PUD Ordinance_DRAFT 06-16-22
Sponsors: __________
CARMEL, INDIANA
96th & Haverstick
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-22
June 16, 2022
96th & Haverstick PUD 4 061622.doc
2
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions and Rules of Construction ......................................................................... 4
Section 3. Accessory Buildings and Uses ....................................................................................... 6
Section 4. Development Standards .................................................................................................. 6
Section 5. Additional Requirements and Standards ...................................................................... 10
Section 6. Procedural Provisions ............................................................................................... 11
Section 7. Violations and Enforcement ..................................................................................... 12
Section 8. Exhibits ..................................................................................................................... 12
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery
Exhibit D Architectural Requirements
Note: All of the above Exhibits (A-D) are attached to this 96th & Haverstick Ordinance, are
incorporated by reference into this 96th & Haverstick Ordinance and are part of this 96th &
Haverstick Ordinance.
96th & Haverstick PUD 4 061622.doc
3
Sponsors: ___________
ORDINANCE Z-_____-22
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE 96th & HAVERSTICK
PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the 96th & Haverstick Planned Unit Development District Ordinance (the
“96th & Haverstick PUD”). The Ordinance would rezone the real estate from S2 Residential to a
Planned Unit Development district allowing the development of attached single-family
dwellings.
WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance,
Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit
Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the
“PUD Statute”); and
WHEREAS, Estridge Development Management, LLC, an Indiana limited liability
company (“Estridge”), submitted an application to the Carmel Plan Commission (the “Plan
Commission”) to adopt a PUD District Ordinance for certain real estate in the City of Carmel,
Hamilton County, Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”);
WHEREAS, Estridge’s application is consistent with the provisions of the UDO and
PUD Statute;
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
UDO, the Plan Commission conducted a public hearing on _______, ___, 2022 at 6:00 p.m.
concerning Estridge’s application for a PUD District Ordinance, which application was docketed
as PZ-2022-00___ PUD;
WHEREAS, the Plan Commission, at its hearing on _______, ___, 2022 at 6:00 p.m.,
has given a _________ recommendation to this 96th & Haverstick PUD (the “96th & Haverstick
Ordinance”), which establishes the 96th & Haverstick Planned Unit Development District (the
“96th & Haverstick District”).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts
this 96th & Haverstick Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or
parts thereof inconsistent with any provision of this 96th & Haverstick Ordinance and its exhibits
are hereby made inapplicable to the use and development of the Real Estate; (iii) all prior
96th & Haverstick PUD 4 061622.doc
4
commitments and restrictions applicable to the Real Estate shall be null and void and replaced
and superseded by this 96th & Haverstick Ordinance; and, (iv) this 96th & Haverstick Ordinance
shall be in full force and effect from and after its passage and signing.
Section 1. Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as the 96th & Haverstick .
Section 1.2 Development in the 96th & Haverstick District shall be governed entirely
by: (i) the provisions of this 96th & Haverstick Ordinance and its exhibits; and, (ii) only
those provisions of the UDO specifically referenced in this 96th & Haverstick Ordinance.
Where this 96th & Haverstick Ordinance is silent, the applicable standards of the UDO
shall apply.
Section 2. Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the 96th & Haverstick:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word “shall” indicates a mandatory requirement. The word “may”
indicates a permissive requirement.
Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in
this Section 2.2, as they appear throughout this 96th & Haverstick Ordinance, shall have
the meanings set forth below and (ii) of all other capitalized terms included in this 96th &
Haverstick Ordinance and not defined below in this Section 2.2, shall be the same as set
forth in the UDO.
“ADLS”: The architecture, design, exterior lighting, landscaping and signage
associated with a Building.
“ADLS Approval”: Approval by the Plan Commission of architecture, design,
lighting and landscaping and signage pursuant to the procedures for ADLS review
of the UDO and the Development Requirements.
Architectural Character Imagery: These comprise the elevations and perspectives
attached hereto as Exhibit C (Architectural Character Imagery) digital images of
which are on file with the Carmel Department of Community Services. This
imagery is intended to illustrate an application of the Development Requirements.
The Architectural Character Imagery shall be the basis for the development of the
96th & Haverstick PUD 4 061622.doc
5
final building designs that may be built provided all applicable Development
Requirements are met, including ADLS Approval. All Structures on the Real
Estate shall be developed in substantial compliance with the Architectural
Character Imagery subject to ADLS Approval by the Plan Commission.
