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VOWC PUD Z-465-04 + resolutionI I I I ORDINANCE Z-330 (Amended 02/07/2005) - (Modifications approved by the Carmel Plan Commission on October 17, 2006 are in italics) (Additional permitted uses within the PRA, recommended by the Carmel Plan Commission, as approved by the Common Council o/the City o/Carmel on June 1,2009 are in italics) ~o WESTCLA Y VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT I I I I I ORDINANCE NO. Z-465-04 AS AMENDED Sponsor: Councilor Rattermann AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING THE WESTCLAY VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Amending the WestClay Village Planned Unit Development District Ordinance WHEREAS, a petition has been filed, as Docket No. 04060035 OA, to (i) amend the development requirements under, and amend and restate, Ordinance No. Z-330 establishing the WestClay Village Planned Unit Development District (the "District"), as previously amended and restated, as provided in Exhibit "A" attached hereto and (ii) to amend the provisions of Section 31.06.04.1 of the Carmel Zoning Ordinance to add at the end thereof: " ... provided the foregoing shall not apply to proposals to (i) amend Ordinance No. Z-330, establishing The WestClay Village Planned Unit Development District, as the same is amended or restated from time to time, or (ii) add land to The WestClay Village Planned Unit Development District"; and WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") conducted hearings on Docket No. 04060035 OA at its August 17, 2004 and November 16,2004 meetings as required by law; WHEREAS, the Plan Commission, sent a favorable recommendation relating to Docket No. 04060035 OA to the Common Council of the City of Carmel, Indiana; (the "Council") and WHEREAS, the Council, acting pursuant to IC 36-7-4-607(f), has amended the proposal to, inter alia, (i) reduce increases in the permitted residential density of the District and limit the permitted number of Village Center Lofts, (ii) limit the number of "fast food" restaurants, (iii) limit the number of buildings in the Peripheral Retail Area providing drive-thru service, (iv) increase buffer yard requirement and (v) limit hours of operation in the Peripheral Retail Area, and desires to return the proposal to the Plan Commission NOW, THEREFORE, BE IT ORDAINED by the Council: Section I. Pursuant to IC 36-7-4-1500 et. seq., Ordinance No. Z-330 is amended and restated as provided in Exhibit "A" attached hereto and as thus amended and restated constitutes and amendment to the Carmel/Clay Zoning Ordinance Z-289, as amended. Section II. The provisions of Section 31.06.04.1 of the Carmel Zoning Ordinance are hereby amended to add at the end thereof: " ... provided the foregoing shall not apply to proposals to (i) amend Ordinance No. Z-330, establishing The WestClay Village Planned Unit Development District, as the same is amended or restated from time to time, or (ii) add land to The WestClay Village Planned Unit Development District." Version 12705 I I I I I Section III. The proposal is returned to the Plan Commission, which, pursuant to IC 36-7-4-607(f)(4) has forty-five (45) days to report to the Council whether it approves or disapproves of the proposal as amended. Section IV. If the Plan Commission approves the proposal as hereby amended or fails to act within said forty-five (45) day period, this Ordinance shall stand as passed hereby as of the earlier of the date of such approval or the expiration of said forty-five (45) day period, and be in full force and effect. Section V. If the Plan Commission disapproves the proposal as hereby amended, it shall be returned to the Council for further action. fft.-J~SSED by the Common Council of the City of Carmel, this 1 day of ~~' ,2005, by a vote of i ayes and ~ nays. Version 12705 I I I I I I I COMMON COUNCIL OF THE CITY OF CARM~L' IN. DIAN / d &~ v-' .,-4' ~ / -_o~b/ p#idin fficer ' Kevin . by, llfOsidZ empore )1:0.' ~ mM~ Fredrick 1. Glaser Mark Rattermann 6ppos e:..D Joseph C. Griffiths Richard L. Sharp AMC, Clerk-Tre urer Presented by me to the Mayor of City of Carmel this % +-l day Ofj.~~ ,2005, at. 3~CO P.M. Diana L. Cordray, IAMC, Clerk-Tre Approved by me, Mayor of the City ofCarme~ Indiana, this It'd day of &hU~7 ' 200~, at g btJ P.M. jUt? A~ ATTEST: Prepared by: David R. Warsha er Barnes & Thornburg surer 11 South Meridian Street Indianapolis, Indiana 46204 Jamp, Brainard, Mayor I I I I CERTIFICATION OF THE CARMEL PLAN COMJ.\IIISSION'S RECOMMENDATION ON A PETITION TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7w4~605 ORDINANCE No. Z.465-04 Village·of West Clay Planned Unit Development (pun) To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Cannel Plan Commission offers you the following report on the application of Brenwick TND Communities, LLC, (Docket No. 04060035 OA) petitioning to amend the development reqJlirements established under The WestClay Village Planned Unit Development Ordinance No. 2-330 as previously established by the Common Council of the City of Carmel, Indiana. The area affected is generally located on the southeast~ northwest, and southwest comers of West 13lat Street and Towne Road, Hamilton County, Indiana. The Cannel Plan Commission's recommendation on the ·petition of Brenwick 1ND Communities, LLC, is FAVORABLE. At a regularly scheduled meeting of Tuesday, November 16. 2004, the Cannel Plan Commission voted seven (7) in Favor, two (2) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-465-04 with a Favorable Reco~mendation·. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36· 7-4·607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification (November 18, 2004) is Wednesday, February 16, 2005. ~~ ~mona Hancock, Secretary November 18, 2004 2004-1 \-17; Z-46S·04 Villaac ofW<:&tCll\y Certifiea.tion SSION <r ... / e~ Dierckman, Presid~n; .. . " ~tL 0~ \ Received NOV 1 8 2004 Carmel Ger/.:· Tre(1Sllrer I I I I I TABLE OF CONTENTS Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Legislative Intent ........................................................................ . Applicability of Ordinance ......................................................... . Definitions .................................................................................. . Modification of Development Requirements ............................ .. Permitted Principal Uses ............................................................ . Permitted Accessory Uses .......................................................... . Residential Development ............................................................ . Commercial Development .......................................................... . Blocks ......................................................................................... . Streets ......................................................................................... . Open Space ................................................................................. . Civic Space ................................................................................. . Recreational Space ..................................................................... . Sidewalks and Paths ................................................................... . Area and Bulk Regulations ........................................................ .. Parking ........................................................................................ . Loading and Service Areas ........................................................... . Signs ........................................................................................... . Landscaping ................................................................................ . Detention and Retention Basins ................................................... . Lighting ...................................................................................... . Fences and Walls ........................................................................ . Platting and Installation of Improvements .................................. . Certification and Recordation of the Development Plan ............ . Improvement Location Permits .................................................. . Filing Fees ................................................................................... . Commission Consents or Approvals .......................................... . 1 1 2 12 13 17 18 19 21 22 25 26 26 27 28 33 39 39 47 50 50 51 51 53 53 53 54 I I I I Sponsor: Councilor: Rattermann ORDINANCE NO. Z-330 AN ORDINANCE ESTABLISHING THE WESTCLAY VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended (the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with the requirements ofIC 36-7-4-1500 et. seq.; and WHEREAS, Ordinance No. Z-330 establishes the WestClay Village Planned Unit Development District (the "District"); and WHEREAS, the Carmel/Clay Plan Commission has recommended that Ordinance No. Z- 330 be amended and restated; and NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-1500 et. seq., Ordinance No. Z-330 is amended and restated as set forth below and as thus amended and restated constitutes an amendment to the Zoning Ordinance. Section 1. Legislative Intent. Having given reasonable regard to the Comprehensive Plan and the other matters specified in Section 31.6.4(4) of the Zoning Ordinance, and specifically to section 1.1.6, the intent of the Council in adopting this Ordinance is to insure that the increased flexibility and design specificity regulations over land development authorized herein is carried out under administrative standards and procedures. Section 2. Applicability of Ordinance. 2.1. The Official Zoning Map, a part of the Zoning Ordinance, is hereby changed to designate the land described in Exhibit A as a planned unit development district. 2.2. Development in the District shall be governed entirely by the proVIsIOns of this Ordinance with the exception that provisions of the Subdivision Control Ordinance, the Zoning Ordinance and the Sign Ordinance specifically referenced within this Ordinance and as in effect on the date hereof shall also apply. 2.3. This Ordinance, having met the requirements of IC 36-7 -4-702(b), constitutes the subdivision control ordinance of the District. 1 I I I I I Section 3. Definitions. Unless otherwise stated, the foHowing words shall, for the purpose of this Ordinance, have the meaning herein indicated. Any word used in this Ordinance which is not defined herein and which is defined in Section 3.0 of the Zoning Ordinance, Section 4.0 of the Subdivision Control Ordinance or Section 01-2 of the Sign Ordinance shall, for the purpose of this Ordinance, have the meaning defined therein, unless the context otherwise requires. Accessory building. A building subordinate to another structure or use located on the same lot. An accessory building may also include public utilities; communication, electric distribution and secondary power lines; gas, water and sewer lines; their supports and poles, guy wires, small transformers, wire or cable and other incidental equipment and public telephone booths. Accessory Dwelling. A dwelling which is attached to or located on the same lot as a detached or attached single family dwelling, has an independent means of access and is owned by the owner of the principal dwelling but occupied by another. Accessory dwellings include apartments integrated within or attached to single family dwellings, or those located in attached or detached accessory building, such as garages, carriage houses, or agricultural type outbuildings, located on the same lot as single family dwellings. Accessory Use. A use subordinate to the main use, located on the same lot or in the same building as the main use, and incidental to the main use, or otherwise utilized for a use described in the definition of "accessory building". Alley. A private way or easement located through the interior of blocks and providing vehicular and service access to the side or rear of properties. Apartment. A dwelling intended primarily for rental. Apartment house. More than four apartments placed one on top of another and/or side by side and sharing common walls and common floors and ceilings, and which are located on a Village Center Block or a single lot of record. Arcade. A walkway or driveway adjacent to a building (or between buildings) which is covered by a roof (which may be the second story of the building) but which is not fully enclosed, not including a carport or other area intended for the sheltered parking of vehicles. Architectural Review Board. The board established by a Declaration for the purpose of reviewing the design of all structures proposed to be constructed in that part of the District regulated by such Declaration. Assisted Living Unit. A dwelling located in or constructed in association with, maintained as part of and entitled to the benefits of a congregate housing facility. 2 I I I I Attached Dwelling. Rowhouse, townhouse, duplex, triplex, or quadriplex dwellings, developed side by side for sale as condominiums, or as fee simple dwellings where land is sold with the dwelling. Attached dwellings whether sold as condominiums or as individually deeded lots are excluded from the definition of apartments. Bed and Breakfast. The renting of dwelling rooms or suites on a daily basis to tourists, vacationers and business travelers where the only meal served is breakfast and it is available only to guests. Blank Wall. An exterior building wall with no openings and generally constructed of a single material, uniform texture, and on a single plane. Buffer. An area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms, and/or fences, and designed to limit views and sounds from the Development to adjacent properties and vice versa. Build-to Line. An alignment which dictates the maximum front yard setback from a street or public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line does not apply to building projections or recesses. Where a build-to line is specified, the area between the frontage line and the area forward of the build-to line specified in Section 9.1.B is the required minimum front yard setback, subject to the variation permitted by Section 9.1.B. Build-up Line. An alignment which dictates an average height to the cornice line or to the roof edge line on a street or space. Building Height. The vertical distance from the highest finished grade relative to the street frontage to the cornice line or to the roof edge line. The vertical distance from the cornice line or roof edge to the parapet or roof ridge (including gables), and the height of towers, steeples, cupolas and other architectural roof embellishments are not included in calculating building height. Building Scale. The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Caliper. The diameter of a tree trunk measured in inches, 6 inches above ground level for trees up to 4 inches in diameter and measured 12 inches above ground level for trees over 4 inches in diameter. Cartway. The paved driving surface of a street or alley and any curbing. Civic Building. A building or facility the use of which is principally devoted to civic uses. Civic Space. The area occupied by a civic building, including the surrounding lawn, plaza or courtyard, on-site parking and appurtenant structures. 