HomeMy WebLinkAboutPacket 12-19-06
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THE LEGACY
PLANNED UNIT DEVELOPMENT DISTRICT
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CITY OF CARMEL PLAN COMMISSION
DECEMBER 19,2006
. East Carmel, LLC
PittmanPartners.
Platinu.roperties
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KEVIN K. PARSONS 8r: ASSOCIATES. INC
PittmanPartners e
December 8, 2006
Dear City of Carmel Plan Commission Members:
This binder is presented to you by East Carmel, LLC the contract purchaser of approximately
509 acres commonly referred to as the Earlham property, located south of and adjacent to l46th
Street, on either side of River Road. An aerial photograph outlining the real estate is in the
pocket part of this binder, beneath this letter.
Paul Rioux and I have combined our development experience to establish upon the real estate the
Legacy District. The blueprint for the Legacy District is the Legacy PUD Ordinance, establishing
a synergistic blend of residential and commercial uses through seven different use blocks. The
Legacy District provides for a multitude of residential opportunities including larger lot homes,
smaller lot homes, attached residential options, and the possibility of a continuing care retirement
center thereby creating a multi generational community that has the ability to meet the needs of
its residents as their lives progress. The office and retail will be designed to be walkable and in
direct proportion to the streets and sidewalks where it will exist. This eclectic mix of uses is
orchestrated by the Legacy PUD, the text of which is in the pocket part beneath this letter, and
the exhibits of which are bound in the adjacent 3-ring binder.
The Legacy District promises an innovative and upscale development for the Earlham property
that will provide residents walking access to neighborhood commercial and open spaces with the
goal of reducing their reliance on their cars. The community will feature over 40% open space,
significant tree preservation, designated bicycle amenities, and an emphasis on pedestrian
accessibility. As the developer we will incorporate many LID practices such as bio-swales and
the use of pervious pavers to allow storm water to percolate back into the ground rather than be
collected and flow unfiltered back into the White River. This design and planning has projected a
certification by the preliminary draft LEED-ND rating system.
The public hearing of this matter originally took place on June 20, 2006. Since then, we have
had eight meetings of the Special Studies Committee, many of which were in addition to
regularly scheduled meetings, and many meeting with the Department of Community Services.
The Legacy PUD, along with all of its exhibits, has received the very careful and thoughtful
analysis of the Special Studies Committee and the Department of Community Services, and, as a
result, has been substantially revised and refined throughout this process.
We look forward to presenting this community to you on December 19, 2006.
Sincerely,
&JfRL
Steve Pittman
P.O. Box 554. Carmel, IN 46082
(317)580-9693 · (317)580-9786 Fax
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Sponsor:
DRAFT 12/19/06
CARMEL, INDIANA
The Legacy
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE NO. Z- -06
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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. Suburban Residential Use Block...... .......................................................................... 12
Section 5. Neighborhood Residential Use Block...... .................................................................. 13
Section 6. Urban Residential Use Block. .. .. .. .. .. .. .. .. . .. .. ....................... .......... ......... ........... ..13
Section 7. Primary Office Use Block............................................................................................. 14
Section 8. Village Core Use Block. . . . . . . . . . . . . . . . . . . . . . . .. .................................... ....................... .14
Section 9. Corner Use Block....................... .......................................................................15
Section 10. Continuing Care Retirement Community...................... ....................................16
Section 11. Open Space Use Block. . ............................................................................................... 16
Section 12. Environmental Systems. Drainage and Streets and Streetscapes....................... .17
Section 13. Landscaping Requirements. . . . . . . . . . . . . . . . . . . . . . . ..... ......... ........... ............................. ...19
Section 14. Lighting......................... ....................................................................................23
Section 15. Signs......................... .........................................................................................23
Section 16. Parking........................... ..................................................................................24
Section 17. Maximum Unit Limitations..... ....................................................................................25
Section 18. Homeowners Association and Declaration of Covenants. . . . . . ..... . . . . . . . . . . . . . . . . . . . . .26
Section 19. Approval Process.............. ....................................................................................26
Section 20. Controlling Developer's Consent....... ....................................................................28
Section 21. River Developable Parcel... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .........................28
Section 22. Violations.................... ........................................................................................29
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Exhibit 1.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
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
Exhibit 7. Larger Detached Dwellings
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 8. Smaller Detached Dwellings
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 9. Attached Dwellings and Apartments
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 10. Commercial Buildings
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 11. Corner Use Block
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A. Character Illustrations
Exhibit 12. CCRC Multi Unit Building
A. Development and Architectural Standards
B. Character Illustrations
Open Space Character Illustrations
Use Table
Typical Street Lighting
Typical Residential Area Signage
River Parcel Legal Description
Streetscapes
A. 146th Street Frontage Road Streetscape
B. Main Street Streetscape
Exhibit 13.
Exhibit 14.
Exhibit 15.
Exhibit 16.
Exhibit 17.
Exhibit 18.
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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 ofLC. 936-7-4-1500 et seq.; and
WHEREAS. the Plan Commission has given a recommendation to this
PUD district ordinance (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 936-7-
4-1500 et seq.. it adopts this Legacy Ordinance. as an amendment to the Zone Map. (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.
Applicability of Ordinance.
Section 1.1 The Zone Map 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 or inconsistency between this Legacy Ordinance and the Zoning Ordinance. the
provisions of this Legacy Ordinance shall apply.
Section 1.3 Any capitalized term not defined in Section 2 of this Legacy PUD shall
have the meaning as set forth in the Zoning Ordinance in effect on the date of the
enactment of this Legacy Ordinance.
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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
Ordinance:
Defmitions. The following definitions shall apply throughout this Legacy
Accessory Dwelling. A Dwelling which is detached from but located on the same
lot as a Detached Dwelling, has an independent means of access and is owned by
the owner of the principal 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.
Accessory Structure: A structure which is subordinate to a Building or use
located on the Real Estate and which is not used for permanent human occupancy.
Accessory 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.
Aggregate Side Yard: The sum of the widths of the two (2) side yards located on
one (1) lot.
Alley: A private right-of-way or easement located in the interior of blocks and
providing vehicular and service access to the side or rear of properties.
Amenity Area: An area containing recreational facilities including, without
limitation, anyone or a combination of the following: (i) a swimming pool, (ii) a
bath house with changing rooms and storage. (iii) recreational equipment. (iv)
tennis courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor and/or
outdoor workout areas, and (viii) any other recreational facilities approved by the
Director .
Apartment. A Dwelling intended primarily for rental.
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Apartment House. A building containing 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.
Architectural Review Board. A board, established by the Declaration(s) of
Covenants, responsible for reviewing all improvements after the initial, original
construction of Buildings, Dwellings, and other improvements.
Attached Dwelling. Dwellings which are attached vertically or horizontally,
including 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.
Block(s): Anyone or any combination of (i) the Suburban Residential Use Block,
(ii) the Neighborhood Residential Use Block, (iii) the Urban Residential Use
Block(s), (iv) the Primary Office Use Block, (v) the Village Core Use Block, (vi)
the Corner Use Block, and/or (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: A structure having a roof supported by columns and walls, for the
shelter, support, enclosure or protection of persons, animals, chattel, or property.
Separate but attached units within a Building, separated by party walls, shall be
considered part of the same Building and not separate Buildings.
Building Height: 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
Commercial Building: Any Building, other than a CCRC Multi-Unit Building, in
which any commercial office or retail use exists, other than (i) a sales/rental office
for the sales and/or rental of Dwellings located in the Building in which the
sales/rental office exists and (ii) a home occupation.
Continuing Care: The provision of lodging, 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, evidenced by written
contracts, and in consideration for the payment of an entrance fee, with or without
other periodic charges.
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Continuing Care Retirement Community: A place where continuing care is
provided to senior citizens and which may include support services and facilities,
including without limitation, (i) indoor recreation (including swimming pool,
solarium and lounges), (ii) physical therapy, (iii) entertainment rooms, (iv)
exercise rooms, (v) libraries, (vi) computer rooms, (vii) kitchen, food service, and
dining rooms, (viii) automatic teller machines, (ix) administrative offices, (x)
storage spaces, (xi) chapels, (xii) gift shops, (xiii) hair stylist/barber shops, and
(xiv) assisted living and/or nursing beds.
CCRC: An abbreviation for a Continuing Care Retirement Community
CCRC Cottage: A Detached Dwelling or an Attached Dwelling occupied by one
or more CCRC resident(s) which is part of the CCRC but is not part of the CCRC
Multi-Unit Building.
CCRC Multi-Unit Building: The primary CCRC Building containing multiple
apartment-style Attached Dwellings occupied by CCRC residents. A CCRC
Multi-Unit Building may also contain support services and facilities specified in
the above definition of a Continuing Care Retirement Community.
CCRC Resident: A senior citizen who is entitled by contract to receive
continuing care in a Continuing Care Retirement Community.
City: The City of Carmel, Indiana.
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
plan(s) may vary.
Controlling Developer: Shall mean East Carmel, LLC, until such time as East
Carmel, LLC transfers or assigns, in writing, its rights as Controlling Developer.
Such Rights 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 (iii) use
either method described in (i) and (ii) above with respect to different portions of
the Real Estate.
Corner Use Block: What is identified on the Concept Plan as the "Corner Use
Block".
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Council: The City Council of the City of Carmel, Indiana.
County: Hamilton County, Indiana.
Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions applicable to the Real Estate, or any portion thereof, which shall be
prepared and recorded by the Controlling Developer in the office of the Recorder
of Hamilton County, Indiana, and which may, from time to time, be amended.
Department. The Department of Community Services of the City of Carmel,
Indiana.
Detached Dwelling. A Dwelling that is not attached to another Dwelling and is
developed with no party-walls and with open yards on at least three sides.
Detached Dwellings comprise Larger Detached Dwellings and Smaller Detached
Dwellings. The term Detached Dwelling does not include manufactured homes,
mobile homes, modular homes or recreational or motor vehicles.
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. "Director" and
"Administrator" shall include his/her authorized representatives.
Dwelling: A structure intended for occupancy by a single family. A Dwelling
includes a Detached Dwelling, an Attached Dwelling, an Apartment, an
Accessory Dwelling, a Loft, and a CCRC Cottage, and an Attached Dwelling
within the CCRC Multi-Unit Building.
