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Plan Commission ratifies city council changes to Lennar Town 140 PUD; rental restrictions to be recorded
Summary
The Carmel Plan Commission voted to ratify City Council amendments to the Town 140 PUD, reducing proposed units and preserving commitments including a recorded rental restriction and tree preservation. Commissioners and staff said the revised plan meets engineering and character commitments.
The Carmel Plan Commission on Feb. 18 ratified City Council amendments to the Town 140 Planned Unit Development (PUD) filed by Lennar Homes of Indiana, completing the land-use approval for a residential project at the southeast corner of Town Road and 140th Street.
The vote to ratify the council’s changes clears a reworked plan that reduces the originally proposed 87 homes to 50 single-family dwellings, preserves tree areas and common open space, and includes a recorded rental restriction to be placed on property titles, the petitioner’s attorney said.
John Davoshaewitz, attorney for the petitioner, told the commission the council made amendments during its review and the planning commission was being asked to ratify those changes so the ordinance can be finalized. “We would ask, on behalf of our client, that the planning commission consider ratifying that decision of the council and completing the process this evening,” Davoshaewitz said.
Commissioners asked about what the ratified ordinance would and would not include. Commissioner Jeff Hill asked whether architectural design standards (ADLS) would return to the commission because photographs in the PD were illustrative; Davoshaewitz said the current product is single-family detached homes and that ADLS was removed because the townhome portion that would have required ADLS was eliminated. “All the dwellings that are proposed now are single family detached dwellings, and it was only a part of the original ordinance, the townhomes that would receive ADLS review,” he said.
Council members and staff described other plan elements that remain unchanged. A councilmember noted the City Council returned the plan to the commission with a unanimous vote and praised Lennar for working with neighbors. Commissioners also confirmed that commitments — including the rental restriction — will be recorded in property title records and enforceable, though not printed into the ordinance text itself.
Commissioner Debbie Buckler moved approval of docket PZ-2024-0028 (Town 140 PUD rezone as amended by the City Council); the motion was seconded and carried with an affirmative vote by the commission. The commission’s action ratifies the council’s amendments and completes the local process for ordinance adoption.
Implementation details that remain to be finalized include typical construction permit processes and any building permit review items; those will occur through the standard building-permit and plat phases. Staff and the petitioner said tree preservation, common-area amenities and the rental restriction will be enforced through recorded commitments and the building-permit/title processes.
Votes at a glance PZ-2024-0028 — Town 140 PUD (Lennar Homes of Indiana): Motion to ratify City Council amendments and adopt the ordinance as amended; moved by Debbie Buckler, seconded (name not specified). Outcome: approved (commission vote recorded as all in favor).