3 I I I I Civic Uses. Uses intended to serve as a public gathering place. Such uses include governmental offices, meeting halls, libraries, museums or galleries operated primarily for the display, rather than the sale, of works of art, indoor or outdoor theaters, auditoriums or other buildings or structures designed, intended or used primarily for musical, dance, dramatic or other live performances, community buildings and facilities, churches or other places of worship or meditation, colleges, schools and other public or private educational establishments, post offices, day care centers, and other institutional and community-oriented uses. Close. An open space surrounded on all sides by cartways intended to afford vehicular access to, and serve as a front space for, lots interior to a block. Column. A vertical pillar or shaft, usually structural. Commercial Block. Each of Commercial Blocks "A" through "D" in the Peripheral Retail Area as depicted on the Development Plan. Commercial Structure. A building contammg one or more spaces utilized for a purpose permitted by Sections 5.I(D) or 5.3(A). Common Parking Lot. A parking lot or parking structure maintained by an Owners Association and intended for use by the occupants of or visitors to a civic building, commercial structure or an apartment house. Community Area. Open space, civic space and recreational space located in the District. Congregate Housing. A facility or housing development in which an agency, organization or individual provides care for three or more sick, disabled or aged persons not related by blood or marriage to the operator. Such congregate care facilities are classified as "dependent living facilities" or "independent living facilities" depending on the degree of support services on site. Conservation Easement. An easement which complies with the requirements of the Indiana Uniform Conservation Easement Act. Context. The character of the buildings, streetscape, and neighborhood which surround a given building or site. Cornice. The top part of an entablature, usually molded and projecting. Cupola. A small roof tower, usually rising from the roof ridge. Curb Radius. For a mountable curb, the curved edge of the street at intersections, measured at the front of the curb. For a chairback-type curb, measured at the back of the curb. Day Care Center. Day care provided on less than a 24 hour basis for either children or adults, according to the following limiting definitions: 4 I I I I Child Day Care Center. A facility in which an individual, agency or organization provides supervision or care on a regular basis for children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adult. Adult Day Care Center. A facility in which an individual, agency or organization provides supervision or care on a regular basis for adults in a place other than their usual place of abode. Declaration. A Declaration of Covenants and Restrictions for one or more phases of the Development recorded in the Office of the Recorder of Hamilton County, Indiana, as the same may be amended from time to time. Department. The Department of Community Services of the City of Carmel, Indiana. Dependent Living Facility. Congregate housing facilities which are designed for persons who need a wide range of health and support services, such as medical, nursing and personal services care, central dining facilities and transportation services. Design Vocabulary. Building guidelines and requirements including but not necessarily limited to a code of architectural style and massing recommendations, building detail guidelines, listing of acceptable materials and colors, and landscape and streetscape details adopted by a Developer and applied by an Architectural Review Board in considering plans for structures to be constructed in the Primary Areas or the Peripheral Retail Area. With respect to any commercial structure, apartment house or attached dwelling to be constructed in the Primary or Peripheral Retail Areas, the Design Vocabulary shall be the provisions of the "Village of WestClay Building Guidelines and Requirements for Commercial Construction" dated July 13, 2004, applicable to commercial structures, apartment houses and attached dwellings, as the case may be, as the same may be modified from time to time with the approval ofthe Commission. Detached Dwelling. A dwelling that is developed with no party-walls and with open yards on at least three sides, but not including manufactured homes, mobile homes, modular homes or recreational or motor vehicles. Developer. A person engaged in development of one or more phases of the Development. Development. The land constituting the District as it may be developed in accordance with the Development Requirements. Development Guidelines. The non-binding developmental preferences set forth III this Ordinance. Development Plan. This Ordinance and the plan for the Development, including the primary plat, all drawings and plans approved by the Commission, as the same may be modified from time to time pursuant to Section 4. 5 I I I I I Development Requirements. The Development Standards and the Development Plan. Development Standards. The normative specific requirements for development in the District set forth in this Ordinance. District. The land described in Exhibit A attached hereto and incorporated herein. Duplex. Two dwellings placed one on tope of another or attached side by side and sharing one or more common walls that are not part of a townhouse project that includes three or more attached dwellings in a single row. Dwelling. A room or combination of rooms designed for year-round habitation, containing a bathroom and kitchen facilities, and designed for or used as a permanent residence by at least one person. Elderly Day Care Center. A building or space in a building and grounds used for the day care of senior citizens exclusive of daily health-related care or services. Elevation. An exterior facade of a structure, or its head-on view, or representation drawn with no vanishing point, and used primarily for construction. Eligible Title Holder. Developer, a non-profit corporation having perpetual existence, a religious body organized to sustain religious ceremonies and purposes, a governmental body or the operator of congregate housing. Environmental Constraints. Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development. Facade. A building face or wall. Facade Signage Area. The area or areas on a commercial building facade where signs may be placed without disrupting facade composition. The signable area will often include panels at the top of show windows, transoms over storefront doors and windows, sign boards on fascias, and areas between the top of the storefront and the sills of second story windows. Fenestration. Window and other openings on a building facade. Fascia. A projecting flat horizontal member or molding, also part of a classical entablature. Focal Point. (See Visual Termination). Frontage Line. The property line adjacent to the street. In the case of a comer lot, that part of the lot having the narrowest frontage on any street shall be considered the frontage line unless otherwise indicated on an approved final plat. 6 I I I I Frontage Place. A permanent public or private way situated parallel to a street in order to provide access to one or more lots. Gable. That part of the end wall of a building between the eaves and a pitched or gambrel roof. Gateway. A principal point of entrance into the Village Center. Governmental Entity. The City of Carmel or County of Hamilton, as applicable Gross Residential Density. The number of dwellings (exclusive of accessory dwellings) in relation to the total land area in the District or such lesser area as may be designated. Home-based Office. An office incorporated in or attached to, or located on the same lot as, a single-family detached dwelling from which a business activity is conducted on a substantially regular basis; does not include an office used irregularly as a secondary facility away from a principal place of business and is not a home occupation for purposes of this Ordinance. Home-based Office Area. The Primary Area (MU). Human Scale. The relationship between the dimensions of a building, structure, street, open space, or streetscape element and the average dimensions of the human body. Independent Living Facility. Congregate living facilities which are designed for the elderly or disabled who do not require health and support services, such as medical and nursing care, central dining and transportation service, located on site. Each living unit may be self-contained and is physically accessible to elderly or disabled persons. Distinguished from apartment building(s) by the provision of some communal services. Inn. A building or buildings containing individual rooms or suites for the purpose of providing temporary lodging facilities to the general public for compensation, with meals, and which has facilities for reservations and cleaning services, combined utilities and on-site management and reception services. Landscape Plan. The general design for landscaping in the District included as part of the Development Plan. Landscaping. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials and associated structures and improvements. Large Lot. A lot having a width at the build-to line of 70 feet or greater measured along such line. Large Maturing Tree. A tree whose height is normally greater than 30 feet at maturity. 7 I I I I I Maintenance Easement. A perpetual easement not less than three feet in width affording the benefited person the right to enter on the land encumbered by the easement for the purpose of undertaking maintenance, repair or rebuilding of a structure located on the lot owned by the benefited person. Masonry. Wall building material, such as brick or stone, which is laid up in small units. Massing. The three-dimensional bulk of a structure: height, width, and depth. Meeting House. The community building located in the Village Center and depicted on the Development Plan. Mixed Use. The combination of both commercial and residential uses, either rental or owner- occupied, within a single building of two or more stories. Modification. A change to the Development Requirements approved pursuant to Section 4. Modified Grid Street Pattern. An interconnected system of streets which is primarily a rectilinear grid in pattern, modified in street layout and block shape as to avoid a monotonous repetition of the basic streetlblock grid pattern. Open Space. A parcel, or parcels, of land, an area of water, or a combination of land and water, including flood plain and wetland areas within the Development designed and intended for the use and enjoyment of some or all of the residents of the Development and, where designated, the community at large. Except as otherwise provided herein, common open space does not include any area which is divided into building lots, Village Center Blocks, streets (except the landscaped medians of boulevards), rights of way (except tree lawns) or parking lots. The area of parking facilities serving the activities in the open space and paths or sidewalks located therein may be included in the required area computations. Owners Association. An Indiana non-profit corporation whose members are owners of lots in the District. Parking Lot. An area, not within a building, where more than six motor vehicles may be parked for the purposes of temporary, daily or overnight off-street parking. Parking Lot, Large. A parking area containing 36 or more parking spaces. Parking Lot, Small. A parking area containing 35 or fewer parking spaces. Parking Space. An area permanently reserved for the temporary parking of one motor vehicle and connected to a street or alley. Parking Structure. A structure designed to accommodate the parking of more than five (5) motor vehicles. 8 I I I I Passages. Ways upon which Commercial Structures front which afford access from a Common Parking Lot to a Village Street or Boulevard (as defined in Sections 10-8 and 10-9 of this Ordinance). Path. A paved or otherwise cleared way intended as a jogging trail or a bikeway located in open space, an easement or a right-of-way. Peripheral Retail Area. That part of the District lying south and west of the intersection of 131 st Street and Towne Road as more particularly delineated on the Development Plan. Peripheral Retail Design Guidelines. The Design Vocabulary applicable to commercial structures located in the Peripheral Retail Area. Permitted Dwellings. The aggregate number of dwellings (exclusive of accessory dwellings) which may be constructed in the District without exceeding the gross residential density limitations for the District set forth in Section 7 of this Ordinance, whether or not actually constructed. Pilaster. A column partially embedded in a wall. Phase. Any land area, whether platted or unplatted, building or buildings designated by the Developer in an application for approval of a plat or issuance of an improvement location permit. Portico. An open sided structure attached to a building sheltering an entrance or serving as a semi-enclosed space. Premises Identification. The common street address of a building displayed in numerals. Primary Area. That part of the District more particularly delineated on the Development Plan as the "Primary Area." The Primary Area consists of three sub areas: Primary Area (MU), Primary Area (RU) and Primary Area (SH) Primary Area (SH). That part of the Primary Area delineated on the Development Plan and containing primarily senior housing. Primary Area (MU). That part of the Primary Area delineated on the Development Plan as "Primary Area (MU)" and containing mixed uses. Primary Area (RU). That part of the Primary Area delineated on the Development Plan as "Primary Area (RU)" and containing primarily residential uses. Principal Streets. Towne Road, 131st Street, Broad Street, Meeting House Road, Horseferry Road and Glebe Street. Proportion. The relationship or ratio between two dimensions, e.g. width of street to height of building wall, or width to height of window. 9 I I I I I Public Viewshed. That which is reasonably visible, under average conditions, to the average observer from a street, civic space or open space. Recreational Building. A building containing meeting or other facilities located in a recreational space and intended for use in connection with the enjoyment of recreational space. Recreational Space. An area of land or combination of land and water resources for public or private use that is developed for active and/or passive recreational pursuits with various manmade features that accommodate such activities. Such areas may constitute open space or CIVIC space. Rowhouse. (See Townhouse). Secondary Area. That part of the District lying beyond the Primary Area as more particularly delineated on the Development Plan. Senior Housing. Congregate housing for the elderly. Shared Parking Area. A parking lot located within 400 feet of the buildings whose owners, occupants or visitors have a legally enforceable right to the use thereof established by a recorded reciprocal access agreement, joint operating agreement or Declaration. Sidewalk. A paved walkway provided for pedestrian use. If located at the side of a road within a right-of-way, it may be separated from the cartway by a tree lawn. Sidewalk Display. The outdoor display of merchandise for sale by a commercial establishment. The displayed merchandise must be similar to the merchandise sold within the establishment. Sight Triangle. The triangular area formed by the point of intersection of (a) street right-of-way lines, or in the case of a rounded property comer, the street lines extended, or a right-of-way line and an alley or driveway and (b) a point located along each right-of-way line (or an alley or driveway) at a distance from the point of intersection equal to the greater of (i) the posted speed limit for such street (e.g., 35 if the posted speed limit is 35 m.p.h.) or (ii) 25 feet. Sign Area. The area of a sign is the area that encompasses all lettering but excludes structural support or architectural design elements. The gross sign area of a sign with back-to-back identical lettering mounted on the same structure is the total sign area on one (1) side of the sign. For this purpose, "lettering" includes any commercial logo. Sign, Comer. A projecting sign located on the comer of a commercial building, the signboard of which is equally visible from each right-of-way which creates the comer. Sign, Icon. A sign that illustrates, by its shape and graphics, the nature of the business conducted within. 10 I I I I Sign Traffic. A sign directing traffic movement into or within the district, the wording, shape and graphics of which shall, to the extent applicable, comply with the "Manual of Uniform Traffic Control Devices" or as approved by the Governmental Entity. Sign Fascia. The vertical surface of a lintel over a storefront which IS suitable for sIgn attachment. Sign Ordinance. Carmel/Clay Sign Ordinance, Z-302, as amended. Small Lot. A lot having a width at the build-to line of less than 70 feet. Small Maturing Tree. A tree whose height is normally less than 30 feet at maturity. Specimen Tree. Any tree with a caliper of 18 inches or more. Story. A habitable level within a building no more than 16 feet in height from floor to ceiling. A basement, although wholly or partially habitable, is not a story unless more than 50 percent of the basement elevation is above grade at the build-to line. Street Furniture. Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards, and removable enclosures. Streetscape. The built and planted elements of a street which define its character. Subdivision Control Ordinance. Carmel/Clay Subdivision Control Ordinance, No. Z-160, as amended. Texture. The exterior fmish of a surface, ranging from smooth to course. Threshold Elements. Porches, stoops, stairs, balconies, eves, cornices, loggias, arcades, chimneys, awnings, doors and windows which are placed at or near the build-to line, a side yard line or a rear yard line and interface between the main body of the building and the street andlor a property line. Townhouse. Two or more dwellings, arranged side by side, separated by common walls, each having more than one story. Tree Lawn. A planting area located within or adjacent to the public right-of-way, typically located between the curb and the sidewalk, and planted with ground cover and trees. Trustees' Hall. The building intended for use by the Owners Association depicted on the Development Plan. Vertical Dwelling. More than two dwellings placed on top of each other. Vertical dwellings which are developed as condominiums are excluded from the definition of apartments. 11 I I I I I Viewshed. (See Public Viewshed). Village Center. The focal point of the Development within the Primary Area containing the major civic and commercial space consisting of Blocks A through G and Lots 406 through 411 as more particularly delineated on the Development Plan. Village Center Block. Each of Blocks A, B, C, D, E, F and G and Lots 406 through 411 (as a group), as depicted on the Development Plan. Village Center Loft. A dwelling located in a mixed-use structure. Visual Termination. A point, surface, building, or structure terminating a vista or view, often at the end of a straight street or coinciding with a bend. Visually Impervious. A buffering or screening device which blocks the view to or from adjacent sites by a discernible factor of at least 80 percent. Zoning Ordinance. Carmel/Clay Zoning Ordinance Z-289, as amended from time to time. Section 4. Modification of Development Requirements. 