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HomeMy WebLinkAboutPacket D D o o o o o o o ID 10 o o u o o o o w Draft: 4110/2007 Revised: 4/13/2007 5/9/2007 5/17/2007 5/18/2007 REA L TV COR PO RAT ION ORDINANCE -07 -Z 116TH STREET CROSSING PLANNED UNIT DEVELOPMENT DISTRICT * 0' oS60llo 1. BOSE McKINNEY &EVANSILP ATTORNEYS AT LAW NELSON & FRANKENBERGER Prepared by: Steven B. Granner, AICP Zoning Consultant Bose McKinney & Evans LLP 301 Pennsylvania Parkway, Suite 300 Indianapolis, IN 46280 317-684-5300 857375_5 Submitted by: Charles D. Frankenberger, Esq. Nelson & Frankenberger 3105 East 98th Street Suite 170 Indianapolis, IN 46280 317-844-0106 D o 10 o o o 10 '0 o o o o o U D o o D U TABLE OF CONTENTS CHAPTER 1.0 APPLICABILITY OF ORDINANCE. ....................................................1 Section 1.1 Zone Map Change. ............................................................................1 Section 1.2 Governing Provisions. ........................................................................ 1 Section 1.3 Controlling Document.............................. ...........................................1 CHAPTER 2.0 CONCEPTUAL DEVELPOMENT PLAN. ............................................2 Section 2.1 The District. ......... ............................................................................... 2 Section 2.2 Area A - Permitted Uses....................................................................2 Section 2.3 Area B - Permitted Uses....................................................................4 Section 2.4 Area C - Permitted Uses................................................................... 5 Section 2.5 Area D - Permitted Uses. .............. ......... ...........................................6 CHAPTER 3.0 DEVELOPMENT STANDARDS. .................................. ....................... 8 Section 3.1 Development Standards - Commercial Buildings. .............................8 Section 3.2 Development Standards - Detached Dwellings and Attached Residential Buildings.......................;... ............ ....... ........ ..... ................9 Section 3.3 Maximum Unit Limitations. ...............................................................11 CHAPTER 4.0 ARCHITECTURAL DESIGN REQUIREMENTS. ..............................11 Section 4.1 Architectural Design Requirements - Office Buildings. ....................11 Section 4.2 Architectural Design Requirements - Retail Buildings. ....................11 Section 4.3 Architectural Design Requirements - Hotel Building........................ 13 Section 4.4 Architectural Design Requirements - Detached Dwellings and Attached Dwelling Buildings. .............................................................14 Section 4.41 Architectural Design Requirements - Detached Dwellings. ............. 14 Section 4.42 Architectural Design Requirements - Attached Dwelling Buildings. ............................................... ........................................... 16 Section 4.5 Architectural Design Requirements - Parking Plazas. .....................17 CHAPTER 5.0 LANDSCAPING REQUIREMENTS. .................................................18 Section 5.1 Landscape Plans.............................................................................. 18 Section 5.2 Greenbelts.. .................. .................................... .................. .............18 Section 5.3 Perimeter Planting Strips. .. ..................................... ......................... 18 Section 5.4 Building Based Planting Strips. ........................................................19 Section 5.5 Parking Lot Landscaping................. ............ .....................................19 Section 5.6 Total Landscaping Required. ...........................................................20 Section 5.7 Landscaping Standards. ..................................................... .............20 Section 5.8 Landscaping Installation and Maintenance...................................... 21 CHAPTER 6.0 PARKING REQUIREMENTS. ............ ............ ................................... 22 Section 6.1 Design. ............................................................................................. 22 Section 6.2 Pedestrian Access. . ........... ................... ....................................... ....22 Section 6.3 Minimum Required Spaces. .............................................................22 Section 6.4 Handicapped Parking.................................. .....................................22 CHAPTER 7.0 LIGHTING REQUIREMENTS. .... ......................................................23 Section 7.1 Lighting Plan. .................................................... ...............................23 o [j D D U D U D D D U D D U D D U D o Section 7.2 Design. ................. ........................... .................. ........................ ......23 Section 7.3 Height.................................. .................................................. .......... 23 Section 7.4 Fixtures. .......................................................................................... 