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HomeMy WebLinkAboutPacket 10-03-06 THE LEGACY PLANNED UNIT DEVELOPMENT DISTRICT SPECIAL STUDIES COMMITTEE OCTOBER 3, 2006 PittmanPartners. ~ _ & IitcsII(IJ j fP?') . <<2006' IJOCS ' ',,-- ::~, - 81 ' Properties ~<+. KEVIN K. PARSONS Be ASSOCIATES, 'NC L4Oo-D.e.."t AIlCI.,."tCTUllt UNO- "~"N."NC. U....... 01;.1(;" NELSON & FRANKENBERGER A PROFESSIONAL CORPORA nON ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINA VER LAWRENCE J. KEMPER JOHN 8. FLA IT FREDRIC LAWRENCE DAVID J. LICHTENBERGER Of Counsel JANE B. MERRILL 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, IN 46280 317-844-0106 FAX: 317-846-8782 www.nf-Iaw.com September 22, 2006 Carmel Department of Community Services Carmel, IN RE: The Legacy (Earlham Real Estate) Dear Members of the Special Studies Committee: This binder contains the revised PUD Ordinance and Exhibits. This represents our effort to restructure the PUD in compliance with the suggestions of the Department of Community Service. We look forward to discussing this with you at the next Special Studies Committee meeting scheduled for Tuesday, October 3,2006. Respectfully submitted, ~/,- Charles D. Frankenberger Attomey-at- Law bt enclosure it " , Sponsor: DRAFT 09/22/06 CARMEL, INDIANA The Legacy PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE NO. Z- -06 .. TABLE OF CONTENTS Page Section 1. Applicability of Ordinance.............................................................................. ................ 5 Section 2. Definitions and Rules of Construction. ......................................................................... 6 Section 3. Accessory Buildings and Uses.................... .........................................................12 Section 4. Detached Residential Use Block(s)...... ...................................................................... 13 Section 5. Detached and Attached Residential Use Block(sL......................................................13 Section 6. Attached Residential Use Block......................... ...............................................13 Section 7. Office/mixed Use Block( s) ...................................................................... ....... .............. 13 Section 8. Village Core Use Block......................... ............................................................14 Section 9. Comer Retail Use Block......................... ..........................................................14 Section 10. Continuing Care Retirement Community...................... ....................................14 Section 11. Open Space Use Block... .............................................................................................. 14 Section 12. Streets... ... ......... . ..... ... ........ .................................................................. ..............15 Section 13. Landscaping Reauirements......................... ......................................................16 Section 14. Lighting......................... ....................................................................................18 Section 15. Signs........................ ..........................................................................................18 Section 16. Parking........................... ..................................................................................18 Section 17. Maximum Unit Limitations..... .................................................................................... 19 Section 18. Homeowners Association and Declaration of Covenants.. .... ...... . .. ... ... ... ... ....20 Section 19. Approval Process.............. ..... ...............................................................................20 Section 20. Controlling Developer's Consent....... ....................................................................22 Section 21. River Developable Parcel. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. ............... ... . . . . . ..23 Section 22. Violations.................. ..........................................................................................23 2 . Exhibit I. Exhibit 2. Exhibit 3. Exhibit 4. Exhibit 5. Exhibit 6. Exhibit 7. Exhibit 8. Exhibit 9. SCHEDULE OF EXHIBITS Legal Description Concept Plan. Bicycle and Pedestrian Plan Open Space Plan Environmental Systems Plan Streets A. Street Plan B. Street Sections C. Street Standards Detached Dwelling Use Block (s) A. Detached Development Standards (for Attached Dwellings, see Exhibit 8A). B. Detached Architectural Standards (for Attached Dwellings, see Exhibit 8B). C. Detached Character Illustrations (for Attached Dwellings, se Exhibit 8C). Detached and Attached Dwelling Use Block(s) A. Attached Development Standards (for Detached Dwellings, see Exhibit 7 A). B. Attached Architectural Standards (for Detached Dwellings, see Exhibit 7A). C. Attached Character Illustrations (for Detached Dwellings, see Exhibit 7A). Attached Dwelling Use Block(s) A. Multi-Family Development Standards (for Detached Dwellings and Attached Dwellings, see Exhibit 7 A and Exhibit 8A, respectively). B. Multi-Family Architectural Standards (For Detached Dwellings, see Exhibit 7B). ' C. Multi-Family Character Illustrations (for Detached Dwellings and Attached Dwellings, see Exhibit 7C and Exhibit 8C). 3 ;; Exhibit 10. Office/Mixed Use Block(s)A A. Development Standards B. Architectural Standards C. Character Illustrations Exhibit 11. Village Core Use Block A. Development Standards (For commercial, see Exhibit IDA, and for residential, see Exhibit 8A and 9A). B. Architectural Standards (For commercial, see Exhibit IDA, and for residential, see Exhibit 8A and 9B). C." Character Illustrations (For residential, see Exhibit 8A and 9C). Exhibit 12. Comer Retail Use Block A. Development Standards (These are in process.) B. Architectural Standards (These are in process.) C. Character Illustrations (These are in process.) Exhibit 13. CCRC A. Development Standards B. Character Illustrations Exhibit 14. Open Space Use Block(s) - Character Illustrations Exhibit 15. Use Table Exhibit 16. Tvpical Street Lighting Exhibit 17. TvpicaI Residential Area Signage Exhibit 18. River Parcel Legal Description 4 ;; Sponsor: Councilor ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE LEGACY PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements on.c. ~ 36-7-4-1500 et seq.; WHEREAS, the Plan Commission has given a recommendation to the ordinance set forth herein (the "Legacy Ordinance") which establishes the Legacy Planned Unit Development District (the "Legacy District") with respect to the real estate legally described in what is attached hereto and incorporated herein by reference as Exhibit 1 (the "Real Estate") NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC ~36-7- 4-1500 et seq., it adopts this Legacy Ordinance, as an amendment to the Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Legacy Ordinance and its exhibits are hereby inapplicable to the use and development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Legacy Ordinance, and (iv) this Legacy Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1. ADDlicabilitv of Ordinance. Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the Zoning Ordinance, is hereby changed to designate the Real Estate as a planned unit development district to be known as the Legacy District. Section 1.2. Development in the Legacy District shall be governed entirely by (i) the provisions of this Legacy Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in this Legacy Ordinance. In the event of a conflict between this Legacy Ordinance and the Zoning Ordinance, the provisions of this Legacy Ordinance shall apply. Section 1.3. Any capitalized term not defined herein shall have the meaning as set forth in the Zoning Ordinance in effect on the date of the enactment of this Legacy Ordinance. 5 Section 2. Definitions and Rules of Construction. Section 2.1. General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Legacy Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. Section 2.2. Definitions. The following definitions shall apply throughout this Legacy Ordinance: Accessory Dwelling. A Dwelling which is attached to or located on the same lot as a Detached Dwelling or an Attached Dwelling, has an independent means of access and is owned by the owner of the principal dwelling but occupied by another. Accessory Dwellings may be integrated within or attached to a Dwelling, or may be located in an attached or detached Accessory Structures, such as garages or carriage houses, located on the same lot as the principle dwelling. Accessory Retail: Supporting retail which acts as a convenience for office uses. Accessory retail must be integrated into buildings or sites that are of primarily office use. Accessorv Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. Accessorv Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. Alley. A private right-of-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. Aoartment House. More than one (1) Apartment placed one on top of another and/or side by side and sharing common walls and common floors and ceilings, and which are located on a block or a single lot of record. 6 Attached Dwelling. Townhomes, flats, duplex, triplex, or quadruplex dwellings. Attached Dwellings may be sold as condominiums or as individually deeded lots. Apartments shall not be within the definition of Attached Dwellings and, as such, all references in this Legacy Ordinance to Attached Dwellings shall exclude Apartments. Attached Dwelling Use Block(s): What is identified on the Concept Plan as the "Attached Dwelling Use Block". Block(s): Anyone or any combination of (i) the Detached Dwelling Use Block(s), (ii) the Detached and Attached Dwelling Use Block(s), (iii) the Attached Dwelling Use Block(s), (iv) the Office/Mixed Use Block, (v) the Village Core Use Block, (vi) the Comer Retail Use Block, (vii) the Open Space Use Block(s). The size of each and every Block may be enlarged or reduced by up to twenty percent (20%); provided, however, that the Maximum Unit Limitations specified in Section 17 below shall remain unaffected. Building Hei!!ht: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip, and gambrel roofs. BZA: The City's Board of Zoning Appeals City: The City of Carmel, Indiana. City Home: A single family detached home on a narrow lot (25 - 50 feet). Townhomes are characteristically long and narrow, and have multiple stories. Townhomes have accommodated parking and garages via alleys or rear access. Townhome developments typically have zero lot line setbacks to provide placement flexibility. Commission: The Carmel Plan Commission. Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit 2 is conceptual and preliminary, only, and the final site planes) may vary. Condominiums: For the purposes of this ordinance, condominiums generally refer to a single family home that is attached horizontally. Homes share common walls, floors/ceilings. Condominiums can have individual or shared access. A residential living unit or units as defined in and governed by the Indiana Code, Sections 32-25-1 to 32-25-9-2, inclusive. Controlling Develol'er: Shall mean East Carmel, LLC, until such time as East Carmel, LLC transfers or assigns its rights as Controlling Developer. Such Rights 7 may be transferred by the Controlling Developer, in its sole discretion, in whole or in part. To transfer all or any portion of its rights as Controlling Developer, East Carmel, LLC may (i) name each individual owner of parcels within the Real Estate as Controlling Developer solely with respect to such parcels owned by each such individual owner, (ii) establish a committee of individual owners of the Real Estate within the Real Estate to act as Controlling Developer with respect to such parcels owned by all such owners, or (Hi) use either method described in (i) and (ii) above with respect to different portions of the Real Estate. Comer Retail Use Block: What is identified on the Concept Plan as the "Comer Retail Use Block". Council: The City Council of the City of Carmel, Indiana. County: Hamilton County, Indiana. CCRC: See Continuing Care Retirement Community CCRC Cottage: A Detached Dwelling or an Attached Dwelling occupied by one or more CCRC resident(s) which is not part of the CCRC Multi-Unit Building. CCRC Multi-Unit Building: A building containing apartment-style Attached Dwellings occupied by CCRC residents. A CCRC Multi-Unit Building may also contain any support services and facilities that may be included within a Continuing Care Retirement Community including but not limited to a health center containing assisted living and/or nursing beds. CCRC Resident: A senior citizen who is entitled by contract to receive continuing care in a Continuing Care Retirement Community. Continuing Care: The provision of lodging and nursing, medical or other health related services to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration for the payment of an entrance fee with or without other periodic charges. Continuing Care Retirement Community: A place where continuing care is provided to senior citizens which may include as support services and facilities (i) indoor recreation (including swimming pool, solarium and lounges), (ii) physical therapy, (iii) entertainment rooms, (iv) exercise rooms, (v) library, (vi) computer rooms, (vii) kitchen, food service, and dining rooms, (viii) automatic teller machine, (ix) administrative offices, (x) storage space, (xi) chapel, (xii) gift shop, and (xiii) hair stylist/barber shop. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate, or any portion thereof, which shall be recorded in 8 the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. . Dedicated Trail Network: A trail system which functions both an alternative transportation system and a linear park. This system is the primary pedestrian access to all use areas and activity nodes. Local road sidewalks are not considered part of this system, but do provide key access to network. This system is paved and is similar in function to the Monon Trail and City's path network. Department. The Department of Community Services of the City of Carmel, Indiana. Detached and Attached Dwelling Use Block(s): What is identified on the Concept Plan as the "Detached and Attached Dwelling Use Block(s)". 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. Detached Dwelling Use Block(s): What is identified on the Concept Plan as "Detached Dweling Use Block". Development. The Real Estate developed in accordance with the Development Requirements. Development Requirements: Development standards and any requirements specified in this Legacy Ordinance which must be satisfied in connection with the approval of a Final Development Plan. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. Dwelling: A structure intended for occupancy by a single family. A Dwelling includes an Attached Dwelling, a Detached Dwelling, an Apartment, an Accessory Dwelling, a Loft, and a CCRC Dwelling. Environmental Ot>en Space: Open space which contains natural systems (including manmade systems) that function to preserve the natural integrity of the Development. Such spaces include existing woodlands, bio-swales, restored prairies, and naturalized detention ponds. Final Development Plan: A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval showing proposed facilities, buildings, and structures. Final Development Plans shall include 9 general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for the site. Flood Plain Law: Any laws, statutes, ordinances, rules, or regulations governing . the use and development of land within flood plains. Landscaping: Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials, and associated structures and improvements. Loft. One or more rooms connected together and located above the 1 st floor of any building in the Office/Mixed Use Block or the Village Core Block, which are arranged, designed, used, and intended for use by one or more human beings living together as a family and maintaining a common household for owner occupancy or rental or lease on a weekly, month or longer basis; and which includes lawful cooking, eating, sleeping space, and sanitary facilities reserved solely for occupants thereof. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Minor Alteration: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials and can not include a decrease in the minimum open space or amenities, elimination of required plantings, or the addition of living units identified in the Concept Plan. Office/Mixed Use Block(s): What is identified on the Concept Plan as the "Office/Mixed Use Block(s)". Open S\Jace: Open space shall comprise a parcel or parcels of land, an area of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designated by the Controlling Developer for the use and enjoyment of some or all of the residents of the Development and, where designated by the Controlling Developer, for the use and enjoyment of the community at large. Except as otherwise provided herein, common open space does not include any area which is divided into building lots, streets (except the landscaped medians of boulevards) or rights of way (except tree lawns). 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. Open Space Use Block(s): What is identified on the Concept Plan as "Open Space Use Blocks(s)". Parcel Coverage: The total ground area covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, 10 excluding fences and walls not attached in any way to a roof, divided by the total horizontal ground area. Path: A paved or otherwise cleared way intended as a jogging trail or a bikeway and located in Open Space, an easement, or a right-of-way. Perimeter Yard: The required side and rear yards of a project, situated between and extending along the side and rear project boundaries and an interior line paralleling thereto. Primary Facade: The building fayade on elevation containing the primary customer entrance. Real Estate: The Real Estate legally described in Exhibit 1. Recreational Open Space: Open Space that has been designed and designated for community use. Such spaces include trails, nature viewing areas, plazas, ball fields, accessible bodies of water for active use, dedicated trail networks, and playgrounds. Ricltt-of- Way: An area of land permanently dedicated to provide light, air and access. River Parcel: That portion of the real estate located east of River Road, comprising approximately 95.82 acres, and legally described in Exhibit 18, comprising part of the Open Area and the River Developable Parcel. River Developable Parcel: A portion of the River Parcel comprising between 11 and 15 acres, more or less, and not identified on the Concept Plan as "Open Space". The size and configuration of the River Developable Parcel may vary from what is depicted on the Concept Plan. Townhome: A single family attached dwelling that is attached vertically and provides for individual unit access. Units share walls, but ownership can include small yards (front and rear). Secondary Facade. Any building fayade or elevation other than the Primary Fayade. ~: Any type of sign as further defined and regulated by this Legacy Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. Subdivision Control Ordinance: Carmel/Clay Subdivision Control Ordinance, No. Z-160, as amended. 11 Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. Village Core Use Block: What is identified on the Concept Plan as the "Village Core Use Block". Village Supporting Commercial Use: A small neighborhood serving retail/office use whose primary clientele lives or works within close proximity of the Development. Such uses occupy less than 2,500 square feet and must be pedestrian oriented in design and accessibility. All parking shall be accommodated in the rear, sides, and on-street. These uses can be detached, or integrated within a mix of other uses. Zoning Ordinance: Carmel/Clay Zoning Ordinance Z-289, as amended from time to time. Section 3. Accessorv Buildine:s and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Legacy District; provided, however, that any detached accessory building shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 4. Detached Dwelline: Use Block(s). This Block contains suburban setting of detached dwellings on larger lots. While this Block is primarily Detached Dwellings, Attached Dwellings are permitted through special use review and approval by the BZA. No more than 4 Attached Dwellings shall be permitted per structure. Home-based business is permitted as per the current city of Carmel Zoning Ordinance. Section 4.1. Permitted Uses, as qualified by the text immediately above in this Section 4, are specified in the Use Table (Exhibit 15). Section 4.2. The applicable development standards are specified in Exhibit 7. Section 4.3. The applicable architectural standards are specified in Exhibit 7. Section 4.4. The applicable character exhibits, indicating conceptually the intended architecture and appearance of buildings, are contained within Exhibit 7. Section 5. Detached and Attached Use Dwelline: Block(s). This Block contains a mix of Detached Dwellings and Attached Dwellings. No more than 6 Attached Dwellings shall be permitted per Townhome structure. No more than 16 units shall be permitted per Condominium structure. Home-based business is permitted as per the current Zoning Ordinance. Section 5.1. Permitted Uses as qualified by the text immediately above in this Section 5 are specified in the Use table (Exhibit 15). 12 Section 5.2. The development standards applicable to Attached Dwellings are specified in Exhibit 8. Development standards applicable to Detached Dwellings permitted in this Block are found in Exhibit 7. Section 5.3. The architectural standards applicable to Attached Dwellings are specified in Exhibit 8. Architectural standards applicable to Detached Dwellings permitted in this Block are found in Exhibit 7. Section 5.4. The character illustrations, indicating conceptually the intended architecture and appearance of Attached Dwellings, are contained within Exhibit 8. Character illustrations applicable to Detached Dwellings permitted in this Block are found in Exhibit 7 . Section 6. Attached Dwelline: Use Block. This block is a village setting of predominately Attached Dwellings and Apartments. No more than 6 Dwellings shall be permitted per Attached Dwelling structure. No more than 16 Dwellings shall be permitted per Condominium structure. There is no limit on the number of Apartments per Apartment House. While this area is primarily residential in nature, Village Supporting Commercial Uses are permitted through special use review and approval by the BZA. Section 6.1. Permitted Uses, as qualified by the text immediately above in this Section 6, are specified in the Use Table (Exhibit 15). Section 6.2. The development standards applicable to Apartments are specified in Exhibit 9. Development standards applicable to Detached Dwellings and Attached Dwellings permitted in this Block are found in Exhibit 7 and Exhibit 8. Section 6.3. The architectural standards applicable to Apartments are specified in Exhibit 9. Architectural standards applicable to Detached Dwellings and Attached Dwellings permitted in this Block are found in Exhibit 7 and Exhibit 8. Section 6.4. The applicable character illustrations, indicating conceptually the intended architecture and appearance of Apartments, are contained within Exhibit 9. Character illustrations applicable to Detached Dwellings and Attached Dwellings permitted in this Block are found in Exhibit 7 and Exhibit 8. Section 7. OmcelMixed Use Block(s). This Block serves primarily office/commercial uses. The Block serves as a transitional area to the adjacent Attached Dwelling Use Block(s). This Block permits a limited amount of residential and retail. Dwellings in the Office/Mixed Use must be incorporated into office structures as Lofts. All retail must be Accessory Retail. No more than 20% of all non-residential square footage of the Office/Mixed Use Area can be occupied by Retail Uses. Section 7.1 Permitted Uses, as qualified by the text immediately above in this Section 7, are specified in the Use Table (Exhibit 15). 13 Section 7.2 The development standards applicable to offices are specified in Exhibit 10. Section 7.3. The architectural standards applicable to offices are specified in Exhibit 10. Section 7.4. The applicable character illustrations, indicating conceptually the intended architecture and appearance of offices, are contained within Exhibit 10. Section 8. Villal!e Core Use Block. The Village Core Use Block is the most intense activity node of the Legacy PUD. This Block comprises multi-story buildings with a full mix of uses. The Village Core Use Block is primarily retail use on all first floors along and adjacent to the main street running north and south through this Block. Office and Lofts can be found on upper levels. The Block shall be kept generally within its boundaries identified on the Concept Plan. This Block shall not be expanded or shifted closer to the 146th Street Corridor than as shown on the Concept Plan. Section 8.1. Permitted Uses, as qualified by the text immediately above in this Section 8, are specified in the Use Table (Exhibit 15). Section 8.2 The development standards applicable to retail buildings are specified in Exhibit 10. Development standards applicable to Attached Dwellings and Apartments permitted in this Block are found in Exhibit 8 and Exhibit 9, respectively. Section 8.3. The architectural standards applicable to retail buildings are specified in Exhibit 10. Architectural standards applicable to Attached Dwellings and Apartments permitted in this Block are found in Exhibit 8 and Exhibit 9, respectively. Section 8.4. The character illustrations, indicating conceptually the intended architecture and appearance of retail buildings, are contained within Exhibit 11. Character illustrations applicable to Attached Dwellings and Apartments permitted in this Block are found in Exhibit 8 and Exhibit 9, respectively. Section 9. Corner Retail Use Block. This Block is located on the southwest corner of 146th Street and River Road. Permitted Uses are specified in the Use Table (Exhibit 15). Section 9.1 The development standards applicable to Corner Retail are in the process of being established. Section 9.2. The architectural standards applicable to Comer Retail are in the process of being established. Section 9.3. The applicable character illustrations, indicating conceptually the intended architecture and appearance of Comer Retail buildings, are in the process of being established. 