4.1. The Commission may, upon petition of the Developer, modify any Development Requirements specified in this Ordinance other than those relating to the uses authorized in Sections 5 and 6. 4.2. Modification of the Development Requirements requested by the Developer may be approved by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which approves or denies any requested modification may be appealed by the Director or any interested party (including the Developer) to the Commission, also in accordance with the Commission's Rules of Procedure. 4.3. Any proposed modification of the Development Requirements shall comply with the following guidelines: A. The modification shall be In harmony with the purpose and intent of this Ordinance. B. The modification shall not have an adverse impact on the physical, visual, or spatial characteristics of the Development. C. The modification shall not have an adverse impact on the streetscape and neighborhood. 12 I I I I I D. The modification shall not result in configurations of lots or street systems which shall be unreasonable or detract materially from the appearance of the Development. E. The modification shall not result in any danger to the public health, safety, or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air, or by violating the other purposes for which this Ordinance was enacted as set forth in Section 1. F. The minimum lot size of any lot to be created shall not be reduced below the requirements of this Ordinance. 4.4. This Ordinance contains Development Standards, which are normative and set forth specific requirements, and Development Guidelines, which suggest preferred solutions and are only indicative. When applying the Development Standards and the Development Guidelines, the Commission shall carefully weigh the specific circumstances surrounding the modification petition and strive for development solutions that promote the spirit, intent and purposes of this Ordinance. 4.5. If the Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse impact on development in the District, it shall grant a modification of the Development Requirements. In granting modifications, the Commission may impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of this Ordinance. Section 5. Permitted Principal Uses. 5.1. Primary Area (MU). The following uses are permitted in the Primary Area (MU) or parts thereof, subject to the applicable Development Standards. A. The following residential uses: (l) detached dwellings (2) attached dwellings (3) apartments (4) accessory dwellings (5) Village Center lofts (6) Vertical dwellings B. Recreational developments or facilities owned or operated by an Eligible Title Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds and other recreational spaces, and recreational buildings. C. Civic uses. D. The following commercial uses: 13 I I I I (1) financial institutions, including drive-through banking facilities (provided such are located at the rear of a lot) and exterior ATMs. (2) offices, including general offices, professional offices and real estate offices. (3) retail sales of goods and services permitted in the B-5 and B-7 Districts except those described in Section 23B.5 of the Zoning Ordinance (as in effect on January 1, 1999) unless otherwise permitted by this Ordinance or by the Commission. (4) restaurants, except drive-through facilities. (5) clinics or medical health centers. E. Agricultural uses, except agri-business structures. F. Public, semi-public and private recreational uses except shooting gallery, but including bowling alley and/or billiard parlor if approved by the Commission. G. Bed and breakfast establishment, having not more than 10 bedrooms or suites each of which is not less than 200 square feet. H. Inns, having not more than 100 bedrooms or suites each of which is not less than 200 square feet, provided that, unless authorized by the Commission, no such inns shall be permitted in that part ofthe District lying west of Towne Road. No more than one (1) bed and breakfast establishment and one (1) inn may be located in the Primary Area (MU) without the approval of the Commission. 5.1.1 Primary Area (RU). The following uses are permitted in the Primary Area (RU) or parts thereof, subject to the applicable Development Standards. A. The following residential uses: (1) single-family detached dwellings (2) attached and vertical dwellings (not exceeding four family use) (3) accessory dwellings B. Recreational Developments or facilities owned or operated by an Eligible Title Holder, including clubhouses, parks, pools, ball fields, ball courts, playgrounds and other recreational spaces, and recreational buildings. C. Agricultural uses, except agri-business structures. 5.1.2. Primary Area (SH). The following uses are permitted in the Primary Area (SH) or parts thereof, subject to the applicable Development Standards: A. The following residential uses: (1) single-family detached dwellings (2) attached dwellings 14 I I I I (3) accessory dwellings (4) senior housing (5) vertical dwellings B. Recreational developments or facilities owned or operated by an Eligible Title Holder, including clubhouses, parks, pools, ball fields, ball courts, playgrounds and other recreational spaces and recreational buildings. C. Civic uses D. Commercial uses ancillary to congregate housing and intended primarily for the use of visitors to and residents of congregate housing. E. Agricultural uses, except agri-business structures. 5.2. Secondary Area. The following uses are permitted in the Secondary Area: A. Large lot single-family detached dwellings. B. C. Accessory dwellings. Recreational developments or facilities owned or operated by an Eligible Title Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds and other recreational spaces, and recreational buildings. D.. Agricultural uses, except agri-business structures. E. Churches or other places of worship, but only if located in that part of the Secondary Area described in Exhibit B. 5.3. Peripheral Retail Area. The following uses are permitted in the Peripheral Retail Area: A. The following commercial uses: (1) financial institutions, including drive-thru teller service and exterior A TMs (2) restaurants or fast food operations, including drive-thru window service (3) grocery store (including customary ancillary uses such as flower shop and bakery), including drive-thru window service (4) drug store, including drive-thru window service (5) the sale of gasoline and other petroleum products exclusive of liquefied petroleum gas and, as an accessory use only, the polishing, greasing, washing or other cleaning, servicing or repairing of motor vehicles provided such services are rendered within a fully enclosed service bay or shielded from view from adjacent properties. Automobile body repairs are not permitted. (6) convenience store (with or without gas sales) 15 I I I I (7) convenience market (8) package liquor store (9) garden shop (10) video sales or rental (11) hardware store (12) sale of coffee, ice creams, baked goods and/or prepared foods for consumption on or off the premises, including drive-thru window service (13) any commercial use permitted in the Village Center if, upon recommendation of the Plan Commission, the Council by resolution approves such other use, including the permitted uses approved on June 1, 2009, per Resolution CC- 06-01-09-01 B. Civic Uses (a) Offices, including general offices, professional offices and real estate offices (b) Clinics or medical health centers (c) Art gallery (d) Apparel shop (e) Barber shop (f) Beauty shop (g) Bicycle shop (h) Bookstore (i) Business and electronic machines and equipment sales (j) Camera shop (k) Carpet and rug store (I) China and glassware store (m) Craft and hobby shop (n) Flower shop (0) Furniture store (P) Furrier shop (q) Gift shop (r) Greeting card shop (s) Luggage store (t) Music store (u) Office supply store (v) Optician and optical sales (w) Paint and wallpaper sales (x) Pet shop (y) Picture framing shop (z) Shoe store (aa) Shoe repair shop (bb) Sporting goods store (cc) Stationer (dd) Toy store (ee) Variety store 16 I I I I I C. All residential uses permitted in the Primary Area (MU). D. Agricultural uses, except agri-business structures. Section 6. Permitted Accessory Uses. The following accessory uses are permitted in the District, subject to the applicable Development Standards and obtaining all required permits: 6.1. Accessory uses, buildings or structures (including home occupations), subject to the following conditions: A. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced; and no accessory building shall be used unless the main building on the lot is also being occupied for the intended purposes. However, nothing shall prevent the use of a temporary construction facility for the storage of tools, material and equipment by a contractor during building construction. B. No residential accessory building may be erected in front of a main building, or in the required front yard on the side of a corner lot, unless the accessory building is attached to the main building by a common wall. C. A private residential garage or accessory building shall not exceed the living area of the primary structure. The combined square footage of the residence, garage and accessory building shall not exceed the maximum lot coverage allowed. D. E. A private swimming pool shall comply with the requirements of Section 5.0(d)(2) of the Zoning Ordinance. A private tennis court shall comply with the requirements of Section 5.0(d)(3) of the Zoning Ordinance. F. Accessory lighting on a residential lot shall not cause illumination at or beyond any lot line in excess of 0.1 foot candles oflight. G. No private radio or television reception or transmitting tower or antenna shall be located within 10 feet of a power transmission line. Satellite receiving antennas shall comply with the requirements of Section 25.0(1) of the Zoning Ordinance. H. No home occupation shall be permitted without the prior consent of the Department and a permitted home occupation shall comply with all applicable requirements of the Zoning Ordinance. 17 I I I I 6.2. In the Home-based Office Area only, home-based offices, subject to the following conditions: A. The home-based office is (i) located in or attached to a single family detached dwelling or (ii) located in a detached accessory building or garage typically associated with such a dwelling. B. Medical, dental and real estate offices are not permitted as home-based offices. C. Retail sales of goods may not be made from a home-based office. D. E. F. In addition to the family occupying the dwelling to which the use of the home- based office is accessory, there shall not be more than three outside employees in the home-based office. The employees and clients shall park in on-street curbside parking spaces or in a rear or side yard parking area and shall not park in the driveway forward of the front facade of the dwelling. Signage is limited to one wall-mounted sign with a sign area not exceeding three square feet. G. The home-based office shall not exceed 1,000 square feet or 30 percent of the total square footage of the dwelling if attached to or incorporated in the dwelling; if located in an accessory building, the home-based office shall not exceed 1,000 square feet. H. No outside storage or outside display is permitted. I. All exterior aspects of the home-based office operation shall be consistent with the residential character of the neighborhood. 6.3 In the Peripheral Retail Area, all accessory buildings and uses that are permitted by the Zoning Ordinance with respect to uses specified in Section 5.3. Section 7. Residential Development. 7.1. The gross residential density in the District exclusive of 216 units of Senior Housing and 43 Village Center lofts shall not exceed 2.1 dwellings per acre and the gross residential density in the Secondary Area shall not exceed 1.3 dwellings per acre. 7.2. Upon completion of the Development, the number of single family detached dwellings in the District shall be at least 50 percent of the number of Permitted Dwellings (exclusive of senior housing). 18 I I I I 7.3. Apartment houses may be located only in the Village Center. Without the approval of the Commission, apartments (exclusive of accessory dwellings) shall not constitute more than 16.52 percent of the number of Permitted Dwellings. 7.4. A mix of dwelling types may be distributed throughout the Primary Area. Different dwelling types may be mixed in any distribution within any single block. 7.5. Only large lot single-family detached dwellings and accessory dwellings shall be permitted in the Secondary Area. Lots abutting the north property line of Claridge Farm or the right-of-way of Hoover Road between the north and south property lines of Claridge Farm shall be not less than 15,000 square feet in area. 7.6. Buildings in the Primary Area and the Peripheral Retail Area shall be designed in conformance with the Design Vocabulary. 7.7. Accessory dwellings shall be limited to 1,000 square feet in floor area. A detached accessory dwelling may be housed in a building containing only the dwelling or in a building which contains the dwelling with garage, workshop, studio, home based office or similar use. There shall not be more than one accessory dwelling located on a lot in addition to the single family dwelling. An attached accessory dwelling shall be subordinate to the principal structure characterized at a minimum by a lower ridge line. 7.8. Each apartment or owner-occupied dwelling in a mixed use structure or an apartment house shall be a minimum of 725 square feet in gross floor area. 7.9. Front yards of attached dwellings may be unified into one common yard treated as a single front yard for the entire building. 7.10. A maintenance easement shall be provided on a lot adjacent to a zero-lot line detached dwelling. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of two feet, but the roof shall be so designed that water runoff from the zero-lot line dwelling is limited to the easement area. 7.11. A dwelling may be utilized as a staffed model, including temporary sales office, during the course of build-out of the Development, subject to the parking and signage requirements of Sections 16 and 18. A Certificate of Occupancy shall be required before the model is placed in service. Section 8. Commercial Development. 8.1. Commercial and mixed use structures (exclusive of those associated with senior housing) shall be located only in the Village Center and the Peripheral Retail Area. Commercial and mixed use structures associated with senior housing are permitted in the Primary Area (SH). 19 I I I I 8.2. Without the approval of the Commission, the aggregate square footage of commercial space in mixed use or commercial structures in the Village Center and Peripheral Retail Area shall not exceed 274,800 square feet, of which not more than 100,000 square feet shall be located in the Peripheral Retail Area. 8.3. Not more than one (1) fast food restaurant shall be permitted in the Peripheral Retail Area. The architectural design, landscaping, signage and drive-thru stacking lane of a fast food restaurant shall be subject to approval by the Commission in accordance with the procedure specified in Section 8.12. For the purposes of this Section 8.3, "fast food restaurant" means a restaurant offering drive-thru window service where the food order is placed on site from a menu board. 8.4. Without the approval of the Commission, no restaurant located in the Peripheral Retail Area shall be open for business between the hours of 11:01 p.m. and 6:00 a.m. except that the closing time may be extended from 11:01 p.m. to 12:00 a.m. on Friday and Saturday nights. 8.5. Commercial uses may be mixed and integrated with dwellings and civic uses within the Village Center, Peripheral Retail Area and Primary Area (SH). 8.6. Commercial uses in the Village Center, Primary Area (SH) and Peripheral Retail Area may be contained in single~story or multi-story structures. Multi-story structures may contain mixed uses 8.7. Restaurants in the Village Center and Peripheral Retail Area shall be permitted to operate outdoor cafes on sidewalks and in courtyards, provided that pedestrian circulation and access to store entrances are not impaired. An open pedestrian way of less than three (3) feet shall constitute impairment. Immediately adjacent to the handicap ramp connecting a street to a sidewalk or a path, a pedestrian way of no less than five (5) feet in width shall be provided. 8.8 Retail establishments in the Village Center shall be permitted to have sidewalk displays of retail merchandise. 8.9. A landscaped buffer of not less than 30 feet in width shall be established and maintained along the north, east and west boundaries of the Peripheral Retail Area as depicted on the Landscape Plan. Such buffer shall constitute community area and shall be maintained by an owners association. Landscaping shall meet the standards established by the Commission for buffer yard "D" in Section 26.04.05 of the Zoning Ordinance. 8.10 The buffer and landscaped planting area required by Section 8.9 may be penetrated by side walks, paths and entrance drives from adjacent roads as depicted on the Development Plan. 8.11. Buildings in the Peripheral Retail Area shall be designed in conformance with the Peripheral Retail Area Design Guidelines. 