Bulk Requirements: The Bulk Requirements of Section 4.2 of this 96th &
Haverstick Ordinance shall be applicable to the overall Tract of real estate.
Individual Lots, as a Lot applies to a smaller area of the Real Estate including an
individual attached residential dwelling, shall be subject only to the minimum
living area requirements of Section 4.2 of this 96th & Haverstick Ordinance.
Concept Plan: The general plan for the development of the Real Estate, including
but not limited to building, parking and landscaping areas attached hereto as
Exhibit B (Concept Plan). The Development Plan for the Real Estate shall be in
substantial Compliance with the Concept Plan.
Developer: Shall mean Estridge Development Management, LLC until such time
as Estridge Development Management, LLC transfers or assigns, in writing, its
rights as Developer such as to an Owner’s Association.
“Development Plan” or “DP”: A specific plan for the development of the Real
Estate, or any portion thereof, which is submitted for approval, showing proposed
locations of facilities, Buildings, and Structures.
“Development Plan Approval” or “DP Approval”: A Development Plan
Approved by the Plan Commission pursuant to the procedures for DP Approval of
the UDO.
Development Requirements: Written development standards and requirements
specified in this 96th & Haverstick Ordinance or as specified in the UDO, which
must be satisfied in connection with the approval of a Development Plan and
Building Permits.
Plan Commission: The Carmel Plan Commission.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Tandem Parking Space: A parking space adjacent to a garage and behind another
parking space located within a garage.
Tract: The Real Estate less any right-of-way dedication.
Unified Development Ordinance (or “UDO”): The Unified Development
Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County,
Indiana, as amended.
Zone Map: The City’s official Zone Map accompanying and made part of the
UDO.
96th & Haverstick PUD 4 061622.doc
6
Section 3. Accessory Buildings and Uses.
Section 3.1 Accessory Structures. Accessory Structures shall be prohibited.
Section 3.2 Accessory Uses. All Accessory Uses permitted under the S2 Residential
District of the Zoning Ordinance shall be permitted on the Real Estate.
Section 4. Development Standards.
Section 4.1 Permitted Uses:
A. Attached Dwellings (side by side, for sale fee-simple dwellings, on
individually deeded lots). The maximum number of Dwellings shall not
exceed thirty-three (33).
Section 4.2 Bulk Requirements:
A. Minimum Tract Size Required for Development Plan: 2.59 acres (the
Real Estate).
B. Maximum Building Height (measured from grade, at front elevation, to
top of parapet): thirty-six (36) feet.
C. Minimum Front Yard Building Setback (96th Street): Six (6) feet.
D. Minimum Front Yard Building Setback (Haverstick Road): Six (6) feet.
E. Minimum Building Setback (Wild Cherry Lane): Twenty-five (25) feet.
F. Minimum Side Yard Building Setback (north perimeter of Tract): Fifteen
(15) feet.
G. Maximum Tract Coverage: Seventy-five (75) percent.
H. Minimum Living Area per Dwelling: One thousand, five hundred (1,500)
square feet (excludes basement).
Section 4.3 Building Architecture Requirements: Building Architecture shall be
regulated per the terms of Exhibit D of this 96th & Haverstick Ordinance.
A. All Structures on the Real Estate shall be developed in substantial compliance
with the Architectural Character Imagery subject to ADLS Approval by
the Plan Commission.
96th & Haverstick PUD 4 061622.doc
7
Section 4.4 Landscaping Requirements: Landscaping shall comply with the Landscape
Plan, General Provisions, Plant Material, and Installation and Maintenance Standards of
the UDO, except as otherwise modified below.
A. Perimeter Bufferyards:
i. Foundation planting, preservation of existing trees and street trees
shall be required along along the west, south and east perimeter of
the Real Estate (Wild Cherry Lane, 96th Street and Haverstick).
ii. The Bufferyard along the north perimeter of the Real Estate shall
be fifteen (15) feet in width and include (i) Tree Preservation and
(ii) planted with foundation planting along the four (4) buildings
illustrated on the Concept Plan.