23 CHAPTER 8.0 SIGN REQUIREMENTS. .. ....................... ..................... ....................23 Section 8.1 Upper Level Signs...........................................................................23 Section 8.2 Lower Level Signs........................................................................... 24 Section 8.3 The District Identification and Real Estate (Leasing) Signs.............25 Section 8.4 Other Provisions................................................. .............................25 CHAPTER 9.0 OTHER REQUiREMENTS................................................................ 25 Section 9.1 Outside Storage of Refuse. .............................................................25 Section 9.2 Loading Berths............................................ ....................................25 Section 9.3 Mechanical Equipment.................................................................... 26 CHAPTER 10.0 APPROVAL PROCESS. .................. ................................................26 Section 10.1 Approval of ADLS............................................................................ 26 Section 10.2 Approval or Denial of Plats, Conceptual Development Plans and Final Development Plans. .........................................................26 Section 10.3 Approval of Uses. ............................................................................27 Section 10.4 Modification of Development Requirements.................................... 28 CHAPTER 11.0 DEFINITIONS AND VIOLATIONS. ..................................................28 Section 11.1 Construction of Language; Definitions. ...........................................28 Section 11.2 Violations of Ordinance. ..................................................................37 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 TABLE OF EXHIBITS Legal Description Conceptual Development Plan (COP) Character Illustrations of Office Buildings Character Illustrations of Parking Plazas Character Illustrations of Retail Buildings Character Illustrations of a Hotel Building Character Illustrations of Residential Buildings Character Illustrations of Greenbelts ii U D D U D D U D U D U D D D U D U o U Ordinance _-07-Z AN ORDINANCE ESTABLISHING THE 116TH STREET CROSSING Planned Unit Development District WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z-289 (the "Carmel Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with the requirements of IC ~36-7 -4-1500 et seq.; and WHEREAS, the Carmel Plan Commission (the "Commission") has given a favorable recommendation to this ordinance as set forth herein (the "Ordinance") which establishes the 116th Street Crossing Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to IC ~36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Carmel Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby made inapplicable to the use and development of the Real Estate, and (iii) this Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. CHAPTER 1.0 APPLICABILITY OF ORDINANCE. Section 1.1 Zone MaD Chanae. The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel Zoning Ordinance, is hereby changed to designate the land described in Exhibit 1 (the "Real Estate") as a Planned Unit Development District to be known as 116th Street Crossing. Section 1.2 Governina Provisions. Development in the District shall be governed entirely by (i) the provisions of this Ordinance and (ii) those provisions of the Carmel Zoning Ordinance specifically referenced in this Ordinance. When there is reference to the Carmel Zoning Ordinance in this Ordinance, then only the provisions of the Carmel Zoning Ordinance so referenced, as are in effect under the Carmel Zoning Ordinance in effect on the date of enactment of this Ordinance, shall be applicable to the District. Development of the Real Estate shall not be governed, in whole or in part, by any existing or future overlay district regulations that may include any part of the Real Estate. Section 1.3 Controllina Document. In the event of a conflict between this Ordinance and the Carmel Zoning Ordinance (including the Sign Ordinance), the provisions of this Ordinance shall apply. 1 U D U o U U U U U D U D U U U U U o U CHAPTER 2.0 CONCEPTUAL DEVELPOMENT PLAN. Section 2.1 The District. The District shall be developed as generally depicted on the Conceptual Development Plan (the "COP") as shown on Exhibit 2. The Conceptual Development Plan designates four Areas of development. The size of these four Areas may increase or decrease a maximum of twenty percent (20%) during the Final Development Plan (the "FOP") approval process. A. Area A will be primarily a retail development and may also include Offices, Attached Dwellings within an Office Building, Hotel, Attached Dwellings within a Hotel Building, Loft or Parking Plaza components. B. Area B will be primarily an Office development and may also include, Attached Dwellings within an Office Building, Hotel, Attached Dwellings within a Hotel Building, or Parking Plaza components. C. Area C will be primarily an Office Development and may also include Detached Dwelling, Attached Dwelling or Parking Plaza components. D. Area 0 will be primarily an Office development and may also include