recorder of Hamilton County, Indiana.
305 Section 5.1 Minimum Open Space Requirement. Not less than 9.0 acres, which is
306 approximately 40% of the Real Estate, before dedication of right-of-way, shall be Open
307 Space.
308 Section 5.2 Location of Open Spaces. Open Spaces shall be provided in the areas
309 identified on the Conceptual Plan attached as Exhibit B and on the approved Primary Plat
310 as "Common Areas" or "Open Space". The HOA shall maintain, at its cost, all Open
311 Spaces.
312 Section 5.3 Tree Preservation. To the extent Open Spaces include any Tree
313 Preservation Areas, as shown on the Primary Plat, such Tree Preservation Areas shall be
314 regulated and well maintained in accordance with the following:
315 A. The following best management practices shall be implemented with
316 respect to any Tree Preservation Areas:
317 i) Removal of exotic and invasive species, e.g., bush honeysuckle, as
318 indicated in the Indiana Exotic and Invasive Plant List provided by
319 the City.
320 ii) Removal of dead, hazardous and at risk trees.
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321 iii) Removal of vines growing on and up a tree.
322 iv) Removal of an overabundance of fallen and cut trees.
323 v) Planting of native trees. (See the Indiana Native Tree List provided
324 by the City.)
325 vi) Direct discharge of surface drainage of storm water from the rear
326 half of any lot that is adjacent to a tree preservation area.
327 vii) Establishment of any access easements, unpaved trails, utility and
328 drainage improvements on the Primary and Secondary Plats.
329 viii) Complete maintenance activities by following industry standard
330 using the current American National Safety Institute (ANSI) Z-133
331 and A-300 approved practices and methods.
332 B. The following activities shall not be permitted in any Tree Preservation
333 Areas:
334 i) Removal of native vegetation, unless dying, dead or diseased.
335 ii) Mowing and clearing any portion of a tree preservation area.
336 iii) Dumping of leaves and debris from outside locations into a tree
337 preservation area.
338 iv) Seeding; including grass seed, prairie mix seed, sod and the
339 planting of any type of garden unless approved by the Urban
340 Forester.
341 v) The construction of pools, sheds, garages, fences, playground
342 equipment, tree houses, fire pits and other permanent or semi -
343 permanent structures unless approved by the Carmel Board of
344 Zoning Appeals.
345 vi) Recreational activities that adversely impact the health, structure
346 and integrity of a tree preservation area, including, playground
347 equipment, basketball or tennis courts and pools.
348 C. The following shall be required for all Tree Preservation Areas:
349 i) Signs identifying the Tree Preservation Area shall be posted every
350 five hundred (500) feet around the perimeter of all Tree
351 Preservation Areas. Such signs shall state "Natural Preservation
352 Area — No mowing or spraying".
353 ii) Barriers shall be installed prior to site development and earth
354 moving activities, which shall be specified on all landscape,
355 construction, demolition and grading plans. Such barriers shall
356 remain in place during the site's construction activity.
357 D. The Declaration of Covenants shall (i) create tree preservation easements
358 that encumber the Tree Preservation Areas shown on the Primary Plat, and
359 (ii) include and apply the requirements of this Section 5.3 to such tree
360 preservation easements.
361 Section 5.4 Perimeter Treatment of Detention Pond. An eight feet (8') wide strip
362 around wet detention ponds shall be planted with native plant species that thrive along the
363 shores of ponds, lakes or in wet or damp soil environments. Such strip shall not be
364 mowed and shall be maintained in accordance with the best management practices
365 contained in Section 5.3; provided, however, that a single path to the pond through the
366 strip may be maintained to provide access to the pond for maintenance purposes.
367 Section 6. Landscape Requirements.
368 Section 6.1 General Landscaping. Landscaping shall be integrated, where appropriate,
369 with other functional and ornamental site design elements (e.g. hardscape materials,
370 entryway documentation, paths, sidewalks, natural areas, fencing or water features). A
371 detailed landscape plan showing the size, location and variety of all plantings outside of
372 the boundaries of a Lot shall be submitted and approved as part of the Primary Plat.
373 Landscaping shall substantially comply with the following general standards:
374 A. Landscaping should be designed with repetition, structured patterns and
375 complementary textures and colors. Alternate or pervious paving
376 materials or alternative planting media is permitted where planting space
377 is limited or where otherwise warranted by site design.