B. Tree Preservation. Tree Preservation Areas shall be required as generally
illustrated on the Concept Plan and as noted above in Section 4.4.A.ii. The
Tree Preservation Areas shall be regulated and maintained in accordance with
the Tree Preservation Area Guidelines described below:
1. Best management practices for a tree preservation area:
a. Trees to be preserved shall be those approved by the Urban Forester.
b. Removal of exotic and invasive species, e.g., bush honeysuckle. (See
the Indiana Exotic and Invasive Plant List provided by the City of
Carmel. If you are not able to identify exotic and invasive species,
seek professional assistance. Application of herbicide should be
completed with professional oversight.)
c. Removal of dead, hazardous and at risk trees.
d. Removal of vines growing on and up a tree.
e. Removal of an overabundance of fallen and cut trees.
f. Planting of native trees. (See the Indiana Native Tree List provided
by the City of Carmel.)
g. Direct discharge of surface drainage of stormwater from the rear half
of any lot that is adjacent to a tree preservation area.
h. Establishment of access easements, unpaved trails, utility and
drainage improvements. This provision is intended to permit the
crossing of the tree preservation area and not one easement to fully
occupy the area.
96th & Haverstick PUD 4 061622.doc
8
i. Complete maintenance activities by following industry standard
using the current American National Safety Institute (ANSI) Z-133
and A-300 approved practices and methods.
j. Existing vegetation and earth shall be allowed to be removed for the
purposes of constructing and maintaining paths (including pavement)
through common areas, provided that (i) all attempts be made to
avoid routes that would ultimately damage healthy hardwood tree
species with a dbh greater than twelve inches, (ii) that the width of
the clearing path not exceed ten feet.
k. Grass seeding (native or otherwise) and subsequent maintenance
through mowing shall be allowed within the easement in areas
currently devoid of trees and shrubs, areas (e.g. legal drains) required
to be cleared by governing agencies, and/or areas that will be cleared
for path construction, provided that such seeding/mowing along
constructed paths be restricted to a maximum width of three feet
along either side of the path.
2. Unacceptable activities for a tree preservation area:
a. Removal of native vegetation except as necessary for constructing
and maintaining paths.
b. Mowing and clearing any portion of a tree preservation area.
c. Dumping of leaves and debris from outside locations into a tree
preservation area.
d. The construction of pools, sheds, garages, fences, playground
equipment, tree houses, fire pits and other permanent or semi-
permanent structures unless approved by the City of Carmel.
e. Recreational activities that adversely impact the health, structure and
integrity of a tree preservation area, including, playground
equipment, basketball or tennis courts and pools.
3. The following shall be required for all Tree Preservation Areas:
a. Permanent signs identifying the Tree Preservation Area shall be posted
every five hundred (500) feet around the perimeter of all Tree
Preservation Areas.
b. Barriers shall be utilized during site development and earth moving
activities, which shall be specified on landscape plans. Such barriers
shall remain in place during the site's construction activity.
96th & Haverstick PUD 4 061622.doc
9
C. Street Trees: Street Trees shall be required along 96th Street, Haverstick Road
and Wild Cherry Lane subject to the standards of the UDO.
D. Foundation Plantings: A minimum of a five (5) foot wide planting area shall
be provided adjacent to no less than seventy-five (75) percent of the perimeter
of each building exclusive of porches and stoops and garage door / adjacent
vehicular circulation areas. A minimum of twenty (20) shrubs shall be planted
in the foundation planting area per one hundred (100) feet of foundation
planting area.
E. Existing Utility Conflicts: When conflicts arise between required plantings
and any utility lines or easements, the utility restrictions shall be followed, and
required plantings will be installed at the nearest available location.
Notwithstanding the above, landscaping shall be provided along the entire
south edge of the parking spaces illustrated along the south side of the Real
Estate.
Section 4.5 Parking:
A. Parking shall meet the dimensional requirements of the UDO.
B. The minimum drive aisle width shall be twenty-two (22) feet.
C. Required Parking Spaces:
i. Each dwelling shall have a minimum two-car attached garage. No
garage parking shall later be converted into living space.
ii. A minimum of fifty (50) parking spaces shall be provided
(excluding private garages). Tandem Parking Spaces and parking
spaces along the interior drive aisle shall count toward this
requirement. The Conditions, Covenants and Restrictions
(“CCR’s”) for the Real Estate shall include restrictions which limit
the use of a Tandem Parking Space to the owner of the subject
dwelling unit and their guests.
D. A minimum of five (5) Short Term Bicycle Parking spaces shall be
required.
E. Long Term Bicycle Parking shall be provided within each required
attached garage with a minimum of one (1) rack per garage.
