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Z-587-14 The District PUD
Sponsor: Councilor Kevin D. Rider THE DISTRICT A PLANNED UNIT DEVELOPMENT DISTRICT CARMEN, INDIANA ORDINANCE Z-587-14 SUBMITTAL DATE: 02.21.2014 Version 102.21.14 Page II T ' DISTRICT A PLANNED UNIT DEVELOPMENT DISTRICT Table of Contents Section 1. Applicability of Ordinance. 3 Section 2. Definitions. 3 Section 3. Concept Plan. 4 Section 4. Permitted Uses. 4 Section 5. Building Height, Setback and Construction Requirements. 5 Section 6. Parking Requirements. 6 Section 7. Architectural Design. 7 Section 8. Lighting Standards. 11 Section 9. Sign Standards. 12 Section 10. Landscaping. 12 Section 11. Open Space. 19 Section 12. Transportation Systems. 19 Section 13. Development Plan Approval. 20 Section 14. Violations and Enforcement. 20 Section 15. Adoption. 20 Version 02.21.14 Page 12 Sponsor: Councilor Kevin D. Rider ORDINANCE Z-587-14 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Establishing the The District Planned Unit Development District WHEREAS, Section 31.06.04 of the Carmel Zoning Ordinance Z-289 (the "Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with Indiana Code §36-7-4-1500 et seq.; and WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") conducted a public hearing on docket number 13100019 Z at its February 18, 2014 meeting as required by law; and WHEREAS, the Plan Commission sent a favorable recommendation regarding the proposal identified as docket number 13100019 Z to the Common Council of the City of Carmel, Indiana; NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to Indiana Code §36-7-4-1500 et seq., it hereby adopts this ordinance (the "Ordinance") as an amendment to the Official Zoning Map (the "Zoning Map") and Zoning Ordinance to establish this Planned Unit Development District to read as follows: Section 1. Applicability of Ordinance. 1.1 The Zoning Map is hereby changed to designate the land described in Exhibit A, attached hereto (the "Real Estate"), as a Planned Unit Development District to be known as the The District PUD District (the "District"). 1.2 Development in this District shall be governed by the provisions of this Ordinance and its exhibits. 1.3 All provisions and representations of the Zoning Ordinance or Subdivision Control Ordinance that conflict with the provisions of this Ordinance are hereby rescinded as applied to the Real Estate and shall be superseded by the terms of this Ordinance. Section 2. Definitions. 2.1 The general rules of construction and definitions set forth in Chapter 3 of the Zoning Ordinance and the definitions set forth in this Ordinance shall apply to the regulations of this Ordinance. Words not defined herein but defined in the Zoning Ordinance shall be interpreted in accordance with the Zoning Ordinance definition. Version 102.21.14 Page 13 2.2 Concept Plan shall mean and refer to the plan attached hereto and incorporated herein by reference as Exhibit B. 2.3 DP/ADLS Approval shall refer to Development Plan and/or Architectural Design, Exterior Lighting, Landscaping & Signage approval by the Plan Commission, in accordance with Chapter 24 of the Zoning Ordinance. 2.4 Masonry shall be defined as brick, stone or similarly detailed precast concrete and architectural concrete masonry units. 2.5 Primary Facade shall mean and refer to those facades noted with a solid red line in Exhibit D. 2.6 Secondary Facade shall mean and refer to any facade that is not a Primary Façade. 2.7 Subdivision Control Ordinance shall mean and refer to the Carmel/Clay Subdivision Control Ordinance Z-160, in effect on the date of the enactment of this Ordinance. Amendments to the Subdivision Control Ordinance after the enactment of this Ordinance shall not apply to the District unless the Director determines that the amendment does not materially or negatively impact the ability to develop the Real Estate pursuant to this Ordinance and that the amendment is consistent with the District's intent. 2.8 Transportation Plan shall mean and refer to Part 4 of the Carmel Clay Comprehensive Plan that sets forth the location, alignment, dimensions, identification, and classification of existing and proposed vehicular, bicycle, pedestrian, and mass transit thoroughfares and includes the Thoroughfare Plan, Bicycle and Pedestrian Facility Plan, and Transit Plan. 2.9 Zoning Ordinance shall mean and refer to the Carmel/Clay Zoning Ordinance Z-289, in effect on the date of the enactment of this Ordinance. Amendments to the Zoning Ordinance after the enactment of this Ordinance shall not apply to the District unless the Director determines that the amendment does not materially or negatively impact the ability to develop the Real Estate pursuant to this Ordinance and that the amendment is consistent with the District's intent. Section 3. Concept Plan. 3.1 The Concept Plan provides a general vision for the development of the District which illustrates one possible layout of lots, internal drives, uses, open space, thoroughfares, and buildings that are permitted by this Ordinance. The Concept Plan is only conceptual. The final layout and site plans shall be subject to the terms and conditions of this Ordinance and may vary from the Concept Plan. Section 4. Permitted Uses. 4.1 The District shall provide a mix of compatible uses that may include office, retail, hotel, high density residential and continuing care retirement community. Version 102.21.14 Page 14 4.2 Uses permitted in The District are specified in Exhibit C. 4.3 Retail and Hotel uses are limited to Old Meridian Street and Main Street. 4.4 The maximum floor area for an individual retail use shall be 20,000 square feet. Section 5. Building Height, Setback and Construction Requirements. 5.1 Height and Area Requirements: A. Building Height (i) Minimum: (a) Buildings Fronting Main Street: seventeen (17) feet. (b) All other buildings: Twenty-Eight (28) feet and must have a minimum of two (2) occupiable floors. (ii) Maximum: seventy (70) feet. B. Front Setback: (i) Minimum: (a) Along Grand Boulevard: ten (10) feet from right-of-way (b) Along all other streets: four (4) feet, measured from the right-of- way for public streets and measured from the property line for private streets. (ii) Maximum: twenty (20) feet. (iii) The following may extend into the front setback up to four(4) feet: (a) Eaves, awnings, canopies, sills, cornices, belt courses, trellises, arbors, and other similar architectural features. (b) Balconies,patios, bay windows, and similar structures. (c) Unroofed access facilities, including stairs, wheelchair ramps, and other similar ADA compliant features. (d) Landscaping walls and fences no taller than 30 inches. C. Building Footprint: (i) Minimum: 2,000 square feet. Version 102.21.14 Page 15 (ii) Maximum: 200,000 square feet. D. Side Yard Setback: four (4) feet. E. Rear Yard Setback: five (5) feet. 5.2 The following requirements apply to Single-Family Attached buildings: A. Side Yard Setback. Most units will be attached dwellings, with no side yard setback. (i) A maximum distance between buildings shall be six (6) feet. (ii) No parking or driveways are allowed in side yards. B. Building Width. Single-family units shall be a minimum of twenty-two (22) feet and a maximum of thirty-five (35) feet wide. C. Building Orientation. (i) The front door of the main unit must face the public street and the main front wall of the building must generally be parallel with the street. (ii) Accessory buildings shall not face the street. Section 6. Parking Requirements. 