378 B. All plantings shall meet the following specifications:
379 i) Planting shall occur according to the American Standard for
380 Nursery Stock (ANSI Z60.1), and all trees shall be selected from
381 the Carmel Recommended Tree List published by the City's Urban
382 Forestry Program. Landscaping materials shall be appropriate to
383 local growing and climatic conditions. Plan suitability,
384 maintenance and compatibility with site constriction features are
385 factors that shall be addressed. The City's planting details shall be
386 required on the landscape plan.
387 ii) Shade trees shall have a minimum width of two and one half (2.5)
388 inches caliper at planting.
389 iii) Ornamental trees shall have a minimum width of one and one half
390 (1.5) inches caliper at planting.
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391 iv) Evergreen trees shall have a minimum height of six (6) feet at
392 planting.
393 v) Shrubs shall have a minimum height of eighteen (18) inches at
394 planting.
395 C. Subject to the approval of the Urban Forester, existing vegetation may be
396 used to achieve required landscaping if (i) it is of suitable quality, size and
397 state of health to achieve required landscaping, and (ii) the method of
398 preservation utilizes best management practices for tree protection during
399 construction. Any preservation of existing vegetation shall constitute an
400 in-kind credit against the landscaping requirements of this PUD
401 Ordinance.
402 D. All landscaping, as approved and shown on the Primary Plat, shall be
403 installed, weather permitting, on the portion of the Real Estate that is the
404 subject of a Secondary Plat prior to issuance of a Certificate of Occupancy
405 for the first Dwelling constructed within the portion of the Real Estate
406 covered by such Secondary Plat. If it is not possible to install the
407 approved landscaping because of weather conditions, a temporary
408 Certificate of Occupancy, which shall be conditioned upon a specified
409 time to complete the installation of all uninstalled landscape material, may
410 be requested.
411 E. All landscaping approved as part of the Primary Plat shall not be
412 substantially altered, eliminated or sacrificed without first obtaining
413 further Plan Commission approval. However, minor material alterations
414 in landscaping may be approved by the Director or his or her designee in
415 order to conform to specific site conditions.
416 F. All landscaping shall be properly maintained, which shall include the
417 replacement of dead plantings with identical varieties or suitable
418 substitute, mulching of planting areas, and keeping the landscaped areas
419 free of refuse, debris, rank vegetation and weeds.
420 Section 6.2 Conflict with Utilities. Notwithstanding anything herein to the contrary,
421 no tree shall be planted in conflict with drainage or utility easements or structures,
422 underground detention (unless so designed for that purpose), or other rules, regulations or
423 ordinances of the City. However, where the logical location of proposed utilities would
424 compromise the desired effect, the Controlling Developer may solicit the aid of the City's
425 Urban Forester in mediating an alternative.
426 Section 6.3 Landscape Plan. A full sized and to scale landscape plan shall be
427 submitted with the Primary Plat application. Such landscape plan shall include, at a
428 minimum, the following:
429 A. Location and spacing of existing and proposed plant material.
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430 B. Types of plant material identified by botanical and common names.
431 C. Size of material, in diameter and height, at installation and maturity.
432 D. Quantity of each of the planting materials to be installed.
433 E. Methods of protecting landscaped areas and tree preservation areas.
434 Section 6.4 Perimeter Bufferyard. A perimeter bufferyard that complies with the
435 requirements of this Section 6.4 shall be installed along the boundaries of the Copperleaf
436 District, except for the northern and eastern boundaries of Lot 29, which shall not be
437 required to have a bufferyard unless the existing Dwelling on Lot 29 is removed or
438 demolished, in which case the applicable bufferyard required by the UDO shall apply.