Section 4.6 Site Lighting: All site lighting within the Real Estate shall comply with the
following standards.
A. All site lighting is subject to ADLS approval.
B. All site lighting shall be coordinated throughout the Real Estate and be of
96th & Haverstick PUD 4 061622.doc
10
uniform design and materials.
C. Illumination levels shall not exceed 0.1 foot candles at all other property
lines.
D. Exterior lighting shall be architecturally integrated with the Building style,
material and color.
E. Exterior ground-mounted architectural, display and decorative lighting
shall be generated from concealed, low level fixtures.
F. Pole mounted lighting fixtures shall be prohibited.
Section 4.7 Signage:
A. All signage shall be subject to the requirements of the UDO.
B. A Ground Sign including the name of the subdivision, if utilized, shall be
permitted along 96th Street.
Section 5. Additional Requirements and Standards.
Section 5.1. Vehicular and Pedestrian Access.
A. The configuration of vehicular access into the Real Estate shall be
provided as illustrated on the Concept Plan.
B. Pedestrian connectivity shall be required internal to the site and between
the Buildings and adjacent street rights-of-way.
C. Internal (on site) sidewalks shall be a minimum of four (4) feet in width.
D. A five (5) feet sidewalk shall be required along Wild Cherry Lane.
E. A ten (10) foot path shall be required along the 96th Street and Haverstick
Road.
Section 5.2. Required right-of-way:
A. Haverstick Road: Forty-five (45) foot half right of way.
B. 96th Street: Sixty (60) foot half right of way.
Section 5.3. Storm Water Retention: Underground Stormwater management is
anticipated and may be provided exclusively or in combination with other Stormwater
management techniques as approved by the engineer of jurisdiction.
96th & Haverstick PUD 4 061622.doc
11
Section 5.4. Mail Delivery: A central mailbox location shall be provided with
adequate room for a vehicle to stop and access the mailbox.
Section 6. Procedural Provisions.
Section 6.1. Development Plans and ADLS.
A. Development Plan (“DP”) and/or architectural design, exterior lighting,
landscaping and signage (“ADLS”) approval by the Plan Commission, as
prescribed in UDO, shall be required prior to the issuance of an Improvement
Location Permit to determine if the DP and ADLS satisfy the Development
Requirements specified within this 96th & Haverstick Ordinance.
B. The Real Estate shall be developed in substantial compliance with the
Concept Plan hereby incorporated and attached as Exhibit “B” subject to
Development Plan Approval by the Plan Commission. Substantial
compliance shall be regulated in the same manner as the “substantially or
materially altered” provisions of the UDO as it applies to Development
Plans.
C. All Structures on the Real Estate shall be in substantial compliance with the
Architectural Character Imagery hereby incorporated and attached as
Exhibit “C” subject to ADLS Approval by the Plan Commission.
Substantial compliance shall be regulated in the same manner as the
“substantially or materially altered” provisions of the UDO as it applies to
Architectural Design.
D. If there is a Substantial Alteration in any approved DP or ADLS, review and
approval of the amended plans shall be made by the Plan Commission, or a
Committee thereof, pursuant to the Plan Commission’s rules of procedure.
Minor Alterations may be approved by the Director.
Section 6.2. Primary Plat. A Development Plan approved by the Plan Commission
shall be, upon approval, the Primary Plat of the Real Estate.
Section 6.3. Secondary Plat Approval. The Director shall have sole and exclusive
authority to approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay the
Director's approval of a Secondary Plat that is in substantial conformance with the
Development Plan/Primary Plat and is in conformance with the Development
Requirements of this 96th & Haverstick 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 6.4 Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to
96th & Haverstick PUD 4 061622.doc
12
the requirements of the UDO. A wavier of the provisions of this 96th & Haverstick
Ordinance may be granted up to a maximum of thirty-five (35) percent of the specified
standard.
Section 6.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the 96th & Haverstick Ordinance, subject to the procedures
prescribed in the UDO.
Section 7. Violations and Enforcement. All violations and enforcement of this 96th &
Haverstick Ordinance shall be subject to the requirements of the UDO.
Section 8. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this
96t & Haverstick Ordinance, are incorporated by reference into this 96th & Haverstick Ordinance
and are part of this 96th & Haverstick Ordinance.