Environmental Open Space: Open space which contains natural systems
(including manmade systems) that function to preserve the natural integrity of the
Legacy District. 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
general landscaping, parking, drainage, erosion control, signage, lighting,
screening and building information for the site.
Flood Plain Law: Any and all laws, statutes, ordinances, rules, or regulations
governing the use and development of land within flood plains.
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Larger Detached Dwellings: Dwellings complying with the standards specified
in Exhibit 7.
Loft. One or more rooms which are connected together and located above the 1 sl
floor of any building in the Urban Residential Use Block, Primary Office Use
Block, the Village Core Use Block, or the Comer Use Block and which (i) 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, rental or lease on a weekly, monthly, or longer basis, and (ii) include
lawful cooking, eating, sleeping space, and sanitary facilities reserved solely for
occupants thereof. All Lofts shall be a minimum of seven hundred fifty (750)
square feet.
Masonry: Brick, stone, cultured stone, stucco, synthetic stucco, and/or EIFS.
Material Alteration: Any change to an approved plan of any type that involves
the substitution of one material, species, element, etc. for another.
Main Street: The segment of the street, shown on Exhibit 2 (the "Concept
Plan ") which extends north to south through the Village Core Use Block and is
located within the Village Core Use Block.
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 an increase in the Maximum Unit Limitation
specified in Section 17 below.
Multi-Purpose Paths: A trail system which functions both as 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.
Neighborhood Residential Use Block: What is identified on the Concept Plan as
the "Neighborhood Residential Use Block".
Open Space: 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 Legacy District
and, where designated by the Controlling Developer or in this Legacy Ordinance,
for the use and enjoyment of the community at large. Except as otherwise
provided herein, 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
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open space and paths or sidewalks located therein may be included in the required
area computations.
Open Space Use Block: What is identified on the Concept Plan as "Open Space
Use Block".
Owners Association(s): Owners Association(s) established by the Declaration(s)
of Covenants.
Parcel Coverage: The total ground area covered by buildings and accessory
structures which are greater than eighteen (18) inches above grade level.
excluding fences and walls not attached in any way to a roof, divided by the total
horizontal ground area.
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 Office Use Block: What is identified on the Concept Plan as the
"Primary Office Use Block".
Primary Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate: The Real Estate legally described in Exhibit 1.
Recreational Open Space: Open Space that has been designed and designated for
active use. Such spaces include trails, nature viewing areas, plazas, ball fields,
accessible bodies of water for active use, dedicated trail networks, and
playgrounds.
River Developable Parcel: A portion of the River Parcel east of and adjacent to
River Road, comprising between eleven (11) and fifteen (15) acres, more or less,
and not identified on the Concept Plan as "Sl (Carmel Zoning Ordinance)". The
size and configuration of the River Developable Parcel may vary from what is
depicted on the Concept Plan.
River Parcel: That portion of the real estate located east of River Road, including
approximately 95.82 acres, legally described in Exhibit 17, and comprising part of
the Open Space and the River Developable Parcel.
Sign: 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.
Smaller Detached Dwellings: Dwellings complying with the standards specified
in Exhibit 8.
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Subdivision Control Ordinance: Cannel/Clay Subdivision Control Ordinance,
No. Z-160, as amended.
Suburban Residential Use Block: What is identified on the Concept Plan as
"Suburban Residential Use Block".
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.
Townhome: A single family Attached Dwelling that is attached vertically and
provides for individual unit access. Units share party walls, but ownership can
include small yards.
Urban Residential Use Block: What is identified on the Concept Plan as the
"Urban Residential use Block".
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 the primary clientele of which lives or works within close proximity of the
Legacy District. Each individual Village Supporting Commercial use shall not
occupy more than two thousand five hundred (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.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
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. Suburban Residential Use Block (s). This Block is predominantly a 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, and the
standards and character illustrations for Attached Dwellings in Exhibit 9 shall apply to all
Attached Dwellings approved by the BZA in Suburban Residential Use Block. No more than 4
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Attached Dwellings shall be permitted per Building. Home-based business is permitted per the
Zoning Ordinance.
Section 4.1 Permitted Uses are specified in the Exhibit 14 (Use Table).
Section 4.2 The applicable development and architectural standards are specified in
Exhibit 7 (Larger Detached Dwellings) and Exhibit 9 (Attached Dwellings).
Section 4.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Dwellings, are contained within Exhibit 7 (Larger
Detached Dwellings) and Exhibit 9 (Attached Dwellings).
Section 5. Nei!!hborhood Residential Block(s). This Block contains a mix of Detached
Dwellings and Attached Dwellings. No more than 10 Dwellings attached vertically (i.e.
Townhomes) shall be permitted per Building, and no more than 16 Dwellings attached
horizontally (i.e. flats) shall be permitted per Building; provided, however, that subject to the
Maximum Unit Limitations specified in Section 17 below, there shall be no limit on the number
of CCRC Dwellings allowed in the CCRC Multi-Unit Building located wholly or partially within
this Block. Home-based business is permitted as per the Zoning Ordinance.
Section 5.1 Permitted Uses are specified in the Exhibit 14 (Use Table).
Section 5.2 The applicable development and architectural standards are specified in
Exhibit 7 (Larger Detached Dwellings), Exhibit 8 (Smaller Detached Dwellings), Exhibit
ft (Attached Dwellings), and Exhibit 12 (CCRe).
Section 5.3 The character illustrations, indicating conceptually the intended architecture
and appearance of Dwellings, are contained within Exhibit 7 (Larger Detached
Dwellings), Exhibit 8 (Smaller Detached Dwellings), Exhibit 9 (Attached Dwellings),
and Exhibit 12 (CCRe).
Section 6. Urban Residential Use Block. This Block is a village setting of predominately
Attached Dwellings and Apartments. No more than ten (10) Dwellings attached vertically (i.e.
Townhomes) shall be permitted per Building, and no more than 16 Dwellings attached
horizontally (i.e. flats) shall be permitted per Building; provided, however, that subject to the
applicable Maximum Unit Limitations specified in Section 17 below, there shall be no
limitations on (i) the number of Apartments per Apartment House and (ii) the number of CCRC
Dwelling Units within the CCRC Multi-Unit Building located wholly or partially within this
Block. While this Block is primarily residential in nature, Village Supporting Commercial Uses
are permitted through special use review and approval by the BZA, and the standards and
character illustrations in Exhibit 10 (Commercial Buildings) shall apply to any Village
Supporting Commercial Uses located within this Block.
Section 6.1 Permitted Uses are specified in the Exhibit 14 (Use Table).
Section 6.2 The applicable development and architectural standards are specified in
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Exhibit 8 (Smaller Detached Dwellings) and in Exhibit 9 (Attached Dwellings and
Apartments), Exhibit 10 (Commercial Buildings), and Exhibit 12 (CCRe).
Section 6.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Buildings and Dwellings, are in Exhibit 8 (Smaller
Detached Dwellings), Exhibit 9 (Attached Dwellings and Apartments), Exhibit 10
(Commercial Buildings), and Exhibit 12 (CCRC).
Section 7. Primary Office Use Block. This Block serves primarily office uses. This Block
serves as a transitional area to the adjacent Urban Residential Use Block, and permits a limited
amount of residential and retail. Dwellings in this Block may be incorporated into commercial
structures as Lofts. All retail must be Accessory Retail, and no more than twenty percent (20%)
of all non-residential square footage of the Primary Office Use Block may be occupied by
Accessory Retail uses. All such Accessory Retail shall comply with the standards and character
exhibits in Exhibit 10 (Commercial Buildings).
Section 7.1 Permitted Uses, are specified in Exhibit 14 (Use table).
Section 7.2 The applicable development and architectural standards are specified in
Exhibit 10 (Commercial Buildings) and Exhibit 12 (CCRe).
Section 7.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Buildings, are contained within Exhibit 10 (Commercial
Buildings) and Exhibit 12 (CCRe).
Section 7.4 All Buildings within this Block, other than Accessory Structures, shall have
a minimum of two (2) occupiable floors.
Section 8. Villaee Core Use Block. The Village Core Use Block is the most intense activity
node of the Legacy District. This Block comprises single story and multi-story buildings with a
full mix of uses. The Village Core Use Block is primarily retail use on first floors of buildings
along and adjacent to Main Street, and Lofts can be found on upper levels. No more than ten
(10) Dwellings attached vertically (Le. Townhomes) shall be permitted per Building, and no
more than sixteen (16) Dwellings attached horizontally (Le. flats) shall be permitted per
Building; provided, however, that subject to the applicable Maximum unit Limitations specified
to Section 17 below, there shall be no limitations on (i) the number of Apartments per Apartment
House and (ii) the number of CCRC Dwelling Units within the CCRC Multi-Unit Building
located wholly or partially within this Block. This Block shall be kept generally within its
boundaries identified on the Concept Plan, and shall not be extended further east or west on 146th
Street than as shown on the Concept Plan.
Section 8.1 The Permitted uses are specified in Exhibit 14 (Use Table).
Section 8.2 The applicable development and architectural standards are in Exhibit 10
(Commercial Buildings) Exhibit 8 (Smaller Detached Dwellings), Exhibit 9 (Attached
Dwellings and Apartments), and Exhibit 12 (CCRe).
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Section 8.3 The applicable character illustrations, indicating conceptually the
architecture and appearance of buildings, are contained in Exhibit 10 (Commercial
Buildings), Exhibit 8 (Smaller Detached Buildings), Exhibit 9 (Attached Dwellings and
Apartments), and Exhibit 12 (CCRC).
Section 8.4 A plaza shall be located on Main Street, in the general vicinity of the red
asterisk shown on the Open Space Plan. This area shall comprise a minimum of four
thousand (4,000) square feet, and shall be a central gathering place for performances,
festivals, and other outdoor events. The plaza will be distinguished by hardscaping,
central landscaping, and a fountain.