439 Within any perimeter bufferyard, evergreen trees may be substituted in lieu of the
440 required shrubs on a 1:3 basis (one evergreen tree equals three shrubs). Drainage
441 improvements shall be permitted within the perimeter bufferyards described above in this
442 Section 6.4 and elsewhere in this Copperleaf Ordinance, conditioned upon conformance
443 to Section 9.6 below. Perimeter bufferyards may either be located within Open Spaces or
444 on Lots. If Perimeter bufferyards are located on a Lot, it shall be within a landscape
445 easement as shown on the Secondary Plat. Perimeter bufferyards shall not be located
446 within any portion of a Street Right -Of -Way, Private Street Right -Of -Way, or county
447 regulated drain easement. The perimeter bufferyards noted in 6.4(A) and (B) below shall
448 contain, at a minimum, seven (7) shade or evergreen trees per one hundred linear feet,
449 three (3) ornamental trees per one hundred linear feet, and twenty-five (25) shrubs per
450 one hundred linear feet. The perimeter bufferyards noted in 6.4(C), (D) and (E) below
451 shall contain, at a minimum, three (3) shade or evergreen trees per one hundred linear
452 feet, two (2) ornamental trees per one hundred linear feet, and fifteen (15) shrubs per one
453 hundred linear feet. The minimum width of the perimeter bufferyards shall be as follows:
454 A. One Hundred feet (100') along 131st Street (excluding Lot 29)
455 B. Fifty feet (50') along west boundary line
456 C. Seventy Five feet (75') along the east boundary line (excluding Lot 29)
457 D. Twenty Five feet (25) along the south boundary line
458 Existing vegetation may be applied toward a Perimeter bufferyard when:
459
1. The vegetation located upon the subject parcel is of a quality and state of
460
health to achieve buffering;
461
2. The vegetation proposed is to be preserved using accepted best management
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practices for tree protection during construction. A tree protection detail is
463
required on the Landscape Plan and associated construction documents; and
464
3. Tree preservation area guidelines are submitted with the Landscape Plan to
465
manage and protect these areas.
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466
Section 6.5
Lot Plantings.
467
A.
Front landscaping on each Lot shall include the following: 20 shrubs
468
(minimum 2 gallon planted); and 2 yard trees (one shade tree / one
469
ornamental tree) (2" minimum caliper outside planting bed). For homes
470
on corner lots, the front landscaping shall apply to the yard that is front of
471
the side of the home that contains the main entrance to the home, i.e., the
472
front of the home. Notwithstanding the forgoing to the contrary, for
473
homes built on Lots 7 and 16 as noted on Exhibit B, the front landscaping
474
requirements shall apply to both sides of the home that face a public street.
475
If a home on Lot 7 or 16 is placed at an angle such that no side is
476
substantially parallel to a public street, the required landscaping for two
477
front yards shall be distributed along the front and both sides of the home.
478
B.
Lawns: Each home shall utilize either sod (with or without irrigation) or
479
hydroseed with irrigation in all front yards to the front corners of the
480
home. All side yards and rear yards must be seeded with straw at a
481
minimum and no irrigation is required.
482
C.
Corner Lots which have two elevations substantially parallel to a public
483
street shall have lawns comprised of sod (with or without irrigation) or
484
hydroseed with irrigation in that portion of the yard located between the
485
public street on each side of the corner lot and a line drawn parallel to
486
each front corner elevation closest to the public street extending from each
487
end of said elevations to each perpendicular lot line. All other side yards
488
and rear yards must be seeded with straw at a minimum and no irrigation
489
is required.
490
D.
Corner Lots which are set at an angle to the public streets, lacking an
491
elevation substantially parallel to either abutting public street, shall have
492
lawns comprised of sod (with or without irrigation) or hydroseed with
493
irrigation in that portion of the yard located (i) between the front elevation
494
of the home and each public street and (ii) between the public street on
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each side of the corner lot and a line drawn parallel to each public street,
496
extending to each perpendicular lot line from the two exterior corners of
497
the home closest to each abutting public street. All other side yard and
498
rear yards must be seeded with straw at minimum and no irrigation is
499
required.
500
E.
Lot Plantings consistent with this Section 6.5 shall be required under the
501
Declaration of Covenants. Such provisions shall also include: (i) that the
502
Lot Plantings shall be installed as soon as reasonably possible after the
503
completion of a Dwelling on the Lot, weather permitting, (ii) that the
504
obligation to install the Lot Plantings is the sole responsibility of the
505
owner of the Lot, and (iii) the owner of the Lot shall be required to
506
maintain and replace, as necessary, the required Lot Plantings.
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507 F. The provisions of this Section 6.5 shall not apply to Lot 29.
508 Section 6.6 Street Trees and Planting Strips.
509 A. Large growing street trees shall be planted within the public right-of-way,
510 parallel to each street, in provided planting strips as shown on the Primary
511 Plat. Street trees shall be planted a minimum of twenty-five (25) feet and
512 a maximum of forty (40) feet on center and are not required to be evenly
513 placed.