The remainder of this page is left blank intentionally
Exhibit “A” – Page 1 of 4
Exhibit “A”
(Legal Description)
A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range Four (4) East,
described as follows:
Begin Four Hundred and Forty-four (444) feet east of the southwest corner of the east half of the southwest quarter
of Section Seven (7), Township Seventeen (17) North, Range Four (4) East, and run north Eight Hundred Eighty-
five and one-tenth (885.1) feet to an iron pin, thence east Eight Hundred Seventy-nine and four tenths (879.4) feet to
the east line of said quarter, thence south on said line Eight Hundred Seventy-nine and four tenths (879.4) feet to the
southeast quarter of said quarter, thence west to the place of beginning, containing 17.78 acres, more or less.
EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range Four (4)
East, described as follows:
Begin at a point in the center of Wild Cherry Lane, said point being 577 feet west and 280 feet north of the south
east corner of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range Four (4) east;
thence North 152.06 feet to a point; thence east on and along the line line between plots, numbering eight (8) and
eleven (11) 291 feet to an iron stake; thence south on the line between plots numbering seven (7) and eight (8),
151.58 feet to an iron stake, said point being the northeast corner of plots number four (4) and the southeast corner
of plot number eight (8); thence west 291.0 feet to the place of beginning in Hamilton County, Indiana, being known
as Plot No. 8 in Wild Cherry Plat (not recorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin 740 feet west of the southeast corner of the southwest quarter of Section 7, Township 17 North, Range 4 East,
thence north 350.0 feet to a point; thence west parallel with south line of southwest quarter 138.0 feet to a point;
thence south 305.0 feet to the intersection with south line of said southwest quarter; thence east on and along said
south line 138.0 feet to the place of beginning in Hamilton County, Indiana. (Also known as Tract #1 in Wild Cherry
Corner, an unrecorded plat).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin at a point in the center of Wild Cherry Lane. This point being 577.0 feet west and 432.06 feet north of the
southeast corner of the southwest quarter of Section 7, Township 17 North, Range 4 East, thence north along the
center line of this drive 152.06 feet to a point; thence east 291.0 feet to an iron stake; thence south parallel with the
west line of this Tract 151.58 feet to an iron stake; thence west 291.0 feet to the place of beginning. (This plot
known as Tract #1 Wild Cherry Corner, unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin 280 feet north of the southeast corner of the southwest quarter of said Section; thence west 286.5 feet; thence
north 151.1 feet; thence east 286.75 feet; thence south 151.1 feet to the place of beginning. Also known as Tract 7,
Wild Cherry Corner, in Hamilton County, Indiana (unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin at a point 431.1 feet north of the southeast corner of the southwest quarter of Section 7, Township 17 North,
Range 4 East; thence west parallel with the south line of said quarter 286.75 feet to a point; thence north 151.56
feet to a point; thence east 287.0 feet to intersection with west line of said quarter section, thence south 151.1 feet
Exhibit “A” – Page 2 of 4
to the place of beginning in Hamilton County, Indiana. This plot known as Tract #12 Wild Cherry Corner
(unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Begin at an iron stake 602.0 feet west, and 280.0 feet north of the southeast corner of southwest quarter of Section
7, Township 17 North, Range 4 East. Said point being the southeast corner of Lot #9 of an unrecorded plat known
as Wild Cherry Corner; thence west parallel with south line of said southwest quarter 276.0 feet to iron stake;
thence north on and along the west line of said Lot #9 152.65 feet to a point; thence east 276.0 feet to northwest
corner of said Lot #9 thence south 152.15 feet to the place of beginning. (This plot known as Tract #9 Wild Cherry
Corner, unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Begin at a point in center Wild Cherry Lane, said point being 577.0 feet west of the southeast corner of the
southwest quarter of Section 7, Township 17 North, Range 4 East; thence north on and along said center line 305.0
feet to a point; thence west parallel with south line of said southwest quarter 163.0 feet to a point; thence south
parallel with centerline of said lane 305.0 feet to the intersection with the south line of said south quarter; thence
east on and along said south line 163.0 feet to place of beginning (This plot known as Tract #12 Wild Cherry
Corner, unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Beginning at an iron stake 602.0 feet west and 432.15 feet north of the southeast corner of southwest quarter of
Section 7, Township 17 North, Range 4 East, said point being the southeast corner of Lot #10 of an unrecorded
plat known as Wild Cherry Corner; thence west 276.0 feet to a point; thence north on west line of said Lot 152.65