8.12. Unless the Department determines that such structure is depicted on the Development Plan in substantially the form and style to be constructed, Commission approval of the 20 I I I I architectural design of the structure in accordance with the Commission procedures for ADLS Amendment review shall be necessary prior to the (i) establishment of any commercial structure in the Peripheral Retail Area; (ii) issuance of any Improvement Location Permit for a commercial structure in the Peripheral Retail Area; (iii) erection, reconstruction or external architectural alteration of any commercial structure in the Peripheral Retail Area; or (iv) the changing of any site improvements pertaining to a commercial structure in the Peripheral Retail Area. In considering an application therefor, the Commission shall determine whether the proposed structure substantially complies with the Development Requirements and the applicable Design Vocabulary. If the Commission determines that it does, it shall approve the application for ADLS approval. If the Commission denies the application for ADLS approval, it shall specifically detail in writing the basis for its belief that the proposed use or structure does not comply with the Development Requirements and the applicable Design Vocabulary. An applicant who has been denied may immediately apply for ADLS approval of a new plan for the structure. A decision regarding ADLS approval or denial may be made by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which approves or denies any requested modification may be appealed by the Director or any interested party (including the Developer) to the Commission, also in accordance with the Commission's Rules of Procedure. 8.13 Not more than five (5) buildings in the Peripheral Retail Area shall include drive-thru service. Section 9. Blocks. 9.1. The following standards and guidelines apply to blocks within the Primary Area: A. Except as otherwise depicted on the Development Plan, streets shall be designed to create blocks that are generally rectilinear in shape, a modified rectilinear shape, or other distinct geometric shape, except where topographic or other conditions necessitate a different configuration. Generally, blocks (other than Village Center Blocks) should be designed to have a maximum length of 600 feet unless bisected by an alley or pedestrian way. Alleys shall be permitted to bisect blocks. B. The lots in each block shall be designated with a build-to line set forth on the Secondary Plat or in another recorded instrument which shall establish the front yard setback for the lots on the block. The build-to line shall not be closer to the frontage line than the build-to line for the proposed uses established in Section 15. A minimum of 70 percent of all buildings on the block shall sit back no further than the build-to line, with the remaining 30 percent allowed to vary by being further setback no greater than 75 percent of the distance from the frontage line to the build-to line for residential or no further than the maximum setback for commercial uses. Buildings shall be allowed to come forward of the build-to line by no greater than 25 percent of the distance between the frontage line and the 21 I I I I build-to line for residential structures and 50 percent of such distance for other buildings. C. In order to eliminate the appearance of a standardized subdivision, lots are not required to be uniform in size. 9.2. Except as otherwise depicted on the Development Plan, blocks in the Secondary Area shall conform to the requirements of Section 6.4 of the Subdivision Control Ordinance. 9.3. Village Center Blocks may be utilized for any use permitted under Sections 5.1, 5.1.1 and 6. 9.4 Commercial Blocks may be utilized for any use permitted under Section 5.3. Section 10. Streets. 10.1. Subject to the last sentence of this Section 10.1, the street layout and type (including rights-of-way, cartways and curbing) within the District shall be as indicated on the Development Plan, adapted as appropriate to the topography, unique natural features and environmental constraints of the site. The street layout shall take into consideration the location of the community focus, other open space areas, gateways, and vistas. Streets shown on the Development Plan may be eliminated or relocated as part of an approved final plat to consolidate blocks for development as long as there is no materially adverse impact on the flow of traffic within the District. 10.2. Intentionally omitted 10.3. The street layout in the District may incorporate one or more of the street types described on Table 10.3. 10.4. Alleys are ways which conform to the following requirements: A. Minimum width of alley: See Table 10.3 B. Minimum width of cartway: See Table 10.3 C. Curbing is not required except at corners of intersections with other street types. At such corner locations, curbing shall be required for the corner radius to the path or sidewalk paralleling the intersecting street. A concrete apron may serve as point of termination for the curb. D. Utilities may be located within alleys. E. An alley shall be a perpetual easement or private way and shall not be dedicated to the public. 22 I I I I 10.5. Closes incorporate streets which conform to the following requirements: A. Minimum right-of-way width: See Table 10.3 B. Minimum width of cartway: See Table 10.3 C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is permitted. D. Open space between cartways shall not be less than 20 feet. E. Closes shall not exceed 600 feet in depth from the nearest street providing through access. Table 10.3 Village of West Clay Street Types Street Designation Label ROW Cartway Design Design CL Stop Curb Types ADT Speed Radius Sight Radius Distance Alley Alley AL-20 20 12 <350 5 10 50 5 Frontage Alley AL-20P 20 16 <350 5 25 50 15 Place Closes Alley AL22-P 22 18 <350 5 25 50 15 Passage Alley AL-34P 34 18 <350 10 25 50 15 s Drive Road RD-50P 50 24 <5,000 20 90 110 15 Street Street ST-50P 50 24 <10,000 20 90 110 15 Corridor Village Avenue AV-50P 50 24 <15,000 20 90 110 15 Street Blvd. Blvd. BV-60P 60 Per Sec <15,000 20 150 150 20 10.9 10.6. Frontage places are streets which conform to the following requirements: A. Minimum right-of-way width: See Table 10.3 B. Minimum width of cartway: See Table 10.3 C. Curbing is not required. 23 I I I I D. An open space (which may be located in the right-of-way) at least 10 feet in width shall separate the frontage place from the parallel street cartway. E. Frontage places shall be neither less than 250 feet nor in excess of 800 feet in length between parallel street access points except where the total length of the frontage place is less than 250 feet. 10.7. Passages are streets which conform to the following requirements: A. Minimum right-of-way width: See Table 10.3 B. Minimum width of cartway: See Table 10.3 C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is permitted. 10.8. Village streets, street corridors and drives are streets which conform to the following requirements: A. Minimum right-of-way width: See Table 10.3 B. Minimum width of cartway: See Table 10.3 C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is permitted. 10.9. Boulevards are streets which conform to the following requirements: A. B. C. Minimum right-of-way width: See Table 10.3 Width of cartway: two cartways, each 12 to 32 feet wide, on either side of a tree lawn a minimum of 8 feet in width. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is permitted. 10.10. No planting, structure, sign, fence, wall, man-made berm, or other obstruction to vision shall be installed, constructed, set out, or maintained so as to obstruct cross-visibility in the sight triangle between 30 inches and 72 inches above the level of the center of the street intersection, except that the limitations of this section shall not apply in the instances noted below, so long as adequate visibility is maintained relative to intended speed limit: A. existing natural grades; B. trees trimmed such that no limbs or foliage extend into the area between 30 and 72 inches above the level of the adjacent intersection; 24 I I I I I C. fire hydrants, public utility poles, street markers, government signs, electrical junction boxes, and traffic control devices; D. buildings located in the Primary Area or the Peripheral Retail Area; E. the approved and intentional use of traffic calming techniques to reduce speed; these include, but are not limited to: a series of hill crests, intersection diverters, and curb bulbs. 10.11. The minimum street grade shall be 0.50 percent and the maximum street grade shall be seven percent. 10.12. With the approval of the Commission, streets within the District may be private. 10.13. All streets within the District which are to be dedicated for public use and accepted for maintenance by the City of Carmel or the Board of Commissioners of Hamilton County shall be constructed to the standards of the City of Carmel or the Hamilton County Highway Department, as applicable at the time of construction, for depth and materials. 10 .14. All streets in the District which do not conform to the requirements for the street types permitted by this Ordinance shall comply with the requirements of the Subdivision Control Ordinance. 10.15. A street may be separated from another street by an "eyebrow" median. An eyebrow is a variation of a close, with a less pronounced "U", and shall conform to the design guidelines for alleys. 10.16. Diagonal parking is permitted if the right-of-way allocated thereto is not less than 18 feet wide and the adjacent cartway is not less than 12 feet wide. 10.17. The area of the right-of-way allocated to parking, cartway and tree lawn area (or median) may vary along the length of a boulevard. Section 11. Open Space. 11.1. Not less than 20 percent of the land in the District shall be allocated to and shall remain in open space in perpetuity. Open space shall be restricted by a Declaration to prohibit future subdivisions or development. Open space shall be used for social, recreational, and/or environmental preservation purposes. The uses authorized must be appropriate to the character of the open space, including its topography, size, and vegetation. 11.2. Open space in the District shall generally be of the size and configuration and in the locations depicted on the Development Plan. 25 I I I I 11.3. Open space containing existing attractive or unique natural features, such as streams, creeks, ponds, woodlands, specimen trees, and other areas of mature vegetation worthy of preservation shall generally be left unimproved and in a natural state. The Developer may make improvements such as the cutting of trails for walking or jogging, the provision of picnic areas, removal of dead or diseased trees, thinning of trees or other vegetation to encourage more desirable growth, and grading and seeding. 11.4. Open space may be used for public and semi-public recreation, social and educational purposes. 11.5. Recreational and civic buildings, structures, and improvements (for example, the Meeting House, Trustees Hall, picnic structures, ballfields, playground equipment and gazebos) may be constructed in the open space. 11.6. An Owners Association shall establish a reserve fund for the maintenance and repair of the open space to which it has title and shall maintain such fund at an amount which is reasonable in relationship to anticipated expenditures. Section 12. Civic Space. 12.1. Civic spaces in the Primary Area shall be located primarily in and adjacent to the Village Center. 12.2. University Green and the Meeting House Green shall be developed as civic space. 12.3. Parking for civic buildings shall utilize on-street parking to the extent possible. If additional off-street parking is required, it shall be located in the rear or to the side of the civic building and screened from the viewshed of the street, or accommodated in off-site parking facilities complying with Section 16. 12.4. The lawn, plaza or courtyard surrounding a civic building may also qualify as open space. Section 13. Recreational Space. 13.1. Not less than two percent of the Development or 450 square feet per dwelling (exclusive of accessory dwellings and assisted living units) in the Development shall be dedicated as recreational space. 13.2. Recreational space may be distributed throughout the District. 13.3. Paths shall constitute recreational space. 26 I I I I I 13.4. A private recreational development or facility shall constitute recreational space if the use thereof is generally available to residents of the District upon payment of a membership or use fee. 13.5. Recreational space may include ball fields and ball courts, pools and other recreational facilities, whether or not enclosed in buildings. 13.6. Recreational space shall not include any recreational facility located entirely on a residential lot. 13.7. Recreational space may also qualify as open space Section 14. Sidewalks and Paths. 14.1. Sidewalks shall be provided on both sides of all streets in the District other than alleys, closes and frontage places, and on one side of closes and frontage places, unless otherwise shown on the Development Plan and except that: (a) a paved pathway on one side only of Meeting House Road from Hoover Road to Colfax Circle may be substituted for otherwise required sidewalks and (b) if an open space abuts a street, a path in such open space may be substituted for a sidewalk. A sidewalk shall be provided on the side of the cartway within a close or adjacent to that side of a frontage place upon which lots front. The pedestrian circulation system within the Primary Area shall include gathering/sitting areas and provide benches, landscaping, and other street furniture where appropriate. 14.2. Sidewalks shall be a minimum of four feet in width in predominantly residential areas; sidewalks along commercial structures in the Village Center and in the Peripheral Retail Area shall be a minimum of eight feet in width. Sidewalks in the Village Center shall be constructed of brick, slate, colored/textured concrete pavers, concrete, concrete containing accents of brick, or some combination thereof or reasonable alternatives thereto that are compatible with the style, materials, colors, and details of the surrounding buildings. The functional, visual, and tactile properties of the paving materials shall be appropriate to the proposed functions of pedestrian circulation. 14.3. Paths shall be provided, where feasible, to link open space areas. Paths shall be a minimum of six feet wide and shall be surfaced, paved or improved with materials approved as part of the secondary plat process. 14.4. Bike racks shall be provided in the Village Center, the Peripheral Retail Area and in community areas located elsewhere in the Development. 14.5. Sidewalks in the Primary Area and the Peripheral Retail Area may be penetrated by tree lawns and/or planting areas. 27 I I I I Section 15. Area and Bulk Regulations. 15.1. Large lot single family detached dwellings in the Primary Area and outside o/the Village Center. A. B. C. D. E. F. G. Minimum lot area: 8,400 square feet Minimum lot width at build-to line: 70 feet Minimum lot depth: 120 feet Minimum yard dimensions Build-to line: 20 feet unless otherwise specified on an approved final plat Front yard: minimum of 10 feet Side yard: minimum of 5 feet per side; aggregate 15 feet Rear yard: 20 feet (12 feet if access is available from an alley) Maximum building height: 35 feet Maximum building coverage: 50 percent Garage required 15.2. Large lot single family detached dwellings in the Secondary Area shall comply with the area and bulk regulations established for the R-2 District in the Zoning Ordinance, except as provided in Section 7.5 of this Ordinance and except as follows: A. B. C. D. E. F. G. Minimum lot width at the building setback line: 70 feet. Maximum building height: 35 feet. Minimum front yard: 20 feet. Minimum rear yard: 20 feet (12 feet if access is available from an alley) Maximum building coverage: 50 percent. Minimum ground floor area for a one-story dwelling: 2,000 square feet. Minimum ground floor area for a two-story dwelling: 1,200 square feet. 15.3. Small lot single family detached dwellings outside o/the Village Center. A. B. C. D. E. F. G. Lot area: a minimum of 3,500 square feet Lot width at build-to line: minimum of 32 feet and a maximum of 69 feet Minimum lot depth: 90 feet Yard dimensions: Build-to line: 10 feet unless otherwise specified on an approved final plat Front yard: minimum of 0 feet; maximum of 25 feet Side yard: Aggregate 20 percent of the width of the lot at build-to line; minimum (one side only) of3 feet Rear yard: 12 feet Maximum building height: 30 feet Maximum building coverage: 60 percent Garage required; alley required 28 I I I I 15.3.1. Senior housing detached dwellings. A. Lot area: a minimum of3,000 square feet B. Lot width at the build-to line: a minimum of 30 feet C. Minimum lot depth: 80 feet D. Yard dimensions: Build-to line: 10 feet unless otherwise specified on an approved final plat Front yard: minimum of 0 feet; maximum of 20 feet Side yard: aggregate 20 percent of the width of the lot at build-to line; minimum (one side only) of 3 feet. Rear yard: minimum of20 feet (12 feet if access is from an alley). E. Maximum building height: 30 feet F. Maximum building coverage: 60 percent G. Garage required; alley optional 15.3.2. Congregate Housing in the Primary Area (SH) A. Lot area: a minimum of 15,000 square feet B. Lot width at the build-to line: a minimum of 100 feet C. Minimum lot depth: 150 feet D. Yard dimensions: Build-to line: 10 feet unless otherwise specified on an approved final plat or other recorded instrument. Front yard: minimum of 10 feet; maximum of 25 feet Side yard: 10 feet. Rear yard: 10 feet. E. Maximum building height: 40 feet F. Maximum building coverage: 90 percent G. All off--street parking must be interior to the building, in rear yards, screened side yards or in common parking lots complying with Section 16. 