514 B. Planting Strips adjacent to residential streets that have a Typical Street
515 Cross Section A -A as shown on the Primary Plat shall be not less than six
516 (6) feet in width.
517 Section 7. Signage. All signage on the Real Estate shall comply with Section 5.39 of the
518 UDO.
519 Section 8. Miscellaneous Requirements and Standards.
520 Section 8.1 Premises Identification. Premises identification shall meet the
521 requirements of Section 5.35 of the UDO.
522 Section 8.2 Home Occupations. Home Occupations shall meet the requirements of
523 Section 5.18 of the UDO.
524 Section 8.3 Right -Of -Way Widths/Cross Sections.
525 A. All interior streets shall have a cross section that complies with Typical
526 Street Cross Section as shown on the Primary Plat.
527 B. The half right-of-way along 131st Street adjacent to the Real Estate shall
528 be as shown on the Primary Plat.
529 Section 8.4 Sidewalks/Paths.
530 A. Sidewalks internal to the Copperleaf District shall be installed along all
531 street frontages. Construction of sidewalks on or directly adjacent to Lots
532 shall be done as part of the construction of a Dwelling on a Lot.
533 Sidewalks along a street frontage that are not on or directly adjacent to a
534 Lot shall be installed as part of the development of each section according
535 to the approved Secondary Plat. Sidewalks shall comply with the current
536 sidewalk standards for the City and shall be not less than five (5) feet in
537 width.
538 B. A sidewalk not less than three feet (3') in width shall be installed between
539 the front porch/stoop of all Dwellings and the sidewalk that is located
540 along the street frontages.
13
541 C. All sidewalk or path intersections shall include ADA compliant ramps and
542 crosswalks.
543 Multi -use paths shall be constructed along 131st Street in accordance with
544 the applicable regulations of the City; provided, however, that such paths
545 shall not be required if they already exist. In addition, the multi -use path
546 shall be extended to the west to connect to the existing path located in
547 Boone County, subject to the approval of the applicable governmental
548 authority.
549 Section 8.5 Site Access and Road Improvements.
550 A. Development of the Copperleaf District shall meet all applicable
551 Thoroughfare Plan related improvement requirements as identified in and
552 required under the UDO unless otherwise specifically provided for in this
553 Copperleaf Ordinance.
554 Section 8.6 Declaration of Covenants and HOA. A Declaration of Covenants shall be
555 prepared by the Controlling Developer and recorded in the office of the Recorder of
556 Hamilton County, Indiana. The Declaration of Covenants shall provide for a HOA to
557 manage and maintain the Open Spaces, establish an architectural review committee and
558 establish guidelines regarding the design and construction of Dwellings that shall not be
559 less restrictive than the Architectural Standards in Exhibit C. Covenants, requirements
560 and provisions of the Declaration of Covenants may be more strict but not any less strict
561 than the provisions of this Copperleaf PUD. The Declaration shall prominently state that
562 all residents, their guests and invitees shall stay out of the ponds and the landscaping
563 planted around such ponds that are located in the Open Spaces because such ponds and
564 landscaping are bmps. Signage shall also be posted adjacent to all ponds that state,
565 "Storm Water BMP, Natural Preservation Area, Do Not Mow or Spray" as shown on the
566 Primary Plat.
567 Section 8.7 Homes Face Interior. The front of all homes shall face the interior streets.
568 No home shall face 131 S` Street.
569 Section 9. Development Procedure.
570 Section 9.1 Approval of the Primary Plat. A Primary Plat has been submitted by the
571 Controlling Developer for approval by the Commission. Such Primary Plat shall conform to
572 the requirements of this Copperleaf Ordinance.
573 Section 9.2 Secondary Plat Approval. The Director shall have sole and exclusive
574 authority to approve, with or without conditions, or to disapprove any Secondary Plat;
575 provided, however, that the Director shall not unreasonably withhold or delay the
576 Director's approval of a Secondary Plat that is in substantial conformance with the
577 Development Plan/Primary Plat and is in conformance with the Development
578 Requirements of this Copperleaf Ordinance. If the Director disapproves any Secondary
579 Plat, the Director shall set forth in writing the basis for the disapproval and schedule the
580 request for hearing before the Commission.