6.1 All off-street parking shall be paved with asphalt or concrete, and curbed using poured- in-place concrete curbing. Alternatives to poured-in-place curbing and paving surface may be approved by the Commission when conflicts arise with tree preservation issues. 6.2 Parking areas shall be located at the rear or side of buildings, and screened from the sidewalk by low walls, low fences, or hedges. 6.3 Parking space dimensions shall be 9' x 20', or 10' x 18', including two (2) feet for bumper overhang. 6.4 Adjacent/adjoining parking lots shall be interconnected either by alley or internal driveway. 6.5 Bicycle parking. A. Bicycle Parking shall be provided in compliance with Article 27.06 of the Zoning Ordinance. B. For multi-family residences, a minimum of one third (1/3) of the required bicycle parking spaces shall be provided as covered, long-term bicycle parking. Long term bicycle parking may include an indoor storage area and/or exterior bicycle lockers, and shall be identified on the final Development Plan. Version 102.21.14 Page 16 6.6 Parking shall be provided, at a minimum, as follows: A. Single-Family Attached Dwellings: Two (2)parking spaces per unit. (i) Parking may be paved or in an attached or detached enclosed garage. (ii) All parking must be accessed from the rear of the lot. (iii) No garage openings are allowed to face the public street. B. Multiple-Family Dwellings: One (1)parking space per unit; however this will not include on-street parking on public streets. C. Retail: One (1) parking space for every four hundred (400) square feet of leasable area. D. Hotel: One (1) parking space per room or suite. E. Office: One (1) parking space for every four hundred (400) square feet of leasable area. F. Continuing Care Retirement Community: (i) One (1)parking space per independent living unit (ii) 0.5 (1/2)parking space per assisted living unit (iii) 0.3 parking space per long term care/memory support unit (iv) one (1)parking space per employee of the largest shift. 6.7 On-street parking shall count toward the total number or required parking spaces for retail and office uses. Section 7. Architectural Design. 7.1 The architectural design of the District shall comply with the following standards: A. All building design shall be consistent with the adopted character of the overall Old Meridian District, including building materials, entry, and height. All buildings will be designed and constructed with complimentary building materials and colors. All exterior sides of the building will be finished in permitted materials. The selection of materials for The District will be evaluated based on their permanence, ability to withstand weather conditions and visual appearance. B. Buildings that are stylized in an attempt to use the building itself as advertising shall be prohibited, particularly where the proposed architecture is the result of corporate or franchise architecture. Version 102.21.14 Page 17 C. Building Facades shall have a defined base or foundation, a middle or modulated wall, and a top formed by an articulated cornice, appropriate to the building style. D. Facades constructed of more than one material shall only change material along a horizontal line (not a vertical or diagonal line). The heavier material shall always be placed beneath the lighter material. E. Permitted Materials: Any number of materials may be used in The District. The following is a list of permitted materials for exterior facades. Only materials noted with "Primary Facade" are permitted on Primary Facades. (i) Face Brick(Primary Facade) (ii) Smooth faced C.M.U. (concrete masonry units) (Primary Facade) (iii) Concrete brick (iv) Cast stone (Primary Façade) (v) Limestone (Primary Facade) (vi) Simulated stone (Primary Facade) (vii) Terracotta(Primary Facade) (viii) Fiber Cement Siding (refer to Section 7.1(P) for additional standards) (Primary Facade) (ix) Stucco (refer to Section 7.1(0) for additional standards) (Primary Facade) (x) EIFS (refer to Section 7.1(0) for additional standards) (Primary Facade) (xi) Glass (clear, color, sand blast, etched, etc.) (Primary Facade) (xii) Storefront (aluminum, wood, steel) (Primary Facade) (xiii) Wood and wood-like materials (Primary Facade) (xiv) Metal & metal panels (Primary Facade) (xv) Porcelain and/or ceramic tile (xvi) Textured paint (xvii) Dimensional asphalt shingle roof(Primary Facade) Version 102.21.14 Page 18 (xviii) Any materials not listed above may be approved as a part of an ADLS application provided that the Plan Commission finds that the material is of a quality that is equal or superior to the above listed materials. F. Primary Facades: All Primary Facades of a building (noted in Exhibit D with a solid red line) will be designed with consistent style, detail and trim features. (i) In order to provide a pedestrian scaled environment, no Primary Facade will extend for a distance two (2) times its average height without a vertical offset, material change, or color and texture change. Vertical offsets shall be a minimum of two (2) feet in depth. (ii) No Primary Facade will extend for a distance greater than five (5) times its height without a change in building height. Articulation may also be achieved by a variety of roof planes and/or slopes. (iii) Primary Facades will incorporate building elements such as lighting fixtures and change in wall surfaces such as awnings, canopies, arcades, colonnades, alcoves, accents, windows, a variety of entry configurations, cornices, pilasters, columns or other building elements that contribute to the human scale of the building. G. Secondary Facades: (i) Secondary Facades will be finished in colors compatible with the colors of the Primary Facades. (ii) Secondary Facades will incorporate a minimum of 50% of the building materials and detailing of the Primary Facade over the entire wall length. (iii) No Secondary Facade will extend for a distance greater than three (3) times its average height without a vertical offset, material change, color change, or texture change. (iv) Secondary Facades will incorporate building elements such as pilasters, wainscots, accent banding or other building elements that contribute to the appropriate scale of the building. H. Building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, and other design elements appropriate to the architectural style and details of the building as a whole. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the architectural style of the structure. Version 102.21.14 Page 19 J. Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair façade composition; are designed as an integral part of the façade; and are limited to the first floor only. K. Pedestrian scale detailing is required on the front elevation of the building at the ground level. Because the buildings are viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian. L. Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Commission. M. Ground level mechanical/ telecommunication equipment shall be screened from the street and adjoining residential zones or uses using walls, fencing, landscaping, or other method approved by the Commission. N. At a minimum, every Primary Façade must have openings for windows. O. Stucco and EIFS shall not be installed within eight (8) feet of finished grade. P. Fiber cement siding shall not be installed between finished grade and the horizontal line defined by the bottom of the first-floor windows. 7.2 The following architectural design standards will apply to Multiple Family and Mixed Use buildings: A. Building Entrances: (i) For all buildings that face a public street, there must be at least one entrance on the front of the building. All buildings must be accessible from both the front of the building and the parking areas. (ii) Exterior walks, steps, stoops and paving must be Masonry or stone pavers, or poured or pre-cast concrete. B. All upper level units shall be designed with either a balcony, mirador, or window seat which looks out upon a public street, a court yard, parking area, or public open space. 7.3 The following architectural design standards will apply to Single-Family Attached buildings: A. Exterior walks, steps, stoops and paving must be Masonry or stone pavers, or poured or precast concrete. Exterior stair handrails and other stair details may be Version 102.21.14 Page 110 stone, precast concrete or wrought iron. Wood decking and handrails are allowed only in the rear of a building. B. An articulated cornice must be provided where the roof meets the top of the building wall. C. The front door must face the street and be recessed three (3) to five (5) feet from the front wall of the building façade. D. The finished floor level of the first floor shall be two (2) to six (6) feet above sidewalk level in the front, but may be on grade in the rear. This is to create visual privacy for windows on the street, and to create a rhythm of stoops. E. The foundation should be articulated in a different material than the main façade. There may be windows in the foundation wall which respond to a partially below- grade lower level. F. Low, wrought iron fences and stone or brick walls no taller than thirty (30) inches are allowed in the front yard setback. G. Wrought iron, shadow box wood fences, or other approved fence, or brick or stone walls up to six (6) feet tall are allowed in side and rear yards. H. Attached Dwellings constructed on Grand Boulevard shall incorporate scale, massing, rhythm, façade composition, materials, and color complementary to and creating continuity with the existing and adjacent Multiple Family Dwellings. 7.4 Character illustrations indicating conceptually the intended architecture and appearance of the buildings within the District are provided in the Exhibit E. Section 8. Lighting Standards. 8.1 Street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. 8.2 All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. 8.3 The maximum height of light standards in parking areas shall not exceed the building height, or twenty-five (25) feet, whichever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. 8.4 Parking area lighting and street lighting shall be of uniform design and materials. 8.5 Exterior lighting shall be architecturally integrated with the building style, material and color. Version 102.21.14 Page 111 8.6 Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use, illumination levels shall not exceed 0.5 footcandle at the property line. Section 9. Sign Standards. 9.1 The District shall comply with Chapter 25.07 of the Zoning Ordinance. Section 10. Landscaping. 10.1 Landscape Plan. A. A Landscape Plan shall be submitted to the Commission per Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage Regulations and the Board per Chapter 21: Special Uses & Special Exceptions. B. The Landscape Plan [as defined herein] shall provide, but may not be limited to, street trees, foundation plantings, parking lot plantings, and other exterior improvements such as courtyards, and plazas. C. The Landscape Plan shall be submitted electronically (portable document format (PDF) or equivalent) and also on paper sheets not smaller than eleven (11) by seventeen (17) inches, and not larger than twenty-four (24) by thirty-six (36) inches. D. The Landscape Plan shall exhibit a design that is integral and coordinated with other corresponding improvements for the site and which clearly demonstrates the function, location, size and scale of plants in relation to buildings and other site improvements, and to minimize conflicts with commercial signage. (See City of Carmel's Sign Ordinance Visual Guide — Available from the Department of Community Services) E. The Landscape Plan shall be drawn to scale, including dimensions and distances, and drawn to correspond with all existing and planned buildings and other physical improvements, including overhead and underground utilities. F. The Landscape Plan shall identify locations of all current and proposed utilities and service areas, including: ground level mechanical equipment, HVAC compressors, telecommunication equipment, electrical transformers, utility meters,public approaches and any adjoining residential zones. G. The Landscape Plan shall include graphic planting details for trees, shrubbery, and ground cover/ornamental grass. (See City of Carmel's Graphic Planting Details—Available from the Department of Community Services) Version 102.21.14 Page 112 H. The Landscape Plan shall include a schedule of plants: including a symbol key, botanical name, common name and shall delineate the size, container type, description and quantity of all plant material. L The Landscape Plan shall identify locations of new plant material with keyed symbols. 