14 Section 10. Continuine: Care Retirement Communitv. The CCRC can be located anywhere within the Legacy District, so long as no portion of the CeRC site occupies more than 25% of the Village Core Use Block. Section 10.1. Permitted Uses are specified in the definition, in Section 2.2, of a Continuing Care Retirement Community and also in the Use Table (Exhibit 15). Section 10.2. The applicable character illustrations, indicating conceptually the intended architecture and appearance of buildings, are contained within Exhibit 14. Section 10.3. The CCRC site can range in size from between 10 acres and 35 acres. Section 11. ODen SDace Use Block. The Open Space Use Block is identified as the Concept Plan. Within this Block, the following provisions apply: Section 11.1. Legacy Open Space can be Environmental Open Space, Recreational Open Space, or a combination of both; provided, however, that the Open Space Block east of River Road must be Recreational Open Space. There shall be accessible and usable open space with a 5 minute walk (1/4 mile) from all Dwellings within the Legacy. Dedicated trail networks do not count toward this requirement. Section 11.2. Not less than forty (40) percent of the Real Estate shall be allocated to and shall remain in open space in perpetuity. Section 11.3. The Developer may make improvements such as the cutting of trails as depicted on the Concept Plan, 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. Section 11.4. Recreational buildings, structures, and improvements (for example, pools, clubhouses, picnic structures, ball fields, tennis courts, and playground equipment) not prohibited by flood plain laws may be constructed in the Open Space Area. Section 11.5. Storm water quality/quantity treatment may be constructed in the open space and within the public rights-of-way. Section 11.6. Trails shall be provided, where feasible, to link open space areas. Pedestrian trails shall bea minimum of six (6) feet wide, and bicycle trails shall be a minimum often (10) feet wide. Section 11.7. Bioswales and Open Space Character exhibits are illustrated in Exhibit 14, and Open Space Use Block (s) are further illustrated in Exhibit 4. 15 Section 12. Streets. Section 12.1. The street layout (including rights-of-way, pavement widths, and design) within the Legacy District shall be substantially as indicated on the Exhibit 6, adapted as appropriate to the topography, unique natural features, and environmental constraints of . the site. Section 12.2. Alleys shall be permitted based on the following standards: A. An Alley shall be a perpetual easement or private way and shall not be dedicated to the public. B. 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. A concrete apron may serve as point of termination for the curb. C. Utilities may be located within Alleys. Section 12.3. All streets (excluding Alleys) within the Legacy District which are to be dedicated for public use and accepted for maintenance by the City and shall be constructed to the standards of the City as applicable at the time of the enactment of this Legacy Ordinance, for depth, materials, dimensions, and radii, which standards are specified in Exhibit 6. Section 12.4. With the approval of the Commission, streets within the Legacy District may be private. Section 12.5. Exhibit 6 also contains illustrations of streets to be constructed with the Legacy District. Section 13. LandscaDine: Requirements. The landscaping in the Legacy District shall be designed to compliment the architecture of the residential and commercial buildings. Street trees, streetscape plantings, and buffer areas shall be used to bring natural elements to the design pattern, in consultation with the Carmel Urban Forester. Section 13.1. General Landscaping Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing, or any water features. Plantings along buildings and streets should be designed with repetition, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. Alternative or pervious paving material may be considered, or 16 alternative planting media shall be considered, for the urban areas where planting space is limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices(BMPs) published by the City's Department of Community Services Urban Forestry Section. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are critical factors that should be considered. Shade shall be at least 2.5" in caliper diameter when planted. Ornamental trees shall be at least IS' caliper diameter when planted. Evergreen trees shall be 6' in height when planted. Shrubs shall be at least 18" in height when planted. Ornamental grasses shall obtain a mature height of at least 3' . The Developer shall implement reasonable efforts to conserve existing established trees identified on the Environmental Systems Plan (Exhibit ->, however, said trees may be removed under any of the following circumstances: . As is necessary to clear underbrush and dead trees; . As is necessary for the installation of access easements, rights-of-way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and . As necessary for public health and safety as determined in cooperation with the Urban Forester. Fruit and seed-bearing trees are not permitted over or adjacent to hardscape features. Existing vegetation may be used to achieve project landscaping requirements if (a) the vegetation located on subject parcel is of suitable quality and health, and (b) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. Section 13.2. Perimeter Landscaping. Perimeter landscaping along the property lines shall be provided in the form of either (a) street trees for portions of the perimeter which abut an existing public right-of-way or where a public right-of-way is created via a proposed frontage road, or (b) landscaping per the requirements of P Type "B" Bufferyard (3 shade trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) for portions of the perimeter that do not abut a public right-of-way. Any street trees used to meet perimeter landscape requirements shall meet all other standards provided in this Section 1.5. Section 13.3 Street Trees. Medium or large growing shade trees shall be planted within the street right-of-way, parallel to each street, in planting strips or tree wells. Street trees shall be planted a minimum of thirty (30) feet and a maximum of eighty (80) feet on center. In areas of high pedestrian and commercial activity, tree wells shall be covered with decorative grates or pavers in order to maximize uninterrupted pedestrian 17 pathways. Where ample passage area is provided, tree planting areas shall be treated as planting beds to soften the hardscape. As per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures. underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Developer may solicit the aid of the Urban Forester in mediating cost-effective solutions. Street tree species shall be selected from the City's published list of recommended street trees. Street trees shall be pruned to a height of eight (8) feet minimum over sidewalks and twelve (12) feet minimum over streets, to allow free passage along the sidewalk. In commercial and mixed-use areas. street tree types and locations should allow for visibility of businesses and business signage. Section 13.4. Building Landscaoing Standards Building base landscaping shall be provided at the base of all building elevations that do not directly abut planted hardscapes to soften the architectural lines of buildings. frame the primary views to buildings and public spaces, and blend architectural designs with the landscape. Building landscaping shall be designed to appropriately complement a building's use, setback, height. and architectural features. Window boxes for flowers and planters on front stoops and sidewalks are encouraged in areas where landscaping cannot be installed at the base of a building due to the building's proximity to a sidewalk, path, street, right-of-way or easement. Building base landscaping shall contain a minimum of 1 shade tree, 1 ornamental tree, and 9 shrubs per 100 linear feet of building perimeter. Shrubs, ornamental grasses, or other alternate landscaping techniques may be used to fulfill the building base landscaping requirements if approved by the Department. If building bas landscaping cannot be installed due to a building's proximity to a sidewalk. path, street, right-of-way, or easement then landscaping may be installed elsewhere on the site to fulfill the building base landscaping requirements. Appropriate alternate locations include, but are not limited to: interior courtyards, sidewalks (as additional street trees), parks, plazas, parking lots, alleys. etc. In addition, where facades abut the public right-of-way and/or sidewalks span the entire frontage, planting islands may be created within the right-of- way. Landscaping interior courtyards are encouraged within larger blocks. Deciduous trees should be planted in locations to the south and west of building to allow for shade in summer months and greater sun exposure in the winter months. Evergreen trees should be used as windbreaks to buffer northwest winds. 18 Section ] 3.5. Parking Lot Plantings. Where parking logs are visible from the public right-of-way, the following requirements will apply: 1. Lot interior. Minimum of one (1) shade tree per ten (10) parking spaces, with a minimum of four hundred square feet (400 SF) of useable soil volume being provided for each two (2) trees; 2. Lot Perimeter. A minimum five foot (5') wide perimeter planting strip shall be provided on all sides of lot (except where parking spaces abut curb-to-building sidewalk) including four (4) shade trees and twenty-five (25) shrubs and/or ornamental grasses per one hundred lineal feet (lOOLF) of strip. Walls or fences with a minimum height of forty-two inches (42") may be used in lieu of planting. Perimeter planting may occupy the same space as a required bufTeryard but may not be counted towards Perimeter Bufferyard Requirements. Section 13.6. Maintenance It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping in accordance with the Legacy Ordinance and best management practice standards. This is to include, but is not limited to, mowing, tree trimming, planting, maintenance contracting, irrigatIon and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 14. Lil!htinl!. Section 14.1. Commercial Lighting. All site lighting within the Office/Mixed Use Block, Village Core Use Block, and the Corner Retail Use Block shall comply with the standards of the Carmel Drive - Range Line Road Overlay Zone (Article 23F.12 of the Zoning Ordinance). All fixtures shall be downcast fixtures/90 degree cutoff. Section 14.2. Street lights shall be as depicted on Exhibit 16, and consistent throughout the Real Estate. Section 14.3. Street lights along all collector streets and within the Mixed Use Area shall be provided at regular intervals. Street lighting on residential streets shall be confined to the intersections and corners. Section 14.4. Lighting for permitted activities shall be permitted within the Open Space Area. Section 14.5. Lighting in the Mixed Use Area and parking lots shall be designed and maintained so that it is reduced to the minimum amount reasonably required for security purposes during the hours that retail establishments are not open for business. Section 15. Sims. 19 Section 15.1. Single-Family Area Signs. A. Unless variances are granted by the BZA, all signs shall meet the requirements of Article 25.7 of the Zoning Ordinance B. Typical residential signs depicted on Exhibit 17, which is attached hereto and incorporated herein by reference. Section 15.2. Commercial Signs. All signs shall meet the requirements of Section 25.7 of the Zoning Ordinance. Section 16. Parkine:. Section 16.1. Parking. The minimum number of parking spaces to be provided shall be computed as follows: A. One and one-half (1.5) spaces per Dwelling. The areas within driveways and. garages shall count toward this requirement; B. Four (4) spaces per one thousand (1,000) square feet of retail floor space; and; C. Except as provided in Section 16.1 (D) below, the rules set forth in Section 27.01 through 27.04 of the Zoning Ordinance shall apply in computing the number of required parking spaces, and in determining the location and construction thereof; and D. Off-street parking areas for two (2) or more different uses may be provided collectively as one parking area so long as the total number of spaces provided is not less than the total of the minimum required spaces for each individual use. Combined parking shall be designed and constructed so as to create a desirable, efficient, and well planned off- street parking area with functional and aesthetic value, attractiveness and compatibility with adjacent land uses. Sharing of off-street parking areas is permitted where it is proved that two (2) adjacent buildings have uses that require parking at complementary times of the day or days of the week and, in these situations, the total number of spaces provided shall be less than the total of the minimum number of spaces required for each individual use. In addition, on-street parking spaces may, if available and adjacent to the lot of the use, be counted as part of the total parking spaces required by this Section 16.1(D). Section 16.2. On-Street Parking. Each parking space shall be a minimum of eighteen (18) feet in length. Section 16.3. Loading and Service Areas. 20 A. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear or side of buildings. B. 