Section 8.5 Within the rectangular area, which extends one hundred (100) feet south
from 146th Street, along the center line of Main Street, and which is one hundred (100)
feet in width on either side (east and west) of the centerline of Main Street (such
rectangular area being referred to as the "Core Area"), all Buildings shall have a
minimum of two (2) occupiable floors. Along Main Street south of the Core Area in the
Village Core Use Block, Buildings flanking Main Street may vary between multiple
stories and one (1) story, so long as (i) no continuous stretch of one (1) story Buildings
exceeds thirty (30) percent of the length of the segment of Main Street within the Village
Core Use Block and (ii) the total lineal feet of the front of all one (1) story buildings
flanking Main Street is less than fifty (50) percent of the length of the segment of Main
Street within the Village Core Use Block. Multi-story buildings are encouraged around
the plaza described in Section 8.4 above.
Section 8.6 Buildings located on 146th Street, within one hundred (100) feet east or
west of the center line of Main Street, shall have at least two (2) occupiable floors, and
Buildings located on 146th Street, more than one hundred (100) feet east or west of the
centerline of Main Street, may be only one (1) story in height and may be located on
outlots.
Section 8.7 A rendering, illustrating the intended character of Main Street, is included
as Exhibit 18.
Section 9. Corner Use Block. This Block is located on the southwest corner of 146th Street
and River Road. No more than ten (10) Dwellings attached vertically (Le. Townhomes) shall be
permitted per Building, no more than 16 Dwellings attached horizontally (Le. flats) shall be
permitted per Building, and there is no limit on the number of Apartments per Apartment House.
provided, however, that subject to the applicable Maximum unit Limitations specified to Section
17 below, there shall be no limitations on (i) the number of Apartments per Apartment House
and (ii) the number of CCRC Dwelling Units within the CCRC Multi-Unit Building located
wholly or partially within this Block.
Section 9.1 Permitted Uses are specified in Exhibit 14 (Use Table).
15
Section 9.2 The applicable development and architectural standards are specified in
Exhibit 10 (Commercial Buildings) and Exhibit 9 (Attached Dwellings and Apartments)
and Exhibit 12 (CCRC).
Section 9.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Buildings, are contained in Exhibit 11 (Corner Use Block
Commercial), Exhibit 9 (Attached Dwellings and Apartments), and Exhibit 12 (CCRC).
Section 10. Continuim! Care Retirement Community. The CCRC can be located anywhere
within the Legacy District, other than in the Suburban Residential Use Block; provided,
however. that no portion of the CCRC site may occupy more than 25% of the Village Core Use
Block.
Section 10.1 Permitted Uses are specified in the definition, in Section 2.2 above, of a
Continuing Care Retirement Community, and also in the Exhibit 14 (Use Table).
Section 10.2 The applicable development and architectural standards (i) for the CCRC
Multi-Unit Building are specified in Exhibit 12 (CCRC) , (ii) and for the CCRC Cottages
are specified in Exhibit 8 (Smaller Detached Dwellings) and Exhibit 9 (Attached
Dwellings and Apartments).
Section 10.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of (i) CCRC Multi-Unit Building are in Exhibit 12 and (ii)
the CCRC Cottages are in Exhibit 8 (Smaller Detached Dwellings) and (iii) Exhibit 9
(Attached Dwellings and Apartments).
Section 10.4 The CCRC site can range in size from 10 acres to 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 Open Space can be developed as Environmental Open Space, Recreational
Open Space, or a combination of both; provided. however, that any development of the
Open Space Block east of River Road shall include ball fields and shall be limited to
Recreational Open Space available for use by (i) the community at large and the general
public, and/or (ii) not-for-profit organizations, such as the Carmel Dad's Club, for youth
sports programs. There shall be accessible and usable open space with a 5 minute walk
(1/4 mile) from all Dwellings within the Legacy District.
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 construction of an
amenity building, cutting of trails as depicted in Exhibit 3 (Bicycle and Pedestrian Plan),
the provision for picnic areas, removal of dead or diseased trees, thinning of trees or other
vegetation to encourage more desirable growth, and grading and seeding.
16
Section 11.4 Recreational buildings, structures, and improvements, such as pools,
clubhouses, picnic structures, ball fields, tennis courts, and playground equipment, not
prohibited by Flood Plain Laws, may be constructed in the Open Space Use Block.
Section 11.5 Storm water quality/quantity treatment may be constructed in the Open
Space Use Block and within the public rights-of-way.
Section 11.6 Trails shall be provided, where feasible, to link open space areas.
Sidewalks shall be a minimum of five (5) feet, pedestrian trails shall be a minimum of six
(6) feet wide, and Multi-Purpose Paths shall be a minimum of ten (10) feet wide.
Section 11. 7 Bioswales and Open Space Character Illustrations are included in Exhibit
13. Only those segments of Bioswales which are at least twenty (20) feet in width shall
qualify as Open Space.
Section 11.8 Within this Block, approximately in the area indicated on the Open Space
Plan by a blue asterisk, an Amenity Area shall be developed. This Amenity Area shall
include one outdoor pool of a minimum size of one thousand eight hundred (1,800)
square feet, and shall also include a minimum of two (2) of the following selected by the
Controlling Developer:
A. A wading pool of at least two hundred (200) square feet;
B. A bath house with changing rooms and storage;
C. A playground with commercial grade play equipment;
D. One (1) lighted tennis court;
E. Two (2) half basketball courts;
F. Bocce ball courts;
G. An indoor workout area at least 1200 feet in size; and
H. Other amenities which are approved by the Director.
Section 11.9 Exhibit 4 conceptually illustrates areas of Open Space, and Exhibit 3
conceptually illustrates Multi-Purpose Paths, sidewalks and other pedestrian paths.
Section 12. Environmental Systems. Drainal!e and Streets and Streetscapes
17
Section 12.1 Low Impact Development (LID) techniques shall be permitted as an
environmental system to help attain water quality standards in conjunction with
development of the storm water conveyance plan for the Legacy District. Examples of
permitted systems include the use of bioswales, bioretention, rain gardens and/or
permeable pavers. The conceptual drainage ways for the Legacy District are
approximated on the Exhibit 5 (Environmental Systems Plan).
Section 12.2 Subject to approval by County Surveyor's Office, filling shall be allowed
within the floodplain areas (mapped Zone AE) of the Legacy District which are located
west of River Road and which have been isolated by previously approved developments
north of 146th Street.
Section 12.3 With respect to floodplain areas (mapped Zone AE) of the Legacy District
other than those described in 12.2 above, and subject to approval by County Surveyor's
Office, filling shall be allowed, provided that mitigated floodplain storage is provided at a
ratio of three (3) to one (1).
Section 12.4 Subject to approval by County Surveyor's Office, stormwater detained,
conveyed and/or stored within flood plain areas (mapped Zone AE) in the Legacy District
shall be exempted from discharge limits outlined in the City's Stormwater Technical
Standards Manual, provided that the net amount of existing floodplain storage in this area
is increased by an amount equal to or greater than the difference between the increase in
post-development total runoff volume and the pre-development contributing watershed.
Section 12.5 The drainage design for the Legacy District shall accommodate detention
volume for the fully developed site and for 50% of the fully developed thoroughfare plan
right-of-way for perimeter road frontages.
Section 12.6 The street layout (including rights-of-way, pavement widths, and design)
within the Legacy District shall be approximately as conceptually indicated on the
Exhibit 6 (Streets), adapted as appropriate to the topography, unique natural features, and
environmental constraints of the Legacy District; provided, however, that new curb and
median cuts to 146th Street, allowing the described layout, will require approval from the
County Highway Department, and may cause the described layout to change.
Section 12.7 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 corners of intersections with other street
types. At such corner locations, curbing shall be required for the corner
radius ending at the intersection point of the radius and the path or
sidewalk paralleling the intersecting street. A concrete apron may serve as
point of termination for the curb.
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C. Permeable Pavers may be used for pavement section of Alleys.
D. Utilities may be located within Alleys.
Section 12.8 All streets (excluding Alleys) within the Legacy District which are to be
dedicated for public use and accepted for maintenance by the City 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, unless specified otherwise in
Exhibit 6 or other parts of this Legacy Ordinance.
Section 12.9 With the approval of the Commission, streets within the Legacy District
may be private; provided, however, that the frontage road along 146th Street may, at the
Controlling Developer's election and discretion, be either a public street or a private
street.
Section 12.10 Exhibit 6 also contains illustrations of streets to be constructed within the
Legacy District.
Section 12.11 A conceptual rendering of the 146th Street frontage road view corridor,
adjacent to the Primary Office Use Block and Village Core Use Block, is included as
Exhibit 18. The street section of the frontage road along 146th Street is included in
Exhibit 6.
Section 13. LandscaDine: Requirements. The landscaping in the Legacy District shall be
designed to compliment the architecture of the Dwellings 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 City's 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.
A. 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. Alternate or pervious paving
material may be considered, or 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.
B. 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 Department's 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
19
be considered.
C. Shade trees shall be at least 2.5 inches in caliper diameter when planted.
Ornamental trees shall be at least 1.5 inches caliper diameter when planted.
Evergreen trees shall be 6 feet in height when planted. Shrubs shall be at
least 18 inches in height when planted. Ornamental grasses shall obtain a
mature height of at least 3 feet.
D. The Controlling Developer shall conserve existing established trees
identified on Exhibit 5 (Environmental Systems Plan); provided, however,
that said trees may be removed under any of the following circumstances:
1. As is necessary to clear underbrush and dead trees;
2. As is necessary for the installation of access easements, right-of-way,
streets, paths, sidewalks, utilities and drainage improvements,
infrastructure; and
3. As is necessary for public health and safety as determined in cooperation
with the Urban Forester.
E. 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 (a) fifteen (15) foot greenbelt buffer in which street trees
are planted, for portions of the perimeter of the Real Estate abutting 146th Street, (b)
street trees for portions of the perimeter abutting other existing public right -of-way or
where a public right-of-way is created via a proposed frontage road other than adjacent to
146th Street, and (c) landscaping per the requirements of Type "B" Bufferyard (3 shade
trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) for portions of the perimeter
not abutting a public right-of-way. For portions of the perimeter that abut 146th Street, the
required street trees may be grouped to allow view sheds into the Primary Office Use
Block, Village Core Use Block, and Corner Use Block, and these requirements may be
computed as an average across the total linear footage of frontage. Any street trees used
to meet perimeter landscape requirements shall meet all other standards provided in
Section 13.3 below. No bufferyards or landscaping internal to the Legacy District shall
be required between or within the seven (7) different Blocks of the Legacy District.