10.2 General Provisions A. Unless otherwise specified in this ordinance, the dimensions and design of any planting area shall be sufficient to contain the landscaping material planted therein and to provide for proper growth. The planting areas shall contain topsoil which is free of non-soil material, brick and other building and construction material. The following minimum interior dimensions for all planting areas shall be used: B. Shade and Conifer Trees: Fifteen (15) feet long by eight (8) feet wide by three (3) feet in depth C. Ornamental Trees: Ten (10) feet long by five (5) feet wide by three (3) feet in depth D. Shrubs (only): Five (5) feet long by five (5) feet wide by three (3) feet in depth E. When trees are isolated from other lawn and green areas by sidewalks, drives or other impervious surfaces, the Plan Commission, Director or his/her designee may require Soil Volume Replacement Technologies be applied to sustain the life of the plant material when the dimensions of the planting area does not meet the requirements of Section 10.2(A). F. When trees are planted within hardscaped areas, they shall be planted in tree wells with approved drainage systems and Soil Volume Replacement Technologies. When a tree grate is used it must be capable of expansion and be expanded to accommodate tree growth. The dimensions of the tree well and grate shall be at least six (6) feet by six (6) feet by three (3) feet in depth. G. A vegetative cover shall be used for all landscaped areas except for mulched plantings beds containing trees and/or shrubbery and inert stabilization in areas subject to severe runoff or erosion. H. Screening general areas: All air conditioning units, utility boxes, pad mounted transformers, HVAC systems, exhaust pipes or stacks, and satellite dishes shall be integrated into the overall building design or screened from the Street Right-of- Way and adjoining residential zones by using walls, fencing, mounding, parapets, penthouse screens, landscaping, camouflage or other approved methods. Access to these areas for maintenance purposes shall be designed into the plan. Version 102.21.14 Page 113 I. Screening of outdoor storage, refuse and loading areas: All outdoor storage, trash and refuse containers and loading areas shall be screened from all Streets and adjacent residential properties. An opaque screen at least six (6) feet in height comprised of plants, trees, walls or other opaque materials must be provided. J. No plant material or berm shall obstruct the sight distance of motorists entering or leaving the site. 10.3 Plant Material. Plant material shall be selected and installed to comply with the following requirements: A. Landscape materials selected shall be appropriate to local growing and climate conditions and follow the guidelines set by the American Standard for Nursery Stock. ANSI Z60.1 (current edition) American Association of Nurserymen, Inc. B. Recommended and undesirable Trees: (See City of Carmel's Recommended Tree List—Available from the Department of Community Services) C. Trees and shrubs shall be carefully selected and properly planted and maintained whereas they will not: (i) Impair pedestrian access to sidewalks and structures; (ii) Cause damage to nearby buildings or adjoining public improvements; (iii) Interfere with aboveground and underground utilities, including access to aboveground and underground utilities; (iv) Conflict with vehicles when parked; and (v) Restrict or impair sight distance of motorists and bicyclists entering or leaving the site. D. Ground cover shall be of live plant material. Bark, stone, gravel, and similar materials may be used in combination with a vegetative cover. E. Condition: All plants shall be of specimen quality, superior form, healthy, vigorous, well branched, densely foliated when in leaf, free of disease and insects eggs or larvae and shall have well-developed root systems. They shall be free from damage or conditions that would prevent normal growth. F. Diversity: Tree genus and species selections for a site shall coincide with the following chart. To achieve certain design effects, a greater number of the same tree genus and/or species may be approved by the Director or his/her designee. The following chart represents tree genus and species variation for any given site. An appropriate and diverse mix of plant sizes and materials shall be provided for all other plant material. Version 102.21.14 Page 114 Number of New Trees Maximum Percentage of Maximum Percentage of Any One Genus Any One Species 1-19 50% 50% 20-39 33% 25% 40-59 25% 15% 60 or more 15% 15% G. Size of Plant Material: All plant material shall be installed in accordance to the following size specifications below. All planting material shall be in accordance with the most current publication of the American Standard for Nursery Stock as produced by the American National Standards Institute, Inc. (i) Street trees and shade trees: All street trees and shade trees at the time of planting shall have a minimum caliper of two and one-half (2.5) inches when measured from six (6) inches above ground level. (ii) Ornamental trees: All ornamental trees at the time of planting shall have a minimum caliper of one and one-half (1.5) inches when measured from six (6) inches above ground level. (iii) Evergreen trees: All evergreen trees at the time of planting shall have a minimum height of six (6) feet. (iv) Shrubbery: All deciduous and evergreen shrubs at the time of planting shall have a minimum height of eighteen (18) inches. (v) Ground Cover/Ornamental Grass: All ground cover/ornamental grass at the time of planting shall have a minimum size of one (1) gallon unless otherwise noted on the Landscape Plan. 10.4 Landscape Requirements. A. Street Trees: (i) Street trees shall be required with all new or re-developed Street Rights-of-Way except in places where utility conflicts occur. (ii) Street trees shall be planted, replaced, and maintained within the Street Right-of-Way per the Street Tree Regulations passed by the Council pursuant to Ordinance D-1091 (See Carmel City Code §2-22). (iii) Maximum spacing between street trees shall be fifty (50) feet and a minimum of twenty-five (25) feet. (iv) When a median is established on or adjacent to a road, the following guidelines should be adhered to: Version 102.21.14 Page 115 (a) The median shall exist along the center of the thoroughfare and act as a divider between opposing lanes of traffic. (b) The minimum base-planting unit for this area shall include: three (3) shade trees and ten (10) shrubs per 100 linear feet. (See also General Provisions, Section 10.2(A), for minimum planting area dimension requirements.) B. Foundation Planting: (i) Foundation plantings shall be provided for all new buildings and building additions. (ii) Foundation plantings shall occur within planting beds at least five (5) feet in width, with exceptions for appropriate approach Driveways, courtyards, plazas, and pedestrian access to building entrances. (iii) The primary landscaping materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall cover 75% of the planting area. (iv) Spacing for foundation shrubbery shall not exceed five (5) foot intervals; except where occupied by an impervious surface. C. Parking Lot Planting: Parking lot perimeter plantings and parking lot interior plantings shall be landscaped on all sides. (i) Parking Lot Perimeter Planting: (a) On-site parking lots or structured parking adjacent to a Street must be separated from the Street Right-of-Way with a planting area no less than eight (8) feet wide containing shade trees, shrubs or fences/walls up to four (4) feet high. (b) On-site parking lots or structured parking located along the side or rear lot lines of subject parcel(s) must be separated from the adjacent use with a planting area no less than five (5) feet wide. The minimum planting unit for this area shall include: four (4) shade trees and twenty (20) shrubs per 100 linear feet. (ii) Parking Lot Interior Planting: (a) Parking Lot Interior Plantings shall be located within parking lots as landscaped islands, medians, traffic delineators, at the end of parking bays, and between rows or parking spaces in a manner such that no parking space is located more than sixty-six (66) feet from a shade tree. Version 102.21.14 Page 116 (b) A minimum of one (1) shade tree and five (5) shrubs shall be planted for every ten (10) parking spaces provided. (See also General Provisions, Section 10.2(A), for minimum planting area dimension requirements.) 10.5 Landscape Installation and Maintenance. A. Installation: All required landscaping approved as part of a DP/ADLS plan shall be installed prior to the issuance of a full Certificate of Occupancy. When it is not possible to install the required landscaping because of weather conditions, the property owner may be issued a temporary Certificate of Occupancy for a period up to six (6) months or until the installation can be completed and the final landscape inspection passed, whichever is less. B. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of all trees, shrubbery and other landscaping approved as part of the DP/ADLS Plans in accordance with the standards set by this sub-section. This should consist of watering, fertilizing, proper mulching, clearing of debris and weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead, hazardous or dying plants, treating for disease or injury, or any other similar act(s) which promotes growth, health, beauty and the life of trees, shrubs, turf and other plants. (i) Maintenance practices should follow the guidelines set by the American National Standard for Tree Care Operations, ANSI A300 (current edition). American National Standards Institute,Inc. (ii) Injury of Trees: Unless specifically authorized in writing by the Director or his/her designee, no Person shall intentionally damage, cut, carve, transplant, remove, or attach any rope, wire, nails, staples, advertising posters, or other contrivance; allow any substance which is harmful to such trees to come in contact with them; or set fire or permit any heat to burn and injure any portion of any such tree. (iii) Topping of Trees: Topping [as defined herein] shall not be considered a reasonable maintenance practice. Topping is defined as the severe cutting back of limbs internodally to stubs larger than two inches in diameter within the tree's crown to such a degree as to remove the natural canopy and disfigure the tree. Trees damaged by storms or other natural events, or trees under utility wires or other obstructions where proper pruning practices are impractical, may be exempted from this ordinance at the determination of the Director or his/her designee. (iv) Shrubbery will be allowed to grow to a natural height of at least three (3) feet without hedging or significant pruning. Minor pruning of dead, dying, crossing or individual elongated limbs for shaping will be allowed. Version 102.21.14 Page 117 (v) Irrigation systems shall not be installed in the city owned Right-of-Way without approval by the Board of Public Works. The City does not assume responsibility for any damage incurred to an unpermitted irrigation system that is caused by work being performed in these areas. C. Changes after Approval: No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed without first obtaining further Commission approval pursuant to Section 24.99(B) and in accordance with the Plan Commission's Rules of Procedure. However, Minor and Material Alterations in landscaping may be approved by the Director or his/her designee in order to conform to specific site conditions, only when the alteration results in an improvement to the previously approved plan. A letter requesting approval of changes shall state the following: (i) Letter shall be on company letterhead—preferably owner's (ii) Name of the project, Plan Commission or Board of Zoning Appeals docket number and building permit number (iii) Count of plant material that will be substituted and the count of plant material that will be installed (iv) Species of plant material that will be substituted and the species of plant material that will be installed (v) Location of substitutions or an attached revised Landscape Plan (vi) Quantity of plant material shall be equal or greater (vii) Quality of plant material shall be equal or better D. Inspection: The Director or his/her designee shall have the authority to visit any development to inspect the landscaping and check it against the approved plan on file. 10.6 Product Material & Refuse Storage: A. Material or product storage shall occur within the Principal building or an Accessory building, unless otherwise directed in other areas of this ordinance. B. Any Accessory Building for storage shall: (i) Be architecturally compatible with the Principal building and integrated into the overall site layout. (ii) Be approved by the Commission. C. Any Accessory Building for storage or disposal of refuse shall: Version 102.21.14 Page 118 (i) Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse. (ii) Be architecturally compatible with the Principal building and integrated into the overall site layout. (iii) Be approved by the Commission. Section 11. Open Space. 11.1 The District shall include a minimum of 5% percent (1.5 acres) of the Real Estate, exclusive of public street right-of-way, as open space. 11.2 The general location and configuration of the Open Space in The District is depicted on Exhibit F. Section 12. Transportation Systems. 12.1 Transportation systems in the District shall comply with the Transportation Plan, unless otherwise noted in Exhibit G (Figures 1 and 2) or below: A. Main Street Minimum Right-of-Way: sixty (60) feet (half) B. Old Meridian Street Minimum Right-of-Way: fifty (50) feet(half) 12.2 Public and private streets are permitted in the District. Right-of-way shall be dedicated as shown in Exhibit G (Figure 2). 