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BRENWICK
September 7, 2001
Mr. Jon Dobosiewicz
Department of Community Services
City of Carmel
One Civic Square
Carmel, Indiana 46032
RE: The Village of WestClay
Modification of Development Requirements
Docket 99-01 OA
Dear Jon:
Enclosed please find twenty (20) packets pursuant our anticipated appearance before the Carmel-
Clay Plan Commission on September 18, 2001. The packets contain the following information:
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Summary of the Modification of the Development Requirements
Petitioner's Statement in Support of the Modification
Currently Regulating Ordinance Z-330
Site Map
Miscellaneous Information on the Project
In addition, please also find one (1) copy of the "Proof of Publication" that served to advertise
the public hearing at the above date (not in the packet). Should you have any questions or
comments regarding the enclosed, or the project in general, please do not hesitate to contact us at
your earliest convenience.
Sincerely,
BRENWICK DEVELOPMENT COMPANY, INC.
~ Enclosure
12821 E. New Market St. Suite 200 · Carmel, Indiana 46032 . 317.574.3400 · 317.574.3919 Fax
brenwick@brenwick.com http://www.brenwick.com
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NOTES
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1. "Neotraditional projects proliferate in many parts of the U.S.," New Urban News,
. Volume 2, Number 5, September-October 1997.
2. The square footages of these buildings are: Education Center, 13;280 square feet (6,640
per floor, not counting basement)~ Meeting House, 17,472 square feet (5,824 per floor)~
Trustee's Hall, 1,825 square feet (not counting basement)~ and Chapel, 1,250 square feet.
3. Anton Nelessen, Visions For a New American Dream, page 45.
4. The proposed planned unit development district ordinance specifies the maximum
amount of retail and office space permitted in The Village of West Clay:
Total Office and Retail
Not to exceed 204,300 square feet, based upon the
ordinance maximum of 150 square feet for each of
the 1362 permitted units.
Total Retail
Not to exceed 102,1 50 square feet, based upon the
ordinance maximum of75 square feet for each of
the 1362 permitted units.
Total Offices Services
Not to exceed 170,250 square feet, based upon the
ordinance maximum of 125 square feet for each of
the 1362 permitted units.
5. The proposed primary plat and development plan shows actual densities slightly less than those
that would be permitted by the ordinance. The difference is to account for additional apartment units
that might be located above retail space in the Village Center and the possibility that portions of the
primary area might, depending upon the market, be used for residential uses rather than commercial
uses. The breakdown of residential units under the primary plat and development plan submitted are as
follows:
Total Residential Units:
Detached Single Family
Attached Villa
Townhouse
Apartment
958
28
113
225
Total
1324 (1.94 du/acre)
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ontents
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LIST OF MODIFICATIONS OF THE
DEVELOPMENT REQUIREMENTS
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PETITIONER'S STATEMENT IN
SUPPORT OF MODIFICATIONS
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EXISTING WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT
ORDINANCE
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SITE MAP
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MISCELLANEOUS INFORMATION
@ READY !NDE)(W !NDEXING SYSTEM
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MODIFICATION OF THE DEVELOPMENT REQUIREMENTS
ESTABLISHED UNDER THE WESTCLAV VILLAGE PLANNED UNIT
DEVELOPMENT ORDINANCE
AUTHORIZATION FOR MODIFICATION
Section 4.1 of Ordinance No. Z-330 establishing the WestClay Village Planned
Unit Development District (the "Ordinance") provides the Commission may, upon
petition of the Developer, modify any Development Requirements specified in the
Ordinance other than those relating to the uses authorized in Sections 5 and 6.
BRENWICK TND PROPERTIES, LLC is the Developer of The Village of
WestClay and the petitioner pursuant to Section 4.1 of the Ordinance.
Terms used herein which are not defined herein have the meaning ascribed to
such terms in the Ordinance.
MODIFICATION OF DEVELOPMENT STANDARDS
The Development Standards of the Ordinance are modified as follows:
1. Accessory Dwellinas. Accessory Dwellings shall not exceed 1,000 square
feet in floor area. (7.7)
2. Models. A dwelling may be utilized as a staffed model, including
temporary sales offices, during the course of build-out of the Development,
subject to the parking and signage requirements of Sections 16 and 18 of the
Ordinance. A Certificate of Occupancy shall be required before the model is
placed in service (new)
3. Commercial Units. Without the approval of the Commission, the
0.( aggregate square footage of commercial space in the District shall not exceed
,~~ 200 square feet of commercial floor area for each Permitted Dwelling, retail uses
'''f' in the District shall not exceed 1 o~quare feet for each Permitted Dwelling and
office and service uses in the Distn t shall not exceed 150 square feet for each
Permitted Dwelling (8.2,8.3,8.4) .'& ~ Jr
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4. Owner-occupied Dwellings. Owner-occupied dwellings may be located in
multi-story, mixed use structures. (8.5)
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5. Pedestrian Ways in Commercial Areas. An open pedestrian way of not
less than three (3) feet shall be maintained on sidewalks and courtyards utilized
for outside dining pursuant to Section 8.7 of the Ordinance.
6. Build-to Lines. The lots in each block shall be designated with a build-to
line set forth on the Secondary Plat. 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. (9.1.B) The build-to line for commercial use and mixed
use buildings shall range from a minimum of 0 feet to a maximum of 15 feet.
(15.8.0) .
7. Allev Curbina. A concrete apron may serve as point of termination for the
curb in an alley. (10.4.0)
8. Garaae Setback. The setback of a garage shall be governed by Section
15. A garage serving a small lot single-family detached dwelling or an attached
dwelling shall not encroach on an easement abutting any alley but may otherwise
be located on the alley right-of-way line (10.14.E; 15.3.0)
9. Closes. Closes shall not exceed 600 feet in length, as measured along
the centerline of the street. (10.5.E)
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10. Streets. Lots may be separated from a street through an "eyebrow"
median. (new)
11. Small Lot Width and Area. The minimum width of small lot single-family
lots at the build-to line shall be 40 feet and the minimum lot area shall be 4,000
square feet. No rear yard is required. (15.3.B, 0).\\.
12. Townhouse Lot Oepth. The minimum lot depth for attached dwellings
other than duplexes shall be 70 feet. (15.5.C)
13. Threshold Elements. Threshold elements 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. (15.12) For this purpose,
threshold elements shall consist of porches, stoops, stairs, balconies, eves,
cornices, loggias, arcades, chimneys, awnings, doors and windows 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 and/or a property line (3.0)
14. Multi-Vehicle Parkina Structures. Unless otherwise agreed by the
Commission, a parking structure designed to accommodate more than six (6)
motor vehicles may only be located on the interior of Village Center Blocks.
(new)
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15. Sianaae.
(a) The area of the signboard of a wall-mounted or painted sign shall not
exceed 10% of the ground floor building fac;ade area or 45 square feet,
whichever is less. (18.3.A(2))
(b) The area of a wall-mounted building directory sign shall not exceed 15
square feet. (18.3.C(4))
(c) The height of applied letters may not exceed 10 inches. (18.3.0)
(d) The signboard of a projecting sign shall not exceed an area of 10
square feet unless a corner sign which shall not exceed an area of 12
square feet, the width of the signboard shall not exceed 4 feet and the
height of the lettering, numbers or graphics shall not exceed 10 inches.
(18.3(C)) (18.3.E)
(e) The height of the lettering, numbers or graphics of a painted window
or door sign shall not exceed 5 inches. A painted window sign at the
second or third floor level of a Commercial Structure may only be
combined with a tree lawn sign. (18.3.G(3)) (18.3G(5))
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(f) Awning signs, if acting as the main business sign, shall not exceed 15
square feet and the height of the lettering, numbers or graphics shall not
exceed 10 inches; if acting as an auxiliary business sign, an awning sign
shall not exceed 5 square feet in area and the height of the lettering,
numbers or graphics shall not exceed 5 inches. (18.3.H)
(g) The area of the signboard of a free-standing sign shall not exceed 45
square feet and the height of the lettering, numbers or graphics shall not
exceed 10 inches. (18.3.1)
(h) The sign area of an illuminated window sign shall not exceed 10
square feet. (18.3.0)
16. Fences and Walls. With respect to single-family residential structures in
the District, (i) fences or walls in the front yard shall not be more than five feet
high, provided that entranceway and lot corners 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. (22.1; 22.3; 22.9)
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17. Villaae Center Blocks. As used herein, "Village Center Block" means each
of Blocks A, B, C, E, F, G and H depicted on the Development Plan. Where
reference is made in the Ordinance to "apartment block" or "commercial block"
the same shall be construed to refer to "Village Center Block".
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PETITIONER'S STATEMENT IN SUPPORT OF
MODIFICATION OF THE DEVELOPMENT REQUIREMENTS
STANDARDS FOR APPROVAL OF PROPOSED MODIFICATIONS
Section 4.3 of the Ordinance requires that any proposed modification of the
Development Requirements shall comply with the following guidelines:
A. The modification shall be in' harmony with the purpose ~nd 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.
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.
Section 4.5 of the Ordinance provides that if the Commission determines that the
proposed modifications will not have an adverse impact on development in the District,
it shall grant a modification of the Development Requirements.
Petitioner believes that none of the proposed modifications will have an adverse
impact and that each of them is consistent with the conceptual design standards of a
traditional neighborhood development.
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EXPLANATION OF PROPOSED MODIFICATIONS
1. Accessory Dwellinas. All accessory dwellings constructed to date are
above the garage. Because of the predominance of 3-car garages, the second
level space available for an accessory dwelling tends to approximate 1,000
square feet. Section 7.7 presently limits accessory dwellings to 850 square feet.
Petitioner proposes to increase this to 1,000 square feet. Petitioner does not
believe that this change would have any adverse practical effect since it is the
size of the garage structure and not the build-out of the second level that impacts
the streetscape.
2. Model Homes. The Ordinance does not address the issue of model
homes. Petitioner proposes to specify that staffed model homes may be
maintained during the course of development of the Project provided that they
comply with the applicable parking and signage requirements and that a
Certificate of Occupancy be obtained. The proposed wording reflects the key
items of the City Zoning Ordinance's new section 25.16. We have purposefully
omitted a limit in view of two factors: the anticipated build-out of 7 to 10 years for
the project, and the fact that our residents are moving in with the expectation of
commercial activity in their midst.
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3. Commercial Space. Petitioner proposes to modify Section 8 to permit
slightly more commercial space in the Primary Area. This is motivated by several
factors: first, the original Development Plan contemplated more two-story
buildings than Petitioner presently believes desirable to establish the sense of
enclosure in the Village Center that creates the environment that is necessary
and appropriate. The existing limitation does not afford sufficient square footage
to build the number of three-story buildings believed desirable. Second,
Petitioner originally contemplated building town homes on several of the Village
Center Blocks, but has concluded that while some such construction may be
feasible, it is unlikely that the market will support the number of units originally
contemplated and, without the ability to construct commercial buildings where the
town homes were originally proposed, gaps in the streetscape will result that most
people would find objectionable and contrary to the original vision for the project.