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 fifty (50)
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
20
pathways. Where ample passage area is provided, tree planting areas shall be treated as
planting beds to soften the hardscape. Street trees shall not be required along and
adjacent to Alleys.
A. 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 Controlling Developer may solicit the aid of the City's Urban
Forester in mediating cost-effective solutions.
B. 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 Landscaping Standards Building base landscaping shall be
provided at the base of all Building elevations which 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 may help fulfill bufferyard requirements where
applicable.
A. Within the Suburban Residential Use Block, building base landscaping for
each Detached Dwelling shall include a minimum of seven (7) shrubs and/or
ornamental grasses. Additionally, 2 shade trees and one ornamental tree
shall be planted for every Detached Dwelling. For Attached Dwellings, the
standards set forth below in 13.4 (C) shall apply.
B. Within the Neighborhood Residential Use Block, building base landscaping
adjacent to the front elevation of each Detached Dwelling shall include a
minimum of five (5) shrubs and/or ornamental grasses. Additionally, one
shade tree and one ornamental tree shall be planted for every unit. For
Attached Dwellings, the standards set forth below in 13.4 (C) shall apply.
C. Within the Urban Residential Use Block, building base landscaping adjacent
to the front elevation of each Building shall include a minimum of five (5)
shrubs and/or ornamental grasses, and one (1) shade tree and one (1)
ornamental tree shall be planted for every two (2) Townhomes. For all other
Attached Dwellings and Apartments, 3 shade trees, 3 ornamental trees, and
21
twenty-five (25) shrubs shall be planted per 100 linear feet of Building
frontage on right-of-way. Detached Dwellings shall have the same standards
as those for the Neighborhood Residential Use Block set forth in 13.4(B)
above. If the trees in this Block can not be planted between the Building
and the sidewalk, then an alternative location may be chosen for planting.
Landscaping interior courtyards are encouraged within larger blocks.
D. Within the Village Core and Primary Office use Block, building base
landscaping for each Building shall contain a minimum of two (2) shade
trees, one (1) ornamental tree, and nine (9) shrubs per one hundred (100)
linear feet of Building frontage on right-of-way. 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
base 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, and street trees can help fulfill this
requirement.
E. Within the Corner Use Block, building base landscaping for each Building
shall contain three (3) shade trees, three (3) ornamental trees, and fifteen
(15) shrubs per one hundred (100) linear feet of Building frontage on right-
of-way.
F. 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. In all cases evergreen trees may substitute in lieu of
shrubbery, on a 1:3 basis (one conifer equals three shrubs).
Section 13.5. Parking Lot Plantings. Where parking lots are visible from the public
right-of-way, the following requirements will apply:
A. Lot interior. Minimum of one (1) shade tree per nine (9) parking spaces, with
a minimum of four hundred (400) square feet of useable soil volume being
provided for each two (2) trees;
B. Lot Perimeter. A minimum five foot (5 ') wide perimeter planting strip shall
be provided on all sides of a parking 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 (100) lineal feet of strip.
Walls or fences with a minimum height of forty-two inches (42") may be used
22
in lieu of planting. Perimeter planting may occupy the same space as a
required bufferyard 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 Primary Office Use
Block, Village Core Use Block, and the Corner 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 15, and consistent throughout
the Real Estate.
Section 14.3. Street lights along all collector streets and within the Primary Office Use
Block, Village Core Use Block, and Corner Use Block, 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 Village Core Use Block, the Primary Office Use Block, the
Corner Use Block, 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. Sil!ns.
Section 15.1. Residential Signs. Unless variances are granted by the BZA, signage
for all residential areas shall meet the requirements of Article 25.7 of the Zoning
Ordinance. Typical residential signs depicted on Exhibit 16, (Typical Residential Area
Signage). Illumination of any such signage shall be from a source external to such
signage.
Section 15.2. Commercial Signs. Unless variances are granted by the BZA, all signage
on Commercial Buildings shall meet the requirements of Section 25.7 of the Zoning
Ordinance. In addition, unless variances are granted by the BZA, signage for all
23
Commercial Buildings within the Urban Residential Use Block and the Village Core Use
Block shall also comply with the signage provisions of Chapter 23F of the Zoning
Ordinance entitled "Carmel Drive - Rangeline Road Overlay"; provided, however, that
(i) monument, center identification signs later approved by the Plan Commission in
connection with DP/ADLS approvals, shall be permitted on the comers of Main Street
and 146th Street, and (ii) ground signs for Buildings on outlots permitted under Section
8.6 above are also allowed.
Section 15.3. Murals. Murals, painted on a wall of a Building, which are artistic in
nature and do not contain trademarks, moving parts or lights, shall not constitute a wall
sign and are permitted.
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;
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. Where it is established to the
Department's satisfaction that adjacent buildings have uses that require
parking at complementary times of the day or days of the week, the total
number of shared parking 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); and
E. Bicycle parking shall be provided in compliance with Section 27.06 of the
Zoning Ordinance.
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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.
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 buffering shall be achieved through walls, fences, and
landscaping, shall be a minimum of five feet tall, and shall be visually
impervious. Recesses in the Building, or depressed access ramps may be
used.
Section 17. Maximum Unit Limitations.
Section 17.1 Primary Residential Density. The total number of Detached Dwellings,
Attached Dwellings, Apartments, and CCRC Cottages shall not exceed one thousand
three hundred forty-four (1,344), may occur in any combination subject only to the
limitations in Section 17.1(A) and Section 17.1(B) below, and are referred to in the chart
in Section 17.3 below as "Base Units". With respect to Attached Dwellings and
Apartments, the following additional limitations shall apply:
A. Maximum Attached Dwellings. Without the approval of the Plan
Commission, there shall be no more than five hundred (500) Attached Dwellings;
and
B. Maximum Apartments. Without the approval of the Plan Commission, there
shall be no more than three hundred (300) Apartments.
Section 17.2. Ancillary Use Limitations. Lofts, Accessory Dwellings, Beds and
Breakfasts, and CCRC Dwellings located within CCRC Multi-Unit Building, are (i)
permitted within the Legacy District, but are not specifically planned for any particular
area of the Legacy District and are less intense and more ancillary in character, (ii) in
addition to and not counted toward the one thousand three hundred forty-four (1,344)
permitted Detached Dwellings, Attached Dwellings, Apartments, and CCRC Cottages,
and (iii) are referred to in the chart in Section 17.3 below as "Ancillary Units." Without
the approval of the Commission, the number of (i) Lofts shall not exceed two hundred
(200), (ii) Accessory Dwellings shall not exceed thirty (30), (iii) beds and breakfasts shall
not exceed five (5), (iv) bed and breakfast rooms shall not exceed thirty (30), and (v)
CCRC Dwellings located within a CCC Multi-Unit Building may not exceed two
hundred twenty-five (225).
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.
Section 17.3. Chart Summarizing Unit Limitations. The following chart summarizes the
text of Section 17.1 and Section 17.2 above:
With 100% of Base Units With 100% of Base Units and 100%
and no Ancillary Units of Ancillary Units
Base Units (See Section 17.1) 1.344 1.344
Ancillary Units (See Section 17.2):
- Lofts (0 - 200) 0 200
- Accessory Dwellings
(0 - 30) 0 30
- Beds and Breakfasts/Rooms 0 5/30
- CCRC Dwellings within
- CCRC Multi-Use Building 0 225
(0 - 225)
TOTAL POSSIBLE DWELLINGS 1.344 1.829
TOTAL ACREAGE 498 498
DENSITIES 2.70 3.67
Section 18. Homeowners Association and Declaration of Covenants.
Section 18.1. Declaration(s) of Covenants and Owners Association(s). Declarations of
Covenant(s) shall be prepared by the Controlling Developer and recorded with the
Recorder of Hamilton County. Indiana. There may be multiple Declaration(s) of
Covenants applicable to different portions of the Real Estate. and multiple corresponding
Owners' Association(s). The Declaration(s) of Covenants shall establish an Architectural
Review Board. which shall establish guidelines regarding the design and appearance of
dwellings and. with respect to residential colors. shall provide that (i) selected colors
must be harmonious with colors used on the Dwelling. such as roofing and brick. and
must be harmonious with other colors used in the surrounding neighborhood. (ii) multiple
colors are available on the color palette approved by the Architectural Review Board.
which. from time to time. may be reviewed and updated.
Section 19. Approval Process.
Section 19.1. Approval or Denial of Plats and Final Development Plan.
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. 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
26
.
.
secondary plat substantially conforms with the corresponding approved
primary plat.
C. No DP/ADLS approval by the Commission shall be required with respect
to Detached Dwellings and their associated Accessory Dwellings,
Accessory Structures, landscaping, lighting, and signage, but all other
Buildings and associated parking, landscaping, lighting and signage shall
require DP/ADLS approval by the Commission.
D. If there is a Substantial Alteration in the approved DP/ADLS or 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.
E. 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.
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
Construction Developer, may be approved by a hearing examiner or
committee designated by the Commission, after a public hearing held in
accordance with the Commission's Rules of Procedure. However, any
decision of a hearing examiner or committee which 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.
27
.
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.
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.
E. 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: Developer's Consent. Without the written 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-l (Residential) under the
28
.
..
Zoning Ordinance, and the use and development of the River Developable Parcel shall be
governed by the S-l (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.
29
.
PASSED by the Common Council of the City of Carmel, Indiana this
, 2007, 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]. Glaser
Mark Rattermann
Joseph C. Griffiths
Kevin Kirby
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
30
...
I
o
.
Presented by me to the Mayor of the City of Carmel. Indiana the
,2007, at o'clock _.M.
day of
Diana L. Cordray, IAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel. Indiana, this
, 2007, at 0' clock _.M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, lAMe, Clerk Treasurer
This Instrument prepared by:
31
H:\brad\Zoning & Real Estate MaUers\PLATNM\Legacy {Earlham)\PUD Ordinance 12t906.doc
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
East Carmel, LLC., the contract purchaser of the real estate located in Hamilton County,
Indiana, and described in what is attached hereto and incorporated herein by referenced as
Exhibit "A" (the "Real Estate"), makes the following Commitments (the "Commitments")
applicable to the Real Estate, to the Plan Commission and Common Council of the City of
Carmel, Indiana.