12.3 Streets and Alleys: A. All streets must accommodate on-street parking, unless otherwise determined to be infeasible by the city engineer. B. Cul-de-sacs shall be prohibited. C. Alleys shall not form the boundary of a park, square, or greenbelt unless a Masonry wall, no less than four (4) feet in height, is used for separation. D. Utilities shall run along alleys wherever possible. Power lines or other cable utility shall be installed underground. 12.4 The final location of curb cuts shall be reviewed at the time of DP/ADLS Approval. 12.5 The District shall comply with the Bicycle and Pedestrian Facility Plan of the Transportation Plan. 12.6 Sidewalks shall be installed on all private streets within The District. Version 102.21.14 Page 119 • Section 13. Development Plan Approval. 13.1 Approval or Denial of Final Development Plan. A. All buildings and associated parking, landscaping, lighting and signage shall require DP/ADLS Approval, as prescribed in Chapter 24 of the Zoning Ordinance. B. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the final Development Plan and/or Secondary Plats (collectively, the "FDP") for the Real Estate; provided, however, that the approval shall not be unreasonably withheld or delayed if the FDP is in substantial conformance with the requirements of this Ordinance. If the Director disapproves any FDP, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission. C. The Plan Commission may, after a public hearing, grant a Zoning Waiver of any of the dimensional standards of the Ordinance, by less than ten percent (10%) of the specified standard. Any approval of such waiver is subject to the following criteria: (i) The proposal shall be in harmony with the purposes and land use requirements contained in the Ordinance. (ii) The proposal shall complement the overall development plan and the adjoining streetscape and neighborhoods. (iii) The proposal shall not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the District, and must not adversely affect emergency access in the area. D. The BZA may authorize Variances from the terms of the Ordinance, subject to the procedure prescribed in Chapter 30 of the Zoning Ordinance. Section 14. Violations and Enforcement. 14.1 The enforcement of any violations of this Ordinance, including violations of conditions and safeguards established in connection with the granting of subsequent variances, special uses, or plat approvals, shall be subject to and governed by the authority and procedures set forth in the Zoning Ordinance, including Chapter 34 of the Zoning Ordinance, which shall apply. Section 15. Adoption. 15.1 This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Version 102.21.14 Page 120 Schedule of Exhibits. Exhibit A Legal Description of Real Estate Exhibit B Concept Plan Exhibit C Schedule of Uses Exhibit D Primary Facades Exhibit E Character Illustrations Exhibit F Open Space Exhibit Exhibit G Figure 1: Street Width Matrix Figure 2: Right of Way Exhibit Version 102.21.14 Page 121 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 (OM LAND HOLDINGS, LLC) A PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 08 MINUTES 21 SECONDS WEST 1,036.75 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION TO THE NORTHEAST CORNER OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2006-00033639 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 18 MINUTES 29 SECONDS EAST 279.88 FEET ALONG THE EAST LINE TO A POINT ON THE NORTH LINE OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2006-00033637 IN SAID RECORDER'S OFFICE; THENCE NORTH 89 DEGREES 08 MINUTES 21 SECONDS EAST 754.18 FEET PARALLEL WITH SAID NORTH LINE TO THE WESTERLY RIGHT-OF-WAY,LINE OF OLD MERIDIAN STREET (FORMERLY U.S. HIGHWAY 31); THENCE SOUTH 35 DEGREES 39 MINUTES 16 SECONDS WEST 1,291.83 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER SECTION; THENCE SOUTH 89 DEGREES 05 MINUTES 47 SECONDS WEST 632.98 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF THE 10 ACRE TRACT DESCRIBED IN INSTRUMENT NUMBER 2003-97403 IN SAID RECORDER'S OFFICE; THENCE NORTH 00 DEGREES 12 MINUTES 48 SECONDS WEST 700.00 FEET PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION TO THE NORTH LINE OF TRACT 7 DESCRIBED IN INSTRUMENT NUMBER 2006-00033643 IN SAID RECORDER'S OFFICE; THENCE NORTH 89 DEGREES 05 MINUTES 47 SECONDS EAST 309.02 FEET PARALLEL TO SAID SOUTH LINE TO THE WEST LINE OF TRACT 11 DESCRIBED IN INSTRUMENT NUMBER 2006-00033647 IS SAID RECORDER'S OFFICE; THENCE NORTH 00 DEGREES 53 MINUTES 21 SECONDS EAST 338.76 FEET ALONG SAID WEST LINE AND PROLONGED WEST LINE TO THE SOUTHWEST CORNER OF TRACT 1 (AKA: TRACT 3 AS RECORDED IN INST. NO.: 1996-26849); THENCE NORTH 00 DEGREES 18 DEGREES 29 SECONDS WEST 279.88 FEET ALONG THE WEST LINE OF TRACT 1 AS DESCRIBED IN INSTRUMENT NUMBER 2006- 00033637 IN SAID RECORDER'S OFFICE TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE NORTH 89 DEGREES 08 MINUTES 21 SECONDS EAST 315.00 FEET ALONG SAID NORTH LINE TO THE PLACE OF BEGINNING CONTAINING 23.624 ACRES, MORE OR LESS. PARCEL 2 (BOOMERANG DEVELOPMENT, LLC) A PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 08 MINUTES 21 SECONDS WEST 1,351.75 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION TO THE NORTHEAST CORNER OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2005-00019281 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 18 MINUTES 29 SECONDS EAST 279.88 FEET ALONG THE WEST LINE TO A POINT ON THE NORTH LINE OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2006-00033637 IN SAID RECORDER'S OFFICE; THENCE SOUTH 00 DEGREES 53 MINUTES 21 SECONDS WEST 338.76 FEET ALONG SAID WEST LINE AND PROLONGED WEST LINE TO THE SOUTHWEST CORNER OF TRACT 11 AS DESCRIBED IN INSTRUMENT NUMBER 2006-00033647 IN SAID RECORDER'S OFFICE AND TO THE NORTH LINE OF REAL ESTATE DESCRIBED IN INSTRUMENT NUMBER 2006-00033643 IN SAID RECORDER'S OFFICE; THENCE SOUTH 89 DEGREES 05 MINUTES 47 SECONDS WEST 309.02 FEET ALONG SAID NORTH LINE TO THE WEST LINE OF A 10 ACRE TRACT; THENCE NORTH 00 DEGREES 12 MINUTES 48 SECONDS EAST 618.81 FEET ALONG SAID WEST LINE OF SAID 10 ACRE TRACT PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION TO THE NORTH LINE OF SAID QUARTER QUARTER; THENCE NORTH 89 DEGREES 08 MINUTES 21 SECONDS EAST 310.47 FEET ALONG SAID NORTH LINE TO THE TO THE PLACE OF BEGINNING CONTAINING 4.421 ACRES, MORE OR LESS. PARCEL 3(EDWARD ROSE PROPERTIES, INC.) PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, Version 102.21.14 Page X22 RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A POINT IN THE NORTH LINE THEREOF A DISTANCE EAST 699 FEET OF THE NORTHWEST CORNER THEREOF; THENCE PARALLEL WITH THE WEST LINE OF SAID QUARTER QUARTER SECTION SOUTH 00 DEGREES 10 MINUTES 07 SECONDS EAST 300.