14
581 Section 9.3 Chan eg s Requiring Council Approval. Changes that shall require
582 amendment of this Copperleaf Ordinance through the standard rezone process include the
583 following: Increases in density or intensity; Changes in the proportion or allocation of
584 land uses; Changes in the list of approved uses; Changes in the locations of uses; and/or
585 Changes in the functional uses of open space, where such change constitutes an
586 intensification of use of the open space.
587 Section 9.4 Waiver of Design Standards. The Plan Commission may approve a
588 Design Standard Waiver for any applicable Design Standard pursuant to Section 9.15 or
589 Section 9.16 of the UDO.
590 Section 9.5 Variances of Development Requirements. The Carmel Board of Zoning
591 Appeals may authorize Variances from the terms of the Copperleaf Ordinance, subject
592 to the procedure prescribed in Section 9.14 of the UDO.
593 Section 9.6 All landscaping requirements and other Open Space improvements
594 described in Sections 6 and 8 above for each section or phase of the Subdivision shall be
595 installed within six months of recording of the Secondary Plat for such section or phase.
596 Section 10, Controlling Developer's Consent. Without the written consent of the Controlling
597 Developer, no other developer, user, owner, or tenant may obtain any permits or approvals,
598 whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example
599 but not by limitation, none of the following may be obtained without the approval and consent of
600 the Controlling Developer:
601 A. Improvement Location Permits for any improvements within the Real
602 Estate;
603 B. Sign permits for any Signs within the Real Estate;
604 C. Building permits for any Buildings within the Real Estate;
605 D. Primary Plat or Secondary Plat approval for any part of the Real Estate;
606 and
607 E. Any text amendments, variances, modifications of development
608 requirements or other variations to the terms and conditions of this
609 Copperleaf Ordinance.
610 Section 11. Violations and Enforcement. All violations and enforcement of this Copperleaf
611 Ordinance shall be subject to Article 10 of the UDO.
612 Section 12. Exhibits. All of the Exhibits (A -G) on the following pages are attached to this
613 Copperleaf Ordinance, are incorporated by reference into this Copperleaf Ordinance and are part
614 of this Copperleaf Ordinance.
615 This Ordinance shall be effective upon its passage by the Council and approval by the
616 Mayor of the City, in accordance with Indiana Code 36-4-6 et seq.
15
Exhibit A
Legal Description of Real Estate
Part of the Southwest Quarter of Section 30, Township 18 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the northwest corner of said Southwest Quarter; thence South 00 degrees 08
minutes 31 seconds West (basis of bearings is grid North per Indiana State Plane Coordinate
System — East Zone, NAD83(2011) EPOCH 2010.0000) along the west line of said Southwest
Quarter a distance of 20.00 feet to the south right-of-way of W. 131st Street as described in
Instrument Number 200200039095 in the Office of the Recorder of Hamilton County, Indiana,
and the POINT OF BEGINNING; thence along said south right-of-way the following three (3)
courses: (1) thence South 89 degrees 30 minutes 59 seconds East parallel with the north line of
said Southwest Quarter a distance of 300.00 feet; (2) thence North 86 degrees 19 minutes 26
seconds East 165.44 feet; (3) thence South 89 degrees 30 minutes 59 seconds East 352.86 feet;
thence South 00 degrees 33 minutes 29 seconds East 336.56 feet; thence continuing South 00
degrees 33 minutes 29 seconds East 849.30 feet to the north line of a tract described in
Instrument Number 2012081882 in said Recorder's Office; thence South 89 degrees 59 minutes
05 seconds West along the north line of said tract a distance of 832.41 feet to the west line of
said Southwest Quarter; thence North 00 degrees 08 minutes 31 seconds East along said west
line a distance of 850.86 feet; thence continuing North 00 degrees 08 minutes 31 seconds East
along said west line a distance of 330.07 feet to the POINT OF BEGINNING, containing 22.425
acres, more or less.