feet to a point; thence east 276.0 feet to a point; thence south 152.15 feet to the place of beginning, containing .964
acre, more or less. (This plot known as Tract #10 Wild Cherry Corner, unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Begin at a point in the corner of Wild Cherry Lane, which is 577.0 feet west and 584.12 feet north of the southeast
corner of the southwest quarter of Section 7, Township 17 North, Range 4 East, run thence east 291.0 feet to an
iron stake, thence north 149.0 feet to an iron stake, thence west 291.0 feet to a point in the center of Wild Cherry
Lane, thence south along the center line 149.0 feet to the place of beginning. Containing .995 acres more or less, in
Hamilton County, Indiana. (This plot known as Tract #14 Wild Cherry Corner, unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Begin at a point 577.0 feet west and 584.2 feet north of the southeast corner of the southwest quarter of Section 7,
Township 17 North, Range 4 East, thence north 149.0 feet to a point; thence west 301.0 feet to an iron stake,
thence south parallel with the east line of this tract 149.0 feet to an iron stake, thence east 301.0 feet to the place of
beginning. (This plot known as Tract $15 Wild Cherry Corner, unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Begin at a point in Wild Cherry Lane which is 577.0 feet west and 733.12 feet north of the southeast corner of the
southwest quarter of Section 7, Township 17 North, Range 4 East. Run thence west 301.1 feet to an iron stake.
Thence north 149.0 feet to an iron stake. Thence east 301.1 feet to the center of Wild Cherry Lane. Thence south
Exhibit “A” – Page 3 of 4
149.0 feet to the place of beginning. Containing 1.03 acres, more or less. (This plot known as Tract #16 Wild
Cherry Corner, unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Beginning 731.2 feet north of the southeast corner of the southwest quarter of Section 7, Township 17 North,
Range 4 East; thence north 149 feet; thence west 387.4 feet; thence south 149 feet to an iron stake; thence east
387.4 feet to the place of beginning in Hamilton County, Indiana. (This plot known as Tract #18 and part Tract #17
Wild Cherry Corner, unrecorded).
ALSO EXCEPT: Beginning 582.2 feet north of the southeast corner of the southwest quarter of Section 7,
Township 17 North, Range 4 East, thence North 149.0 feet; thence west 287.4 feet; thence south 149.0 feet; thence
east 287.4 feet to the place of beginning in Hamilton County, Indiana. Also known as Plot 13 in Wild Cherry
Corner, an unrecorded plat.
ALSO EXCEPT: A part of the southwest quarter of Section Seven (7), Township Seventeen (17) North, Range
Four (4) East, described as follows:
Beginning 880.2 feet north and 387.4 feet west of the southeast corner of the southwest quarter of Section 7,
Township 17 North, Range 4 East, thence south 149.0 feet to an iron stake; thence west 191.0 feet to the centerline
of Wild Cherry Lane; thence north on and along the centerline of Wild Cherry Lane 149.0 feet to a point in the
south line of Chesterton First Section Amended as per plat thereof recorded in the Office of the Recorder of
Hamilton County, Indiana; thence east on and along with said south line 191.0 feet to an iron stake and also the
place of beginning, containing in all 0.65 acres, more or less. (This plot known as Tract #17 Wild Cherry Corner,
unrecorded).
ALSO EXCEPTING that land taken by the City of Carmel in Cause No. 29D01-1802-PL-001476 in the Hamilton
Superior Court No. 1 and recorded May 23, 2018 as Instrument No. 2018022031 in the Office of the Recorder of
Hamilton County, Indiana, described as follows:
A part of the Southwest Quarter of Section 7, Township 17 North, Range 4 East, Hamilton County, Indiana, and
being that part of the grantors' land lying within the right of way lines depicted on the attached Right of Way
Parcel Plat, marked EXHIBIT "B", described as follows: Beginning at the southeast corner of said quarter section,
said corner being designated as point "404" on said parcel plat; thence along the south line of said quarter section
South 89 degrees 56 minutes 15 seconds West 577.00 feet to the southwest corner of the grantors' land; thence
along the west line of the grantors' land North 0 degrees 19 minutes 56 seconds East 24.10 feet to point "3067"
designated on said plat; thence North 85 degrees 41 minutes 18 seconds East 237.93 feet to point "3002"
designated on said plat; thence North 80 degrees 30 minutes 47 seconds East 248.24 feet to point "3004"
designated on said plat; thence North 36 degrees 39 minutes 20 seconds East 18.75 feet to point "3081" designated
on said plat; thence North 38 degrees 49 minutes 41 seconds East 87.04 feet to point "3005" designated on said
plat; thence North 0 degrees 19 minutes 55 seconds East 55.00 feet to point "3006" designated on said plat; thence
South 89 degrees 40 minutes 05 seconds East 29.95 feet to the east line of said quarter section; thence along said
east line South 0 degrees 19 minutes 56 seconds West 219.95 feet to the point of beginning and containing 0.865
acres, more or less, inclusive of the presently existing right of way which contains 0.129 acres, more or less.