Section 1. Definitions. Different words and terms are defined throughout these
Commitments and, further, the following definitions shall apply throughout these Commitments:
1. City - "City" shall mean and refer to the City of Carmel, Indiana.
2. Common Council- "Common Council" shall mean and refer to the Common Council
of the City of Carmel, Indiana.
3. Developer. East Carmel, LLC, its successors and assigns.
4. Drawing - The "Drawing" shall mean and refer to the drawing which is attached
hereto and incorporated herein by reference as Exhibit "B"
5. Heavy Construction Trucks and Equipment - "Heavy Construction Trucks and
Equipment" shall mean and refer to (i) semi-tractors and trailers, (ii) tri-axle trucks,
(iii) trucks used to haul or transport construction equipment, development equipment,
and development materials, such as wood, asphalt, or concrete, and (iv) bulldozers,
earth moving equipment, and cranes.
6. The Legacy Ordinance - "The Legacy Ordinance" shall mean and refer to Ordinance
Number enacted by Common Council
7. Plan Commission - "Plan Commission" shall mean and refer to the Plan Commission
of the City of Carmel
Section 2. Commitments Applicable to the Real Estate. The following commitments are
applicable to the Real Estate:
1. Signs- Prior to the commencement of development pursuant to the Legacy
Ordinance, the Developer (i) shall confer with the City's Department of Engineering
with respect to signage which will direct the operators of Heavy Construction Trucks
and Equipment away from entering and exiting the Real Estate through existing
residential subdivisions, from entering the Real Estate by traveling north on River
Road, and from traveling south on River Road after exiting the Real Estate and (ii)
subject to the granting of any necessary approvals, install such signs in the areas
indicated on the Drawing and/or such other areas internal to the Real Estate as
recommended by the City's Department of Engineering.
2. Duration - The signs made the subject of paragraph one (1) above shall remain in
place until the substantial completion of the initial construction and development of
the Real Estate pursuant to the Legacy Ordinance, or until the Plan Commission
approves the removal of the said signs.
Section 3. Hindine: on Successors. These Commitments are binding on the Developer, each
other person acquiring an interest in the Real Estate, unless modified or terminated by the
Commission. These Commitments may be modified or terminated only by a decision of the Plan
Commission. The provisions of this Section 3 notwithstanding, these Commitments shall
terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) on the City's
Official Zone Map.
Section 4. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
1. The enactment of the Legacy Ordinance; and
2. The commencement of the development of the Real Estate pursuant to the Legacy
Ordinance.
Section 5. Recordine:. The undersigned hereby authorizes the Secretary of the Plan
Commission to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
Section 6. Enforcement. These Commitments may be enforced by the Common Council or the
Plan Commission.
IN WITNESS WHEREOF, DEVELOPER has caused these Commitments to be executed as of
the date first written above.
EAST CARMEL, LLC
By: Platinum Properties, LLC,
By:
Paul Rioux, Jr.
President
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Paul Rioux, Jr., President of Platinum Properties, LLC, an Indiana limited liability
company, Manager of East Carmel, LLC, an Indiana limited liability company and
acknowledged the execution of the foregoing Commitments this _ day of
2007.
Witness my hand and Notarial Seal this
day of
,2006.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3105 East 98th Street,
Suite 170, Indianapolis, Indiana 46280 (317) 844-0106.
Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law -
Charles D. Frankenberger
EXHIBIT" An
Legal Description
A part of the East Half of the 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 146th 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; (1) 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 of 688.98 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 of 119.41 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; (1) South 21 degrees
14 minutes 47 seconds West a distance of 243.57 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 of 99.76 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 of 213.74 feet; (10) South 59 degrees 38 minutes
43 seconds West a distance of 416.86 feet; (11) South 59 degrees 26 minutes 13
seconds West a distance of 210.95 feet; (12) South 59 degrees 08 minutes 15 seconds
West a distance of 205.20 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 of 257.68 feet;
(15) South 47 degrees 01 minutes 38 seconds West a distance of 316.41 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 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 of 2114.73 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 said Southwest Quarter also the Southeast Corner 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 Corner of said East Half; thence North 00 degrees 02 minutes 32 seconds
West along the west line of said East Half a distance of 2610.79 feet to the southerly
right-of-way of 146th 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 of 2161.67 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 corner 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 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 146th Street and
River Road (the following eight courses being along the southerly right-of-way of 146th
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); (1) thence South 03
degrees 25 minutes 34 seconds West a distance of 868.05 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 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 of 258.32 feet; (5) thence North 34
degrees 37 minutes 42 seconds East a distance of 27.30 feet to the Point of Beginning,
containing 95.82 acres, more or less. Total area containing 509.234 acres, more or less.
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Stephen A. Backer
B.C. Calabrese
Jeffry Carter
Joseph Miller
Gregory W. Phillips
Superintendent of Schools
School Board 01 Trustees
Barbara Underwood, Ed.D.
Assistant Superintendents
Libbie Conner, Ed.D., Curriculum & Instruction
Roger McMichael, M.B.A., Business Affairs
Steven Stephanoff, Ed.D., Human Resources
September 13, 2006
Pittman Partners
Steve Pittman
PO Box 554
Carmel, IN 46082
Re: Proposed "Legacy" Development
Dear Steve:
I am writing as a follow up to our telephone conversation of September 12, 2006. As we
discussed, members ofthe school administration have reviewed your proposed "Legacy"
project with regards to the number of students which may live in the development.
Weare not professional demographers, however our best estimate is the development
might result in approximately 300 additional students. Based on our most recent
demographic study your development would not result in the need for an additional
elementary school. Further, if the project did contribute to additional student enrollment
that would have a positive influence on our school funding.
Best wishes on your proposed pro'
RM:jm
Carmel Clay Schools-Continuing Excellence in Education
5201 East 131st Street, Carmel, IN 46033
Telephone: 317/844-9961 Fax: 317/844-9965
Web: www.ccs.k12.in.us
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Exhibit 1.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
Exhibit 7.
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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
Larger Detached Dwellings
A. Development and Architectural Standards
B. Character Illustrations
Smaller Detached Dwellings
A. 'Development and Architectural Standards
B. Character Illustrations
Attached Dwellings and Apartments
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 10. Commercial Buildings
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A. Development and Architectural Standards
B. Character Illustrations
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Exhibit 11. Corner Use Block
A. Character Illustrations
Exhibit 12. CCRC Multi Unit Building
A. Development and Architectural Standards
B. Character Illustrations
Open Space Character Illustrations
Use Table
Typical Street Lighting
Typical Residential Area Signage
River Parcel Legal Description
Streetscapes
A. 146th Street Frontage Road Streetscape
B. Main Street Streetscape
Exhibit 13.
Exhibit 14.
Exhibit 15.
Exhibit 16.
Exhibit 17.
Exhibit 18.
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EXHIBIT 1
Legal Description
A part of the East Half of the 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 Comer 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 146th 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; (1) 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 of 688.98 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 of 119.41 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; (1) South 21 degrees 14 minutes 47 seconds West a
distance of 243.57 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 of 99.76 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 of 213.74 feet; (10) South 59 degrees 38 minutes 43
seconds West a distance of 416.86 feet; (11) South 59 degrees 26 minutes 13 seconds West a distance
of 210.95 feet; (12) South 59 degrees 08 minutes 15 seconds West a distance of 205.20 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 of 257.68 feet; (15) South 47 degrees 01
minutes 38 seconds West a distance of 316.41 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 comer 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 feet to the northeast comer of said land; thence North 89 degrees 45 minutes 37
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seconds West along the north line of said land a distance of 2114.73 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 Comer of 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 Half a distance of 2610.79 feet to the southerly right-of-way of 146th 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 of 2161.67 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 seconds
West (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 ofthe 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 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-at-way North 89 degrees 25 minutes 33 seconds
East a distance of 115.74 feet to the middle of White River (the tollowing two courses being along the
middle ot White River); (1) thence South 03 degrees 25 minutes 34 seconds West a distance of 868.05
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 at 3212.80 feet to the easterly right-at-way of River
Road per said Instrument No. 200100065741 being a point on a non-tangent curve to the right having a
radius at 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 ot 507.62 feet to a point which bears South 89 degrees 52 minutes 19 seconds East tram said
radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance at 258.32 feet; (5)
thence North 34 degrees 37 minutes 42 seconds East a distance of 27.30 feet to the Point of Beginning,
containing 95.82 acres, more or less. Total area containing 509.234 acres, more or less.
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LEGEND (Use Blocks):
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Village Core (VC)
Comer Use Block (CU)
Open Space (OS)
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Exhibit 2: Concept Plan
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Existing Multi-Purpose Path
Proposed Primary Multi-Purpose Path
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Topography (Primary Slopes)
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Botany (Primary Woodlands)
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Proposed Primary Street:
Street Type A
Street Type B
Street Type C
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.Note: connections shown along 146th
Street require the approval of Hie
Hamilton County Highway Department.
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PAVEMENT SECTION #1
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PAVEMENT SECTION #2
PAVEMENT SECTION #3
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Pavement Section Types
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PREPARED FOR: EAST CARMEL, llC
PREPARED BY: PlATINUM PROPERTIES, llC
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PLAN VIEW
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Street Type A, With Pavement Section 1
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2' CURB & GUTTER
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TYP. PARKING STRII'ES
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TRAva LANE
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PlNI VIEW
50' PUBLIC RO.W.
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NOTES;
1. A 1RANSITION W1ll BE MAIlE FROM THE EXISTING CHEIUn' CREEK IIOUl.EVARDQlOSS.SECTlON TOMAIlOVE SECnOIlAMAXIIlUM OF 1,500 FEET FROM THE WES19lH IIOUNIlARY OF THE LEGACY DEVELOPMENT.