A-1
Exhibit B
Conceptual Plan
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FINLAY GRIER FlNLAY GRIER
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JOSEPH R. KITTERYAN. TRUSTEE
THE JOSEPH R. KITTERYAN UVING TRUST
JAMES T. VOURERT A ANGELA
L GOOOWIN-10LPERT
DAVID RILN k MOA RIOT
AUSTIN OAKS
HOMEOWNERS
ASSOCIATION
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MARK G HALVORSENHALVOR
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MARGARET D. HALVYJRSEN
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JOSEPH M. SZMED a
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JERRY L RUSNTON i
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ELIZABETH B. RUSHTON
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KISHUI ZHANG 3
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SITE MAP
JOSEPH R. KITTERYAN. TRUSTEE
THE JOSEPH R. KITTERYAN UVING TRUST
JAMES T. VOURERT A ANGELA
L GOOOWIN-10LPERT
DAVID RILN k MOA RIOT
Exhibit C
ARCHITECTURAL STANDARDS
1) Lot Width:
Minimum of 80 ft. at front building line; provided, however that Lots located
along a curve where a Building Line is not a straight line may be 40 ft. in
width
2) Minimum Square Footage:
One-story home: 2,400 SF, Two-story home: 2,700 SF
3) Setbacks:
Front Yard: 25 ft. minimum
Side Yard: 4 ft. minimum
Side Yard Aggregate: 19 ft. minimum
Rear Yard Setback: 25 ft. minimum
4) Minimum Roof Pitch:
Front to back: 6/12
Front gables: 8/12
Note: Ancillary roofs such as porches, bays or walkways may be less than
the minimum requirement. Homes with a historical architectural style' that
lends itself to a lower roof pitch shall be permitted.
5) Roofs and Roof Overhangs:
All shingles shall be 30 year dimensional shingles or better
Minimum framed front, side and rear overhang: 12 inches
Note: Where masonry meets any overhang, the overhang shall measure a
minimum of eight (8) inches.
6) Roof Ridaeline:
A. Homes shall have a minimum of three (3) ridgelines, unless fewer is
consistent with a historical style' of the home, in which case a minimum of
two (2) ridgelines are required. Only two (2) ridgelines are required if the
front and two sides of the first floor are masonry wrapped.
B. Ridgelines shall only be considered if they are horizontal ridges which
form the peak of a pitched area that are a minimum of four feet (4') in
length. Covered and enclosed porches shall count as a ridgeline.
C-1
7) Corner Breaks:
Each home shall have a minimum of three (3) corner breaks on the front
fagade and two (2) corner breaks on the rear facade. The exterior corners of a
covered porch, the outermost corners of the home, and a projection with a
height of no less than six (6) feet shall count toward this requirement.
8) Equipment Vents:
All vents shall attach to the rear or side of the home to reduce visibility from
the street.
9) Foundations:
A. All homes shall have a full basement. Portions of home not over
basement, such as the garage, shall be on slab.
B. Crawl spaces shall be prohibited.
10) Windows:
A. Window type shall be vinyl, vinyl clad, aluminum clad or wood.
B. Each front facade shall include a minimum of three (3) windows, and each
rear fagade shall include a minimum of five (5) windows.
C. Each side facade shall include not less than two (2) windows per floor.
Windows installed in a garage door shall count as one window for
purposes of this requirement as long as the window(s) in the garage
exceed an aggregate of five (5) square feet in size.
D. The side of all garages that face the street/front yard shall include two (2)
windows.
E. In counting windows, a double -hung shall count as one (1) window and
each casement window where the glass is enclosed by vinyl, vinyl clad or
aluminum clad, or wood material frame shall count as one (1) window.
Windows shall be a minimum of twelve (12) square feet in size in order to
count towards the minimum window requirements on the front and rear of
a home and a minimum of four (4) square feet in size in order to count
towards the minimum window requirements on the sides of the home.
F. All windows on a home shall be trimmed on all four sides except for
windows that are (i) trimmed by Masonry, (ii) located on the front of the
home and have shutters on both sides of the window, or (iii) located within
a portion of a facade that is covered in Masonry. Trim boards shall not be
less than 5/4" by 4" in size.
11) Garages:
A. All homes shall have a minimum three -car attached side load
garage
B. The garage can protrude up to 15' from the farthest point of the
front elevation of the home (the front edge of a porch shall be
included even if the porch does not touch the garage).
C-2
C. A home may include a "bolt on" one car garage that can face the
street, provided that the garage door for such one car garage is set
back at least 20' from the front facade of the side load garage as
depicted in the conceptual home elevations.
12) Masonry Requirements:
A. Acceptable Masonry materials include the following: brick, stone,
manufactured or synthetic stone or brick, limestone, natural stone, and
cultured stone. Stucco and EIFS may be used as a complimentary
material; provided, however, that Stucco and EIFS may only be used from
8' off of the ground and above.