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 butTering 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 17. Maximum Unit Limitations. Section 17.1. Gross Residential Density. The total number of Detached Dwellings, Attached Dwellings, Apartments, and CCRC Dwellings which are not part of the primary CCRC Multi Unit Building shall not exceed one thousand three hundred sixty (1,360). CCRC Dwellings, located within the primary CCRC Multi Unit Building, Lofts, Accessory Structures and Beds and Breakfasts shall be in addition to and not counted toward the 1,360 permitted Dwellings. Section 17.2. Maximum Apartments. Without the approval of the Commission, there shall be no more than Three Hundred (300) Apartments. Section 17.3. Maximum Attached Dwellings. Without the approval of the Plan Commission, there shall be no more than 500 Attached Dwellings. Section 18. Homeowners Association and Declaration of Covenants. Section 18.1. Declaration of Covenants and Homeowners Association. A Declaration of Covenants shall be recorded which shall also contain various provisions regarding the Real Estate, including provisions for an initiation fee, a budget requirement to fund general reserves, the use of the Real Estate, and improvement approval requirements after initial construction. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. At the discretion of the Developer, individual Associations may be established within each district, each required to be a member of the overall Master Association. There may be multiple Declarations of Covenants and Associations. Section 19. Approval Process. Section 19.1. Approval or Denial of the Concept Plan / Primary Plat and Final Development Plan. 21 . A. With respect to any portion of the Legacy District other than the areas on which lots are developed for Detached Dwellings, the platting into smaller sections shall be permitted, but shall not be required in order to divide the Real Estate into smaller areas for purposes of conveying title. B. Primary and secondary platting shall be required with respect to any portion of the Legacy District on which lots are developed for Detached Dwellings. Where lots are shown on the Concept Plan, the Concept Plan shall constitute the primary plat, and no further primary plat approval shall be required. All secondary plats for any portion of the Legacy District shall be approved administratively by the Department, and shall not require a public hearing before the Plan Commission, so long as the proposed secondary plat substantially conforms with the corresponding approved primary plat. B. No ADLS approval shall be required with respect to Detached Dwellings and their associated Accessory Dwellings, Accessory Structures, landscaping, lighting, and signage. All other buildings and associated parking, landscaping, lighting and signage in the Mixed Use Area shall require DP/ADLS approval by the Commission. If there is a Substantial Alteration in the approved DP/ ADLS, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. C. Final Development Plan approval for the Real Estate is required per the procedure set forth below in this Section 19. If there is a Substantial Alteration in the approved development plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations and Material Alterations may be approved by the Director. D. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Final Development Plans/Secondary Plats (collectively, the "FDP") for Legacy District; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the FDP that is in substantial conformance with corresponding approved development plan/primary plat and is in conformance with the Development Requirements of this Legacy Ordinance. If the Director disapproves any FDP, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission. 22 E. An amendment to the FDP, which is not determined by the Director to be a substantial or material alteration from the corresponding approved development plan/primary plat, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved development plan/primary plat and any proposed FDP, the Director may, at the Director's discretion, refer the amended FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. F. Any FDP shall be a specific plan for the development, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information. Section 19.2. Modification of Development Requirements. A. The Commission may, upon petition of the Controlling Developer, modify any requirements specified in this Legacy Ordinance. B. 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 Rwes of Procedure. However, any decision of a hearing examiner or committee which denies any requested modification may be appealed by the party requesting approval to the Commission, also in accordance with the Commission's Rules of Procedure. C. Any proposed modification of the Development Requirements shall comply with the following guidelines: 1. The modification shall be in harmony with the purpose and intent of this Legacy Ordinance. 2. The modification shall not have an adverse impact on the physical, visual, or spatial characteristics of the Legacy District. 3. The modification shall not have an adverse impact on the streetscape and neighborhood. 4. The modification shall not result in configurations of lots or street systems which shall be unreasonable or detract materially from the appearance of the Legacy District. 23 5. The minimum lot size of any lot to be created shall not be reduced below the requirements of this Legacy Ordinance. D. When applying the Development Requirements 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 Legacy Ordinance. B. 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 Legacy 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 Legacy Ordinance. Section 20. Controlline: D.eveloper's Consent. Without the consent of the Controlling Developer, no other Developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any signs within the Real Estate; C. Building permits for any buildings within the Real Estate; D. DP, ADLS, or primary or secondary plat approval for any part of the Real Estate; and E. Any text amendments or other variations to the terms and conditions of this Legacy Ordinance. Section 21. River Developable Parcel. Notwithstanding anything in this Legacy Ordinance to the contrary, the River Developable Parcel shall remain zoned S-1 (Residential) under the Zoning Ordinance, and the use and development of the River Developable Parcel shall be governed by the S-1 (Residential) classification of the Zoning Ordinance, and not by this Legacy Ordinance. Section 22. Violations. All violations of this Legacy Ordinance shall be subject to Section 34.0 of the Zoning Ordinance. 24 PASSED by the Common Council of the City of Cannel, Indiana this , 2006, by a vote of ayes and nays. day of COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Richard L. Sharp, President Ronald E. Carter Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Kevin Kirby ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 25 Presented by me to the Mayor of the City of Carmel, Indiana the , 2006, at 0' clock .M. day of Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this , 2006, at 0' clock .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: H:\bradIZoning & Real Estate M8IlenIPLA TNM\Legacy (EarIham)IPUD Ordinance 091806.doc 26 EXHIBIT 1 u Legal Description A part of the East Halfofthe Northeast Quarter of Section 22 and a part of Section 23, Township 18 North, Range 4 East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana described more particularly as follows: Commencing at the Northeast Corner of said Section 23 thence North 89 degrees 15 minutes 40 seconds West along the north line of the Northeast Quarter of said Section 23 a distance of 337.40 feet; thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the Point of Beginning being the southwest intersection of the rights-of-way for 1461h Street and River Road as described in Instrument No. 200100065741 in the Office of the Recorder of Hamilton County, Indiana, the following 12 courses along the westerly right-of-way of River Road per said Instrument No. 200100065741; (I) South 20 degrees 07 minutes 21 seconds West a distance of 92.91 feet; (2) South 69 degrees 52 minutes 38 seconds East a distance of 16.50 feet; (3) South 00 degrees 07 minutes 41 seconds West a distance of 195.81 feet to a point on a non- tangent curve to the right having a radius of688.98 feet, the radius point of which bears North 89 degrees 52 minutes 19 seconds West; (4) southerly along said curve an arc distance of 426.40 feet to a point which bears South 54 degrees 24 minutes 43 seconds East from said radius point; (5) South 35 degrees 35 minutes 17 seconds West a distance of 313.27 feet; (6) North 69 degrees 52 minutes 38 seconds West a distance of 16.50 feet; (7) South 20 degrees 07 minutes 28 seconds West a distance 0019.41 feet; (8) North 69 degrees 52 minutes 38 seconds West a distance of 16.50 feet to a point on a non-tangent curve to the left having a radius of 1574.80 feet, the radius point of which bears South 54 degrees 49 minutes 01 seconds East; (9) southwesterly along said curve an arc distance of 367.82 feet to a point which bears North 68 degrees 11 minutes 57 seconds West from said radius point; (10) South 21 degrees 48 minutes 03 seconds West a distance of 191. 51 feet; (11) South 15 degrees 18 minutes 16 seconds East a distance of 82.28 feet; (12) South 68 degrees 12 minutes 11 seconds East a distance of 16.50 feet to the physical centerline of River Road, the following 17 courses along the physical centerline of River Road; (I) South 21 degrees 14 minutes 47 U seconds West a distance of243.57 feet; (2) South 21 degrees 20 minutes 03 seconds West a distance of 151.74 feet; (3) South 23 degrees 01 minutes 40 seconds West a distance of99.76 feet; (4) South 24 degrees 29 minutes 46 seconds West a distance of 51.87 feet to a point on a non-tangent curve to the right having a radius of 397.42 feet, the radius point of which bears North 66 degrees 03 minutes 44 seconds West; (5) southwesterly along said curve an arc distance of 191.02 feet to a point which bears South 38 degrees 31 minutes 23 seconds East from said radius point; (6) South 52 degrees 56 minutes 19 seconds West a distance of 64.43 feet; (7) South 56 degrees 48 minutes 58 seconds West a distance of 84.84 feet; (8) South 58 degrees 29 minutes 55 seconds West a distance of 204.22 feet; (9) South 59 degrees 38 minutes 13 seconds West a distance of213.74 feet; (10) South 59 degrees 38 minutes 43 seconds West a distance of 416.86 feet; (II) South 59 degrees 26 minutes 13 seconds West a distance of21O.95 feet; (12) South 59 degrees 08 minutes 15 seconds West a distance of205.20 feet to a point on a non-tangent curve to the left having a radius of 1427.15 feet, the radius point of which bears South 29 degrees 09 minutes 29 seconds East; (13) southwesterly along said curve an arc distance of 338.21 feet to a point which bears North 42 degrees 44 minutes 11 seconds West from said radius point; (14) South 47 degrees 13 minutes 52 seconds West a distance of257.68 feet; (15) South 47 degrees 01 minutes 38 seconds West a distance of316.41 feet; (16) South 46 degrees 58 minutes 46 seconds West a distance of 613.46 feet to a point on a tangent curve to the left having a radius of 1232.86 feet, the radius point of which bears South 43 degrees 01 minutes 14 seconds East; (17) southwesterly along said curve an arc distance of 153.01 feet to a point which bears North 50 degrees 07 minutes 52 seconds West from said radius point; thence North 00 degrees 53 minutes 16 seconds West along the southerly extension of the Carmel Clay School's land described in Instrument No. 9609651829 in the Office of the Recorder, Hamilton County, Indiana a distance of 78.51 feet to the south corner of said land being a point on a non-tangent curve to the right having a radius of 1285.49 feet, the radius point of which bears South 47 degrees 28 minutes 47 seconds East; thence northeasterly along said curve and the east line of said land an arc distance of 100.05 feet to a point which bears North 43 degrees 01 minutes 14 seconds West from said radius point; thence continuing North 46 degrees 58 minutes 46 seconds East along said east line a distance of 613.46 o feet to the northeast corner of said land; thence North 89 degrees 45 minutes 37 seconds West along the north line of said land a distance of2114.73 feet to the west line of the Southwest Quarter of said Section 23; thence North 00 degrees 19 minutes 58 seconds East along said west line a distance of 1112.50 feet to the Northwest Corner of u said Southwest Quarter also the Southeast Comer of the East Half of the Northeast Quarter of Section 22; thence South 89 degrees 39 minutes 16 seconds West along the south line of said East Half a distance of 1321.00 feet to the Southwest Comer of said East Half; thence North 00 degrees 02 minutes 32 seconds West along the west line of said East HaIfa distance of2610.79 feet to the southerly right-of-way of 146lh Street, the remaining courses along said right-of-way; thence South 84 degrees 48 minutes 27 seconds East a distance of 396.84 feet; thence South 88 degrees 44 minutes 54 seconds East a distance of 411.89 feet; thence North 86 degrees 49 minutes 33 seconds East a distance of 200.04 feet; thence South 89 degrees 52 minutes 33 seconds East a distance of 295.28 feet; thence South 83 degrees 58 minutes 30 seconds East a distance of 230.15 feet; thence North 87 degrees 45 minutes 46 seconds East a distance of 197.10 feet; thence South 89 degrees 22 minutes 30 seconds East a distance of 1246.72 feet; thence South 88 degrees 10 minutes 19 seconds East a distance of 458.39 feet; thence South 85 degrees 17 