Third, the level of commercial amenities desired by residents and prospective
residents is greater than anticipated. High on their priority list is a first-class,
specialty grocer. To provide a facility consistent with these expectations will
require approximately a 20,000 square foot facility, which is twice the size of the
more modest facility originally contemplated. Finally, Petitioner has been
approached by a number of prospective operators of destination, full-service
restaurants who are interested in relocating to the Village. They are interested in
freestanding facilities up to 5,000 square feet; again, larger than anticipated. In
sum, Petitioner seeks the flexibility to respond to these opportunities which, if
realized, would greatly enhance the ambiance of the Village Center.
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The proposed modification would increase the authorized commercial square
footage for the Village by 16.67%, or 68,100 square feet. This additional square
footage would accommodate an increase in the size of a specialty grocer (10,000
s.f.), 3 free standing destination restaurant (15,000 s.f.) and additional buildings
or third floor additions (43,100 s.f.).
4. Owner-occupied Dwellinas. No specific provision is made in the Ordinance
for occupancy by owners of dwellings located in mixed-use structures, although
apartments are authorized in such structures. This proposal specifies that
owner-occupied dwellings are authorized in mixed-use buildings.
5. Pedestrian Ways in Commercial Areas. Section 8.7 permits outside dining
on sidewalks provided that pedestrian circulation and access to store entrances
are not impaired. To establish a precise standard of what constitutes
"impairment," Petitioner proposes adding the definition found in the Americans
with Disabilities Act Accessibility Guidelines that requires "an access aisle 36
inches clear between parallel edges of tables or between a wall and the table
edges" .
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6. Build-to Lines. To maintain the appropriate streetscape, the Developer
establishes a build-to line for each lot establishing the location of the front fayade
of the home. It's important to emphasize the distinction between a building line,
which says you may build the front of your house anywhere on your lot from this
point back, and a build-to-Iine, which requires that the front of the home be
precisely on that line. In typical neighborhoods, building lines establish that
buildings be rotated relative to the alignment of the street, while this proposal has
the intent of creating a wall of buildings that define a sense of place. Section
9.1.B provides that once established, 25% of the homes may vary from the
established build-to line. Petitioner seeks to increase the percentage of
permitted variance to 30% to afford the flexibility necessary to account for
different architectural styles requiring different setbacks. With respect to
commercial structures, the Ordinance established a 0 foot setback for retail
buildings. Since T AC requires a utility easement along the frontage line of
commercial lots abutting streets, the tightest setback is necessarily established
by the width of the easement. The modification of Section 15.8.0 proposed by
Petitioner takes account of this easement problem.
7. Allev Curbina. This amendment clarifies how the curb at a curb cut for an
alley is terminated. It was the original plan to extend the asphalt alleys to the
back of the curb; in deference to the construction traffic using the alleys during
the home building, a better design calls for pouring a heavy-duty concrete apron
instead.
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8. Garaae Setback. The existence of a utility easement between the rear
line of lots and the right-of-way of alleys dictates the location of garages for alley-
fed lots and the proposed modification takes account of this easement. The
current wording in the ordinance is somewhat confusing as it states (10.4.0) that
garages must be set back 3' from an alley-failing to specify whether that is the
edge of the 12' wide asphalt or the 24' wide alley easement. This amendment
clarifies that garages must be set back from the easement.
9. Closes. The "close" is a design alternative to the cul-de-sac; it is a "U"-
shaped street with a natural or landscaped interior of the "U". The maximum
length of a dead-end street is accepted to be 600' for typical cul-de-sacs and this
amendment conforms closes to that design criteria.
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10. Streets. An "eyebrow" is a variation of the close, with a less pronounced
"U". Eyebrows are typically used at street curves to grant lots additional frontage.
11. Lot Size. Petitioner has found that there is an extraordinary demand in
Carmel for quality single-family homes on small lots. When the project was first
proposed, perhaps the greatest skepticism arose in connection with Petitioner's
contention that there was a great void in the marketplace for custom homes on
small lots which afford the owner the opportunity to downsize without giving up
the quality of life they have previously experienced in larger, traditional homes.
The market acceptance of Village Homes has exceeded expectations. Whether
young or old, single or married, with or without children, there are numerous
people who like the idea of alley-fed, custom homes on small, limited
maintenance lots. In fact, many prefer smaller homes (at less cost) than may
presently be offered because of the provision in Section 15.3 of the Ordinance
which provides that detached single-family homes can only be constructed on
lots having a width of 45 feet or greater.
The key to the aesthetic appeal of homes on small lots is the proportion of the
width of the house to the width of the lot. If the proportion is less than 75% to
80%, then the home stands naked on the lot and offends the eye. The rhythm of
the streetscape is established by this proportion, not by the width of the lot. In
order to get smaller, more affordable homes (1700 to 2200 square feet)
appropriately on the lot Petitioner proposes to reduce the lot width from 45 feet to
40 feet with a corresponding reduction in lot area to 4,000 square feet.
12. Townhouse Lot Depth. The typical depth of a townhouse ranges from 32
to 40 feet. The required rear yard is 20 feet. If the townhouse has an attached
garage, the required lot depth is a maximum of 69 feet (40 feet for building
structure, 26 feet for the attached garage and 3 foot setback of garage from alley
pavement). If the garage is incorporated into the first floor of a three-story
townhouse, the maximum required lot depth is 60 feet (40 feet for building
structure and 20 feet for rear yard). The Ordinance presently requires a
minimum lot depth of 85 feet. Petitioner proposes to reduce the minimum to 70
feet.
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13. Threshold Elements. Petitioner proposes to increase the permitted
encroachment by threshold elements (porches, stoops, stairs, etc.) by 2.0 feet in
the Primary Area and 1.0 foot in the Secondary Area to accommodate the
protrusions typical of nineteenth century architectural styles.
14. Multi-vehicle Parkina Structures. There is no present restriction in the
Ordinance with respect to the size of garages. Petitioner proposes to restrict
parking structures designed to accommodate more than 6 vehicles to the interior
of Village Center blocks to accommodate parking for commercial structures.
15. Sianaae. When the Ordinance was drafted by Petitioner, the principal
concern was the relationship of signage to the style, height and design of the
contemplated Victorian commercial structures, and some arbitrary decisions
were made by Petitioner with respect to the size of signboards and lettering. In
each instance, Petitioner imposed standards that were materially more restrictive
than what the Carmel Sign Ordinance requires. As signage has been developed
for existing and proposed Victorian buildings, Petitioner has found that those
restrictions are too rigorous and have resulted in signage which does not bear
the desirable historical proportion to the buildings to which they are affixed.
Petitioner proposes to correct that failure by minor changes to the existing
requirements of Section 18, which would have the effect of establishing a visually
pleasing proportion between building area and signage area.
16. Fences and Walls The Ordinance establishes different standards for
fences and walls between the Primary and Secondary Areas. This has worked
against Petitioner's objective of having the entire project read as a single
community with compatible architectural styles. The proposed modification
would establish that the present standards applicable in the Primary Area will
also be applicable in the Secondary Area. Additionally, the proposed
modification would delete the prohibition against front yard fences less than three
feet high since historically many homes had lower fences to demarcate the
private from the public space at the sidewalk.
17. Villaae Center Blocks. Reference in the Ordinance to "apartment blocks"
and "commercial blocks" has created some confusion notwithstanding that
Section 9.3 specifies that "apartment blocks" and "commercial blocks" in the
Primary Area delineated on the Development Plan "may, notwithstanding any
designation, be utilized for any use permitted under Sections 5 and 6." To
eliminate this confusion, Petitioner proposes to recharacterize these blocks as
"Village Center Blocks", which are the blocks surrounding the Meeting House
which may be developed for a multiplicity of uses.
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draft: 12/15/97
revised: 2/16/98
4/1 0/98
6/3/98
6/29/98
7/6/98
7/8/98
7/28/98
7131/98
8/3/98
10/19/98
11/13/98
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ORDINANCE
i!-33 0
WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT
DISTRICT
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Section
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TABLE OF CONTENTS
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Legislative Intent ......................................................................... 1
Applicability of Ordinance .......................... ................................ 1
Definitions .............. ...... ....................... ................. .............. ......... 2
Modification of Development Requirements .............................. 12
Permitted Principal Uses ........ .......................................... ........... 13
Permitted Accessory Uses ........................................................... 14
Residential Development .............. .... ............................... ............ 16
Commercial Development ........................................................... 17
Blocks ... ......................... ................... ........................... ................ 18
Streets ...................... ........... ............ ............. ............ .................... 19
Open Space.... ....... ........................... ............................................ 23
Civic Space.... ......... ......... ....... ................ ................ ..................... 23
Recreational Space ...... ........ ............... ......... ............................ .... 24
Sidewalks and Paths .................................... .......... ............... ....... 24
Area and Bulk Regulations .......................................................... 25
Parking ............................................................. ............................ 29
Loading and Service Areas............................................................ 33
Signs ............................................................................................ 33
Landscaping ................................................... .............................. 40
Detention and Retention Basins.................................................... 42
Lighting ...................................................... ................................. 43
Fences and Walls ................................. ........................................ 43
Intentionall)' Omitted ..................................................... .............. 44
Platting and Installation of Improvements ................................... 44
Certification and Recordation of the Development Plan ............. 45
Improvement Location Permits................................................... 46
Intentionally Omitted............ ........................... ..... .................. ...... 46,
Filing Fees ........... .... ............... ...................................................... 46
Intentionally Omitted..................................... ............................... 46
Commission Consents or Approvals ........................................... 47
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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, the Carmel/Clay Plan Commission has given an unfavorable recommendation
to the ordinance set forth below which establishes the WestClay Village Planned Unit Development
District (the "District");
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., it adopts this ordinance as 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.
:!.l. 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 ofIC 36-7 -4-702(b), constitutes the subdivision
control ordinance of the District.
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Section 3. Definitions.
Unless otherwise stated, the following 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.
Accessorv Buildini. 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.
Accessorv Dwelling. (See Dwelling).
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 buildingll.
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 Block. Blocks A, B and C depicted on the Development Plan.
Apartment House. (See Dwelling).
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.
Assessment. The voluntary traffic impact assessment described in Section 32.2 of this Ordinance. .
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..
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lhltfu. 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.l.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 roofridge (including gables), and the height of towers, steeples, cupolas and other
architectural roof embellislunents 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.
Cartwav. The paved driving surface of a street or alley and any curbing.
Chapel. The place of meditation depicted on the Development Plan.
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.
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.
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~. 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. Blocks E, F, G and H depicted on the Development Plan.
Commercial Structure. A building containing one or more spaces utilized for a purpose permitted
by Section 5.1(0).