2. NO DESIGNATED IWlKING REQUIRED WHERE LOTS DO NOT FRIlIITM I'U8lJC RIGHT-of-WAY.
Street Type B I with Pavement Section 2
Sect. Through Divided R.O.W., w/1-Sided Designated Parking
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PREPARED FOR: EAST CARMEL. LLC
PREPARED BY: Pl.ATlNUM PROPERTIES, LLC
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Street T~e C, with Pavement Section 1
. . ... .. ., . PREPARED FOR" EAST CARMEL LLC
Section hrough Main Street, w/2-Slded DeSignated Parking PREPARED BY: PLATINUM PROPERllES:LLC
'1 CURB & GUTTER
CENTERLINE STRIPE
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ELEVATION VIEW
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Street Type D, with Pavement Section 1
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PIAN VIEW
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Street Type E, with Pavement Section 1
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PREPARED FOR: EAST CARMEL, LLC
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PLAN VIEW
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PREPARED FOR: EAST CARMEL, liC
PREPARED BY: PLATINUM PROPERTIES. LLC
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Street Type G, with Pavement Section 1
Plan Detail of Promenade at North Intersection
PREPARED FOR: EAST CARMEL, LLC
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The Legacy
Street Standards
The following standards shall apply to The Legacy:
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1. Pavement sections shall be as shown on the following sheet titled
"The Legacy - Pavement Section Types".
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.
4. The minimum horizontal centerline radius for Cherry Creek
Boulevard shall be 400 feet. The minimum horizontal centerline
radius for all other public streets shall be 100 feet.
5. The minimum tangent between reverse curves for Cherry Creek
Boulevard shall be 100 feet. The minimum tangent between reverse
curves for all other public streets shall be zero (0) feet.
6. The minimum curb radius at an intersection for public streets shall be
20 feet with a right-of-way radius of 10 feet with the exception of
public streets within the Urban Residential, Primary Office, and
Village Core Use Blocks where the minimum right-of-way radius is
zero (0) feet..
7. The minimum curb radius at an intersection with a public street for
alleys, private streets, frontage places and/or curb cuts shall be 5 feet
8. The minimum cul-de-sac radius to back of curb for public streets
shall be no less than 38 feet.
9. The maximum length of a cul-de-sac street shall not exceed 750 feet.
10. Concrete sidewalks shall be a minimum of five (5) feet wide, 4 inches
thick, placed on grade.
11. Asphalt walking, bike and multi-purpose 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.
12. The use of "Permeable Pavers" may be used in alleys, parking lanes,
parking lots, crosswalks and/or gutters at Developer's discretion.
13. Concrete infrastructure cure time shall be at Developer's discretion.
14. Placement of asphalt pavement during cold weather conditions shall
be in accordance with INDOT specifications.
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The Legacy
Street Standards
Page 2 of2
15. The minimum separation between the centerline of successive
existing and proposed entrances/intersections on River Road shall be
300 feet.
16. The minimum separation between the centerline of successive public
right-of-ways within the Legacy District shall be 150'. Alleys,
private streets, frontage places, one-way pairs, and curb cuts are
exempt.
17. The minimum separation between the centerline of a residential
driveway and the centerline of the right-of-way of an adjacent public
street shall be 55'.
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EkBIT 7
SITE REQUIREMENT MATRIX - LARGER DETACHED DWELLINGS
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DEVELOPMENT STANDARDS
Minimum Lot Minimum Minimum Lot Minimum Minimum Minimum Minimum Maximum Minimum
Width at Lot/Parcel Frontage at Front Yard Side Yard Aggregate Rear Yard Building Square
Building Line Size Street Setback] Setback Side Yard Setback Height Footage2
Setback
90 ft. 12,000 sf. 40 ft. 20 ft. 5 ft. 20 ft. 20 ft. 35 ft. 2400 sf.
ARCHITECTURAL STANDARDS
Permitted Required Garage Type Chimneys Porch Roofline Fences
Building Window
Materials OveninfZs
Masonry, 2 per level, per Court-, side-, or front- Masonry, At least six feet Primary roof Fences shall not
Wood, fac;ade.3 All loading. Front loading extended fully deep, consistent shall have be chain-link or
Cementitious windows shall garages must be recessed to ground and materials/desi3n 6/12 pitch.6 coated chain-link.
Board be fully framed at least 3' back from the above ridgeline 4 with Dwelling 12" overhang
and trimmed primary front fac;ade of after
the Dwelling. All garages installation of
shall be a minimum of a siding.
two (2) car garage, and
tandem garages are
prohibited.
Legend
ft. - Feet
sf. - Square Feet
1 Provided. however. that the front yard setback for Dwellings with rear loaded garages shall be 15 ft. and the front yard setback for Dwellings with courtyard garages
shall be 25 ft.
2Exclusive of porches. terraces. and garages.
3Provided. however. that (i) windows shall not be required on the sides of front loaded garages and (ii) a vent may be substituted for a window on a gable.
4Provided. however. that chimneys which protrude from inside the Dwelling may also have cementitious board as their exterior building material.
5Porches are not required on all Dwellings. If no porch is provided. the entryway should be covered and deep enough to provide shelter at the front door. as well as
r,rovide an appropriate and adequate level of detail.
In order to permit diversity in architectural style. this requirement shall apply only to a majority of residences.
H:\brild\Zonln~ & Real Estal!' Malters\PLATNM\Legaey (Earlham)\5 Matrices 121906\Ulrger DwellinR Matrix.dof.
Exhibit 7
Larger Detached Dwellings
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LJIT 8
SITE REQUIREMENT MATRIX - SMALLER DETACHED DWELLINGS
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DEVELOPMENT STANDARDS
Minimum Lot Minimum Lot Minimum Lot Minimum Front Yard Minimum Side Minimum Rear Yard Maximum Minimum Square
Width at Building Size Frontage at Street Setback Yard Setback SetbaclC Building Height Footage3
Line]
80 ft. 8,000 sf. 40 ft. 10 ft .for Dwellings 3ft. 6 ft. for Dwellings with 35 ft. 1,700 sf.
with an Alley in the an Alley in the rear, and
rear, 20 ft. for 20 ft. for Dwellings
Dwellings with a with a driveway in the
courtyard side-entry front yard.
garage, and 25 ft. for
all other Dwellings.
70 ft. 7,000 sf. 30 ft. See above. 3 ft. See above. 35 ft. 1,400 sf.
60 ft. 6,000 sf. 30 ft. See above. 3 ft. See above. 35 ft. 1,400 sf.
51 ft. 5,000 sf. 30 ft. See above. 3 ft. See above. 35 ft. 1,400 sf.
50 ft. Alley- 2,625 sf. 25ft.. 10 ft. 3 ft. 6 ft. 35 ft. 1,200 sf.
accessed
40 ft. Alley- 2,625 sf. 25 ft. 10 ft. 3 ft. 6 ft. 35 ft. 1,200 sf.
accessed
30 ft. Alley-
accessed 2,500 sf. 25 ft. 10 ft. 3ft. 6 ft. 35 ft. 1,200 sf.
ARCHTTECTURALSTANDARDS
Permitted Building Required Window Garage Type Chimneys Porch6 Roojline Fences
Materials Ovenin$!s
Masonry, Wood, 2 per level. per Court-, side-, or front-loading. Masonry, extended At least six feet deep, Primary roof Fences shall not be
Cementitious fa~ade. 4 All Front loaded garages must be fully to ground, consistent shall have 6/12 chain-link, or
Board windows shall be recessed at least 3' back from above ridgeline5 materials/design with pitch.712" coated chain-link.
fully framed and primary front fa~ade of house. overhang after
trimmed. Dwellings. Detached CCRC installation of
Cottages are permitted to have siding.
one (1) car garages, and all other
Smaller Detached Dwellings
shall have a minimum of a two
(2) car garage.
IDwellings on Lots which are less than or equal to 50 ft. in width at the building line must be alley accessed.
2For Dwellings on Alleys, the rear yard setback is measured from the edge ofthe Alley closest to the Dwelling.
3Exclusive of porches. terraces, and garages.
4Provided, however, that (i) windows shall not be required on the sides of front loaded garages and (ii) a vent may be substituted for a window on a gable.
5Provided, however, that chimneys which protrude from inside the Dwellings may also have cementitious board as their exterior building material.
6Porches are not required on all Dwellings. If no porch is provided, the entryway should be covered and deep enough to provide shelter at the front door, as well as provide an appropriate and
adequate level of detail.
7In order to permit diversity in architectural style, this requirement shall apply only to a majority of Dwellings,
Legend
fl. - Feet
sf. - Square Feet
11:\hrnd\Zonlng & Real Estate Malters\PLATNM\Legacy (Earlham)\5 Matrices 121906\Smaller Dwelling Matrlx.dnc
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Exhibit 8
Smaller Detached Dwellings
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EXHIBIT 9
SITE REQUIREMENT MATRIX - BUILDINGS CONTAINING ATTACHED DWELLINGS AND APARTMENTS
DEVELOPMENT STANDARDS
Maximum Minimum Minimum Minimum Perimeter Minimum Distance
Height of Floor Area per Front Yard Yard Between Buildings
Buildinf!s Unit
60 ft. 750 sf. Oft. Oft. 10 ft.
ARCHITECTURAL STANDARDS
Permitted Building Required Window Parking Wall Planes Porch/Entryways Roojline
Materials Oveninf!s
Masonry 2 per level, per Covered parking Walls shall not Stoops should be Rooflines shall not have
(excluding stucco, exposed fac;ade. I must match primary have unbroken covered to provide unbroken lines greater
synthetic stucco, All windows shall building materials. planes greater shelter. Individual than sixty (60) feet in
and EIFS), pre-cast be fully framed Parking lots shall than sixty (60) porches, balconies, length. If flat roofs are
concrete and and trimmed. be landscaped, and feet in length. stoops, or similar used, a rooftop amenity
cementitious board Skylights and provide pedestrian nits may be outdoor spaces are such as a deck or garden
as primary material light wells in access to and within differentiated encouraged, on the should be installed.
on first floor other internal corridors the Attached by plane and front and/or the rear
sidings (excluding are encouraged. Dwelling and material of the building.
vinyl) are Windows should Apartments. uest changes, and
permitted on upper be staggered to parking should be separate
floors. oreserveorivacy. clearly marked. entrances.
lA vent may be substituted for a window on a gable.