minutes 03 seconds East a distance of 696.40 feet; thence South 89 degrees 15 minutes 53 seconds East a distance of2161.67 feet to the Point of Beginning, containing 413.414 acres, more or less. Also, A part of Section 23 and Section 24, Township 18 North, Range 4 East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana, described more particularly as follows: Commencing at the northeast comer of said Section 23 thence North 89 degrees 15 minutes 40 secondsWest (assumed bearing) along the north line of the Northeast Quarter of said Section 23 a distance of 337.40 feet; thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the southwest intersection of the rights-of-way of 146th Street and River Road as described in Instrument No. 200100065741 in the Office of the Recorder of Hamilton County, Indiana; thence South 86 degrees 23 minutes 21 seconds East a distance of 130.67 feet to the Point of Beginning being the southeast intersection of said rights-of-way for 146lh Street and River Road (the following eight courses being along the southerly right-of-way of 146lh Street per said Instrument No. 200100065741); (1) thence South 89 degrees 15 minutes 53 seconds East a distance of 423.63 feet to a point on a non-tangent curve to the left having a radius of 6650.26 feet, the radius point of which bears North 00 degrees 44 ( " minutes 08 seconds East; (2) thence easterly along said curve an arc distance of 596.98 feet to a point which bears ~ South 04 degrees 24 minutes 28 seconds East from said radius point; (3) thence North 81 degrees 27 minutes 58 seconds East a distance of 136.79 feet to a point on a non-tangent curve to the right having a radius of 6482.94 feet, the radius point of which bears South 04 degrees 24 minutes 29 seconds East; (4) thence easterly along said curve an arc distance of 556.05 feet to a point which bears North 00 degrees 30 minutes 23 seconds East from said radius point; (5) thence South 89 degrees 29 minutes 37 seconds East a distance of 126.94 feet; (6) thence South 86 degrees 38 minutes 21 seconds East a distance of 558.90 feet; (7) thence North 84 degrees 36 minutes 40 seconds East a distance of 110.62 feet; (8) thence North 89 degrees 25 minutes 33 seconds East a distance of 238.80 feet; thence continuing on the easterly extension of said right-of-way North 89 degrees 25 minutes 33 seconds East a distance of 115.74 feet to the middle of White River (the following two courses being along the middle of White River); (I) thence South 03 degrees 25 minutes 34 seconds West a distance of868.05 feet; (2) thence South 17 degrees 02 minutes 49 seconds West a distance of 564.64 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 3212.80 feet to the easterly right-of-way of River Road per said Instrument No. 200100065741 being a point on a non-tangent curve to the right having a radius of 1443.57 feet, the radius point of which bears South 66 degrees 45 minutes 59 seconds East (the following five courses being along said easterly right of way); (1) thence northeasterly along said curve an arc distance of311.27 feet to a point which bears North 54 degrees 24 minutes 43 seconds West from said radius point; (2) thence North 35 degrees 35 minutes 17 seconds East a distance of 426.04 feet to a point on a tangent curve to the left having a radius of 820.21 feet, the radius point of which bears North 54 degrees 24 minutes 43 seconds West; (3) thence northerly along said curve an arc distance of 507.62 feet to a point which bears South 89 degrees 52 minutes 19 seconds East from said radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance of258.32 feet; (5) thence North 34 degrees 37 minutes 42 seconds East a distance of27.30 feet to the Point of Beginning, containing 95.82 acres, more or less. Total area containing 509.234 acres more or less. o o '~l 146TH STREET '<--J UUu' ......t L....JL.J LJU '----- A lUL--J l I . , S1 (per Carmel Ordinance) Detached and Attached Residential / , / /' / /' , ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' /' . , . . / / . , / , . / , , / , , LEGEND (Use Blocks): Detached Residential Office/Mixed-Use / / , ,/' , Attached Residential Village Core Comer Retail / ;' Open Space ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' .,/' /.' /,' ~...... '" .. . ,/ ,/' / .. ..""..... ,/ , /' ,,,/ ....-..---..-....-........................... ,.......- --..- ...........- ..--' -,.- p. ..------- /.- ~E. R\\Je _------.._ ./' \jIl\'\~ .---------- "-..-.. -----'- .".' .................. -....-----.. .-- -' , , ~---I , , ) l/'" -,- _.- ..- ,/' ,/' THE LEGACY Exhibit : Concept Plan 300 600 1200 o 0.. -/ '------ , '---.J I 146TH STREET .---.J LJLJLJ' rVl L-.JL....J UV L A RlL-.Jl , . I , . J ~ Existing Multi-Purpose Path Proposed Primary Multi-Purpose Path Proposed Primary Sidewalk Proposed Primary Walking Path / , / , / , ,/ ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' /' . , I , , I I , , , , I I , / , I , , , , I / , , , , / , , B LEGEND: ~ ,,,,' /' , ",' ,/ , /' ,,/ ' _..- ~ ,.",., ,....e. ~\,,€ - - - - -' - - - -'. -" ,'" 'J'l-r;\\ ,.-..-.- -"_ ",' ,-' - "", ,/"" ......-.....--........ _..-- ....-.. .....-.... ...-....... -" -' -.' / , , ,/ , ,/ / ,/' ,,,/ ,,/' ,/' ,/" ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' .-' -' .' -....- ..-.... ..- ,- ~---I , , ,) /",' ....-.. .- .-' --..-.. ,,,,' ./ """ Exhibit Bicycle and Pedestrian Plan ~ o 300 600 1200 m NORlli THE LEGACY 0: E B m NORTH --I . . -) ",-- ",- THE LEGACY ~ "----- 146TH STREET .\.....--..-J L-.JLJu' .vl . L....JL.....J UV '---- A. N'--------J l , L-..J I e I . . - LEGEND: Primary Passive Recreation Open Space Primary Active Recreation Open Space I , , / / , , / / , , , , / / , , / , ;' , -' ",;,- -' -' ..-....- ,I ,;' /' , / , / , ,/ ,,,,-' ,/' ,/' ,/' ,,,,-' ,/' ,/' ,/' _/' ,/- ,/' ..../' / , / , , ,/ ,/' ,,,,-' ,/' ,/' ,/' ,/' ,/' _/- ,/' ,/' ,/' /' ----.....- .....--..-..--....-.... ....-.....-.... -,,- G?- -..-- ",-" G~\"Y _..-. ,- ,~Ir\\1y ..-"-'- .-..- ,,- ,.../ ".. ..,....-..-- .....-....-....-..---..-..-- -",- ..-- ..,.... ,- " ,- .-' ~ 300 600 1200 Exhibit . Open Space Plan ,..-- ,/' ,/' - ..- /' ,,/ ...,.,..../ "".",..., c ...J '----- , -----.J I 146TH STREET ,~ L...JI.-JLJ\ IVl L-J L....J UV \.. A J\J~l LEGEND: e Natural Prairie Steep Slopes Primary Hydrology (Natural and Man-Made Systems) Proposed Wet Detention Basins Existing Vegetation (Primary Conservation) --I , , ) ",' '" m NORlH THE LEGACY Exhibit . Environmental Systems Plan ~ o 300 600 1200 rn NORlli THE LEGACY .. . . I . . I , , I , , I , , I LEGEND: , , , , / / , , , , Existing Primary Thoroughfare Proposed Primary Thoroughfare Proposed Primary Point of Connectivity Proposed Secondary Point of Connectivity Proposed Tertiary Point of Connectivity / , /' / , , ,I / / / , / , ,./ ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' -' / , , / , , / CHERRY CREEK BOULEVARD EXTENDED / / , ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' ,/' -' , , ~ --, , , ) ......-....-........... ..---- ........... "",," ...-.....-.. .........................-------..--.... ,./,- ~NE.~ ,;,,; .~1r\\1E. _' _.._" - - - - -' - "-"-" _" .- ,. ~"t ,,-r _........... _------'" ,; '.-" " .- .-' -' ; ,.".... ,.- ,;,';"; ,;' ,/' ,/' /' ; ;" ;' / ,,/' Street Plan ~ o 3DO 6DO 1200 Exhibit , ,...,.....""'-,~.< - .<,- I >". 7"" "0,,,. "v:"J_.~^ "'._,." ". ~'" ' ~~., .","""", ." v_" ~. -." ''!'', " """'^ "",.~,, .H..',r.>='- [\ ~ (~V' ~~. ~. 'LJ J <;> > lJ) tl' 3 ~ . ~. ~ ~ :Fs ( ". ./ 13' Travel 5'-6" Nature 4' Sidewalk Strip Housing 6" 13' Travel 2' Curb and Gutter 50' ROW ( Type "A") Street Types: Type A 30' BB With 5' -6" Nature Strip Type B 28' BB With 6' -6" Nature Strip Type C 26' BB With 7' -6" Nature Strip \. ~ The Legacy . j StreetTvpes A,B &: C,WithPavement Section-l PiUllI11ll J'UtIHH$.4Ji Pl,Hhllm l'tIl'JI'e'tth.$ )~~ t. ~ \J~ 2- f {~ ( il\ ') V · ~. c:> -~ N V\r-J tJ. 5' -6" Nature Strip 4' Sidewalk 2' Curb and Gutter 6" Housing I I I DESIGNWORKSHOP 120 E. Main Street Aspen, CO 81611 (970) 925-8354 o 2' 6" S' 1ft= 5'-00" 10' 0 ,./'~ C S~~ I ~. t. ; rJ" "'~ ~ .~ \ J \/0. ~. ';) ~t. \'f~") '?.J' ~ ~ W "\ (' It. ~ c Mixed Use 16' Sidewalk 16' Sidewalk 17' Angle Parking 10' Travel 10' Travel 2' Curb and Gutter 2' Curb and Gutter 90' ROW ) Mixed Use I I I DESIGNWORKSHOP 120 E. Main Street Aspen. CO 81611 (97()) 925-8354 o 5' 1"=10'-00" 10' 20' 1\ \ .-/ I \ ~ I. I L____ .. ~.~f- ~'--- ~ . ^ ^~ N Iv..... \,. ~V ~ tv Sidewalk or Asphalt Path Depending on Location Sidewalk or Asphalt Path Depending on Location 2' Curb and Gutter lO'Travel 10' Travel Common Area Common Area 2' Curb and Gutter 24' ROW ,,;,.:c..."'/.<,.c>:..;';H<i'".'...'.. , i';;;:':.i"it~,j!?~!" i'!;Hiit~ ' nS"";,:,',>;",>'/,":>'.:,"!r:,,(.T,.,', i;)'::.\","'" ..--- ....__.~ . . ..- ..._M .--....-- -.- ._,-- ...- .hM....__...:. .--..- ..... _u.. ,-.' .-----...- --------l , The Legacy - Street Type E, With Pavement Section 1 <, Main: North I South Road Thtou <hWoodlands fi ttlllllll fUU<:H UI4. Jlllltilluln Jlrlil,u.ti-fll g" DESIGNWORKSHOP 120 E. Main Street Aspen, CO 81611 (970) 925-8354 I I I o 2' 6" 5' 1u= 5'-00. 10' '\ J ^,}~'1.-v~ fW or. \IV t. rr... ~ ? "$" ~ ~ · f ~ .fv)~ce- (; \ . ~0~ ) '"\ '-1 2 s ~.~. 'V "'? ~ If? . ~ "\..t "" L....--;! Sidewalk or Asphalt Path Depending on Location Common Area Housing 6" 13' Travel 13' Travel 10' Nature Strip 6" 2' Curb and Gutter 2' Curb and Gutter 45' ROW Street Types: Type F Type G Type H 40.5' ROW, 30' BB wi 5'-6" Nature Strip 39.5' ROW, 28' BB wi 6'-6" Nature Strip 38.5' ROW, 26' BB wi 7' -6" Nature Strip .. . " '>-'-">>'ii>fl.:;;E4i:'.'" "...... '~.;>"..:',:;..;_...., ::,.:'it1-:'; ,I . I JI I L__ . the Legacy - . StreetTypeF;-G &: It, With Pavem-ent Section 1 ,.~Housing.". ,FacinoOnto Natural 'Landscape ~illllUll P'llrhit ., PhthulII ~ i>fHei . I I I DESIGNWORKSHOP 120 E. Main Street Aspen, CO 81611 (970) 925.8354 , I o 2'6" 5' 10,= 5'-00" 10' c \ ~ '~~-'- ." 7 '''' Ill' . . .Ii' ....:i \ J DESIGNWORKSHOP 120 E. Main Street Aspen, CO 81611 (970) 925-8354 6' Setback Utility Easement 18' Travel 6' Setback Utility Easement 18' Private ROW, Access and Utility Easements , P/L P/L ';"'i; "",'S;' TheI,egacy=-StteeiTypeI, With Pavement section 3 I !y.p~~~.~~Y...9r.~,~~ . Section I I I o 2' 6" 5' 1"= 5'-00. 10' '" J v~-' r '"'\.,~ [' .~~ fw ~ ltr .~ f' ~ t.(.~. . '':';.\ ('-21.2 ('- 7.1'2 (Y rt" 6 (Y ~. ~ J {J r .<- 1 J (I,t · J'I"",;.r ~ :) tV · ~ ~. 'r' ~ "" ~., ~ ~ S.\I~ J .~ ") s"\! ~ \ ~J'~ ~ ~ ~1 ~ -.J. ~ ""'1 ~\t~ ...j\'t{. ~ ~ .~ C : r{\ "~VV . ~ J . , .. . 5'-6" Nature Strip 5'-80' Flexible Common Area 18' Travel 18' Travel l 6" 10' Asphalt Path 2' Shoulder 2' Curb and Gutter 2' Shoulder 1 l 38' ROW --'\ J I I I {lL...v CVtf' 'Z ~t. 1 t N~. ~ tv. ~J V\; "''1, 1 4' -6'" Nature Strip 2' Curb and Gutter 5' Sidewalk 6~ 32' ROW DESIGNWORKSHOP 120 E. Main Street Aspen, CO 81611 (970) 925-8354 o 5' 10' 20' 1"=10'-00. ~ ~ v~} r '~'\J' l' 't~ tw ~ l~ .~ f' !lJ l.(.:-.~'~t \ J 5'-6" Nature Strip 4' Sidewalk 1 6" 30' ROW 2' Curb and Gutter S"\I") ~ .~ ~ S"\!.fJ ~ ~J'~ 'V) ~ ~'r ~ J, ~ <.>.. 'r L'k~~ · -11* ~ :rf' ~ .'-J) C : r(\ "~ VV 2' Shoulder t (tv"2 (t v"2 (V rJ"" 6 (V rY' ~ J (J r ,~ ; :) (\". J't'r!;.r~ ) flI. ~~. \f'I ~l' ~ ~ . , ~ . 5' -40' Flexible Common Area {C'Le..~ cz./tf. 'l ~J' 1 t w~. ~ v-. ~J ~ "''1. ) 5' -6'" Nature 16' Travel Strip 2' Shoulder 1 2' Curb and Gutter 4' Sidewalk 6J 30' ROW \ J The Legacy ~ StreetTypeook,WithPavement Section 1 ." Tvnical Cross 'Section Throug<h Divided'Street , . J till; p u tll It II 1111 jl' PIli ti lllJ III P to I'i: H hs . ., . I I I o 5' 10' 1"=10'-00- DESIGNWORKSHOP 120 E. Main Street Aspen, CO 81611 (970) 925-8354 20' ~ / ~ ("z}-'L (" v"2 (Y rJ'* 6 (y "'" * 'd J ~ {# ~ (.H 1 5-- 1 j l\,t · J'I'",;r~ J 1\1- ~~* \f'J ~ ," 'Y"" ~ S.\I~ J .~ ") S"\I ~ \ )J"~ ") ~ ~~ ) J. ~ "'" ~ ~\t~ · >J\'ri ~ ~ -tJ) C : r(\ ".~ V\I \ Sidewalk or Asphalt Path Depending On J Location Common Area - , 16' Travel 5' -40' Flexible Common Area 6" 2' Shoulder 2' Curb and Gutter 2' Shoulder 1 20' -6" ROW c..Cl-,..v ~tf. '! ~J' 1 r w~. '; v-. ~J V\, "''1. ] 5' -6'" Nature 16' Travel Strip 2' Curb and Gutter 4' Sidewalk 6J 30' ROW . . . ......-. ~ . . ~ ~ .. ~, . - . - " . - >> The Legacy - StreetType L, With Pavement Section 1 ; Q!!i~~~.~!!.~~t~~j~cent to Natural Landscape DESIGNWORKSHOP 120 E. Main Street Aspen, CO 81611 (970) 925-8354 I I I o 5' 10' 1"=10'-00" 20' o 1. 2. 3. 4. 5. 6. 7. 0 8. '-.) The Legacy Street Standards The following standards shall apply to The Legacy: Pavement sections shall be as shown on the following sheet. Roadways and pedestrian walks & paths, both public and private, are permitted within the "Open Spaces" at Developer's discretion. Utilities, irrigation systems, signage, lighting and similar infrastructure may be located within the public rights-of-way at Developer's discretion. The minimum horizontal centerline radius for public streets shall be no less than 100 feet. The minimum cul-de-sac radius to back of curb for public streets shall be no less than 38 feet. The maximum length of a cul-de-sac street shall not exceed 750 feet. Concrete sidewalks shall be a minimum of four (4) feet wide, 4 inches thick, placed on grade. Pedestrian asphalt paths shall have a pavement section consisting of 110 lbs/sy of#11 bituminous surface placed over 200 lbs/sy of#8 bituminous binder placed over 5" of compacted #53 aggregate base to a width at Developer's discretion. 9. Concrete infrastructure cure time shall be at Developer's discretion. 