Common Parking Lot. A parking lot maintained by the Owners Association and intended for use
by the occupants of or visitors to a civic building, commercial structure or an apartment house.
CQmmunity Area. . Open space, civic space and recreational space located in the District.
Conllregate Housing. Dependent or independent living facilities for the elderly or the disabled.
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
U 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:
Child Day Care Center. An individual, agency or organization providing 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. An individual, agency or organization providing 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
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Department. The Department of Community Services of the City of Cannel, Indiana.
Dependent Living Facility. Nursing homes, rest homes and homes for the aged 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 Architectutal Review Board in considering plans for structures to be constructed in
the Primary Area. With respect to any commercial structure, apartment house or attached dwelling,
the Design Vocabulary shall be the provisions of the "Village of West Clay Building Guidelines and
Requirements" dated December 16, 1997 (amended July 31, 1998) 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 of the Commission.
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.
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Development Guidelines. The non-binding developmental preferences set forth in this Ordinance.
Development Plan. The plan for the Development approved by the Commission, as the same may
be modified from time to time pursuant to Section 4.
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.
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.
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.
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Duplex. Two dwellings placed one on top of another or attached side by side and
sharing one or more common walls that are not part of a townhouse project that also
includes three or more attached dwellings in a single row.
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.
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 an apartment block, a commercial block or a single lot of record.
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 detached accessory buildings, such as garages, carriage
houses. or agricultural type outbuildings, located on the same lot as single family
dwellings.
Education Center. The educational facility depicted on the Development Plan.
Elderlv Dav 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 \\-ith no
vanishing point. and used primarily for construction.
Eligible Title Holder. Developer, a non-profit corporation having perpetual existence or a
governmental body.
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.
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U 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 ofa 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.
Frontage Place. A permanent public or private way situated parallel to a street in order to provide
access to one or more lots.
.Qah.k. 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.
General Store. An establishment for the retail sale of consumer goods, including but not limited to
food and beverages for off-premises consumption, tools, appliances and other hard goods,
newspapers, magazines and other publications and other consumer goods generally associated with
a convenience retail store.
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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 area denoted on the Development Plan as an area where home-based
offices may be located.
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.
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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 reservation~ and cleaning services, combined utilities and on-site management and
reception services.
Landscape Plan. The general design for landscaping in the District depicted on the Development
Plan.
Landscapinli. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials and
associated structures and improvements.
Larie Lot. A lot having a width at the build-to line of70 feet or greater.
Large Maturing Tree. A tree whose height is normally greater than 30 feet at maturity.
Maintenance Easement. A perpetual easement not less than three feet in width affording the
benefitted 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
benefitted person.
Masonry. Wall building material, such as brick or stone, which is laid up in small units.
U Massing. The three-dimensional bulk of a structure: height, width, and depth.
Meeting House. The community building to be located in the Village Center as depicted on the
Development Plan.
Mitigation Improvements. The road and intersection improvements described in Section 32.1 of this
Ordinance.
Mixed Use. The combination of both commercial and residential uses \\'ithin 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 street/block grid pattern.
Nursing Home. Rest Home or Home for the Aged. 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
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services on site.
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, commercial blocks, apartment 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.
Parkin~ 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.
Parkin\: Lot. Lar~e. A parking area containing 36 or more parking spaces.
Parking Lot. Small. A parking area containing 35 or fewer parking spaces.
Parkin\: Space. An area permanently reserved for the temporary parking of one motor vehicle and
connected to a street or alley.
Passaies. Ways upon which Commercial Structures front which afford access from a Common
Parking Lot to a Village Street or Boulevard (as defmed in Sections 10-8 and 10-9 of this
Ordinance).
M. 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.
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.
film. Any land area, whether plntted 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.
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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."
Principal Streets. Towne Road, 13 1st Street, Broad Stree~ Meeting House Road, Horseferry Road
and Grafton 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.
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 ofland or combination ofland 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.
Sidewalk. A paved walkway.provided for pedestrian use. If located at the side of a road within a
right-of-way. it may be seporated from the cartWay by a tree lawn.
Sidewalk Displav. The outdoor display ofmerchandise for sale by a commercial establislunent. The
displayed merchandise must be similar to the merchandise sold within the establishment.
SiSlht Trianllle. 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
tor such street (e.g., 35 if the posted speed limit is 35 m.p.h.) or (ii) 25 feet.
Si~n. 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.
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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 on Uniform Traffic
Control Devices."
Sign Fascia. The vertical surface ofa lintel over a storefront which is suitable for sign attachment.
Sign Ordinance. Carmel/Clay Sign Ordinance, 2-302, as amended.
Small Lot. A lot having a width at the build-to line of less than 70 feet.
Small Macurini Tree. A tree whose height is nonnally less than 30 feet at maturity.
Specimen Tree. Any tree with a caliper of 18 inches or more.
S!mx. A habitable leyel 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, ~elephone booths, kiosks, sign posts, street lights, bollards, and removable
enclosures.
U Streetscape. The built and planted elements of a street which define its character.
Subdivision Control Ordinance. Carmel/Clay Subdivision Control Ordinance, No. 2-160. as
amended.
Texture. The exterior fInish ofa surface, ranging from smooth to course.
Threshold Elements. Porches, stoops, stairs, balconies, eves, comices, loggias, arcades, chimneys,
awnings, doors and windows which are placed at or near the build-to line cmd interface between the
main body of the building and the street.
TO\\l1house. Two or more dwellings, arranged side by side, separated by common walls between
living areas. 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.
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U Viewshed. (See Public Viewshed).
Village Center. The focal point of the Development within the Primary Area containing the major
civic and commercial space, as more particularly delineated on the Development Plan.
Visual Termination. A point, surface, building, or structure tenninating 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.
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.
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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 hannony 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.
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.
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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 nonnative 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. The following uses are permitted in the Primary Area or parts thereof, subject
to the applicable Development Standards.
D.
A.
The following residential uses:
(1) detached dwellings
(2) attached dwellings
(3) apartments
(4) accessory dwellings
(5) congregate housing
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.
The following commercial uses:
(1) financial institutions, including drive-through banking facilities (provided
such are located at the rear of a lot) and exterior A TMs.
(2) offices~ including general offices, professional offices and real estate offices.
(3) retail sales of goods and services permitted in the B-7 District except those
described in Section 23B.5 of the Zoning Ordinance unless otherwise
permitted by this Ordinance.
(4) restaurants, except drive-through facilities.
(5) clinics or medical health centers.
(6) one (1) automobile service station, including the sale of gasoline and other
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automotive petroleum products and such retail consumer goods as are
permitted to be sold in a general store, but excluding automobile repair.
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.
No more than one (1) bed and breakfast establishment and one (1) inn may be located in the Primary
Area without the approval of the Commission.
5.2. Secondary Area. The following uses are permitted in the Secondary Area:
A. Large lot single-family detached dwellings.
B.
Accessory dwellings.
C.
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.
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. In the Primary and Secondary Areas, 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.
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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 comer 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. A private swimming pool shall comply with the requirements of Section 5.0(d)(2)
of the Zoning Ordinance.
E. 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 footcandles 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.
6.2. In the Village Center and 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. 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.
E.
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.
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F.
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 600 square
feet.
H. No outside storage or outside display is permitted.
1.
All exterior aspects of the home-based office operation shall be consistent with the
residential character of the neighborhood.
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Section 7. Residential Development.
7.1. Without the approval of the Commission, the gross residential density in the District shall
not exceed 2.0 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
U District shall be at least 50 percent of the number ofPennitted Dwellings.
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 shall be designed in conformance with the Design.
Vocabulary .
7.7. Accessory dwellings shall be limited to 850 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
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attached accessory dwelling shall be subordinate to the principal structure characterized at a
minimum by a lower ridge line.
7.8. Each apartment in a mixed use structure or an apartment house shall be a minimum of750
square feet in gross floor area. No more than one apartment may be located on the first floor of a
mixed use structure.
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 lotto 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.
Section 8. Commercial Development.
8.1. No mixed-use or commercial structures shall be located in the Secondary Area
8.2. Without the approval of the Commission, the aggregate square footage of commercial space
in mixed use or commercial structures in the District shall not exceed 150 square feet of commercial
floor area for each Permitted Dwelling.
8.3. Without the approval of the Commission, retail uses in the District shall not exceed 75 square .
feet for each Permitted Dwelling.
8.4. Without the approval of the Commission, office and service uses in the District shall not
exceed 125 square feet for each Pennitted Dwelling.
8.5. Commercial structures in the Primary Area shall be located only on lots that front on interior
streets of the Primary Area Commercial uses may be mixed and integrated with dwellings and civic
uses within the Primary Area At least fifty-one percent (51 %) of the square footage of commercial
and mixed use structures shall be located in the Village Center.
8.6. Commercial uses in the Primary Area may be contained in multi-story, mixed-use structures
with commercial/retail uses on the ground level and apartments or offices on the upper levels. In.
a three story building, the second floor may contain either apartments or commercial uses and the
third floor may contain either apartments or offices.
8.7. Restaurants shall be permitted to operate outdoor cafes on sidewalks and in courtyards,
provided that pedestrian circulation and access to store entrances are not impaired.
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8.8. Retail establishments (exclusive of a general store) shall be pennitted to have sidewalk
displays of retail merchandise.
8.9 Unless such structure is depicted on the Development Plan, Commission approval of the
architectural design, landscaping, parking, signage, lighting and access to the property (ADLS) shall
be necessary prior to the (i) establishment of any commercial structure; (ii) issuance of any
Improvement Location Pennit for a commercial structure; (iii) erection, reconstruction or external
architectural alteration of any commercial structure in the District; or (iv) the changing of any site
improvements pertaining to a commercial structure. In considering an application therefor, the
Commission shall detennine whether the proposed structure substantially complies with the
Development Requirements and 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 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 co~ittee
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.
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 commercial and
apartment blocks in the Primary Area) should be designed to have a ma'Ximum length
of 600 feet unless bisected by an alley or pedestrian way. Alleys shall be permitted
to bisect blocks.
B.
Each block shall be designated with a build-to line 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 of75 percent of all buildings on the block shall sit back no further than the
build-to line, with the remaining 25 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
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percent of the distance between the frontage line and the 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 unifonn 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. Apartment blocks and commercial blocks in the Primary Area delineated on the Development
Plan may, notwithstanding any such designation, be utilized for any use pennitted under Sections
5 and 6.
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 fmal 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
1003. 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 confonn to the following requirements:
A.
Minimum width of alley: See Table 10.3
B.
Minimum width of cartWay: See Table 10.3
C.
Intentionally omitted
D.
Curbing is not required except at comers of intersections with other street types. At
such comer locations, curbing shall be required for the comer radius to the path or
sidewalk paralleling the intersecting street.
Minimum setback of garages: 3 feet
E.
F.
Utilities may be located within alleys.