15.3.3. Single family detached dwelling in the Village Center A. Minimum lot area: 3,500 squarefeet B. Minimum lot width at the build-to line: 30 feet C. Minimum lot depth: 80 feet D. Minimum yard dimensions: Build-to line: 5 feet unless otherwise indicated on an approvedfinal plat Front yard: 5 feet Side yard: aggregate 12 percent of the lot width at the build-to line with a minimum (one side only) of 3 feet Rear yard: none E. Maximum building height: 50 feet F. Maximum building coverage: 80 percent G. Garage required 29 I I I I 15.4. Duplex. A. Lot area: minimum of 2,800 square feet per dwelling B. Lot width at build-to line: minimum of 30 feet per dwelling C. Minimum lot depth: 90 feet D. Yard dimensions Build-to line: 15 feet or as otherwise specified on an approved final plat Front yard: minimum of 0 feet and a maximum of 20 feet Side yard (one side only): minimum of 5 feet Rear yard: minimum of 20 feet (12 feet if access is available from an alley) E. Maximum building height: 30 feet F. Maximum building coverage: 50 percent G. Garage required; alley optional 15.5. Attached Dwellings Other Than Duplexes A. Lot area: minimum of 1,500 square feet per dwelling B. Lot width at build-to line: a minimum of 18 feet per dwelling and a maximum of 45 feet per dwelling C. Minimum lot depth: 70 feet D. Yard dimensions Build-to line: 10 feet or as otherwise specified on an approved final plat Front yard: a minimum of 0 feet and a maximum of 20 feet Side yard (each end of row): minimum of6 feet, maximum of25 feet Rear yard: a minimum of 20 feet E. Maximum building height: 40 feet F. Maximum building coverage: 60 percent G. Garage and alley required except as otherwise provided in Section 16.5. 15.6. Accessory Dwellings. A. Except as otherwise provided in this Ordinance, an accessory dwelling, whether attached to or detached from the principal dwelling, shall comply with the standards specified in this Section 15 for the principal dwelling. B. The maximum building height of an accessory dwelling is 30 feet if accessory to a large lot single-family detached dwelling or a townhouse and 25 feet if accessory to any other type of dwelling. 15.7. Apartment House. A. Minimum lot area: 3,600 square feet B. Lot width at build-to line: minimum of 30 feet C. Lot depth: a minimum of 100 feet D. Yard dimensions 30 I I I I Build-to line: 10 feet or as otherwise specified on an approved final plat Front yard: minimum of 0 feet and a maximum of 20 feet Side yard (each side): minimum of5 feet Rear yard: minimum of 20 feet unless located on a Village Center Block or adjacent to a common parking lot, in which event a minimum of7 feet E. Maximum building height: 40 feet F. Maximum building coverage: 60 percent G. Minimum apartment size: 750 square feet H. On site parking at rear of Lot required; supplemental screened side yard parking permitted 15.8. Commercial Uses, Mixed-Use and Vertical Dwelling Buildings in the Primary Area. A. B. C. D. E. F. G. Lot area: minimum of 1,000 square feet Lot width at build-to line: minimum of 25 feet Minimum lot depth: 40 feet Yard dimensions Build-to line (unless otherwise indicated on an approved final plat or in another recorded instrument): 5 feet Front yard: a minimum of 0 feet, a maximum of 20 feet Side yard: none Rear yard: a minimum of 20 feet unless abutting a common parking lot, in which event no rear yard is required Maximum building height: 50 feet Maximum building coverage: 100 percent All off-street parking must be to rear, in screened side yards or in common parking lots complying with Section 16. 15.8.1 Commercial uses in the Peripheral Retail Area. A. Lot area: minimum of 5,000 square feet B. Lot width at the build-to line: 50 feet C. Minimum lot depth: 100 feet D. Yard dimensions: Build-to line: 10 feet unless otherwise indicated on an approved final plat or in another recorded instrument. Front: 10 feet Side: 10 feet Rear: 10 feet E. Maximum building height: 40 feet F. On-site parking must comply with the requirements of Section 16.1 15.9. Civic Buildings (Exclusive of Day Care), Bed and Breakfast Establishments and Inns not located in a Community Area. A. Lot area: a minimum of 5,000 square feet 31 I I I I B. Lot width at build-to line: a minimum of 50 feet C. Minimum lot depth: 110 feet D. Yard dimensions E. F. G. Build-to line Community facilities, bed and breakfast establishments and inns: 15 feet Religious: 25 feet Institutional: 20 feet Front yard: minimum of 10 feet Side yard (each side): minimum of 15 feet Rear yard: a minimum of 20 feet unless abutting a common parking lot, in which event no rear yard is required Maximum building height: 50 feet if in the Village Center; otherwise, 45 feet. Maximum building coverage: 60 percent All required off-street parking must be in the rear yards, screened side yards or in common parking lots complying with Section 16. 15.10. Commercial Child Day Care and Elderly Day Care Facilities: as required by the Zoning Ordinance (exclusive of Section 25.0 thereof) to the extent not inconsistent with the specific provisions of this Ordinance. No front or side yard setback shall be required, but a rear yard of not less than 20 feet will be required unless abutting a common parking lot, in which event no rear yard is required. 15.11. Accessory buildings may be located in the rear yard and in the side yard behind the rear facade of the principal structure. Residential garages, whether attached or unattached to the principal dwelling structure, may be located in a rear yard if access thereto is afforded from an alley. An accessory building (including accessory dwellings) located in the Secondary Area may not exceed 25 feet in height. Accessory buildings (including accessory dwellings) located elsewhere in the District shall not exceed 35 feet in height. 15.12. Threshold elements may encroach into a front or side yard and shall not count against lot coverage limitations. In addition, architectural features such as cornices, eaves, bays, sills, belt courses, awnings, stoops, stairs, balconies, chimneys, gutters and fire escapes may encroach into an established or required yard up to (i) five feet if the lot is located in the Primary Area and (ii) three feet in the Secondary Area. 15.13. Lots may be consolidated as building sites, in which event the yard dimensions shall be applied to the consolidated building site and setbacks measured from the exterior lot lines of the consolidated building site. 15.14. Accessory uses such as public utility installations, private walks, driveways, retaining walls, mail boxes, nameplates, lighting fixtures, patios at grade, birdbaths and structures of a like nature are permitted in any required front, side or rear yard. 15.15. Where gasoline sales are permitted, pumps and light standards may be located in any yard. 32 I I I I 15.16. Fences and walls may be located in any yard subject to the provisions of Section 22. 15.17. Signs may be located in an established front setback or a side yard abutting a street as permitted by Section 18. 15.18. Off-street parking areas, maneuvering areas for parking and loading areas are prohibited in the established front building setback, in any established side yard abutting a street and in any required buffer or screen except as otherwise provided in this Ordinance. This restriction shall not apply to: A. a driveway which crosses a front or side yard, buffer or screen to provide access from the street to a parking area; or B. an individual driveway, including conventional appurtenances thereto such as basketball goals, designed also to serve as a parking area for a dwelling; or C. plazas associated with civic buildings that have been designed for occasional use as secondary parking areas; or D. civic spaces or recreational spaces; or E. the Peripheral Retail Area except as to the buffers required by Section 8.9. 15.19. Except as otherwise provided in this Ordinance, no outdoor storage of goods and materials or refuse containers shall be located in any established setback or established yard abutting a street, nor in any required buffer or screen, except for the temporary placement of refuse for scheduled curbside collection. 15.20. Terraces which do not extend above the level of ground (first) floor may project into a required yard, provided these projections are located at least two feet from the adjacent side lot line. 15.21. Lot width shall be measured along the build-to line or building set-back line, as applicable. Required yards shall be measured from lot lines. Section 16. Parking. 16.1. Off-street parking shall be provided on site, in common parking lots, shared parking areas, parking structures or garages according to minimum requirements as specified below: 33 I I I I Detached single family Attached dwellings Required Off-Street Parking Two spaces per dwelling One space per first bedroom, plus half of a space per each additional bedroom Apartment house, vertical One space per first bedroom, plus three-fourths of a space dwellings and Village Center for second bedroom and one-half space for each additional lofts * bedroom Accessory dwellings Retail in the Primary Area* Commercial in the Peripheral Retail Area* Office uses* Institutional/Churches Meeting House Recreation buildings Trustees Hall Day Care Center* One space One space for the first 1,000 square feet of gross floor area and one space for each additional 750 square feet of gross floor area Financial institutions: one space per 300 square feet of gross floor area except to the extent of available adjacent on-street parking spaces. Restaurants or fast-food operations with drive-thru: one space per 75 square feet of gross floor area. Grocery: one space per 250 square feet of gross floor area. Drug store: one space per 375 square feet of gross floor area. Convenience store or market: one space per 250 square feet of gross floor area. One space for each 500 square feet of gross floor area One space for each six seats in the main place of assembly None One space per 500 square feet of gross floor area None One space per employee and one space per 10 children 34 I I I I Elder Care Center* Bed and Breakfast Inn Other Permitted Uses One space per employee and one space per 10 senior citizens One space per bedroom or suite One space per bedroom or suite As specified in the Zoning Ordinance * Additional required parking spaces for such uses may be provided by on-street parking. The aggregate required number of-parking spaces in the Primary Area for retail, offices and apartments, vertical dwellings and Village Center Lofts (on-street and off-street) in the Primary Area is one parking space per 450 square feet for retail, one parking space per 300 square feet for offices and one parking space per bedroom for apartments, vertical dwellings and Village Center lofts. The aggregate number of required number of parking spaces for day care and elder care centers (on-street and off-street) is one space per employee and one space for each six children or senior citizens. The aggregate required number of parking spaces per permitted use in the Peripheral Retail Area (on-street and off-street) is that number required for the use by Section 27.05 of the Zoning Ordinance except that the aggregate required number of parking spaces for a grocery or a restaurant or fast food operation with drive-thru is the number specified above. 16.2. Off-street parking for commercial uses shall be sufficient to provide parking for the employees of all proposed uses as well as long-term customer parking. Spaces reserved for employees should be designated by means of striping and/or signage. Off-street parking lots on commercial lots in the Primary Area other than those designated solely for parking purposes shall be prohibited in any front yard setback area, shall be located at the rear or to the side of buildings and, where feasible, shall be accessed by means of common driveways, preferably from side streets or alleys. Such lots may be interconnected with parking lots on adjacent properties. Cross-access easements for adjacent lots with interconnected parking lots shall be provided. Common, shared parking facilities are encouraged, where feasible. 16.3. Off-street parking in the District may be accommodated on lots utilized exclusively for such purpose, including common parking lots, shared parking areas and lots improved with parking structures.. Such lots shall be landscaped, buffered or screened as required by Sections 16.8(G), 16.9 and 16.15 of this Ordinance, as applicable. 16.4 Unless otherwise agreed by the Commission, parking structures may only be located on the interior of Village Center Blocks. 16.5. With the exception of detached single family dwellings and duplexes, driveways shall be prohibited in any residential front yard area. For other dwellings driveway access shall be provided from alleys or side yard entry. A driveway shared by dwellings on two adjacent lots may be located with the driveway center line on the common side lot line. An accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed 35 I I I I I from a street. Parking for townhouses and attached senior housing dwellings shall be provided in a common off-street parking area or in garages or parking spaces with access from an alley. Townhouse garages must be located in the back of the structure or in a rear yard. A driveway affording access to the rear yard of a townhouse may connect to a street if it passes through an arcade. Parking for apartments may be located in a parking lot located on a lot other than that containing the apartment house, but within 400 feet of an apartment house entrance. 16.6. On-street parking approved by the government entity having jurisdiction over the public right-of-way may be counted toward all or part of the parking requirement for the use made of a lot. 16.7. If access to a garage is provided from a street, the front entrance of such a garage shall sit back a minimum of 10 feet from the front facade of the dwelling. A garage shall be set back the greater of (i) three feet from the rear property line or (ii) five feet from the edge of alley pavement, and at least three feet from one side property line. If a garage wall (which is not a common wall) sits on a property line, then a maintenance easement shall be created on the adjoining lot. 16.8. Parking lots shall be designed to conform to the following standards: A. Parking space dimensions (other than those designed for the disabled) shall be a minimum of 18 feet long and nine feet wide. Parking spaces shall be dimensioned in relation to curbs or aisles so long as their configuration, area and dimensions satisfy the requirements of this section. B. Parallel parking space dimensions shall be a minimum of 20 feet long by eight feet wide. c. Parking area aisle widths shall conform to the following table which varies the width requirement according to the angle of parking: Aisle Width One Way Traffic Two Way Traffic o 13 19 Angle of Parking 30 45 60 13 19 13 20 18 22 90 20 24 D. Driveways shall be 12 feet in width for one-way traffic and 18 feet in width for two-way traffic. E. Parking for the disabled shall be provided in compliance with applicable law. F. Parking lots shall be paved with asphalt, concrete or other acceptable material. G. For small parking lots, landscaping shall be required at the perimeter. For large parking lots, landscaping shall be at the perimeter and placed to break the lot into 36 I I I I parking modules of no more than 36 spaces. The foregoing requirements shall not apply to parking lots located in community area, on the interior of a Village Center Block, or in the Peripheral Retail Area. 16.9. Perimeter landscaping of parking lots not located in community area, on the interior of a Village Center Block or in the Peripheral Retail Area shall conform to the following standards: A. B. Screening shall be provided by installing along the perimeter of the parking lot (i) evergreen shrubs with a maximum separation of six feet on center, a minimum height of three feet at installation and an expected height at maturity of at least six feet, (ii) a masonry wall three to six feet in height, or (iii) other visually impervious landscape screening acceptable to the Department. This screen may be penetrated for access between parking lots or to an adjoining street or alley but no single such penetration shall exceed the width of the sidewalk or driveway, as applicable. For parking lots which abut street rights of way, a masonry wall a minimum of three feet in height shall be installed along the right of way frontage extending from the building wall to the lot line. The wall may be interrupted by a sidewalk entry not exceeding eight feet in width and an access drive with a width not exceeding 18 feet. C. In addition to screening, large maturing trees shall be planted around the perimeter of the parking lot in a planting strip not less than seven feet wide. D. Existing vegetation which meets in whole or in part the purposes of perimeter landscaping may be applied toward such landscaping requirement. 