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION NORTH 88 DEGREES 49 MINUTES 52 SECONDS EAST 161.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE A DISTANCE OF 141.13 TO THE WEST LINE OF 10 ACRES OFF THE EAST SIDE OF SAID QUARTER QUARTER SECTION;THENCE PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION AND ALONG THE WEST LINE OF SAID 10 ACRES SOUTH 00 DEGREES 04 MINUTES 27 SECONDS EAST 113.10 FEET; THENCE SOUTH 88 DEGREES 47 MINUTES 49 SECONDS WEST ALONG THE NORTH LINE OF THE RIGHT-OF-WAY OF FAIRFAX MANOR DRIVE A DISTANCE OF 138.88 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 46 SECONDS WEST, A DISTANCE OF 113.08 FEET TO THE POINT OF BEGINNING, CONTAINING 0.363 ACRES. PARCEL 4(EDWARD ROSE PROPERTIES, INC.) PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A POINT IN THE NORTH LINE THEREOF A DISTANCE OF EAST 699 FEET OF THE NORTHWEST CORNER THEREOF; THENCE PARALLEL WITH THE WEST LINE OF SAID QUARTER QUARTER SECTION SOUTH 00 DEGREES 10 MINUTES 07 SECONDS EAST 300.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID QUARTER QUARTER SECTION NORTH 88 DEGREES 49 MINUTES 52 SECONDS EAST 302.59 FEET TO THE WEST LINE OF 10 ACRES OFF THE EAST SIDE OF SAID QUARTER QUARTER SECTION; THENCE PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION AND ALONG THE WEST LINE OF SAID 10 ACRES SOUTH 00 DEGREES 04 MINUTES 27 SECONDS EAST, A DISTANCE OF 648.80 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 00 DEGREES 04 MINUTES 27 SECONDS EAST, A DISTANCE OF 335.50 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 459.50 FEET, WITH A CENTRAL ANGLE OF 45 DEGREES 58 MINUTES 52 SECONDS (WHICH CHORD BEARS NORTH 23 DEGREES 03 MINUTES 53 SECONDS WEST, A CHORD DISTANCE OF 358.94 FEET) THROUGH AN ARC DISTANCE OF 368.76 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 27 SECONDS WEST, A DISTANCE OF 5.09 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 59 SECONDS EAST,A DISTANCE OF 140.20 FEET TO THE POINT OF BEGINNING, CONTAINING 0.750 ACRES. PARCEL 5(HEATHCO) PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION TWENTY-SIX(26),TOWN EIGHTEEN (18) NORTH, RANGE THREE (3) EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE THEREOF DISTANT EAST SIX HUNDRED NINETY-NINE (699) FEET OF THE NORTHWEST CORNER THEREOF,THENCE SOUTH THREE HUNDRED (300) FEET, THENCE EAST ONE HUNDRED (100) FEET, THENCE NORTH THREE HUNDRED (300) FEET, THENCE WEST ONE HUNDRED (100) FEET TO THE PLACE OF BEGINNING. PARCEL 6(SIMMERMAN) LAND IN HAMILTON COUNTY, STATE OF INDIANA, BEING PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 26,TOWNSHIP 18 NORTH, RANGE 3 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE THEREOF DISTANT EAST 799 FEET OF THE NORTHWEST CORNER THEREOF;THENCE SOUTH 300 FEET,THENCE EAST 100 FEET, THENCE NORTH 300 FEET,THENCE WEST 100 FEET TO THE PLACE OF BEGINNING. Version 102.21.14 Page 123 EXHIBIT B ,s;...,. Cr . °°o '`'.�y i d'f 5-t ; �3" L.• >t 8. 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''';';Lt.':'� `;� � tX� `A.YjYI � 9 ♦N` cw+. d♦ P\�* �.�'!� x; `` �,(�*�,�� 't.m* '�,.s f d j , ® d ! ¢t:le-, " .1 '��`d.,;`� d � 0 t Sip�'� !lid, t ,a z *, `e ,. - �R c,:47:•;;Z--; u t j ' ti ,!a*r' a>�... � �'r� 8 *� �'''x �' S� c � ?�▪ _,,,,,,,..,, ,,,w.,,,,,,..,„,,,..,0 a. � � .� ' ♦��'��' � °ate ' �' � �'�s” ` "�• ax- � axz V i >l i'`s se ; ?.' !; � # � "x` IO O ,- :,* F "_ fY 5 4▪P ,+ ¢.gyp 7 'g 'r7c`-k^ �.r ' # ,r x*`s _��^ ;.: R `3 'fir;14-'S ....,e,;,{` ' .L' "f: r.1`�Y j''3 qty " e p � � �' x'�$w` : 3 APARTMENTS 3&4 STORY -I tO ,d.+„'4-n .zx,.p .raises' ' ate` , L sp��� y rip � ' SENIOR LIVING 3&4 STORY 1 v8 es • �P ldr r�x � TOWN HOMES 3 STORY �'N I F a w vi :; a i"(0 ., r , RETAIL 1 STORY ` yF P "d 8 $S k? :t &` `, r, t •the x 4.•,,:. �,� O \� � e I HOTEL 5 STORY , ,I ¢� „6 '100° 20,+ t 400 stit6i °.t SQ'� i',._ . t4. --.4,-,-4-,.'„,w, Air P.3',, x " ft s t 0 .,L;.1. c z ..w GR $% 5�� .,ems e ar•. :1.1e;11::.,r,° ' ie '.. - 1. dO "°'C ay '` eF +�x sai`E� v'TF� rapt _.:..F''''.t115`4,"`�'$' o, e ^�- i�`"@ k OUT.: »"P 2+ } - Q 4 kit ,� '3e•n t. a M o' ,.-r+�u�ey . rt.� .p x .- �' $.'x^R:MY .. R ....�<a'4i.Sr. a-`e'.: ..,y '�`F"� K� fi �hn Version 102.21.14 Page X24 EXHIBIT C SCHEDULE OF USES P =Permitted Blank =not permitted A =Accessory Residential Uses P'-i ngle Faini.ly Dwel;ling. Two Family Dwelling Multiple giFamily Dwelling ` li q q P , '01.7 iffirik Accessory Dwelling P Mobiles IIome�ourf wrh � .,. M 1 Attached Dwelling P Nome Occupation-4 ......_ ▪ s.ti' "i Residential Kennel A 4l`Bedw& l3reaJfast lnll ��9 ". a d▪ �' ' s ,°<°.,a , .a .,..a'.� .,.,, P,i a' Model Home P Bona Fide Servants Quarters Boarding gHois"e-��i r'";`1:1,.°'$,g` 'i, re,, ii£ Nursing/Retirement/Convalescent Facility P „Contanuing CarealRctirementuCommuntty(CCRC) a,, Private Swimming Pool, etc. P Office Uses kClintc or Medtca ;Health Center Research Laboratory/Facility P G�eneal Offi°ees �a gl l g ', p Professional Office P .ark, Institutional Uses •Church/Temple/,Place of Worship °• . ... ' Hospital P Library= M,r ��a �qah r ` "tt��� p$ x a .4,.N Penal or Correctional Institution Post Office? P Power Generating Plant fi 0, `,qu 3 m ,- Y -. ICE Iri ..F"s�, z° Public Ser�uice Facility fi Eaukkk. : �x.l Commercial Sewage or Garbage Disposal Plant Water.;Maila etnent Version 102.21.14 Page X25 Educational Uses yy 55555'"'54" 45'0015'5.745'55,4344 School Trade"or Business .....�, tom ° .. ._ �i0%i5 P. College or University P aS6ReA:�'�Pa C}. op " ' .i s Day Nilrse►y/Daycare 5 7 a P Kindergarten/Preschool P Sc11og1 of General Eletnentaiy�or Secondary Education....or'," iP 4,, Retail & Service Uses fla s'k78a r �F,43 €�i €7 ' lip � 3, P q.�ienela RetallSales -- @ Lumber/Building Materials Sales(enclosed) Geelal'Slervlce _ ��q�,J 0 Automobile.Service Ae u tolnorle/,Boat,S,aSets a tion b .0 ls . .. h 8g I I rz r�7x'-'41.":001"0-04",540E.00 Automobile/Truck Repair(indoor) =Mc1IlufaCtji d }?!isin rK S s d'11 �5 41 Pre is — < 1 171 %MO Car Wash r11 �I�p 4 "2 PP Co1 1rre2 CIa e11 ee a0 � s Dry Cleaning Establishment(with on-site plant) 3p r Cleanmgr statillsllment without on-site lane 0�;Fa'= ' 11 pay Equipment Sales/Repair(indoor) Financial nnstitution_.. � ..;:_ l�,=;: c` _� �i� 'dddd Automated Teller Machine(ATM) P '�FoodStand Funeral Home/Mortuary/Crematory ecr eational'`Velice/Mob 1e.Hone°Sales 'SI° c µ€11PIC y Roadside Sales Stand St if Ser lice Lana-dry $...... _ 9F l s�.,k O,).z Sexually Oriented Business ' xp ' 7 I 5 Tatloo Stud 10 , . €4Fx . .. 4 Veterinary Hospital with commercial kennel a ' ROA:' aH� ah' ad s aa� in t r l p �... � r d 5 Veterlla►y ospital without commerera kenne 3 gi� Pd-v Wholesale Sales '.:7222M22' - y '1221.22427e,.2,27.4. �w �`V ' 0 'es. 1 s G? t nveIthrougbankln zand harmaC Y 1�6 5,11 P a#91,1 E ` F fir B el h9aIgr t o othr nses stin anowdorlve hrougtuncl Version 102.21.14 Page 26 Cultural/Entertainment Uses 4 ° 5 u t� F 'E_ Art�G_allery „ FG � � l � IMM Art&Music Center P °s R carniva31s, Fai rc uses yetc k..ea� T.. .. :a ��' . . .iF E lrs, C ,v( Hotel P y�'amu-awe 6 '"="2:;3101M,Piii0M, r 4 ° 5 y?a,re sa �aa Ali' Indoor Theater ��dd„� �"�N � &� �k'Y F � 1. ,.