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G.
An alley shall be a perpetual easement or private way and shall not be dedicated to
the public.
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 300 feet in depth from the nearest street providing through
access.
Insert Table 10.3 here
.
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T1J!H;i 1)'!'~L_ -P~~~N...mmL_ _ _~.!!m~__ .__.._n~)w__.. .,_.. ... ._ .~J'l~.!!~ .. .... " ." J.)!~YN API _ ... JJl~!9" ~!'mm __ .__ .J;t!W!!~_. _~Y!~m!!! mH,- _~m~.J!M1!!lL
Aller Aller AI..20 20 n <350 S 10 so S
ronla&e Place Alley AI.-201' 20 16 <350 S 25 . SO 15
Closes Alley AL-22P 21 18 <350 S 2S SO IS
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Passages Aller AI.-3"" 34 18 <350 10 15 50 IS
Drive Road 1U)-501' 50 24 < 5,lIOO 20 90 110 15
reel Corridor Sired SHOP SO 24 < "',UOO 20 90 110 IS
"lIIall: Slreel Aveline AY.SUI' Sit ~" c~ I S ,lK"1 2U 90 110 IS
DOlllevnrd Bonlevard DY.6or 60 l'lm sm:'r. 10,\) <15.0011 20 150 150 20
U 10.6. Frontage places are streets which confonn 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.
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
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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. 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.
Right-of-way width: See Table 10.3
B.
Width of cartway: two cartways, each 18 to 32 feet wide, on either side of a tree
lawn a minimum of 8 feet in width.
C.
Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
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10.10. No planting, structure, sign, fence, waIl, 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;
C. fire hydrants, public utility poles, street markers, government signs, electrical junction
boxes, and traffic control devices;
D. buildings located in the Primary 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.
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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. Intentionally omitted
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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.
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, Education Center, Trustees Hall, Chapel, picnic structures, ballfields, playground equipment
and gazebos) may be constructed in the open space.
11.6. Intentionally omitted
11.7. 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. The 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.
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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) 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.
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 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 predQminantly residential areas;
sidewalks along commercial stnlctures 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. Intentionally omitted
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14.4. 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.
14.5. Bike racks shall be provided in the Village Center and in community areas located elsewhere
in the Development.
14.6. Intentionally omitted
Section 15. Area and Bulk Regulations.
15.1. Large lot single family detached dwellings in the Primary Area.
A.
B.
c.
D.
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: 25 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: 25 feet (3 feet for garages from alleys)
Maximum building height: 35 feet
Maximum building coverage: 50 percent
Rear or side yard garage required
E.
F.
G.
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. Minimum lot width at the building setback line: 70 feet.
B. Maximum building height: 35 feet.
C. Minimum front yard: 20 feet.
Maximum building coverage: 50 percent.
E. Minimum ground floor area for a one-story dwelling: 2,000 square feet.
F. Minimum ground floor area for a two-story dwelling: 1,200 square feet.
15.3. Small lot single family detached dwellings.
A.
B.
c.
Lot area: a minimum of 4,500 square feet
Lot width at build-to line: minimum of 45 feet and a maximum of 69 feet
Minimum lot depth: 100 feet
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D.
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) of 5 feet
Rear yard: minimum of20 feet (3 feet for garages from alleys)
Maximum building height: 30 feet
Maximum building coverage: 50 percent
Rear yard parking required; alley optional
E.
F.
G.
15.4. Duplex.
A.
B.
C.
D.
Lot area: minimum of 3,000 square feet per dwelling
Lot width at build-to lin~: minimum of 30 feet per dwelling
Minimum lot depth: 90 feet
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 of20 feet (3 feet for garages from alleys)
Maximum building height: 30 feet
Maximum building coverage: 50 percent
Rear yard parking required; alley optional
E.
F.
G.
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: 85 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 ofrow): minimum of 6 feet, maximum of25 feet
Rear yard: a minimum of20 feet (3 feet for garages from alleys)
E. Maximum building height: 40 feet
F. Maximum building coverage: 60 percent
G. Rear yard garage and alley required except as otherwise provided in Section
16.5.
15.6. Accessory Dwellings.
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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.
B.
C.
D.
Minimwn lot area: 3,600 square feet
Lot width at build-to line: minimwn of30 feet
Lot depth: a minimwn of 100 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: minimwn of 0 feet and a maximum of20 feet
Side yard (each side): minimum of 5 feet
Rear yard: minimum of 20 feet unless located on an apartment block or
adjacent to a common parking lot, in which event a minimwn of 7 feet
Maximwn building height: 40 feet
Maximwn building coverage: 60 percent
Minimwn apartment size: 750 square feet
Rear yard parking required; supplemental screened side yard parking permitted
E.
F.
G.
H.
15.8. Commercial Uses and Mixed-Use Buildings.
A.
B.
C.
D.
Lot area: minimwn of 2,000 square feet
Lot width at build-to line: minimum of25 feet
Minimwn lot depth: 70 feet
Yard dimensions
Build-to line
Commercial/retail: 0 feet
Mixed-use, retail/office: 4 feet
Mixed-use, retail/residential: 4 feet
Front yard: a minimum of 0 feet, a maximwn of 15 feet
Side yard (each side): a minimum of 0 feet
Rear yard:. a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required (3 feet for garages from alleys)
Maximum building height: 4S feet
Maximum building coverage: 100 percent
All off-street parking must be in rear yards, screened side yards or in common
parking lots complying with Section 16.
E.
F.
G.
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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
B. Lot width at build-to line: a minimum of 50 feet
C. Minimum lot depth: 110 feet
D. Yard dimensions
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 1 0 f~et (3 feet for garages from alleys)
E. Maximum building height: 45 feet
F. Maximum building coverage: 60 percent
G. 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 10 feet 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. Unless otherwise specified herein, an accessory building (including
accessory dwellings) may not exceed 25 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) three feet if the lot is located in the Primary Area and (ii) two
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 t.'1e 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. .
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15.15. Where permitted, filling station pumps and light standards may be located in any yard.
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. art 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.
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.
Section 16. Parking.
16.1. Off-street parking shall be provided on site or in common parking lots according to minimum
requirements as specified below:
Use
Detached single family
Attached dwellings
Required Parking
Two garage spaces per dwelling
One space per first bedroom, plus half of a space per each
additional bedroom
One space per first bedroom, plus three-fourths of a space for
Apartment house.
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Accessory dwellings
Retail ·
Office uses.
Institutional/Churches
Meeting House
Education Center
Recreation Buildings
Day Care Center.
Elder Care Center.
Bed and Breakfast
Inn
Other Permitted Uses
second bedroom and one-half space for each additional
bedroom
One space
One space for the fIrst 1,000 square feet and one space for each
additional 750 square feet
One space for each 500 square feet of gross floor area
One space for each six seats in the main place of assembly
None
Ten spaces per class room
One space per 500 square feet of gross floor area
One space per employee and one space per 10 children
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 spaces needed for such uses will be provided by on-street parking. Total on-street and
off-street parking for retail, offIces and apartments need not exceed one car per 450 square feet for
retail. one space per 300 square feet for offices and one space per bedroom for apartments. Total
street and off-street parking for day care and elder care centers need not exceed one space per
employee and one space for each six children or senior citizens.
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 signage. Off-street parking lots on
commercial lots other than those designated solely for parking purposes shall be prohibited in any
front yard setback are~ shall be located at the rear or to the side of buildings and. where feasible.
sQ,all 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 may be accommodated on lots utilized exclusively for such purpose,
including common parking lots. Such lots shall be landscaped, buffered and screened as required
by Sections 16.8(0) and 16.9 of this Ordinance.
16.4. Intentionally omitted
16.5. With the exception of detached single family dwellings, duplexes and a maximum of 50
percent of townhouses, 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 separ3te from that serving the
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principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal
dwelling is accessed from a street. Parking for townhouses shall be provided in a common off-street
parking area or in garages or parking spaces, generally with access from an alley. Not less than 50
percent of private driveways for townhouses shall connect to alleys only and not to a street. A
common driveway serving a minimum of four townhouses and not exceeding 18 feet in width may
be permitted from a street. 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.
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B. Parallel parking space dimensions shall be a minimum of20 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:
Angle of Parking
. Aisle Width 0 30 45 60 90
One Way Traffic 13 13 13 18 20
Two Way Traffic 19 19 20 22 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.
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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
parking modules of no more than 36 spaces. The foregoing requirements shall not
apply to parking lots located in common space, adjacent to the Education Center and
on an apartment block.
16.9. Perimeter landscaping of parking lots not located in common space, adjacent to the Education
Center or on an apartment or commercial block shall conform to the following standards:
A. 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 fu~ 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.
B.
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 common space. adjacent to the
Education Center or on an apartment or commercial block 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 ofadjacent
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
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16.14. Landscaping for parking lots adjacent to the Education Center and on the apartment and
commercial blocks shall conform with the Landscape Plan.
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..
Section 18. s.iw.
All signs located within the District shall comply with the following sign regulations:
U 18.1. Exempt signs: All signs designated as exempt in Section 25.7.01-3 of the Sign Ordinance.
18.2. Prohibited signs:
. 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.
18.3. Permitted business signs:
A.
Wall-mounted or painted signs, provided the following standards are met:
(1) 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.
(2) The area of the signboard shall not exceed five percent of the ground floor
building facade area or 30 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.
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(4)
(5)
The height of the lettering, numbers, or graphics shall not exceed eight
inches.
Limited to one sign per business establishment on each building facade
fronting a 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. 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 10 square feet.
(5) The height of the lettering, numbers, or graphics shall not exceed four 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 eight
inches. .
D.
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E. Projecting signs, including icon signs, mounted perpendicular to the building wall,
provided the following standards are met:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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The signboard shall not exceed an area of six square feet unless a comer sign
which shall not exceed an area of nine 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 three feet.
The height of the lettering, numbers, or graphics shall not exceed eight inches.
Limited to one sign for each ground floor business establishment. Projecting
signs are not permitted in conjunction with free-standing or tree lawn signs.
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F.
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Tree lawn signs, including icon signs, installed on a pole in a tree lawn, provided
the following standards are met:
(1) The sign is located in a tree lawn opposite the entrance to the building.
(2) The signboard shall not exceed an area of six square feet
(3) The distance from the ground to the lower edge of the signboard shall be six
feet or greater.
(4) 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, iflocated opposite a multi-story building.
(5) The width of the signboard shall not exceed two feet.
(6) The height of the lettering, numbers, or graphics shall not exceed eight inches.
(7) Limited to one sign for each ground floor business establishment. Tree lawn
signs are not permitted in conjunction with free standing or projecting signs.
G.
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.
(2) The sign shall be silk screened or hand painted.
(3) The height of the lettering, numbers, or graphics shall not exceed four inches.
(4) Limited to two signs for each ground floor 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, a tree lawn sign or a valance awning sign.