10. Placement of asphalt pavement during cold weather conditions shall be in accordance with INDOT specifications. Q THE LEGACY PAVEMENT SECTIONS 1.5" H.A.C. SURFACE #11 2" H.A.C. BINDER #8 3" H.A.C. BASE #50 :;.~.ttl~J::1::~t~~~~:p::; 7" COMPACTED #53 STONE .' ,-". "..' . '(/,('-(/$,('-(/ $ $ COMPACTED SUBGRADE :tc. ft~;'~~:~~::'~f::.~:rf:;p; '.' . . .:.~ :. .Y . :;. '~.:".' '(/ ,<</ ,<</ $ ,('-(/ ,<</ OR C]..-... .. A..' ..' A"I>". :'.: . "....:.. '" . . .,' " '(/..<~/..<~ ,('-(/,('-(/..<~ PAVEMENT SECTION #1 NOT - TO-SCALE 1.5" H.A.C. SURFACE #11 2" H.A.C. BINDER #8 3" H.A.C. BASE #5D g" COMPACTED STONE BASE 7" - #53 STONE 2" - #2 STONE COMPACTED SUBGRADE OR C]-.. '. .6. .. .' ", . .~ '. ,,: . . ~ : ". .1> :'. . . ,. . ~ . . '(/..<~/..<~..<~,('-(/..<~/ PAVEMENT SECTION #2 NOT - TO-SCALE 1" H.A.C. SURFACE #11 3.5" H.A.C. BINDER #8 :I:..tf~:>t.~.{tn:/~: 8" COMPACTED #53 STONE . .: .', ," ,"/ . ~. .;. ........ . '(/"<V$,('</,<</..<~/ COMPACTED SUB GRADE 6" PLAIN CONCRETE COMPACTED SUBGRADE 6" PLAIN CONCRETE COMPACTED SUBGRADE ...... OR I: .~.. : ..:'~.. >1 6" PlAIN CON"'''' . ~ '.. : .. . . ., . " '(/ ,('</,('-(/ ,('</ ,('</ ,<</ COMPACTED SUBGRADE PAVEMENT SECTION #3 NOT-TO-SCALE EXHIBIT DEVELOPMENT STANDARDS - DETACHED RESIDENTIAL DWELLINGS Minimum Lot Minimum Minimum Minimum Minimum Side Minimum Maximum Minimum width at LotIParcel Size LotIParcel Front Yard Yard SetbaclC Rear Yard Building Square Building Line Frontage at Setback Setback Height Footage3 Street 90 ft. 12,000 sf 40 ft. 25 ft. Oft 20 ft 35 ft 2400 sf 80 ft. 8000 sf 40 ft. 25 ft. Oft 20 ft 35 ft 2200 sf 100 ft 14000 sf 40 ft 30 ft 20 ft 2400 sf 70 ft. 8400 sf 30 ft 25 ft 15 ft 1800 sf 60 ft. 7200 sf 30 ft 25 ft Oft 15 ft 35 ft 1600 ft 50 ft. 5000 sf 40 ft 10 ft Oft 15 ft 35 ft 1600 sf Front-Accessed 50 ft. 2625 sf 35 ft 10 ftl Oft Oft 35 ft 1400 sf Alley-Accessed 40 ft. 2625 sf 35 ft 10 ftl Oft Oft 35 ft 1400 sf Alley-Accessed 1 A build-ta-line may replace the setback line 2(i) 6 ft. minimum separation between Detached Dwellings is required (ll) IS ft. minimum separation between Attached Dwellings is required (ill) 15 ft. minimum separation between Apartment Buildings is required 3Exclusive of porches, terraces, and garages H:\bradlZoning & Real Estate MattcrsIPLATNM\EarlhamlDcvelopmcnt Standards -Combined.doc 92106 C: / .\ c c; u u u EXHIBIT Architectural Standards - Detached Dwelline:s I. Buildine: Walls. A. Attached hereto and incorporated herein by reference as Exhibit 6, are images, renderings and elevations, depicting the character of Detached Dwellings, to be constructed upon the Real Estate. B. A minimum of two (2) materials shall be used for Building exteriors within the Single-Family Area, from the following list: brick, cast stone, stone, cement fiberboard, stucco, glass, wood, and vinyl windows and/or the equivalents thereof for all of the foregoing. Vinyl siding shall only be permitted for shake-style accent areas. c. Building walls in the same plan may be built of no more than three (3) materials and may change material along a horizontal line, with the heavier material below the lighter material. D. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least four (4) inches wide. E. Identical house elevations and fal;ade colors may not be located directly next to or across from each other. Alternate elevations may be required to minimize monotones or repeated streetscapes. F. Detached Dwellings with either (i) brick on at least fifty percent (50%) of the area of the front f~ade (windows, doors, garage doors, accompanying frames and any other opening are excluded from calculations of the area) or (ii) a covered front porch, with railings, of at least eight feet in width and four feet in depth, shall have at least two (2) of the following architectural design features. Residences with neither (i) fifty (50) percent brick on the area of the front facade (windows, doors, garage doors, accompanying frames and any other opening are excluded from calculations of the area) nor (ii) a front porch of the preceding dimensions shall have a combination of four (4) or more of the following features. 1. A reverse gable peak; 2. A covered front porch, with railings on front and side, of at least eight (8) feet in width and four (4) feet in depth; 3. A thirty-two (32) inch brick or stone plinth with water table on all sides; u u u 4. Architectural treatment on gable ends; 5. Two separate overhead garage doors for each two (2) car garage, and three (3) separate overhead garage doors for each three (3) car garage; 6. Covered front stoop/steps with pathway leading from sidewalk or driveway; 7. A bay-window on the front elevation; 8. Architecturally treated entranceways for residences without a front porch; 9. Garage doors containing windows of high standard and quality; 10. Overhang or soffit of at least eight (8) inches from exterior walls; 11. Transom windows; 12. A verandalbalcony; 13. Two or more roof planes; 14. A brick accent area of at least twenty-five (25) percent of the area of the front elevation (windows, doors, garage doors, accompanying frames and any other openings are excluded from calculations of the area); 15. At least two (2) dormers; 16. At least two (2) feet of relief at two (2) or more points along the front facade elevation, excluding relief for doors and windows and garage; 17. Side-loaded garages; and 18. Decorative shutters; II. Chimnevs. A. All chimneys located on the exterior of Detached Dwellings shall extend from the ground to above the eaves and shall have masonry as their exterior building material. All chimneys which protrude from inside the residences shall have hardi-plank and/or EIFS as their exterior building material(s). B. No exposed fireplace chimney pipes are allowed. o o w III. Windows and Doors. A. All doors shall be framed. B. All windows shall be framed with a minimum of 1 x 4 trim wrap. C. There shall be a minimum of two (2) windows per each occupiable floor on each elevation, excluding gables, unless the elevation is one-and-a-half stories, in which case it will be a requirement to put windows on gables. Windows on garages shall also count toward this requirement. For example: If a residence has two windows on the side elevation of a garage, those windows shall count toward the minimum number of windows required on the side elevation. IV. Porches. A. A front porch shall be allowed on each Detached Dwelling and shall be consistent in material and architectural design with that of the residence itself. B. Columns shall be stylistically consistent with the architecture of the pnmary structure. C. Porch posts, columns, and/or supports will be decorative in design and will serve as structural support as necessary for the overall design of the residence. V. Garages. A. All Detached Dwellings shall have at least a two (2) car garage. The garage may be either a front-loaded garage, a side-loaded garage, or a rear-loaded garage. Any three (3) car driveway must taper to a maximum of sixteen (16) feet wide at the lot line. B. Side-load, courtyard, and rear-load garages will be permitted for Detached Dwellings. Front-load garages will be permitted for residences; provided, however, that the width of the garage door shall not exceed 30% of the length of the front elevation, including the garage doors. C. Side load or courtyard entry garages shall have at least two (2) windows located on the front elevation of the garage. VI. Roofs. A. The primary roof shall be at a pitch of 6 vertical to 12 horizontal (6: 12); provided however, that ancillary roofs may have a lesser pitch. B. Acceptable roofing materials include: architectural grade, dimensional fiberglass/asphalt shingles, tile, slate, artificial slate, and cedar shake. w C. D. Gutterboard overhangs shall be a minimum of twelve (12) inches. Gable fly rafter overhangs shall be a minimum of six (6) inches. w o H:\brad\Zoning Ik. Real Es1ate Matters\PLA TNM\EarIham\ExhibitslS . ArcbitectUJal Guidelines - Detached Dwelling.doc !r- Il' ~~ I I j EXHIBIT DEVELOPMENT STANDARDS - ATTACHED DWELLINGS Minimum Height of Minimum Floor Area Per Maximum Lot Coverage Minimum Front Yard Minimum Perimeter Minimum Distance Buildine;s Unit Yard Between Buildine;s Unlimited 1200 sf 70% 10 ft. Oft. 10 ft H:\brad\Zoning & Real Estate Matters\PLA TNM\Legacy (Earlham)\Exhibits\Development Standards - Combined.doc o o c.) . /, (.) (.) (.) " EXHIBIT Architectural Standards - Attached Dwellinl!:s and Apartinents. I. BuUdinl!: Walls. A. Attached hereto and incorporated herein by reference as Exhibit 8 are images, renderings and elevations depicting character of Attached Dwellings to be constructed upon the Real Estate. B. Attached hereto and incorporated herein by reference as Exhibit 9 are images, renderings, and elevations depicting the character of Apartments to be constructed upon the Real Estate. c. Front elevations should be clearly articulated through architectural details, changes in building materials, off sets in front building facades, and/or vertical design elements to accentuate the individual living units. D. A minimum of two (2) materials shall be used for Attached Dwelling exteriors from the following list: brick, cast stone, stone, cement fiberboard, stucco, glass, wood, and vinyl windows and/or the equivalents thereof for all the foregoing. Vinyl siding shall only be permitted for shake style accent areas. E. Building walls in the same plane may be built of no more than four materials and may change material along a horizontal line, with the heavier material below the lighter material. II. Windows and Doors. A. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. B. Windows and doors should be square or vertical in proportion. Transoms may be oriented horizontally with panes that match other opening configurations. C. Masonry row lock is required under all windows on the front elevation where a masonry material is the primary fayade material. D. All windows and doors shall be framed. III. Porches. A. Porches and stoops are permitted. u B. Columns shall be stylistically consistent with the architecture of the primary structure. C. Decks shall be located only in rear yards. IV. Garae:es. A. Each Attached Dwelling shall have a two car garage to accommodate required parking. Apartments are not required to have garages. B. Minimum garage bay depth shall be twenty (20) feet. V. Roofs. A. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt shingles, tile, slate and artificial slate. B. The minimum roof pitch shall be 5: 12 unless otherwise stated. C. Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch as long as they are not 20% of the total roof area and have a minimum pitch of 3:12. u D. Gutter board overhangs shall be a minimum of twelve (12) inches. E. Gable fly rafter overhangs shall be a minimum of six (6) inches. F. No exposed fireplace chimney pipes are allowed. U H:llmul\Zcming & Real Estate MattersIPLA TNM\EarlhamlExhibits\7 - Architectural Standards - Attached Dwellings.doc i/ "'~'R.'":~ 'r-i. M<.~ .. ~ 'l! " u "'" ... EXHIBIT DEVELOPMENT STANDARDS-APARTMENTS Minimum Height of Minimum Floor Area Per Maximum Lot Coverage Minimum Front Yard Minimum Perimeter Mimimum Distance Buildin2s Unit Yard Between Buildine:s Unlimited 750 sf 70% ft. Oft. 10 ft LEGEND ft = Feet sf= Square Feet H:\bradlZoning & Real Estate Matters\PLA TNM\EarlhamlExhibitslDevelopment Standards - Combined.doc o o o o o o EXHIBIT Architectural Standards - Attached Dwellinl!s and Apartments. I. BuUdinl! Walls. A. Attached hereto and incorporated herein by reference as Exhibit 8 are images, renderings and elevations depicting character of Attached Dwellings to be constructed upon the Real Estate. B. Attached hereto and incorporated herein by reference as Exhibit 9 are images, renderings, and elevations depicting the character of Apartments to be constructed upon the Real Estate. C. Front elevations should be clearly articulated through architectural details, changes in building materials, off sets in front building facades, and/or vertical design elements to accentuate the individual living units. D. A minimum of two (2) materials shall be used for Attached Dwelling exteriors from the following list: brick, cast stone, stone, cement fiberboard, stucco, glass, wood, and vinyl windows and/or the equivalents thereof for all the foregoing. Vinyl siding shall only be permitted for shake style accent areas. E. Building walls in the same plane may be built of no more than four materials and may change material along a horizontal line, with the heavier material below the lighter material. II. Windows and Doors. A. Wall openings shall be of traditional and classical proportions and shall be square or vertical in proportion. Openings may be ganged horizontally and/or vertically if separated by a mullion or structural support member that is at least 4" wide. B. Windows and doors should be square or vertical in proportion. Transoms may be oriented horizontally with panes that match other opening configurations. C. Masonry row lock is required under all windows on the front elevation where a masonry material is the primary fayade material. D. All windows and doors shall be framed. III. Porches. A. Porches and stoops are permitted. o o (.) B. Columns shall be stylistically consistent with the architecture of the primary structure. c. Decks shall be located only in rear yards. IV. Gara2cs. A. Each Attached Dwelling shall have a two car garage to accommodate required parking. Apartments are not required to have garages. B. Minimum garage bay depth shall be twenty (20) feet. V. Roofs. A. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt shingles, tile, slate and artificial slate. B. The minimum roof pitch shall be 5:12 unless otherwise stated. C. Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch as long as they are not 20% of the total roof area and have a minimum pitch of 3:12. D. Gutter board overhangs shall be a minimum of twelve (12) inches. E. Gable fly rafter overhangs shall be a minimum of six (6) inches. F. No exposed fireplace chimney pipes are allowed. H:lbradIZoning & Real Estate MattersIPLA TN M\Earlham\ExhibiIS\ 7 - Archile<:tw"aI Standards - Attached Dwellings.doc ,. ....... ----, EXHIBIT DEVELOPMENT STANDARDS - OFFICE AND RETAIL Minimum Minimum Minimum Minimum Minimum Minimum Maximum Minimum Minimum Maximum Lot/Parcel Lot Front Side Rear Lot width Building Building Square Parcel Area Frontage Yard Yard Yard at Height Height FootageI Coverage at Street Setback Setback Setback Building I Gross Line Floor Area Mixed Use nla 25 ft 10 ft Oft 5ft nla 60 ft 2 Stories 2500 sf nla Area Retail Mixed Use 5,000 sf 25 ft 10ft 5ft 5ft nla 60 ft 2 Stories 2500 sf nla Area Office l' ExclUSIve of Porches, Terraces, and Garages H:\brad\Zoning & Real Estate Matters\PLA TNM\Legacy (Earlham)\Exhibits\lO - Development Standards - Office & Retail. CCRC.doc C Ci C:' Q Q u EXHIBIT Architectural Desie:n Requirements ADPlicable to Office and Retail Development. I. Desie:n Catee:ories. In order to better identify the specific design intent for each one of the components of the commercial aspect of the Legacy District, these guidelines are divided into design categories associated with the different type of uses. The following is a list of such categories: A. Offices B. Retail C. Entertainment/Restaurants D. Exterior Materials E. Character Exhibits F. Amenities II. Office Areas. A. Purpose. The purpose of these Architectural Guidelines IS to establish the character, value, look, and style of the office buildings. B. General Requirements. Any building structure or use of land, when erected or enlarged, shall provide architectural elements within the following provisions of this section II. The builder shall submit to the Developer for review and approval all proposed building elevations with all exterior materials specified. C. Design Standards. All office buildings shall be in accordance with the following standards and specifications: I. A minimum of three (3) materials shall be used for building exteriors from the following list: stone, brick, architectural pre-cast (panels or detailing), structural concrete panels, exterior insulated finish system, architectural metal panels, glass, ornamental metal. Concrete block is not a permitted exterior finish material. 2. All buildings, except one-story buildings, shall be designed with a minimum of six (6) external comers, in order to eliminate monotonous, box-shaped buildings. 3. Any building with a sloped roof shall extend with "overhangs" a minimum of twelve (12) inches on all sides of the building. u u u 4. Any sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. 5. Any sloped roofs shall be clad with either standing-seam metal or dimensional "Shaped" asphalt/fiberglass shingles. 6. Building penthouses must be incorporated into the building fa~ade design, including exterior materials specifications. 7. Parking areas shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement, and connection to the District pedestrian pathway/walkway system. D. Office Above Retail. In addition to the requirements of the freestanding office, the offices above retail shall include the following: 1. A definable entry lobby accessible to parking. 2. Building facades of the upper floor office shall integrate with the retail shops. 3. The use of fenestration and balconies shall be maximized to draw attention to activity of the offices. III. Retail - ShODOio2. A. Retail and service-oriented shops shall enhance the Legacy District's identity and provide useful amenities to inhabitants and visitors alike. The presence of retail stores shall give a friendly appearance by creating variety and expanding the range of site activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. B. The design of retail shops shall give careful attention to detail at the storefront level, and include the following: 1. Appropriately scaled entryway features including windows, doors, portals, arcades, recesses, and overhanging projections. 2. Attention to appropriate signage and lighting. 3. Users shall be encouraged to have large quantities of transparency of storefronts and glazing, between piers, at a height varying from between 8 feet and 14 feet from grade, as determined in the Controlling Developer's discretion. Large expanses of blank walls shall be minimized. 2 Q 4. Display windows shall be carefully designed and maintained and shall include frames and base elements. 5. F~ade materials shall be aesthetically pleasing and compatible with materials and colors used throughout the retail area of the Mixed Use Area. C. Awnings or canopies above storefronts are necessary to protect shoppers from natural elements and will be encouraged throughout the Legacy District. D. All roof equipment must be screened from the pedestrian view. Sight line studies must be completed at all grade changes to insure equipment concealment. E. The parapet height for a one-story building shall be a minimum of 20' at the Primary Facades and a minimum of 18' at the Secondary Facades. F. Retail Canopy Construction. 1. A minimum of eight feet clear width shall be maintained from storefront line to inside face of canopy column. 2. A minimum of two feet from face of curb to outside face of canopy column shall be maintained. ,Q 3. A minimum ceiling height often feet shall be maintained. G. Retail-- Miscellaneous. 1. Outside storage, except for materials contained within garden area fences, is prohibited. 2. Openings to truck staging areas and loading docks shall be constructed perpendicular to adjacent public streets. They shall be obscured by a wall or enclosure measuring a minimum of six (6) feet in height or two (2) feet above the height of the structure being screened, whichever is greater. The exterior building materials of all such walls or enclosures shall be consistent with the exterior building materials of the primary building. Neither truck staging areas nor loading docks may be located in the front of any building. Gas meters, hearing and air conditioning units and electrical meters, along with all other mechanical equipment, shall also be screened from public view, wherever possible. All trash dumpsters shall be screened with building materials consistent with exterior building materials of the primary building and wood or metal gates. Q 3 u u u 3. Exterior exposed fire escapes, exposed service stairs or ladders, radio or television towers, and antennae or satellite receivers are not permitted unless expressly allowed by the Controlling Developer. 4. Drive-through services and windows are permitted for pharmacies, and drive-through services, windows, and A TM machines are permitted for financial institutions; provided, however, that all drive-through facilities and windows shall not be located on the building elevation adjacent to a public street, and shall be constructed of the same building materials as the primary structure to which it is connected. IV. Retail EntertainmentlRestaurants. V. A. Restaurants are an important component of the fabric of the Legacy District. They provide indoor as well as outdoor activity and generate a sense of place. B. Prototype identity for established restaurants shall be compatible with the rest of the Legacy District. Service areas and rear facades shall be properly designed to maintain visual quality. C. Outdoor seating areas and patios are permitted and shall be encouraged. D. Openings to truck staging areas and loading docks shall be constructed perpendicular to adjacent public streets. They shall be obscured by a wall or enclosure measuring a minimum of six (6) feet in height or two (2) feet above the height of the structure being screened, whichever is greater. The exterior building materials of all such walls or enclosures shall be consistent with the exterior building materials of the primary building. Neither truck staging areas nor loading docks may be located in the front of any building. Gas meters, hearing and air conditioning units and electrical meters, along with all other mechanical equipment, shall also be screened from public view, wherever possible. All trash dumpsters shall be screened with building materials consistent with exterior building materials of the primary building and wood or metal gates. E. Unusual exhaust and mechanical apparatus shall be carefully incorporated into the architecture of the buildings. F. As indicated in section IV, a maximum of only one (1) restaurant may utilize both a drive-through service and a menu board. Such drive-through window and menu board, however, shall not be located on the building elevation adjacent to a public street. G. All restaurants shall be permitted to provide carryout services. Materials and Exterior Duildin!: Finishes. All buildings shall be designed and constructed to follow a consistent architectural theme with building materials and colors. 4 u All exterior sides of the buildings shall be finished in approved materials and colors. The selection of materials for Mixed Vse Area of the Legacy District shall be evaluated based on their permanence, ability to withstand weather conditions and visual appearance. Materials located in close contact with the public shall be more authentic in character, whereas materials placed above 8 feet may be more synthetic in nature. A. The following is a list of acceptable materials: 1. Face brick 2. C.M.V. (concrete masonry units) 3. Splitface; scored split, scored smooth or fluted masonry units 4. Quik Brik (brick look type C.M.V.) 5. Glass block 6. Poured concrete 7. Pre-cast concrete 8. Cast stone U 9. Colored/decorative concrete 10. Limestone 11. Simulated stone 12. E.I.F.S. 13. Terracotta 14. Stained wood 15. Stucco 16. Glass (clear, color, sand blast, etched, etc.) 17. Storefront (aluminum, wood, steel) 18. Curtain wall 19. Exposed structure (.) 5 U 20. Concrete, brick or asphalt pavers 21. Porcelain and/or ceramic tile 22. Textured paint 23. Clay or colored concrete roof tiles 24. Dimensional asphalt shingle roof 25. Standing seam metal roof 26. Slate roof 27. Synthetic slate roof B. Primary Facades. All primary facades of a building shall be designed with consistent style, detail and trim features. No building fa~ade shall extend for a distance greater than two (2) times its average height without a vertical offset, material change or color and texture change. No building fa~ade shall extend for a distance greater than five (5) times its height without a change in elevation or substantial horizontal band. Articulation may also be achieved by a variety of roof planes and/or slopes. Primary facades shall incorporate building elements such as lighting fixtures and changes in wall surfaces such as awnings, canopies, alcoves, accents, windows, a variety of entry configurations, cornices, pilasters, columns or other building elements that contribute to the human scale of the building. u C. Secondary Facades. Side and rear facades shall be finished in similar colors as the primary facades. Secondary facades immediately adjacent to a primary f~ade shall wrap around the building by incorporating building materials and detailing of the primary fa~ade, for a minimum of 30 percent of the overall wall length, measured from the primary fa~ade. No building fa~ade shall extend for a distance greater than three (3) times its average height without a vertical offset, material change, color change or texture change. Secondary facades shall incorporate building elements such as pilasters, wainscots, accent banding or other building elements that contribute to the appropriate scale of the building. VI. Character Exhibits. Attached hereto and incorporated herein by references as Exhibit 12 are typical images, renderings, and elevations depicting the character of buildings to be constructed within the Mixed Use Area. VII.. AmenitieslPedestrian Furniture. A. The selection of architectural amenities shall be complimentary to the architectural character of the order in which they are located. The amenities shall u 6 u u u convey a sense of wannth and comfort and be visually appealing and properly integrated into the fabric of the center. The materials used for the selected amenities shall be durable and functional. B. Approval for user provided amenities shall be at the sole discretion of the Controlling Developer. C. Amenities shall be permitted within the public right-of-way, so long as a walking path with a minimum width of five (5) feet is maintained. Amenities are permitted and shall include, without limitation, the following: 1. Benches 2. Ash receptacles 3. Trash receptacles 4. Decorative poles with fabric banners 5. Bike racks 6. Fountains 7. Gazebo 8. Tower structures 9. Pedestrian walkway/trailway 10. Music systems 11. Flag poles 12. Plaques 13. Phone enclosures 14. Tables/Umbrellas 15. Valet parking booths 16. Clocks 17. Advertising panels 18. Carts and kiosks 7 '-.) '-.) '-.) 19. Customer service booths 20. Vending 21. A TM enclosures H:\bnd\Zooing &; Real Es1ale Matters\PLA lNM\EarlhamlExhibitslI1 - Arcbitectw'al Guidelines. Office &; Retail.doc 8 --"'1IIII!il "' .. ----- . I I I I I ..... _ --.11. 