Legend
ft. - Feet
sf. - Square Feet
H:\brad\Zonln~ & Real EstillI' Malters\PLATNM\Legacy (Earlham)\5 Matrices 121906\i\llached Dwelling Malrix.doc
Exhibit 9
Attached Dwellings and Apartments
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EXHIBIT 10
SITE REQUIREMENT MATRIX - COMMERCIAL BUILDINGS
DEVELOPMENT STANDARDS
Minimum Minimum Maximum Minimum Minimum Minimum Minimum Maximum Minimum Square Maximum
Lot/Parcel Lot/Parcel Front Side Yard Rear Yard Lot Width Building Building Footage Parcel
Area at Frontage Yard Setback Setback at Height Height Coverage
Street Setback Building
Line
N/A N/A 15 ft. Oft. 5 ft. N/A 1 story 60 ft. N/A N/A
unless
otherwise
specified
in the
Legacy
Ordinance
ARCHITECTURAL STANDARDS
Permitted Building Required Window Parking Wall Planes Signage Roojline Screening
Materials OpeninfZs
See following Windows shall be The bulk of Walls shall not See signage Rooflines shall All dumpster
pages. pedestrian scale. parking have unbroken provision within not have enclosures,
Storefronts should should be planes greater than Legacy PUD. unbroken lines loading docks,
maximize provided sixty (60) feet in Signs handled in greater than etc. shall be
transparency and behind and to length. Units a creative sixty (60) feet screened by an
have appropriate the sides of within buildings manner, such as in length. enclosure
signage and the building. may be painted walls, constructed with
lighting. Some parking differentiated by may also be matching
may be plane and material considered. materials
provided on- changes, and
street. separate entrances.
Note - Additional Architectural Standards are on next pages.
Legend
ft. - Feet
sf. - Square Feet
N/A - Not Applicable
It:\llI'ild\lUllillg 1<l1~I'<lII':SliHI' MtllldS\PIAI.NMII,('!o:(Icy (1':llrllllllll)\5 Matrires l<!l!:lOG\CUltllHl'ITi<l1 M,llfix.dUl
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EXHIBIT 10 CONTINUED
COMMERCIAL BUILDING ARCHITECTURAL STANDARDS
1. Introduction
The architectural standards in this section describe exterior Building elements and Building
composition that are appropriate for a mixed-use, pedestrian-scaled traditional neighborhood.
These standards are not presented as subjective value judgments of style and architectural
preferences, but instead are intended to illustrate the basics of architectural design that will give
the Legacy District a diverse, yet complementary set of Buildings that work with the streetscape
and urban design of the community. Individual Buildings should be designed so as to contribute
to the overall character of the Legacy District. The intertwining of community architectural
design values and individual architectural contributions will ensure compatibility, authenticity,
and quality within the Legacy District as a whole.
The standards contained in this Exhibit 10 are based on traditional design principles pertaining to
overall massing, proportions, and the contextual relationship to the street and neighboring
Buildings. The architectural design standards establish consistent design elements ensuring its
"timeless" character, while allowing flexibility for a diversity of architectural expressions.
2. Building Design
A. Building Design Standards
Buildings shall be generally oriented parallel and perpendicular to the street. Flexibility
shall be permitted in Building orientation to provide for maximum sun exposure to the
street and open spaces, or as the street layout dictates.
Pedestrian scale detailing shall be provided on the front elevation of the Building at the
ground level.
End or corner segments of Buildings should generally have an additional level.
decorative articulation or roof detail.
The first floor and all other floors shall have a coordinated composition, which will
usually be indicated by the alignment of upper floor windows and other features with
openings and features of the first floor.
In Buildings which contain ground-floor commercial uses and which are not located in
the Corner Use Block, the ground floor should generally be at least 12 feet to 14 feet high
and should be of a greater height than the upper floors.
Continuous facades more than sixty (60) feet wide shall be designed with vertical offsets
at intervals which evenly divide the facade into halves, thirds, or quarters, etc., or shall be
designed at intervals not less than sixty (60) feet, whichever is less. These offsets may be
projecting, recessed, or may be a simple change in Building material or detailing.
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B. Fences and Screening
Fence construction along the front facade shall be decorative, such as wrought-iron style,
decorative wood. or a courtyard wall.
Ground level mechanical/telecommunication equipment visible from a public street shall
be screened with suitable landscaping, walls, or fencing in general architectural
compatibility with the Building(s) with which it is associated.
Rooftop mechanical/telecommunication equipment shall be fully screened on all sides
using parapets. penthouse screens or other similar methods which are integrated into the
overall Building design.
C. Materials
The visual appeal of a Building's materials has a tremendous impact on the perception of
its quality. High-quality, robust and tactile finish materials project feelings of warmth,
permanence, and timelessness. The relationship and use of materials, textures, details and
color of a new Building's principal facades shall be visually compatible with and similar
to those adjacent Buildings or shall not contrast conspicuously. Durable materials are
especially critical at the street level where pedestrian contact will be considerable.
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Exterior materials shall be durable and of high quality. such as Masonry, pre-cast
concrete, concrete block, face brick, poured concrete. split face, scored split, scored
smooth, or fluted masonry units, Quick Brick (brick look type Concrete Masonry Units),
and high-quality siding of wood or fiber-cement. Non-durable materials such as thin layer
synthetic stucco products shall not be used within eight (8) feet of the ground.
The first floor and upper floors may be composed of different materials.
The materials in the rear of the Building must be coordinated with the front facade,
although they may be different.
Front and side facades of Buildings located on corner lots shall be of the same materials
and similarly detailed.
Appropriate materials for the following Building elements are as follows
. Windows: wood, vinyl clad wood, vinyl, anodized aluminum,
aluminum-clad wood.
. Doors: wood, anodized aluminum, faux wood, steel (security doors).
. Trim: wood, synthetics.
. Visible roofing: standing seam metal, zinc, architectural asphalt shingles.
slate and high-quality synthetic slate, tile, and wood shake.
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Exterior walks, steps, stoops and paving shall be masonry or stone pavers, or poured or
pre-cast concrete. Exterior stair handrails and other stair details shall be stone, pre-cast
concrete, wrought-iron style. wood. simulated wood products, or another decorative
material.
3. Windows
A. Window Standards
All window design shall be architecturally compatible with the style. materials. color.
details and proportion of the Building. The number of panes, the way the window opens.
the trim around it and whether it is embellished with shutters must be consistent with the
architectural style of the structure.
Windows should be provided on all facades. Exceptions shall be made for certain
architectural styling, faux windows (such as "trompe l' oeW), and other details that
imitate windows in locations where actual windows are not appropriate; provided.
however. that any such techniques shall be architecturally compatible with the style.
materials. color, details and proportion of the Building. Appropriate techniques do not
include the use of shutters without glass, or the use of spandrel glass at the street level.
Windows shall generally be vertically proportioned.
Windows shall be rhythmically spaced in a pattern compatible with the form of the
Building. Where Buildings are located on corners, the window style and details shall
complement the facades on the facing streets.
Windows shall be recessed in their openings and not flush mounted with the wall. and
shall appear as individually "punched" through the wall rather than as adjacent windows
separated by frames.
At street level. glazing shall be clear or slightly tinted glass (not opaque nor highly
reflective) .
Metal screens or bars shall not be permitted to cover window openings.
Special windows are allowed (ovals, hexagons. etc.) as accents.
For Buildings which are intended to have ground-floor commercial uses and which are
not located in the Corner Use Block, at least sixty percent (60%) of the total area of the
first floor facade (up to the line of the second floor elevation) shall be transparent vision
glass. Upper floors of Multi-Story Buildings should have 20-40% transparency.
B. Shutters
Where appropriate to the design of a Building. paneled or louvered shutters shall be
provided on all windows visibly exposed to a street or common open space.
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Shutter style shall match the window and architectural style of the Building, and shall be
sized to match actual window dimensions.
Single shutters shall not be used on double or larger windows.
Shutter materials should generally be wood, fiberglass, or a high-quality composite.
Plastic shutters are not permitted.
Shutters shall either be operable or appear to be operable through the use of non-visible
fasteners that create a slight projection where the shutter is affixed to the outer edge of
the window.
4. Entrances
Primary entrances shall be defined and articulated by elements such as lintels. pediments.
pilasters, columns. porticos. porches. canopies. and other design elements appropriate to the
architectural style and details of the Building as a whole.
A corner entrance is permitted at corner Buildings to improve visibility and pedestrian
circulation. and to accentuate the corner. Corner entrances should be angled to address both
streets.
Entrances to upper floors shall be clearly distinguished from storefront entrances through
differentiated architectural treatment and materials.
Anodized metal. bright aluminum. or stainless steel frames, or fully glazed (frameless) doors
shall be avoided. Finished frames may be metal with black anodized or painted finish (only
"wide stile" frames). however. painted. stained. or varnished wood is preferable.
5. Roofs and Cornices
A. Cornices and Parapet Walls
1. There shall be articulation and detailing where the roof meets the wall. including
cornices. eaves or rakes. Moldings. brackets. and finials can be used as special
elements added to the cornice.
2. Flat roofs should have a parapet wall or similar decorative feature on the Building's
front and sides.
3. In larger scale Buildings. extended parapets. projecting cornices. pitched or slope
roofs. or decorative moldings of fourteen (I4) inches or more are required to give the
roof/cornice proper visual weight and proportion to the Building.
4. Important architectural features. such as the cornice lines. shall be aligned from
Building to Building provided. however. that there should be adequate variation to
allow for an organic quality to the architecture without detracting from the coherence
of the street wall.
U B. Roof Shape
1. Traditional roofs are typically "flat" (sloped 1" -in-12" or less) hidden behind parapet
walls. However, some sloped roofs. including gable, hipped, and shed roofs are also
acceptable if sloped between 4" -in-12" and 12" -in-12". Mansard, gambrel. and
domed roofs shall adhere to traditional forms and proportions. False roofs are
generally inappropriate and should only be used in limited situations. In general.
architectural solutions shall be used to best conceal mechanical equipment,
particularly in rooftop applications.
2. Sloped roof heights from eave to peak shall not exceed the height from grade to eave
(the roof shall not be taller than the Building wall supporting the roof).
3. On corner sites, the roof and cornice design shall be appropriate for both corner sides
of the Building.
C. Roofing Color
Visible roof materials should be muted in color (dark reds, browns and earth-tones,
natural metal colors including aluminum, dark anodized aluminum, zinc, tin and lead).
White. bright, non-fading and high intensity colors, multicolored and bright metal
finishes are inappropriate on visible rooftops. However, colors should be considered in
the context of the effect of heat absorption, especially on flat roofs.