H.
Awning signs, for ground floor uses only, provided that the following standards are
met:
(1)
(2)
If acting as the main business sign, it shall not exceed ten square feet in area,
and the height of the lettering, numbers, or graphics shall not exceed eight
inches.
If acting as an auxiliary business sign, it shall be located on the valance only,
shall not exceed four square feet in area, and the height of the lettering,
numbers, or graphics shall not exceed four inches.
Limited to two such signs for each ground floor business establishment, on
either awning or valance, but not on both.
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.
(3)
(4)
I.
Free-standing sign, provided that the following standards are met:
(I) 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 30 square feet.
(3) The height of the lettering, numbers, or graphics shall not exceed four inches.
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(4)
(5)
(6)
(7)
(8)
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.
The signboard shall be constructed of wood, with wood or cast iron brackets,
and shall be architecturally compatible with the style, composition, materials,
colors, and details of the building.
Intentionally omitted
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.
Limited to one sign per building and shall not be in addition to wall-mounted,
applied letters, tree lawn or projecting signs.
1. 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.
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.
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M.
In addition to other signage, restaurants and cafes shall be permitted the following, .
limited to one sign per business establishment:
(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 constru~ of wood, chalkboard, andlor
finished metal.
( c) Letters can be painted or handwritten.
(d) 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.
(e) The sign shall be removed at the end of the business day.
N.
A home-based office is permitted one sign provided it complies with the requirements
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of Section 6.2(F).
o.
If historically appropriate to the type of business conducted, a retail business may
display an illuminated window sign in addition to other permitted signs provided the
sign area does not exceed six square feet.
P.
Signage for the Education Building depicted on the Development Plan is permitted.
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, (Hi) an attached dwelling project containing more than six
units in not less than two buildings, and (iv) an apartment house, provided the following
standards are met:
(1) The design of the sign for any attached 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 75 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.
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)
(2)
(3)
The maximum sign area shall be 64 square feet.
The maximum height of each sign shall be eight feet.
The sign may not be illuminated.
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(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.
(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.
F.
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:
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(1) The maximum sign area shall be 30 square feet.
(2) The maximum height shall be eight feet.
(3) 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.
G. Signs containing a rendering of one or more buildings expected to be constructed on
the lot, provided the following standards are met:
The maximum sign area shall be 32 square feet.
(1)
(2)
(3)
The maximum height of each sign shall be eight feet.
The sign may be illuminated.
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(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.
(6) Sign copy shall be limited to a rendering of the proposed building and
information relating to the intended construction, availability and use thereof.
H. 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)
Intentionally omitted
(6) Except as provided in subparagraph (5) above, 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.
(7) Intentionally omitted
(8) Signs for detached dwellings and commercial sttUctures shall be removed
within seven days after the date the unit is leased. sold or occupied.
(9) With respect to attached dwellings and apartment houses, when 80% of the
dwellings are leased, sold or occupied, real es~te signs are limited to a .
ground sign. a wall sign or a window sign of six square feet or less.
1. Signs approved by the Commission are permitted in the District in addition to the
signs specifically authorized in this Ordinance.
18.5. Design Standards for Signs:
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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 10.13.
18.6. 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.
\Vben 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. Landscapin~.
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 or. with respect to commercial structures, as approved by the Commisson pursuant
to Section 8.9 of this Ordinance. Perennials and annuals are encouraged.
19.2. Landscaping shall be integrated with other functional and ornamental site design elements,
where appropriate, such as recreational facilities. ground pa~ing materials, paths and walkways,
fountains or other water fe:ltures, trellises, pergolas. gazebos, fences, walls. street furniture, art, and
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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.
19A. 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, shaIl 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.
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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 shaIl 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 :lIea 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 planted with
ground covers appropriate for the purpose, soil conditions, water availability, and environment.
l~. 7. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have
at least a two and one-halt:inch caliper and eight toot height at the time of planting unless otherwise
specitied herein or otherwise indicated on the Landscape Plan. Evergreen trees shall be a minimum
of three to four feet high at the time of planting. 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(Ameri~an 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 Canud Street Tree Regulations or trimming that may be done in the common
areas for aesthetic reasons.
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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 atter the first year shall be replaced by the O\\ners Association or the lot
owner.
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19.9. Tree spacingt unless otherwise provided in this Ordinance. shall be determined by species
type. Large maturing trees shall be planted a minimwn of 30 feet and a ma'Cimum of 50 feet on
center. Small maturing trees shall be planted a minimum ofl 0 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. S mall 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
tor the provision of shade trees in the designated tree lawn upon or adjacent to the o\\ner's lot except
to the extent the Developer has provided such trees.
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 inthe District. No single species shall make up more than 15% of the
total street tree population \~ithin each of the following areas: south of 131 st 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 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, \\ith a 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
tbcility. Planting material shall be separated from the parking lots by appropriate curbing, but shall
have ramp access to such facility tor vehicles and carts. A mixture of hardy t10wering 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.
Detention and retention basins. headwalls, outlet structures, concrete flow channels. rip rap channels,
and other drainage improvements shall be screened with plant material and/or bemls.
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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.
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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.
Section 22. Fences and Walls.
2~.1. Fences or walls located within any required front yard in the Secondmy Area shall not exceed
42 inches in height.
22.2. Fences or walls located within any required side or rear yard in the Secondary Area shall not
exceed 42 inches in height except fences located on side or rear lot lines adjoining property outside
the District shall not exceed six feet in height.
22.3. Residential fences or walls in the Secondary Area not located within any required yard but
within the buildable area shall not exceed nine feet in height.
22.4. 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.
22.5. 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.
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22.6. 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 wan shall not be included in the measurement
of height.
22.7. 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.
22.8. No fence or wall shall be constructed within a drainage easement so as to obstruct the flow
of water therein.
22.9. With respect to single-family residential structures in the Primary Area, (i) fences or walls
in the front yard shall not be less than three feet high, nor 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. [intentionally omitted]
Section 24. Platting and Installation of Improvements.
24.1. The Development Plan, having incorporated preliminary plats for the Primary and the
Secondary Areas conforming to the requirements of Section 5.0 of the Subdivision Control
Ordinance. shall constitute an approved preliminary plat of the Primary and the Secondary Areas for
all purposes of the Subdivision Control Ordinance.
14.2. 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.
24.3. In the course of de\'elopment within the District, the Developer shall comply with the
requirements of Section 5,..1. 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 fmal plats
tiled with respect to land in the District if the final plat substantially conforms to the Development
Plan.
24.4. In the course of development within the District, the Developer shall comply \\-ith the
requirements of Sections 5.6. 5.7, 8.2. 8.3 (subjectto the provisions of Section 10 of this Ordinance),
8,-1..8.5,8.7 and 9.0 of the Subdivision Control Ordinance.
24.5. The Development may be platted in pha,ses.
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24.6. Intentionally omitted
24.7. The Developer shall commence construction of the initial phase of the Development within
two years following the effective date of this Ordinance.
24.8. Intentionally O~itted
24.9. Upon providing such pertbnnance guarantees as may be required by Section 5.7.1 of the
Subdivision Control Ordinance or Paragraph 10 of this Section 24. 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 fmal plat
depicting such lot has been approved pursuant to this Section 24. and recorded.
24.10. Intentionally omitted
24.11. Intentionally omitted
24.12. The size. configuration and number of lots in a block shown on a tinal plat may vary from
the size. contiguration and number of lots shown on the Development Plan.
24.13. 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 oflots
in such block depicted on the final plat.
24.14. Title to portions of an apartment block or commercial block may be conveyed by a metes and
bounds survey description 3S long as such portion complies with the area and bulk regulations of
Section 15 with respect to the intended use of such portion.
24.15. Grading. tilling. 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.
24.16. Temporary construction facilities are permitted to remain on ajob site during all phases of
construction and must be removed \~;thin 30 days follo",,;ng the issuance of a certificate of
occupancy. No permit is necessary for temporary construction facilities except where permanently
connected to water and sewer utilities.
Section 25. Certification :lnd Recordation ofthe Development Plan.
25.1. 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.
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25.2. The Developer shall record the signed Development Plan in the Office of the 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.
25.3. 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 26. Improvement Location Permits.
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26.1. Prior to commencement of construction of an apartment house or attached dwelling in the
District (exclusive of any such structure 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 either approve, disapprove or approve
subject to conditions the referred application after affording the applicant an opportunity to address
the objections of the Department.
Section 27. [Intentionally omitted]
Section 28. Filin~ Fees.
The provisions of Division VIII of the Zoning Ordinance, to the extent applicable. shall apply to
development in the District.
Section 29. Intentionally Omitted
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Section 30. Commission Consents or Approvals.
30.1. 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.
30.2. 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 ColincH of the City of Cannel, Indiana, this :t!!:. day of flq< L; A -^-V
199;1, by a vote of -2 ayes and .lL nays.
COMMON COUNCIL FOR
.
CITY OF CARMEL
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Presented by me to the Mayor of the City of Carmel, Indiana on the.J!!. day of a-M.n.LJ,d'
199_. I
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Approve by me, Mayor of~. of Carmel, Indiana, this ~ day of f -- ,,' .A ^d- ,1991.