16.10. Interior landscaping of large parking lots not located in community area, on the interior of a Village Center Block or in the Peripheral Retail Area shall consist of large maturing trees placed such that each section of parking (up to 36 spaces per section) is enclosed by trees (or building wall), with maximum spacing of 40 feet on center. Tree planting areas within parking lots shall be at least seven feet wide, edged with a curb at least six inches high and shall be designed to minimize damage to trees by parking or moving vehicles. Such interior tree planting areas need not be contiguous. 16.11. Walls shall be constructed to be compatible with the architectural style and detail of adjacent buildings. 16.12. Lighting for parking lots shall comply with the requirements of Section 21. 16.13. Landscaping for parking lots located in common space shall be compatible with the natural vegetation and topography of such space. 16.14. Landscaping for parking lots in the Village Center shall conform to the Landscape Plan. 37 I I I I I 16.15 Landscaping for parking lots in the Peripheral Retail Area shall comply with the following requirements: A. A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every nine (9) spaces provided, or not less than 18 trees per acre of parking. B. A six (6) foot wide perimeter planting area shall be provided along the perimeter of parking areas. The required planting unit for this area shall include: two (2) shade trees, three (3) ornamental trees and thirty (30) shrubs per 100 linear feet. C. Masonry walls not exceeding 48 inches in height may be substituted for perimeter planting areas. 16.16 The parking spaces required for any building or use may be located in a common parking lot, a shared parking area or a parking structure if such lot, area or structure is located within 300 feet of the building or use. 16.17 The following shall apply to drive-thru lanes in the Peripheral Retail Area: A. Stacking shall be confined to the sides and rear of the parcel. B. Lanes for drive-thru facilities shall not be permitted along the front of a building nor permitted to spill over onto adjoining properties. C. Outlet from drive-thru lanes may be through any established ingress/egress drive serving the parcel. D. E. The minimum number of vehicle stacking spaces required for drive-thru lanes shall be as follows: (l) Bank teller lane: 5 measured from the teller window (2) ATM: 3 measured from the ATM (3) Restaurant or fast food drive-thru: 10 measured from the pick-up window (4) Car wash: 5 measured from the entrance (5) Gas pump island: 3 measured from the pump island (6) Drug store: 3 measured from the pick-up window. No required stacking vehicle space shall block or obstruct access to a public entrance to the building. 38 I I I I I Section 17. Loading and Service Areas. 17.1. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear or side of buildings. 17.2. Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and buffering shall be achieved through walls, fences, and landscaping, shall be a minimum of five feet tall, and shall be visually impervious. Recesses in the building, or depressed access ramps may be used. 17.3. Trash collection areas shall be enclosed and screened as provided in Section 19.14. Section 18. Signs. All signs located within the District shall comply with the following sign regulations: 18.1. Exempt SIgns: All signs designated as exempt in Section 25.7.01-3 of the Sign Ordinance. 18.2. Prohibited signs: 18.3. A. Signs on roofs, dormers, and balconies. B. Billboards. C. Signs painted or mounted upon the exterior side or rear walls of any principal or accessory building or structure, except as otherwise permitted hereunder. D. Signs prohibited by Section 25.7.01-4 of the Sign Ordinance, except as otherwise permitted hereunder. Permitted business signs: A. Wall-mounted or painted signs, provided the following standards are met: (l) The sign shall be affixed to the front facade of the building, and shall project outward from the wall to which it is attached no more than six inches in the Village Center and 12 inches in the Peripheral Retail Area. (2) The area of the signboard shall not exceed 20 percent of the ground floor building facade area or 45 square feet, whichever is less. (3) The maximum permitted height is 15 feet above the front sidewalk elevation, and shall not extend above the base of the second floor window sill, parapet, eave, or building facade. (4) The height of the lettering, numbers, or graphics shall not exceed 10 inches in the Village Center and 28 inches in the Peripheral Retail Area except with respect to buildings located adjacent to Towne Road in the Peripheral Retail Area, the height shall not exceed 12 inches on a sign mounted on or extending from thefat;adefacing Towne Road. 39 I I I I (5) Limited to one sign per business establishment on each building facade fronting a street. In the Peripheral Retail Area, a fa<;ade facing 131 st Street or Towne Road shall be deemed to be fronting such streets notwithstanding that the front facades face an interior street. B. One wall-mounted sign, not exceeding six square feet in area, shall be permitted on any side or rear entrance open to the public. Such wall signs may only be lighted during the operating hours of the business. C. D. Wall-mounted building directory signs identifying the occupants of a commercial building, including upper story business uses, provided the following standards are met: (1 ) The sign is located next to the entrance. (2) The sign shall project outward from the wall to which it is attached no more than six inches. (3) The sign shall not extend above the parapet, eave, or building facade. (4) The area of the signboard shall not exceed 15 square feet. (5) The height of the lettering, numbers, or graphics shall not exceed five inches. Applied letters may substitute for wall-mounted signs, if constructed of painted wood, painted cast metal, bronze, brass, or black anodized aluminum. Applied plastic letters shall not be permitted. The height of applied letters shall not exceed 10 inches in the Village Center and 12 inches in the Peripheral Retail Area. E. Projecting signs, including icon signs, mounted perpendicular to the building wall, provided the following standards are met: (1) (2) (3) (4) (5) (6) The signboard shall not exceed an area of ten square feet unless a comer sign which shall not exceed an area of twelve square feet. The distance from the ground to the lower edge of the signboard shall be eight feet or greater. The height of the top edge of the signboard shall not exceed (i) the height of the wall from which the sign projects, if attached to a single story building, (ii) the height of the sill or bottom of any second story window, if attached to a multi-story building and not a comer sign or (iii) 50 percent of the distance between the building cornice or roof line and the sill or bottom of any second story window if a comer sign located on a multi-story building. The distance from the building wall to the signboard shall not exceed six inches. The width of the signboard shall not exceed four feet. The height of the lettering, numbers, or graphics shall not exceed 10 inches in the Village Center and 28 inches in the Peripheral Retail Area except with respect to buildings located adjacent to Towne Road in the 40 I I I I I Peripheral Retail Area, the height shall not exceed 12 inches on a sign mounted on or extending from thefac;adefacing Towne Road. (7) Limited to one sign for each ground floor business establishment. Projecting signs are not permitted in conjunction with free-standing or tree lawn signs. F. Tree lawn signs, including icon signs, installed on a pole in a tree lawn, provided the following standards are met: G. (1) (2) (3) (4) (5) (6) (7) The sign is located in a tree lawn opposite the entrance to the building. The signboard shall not exceed an area of six square feet. The distance from the ground to the lower edge of the signboard shall be six feet or greater. The height of the top edge of the signboard shall not exceed the height of the wall of the building in front of which the sign is located, if located opposite a single story building, or the height of the sill or bottom of any second story window, if located opposite a multi-story building. The width of the signboard shall not exceed two feet. The height of the lettering, numbers, or graphics shall not exceed eight inches. Limited to one sign for each ground floor business establishment. Tree lawn signs are not permitted in conjunction with free standing or projecting signs. Painted window or door signs, provided that the following standards are met: (1) The sign shall not exceed 30 percent of the window or door area except in the Peripheral Retail Area where the sign shall not exceed 40 percent of the window or door area. (2) The sign shall be silk screened or hand painted. (3) The height of the lettering, numbers, or graphics shall not exceed five inches in the Village Center and eight inches in the Peripheral Retail Area. (4) Limited to two window signs and one door sign for each business establishment. (5) Painted window or door signs may be in addition to only two of the following: a wall-mounted sign, a free-standing sign, an applied letter sign, a projecting sign or a tree lawn sign. A painted window sign at the second or third floor level of a Commercial Structure may only be combined with a tree lawn sign. H. Awning signs, for ground floor uses only, provided that the following standards are met: (1) If acting as the main business sign, it shall not exceed fifteen square feet in area, and the height of the lettering, numbers, or graphics shall not exceed 10 inches in the Village Center and 28 inches in the Peripheral Retail Area except with respect to buildings located adjacent to Towne Road in the Peripheral Retail Area, the height shall not exceed 12 inches on a sign mounted on or extendingfrom thefac;adefacing Towne Road. 41 I I I I I I. (2) If acting as an auxiliary business sign, it shall be located on the valance only, shall not exceed five square feet in area, and the height of the lettering, numbers, or graphics shall not exceed five inches in the Village Center and eight inches in the Peripheral Retail Area. (3) Limited to two such signs for each ground floor business establishment, on either awning or valance, but not on both. (4) If acting as the main business sign, it shall not be in addition to a wall- mounted sign, an applied letter sign or a projecting sign which is not a comer SIgn. Free-standing sign, provided that the following standards are met: (l) The building, where the business to which the sign refers is located, shall be set back a minimum of five feet from the frontage line. (2) The area of the signboard shall not exceed 45 square feet. (3) The height of the lettering, numbers, or graphics shall not exceed 10 inches in the Village Center and 28 inches in the Peripheral Retail Area except with respect to buildings located adjacent to Towne Road in the Peripheral Retail Area, the height shall not exceed 12 inches on a sign mounted on or extending from thefac;adefacing Towne Road. (4) The height of the top of the signboard, or of any posts, brackets, or other supporting elements shall not exceed six feet from the ground. (5) If located in the Village Center, the signboard shall be constructed of wood, with wood or cast iron brackets. (6) The signboard shall be architecturally compatible with the style, composition, materials, colors, and details of the building. (7) The sign shall be located within 10 feet of the main entrance to the business except that in the Peripheral Retail Area, the sign may be located within ten (l0) feet of the access drive serving the lot on which the business is located. In no event may the location of the sign interfere with pedestrian or vehicular circulation. (8) Limited to one sign per building. In the Village Center, a free-standing sign shall not be in addition to wall-mounted, applied letters, tree lawn or projecting signs. In the Peripheral Retail Area, a free-standing sign shall not be in addition to a tree lawn or projecting sign, but may be in addition to a wall mounted or applied lettering sign. J. Business establishments located in comer buildings are permitted signs for each street frontage as if each frontage were a separate business establishment except that if a comer sign is used, no free standing, tree lawn or additional projecting signs are permitted on either frontage. K. Businesses with service entrances may identify these with one sign not exceeding two square feet. 42 I I I I L. One directional sign, facing a rear parking lot, is permitted. This sign may be either wall-mounted or free standing on the rear facade, but shall be limited to three square feet in area. M. In addition to other signage, restaurants and cafes shall be permitted the following, limited to one sign per business establishment: N. O. (1) A wall-mounted display featuring the actual menu as used at the dining table, to be contained within a shallow wood or metal case, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately five feet, shall not exceed a total area of two square feet, and may be lighted. (2) A sandwich board sign, as follows: (a) The area of the signboard, single-sided, shall not exceed five square feet. (b) The signboard shall be constructed of wood, chalkboard, and/or finished metal. (c) (d) (e) Letters can be painted or handwritten. The sign shall be located within four feet of the main entrance to the business and its location shall not interfere with pedestrian or vehicular circulation. The sign shall be removed at the end of the business day. (3) In the Peripheral Retail Area only, a menu sign with a maximum sign area of 16 square feet and a maximum height of six feet for a ground sign. A home-based office is permitted one sign provided it complies with the requirements of Section 6.2(F). If historically appropriate to the type of business conducted or the architectural style of the building in which the business is located, a retail business may display in windows fronting a street an illuminated window sign in addition to other permitted signs provided the sign area of each sign does not exceed 10 square feet in the Village Center and 20 square feet in the Peripheral Retail Area. Neon signs are permitted as an illuminated window sign. 18.4. Permitted Other Signs: A. Signs permitted under Sections 25.7.02-3, 25.7.02-5, 25.7.02-6, 25.7.03-4, 25.7.03-5,25.7.03-6 and 25.7.04 of the Sign Ordinance. B. One identification sign at each entrance to (i) the District, (ii) a designated neighborhood within the District, (iii) an attached or vertical dwelling project containing more than six units in not less than two buildings, (iv) an apartment 43 I I I I house, and (v) the Peripheral Retail Area, provided the following standards are met: (1) The design of the sign for any attached or vertical dwelling project or apartment house shall be consistent with the architectural style of the project or apartment house to which it relates. (2) The maximum sign area shall not exceed 60 square feet. (3) The area surrounding the sign shall be appropriately landscaped In accordance with the requirements of Section 19. (4) The sign may be illuminated. (5) Matching signs which border either side of one entrance shall be treated as one sign, but both sign faces shall be used to calculate the total sign area. (6) The identification signs for the Peripheral Retail Area may contain the names of occupants of buildings located in the Peripheral Retail Area provided that, unless otherwise approved by the Commission: (i) the names of the occupants are all in the same size letters and font, (ii) the letter size does not exceed 12 inches and (iii) and the height of the sign does not exceed six (6) feet. (7) An identification sign may be installed at only one of the two entrances to the Peripheral Retail Area from 131st Street. C. Traffic directional signs. D. One development sign at each entrance to the District and each designated neighborhood thereof, provided the following standards are met: (1) The maximum sign area shall be 64 square feet. (2) The maximum height of each sign shall be eight feet. (3) The sign may not be illuminated. (4) The sign shall be removed when 90 percent of the lots in the area to which the sign relates have been sold. E. One construction sign for each street frontage of a lot upon which construction (other than construction of a detached dwelling) is in progress, provided the following standards are met: (1) The maximum sign area shall be 32 square feet. 44 I I I I F. G. (2) The maximum height of each sign shall be eight feet. (3) The sign may not be illuminated. (4) The sign shall be removed within seven days after the beginning of the intended use of the building. (5) Sign copy shall be limited to identification of the building, architects, engineers, contractors and other persons involved with the construction, but shall not include any advertising or product other than a rendering of the building being constructed. Signs depicting the site plan of the District assuming completion of development in accordance with the Development Plan and indicating the location within the District of the person viewing the sign, provided the following standards are met: (1) The maximum sign area shall be 30 square feet. (2) (3) The maximum height shall be eight feet. Site plan signage within the Primary Area and in open and recreational space may be illuminated; elsewhere in the District, illumination is not permitted. (4) Site plan signage shall be removed from the Secondary Area when 90 percent of the lots have been sold. Signs containing a rendering of one or more buildings expected to be constructed on the lot, provided the following standards are met: (1) The maximum sign area shall be 32 square feet. (2) The maximum height of each sign shall be eight feet. (3) The sign may be illuminated. (4) One sign will be permitted for each street frontage of the lot upon which construction of the depicted building is contemplated. (5) Unless otherwise agreed by the Commission, the sign shall be removed not later than 36 months following installation thereof unless construction of the building has commenced prior to that date and, if construction commences, the sign shall be removed within seven days after the beginning of the intended use of the building. 