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D. Mechanical Equipment and Appurtenances
1. The form of the roof or cornice shall hide mechanical equipment and roof
penetrations, such as plumbing stacks and vents, from view from streets and
sidewalks.
2. Downspouts can be used where appropriate for the architectural design of the
Building.
3. Gutters and downspouts should be located to respect the architectural lines of the
Building and shall not be affixed to columns or other prominent Building elements.
4. Downspouts shall be oriented so as to not discharge water into pedestrian areas.
6. Accents and Projections
A. Bays and Projections
1.
2.
3.
4.
U 5.
Steps, stoops, porches, chimneys and bay windows may extend into yard setbacks up
to the property line.
Bay windows and storefronts are permitted to project three (3) feet from the main
Building fa~ade.
Bay windows shall be vertically proportioned and shall tightly frame an appropriately
sized and styled window.
Overhangs and eaves shall be shallower than the main roof form and be consistent on
all sides.
Cornices and eaves shall have a maximum projection of four (4) feet or 15% of the
Building height, whichever is less.
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6. Awnings, canopies, cornices, eaves, balconies and Building-mounted signage may
extend into yard setbacks and any rights-of-way, subject to the review and approval
of the Director, but shall not exceed the width of the sidewalk or multi-use path
below. The lowest portion of any projection extending into a right-of-way shall be a
minimum of eight (8) feet from the ground level in order to provide clear passage for
pedestrians and bicyclists.
B. Towers and Vertical Elements
1. Towers and vertical elements are encouraged on prominent Buildings, particularly
those that serve as street or view corridor terminus.
2. Any vertical Building elements shall be compatible with the design of the Building as
a whole. Towers and vertical elements should not overpower a Building fal;ade and
shall be used only as an accent in special locations.
3. Height requirements for Buildings may be waived for vertical Building appurtenances
such as chimneys, spires, turrets, cupolas, belfries, and towers designed for functional
or ornamental purposes to articulate the design of a Building, especially if appropriate
to a special Building type or historically-based style.
C. Balconies
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1. The use of flower boxes and plantings is encouraged on balconies and windows.
2. Deeper balconies that are intended to be usable may have simple awnings, canopies,
or trellises.
3. Balcony railings shall be designed for transparency so that the Building wall can be
seen from the street.
D. Awnings
1. Fixed or retractable awnings are permitted if they complement a Building's
architectural style, material, color, and details; do not impair facade composition; and
are designed as an integral part of the facade.
2. Awnings shall be covered in natural cloth fabric like canvas (not vinyl). Metal,
aluminum or plastic awnings are not permitted, provided, however, that high-quality
decorative metal elements that mimic awnings may be permitted in commercial areas
if they are consistent with the Building design and area character.
3. In Buildings with multiple storefronts, compatible awnings shall be used as a means
of unifying the structure.
4. Oversized and continuous awnings are not permitted.
5. Backlit or glowing awnings or canopies are not permitted.
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Exhibit 10
Commercial Buildings
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EXHIBIT 12
SITE REQUIREMENT MATRIX - CCRC MULTI-UNIT BUILDING
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DEVELOPMENT STANDARDS
Minimum Minimum Minimum Rear Yard Maximum Maximum Gross Minimum Side Maximum
Tract Area Front Yard Setback Parcel Floor Area Yard Setback Building
Setback Coverage Height-CCRC
Detached
Dwellinf!
10 acresl 10 ft. 5 ft. 40% N/A 5 ft. 35 ft.
ARCHITECTURAL STANDARDS
Permitted Building Required Window Parking Wall Planes Porch/Entryways Roojline Open Space/
Materials Oveninf!s Green Svace
Masonry (excluding 2 per level, per Covered parking Walls shall not Stoops should be Rooflines shall Full connectivity
stucco, synthetic exposed far,:ade2. must match have long, covered to provide not have long, to the rest of the
stucco, and EIFS) , All windows building unbroken shelter. Individual unbroken lines. project should be
precast concrete and shall be fully materials. planes. Units porches, balconies, If flat roofs are provided.
cementitious board framed and Parking lots shall may be stoops, or similar used, a rooftop Amenities such
as primary material trimmed. be landscaped, differentiated outdoor spaces are amenity such as a as benches,
on 151 floor; other Skylights and and provide by plane and encouraged,onthe deck or garden individual garden
sidings (excluding light wells in pedestrian access material front and/or the should be plots, and internal
vinyl) are permitted internal corridors to and within the changes,and rear of the installed. walking paths
on upper floors. are encouraged. attached separate structure. should also be
Windows should residential area. entrances. Entryways should provided.
be staggered to Guest parking be clearly
preserve privacy. should be clearly delineated.
marked.
Legend
ft. - Feet
sf. - Square Feet
1 Dedicated land for additional right -of-way along existing streets as part of an application for approval of a CCRC shall be counted as part of that minimum tract area.
Minimum tract area may also include contiguous lands in adjoining zones if such lands are restricted to undisturbed open space.
2 A vent may be substituted for a window on a gable.
Il:\hrad\Zonin~ & Real Estate MaUers\PLATNM\Legac:y (Earlham)\5 Matrices 121906\CCRC Matrlx.doc
Exhibit 12
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"",. Open Space Character Illustrations
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NOTE: The uses specified below which are
not defined in the Legacy PUD shall have the
meaning, if any, ascribed to them in the Zoning
Ordinance.
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EXHIBIT 14 - USE TABLE
LEGEND
P = Permitted
Blank = Not Permitted
SU = Special use
SR = The Suburban Residential Use Block
NR = The Neighborhood Residential Use Block
UR = The Urban Residential Use Block
LEGEND - CONTINUED
PO = The Primary Office Use Block
VC = The Village Core Use Block
CU = The Comer Use Block
OS = The Open Space Use Block
Residential Uses
Lar er Detached Dwellin s
Smaller Detached Dwellin s
Attached Dwellin s - For Sale
Apartment/Apartment Complex
Accesso Dwellin s
Home Occu ation
Bed & Breakfast Inn
N u rsi ng/Reti rement/Convalescent
Facilit /CCRC
Loft and Loft Model
Amenit Area
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p p p p
p p p
p p p p
p p p
su p p p
p p p p p
p p p p
p p p
p
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p
Office Uses
Clinical or Medical Health Center
Research Laborator or Facilit
General Offices
Professional Offices
Trainin Facilit
SR
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Institutional Uses
Church/Tem Ie/Places of Worship
Hos ital
Sur ery Center
Ur ent Care Facilit
Rehabilitation Facilit
Physical/Occupational Care
Libra
Post Office
Public Service Facilit
Retail & Service Uses
General Retail Sales
General Service
Automobile Service Station/Gas Station
Automobile/Truck Re air indoor
Cafe
Commercial Kennel
o Cleanin Establishment
Car Wash
SR
SU
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SR
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Wholesale Sales
Cultural/Entertainment Uses
Art Galle
Art & Music Center
Hotel
Hotel full service
Indoor Theater
Meetin or Part Hall
Museum
SR
p
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Recreational
Commercial Recreational Facility, Indoor
SR
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Commercial Recreational Facilit , Outdoor
Communit Center
Health/Fitness Facilit
Private Club or Lodge
Private Recreational Facilit
Park, Public
p p
p p p p
p p p p
p p
p p
p p p p p p p
Miscellaneous
Artificial Lake or Pond
Commercial Parkin Lot
Commercial Parkin Structure
Private Parkin Structure
SR
p
p
p
p
p
p
p
Tempora Uses SR
Construction Facilit p p p p p p
Displa ,Outdoor p p p p
Model Homes P p P P P P
Outdoor Theatre p P P
Sales, Outdoor p P P
Sales, Seasonal Outdoor p p p
S ecial Event, Outdoor p p p
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Trans ortation & Communication Uses
Antenna
Collocated Antenna
Radio and/or Television Studio
Radio/Television Transmission Antenna
Wireless Telecommunications Antenna
PO
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] 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)
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THE LEGACY
CONCEPTUAL TYPICAL LIGHTING PLAN - NON-RESIDENTIAL
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THE LEGACY
CONCEPTUAL TYPICAL LIGHTING PLAN - RESIDENTIAUBOULEVARD
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TYPICAL TRAFFIC AND STREET SIGN
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PITTMAN PARTNERS
1 t71 1 N PFNNSYLVANlAAVE. Sl;;ITF. 260
CARMEL IN 46032
P:317.5736692
F: 317.580,9786
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EXHIBIT 15
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CONCEPTUAL
LIGHTING AND
TRAFFIC/STREET
SIGN PLAN
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A PLANNED UNIT
DEVELOPMENT
CARMEL, INDIANA
-
PROJECT: 00510
DRAWN: JML.
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CHECKFO. JML
SCALE AS SHOWN
ISSUEOA-:-E:: 03.21.06
H:e:v;SION: 05.16.06
10,31 ,06 UCH'TlNG
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11711 N. PENNSYLVANIA AVE. SUrrE260
CARMEL-IN 46032
P: 317.573.6692
F:317.580.978e
E-MAIL: WWW.prrrMANPARTNERS.COM
- -
ExHIBIT 16
TYPICAL RESIDENnAL
AREA SIGNAGE
- -
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LEGACY
FENCE AND COLUMN
-
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112'-1'-0'
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NEIGHBORHOOD S1GI<AGE
CAST STONE CAP
STOI\'E PANELS \\1TH INSET
CAST STONE MEDAWON. TYP.
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CER1lFICA liON
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A PLANNED UNIT
DEVELOPMENT
CARMEL, INDIANA
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LEGACY I
NEIGHBORHOOD SIGN COLUMN
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PRoJECT: 06510
DRAWN: JML
CHECKED: JML
SCAu: AS SHOWN
ISSUE DAn:: 03.21 .06
REVISION: OS.16.06
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EXHIBIT 17
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 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 146th Street and River Road (the following eight courses being along
the southerly right-of-way of 146111 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); (1) thence South 03 degrees 25 minutes 34 seconds West a distance of 868.05
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 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 of 258.32 feet; (5)
thence North 34 degrees 37 minutes 42 seconds East a distance of 27.30 feet to the Point of Beginning,
containing 95.82 acres, more or less.
Exhibit 18A
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The Legacy
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Aspen, CO 81611
(970) 925-8354
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