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EXHIBIT A
Part of Section 28, Township 18 North, Range 3 East, Section 29, Township 18 North, Range 3
East and Section 33, Township 18 North, Range 3 East of the Second Principal Meridian,
Hamilton County, Indiana described as follows:
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Beginning at the Southwest comer of the East Half of the Northwest Quarter of said
Section 28; thence North 00 degrees 08 minutes 08 seconds West a distance of2640.15
feet to the Northwest comer thereof; thence North 89 degrees 15 minutes 43 seconds East
a distance of 660.01 feet; thence South 00 degrees 08 minutes 08 seconds East a distance
of 650.04 feet; thence North 89 degrees 15 minutes 43 seconds East a distance of 653.85
feet; thence North 00 degrees 54 minutes 16 seconds West a distance of302.00 feet;
thence North 89 degrees 15 minutes 43 seconds East a distance of 187.00 feet; thence
North 00 degrees 54 minutes 16 seconds West a distance of348.00 feet; thence North 89
degrees 15 minutes 43 seconds East a distance of 125.00 feet; thence South 00 degrees 54
minutes 16 seconds East a distance of348.00 feet; thence North 89 degrees 15 minutes
43 seconds East a distance of 1058.53 feet: thence South 00 degrees 34 minutes 54
seconds East a distance of 641.51 feet; thence South 00 degrees 08 minutes 21 seconds
East a distance of 334.45 feet: thence South 00 degrees 26 minutes 25 seconds West a
distance of 1046.99 feet; thence North 73 degrees 09 minutes 10 seconds \Vest a distance
of 138.64 feet; thence South 00 degrees 26 minutes 25 seconds West a distance of310.83
feet; thence North 89 degrees 14 minutes 3~ seconds East a distance of 1413.06 feet;
thence South 00 degrees 36 minutes 36 seconds East a distance of 2630.99 feet to the
Southeast corner of the said Southeast Quarter; thence South 89 degrees 23 minutes 24
seconds West along the North line of the Northeast Quarter of Section 33. Township 18
North. Range 3 East 3. distance of2640.00 feet to the Northwest comer of the said
Northeast Quarter: thence South 00 degrees 19 minutes 00 seconds East a distance of
520.98 feet; thence South 00 degrees 19 minutes 00 seconds East a distance of 2602.08
feet; thence South 8q degrees 34 minutes 24 seconds West a distance of 1331.52 feet;
thence North 00 degrees 12 minutes 23 seconds West a distance of 442.6i feet; thence
South 89 degrees 34 minutes 24 seconds \Vest a distance of 1328.56 feet; thence North 00
degrees 12 minutes 04 seconds West a distance of 1329.55 feet. thence North 89 degrees
- .-
34 minutes 24 seconds East a distance of 1328.59; thence North 00 degrees 34 minutes 48
seconds West a distance of 1265.42 feet; thence North 00 degrees 34 minutes 48 seconds
West a distance of 77.84 feet: thence South 89 degrees 04 minutes 33 seconds West a
distance of 1292.76 feet; thence South 89 degrees 04 minute~ 33 seconds West a distance
of 1378.39 feet; thence North 01 degrees 05 minutes 04 seconds \Vesta distance of 8.00
feet; thence North 5: degrees 34 minutes 10 seconds East a distance of 14,-1.5 feet; thence
North 22 degrees 56 minutes 30 seconds East a distance of27.27 feet; thence North 00
degrees 32 minutes 40 seconds West a distance of 1453.10 feet; thence South 89 degrees
16 minutes 51 seconds West a distance of 107.69 feet: thence North 00 degrees 03
minutes 04 seconds East a distance 1138.58 teet; thence North 89 degrees 15 minutes 43
seconds East a distance of 1470.62 feet; thence North 89 degrees 15 minutes 43 seconds
East a distance of 12l)2.99 feet to the Point of Beginning.
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Also the following :
Part of Section 29, Township 18 North, Range 3 East of the Second Principal Meridian,
Hamilton County, Indiana described as follows:
Commencing at the Southeast Comer of the Southeast Quarter of said Section; thence
South 88 degrees 51 minutes 04 seconds West a distance 1961.04 feet to the Point of
Beginning; thence North 00 degrees 42 seconds 38 seconds West a distance of 1441.57
feet; thence South 88 degrees 33 minutes 26 seconds West a distance of 639.56 feet;
thence South 01 degrees 15 minutes 54 seconds East a distance of 1437.55 feet: thence
North 88 degrees 54 minutes 56 seconds East a distance of 625.61 feet; to the Point of
Beginning.
Except the following:
Part of Section 28, Township 18 North, Range 3 East of the Second Principal Meridian,
Hamilton County, Indiana described as follows:
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Commencing at the Southwest comer of the East Half of the Northwest Quarter of said
Section 28; thence North 00 degrees 08 minutes 08 seconds West along the West line of
said Half Quarter section a distance of:2640.15 feet to the Northwest comer thereof;
thence ~orth 89 degrees 15 minutes 43 seconds East a distance of660.01 feet; thence
South 00 degrees 08 minutes 08 seconds East a distance of 650.04 feet; thence North 89
degrees 15 minutes 43 seconds East a distance of 653.85 feet; thence North 00 degrees 54
minutes 16 seconds West a distance of302.00 feet; thence North 89 degrees 15 minutes
43 seconds East a distance of 187.00 feet; thence North 00 degrees 54 minutes 16 seconds
West a distance of 348.00 feet: thence North 89 degrees 15 minutes 43 seconds East a
distance of 125.00 feet; thence South 00 degrees 54 minutes 16 seconds East a distance of
348.00 feet; thence North 89 degrees 15 minutes 43 seconds East a distance of 1058.53
feet: thence South 00 degrees 34 minutes 54 seconds East a distance of 641.51 feet:
thence South 00 degrees 08 minutes 21 seconds East a distance of 334.45 teet; thence
South 00 degrees :26 minutes 25 seconds West a distance of 1046.99 feet; thence North 73
degrees 09 minutes 10 seconds West a distance of 138.64 feet; thence South 00 degrees
26 minutes 25 seconds West :l distance of 31 0.83 feet to the Point of Beginning; thence
North 00 degrees 45 minutes 26 seconds West a distance of662.27 feet; thence North 89
degrees 59 minutes 57 seconds West a distance of 452.93 feet; thence North 53 degrees
28 minutes 12 seconds West a distance 213.92 feet; thence North 19 degrees 05 minutes
37 seconds West a distance of232.49 feet: thence North 64 degrees 16 minutes 57
seconds \Vest a distance of 13 1.09 feet; thence South 00 degrees 54 minutes 16 seconds
East a distance of 734.65 feet: thence North 89 degrees 05 minutes 44 seconds East a
distance of 188.43 feet; thence South 00 degrees 41 minutes 22 seconds East a distance of
342.90 feet; thence South 89 degrees 15 minutes 43 seconds West a distance of 187.16
feet; thence South 00 degrees 00 minutes 06 seconds West a distance of 503.75 feet;
thence North 89 degrees 28 minutes 31 seconds East a distance of 605.89; thence North
00 degrees 15 minutes 05 seconds East a distance of 506.25 feet: thence North 89 degrees
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14 minutes 32 seconds East a distance of202.69 feet to the Point of Beginning.
The above land description was prepared and is based exclusively upon record deed
information and! or prior surveys of the subject premises or its parent. Said real estate is
described in a perimeter survey prepared by The Schneider Corporation as follows:
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:
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Beginning at the Northeast comer of the Southwest quarter of said Section 28; thence on
an assumed bearing of South 00 degrees 0 I minutes 09 seconds \Vest along the East line
of said Southwest quarter a distance of 503.75 feet; thence North 89 degrees 29 minutes
11 seconds East a distance ,of 605.93 feet; thence North 00 degrees 15 minutes 45 seconds
East a distance of 506.25 feet to a point of the North line of the Southeast Quarter of said
Section 28 distant 608.11 feet east of the Northwest comer thereof; thence North 89
degrees 15 minutes 11 seconds East along said North line a distance of2069.03 feet to
the Northeast corner of said Southeast Quarter; thence South 00 degrees 07 minutes 17
seconds West along the East line of said Southeast Quarter a distance of2630.92 feet to
the Southeast corner of said Southeast Quarter; thence South 89 degrees 23 minutes 24
seconds West along the South line of said Southeast Quarter a distance of 1672.3 7 feet to
the Northeast corner of the Northwest Quaner of said Section 33: 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 corner 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 ~ orth 00 degrees 25
minutes 30 seconds \Vest 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 corner 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 ~orth 89 degrees 20 minutes 46 seconds E~st parallel with the South
line of said Northwest quarter a distance of 1332.95 feet to the West line of the East half
of said Northwest quarter; thence North 00 degrees 23 minutes ..j...j. seconds West along
said West line a dist:mce of 1348.18 feet to the Northwest corner thereof; thence South 89
degrees 14 minutes..C 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 1351040 feet to a point hereinafter referred to as Point A; thence
North 01 degrees 08 minutes 50 seconds West a distance of8.00 feet; thence North 52
degrees 30 minutes.24 seconds East a distance of 14,45 feet; thence North 22 degrees 52
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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.
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 described as
follows:
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Beginning at a railroad spike at the southwest comer of the east. half of the northwest
quarter; thence North 00 degrees 00 minutes O~ seconds West along the west line of said
half quarter 2631. i-\. 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 alonlZ the west line of a tract of land described in a deed to Smith, recorded in Deed
Book IS-\. page 17 :1. distance of 660.00 feet to a 5/8":<30" rebar \\.ith 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 ~4 seconds West along the east line thereof 329.99 feet to a REBAR/CAP on the
westerly extension ~)f the south line of a tract of land described in a deed to Sullivan,
recorded in Deed Buok 327 page 646; thence North 89 degrees I-\. 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 \Vest along the east line
thereof 330.00 feet to a railroad spike on the north line of the Northeast Quarter; thence
North 89 degrees P minutes 34 seconds East along said north line 120.00 feet to a
railroad spike at the northwest corner of a tract of land described in a deed to Stumm.
recorded in Deed Bl)ok 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 corner
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 ofa tract ofland described
in a deed to Frederick, recorded as instrument number 9545201. and on the east line of
the west half of the ~ortheast 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 instrument number 9213826; thence South 89 degrees 15
minutes 12 second$ West along the north line thereof 130.00 feet to a REBAR/CAP at the
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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 ofland
described in a deed to Pierson. recorded as instrument number 9364918; thence North 01
degrees 13minutes 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; (I) North 27 degrees 36 minutes 44 seconds
West 177.33 feet; (~) 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) ~orth 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 7'25.49 feet: lll) South 73 degrees 29
minutes 19 seconds East 139.54 feet; (12) ~orth 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 ~orthwest Quarter' 1339.34 feet to
the Point of Beginning.
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Also, part of the Southeast Quarter of said Section 29 being described as follows:
Commencing at th~ aforesaid Point A ?on the South line of said Southeast quarter;
thence South 88 degrees 51 minutes 10 seconds West .1long said South line a distance of
627.23 f~et to the Point of Beginning at the Southwest comer oithe land described in a
deed to Wendy FortUne (Instrument Number 8915090. Office oithe 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 corner of said
Southeast quarter; thence North 00 degrees 24 minutes 33 seconds West along the West
line of said Southe:lst quarter a distance of 1437.39 fe~t to a point distant 1203.96 feet
South of the Northeast comer thereof; thence North 88 degrees :9 minutes 35 seconds
East a distance of658.94 feet to a westerly corner 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.
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Exhibit B has been intentionally omitted
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EXHmIT C
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)
Elaeagnus 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 Cmbapples) 5
Moros Species (Mulberry)
Pinus Banksiana (Jack Pine)
Pinus Sylvestris (Scotch Pine)
Populus Species (Poplar)
Prunus Cerasifera (Cherry Plum)
Prunus Serotina l Wild Cherry)
Ptelea Trifoliata (Wafer Ash)
. Rhamus Species (Buckthorn)
Robina Pseudoacacia (Black Locust)
Sorbus Species (Ylountain ~~sh)
Evergreen and Deciduous Shrubs Not Permitted:
Botanical Name (Common ~ame)
Alnus Species lAlders)
Cephalanthus Occidentalis tButtonbush)
Conicera Japonica (Japanese Honeysuckle)
Corontila Varia (Crown Vetch)
Corylus Species (Hazels)
Cotinus Coggygria (Smokebush)
Robina Hispida (Rose Acacia)
Rosa Multiflora (Multiflora Rose)
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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.) thoms, 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
S. Only varieties highly susceptible to black spot, mites, rust, and fire blight
PLACES To Lffv E
YtaGiaizate 9o-In�e
LOCATED ON BROAD STREET
W etricra1 9o-mle
LOCATED ON BROAD STREET
IN: '[`HF VILLAGE OF NVFSTCLAI',
"home" is more than just a house. More than
160 acres of open space will provide places for
recreation and reflection. The neighborhoods
in The Village of WestClay are linked by the
walking paths and parks located throughout.