®utdoorTheater .ak.a.. . _ _, a. u. tt L l E......,. Catering Establishment P Restaurant, ithoutclt iuetihru food sales €4 _, ,x, ' ,a Restaurant, with walk-up/drive-thru food sales Museum Stadium of Coliseum f• l ! i° F Tavern/Night Club P Industrial Uses g;•,e 'r` „ iz " r .emu• ,� 1i Borrow t RIL0P Soil ReImloval& Storage „ RM�sµuc a �� A Heavy Industrial 511 1 a�EF;r �� Santta�y „ andfill,Junk Yard Sal age Y,iald lli m4 `�e pl Light Industrial ,6 @�w ' Stora"e and/ol,,,Warehousnago Indoor ' 3° � k Storage and/or Warehousing, Outdoor s 4 air_ `°Storage or Sale,4of P'ettoieutn Products . , ,FttkF.A itIn.; ummtl dn Coke Ovens/Brick Yards/Kilns/Open Hearth/Blast Furnace L i g}tM afactng '} ` , `tl l�l 11Fain �3 i ....355 ;F.,�.a:...2.nxe Eit .i u� iffi .-t_ 13,%, p .,inn Mineral/Sand/Gravel Extraction Operations rntmg/ ubl s.,, ng+EstabishmsnU.. .:..3 fkikti gatt_ "Aka Storage/Distribution Facility 0 t iii,45 Heavy Manufacturing Agricultural Uses iCPm ne cia G eenlouse ^ PAi 3,. 71 lq " t q°9� Ili! Raising/Breeding of Non-Farm or Exotic Animals r�51c �t�k4 ��t° c 5 °d a FeedoStoreA �k �� `' l _._ t '� ° �pp _ .� 94. ,-..»m.. �.,�+ ,r.., [,i s 5Y°�� 5BE ..n i= Plant Nursery ' �89 g' IR Grain4Elevator . n 'Nt_ r h° -_. bl General Agriculture(Farm) 'x F � "'.", -ar'- HorsesFarm. ',s..,: _.. a lba ca ,; ".. Version 102.21.14 Page 127 Recreational '211'..V17151:4 � � R A 5 Arm „ s ComierealaReeat ona( ,ae,n1ty xr P , Commercial Recreational Facility, Outdoor COn111111T1 ltyC t]ekerfi { S 6Ek8e.disi s,'e..i. �R 6 P Country Club CGo1f'Coul se Private Club or Lodge P PlivateRecreatlonaleFacdl Riding Stable Shooting Gallery Miscellaneous ArtificlalrLake oW ,on d(non,platted) r;� P^„4 Cemetery 14.or1C 411e'� ' S` _ s Temporary Uses CO11StI11C11OIl FaCI�1ty.,,n. & :,s..... .!-:4;;aS..a.w'at.. 1636,66r 6, ..nRFP..1.6 Display, Outdoor A lqp Model Homed _ i '` Sales, Outdoor A Sales SeasonahOutdoor �;"°.°., .....5. 1z.... ...,a� . P...,:.;. Special Event, Outdoor P Transportation & Communication Uses Antenna(4) 111W474.1 MA a 1 S k;��� �v a@ CollocatedAAntenfia4 :x � .. a.a �L t Radio and/or Television Studio r IRadiolTelevisionffransmiss1o1111nte1rna(3=) E., Radio/Television Transmission Tower k1roSW.,,e,x,.,<.,.qa c 6.6111 Wireless Telecommunications Antenna(1) P lre!ess Teleeommumcatlons Servllee1Tower.�.(2).� 3aR_epgs S.3 1 _b Motor Bus or Railroad Passenger Station F z �Private Airplane Landng/� i m Private Helicopter Landing/Service Facility COmmercc al Parking'.Lot rS�' � r 6 3, r Rte.�� �� ��.�. �� ��. ..� Private Parking Area A , rucl. Sto } & a t f Version 102.21.14 Page 128 EXHIBIT E CHARACTER ILLUSTRATIONS Version 102.21.14 Page 130 EXHIBIT F OPEN SPACE EXHIBIT F t ^+� ▪ ri'w !` a a �" •tm - .',"''''':.4•1..,:s. " �i t Ev 7.R E Et Ch 4..6Q yr ,, ffi. > t. ', ft �`+, ` a *W _ e —'....`.5 zr .v its 9 y #-sf NLL�§` �i { �y n ? .4�, S� a{p' 'v; F is '„�9' 4-. _ Y +.t t cn„' f §'r # 'F h s a r x w .�j,, L , -{n�`7.q..• S` '3' See ° ? T 'k Ld �, /_S ..%i..: ''it.,'!",1;-.L.,•:.,,, C A 64 ° ':".�s1„ - gsx''a tr- -;".-•, F. ' g 1 `` - r e S� x i'-=';ii-ai'L:t} � 3 u1 a :',..;:r4',.,:,,,.,.,..: a .. O CO "„t 1'� 4 4 'h^, #.y.t. w ''�� �. t y-.i $ z r , s N' > >., sit.Yf Fkr _.�y, 3 e 1 ._ �`«s;.y�c win ° _ ,^r -. � `, �, ! Open Space r y„ .. "�i,'. `31 � �a �}a a$�ef�S�}� z !�� ♦, � :'Keu.e� �,q. �. r ,�-. t� i ,. '� d°L. 4+* 4 �' s "Sar i, .aM u ,. , "�'! k a? 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'£9� ss "7 A Y a! 5 e s q�'h : a,»..,...b,....a:sa+:.Fx',._ ,,."z�...•«..,..._.dw ,_.,,e _ b.n.�,-. 1 fl F -..t.-ti.../'s." .c. a.3'L^:y.�.,. .�'"t, .. w`+...._ .._ ......."3,....... c-a. .1_.�..s A.` Pale X31 Version 102.21.14 EXHIBIT G • FIGURE 1: STREET WIDTH MATRIX 'i Fairfax Street Name Grand Manor Street A Street B _' ,". Boulevard Drive ' };'Thoroughfare Urban Urban Urban Urban 4desigration, Arterial Collector Collector Collector rw �� 100' 60' 60'� 60' lVlimmum R®W� 4(f611 width,feet) Number'oflanes 2 2 2• 2 ''(maximum) w° 0,j 1 fit; 1 _ Lane width. 11' 11' 11': 11' . (min)mum) ; Curbs 1, required required required f requ ired On-street parking optional optional optional optional (minimum width, 6-T:or two : o ne or two one or two one or two sides (7) sides (7') sides (7') sides (7') x Three`plot '° 5' 4' ,4!'.. 4 1 (minimum width) ;. Street`Trees • Required Required Required Required Notes: 1. internal streets may remain private. 2. Street trees shall not block vision clearance triangles or traffic control signs at intersections. City shall have right to remedy any obstruction. Version 102.21.14 Page 132 S+' P SED y the Common Council of the City of Carmel, Indiana, this 0( i day of 20 ,by a vote of fQ ayes and 6 nays. COMMON COUNCIL FOR THE CITY OF CARMEL r Presiding Officer Kevin D. Rider i 4,7 J7 0-)4:4 ) + i W. Eric Seiden icker, President Pro~Tempore Carol Schleif u L-- -2_,_<„,c-, -,, ?:,,, 47------ - Ronald E. Carter Richard L. Sharp / / I'J © + Pres e n`-i-' ....14461,.. - _,_ Sue Finkam Luc' . yder Ile ATTEST . -- / - - , a 0 Diana L. Cordray, IAMC, Clerk Treasu Presented by me to the Mayo the City of Carmel, Indiana this a a n day of . `d8 P .M. ii,,,,,.( c_...6,,,_,e, Diana L. Cordray, IAMC, Clerk T asurer Approved by me, Mayor of the City of Carmel, Indiana this .2 day of 204, at A'-. f.M /-,. G2 J les Brainard, Mayor ATTEST Alwar.(1....._i _.:....— --# ...0.x.., Diana L. ordray, IAMC, Clerk Treasure This Instrument prepared by: Steven D. Hardin, Esq., Faegre Baker Daniels, LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240. ' 1 s I :, n 102.21.14 " :, 134 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION TO THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE Z-587-14 Rezone 30.5 acres from Old Meridian District to PUD/Planned Unit Development To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 13100019, The District PUD, Edward Rose Rezone), petitioning to rezone from OM District to PUD/Planned Unit Development. The Carmel Plan Commission's recommendation on the petition of the applicant is `Favorable." At its regularly scheduled meeting of February 18, 2014, the Cannel Plan Commission voted Eight (8) in Favor, One (1) Opposed, Two (2) Absent, to forward to the Common Council the proposed Ordinance No. Z-587-14 with a "Favorable Recommendation". Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4-608(f), 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 the Certification is Tuesday May 20, 2014. CARMEL PLAN COMMISSION BY: Steven R. Stromquist, President ATTEST: 1, /L'�( Wit* } � f F ..,.` r) Lisa Motz, Secretary Carmel Plan Commission Dated: February 19, 2014