1IlM:. ~_ --.._.-...--. J.1_ ~ ~ 1 I I . I r It..; I ~~."liIIlil1lbl'lril)__--: 1 J li~___ "'<II --- - ----a-l l t J I I ~ .. - - - - -- -...... -.. - - - - - -----..... I ~ l:!\'l' I I L IJIII .._ _ _ Ilil ___.__.... ..... -- -- -.-.. ...--- -- - ..... J ~; '~ ~ - - - ...," .. ,/ EXHIBIT DEVELOPMENTSTANDARDS-CCRC Minimum Minimum Minimum Maximum Maximum Minimum Maximum Maximum Tract Area Front Yard Rear Yard Parcel Gross Floor Side Yard Building Building Setback Setback Coverage Area Setback Height - Height - Attached Detached 110 ac. 10 ft. 5 ft. 40% n/a 5 ft. 60 ft. 35 ft. I . . DedIcated land for addItional nght-of-way along eXIstmg streets as part of an apphcatlOn for approval of a CCRC shall be counted as part of minimum tract area. Minimum tract area may also include contiguous lands in adjoining zones if such lands are restricted to undisturbed open space. LEGEND: ft = Feet n/a = Not Applicable sf= Square Feet ac = Acres H:lbradlZoning & Real Estate MallerslPLATNM\EarlhamlExhibitsllO - Development Standards - Office & Retail, CCRC.doc c c c 1.- C I 01 d ---- - - ....,.... -.. -....- - r-- - IiIIII __ _ _ _______ ___ ...-..Ii__ c t , . -- -. - ------"'"'"' I I . ~ f ~J lIll~ - .llllll1IIIII! --...... ".J ~ .-' Bio-swales ~a 1'" EXHIBIT" " - USE TABLE LEGEND P = Permitted Blank = Not Permitted SU = Special Use Block A = The Detached Residential Use Block(s) Block B = The Detached and Attached Residential use Block( s) Block C = The Attached Residential Use Block LEGEND CONTINUED Block D = The Office/Mixed Use Block Block E = The Village Core Use Block Block F = The Comer Retail Use Block Block G = The Open Space Use Block Residential Uses Block A Block B Block C Block D Block E Block F Block G Single Family Dwellina p p P Two Family Dwellina p p Multiole Familv Dwellina/Aoartment Complex p p Detached Dwellina p p p Accessory Dwellina p p p Attached Dwellina SU p P P P Home Occuoation p p p p Bed & Breakfast Inn p p p p Model Home p p p p p p Guest House p Boardina or Lodaina House p p Nursing/Retirement/Convalescent Facilitv/CCRC p p p p p Private Swimmina Pool, etc p p P Loft P P P Office Uses Block A Block B Block C Block D Block E Block F Block G Clinical or Medical Health Center p p p Research Laboratory or F acilitv p p p General Offices p p p Professional Offices p P P Trainina Facility p p p c c c I!" Institutional Uses Block A Block B Block C Block D Block E Block F Block G ChurchfTemple/Places of Worship SU SU su p p p Hospital p p p SurQerv Center p p p UrQent Care Facility p p p Rehabilitation Facility p p p Physical/Occupational Care p p p Library SU p p P Post Office SU p p P Public Service Facility SU p p p Educational Uses Block A Block B Block C Block D Block E Block F Block G School, Trade or Business p p p ColleQe or University p p p Day Nurserv/Day Care p p p KinderQarten/Preschool p p P School of General Elementary or Secondary Education p p p Retail & Service Uses Block A Block B Block C Block D Block E Block F Block G General Retail Sales p p p General Service p p p Automobile Service Station/Gas Station p p AutomobilefTruck Reoair (indoor) p p Cafe SU p p p Delicatessen SU p p p Coffee Shop SU P P P Commercial Kennel p Dry CleaninQ Establishment(w/on-site plant) p p Car Wash p p c c c ..- Block A Block B Block C Block D Block E Block F Block G Dry Cleaning Establishment (w/out on-site plant) SU p p p Equipment Sales/Repair (indoor) p p Financial Institution (with drive-thru) p p Financial Institution (without drive-thru) SU p P P Automated Teller Machine (ATM) su p p P Food Stand SU p P Funeral Home/Mortuary/Crematorv p p Roadside Sales Stand p p Self-Service Laundrv p p Veterinary Hospital with commercial kennel Veterinary Hospital without commercial kennel p p Wholesale Sales p p Cultural/Entertainment Uses Block A Block B Block C Block D Block E Block F Block G Art Gallery p p Art & Music Center p p Hotel p p Hotel (full service) p p Indoor Theater p p Outdoor Theater p p Catering Establishment p p Restaurant, without drive-thru sales SU p p p Restaurant. with walk-up/drive-thru food sales p p Meeting or Party Hall p p p Museum p p Tavern/Night Club SU P P P o o c. ',- Recreational Block A Block B Block C Block D Block E Block F Block G Commercial Recreational Facility, Indoor p p Commercial Recreational FacilitY: Outdoor Community Center p p p p Country Club p P Golf Course Health/Fitness Facility p p p p Private Club or Lodae p p Private Recreational Facilitv p p Park, Public p P P Miscellaneous Block A Block B Block C Block D Block E Block F Block G Artificial Lake or Pond (non-olatted) P P P P P P P Commercial Parkina Lot Commercial Parkina Structure P P Private Parkina Structure P P Temporary Uses Block A Block B Block C Block D Block E Block F Block G Construction Facility p p p p p p p Displav, Outdoor p p p p Model Homes p p p p p p Sales, Outdoor p p p Sales, Seasonal Outdoor p p p Special Event, Outdoor p p p c c Cj Transportation & Communication Uses Block A Block B Block C Block D Block E Block F Block G Antenna2 p p p Collocated Antenna2 P P P Radio and/or Television Studio P P P RadiofTelevision Transmission Antenna2 P P P Wireless Telecommunications Antenna2 P P P Private Helicopter Landing/Service Facility p 2 If visually integrated with or camouflaged on or within another structure (including but not limited to a chimney stack, church spire, light standard, monument, penthouse, power line support device, or clock tower H:\brad\Zoning & Real Estate Matters\PLATNM\Legacy (Earlham)\Use Table.doC c c c L- . , , . . THE LEGACY CONCEPTUAL TYPICAL LIGHTING PLAN - NON-RESIDENTIAL ~ t.m 1".&......~ - "II ~ - - - - - - - ... ... ... - ... ... ... - ... - ~ ..-..-..4 " ..., \ I "._.._..~ II J I Af. THE LEGACY 02 CONCEPTUAL TYPICAL LIGHTING PLAN - RESIDENTIAUBOULEVARD A l.,m ~~ 03 LEGEND: JO( '''w.x.....WH!I:lH1.().hO.J~'fD JQ( 11::H1,I(lUtt THE LEGACY TYPICAL POST TOP ACORN LIGHT FIXTURE lVl1 04 'I)T TO &:A..l: o..t<lIJ',l....OJ""y :lor"""-"TIt> $'OfrT $l~ c;.o:;r "'\1\4''''' $.UlN$t$Cm..l~ ~(or ~c:r4 ':1'1 t"IoCP4""'-'W THE LEGACY TYPICAL TRAFFIC AND STREET SIGN 1f4"'_t\.(!" / :iLl'Nl('03am", I'OlL 1'01"" 3C P06T <::ioP. IlUO< CAST 1LI.M'fJ'd ~ ... !ll - - Ko:YIH K PAltSONS 6 AssOCtAftS. 1He:. _Ultt_ InHlorilll ..w..,.q j~J'Ntr,~"""",,~ol4..fOo.~~~ :tt~l_""a.~ - - PREPARED FOR PfTTJMN "......-rNE~ 117 I I ';. PEN'oISY\. """\0\ .WE a.m 2<<) CAAME1..N "OO~ P: 317.tI73 66&2 r:317.tiEIO.979G E~ 'WI\'! PITTMANP~ERS.cOM - - - - - - - - - - CERTlFlCAnON - - NOT FOR CONSTRUCTION - - LEGACY. A PLANNED UNIT DEVELOPMENT CARMEL, INDIANA CONCEPTUAL LANDSCAPE PLAN - - Plo<UrX:T. 06510 Osv.""" J)L 0":0<0: .J"'- ScAu:: AS llHOVlt'" =ucClAn: O~21.05 R:<v-SOON ~I<l~ - UJl<'MFt.N< - Ll.02 - - 1\. .-/ J 01 f"'\ ~ J ~ OJ I ,..., L ,... LEGACY ENTRY WALL SIGN J .~ .. 1.1.o~ ~ / ,,""-,..,. o 04 ~ I ",. LEGACY INTERIOR DEVELOPMENT SIGN CI.tH It;i''..ll~ - - KEVIN K PARIIOHslll A8SOclAntB,lNc. ~ortlio<tn I"",~ ,_.... flllltr#'!' ,~fit'~ A..o.....A-'2~ I"-:~,,*,"'O"" 44~. ~l"""~'Ui."-u '17<<~ ~ 0 t-(" \ J::::.. r--1 (1 , Ir---I - PREPARED FOR PllTMAN PARTNERS - 11711 N.PENNSY"....VAN1"AVE SUITE260 CARMEl.. IN 46032 P:317.57U\692 F: 317.500.9786 E-MAlL 'W'MV.PrTTMANPARTNf...RS.CQM - - - - - - 02 LEGACY FENCE AND COLUMN - - ll..o, ,,.,.-,..,. - - o.UlJRr.D Slet.f CUQIl<S NflGl-E!O~O SlGWoOf. CIosr STON: CJ>P SlCf'l: PANns v."" INSLT CAST STOI'jE /'/€D.AUI:lN, 1W, r OJL1Ulro STCf'l: vrNW'. T'/? C;ERT1F1CA'TlON - NOT FOR CONSTRUCTION - ~ ~ f"''' - - LEGACY . A PLANNED UNIT DEVELOPMENT CARMEL. INDIANA 03 LEGACY NEIGHBORHOOD SIGN COLUMr{J I CONCEPTUAL LANDSCAPE PLAN - - PRQJ~ 06510 OAA~: JMI.. CHECKED: JML SCAJ....r; A55HOWN 12U2 DAn: 03.21,06 REViSlON: 05.' o.oe Ll..o1 '''''_1~ -S1~ - Ll.03 Q Q u EXHIBIT . River Parcel - Legal Description A part of Section 23 and Section 24, Township 18 North, Range 4 East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana, described more particularly as follows: Commencing at the northeast comer of said Section 23 thence North 89 degrees 15 minutes 40 seconds West (assumed bearing) along the north line of the Northeast Quarter of said Section 23 a distance of337.40 feet; thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the southwest intersection of the rights-of-way of 146th Street and River Road as described in Instrument No. 200100065741 in the Office of the Recorder of Hamilton County, Indiana; thence South 86 degrees 23 minutes 21 seconds East a distance of 130.67 feet to the Point of Beginning being the southeast intersection of said rights-of-way for 146th Street and River Road (the following eight courses being along the southerly right-of-way of 146th Streetper said Instrument No. 200100065741); (1) thence South 89 degrees 15 minutes 53 seconds East a distance of 423.63 feet to a point on a non-tangent curve to the left having a radius of 6650.26 feet, the radius point of which bears North 00 degrees 44 minutes 08 seconds East; (2) thence easterly along said curve an arc distance of 596.98 feet to a point which bears South 04 degrees 24 minutes 28 seconds East from said radius point; (3) thence North 81 degrees 27 minutes 58 seconds East a distance of 136.79 feet to a point on a non-tangent curve to the right having a radius of 6482.94 feet, the radius point of which bears South 04 degrees 24 minutes 29 seconds East; (4) thence easterly along said curve an arc distance of 556.05 feet to a point which bears North 00 degrees 30 minutes 23 seconds East from said radius point; (5) thence South 89 degrees 29 minutes 37 seconds East a distance of 126.94 feet; (6) thence South 86 degrees 38 minutes 21 seconds East a distance of 558.90 feet; (7) thence North 84 degrees 36 minutes 40 seconds East a distance of 110.62 feet; (8) thence North 89 degrees 25 minutes 33 seconds East a distance of 238.80 feet; thence continuing on the easterly extension of said right-of-way North 89 degrees 25 minutes 33 seconds East a distance of 115.74 feet to the middle of White River (the following two courses being along the middle of White River); (1) thence South 03 degrees 25 minutes 34 seconds West a distance of868.05 feet; (2) thence South 17 degrees 02 minutes 49 seconds West a distance of 564.64 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of3212.80 feet to the easterly right-of-way of River Road per said Instrument No. 200100065741 being a point on a non-tangent curve to the right having a radius of 1443.57 feet, the radius point of which bears South 66 degrees 45 minutes 59 seconds East (the following five courses being along said easterly right of way); (1) thence northeasterly along said curve an arc distance of 311.27 feet to a point which bears North 54 degrees 24 minutes 43 seconds West from said radius point; (2) thence North 35 degrees 35 minutes 17 seconds East a distance of 426.04 feet to a point on a tangent curve to the left having a radius of 820.21 feet, the radius point of which bears North 54 degrees 24 minutes 43 seconds West; (3) thence northerly along said curve an arc distance of 507.62 feet to a point which bears South 89 degrees 52 minutes 19 seconds East from said radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance of258.32 feet; (5) thence North 34 degrees 37 minutes 42 seconds East a distance of27.30 feet to the Point of Beginning, containing 95.82 acres, more or less. u EXHIBIT 15 The Legacy Street Standards The following standards shall apply to The Legacy: 4. 5. 6. W 7. 8. u 1. Pavement sections shall be as shown on the following sheet. 2. Roadways and pedestrian walks & paths, both public and private, are permitted within the "Open Spaces" at Developer's discretion. 3. Utilities, irrigation systems, signage, lighting and similar infrastructure may be located within the public rights-of-way at Developer's discretion. The minimum horizontal centerline radius for public streets shall be no less than 100 feet. The minimum cul-de-sac radius to back of curb for public streets shall be no less than 38 feet. The maximum length of a cul-de-sac street shall not exceed 750 feet. Concrete sidewalks shall be a minimum of four (4) feet wide, 4 inches thick, placed on grade. Pedestrian asphalt paths shall have a pavement section consisting of 110 lbs/sy of # 11 bituminous surface placed over 200 lbs/sy of #8 bituminous binder placed over 5" of compacted #53 aggregate base to a width at Developer's discretion. 9. Concrete infrastructure cure time shall be at Developer's discretion. 10. Placement of asphalt pavement during cold weather conditions shall be in accordance with INDOT specifications. THE LEGACY PAVEMENT SECTIONS 1.5" H.A.C. SURFACE #11 2" HAC. BINDER #8 3" HAC. BASE #5D 'H.t'~.~i~.I.'~f~~?t?:' 7" COMPACTED #53 STONE ~/'~/.~/.~/'/.~/'/.~/' COMPACTED SUBGRADE ;{ f;.r:(~<t:'f~~.rf:;-': .' ...... . '(.//.~/.v/.~/'/.~/'/.~/' OR [IJ..... .. . 6,' . .,,', .: .... . : ". ~ ... . .' . ~/'/.~/.~/.~/'/.</'/.~/' PAVEMENT SECTION #1 NOT-TO-SCALE 1.5" H.A.C. SURFACE #11 2" HAC. BINDER #8 3" HAC. BASE #5D 9" COMPACTED STONE BASE 7" - #53 STONE 2" - #2 STONE COMPACTED SUBGRADE OR [IJ.. -.... · .' IA,' .' -j. '. '.' . . . . '. .~ ..'. . . 6 '" . . ~/'/.~/.~/'/.~/'/.~/.~/' PAVEMENT SECTION #2 NOT- TO-SCALE 1" HAC. SURFACE #11 3.5" H.A.C. BINDER #8 8" COMPACTED #53 STONE COMPACTED SUBGRADE OR [IJ..-.. .. . IA,' . .,,', ..< '. . 0. : ". .1> :". . . ," . A. ',' '(/'/.~/.~/'/.~/'/.~/'/.~/' PAVEMENT SECTION #3 NOT-TO-SCALE 6" PLAIN CONCRETE COMPACTED SUBGRADE 6" PLAIN CONCRETE COMPACTED SUBGRADE 6" PLAIN CONCRETE COMPACTED SUBGRADE