Exhibit “A” – Page 4 of 4
Exhibit “A”
(Legal Description – Location Map)
Exhibit “B” – Page 1 of 1
Exhibit “B”
(Concept Plan)
Larger copies of the Concept Plan are on file with the Department of Community Services. Above is
a reduced color version.
Exhibit “C” – Page 1 of 4
Exhibit “C”
(Architectural Character Imagery)
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit “C” – Page 2 of 4
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit “C” – Page 3 of 4
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit “C” – Page 4 of 4
Exhibit “C”
(Architectural Character Imagery)
Larger copies of the Architectural Character Imagery are on file with the Department of Community
Services. Above is a reduced version.
Exhibit “D” – Page 1 of 2
Exhibit “D”
(Architectural Requirements)
A. Architectural Design: The applicable Architectural Character Imagery, indicating the
architecture and appearance of Buildings are contained within Exhibit C (Architectural
Character Imagery). All Structures on the Real Estate shall be developed in Substantial
Compliance with the Architectural Character Imagery subject to ADLS Approval by
the Plan Commission.
B. Building Width:
i. Individual residential units shall be a minimum of eighteen (18) feet wide.
ii. A maximum of five (5) units may be joined together to form a single building.
C. Building Orientation.
i. The front door of residential units shall face a street or internal common area, as
shown on the Concept Plan. The front door shall have a stoop raised minimum
twenty-four (24) inches above grade at building. A concrete or paver walkway
from stoop to front sidewalk is required.
D. Design Intention.
i. The design intention of the development is to create durable and high quality
housing.
ii. Individual units within a larger building shall be distinguishable from the adjacent
units but also share similar materials, patterns, and colors so that the entire
building is harmonious in appearance.
E. Materials.
i. Acceptable exterior siding materials shall include brick, cast stone, smooth fiber
cement panels, fiber cement lap siding, and fiber cement trim.
ii. Brick and/or stone shall be the exterior siding material on 100% of the first floor
of the dwelling facing a street excluding bay window detailing areas as illustrated
on the Character Imagery. The minimum brick areas will be as depicted on the
Character Imagery. Additionally, brick wrap will be provided on the rear
elevation and side elevations at the garage level subject to the excluded bay
window area noted in this section.
iii. Windows:
Windows shall be vinyl in manufacturer’s standard color.
All windows in non-masonry siding areas will be wrapped in 1x4 trim.
Exhibit “D” – Page 2 of 2
For middle units, the garage level will have a minimum of one (1) window,
the main level will have a minimum of four (4) windows and the top level will
have a minimum of four (4) windows. The required numbers of windows
include glass atrium door panels where provided.
iv. Roof Standards:
Visible roofs shall be asphalt or fiberglass shingle roofing.
Low slope roofs that are not visible can be TPO, EPDM rubber or membrane
roofing.
Porch roofs can be asphalt shingles, prefinished standing seam metal roofing
or membrane roof systems.
v. Balconies on rears and sides of buildings shall be metal, wood, or fiber cement.
vi. All handrails at exterior steps shall be metal.
vii. Exterior doors, including overhead doors, shall be fiberglass, vinyl, or painted
metal in either smooth or paintbrush texture finish.
viii. Rainwater management shall be in prefinished metal gutters with prefinished
metal downspouts as needed.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of
________, 2022, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Laura D. Campbell, President Sue Finkam, Vice-President
___________________________________ ____________________________________
H. Bruce Kimball Kevin D. Rider
___________________________________ ____________________________________
Anthony Green Jeff Worrell
___________________________________ ___________________________________
Tim Hannon Miles Nelson
___________________________________
Adam Aasen
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _______________________
2022, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________
2022, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C.
Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550
Congressional Blvd, Carmel, IN 46032.
96th & Haverstick PUD 4 061622