B. Except as provided in sub -section C, below, all homes shall have Masonry
on at least fifty percent (50%) of the front fagade (exclusive of windows,
doors and garage doors).
C. Homes with a historical architectural style' that lends itself to the use of
less masonry may have less than fifty percent (50%) masonry on the front
fagade; provided, however, that not more than five (5) homes within the
Copperleaf District may utilize this exception to allow a home with no
brick and any home utilizing this exception for no brick shall be located at
least two Lots away from another home utilizing this exception for no
brick.
D. A masonry wainscot shall be installed on the sides and rear of all homes.
The water table shall not be less high than the lower of (i) 30" above
grade, or (ii) the bottom of the windows on the applicable side of the
home. This requirement shall not apply to any side of a home that
contains 50% or more of masonry without the wainscot.
13) Siding Requirements:
A. No vinyl or aluminum siding shall be permitted. Acceptable siding
materials shall be wood, Hardiplank or similar composition fiber cement
siding materials. All siding shall be lap siding or other architecturally
dimensioned siding such as shakes.
14) Sides adiacent to Open Spaces:
A. The sides of Lots adjacent to Open Spaces, including Lots 1, 2, 3, 8, 9, 10,
11, 12, 17, 18, 19, 20, 21, 27 and 28 as shown on the Conceptual Plan,
shall include (i) one or more of the following on the side of the home
facing the Open Space: a change in material pattern, a gable peak change
in material, a change of color with trim, a change in material, the addition
of architectural detail or a change in pattern as shown on Exhibit G
attached hereto, and (ii) five (5) shrubs (minimum 2 gallon planted) along
the applicable side of the home.
15) Miscellaneous:
A. All driveways shall be concrete; asphalt is not permitted.
B. Public sidewalks are required on all lots and shall be a minimum of 5'
wide.
C-3
a .
C. Uniform mailboxes will be installed throughout the project.
D. All fireplaces located on the exterior elevation of a home must be
constructed of masonry and cannot be cantilevered or shed chimneys.
Interior fireplaces protruding through the roof not on an exterior elevation
of a home, are not required to be masonry, but must be decorative in
nature using masonry, stucco or EIFS materials. Stucco and EIFS may
only be used from 8' off of the ground and above.
16) Front Porch/Stoops:
A. All homes shall have a covered porch located in front of and adjacent to
the front door. Stoops and steps in addition to the porch shall be
permitted.
B. All required porches shall be constructed of concrete, stone or brick.
C. All required patios, porches or stoops shall be not less than four feet (4')
wide and not less than six feet (6') deep, including any portion that is
covered or uncovered, or of differing widths; provided, however, that a
depth of five feet (5') shall be permitted if the patio, porch or stoop is a
minimum of thirty (30) square feet in area.
17) Facade Variety:
All homes shall comply with Pulte's Anti Monotony Code (attached).
' Historical architectural styles are styles such Colonial, Cape Cod, Farmhouse, Euro Country, Northern
Craftsman, Cottage, Low Country, Prairie, Heartland or homes with various architectural elements taken
from the foregoing to create more recent and modern versions of the foregoing.
C-4
Exhibit D
ANTI -MONOTONY CODE
iW
MONOTONY CODE GRAPHIC
F41
a
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a
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0
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Subject home N
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a
a
0
0
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a
a
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aHome cannot be of the same elevation of the same plan as the Subject home. Must be a
different color package.
Home cannot be of the same elevation of the same plan as the Subject home. Cannot be
the identical color package as the Subject home but may have the same brick.
Home may be of the same plan and elevation as the Subject home, but must be a different
color package.
aMay be identical to Subject home.
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Conceptual Home Elevations
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Exhibit F
Coach Lighting Standard
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AJDOPTED by the Common Council ofth City of Carm 1, Indiana this
`7
day of 201 j , by a vote of ayes and nays.
Presiding Officer
Carter
COMMON COUNCIL FOR THE CITY OF CARMEL
'Kevin D. Rider
(95�-
Anth�oryy Green
Bruce Kimball
Laura Campbell
Christine Pauley
i�
P}esented by me to the Mayor of the City of Carmel, Indiana this day of
20 11, at (�i7 �.M. �
Pauley, Clejrk=Treasurer
A proved by me, Mayor of the City of Carmel, Indiana, this ZZ day of
OU 201K, at' -5: P.M.
Prepared by: Timothy E. Ochs, Esq.
Ice Miller, LLP
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