45 H. I I I I. I I J. (6) Sign copy shall be limited to a rendering of the proposed building and information relating to the intended construction, availability and use thereof. Real estate sales and leasing signs, provided the following standards are met: (1) The maximum sign area shall be 20 square feet. (2) The maximum height of the sign shall be eight feet. (3) Limited to one sign for each street frontage of the lot, with no more than two sign faces per sign. (4) The sign may not be illuminated. (5) Sign copy shall be limited to announcement of the sale, rental or lease of the premises and shall contain no advertising or promotional material other than to indicate the party listing the property for sale or lease. (6) Signs for detached dwellings and commercial structures shall be removed within seven days after the date the unit is leased, sold or occupied. (7) With respect to attached dwellings and apartment houses, when 80% of the dwellings are leased, sold or occupied, real estate signs are limited to a ground sign, a wall sign or a window sign of six square feet or less. One (1) general identification sign for the Peripheral Retail Area, provided the following standards are met: (1) The maximum sign area shall not exceed 75 square feet. (2) The design of the sign shall be compatible with identification signage elsewhere in the District. (3) The area surrounding the sign shall be appropriately landscaped III accordance with the requirements of Section 19. (4) The sign shall contain only the words, "WestClay Up Town." (5) The sign shall be located at the southwest comer of 131 st and Towne Road. (6) The sign may be illuminated at night. Signs approved by the Commission are permitted in the District in addition to the signs specifically authorized in this Ordinance. 46 I I I I 18.5. Design Standards for Signs: 18.6. A. Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building. B. Sign colors should be compatible with the colors of the building facade. C. Signs shall not interfere with vision clearance and shall comply with the requirements of Section 10.10. D. Backlighting of signs is permitted only in the Peripheral Retail Area. Premises Identification: A. The assigned premises identification of a building shall be displayed in such a manner so that the numerals can readily be seen from the street. Identification shall be displayed on the building, on or near the main entrance door, or displayed on a mailbox near the street in such a manner as they identify its corresponding building. B. Any dwelling or commercial building that abuts an alley or secondary access that could be used by motor vehicles must not only display the premises identification on the front, but shall also display its premises identification visible from the alternate access to the property. C. When numerals representing premises identification are removed or become illegible, such numerals shall be renewed or replaced by the owner or occupant of the building. 18.7. Sign maintenance: All signs and sign structures shall be kept and maintained in good repair and in a safe condition. 18.8. Permit Procedures: Division VI of the Sign Ordinance shall apply to signs in the District. Section 19. Landscaping. 19.1. Landscaping shall be required in the Primary Area in accordance with the Landscape Plan. All areas of a site within the Village Center not occupied by buildings, parking lots, other improvements or paving shall be planted with trees, shrubs, hedges, ground covers, and/or grasses, unless such area consists of attractive existing vegetation to be retained, as depicted on the Landscape Plan. Perennials and annuals are encouraged. 19.1.1. Landscaping in the Peripheral Retail Area shall conform to the Landscape Plan and Section 16.15 of this Ordinance. In addition, the following requirements shall apply: 47 I I I I A. Foundation plantings shall be included along the sides of a building except (a) the front or side if the sidewalk extends to the face of the building and (b) that part of the building where a drive-thru lane extends to the face of the building. The minimum width of the planting area shall be five feet. B. Except as otherwise provided herein, side and rear yards shall be landscaped in compliance with the minimum requirements for buffer yard "A" set forth in Section 26.04.05 of the Zoning Ordinance. C. The landscaping standards set forth in paragraphs 1 (except to the extent inconsistent with subsection B above), 2 and 4 of Section 23C.10.03 of the Zoning Ordinance shall apply to building sites. D. The installation and maintenance requirements set forth in Section 23C.10.04 of the Zoning Ordinance shall apply to building sites. 19.2. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as recreational facilities, ground paving materials, paths and walkways, fountains or other water features, trellises, pergolas, gazebos, fences, walls, street furniture, art, and sculpture. 19.3. Plant suitability, maintenance, and compatibility with site and construction features are critical factors which should be considered. Plantings should be designed with repetition, structured patterns, and complimentary textures and colors, and should reinforce the overall character of the area. 19.4. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the Development and disposed of in accordance with applicable law. No tree stumps, portions of tree trunks, or limbs shall be buried anywhere in the Development. All dead or dying trees, standing or fallen, shall be removed from the Development. If trees and limbs are reduced to chips, they may be used as mulch in landscaped areas. Areas which are to remain as undeveloped open space shall be cleaned of all debris and shall remain in their natural state. 19.5. Specimen trees not within a right-of-way, drive or 20 feet of the building footprint after grading shall be protected and preserved. No material or temporary soil deposits shall be placed within four feet of shrubs or within two feet of the drip line of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants at the drip line that are to be retained. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Barriers, such as snow fences, shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. 19.6. Landscaping of the area of all cuts, fills, and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper that one foot vertically to three horizontally shall be 48 I I I I planted with ground covers appropriate for the purpose, soil conditions, water availability, and environment. 19.7. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one-half-inch caliper and eight foot height at the time of planting unless otherwise specified herein or otherwise indicated on the Landscape Plan. Except as otherwise provided herein, evergreen trees shall be a minimum of three to four feet high at the time of planting and shrubs shall be two feet in height at the time of planting. All trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Landscaping materials shall be appropriate to local growing and climatic condition. Plant material shall be nursery grown stock conforming to ANSI Z60.1 (American Standard for Nursery Stock). No street trees in public rights of way or in common areas in the Village Center shall be topped, tipped, or deformed; provided, however, that the foregoing shall not restrict trimming such as that required by the Carmel Street Tree Regulations or trimming that may be done in the common areas for aesthetic reasons or to avoid interference with utility lines and facilities. 19.8. Within one year from the time of planting, all dead or dying plants in tree lawns or open space, installed new, transplanted, or designated as existing trees to be retained on the Landscape Plan, shall be replaced by the Developer or the lot owner. Trees or other vegetation in tree lawns or open space which die after the first year shall be replaced by the Owners Association or the lot owner. 19.9. Tree spacing, unless otherwise provided in this Ordinance, shall be determined by species type. Large maturing trees shall be planted a minimum of 30 feet and a maximum of 50 feet on center. Small maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on center. 19.10. Large maturing trees shall generally be planted along residential streets and along the street frontages and perimeter of community area and parking lots. 19.11. Small maturing trees shall generally be planted along non-residential streets and the interior portions of community area. 19.12. Shade trees shall be provided along each side of all streets in the District other than alleys and passages. In locations where healthy and mature shade trees currently exist, new trees are not required. The Developer shall be responsible for the provision of shade trees along the principal streets and within open spaces abutting streets in the District. Each lot owner shall be responsible for the provision of shade trees in the designated tree lawn upon or adjacent to the owner's lot except to the extent the Developer has provided such trees. 19.12.1. Small maturing trees may be planted in the medians of streets. 19.13. Street trees of a similar species should generally be grouped together and not intermixed with trees of another species. Not more than 20 trees of the same species shall be planted in a linear row or contained grouping except as otherwise indicated on the Landscape Plan. The trees listed on Exhibit C shall not be planted in the District. No single species shall make up more than 49 I I I I 15% of the total street tree population within each of the following areas: south of 131st Street and east of Towne Road; north of 131st Street; and west of Towne Road. 19.14. Garbage collection, recycling areas, and other utility areas in the Village Center and the Peripheral Retail Area shall be screened around their perimeter by wood enclosures or by brick walls, with a minimum height of seven feet, and shall extend on three sides of such an area, with a wood gate or door on the fourth side. A landscaped planting strip a minimum of three feet wide shall be located on three sides of such a facility. Planting material shall be separated from the parking lots by appropriate curbing, but shall have ramp access to such facility for vehicles and carts. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover, or covered with mulch, decorative stone or other suitable materials. Section 20. Detention and Retention Basins. The perimeter of detention and retention basins shall be landscaped. Headwalls, concrete flow channels and rip rap channels shall be screened with plant material and/or berms. Section 21. Lighting. 21.1. Street lights shall be decorative and consistent with the Development Plan. 21.2. Along all commercial streets, parking areas, sidewalks, walkways, courtyards, and community area in the Village Center, decorative lamp posts shall be provided at regular intervals. Except as otherwise provided in Section 21.3, lamp posts shall not exceed 14 feet in height and shall be spaced at no greater than 80 feet on center on both sides of a street. If installed, lighting on residential streets may be confined to the intersections and comers. Light poles and fixtures utilized in the District shall complement the predominant architectural theme of the area where used. 21.3. In parking lots, post heights may be extended to a maximum of20 feet. 21.4. Porch light and yard post lighting shall be incorporated into the street lighting design. 21.5. Dusk to dawn alley lighting shall be provided by lot owners on all garages fronting alleys or on poles adjacent to parking areas. 21.6. No accessory lighting on any lot shall cause illumination at or beyond the lot line in excess of 0.1 footcandles of light. 21.7. Lighting of basketball and tennis court areas shall not create more than 5 footcandles of light 25 feet from the perimeter of the court. 50 I I I I 21.8. Lighting in the Peripheral Retail Area shall comply with the requirements of Section 23C.12 B and C of the Zoning Ordinance. 21.9. Lighting in the Peripheral Retail Area parking lots shall be designed and maintained so that it is reduced to the minimum amount reasonably required for security purposes during the hours that retail establishments are not open for business. Section 22. Fences and Walls. 22.1. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet, if such fences only enclose a regulation court area and standard apron areas. 22.2. Fences or walls enclosing (i) open, civic or recreational space or buildings, (ii) a commercial lot or (iii) a commercial structure may not exceed a height of 10 feet. 22.3. Fences and walls shall be measured from the topmost point thereof to the ground adjacent to the fence or wall; provided, however, that decorative caps or spires which extend above the highest horizontal member of a fence or the top of a wall shall not be included in the measurement of height. 22.4. Any fence placed upon an erected earth berm or masonry wall must govern its height as measured to the ground adjacent to said earth berm or wall. 22.5. No fence or wall shall be constructed within a drainage easement so as to obstruct the flow of water therein. 22.6. With respect to single-family residential structures (i) fences or walls in the front yard shall not be more than five feet high, provided that entranceway and lot comers may be articulated with larger (taller and fatter) posts or other embellishments, (ii) fencing may not exceed six feet in height along rear and side yard lines and (iii) patio enclosures located in the permitted building area of the lot may not exceed nine feet in height; if not so located, the maximum height of patio enclosures is six feet. Section 23. Platting and Installation of Improvements. 23.1. The Development Plan, having incorporated preliminary plats for the Primary, the Secondary and the Peripheral Retail Areas conforming to the requirements of Section 5.0 of the Subdivision Control Ordinance, shall constitute an approved preliminary plat of the Primary, the Secondary and Peripheral Retail Areas for all purposes of the Subdivision Control Ordinance. 23.2. Only those terms of the Subdivision Control Ordinance expressly referred to herein shall govern development in the District. To the extent of any inconsistency between the terms of this Ordinance and the terms of the Subdivision Control Ordinance, the terms of this Ordinance shall govern. 51 I I I I I 23.3. In the course of development within the District, the Developer shall comply with the requirements of Section 5.4 of the Subdivision Control Ordinance. Except for subsection 5.5.1, the provisions of Section 5.5 of the Subdivision Control Ordinance shall not be applicable to final plats filed with respect to land in the District if the final plat substantially conforms to the Development Plan. 23.4. In the course of development within the District, the Developer shall comply with the requirements of Sections 5.6, 5.7, 8.2, 8.3 (subject to the provisions of Section 10 of this Ordinance), 8.4, 8.5, 8.7 and 9.0 of the Subdivision Control Ordinance. 23.5. The Development may be platted in phases. 23.6. The Developer shall commence construction of the initial phase of the Development within two years following the effective date of this Ordinance. 23.7. Upon providing such performance guarantees as may be required by Section 5.7.1 of the Subdivision Control Ordinance, the Developer may commence construction of improvements in the District at any time after the Development Plan is recorded; provided, however, that no residential lot may be conveyed to a third person until a final plat depicting such lot has been approved pursuant to this Section 23, and recorded. 23.8. The size, configuration and number of lots in a block shown on a final plat may vary from the size, configuration and number of lots shown on the Development Plan. 23.9. Title to less than all of a lot may be conveyed for the purpose of establishing a building site provided that the aggregate number of building sites in a block may not exceed the number of lots in such block depicted on the final plat. 23.10. Title to portions of a Village Center Block or the Peripheral Retail Area may be conveyed by a metes and bounds survey description as long as such portion complies with the area and bulk regulations of Section 15 with respect to the intended use of such portion. 23.11. Grading, filling, excavating or any change in the grade of any property is permitted, but shall not be detrimental to surrounding properties in appearance or in the diversion of stormwater. 