Residents can enjoy formal parks and rustic
wooded paths, playgrounds, shimmering lakes
and shading gazebos. The Meeting House and
Provost Park community center are places for
neighbors to meet, work, entertain and relax.
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THE NEIGHBORHOODS
in The Village of WestClay reflect the variety of
life. As in its historical precedents, The Village
of WestClay offers homes in many different
sizes, styles and prices, all thoroughly modern in
floor plan and convenience, yet unified by the
complementary traditional exterior architecture.
At the heart of The Village of WestClay is the
Village Center, with its mix of offices, shops
and community buildings. Closest to the Village
Center are the Village neighborhoods with
apartments, townhomes and charming Village
homes, created by a select group of builders
chosen for their attention to quality and detail.
In the Village neighborhoods, Federal, Greek
Revival, Italianate and Gothic Revival architec-
ture predominate. Beyond the Village neighbor-
hoods, the custom builder Of your choice can
craft your dream home. The later Victorian styles
and popular revival styles such as Colonial,
Classic and Tudor encouraged outside the
Village neighborhoods will create an atmosphere
of unsurpassed elegance.
LOCATED IN THE VILLAGE AREA
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LOCATED IN THE VILLAGE AREA
THE COMMUNITY
THE PLANNED CIVIC AND SOCIAL FACILITIES AT
THE VILLAGE OF WESTCLAY INCLUDE:
'4 T H E M E E T I N G H O U S E, a three story Greek Revival structure
on The Meeting House Green, with auditorium, meeting rooms,
banquet facilities, dance area and club room.
T H E C H A P E L, a non - sectarian place of meditation suitable for
small weddings and other non - denominational spiritual events.
I T H E T R U S T E E S' H A L L, an officelconference facility for use by
The Village of WestClay Owners Association.
P R O V O ST PA R K with pool, tennis courts and fitness center.
4 THE UNIVERSITY GREEN, apublic open space upon which
Founders' Corner, a croquet court and the Trustee's Hall will
be located.
4 FOUNDERS' CORNER, a children 's play area on the corner
of the University Green.
*4 SETTLERS LEGACY, a nature preserve and arboretum.
*4 C O N N E R T R A I L, a walking, jogging and biking trail that
meanders through the Village Center and the neighborhoods of
The Village of WestClay.
J H A R R I S O N PA R K, a parkland with ponds extending from the
Village Center to Hourglass Lake at the
northeast corner of WestClay.
MACARTHUR FIELD,
a recreational area with
ball fields, ball courts
and picnic facilities.
'4 WEBSTER PARK
with pool and bathhouse.
I GLEBE STREET GREEN
with Victorian bandstand.
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THE VILLAGE OF WEST CLAY
12821 EAST NEW MARKET STREET
SUITE 200
CARMEL, IN 46032
317.574.1100
PREVIEW CENTER HOURS:
12:00 P.M. - 6:00 P.M.
SEVEN DAYS A WEEK
www.brenwick.com
These materials are intended to provide general information about certain proposed plans of Brenwick TND Communities, LLC. These materials and all
photos, renderings, plans, improvements and amenities depicted or described herein are based on current development plans that are subject to change or
cancellation (in whole or in part) at any time without notice. Actual development may not be as currently proposed. Accordingly, neither these materials nor
any communication made or given in connection with these materials may be deemed to constitute any representation or warranty or may otherwise be relied
upon by any person or entity. No guarantee is made that the features, amenities and facilities depicted by artists' renderings or otherwise described herein
will be built or if built, will be of the same type, size or nature depicted or described. These materials do not constitute an offer or solicitation of any kind,
nor are they intended to be distributed in, or constitute an offer to sell or lease property in any state in which Brenwick TND Communities, LLC has not
registered to sell property, if required.
NIA.LS AoNauv -10 —
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pun moa811im eGgj aaaclm `�!_1 1nfynnaq n `af!1 jualuanuoa n `afi1 paiana
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ESTABLISHED BY
B R E N W I C K
F OR S E T T L E M E N T IN 2 0 0 0
w,," su p,c r, vi, furvit u xur watuar a/ reraprorny of sago( ar- we same time.
Attention bars been paid to tbe'passing of those leading,Avenues over the'
I ground for pro §pect and convenience.'
M. NORTH and
South lines int§e'd by others running due LaR and
i
Nest, male the difUnRion of the -Village into5treets, Squares, ete and these'
lines have been so combined as to meet at"certain given points' with these'
divergent,Avenues, so as tdform on the Spares 'first-determined," the dfflirent-
Squares and,Areas.
WrcabtO of the 6treehS.
THE grand ,Avenues, and such Streets as lead immediately to public
places, are' from 52 to go feet wide, and have been divided into foot ways,
walks of trees, and carriage ways. The other Streets are'So feet wide.' �
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Established by
— / 26
799
J' �D'
LED 200
'�6
, LA W
®f the Villate of
Clay Township, Hamilton County
State of
INDIANA
established by Brenwick for settlement -'
in tie cWar" 2000.
�Aeo
I'
I
....-
I
DECK
22-1" X 22-&
I
L...
Brenwick Development
VWC Lot # 001
Luxury Apartment Floor Plans
o
ALCOve
1&-8 X 12-e.
o
KITCI-4EN
lb-" X 13-1"
I
I
L.:
pINING
Ib-" x 10-4
BEDROOM
IS-8 x 12-~
\
LIVING ROOM
22-2 x 11-4
eEJ28Q.OJ::l
15-e. x 12-8
SECOND FLOOR PLAN
liB' . 1'-0'
o
A new neighborhood
founded on traditional values
GazEttE
. /
Fourth Edition
317.574.340,0
www.brenwick.com
JUNE 2001
G[J" IN SHAPE
. .
Put on your swimsuit, grab your towel and
head to Provost Park Pool for our summer
water aerobics classes. This jsa great way to
get in shape while having fun. Water aerobics
enables participants to exercise without the
added jolting and jarring of high-impact dry
land exercise. The water buoys your body up,
.reducing gravity's pressure onjoints in your
legs, arms and back. No matter where you
are iI\ your quest for fitness, the benefits of
water aerobics jWill move you in the right
direction.
Mary Russell, who is a water instructor at
Washington Township schools and is
Lifeguard Certified will be leading the water
aerobics classes. Classes will be held every
Monday, Wednesday, and Friday from
7:30AM to 8:30AM (Classes will end August
31st). The costis $5 per session. If you have
any questions or would like more inforllation,
about these classes please call Mary Russell
at 253-2436. .
INFORMATION CENTER'
OPEN DAILY
The Information Center is a prime source
for information' about The Village of
WestClay@. Brenwick team members are on
hand every day from noon to 6 P.M. to answer
yoUr questions imd show you the vision and
amenities of this unique community. The
Information Center includes a detailed scale
model of the Village Center, details about
available lots and homes and information
about some of the builders' active in The
Village of West Clay.
For more infprmation, contact the
Information Center at (317) 57~-11 00 or
13remvick's maitl officP,lo"att;"d j;lst-l.lpl .
from the Information Center, at (317) 574-
3400 or Brenwick@brenwick.com.
INTERESTING STATISTICS
Just thought you might like to know that in
11 months 60% of the first phase is sold, over
10% of the entire 10 year project has sold,
almost 60% of the lots/homes that have sold
are owned by individuals vs. builder's for
specs, we have sold 38 lots iIi which
construction has not begun (they are still in
the design phase), and we have close to 11'0
. residents 'at The Village of West Clay'" over 200
are projected by year end. .
Village Home Show Builders ~
Mineo Companies 569-2650
Gregg H. Montgomery Builders, Inc. 769.1730
John Brooks Custom Homes, Inc. . 257.5667
Kent Shaffer Builders, Inc. 873-6924
\
Shaffer Enterprises of Indiana 769.3468
Thomas R. McHaffie & Co., Inc. 848-7003
Timothy Homes 465-9000
Webb & Company Builders, Inc. 843-9537
Will Wright Building Corp. 844-5499
William Gordon Group 582.0900
- Woodall Construction Services 574-1944
Broad Street Home Show Builders
Bontrager Home,s, Inc. . 845-5686
John Brooks Custom Homes, Inc. 257.5667
The Eldrege Group 875-4050
Homes by Desig~ing Women 873-2890
Homes by John McKenzie 805-7200
Khamis Khoury Builders, Inc. 359-4663
Mattson Construction, Inc. 587.1511
Thomas R. McHaffie 848.1003
David Morton Designer-Builder 844-1304
The McKinney.Pittman Group 580-9721
Kent S~affer Builders, Inc. 873-6924
Webb & Company Builders, Inc. 843-9537
Woodall Construction Services 574-194'4
Will Wright Building Corp. 844-5499
Estate Builders
Open to Custom Builders with.Plan Approval
ii '
I
News from the Front Porch
CLA y(j) VILLAGE C'ENTER
IN PROGRESS
.<
i
I
. At present, the ]lexisting commercial
. building is almost 90% leased and hOl!ses crn
Bank, Schneider Engineering Corporation,
F.e. Tucker Compahy, the Luigs Insurance
Agency, a' cabinet cokpany and the Brenwick
DevelopmentComp+yoffices. Negotiations
to bring.a 'Breakfast/Lunch' restaurant into
the village center ar~ in progress. A second
smaller free-standin?llcomrnercial building has .
been built, and lias auleady been leased by Josh
Igou State Farm ~gency. This building
incl 0- a artment above
ground-levei commJrcial space that includes
I .
a terrace over a two-car garage in the rear. We
, currently have two !rclients that have free-
standing buildings. ip the works. Two other
INTER~STINGr-PARKSPFACTS
. By: Parks Pifer, Horticulturist
The following is a/spring update of what is
happening horticult!rally at The Village of
WestClay@. Spripg planting is nearly
complete. All ofthe ~uals should be planted
by the time you rdo this, and the urns are
filling out well.' We!lhave planted over 1000
trees last year anU this spril}g and\ are
continuing to plant l~dditiona1 trees. A big
thank you to Denise Whitney' for her
dedication in keepidg the large spaded trees
alive. II '
. We tried an uncbnventional method of.
planting street tr:~es this spring with
remarkable results. rake a look at the maple
trees along Meetinghouse Road, they were
planted as bare root rrees. Bare root describes
a plant without soil. r The trees are dug in the
fall and most of the ~oil is knocked oft' of the
roots. The.trees are p~aced in large refrigerated
barris with very high humidity until spring,
then they are shippJd in refrigerated trucks.
II I
We had the holes already dug, and all 65 of
our trees were plant~d within 4 hours; which
contributed to our ~ccess with these trees.
These trees are doi~g very well and will be
pruned this fall or winter. .
I
II
I
commercial buildings are planned to start
construction in the fall, with strong interest for
tenants to occupy t.\1ose as well.
Prospective retail merchants have con-
tacted Brenwick with a great interest in the
commercial area.
The Village Center, which is the heart of
WestClay@, recaptures the nostalgic qualities
of small town life that many people remember
frQm their own childhood. This retail and
community area will serve as a natural
e;athering place for its.residents.Jillo .
to meet, work,' entertain and relax. Devotion
to the traditional architecture of WestC1ay'"
remains apparent in the charm of the old-
fashioned storefronts.
TRIP TO SOUTH
MAKES BIG IMPRESSION
I
A group of builders, realtors and Brenwick
personnel departed the Indianapolis Airport in
April for a three~day trip to Savannah!
Cnarleston. The goal of this trip was to
become better acquainted with the architecture
and history of the towns visited, and to gain
an in-d~pth knowledge pfTND's (Traditional
Neighborhood Developments). /
We were fortunate to meet with the builders
and key personnel in several projects including
Newpoint, Habersham and rOn. It was
exciting to see beautiful communities built on
the concept of The VillageofWestClay@, yet'
in a"more complete form. The group was
impressed with the small town charm and the
residents' .enjoyment of the lifestyle these
neighborhoods afford.
An additional day trip was taken in Mayby
builders, realtors and Brenwick personnel.
The excursion included a trip to Charleston,
it's historic district, as well as a trip to I'on,
which is a development similar to The Village
of WestClay@, but in 'a more advanced state
of ~evelopment.
Adlfitional trips to Savannah/Charleston, as '
well as trips to other parts of the countrY to
visit TND's will be planned in the future.
Please; contact the staff at The Village of
WestClay@ Information Center at (317) 574-
1100 for information regarding upcoming
trips.
Jim Poole, a Realtor@with over 30 years in'
real estate took the trip to Charleston and
Savannah and had this to say: "While the trip
was very educational and informative, and I
believe we s~w the 'cream of the crop' of the
south, I truly feel the developments we _saw
don't hold a candle to The Village of
WestClay@. In my opinion, this is the finest
development In theMidweSi, imamaybe even
in the country. ' I
Jim Poole
F. C. Tucker Company
HOPPING INTO SPRING
'\
The Meeting House at The Village of ,'child was given a party favor as well as a
Westclay@ provided the perfect setting for a fun- beautifully decorated cookie from the Cookie \
filled spring day. Over 200 people including Jar. Bell's Trackless Train was a huge hit with .
children, parents and grandparents participated the younger crowd and many children took
in 'Breakfast with the Bunny' which inCluded numerous rides throughout the Village. With
an egg hunt, a petting zoo, a moonwalk, a~ well the high interest this year, and the many
as pony rides and a trackle.ss train. Over 1000 families that would like to be included in the
eggs were hidden in University Green with an . list for next year, you can look for this to be
additional 200 eggs scattered,throughout an annual event at The Village:ofWestClay@.
Founders Corner for the younger children. A I The Children's TherAp1ay Foundation, which
delicious brunch was served by Ritz Charles and is a not::for-profit organization that helps
The Easter Bunny and Mrs. Bunny delighted the. special needs children receive special therapy,
children with photos and story telling. Each was. the beneficiary ofthis charitable event.
Page 2
www.brenwick.com
News from the Front Porch
,
JUNE 2001
,NEW SECTIONS TO OPEN IN VILLAGE AND ESTATE AREAS
. I
J(EW OVERLOOK
Beautiful estate lots on Hourglass
Drive overlooking Kew Pond
. Lot Prices,from $135,900.
For more information, please contact The InformatiQn Center at
. (317) 574-1100 or Brenwick at (317) 574-3400.
LIFE IN, THE VILLAGE
BY: T. THOMAN
We were asked to writ'e a~ article sharing We have enjoyed the First Friday
what life is like for our family in The Village towngatherings at the Meeting House. It has
of WestClay@. We thought it would be gi~en all 'of us "pioneers" an opportunity to
, appropriate to share both 'o}lr expectations meet each other; sharing food, drinks and
prior to living here and how it has turned out., laughter. The kids h;;lve had a ball.. There
Cathy and I chose to build our home and to seems to be a common theme with everyone,
raise our children in The Village ofWestClay@ that we have met in the Village. They all seem
for several reasons. We thought there would to have a desire to know their neighbors and
be many kids for out four children to play with, be part of a community. There are no hermits
many fun things to do within the neighborhood' to b'e found in the Village. 'The regularly
and there would be a small town flavor. We scheduled town center events have made
also liked the pedestrian friendly design and,' community gatherings easy. With ,four
architectural feel of the Village, Most oftht)se children and a time-consuming business, easy ,
hopes have already be,en realized, but in time, events are about the only ones that we have
we think it will turn out better than we had time to attenq. ,
anticipated. ' We have been' surprised by how little the
We have four children, Paul-7, Taylor-5, homeowner, landscaping, trash and snow
Micha~I-3 and Maria-I. Every weekend and removal fees have been considering the'
nearly every evening after work our children amenities and services that have, been
plead with me to take them on an adventure. pt:ovided. We spent more on. t~ese servIces at
Most of the time their insistence wins out and our last home in atradlhonal Oarmel
we are off on one of several favorite neighborhood than we are currently paying.
adventures. Early this spring, they chose Yet, the Village has offered'much more, both
fishing quite often. This is one of my favo.rite in te~s of amenities an~ services. What we
adventures because it is about the only tIme thought would be a negatIve has turned out to
that I get to use my fly rod. We grab their be a plus.
purple, green and blue tackle boxes ~long wi~h When we compar.e our e~pectations of the
their "Snoopy" fishing poles andhlt.the trml. Village to the reahty of hfe here, we are
Neaily all of the fish we catch ar~ small, but pleased but look forward to t~e future. Th~re
we catch a lot of them, which is the key. are many children -for our kIds to play WIth
, Unfortunately, this has spoiled them when it but nowhere near the number of child~en that
comes to fishing attheir grandparent's cottage. there will be once all 1000 homesltes ~re
They now lose interest if they go more than a, 'developed. Between th.e lak~s, parks, trmls,
few minutes without catching a fish. woods, pool and pedestnan friendly roads and
They alsQ like bike riding and roller blading sidewalks, there are always fun things to do.
adventures. Paul, Taylor and Michael ride There is something to do in every season. We
their bicycles while I push Maria ~n the chariot have seen the beginnings of a small town feel
with my roller blades. We make a loop through witp the organized town events, town cent~r
the neighborhood and usually end up at one design and friendly neighbors. Howe~er, It
of the two parks. I am surprised how often will be even more enjoyable as the Village
'we meet our neighbors and their children at continues to develop and the tow~ cent~r
the parks, given the newness of the' offers restaurants and shops. The Village IS
neighborhood. Last fall, hikes through ~he so pedestrian friendly that we almost always
woods were the favorite adventure. The kIds bike, skate or walk when we travel to
still talk about the watermelon sized destinations within the Village. I personally
mushroom that we found last fall in the woods. look forward to all I 0 miles of running paths
This spring, Paul worked with a group of kids being completed. We enjoy the architectural
nearly every day after school building a tree, feel and the quality of both !hehomes and
fort in the woods 1:;>ehind our house. Afterthree amenities. However, we have become
weeks of hard work it was completed with a accustomed t<,> them and it is now the '
lookout tower and fire 'escape (essentials for functionality, not the aesthetics, which yve
. any tree fort worth its salt). value most. .., .
' We have only had one day since the P?ol This ~as been our expenence hvmg m the
'opened that it was warm enough to SWIm. Village. We are pleased th~t we sel~cted a
Even then the temperatures were in the low home in the Village in WhICh to raIse our
70 's: The pool drew several families and the family and we would recommend it to any?ne.
kids still swam. We look forward to a dry, Feel free to call us if you have any questiOns
warm summer so that we can take advantage regarding life in the Village.
of this incredible pool.
SOUTH VILLAGE
Beautiful village lots with a pond
. 'and park-like greens, just off
Meeting House Road
.. Lot Pricesfrom'$67,900.
For more information, please contact The Information Center at
(317) 574-1100 or Brenwick at (317) 574-3400.
The lot you looked at today and want ,to think about until
tomorrow, may be the same lot someone else looked at
, yesterday and will buy today. ,
UPCO,MING ACTIVITIES .
FIRST FRIDAYS are held the first Friday of
each month. The purpose of this event is for
our residents to meet each other and have fun,
food, al1d friendly.conversation. All residents
are invited to bring an appetizer to pass and your
own drinks and come to the Meeting House
from 6PM till 7:30PM.
SECOND SUNDAYS are held the second
Sunday of each month. From noon until 3PM
The Ritz Charles will be grilling hamburgers
and hotdogs as well as selling ice cream in
University Green Park. Come buy lunch. for
your family while enjoying our beauhful
neighborhood. '
STORYTIME - Put ~n your jammies, grab
your pillow, blankie and your favorite stuffed
animal and head over to the Meeting House for
Story Time at The Village ofWestClay@.. Nancy
Webster from University High School WIll share
stories with our young residents on June 28th
and July 30th at 7PM. Milk and cookie~ will
be served. Call The Information Center at (317)
574-1100 for more details and to reserve a spot.
JULY 1 CELEBRATION - Look for a
children's bike parade', train rides on Bell's
Trackless Train, horseshoe contests, croquet
tournaments, etc. The grill will be open to
pumhase lunch and ice cream will be sold.
HOMES BY DESIGNING WOMEN
13096 BROAD STREET'
The whole community aspect of families
relating to families and the fact that it is a -self-
servicing community, a place where residents
can meet, work, entertain and relax are just a
few things that initially attracted Debra Walsh
of Homes by Designing Women to The Village
ofWestClay@. "To have the consistency and
details of the architecture all jn one place is a
refreshing idea,"adds Walsh: . . .
Now in her seventh year of custom bUlldmg,
Walsh builds as if she would be living in the
home herself. She puts only the finest quality
throughout her homes, with exquisite attention,
to details.
Located on Broad Street, this all-brick home
exe~plifies her philosophy on details. Her
Federal style home rem~ins true to the style, >>
while incOI:porating state-of-the-art 21 st-
century technology. It features a combined
kitchenlbreakfast/gathering room that is very
warm and livable with an ample amount of
space' and a view of the lovely courtyard. "The
year of the deck is gone, "notes Walsh: "The
courtyards are very cozy."
Homes by Designing Women offers only
truly custom homes 'and 'hopes to make each
home buyer a satisfied client for life.