23.12. Temporary construction facilities are permitted to remain on a job site during all phases of construction and must be removed within 30 days following the issuance of a certificate of occupancy. No permit is necessary for temporary construction facilities except where permanently connected to water and sewer utilities. 52 I I I I Section 24. Certification and Recordation of the Development Plan. 24.1. Within 30 days following adoption of this Ordinance, the Director of the Department shall sign a mylar copy of the Development Plan, and deliver the signed Development Plan to the Developer. 24.2. The Developer shall record the signed Development Plan in the Office ofthe Recorder of Hamilton County, Indiana, within 60 days following receipt of the signed Development Plan from the Commission, and shall deliver a copy of the recorded Development Plan to the Department. The Recorder shall return the originally recorded Development Plan to the Department. 24.3. Approved modifications of the Development Plan shall be recorded by the Developer in the Office of the Recorder of Hamilton County, Indiana, within 60 days following the approval of such modification. Subsequent to recordation, the Developer shall deliver a copy of the recorded modification to the Department. Section 25. Improvement Location Permits. 25.1. Prior to commencement of construction in the Primary Area of a mixed-use structure, a commercial structure, an apartment house, an attached dwelling (other than a duplex), a vertical dwelling or a senior housing facility containing a gross floor area in excess of 10,000 square feet (exclusive of any of the foregoing structures the elevations of which are included in the Development Plan), architectural plans, elevations, site plan and landscaping plan for the proposed structure shall be presented to the Department as part of the improvement location permit application. If the Department reasonably believes that the proposed structure does not comply with the Development Requirements and the Design Vocabulary, then the Department shall decline to issue an improvement location permit and, if the applicant fails to make such revisions as the Department may deem necessary for compliance, the Department shall promptly refer the application to the Commission for a determination at its next meeting of compliance or non-compliance with the Development Requirements and Design Vocabulary. The Department shall specifically detail in writing the basis for its belief that the proposed structure does not comply with the Development Requirements or Design Vocabulary. The Commission shall approve, disapprove or approve subject to conditions the referred application after affording the applicant an opportunity to address the objections of the Department. Section 26. Filing Fees. The provisions of Division VIII of the Zoning Ordinance, to the extent applicable, shall apply to development in the District. 53 Section 27. Commission Consents or Approvals. 27.1. Where the consent or approval of the Commission is required pursuant to the provisions of this Ordinance, the request for such approval or consent shall be deemed a modification of the Development Requirements and shall be processed in accordance with the provisions of Section 4. 27.2. In considering whether to grant its consent or approval, the Commission shall apply the criteria set forth in Section 4.3. PASSED by the Common Council of the City of Carmel, Indiana, this __ day of ________________ , 2004, by a vote of_ ayes and _ nays. I COMMON COUNCIL OF THE CITY OF CARMEL Presiding Officer Kevin Kirby I Ronald E. Carter, President Pro Tempore Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Richard L. Sharp I ATTEST: I Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana on the __ day of ______________ , 2004. Diana L. Cordray, IAMC, Clerk-Treasurer 54 I I I I Approved by me, Mayor of the City of Carmel, Indiana, this __ day of _____ , 2004. James Brainard, Mayor ATTEST: Diana L. Cordray, Clerk-Treasurer 55 I I I I EXHIBIT A The Village of WestClay Land Description The Southwest quarter of Section 28, part of the Southeast quarter of Section 29 and part of the Northwest and Southwest quarters of Section 33 all in Township 18 North, Range 3 East of Hamilton County, Indiana, and being described as follows: Beginning at the Northeast comer of the Southwest quarter of said Section 28; thence on an assumed bearing of South 00 degrees 01 minutes 09 seconds West along the East line of said Southwest quarter a distance of 2624.48 feet to the Southeast comer thereof; thence South 00 degrees 20 minutes 16 seconds East along the East line of the Northwest quarter of Section 33 a distance of 2632.1 0 feet to the Southeast comer thereof; thence South 00 degrees 23 minutes 56 seconds East along the East line of the Southwest quarter of said Section 33 a distance of 490.67 feet; thence South 89 degrees 20 minutes 46 seconds West parallel with the North line of said Southwest quarter a distance of 1331.44 feet to the West line of the East half of said Southwest quarter; thence North 00 degrees 25 minutes 30 seconds West along said West line a distance of 442.67 feet to a point distant 48.00 feet South from the Northwest comer of said half-quarter; thence South 89 degrees 20 minutes 46 seconds West parallel with the North line of said Southwest quarter a distance of 1331.64 feet to the West line of said Southwest quarter; thence North 00 degrees 27 minutes 03 seconds West along said West line a distance of 48.00 feet to the Northwest comer of said Southwest quarter; thence North 00 degrees 27 minutes 13 seconds West along the West line of the Northwest quarter of Section 33 a distance of 1281.55 feet; thence North 89 degrees 20 minutes 46 seconds East parallel with the South line of said Northwest quarter a distance of 1332.95 feet to the West line ofthe East half of said Northwest quarter; thence North 00 degrees 23 minutes 44 seconds West along said West line a distance of 1348.18 feet to the Northwest comer thereof; thence South 89 degrees 14 minutes 42 seconds West along the South line of the Southwest quarter of Section 28 a distance of 1334.33 feet to the southwest comer thereof; thence South 88 degrees 51 minutes 10 seconds West along the South line of the Southeast quarter of Section 29 a distance of 1351.40 feet to a point hereinafter referred to as "Point A"; thence North 01 degrees 08 minutes 50 seconds West a distance of 8.00 feet; thence North 52 degrees 30 minutes 24 seconds East a distance of 14.45 feet; thence North 22 degrees 52 minutes 44 seconds East a distance of27.27 feet; thence North 00 degrees 36 minutes 26 seconds West a distance of 1453.10 feet; thence South 89 degrees 13 minutes 03 seconds West a distance of 107.69 feet; thence North 00 degrees 00 minutes 53 seconds West a distance of 1138.44 feet to the North line of said Southeast quarter; thence North 89 degrees 13 minutes 03 seconds East along said North line a distance of 1443.58 feet to the Northeast comer thereof; thence North 89 degrees 14 minutes 59 seconds East along the North line of the Southwest quarter of Section 28 a distance of2678.68 feet to the Point of Beginning. Containing 380.683 acres, more or less. I I I I Also, part of the Southeast Quarter of said Section 29 being described as follows: Commencing at the aforesaid "Point A" on the South line of said Southeast quarter; thence South 88 degrees 51 minutes 10 seconds West along said South line a distance of 627.23 feet to the Point of Beginning at the Southwest comer of the land described in a deed to Wendy Fortune (Instrument Number 8915090, Office of the Recorder of Hamilton County, Indiana); thence continuing South 88 degrees 51 minutes 10 seconds West along said South line a distance of 668.05 feet to the Southwest comer of said Southeast quarter; thence North 00 degrees 24 minutes 33 seconds West along the West line of said Southeast quarter a distance of 1437.39 feet to a point distant 1203.96 feet South of the Northeast comer thereof; thence North 88 degrees 29 minutes 35 seconds East a distance of658.94 feet to a westerly comer of the aforesaid Fortune tract; thence South 00 degrees 46 minutes 26 seconds East along the West line thereof a distance of 1441.43 feet to the Point of Beginning. Containing 21.923 acres, more or less. Also, Part of the Northwest and the Northeast Quarters of Section 28, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, and being described as follows: Beginning at a railroad spike at the southwest comer of the east half of the northwest quarter; thence North 00 degrees 00 minutes 08 seconds West along the west line of said half quarter 2631.74 to the northwest comer thereof; thence North 89 degrees 15 minutes 26 seconds East along the north line of the Northwest Quarter 693.79 feet to a railroad spike at the northwest comer of a tract of land described in a deed to Stumm, et al, and recorded as instrument number 9601331 in the Office of the Recorder of Hamilton County; thence South 00 degrees 02 minutes 24 seconds East along the west line thereof and along the west line of a tract of land described in a deed to Smith, recorded in Deed Book 154 page 17 a distance of 660.00 feet to a 5/8"x30" rebar with yellow plastic cap marked "SCHNEIDER ENG FIRM #0001" (hereinafter referred to as "REBAR/CAP") at the southwest comer of said Smith tract; thence North 89 degrees 15 minutes 26 seconds East along the south line thereof and along the south line of a tract of land described in a deed to Toll, recorded in Deed Book 310 page 838 a distance of 594.00 to a REBAR/CAP at the southeast comer of said Toll tract; thence North 00 degrees 02 minutes 24 seconds West along the east line thereof 329.99 feet to a REBAR/CAP on the westerly extension of the south line of a tract of land described in a deed to Sullivan, recorded in Deed Book 327 page 646; thence North 89 degrees 14 minutes 34 seconds East along said extension and said south line 211.43 to a REBAR/CAP at the southeast comer thereof; thence North 00 degrees 03 minutes 50 seconds West along the east line thereof 330.00 feet to a railroad spike on the north line of the Northeast Quarter; thence North 89 degrees 14 minutes 34 seconds East along said north line 120.00 feet to a railroad spike at the northwest comer of a tract of land described in a deed to Stumm, recorded in Deed Book 281 page 412; thence South 00 degrees 03 minutes 50 seconds East along the west line thereof 330.00 feet to a REBAR/CAP at the southwest comer thereof; thence North 89 degrees 14 minutes 34 seconds East parallel with the north line of the Northeast Quarter 1056.00 feet to the southeast comer of a tract ofland described in a deed to Frederick, recorded as instrument number 9545201, and on the east line of the west half of the Northeast Quarter; thence South 00 degrees 03 minutes 50 seconds East along said east line 2030.77 feet to the northeast comer of a tract of land described in a deed to Lasher, recorded as I I I I instrument number 9213826; thence South 89 degrees 15 minutes 12 seconds West along the north line thereof 130.00 feet to a REBAR/CAP at the northwest comer thereof; thence South 00 degrees 03 minutes 50 seconds East along the west line of said Lasher tract 271.00 feet to a railroad spike on the south line of the Northeast Quarter; thence South 89 degrees 15 minutes 12 seconds West along the south line of said quarter 365.00 feet to the a railroad spike at the southeast comer of a tract of land described in a deed to Frank, recorded in Deed Book 163 page 280; thence North 00 degrees 04 minutes 33 seconds West 330.00 feet to the southeast comer of a tract of land described in a deed to Pierson, recorded as instrument number 9364918; thence North 01 degrees 13 minutes 35 seconds East along the east line thereof 60.44 feet to a REBAR/CAP, thence the following thirteen (13) courses along the lines of said tract, nine (9) of which are also along Elliott Creek; (1) North 27 degrees 36 minutes 44 seconds West 177.33 feet; (2) North 17 degrees 26 minutes 49 seconds West 57.75 feet; (3) North 06 degrees 33 minutes 38 seconds East 59.39 feet; (4) North 88 degrees 53 minutes 52 seconds West 380.61 feet; (5) North 54 degrees 23 minutes 18 seconds West 158.25 feet; (6) North 32 degrees 36 minutes 31 seconds West 96.43 feet; (7) North 08 degrees 48 minutes 39 seconds West 159.88 feet; (8) North 36 degrees 36 minutes 53 seconds West 43.86 feet; (9) North 56 degrees 59 minutes 39 seconds West 141.03 feet; (10) South 00 degrees 49 minutes 57 seconds East 725.49 feet; (11) South 73 degrees 29 minutes 19 seconds East 139.54 feet; (12) North 89 degrees 15 minutes 15 seconds East 50.00 feet; (13) South 01 degrees 00 minutes 58 seconds East 356.12 feet to a railroad spike on the south line of the Northeast Quarter; thence South 89 degrees 15 minutes 12 seconds West along the south line thereof 222.21 feet to a Stone in two boxes 1.2 feet down at the southwest comer of the Northeast Quarter; thence South 89 degrees 14 minutes 59 seconds West along the south line of the Northwest Quarter 1339.34 feet to the Point of Beginning. Containing 130.021 acres, more or less. Also, Part of the Southeast Quarter of Section 28, Township 18 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, and being described as follows: Beginning at the Southwest comer of said Southeast Quarter; thence North 89 degrees 23 minutes 24 seconds East along the south line thereof a distance of 2672.38 feet to the southeast comer thereof; thence North 00 degrees 07 minutes 17 seconds East along the east line of said Southeast Quarter a distance of 2630.92 feet to the Northeast comer thereof; thence South 89 degrees 15 minutes 12 seconds West along the north line of said Southeast Quarter a distance of 2069.03 feet to a point distant 608.11 feet east from the northwest comer of said Southeast Quarter; thence South 00 degrees 15 minutes 45 seconds West a distance of 506.25 feet; thence South 89 degrees 29 minutes 11 seconds West a distance of 605.89 feet to the west line of said Southeast Quarter; thence South 00 degrees 01 minutes 11 seconds West along said west line a distance of2120.73 feet to the Point of Beginning. Containing 154.34 acres, more or less. Containing, in all, 686.967 acres, more or less. I I I I I EXHIBITB A part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East, of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter Section; thence South 88 degrees 51 minutes 10 seconds West along the south line of said Southeast Quarter Section a distance of 1978.63 feet to the Point of Beginning at the southwesterly corner of a tract ofland as described in a Quitclaim Deed to Wendy M. Fortune recorded as Instrument Number 8915090 in the Office of the Recorder of said County; thence continuing South 88 degrees 51 minutes 10 seconds West along said south line a distance of 668.05 feet to the Southwest corner of said Southeast Quarter Section; thence North 00 degrees 24 minutes 33 seconds West along the west line of said Southeast Quarter Section a distance of 1437.39 feet to the southwesterly corner of a tract ofland as described in a Quitclaim Deed to John A. Smith and Donna L. Anderson recorded as Instrument Number 9360403; thence North 88 degrees 29 minutes 35 seconds East along the southerly line of said Smith-Anderson tract and the extension thereof a distance of 658.94 feet to a northwesterly corner of the aforesaid Fortune tract; thence South 00 degrees 46 minutes 26 seconds East along the westerly line of said Fortune tract a distance of 1441.43 feet to the Point of Beginning. Containing 21.923 acres, more or less. I I I I EXHIBITC Deciduous and Evergreen Trees Not Permitted: Botanical Name (Common Name) Acer Negundo (Box Elder) Acer Saccharinum (Silver Maple) Ailanthus Altissima (Tree of Heaven) Asimina Triloba (Pawpaw) Betula Papyrifera (Canoe Birch) Betula Pendula (European Birch) Carya Ovata (Shagbark Hickory) Elaegnus Angustifolia (Russian Olive) Fraxinus Species (Ash) 2 Ginkgo Biloba (Ginkgo) 3 Gleditsia Triacanthos (Honey Locust) 1 Juniperus Scopulorum (Western Red Cedar) Juniperus Virginiana (Eastern Red Cedar) 4 Malus Species (Flowering Crabapples) 5 Morus Species (Mulberry) Pinus Banksiana (Jack Pine) Pinus Sylvestris (Scotch Pine) Populus Species (Poplar) Prunus Cerasifera (Cherry Plum) Prunus Serotina (Wild Cherry) Pte lea Trifoliata (Wafer Ash) Rhamus Species (Buckthorn) Robina Pseudoacacia (Black Locust) Sorbus Species (Mountain Ash) Evergreen and Deciduous Shrubs Not Permitted: Botanical Name (Common Name) Alnus Species (Alders) Cephalanthus Occidentalis (Butlonbush) Conicera Japonica (Japanese Honeysuckle) Corontila Varia (Crown Vetch) Corylus Species (Hazels) Cotinus Coggygria (Smokebush) Robina Hispida (Rose Acacia) Rosa Multiflora (Multifora Rose) I I I I I The plants listed above are considered poor and should not be used at this site. Each plant listed either suffers from excessive insect problems (borers, aphids, etc.) thorns, smell, fragility, undesirable fruit or other problems. 1. Fruiting and thorny varieties plus "shademaster", imperial, and "sunburst" 2. Seeding varieties only 3. Female only 4. Except for "canaertiil" variety 5. Only varieties highly susceptible to black spot, mites, rust, and fire blight INDS01DRW735041v1 PROPOSED DISTRICT EXHIBIT D Primary Area (MU) II Primary Area (RU) D Secondary Area D Vi ll age Center Area Primary Area (MU) D Open Space D Pe ri pheral Reta il Area II Pr imary Area (SH)