Attached Dwellings within an Office Building, Hotel, Attached Dwellings within a Hotel Building, or Parking Plaza components. E. Primary Uses in any Area may be integrated such that any combination of permitted Uses may be located within an individual Building. F. Retail Overlay - The Conceptual Development Plan identifies a "Retail Overlay" which extends through Area B, Area C and Area 0, and which is (i) two hundred (200) feet in width, by parallel lines, off of the west side of Illinois Street and (ii) two hundred (200) feet in width, by parallel lines, off of the east side of Illinois Street. Within the Retail Overlay, all Retail Uses specified in Section 2.2.A below are permitted primary Uses, along with Lofts. Section 2.2 Area A - Permitted Uses. A. Permitted Primary Uses. 1. Retail - including but not limited to: apparel shop; art gallery; art and music center; bakery; bookstore; business and electronic machines and equipment sales; camera shop; candy or ice cream shop; duplicating and blue print establishment; flower shop; gas station; haberdashery; jewelry store; leather and luggage; millinery shop; 2 -, U D U U U U U U U U U U ~D U U U U D U B. news dealer; office supply store; optician and optical supply; orthopedic and medical appliance and supply sales; pharmacy; photographic studio; printing shop; shoe repair shop; shoe store; stationer; specialty grocery store, tailor and dressing shop; variety store. 2. General Service Establishments - including but not limited to: barbershop; beauty shop; dry cleaning and laundry establishment; health spa or fitness center. 3. Food Services - Cafeteria; Coffee Shop; Delicatessen; Restaurant. 4. Offices, any type. 5. 6. Hotel. Attached Dwellings within a Hotel Building. 7. Lofts. Permitted Accessory Uses and Structures. Accessory Uses and Accessory Structures subordinate, appropriate and incidental to the Permitted Primary Uses shall be permitted, including but not limited to Parking Plazas, enclosed parking, surface parking, loading areas, Trash Enclosures, Automated Teller Machines (ATMs), and utilities. 1. The following accessory retail and service commercial uses shall be permitted within the Building(s) or within any connecting links between the buildings: a. Cafeteria; Coffee Shop; Deli; Restaurant b. Gift Shops c. Photocopying and Duplicating Services 2. The following accessory supportive service uses shall be permitted within the Buildings(s) or within any connecting links between the Building(s): a. Conference Center b. Day Care Center c. Fitness Center 3. Accessory Uses, accessory retail, accessory service commercial, 3 -, !u U U D U U U U U U U U D U U D U U U accessory supportive services, or accessory structures, if utilized, shall have as their primary purpose the serving of the occupants or employees of the Buildings. 4. A trail system shall be permitted that will serve the District and will connect to a future trail or sidewalk system along Spring Mill Road, which may include the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with the City's standards for multi-use trails. ~, ~ \\\s) oc. ';; \. . 5. Cell Towers shall not be permitted. Communications equipment, as required by the Building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the Building(s) with which it is associated. Section 2.3 Area B - Permitted Uses. A. Permitted Primary Uses. 1. Offices, any type. 2. Hotel. 3. Attached Dwellings within an Office Building. 4. Attached Dwellings within a Hotel Building, 5. Retail Uses, specified in Section 2.2.A, in the Retail Overlay. B. Permitted Accessorv Uses and Structures. Accessory Uses and structures, subordinate, appropriate and incidental to the above-permitted primary uses, including but not limited to: Parking Plazas, enclosed parking, surface parking, loading areas, Trash Enclosures, Automated Teller Machines (ATMs), and utilities. 1. The following accessory retail and service commercial uses shall be permitted within the Building(s) or within any connecting links between the Buildings: a. Cafeteria; Coffee Shop; Deli; Restaurant b. Gift Shops 4 u u o u U D U U U U U U '0 IU U U U U U c. Photocopying and Duplicating Services 2. The following accessory supportive service uses shall be permitted within the Building(s) or within any connecting links between the Building(s): a. Conference Center b. Day Care Center c. Fitness Center 3. Accessory Uses, accessory retail, accessory service commercial, accessory supportive services, or accessory structures, if utilized, shall have as their primary purpose serving the occupants or employees of the Buildings. 4. A trail system shall be permitted that will serve the District and will connect to a future trail or sidewalk system along Spring Mill Road, which may include the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with the City's standards for multi-use trails. 5. Cell towers shall not be permitted. Communications equipment, as required by the building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. Section 2.4 Area C - Permitted Uses. A. Permitted Primarv Uses. 1. Offices, any type. 2. Detached Dwellings. 3. Attached Dwellings. 4. Attached Dwellings within an Office Building. 5. Retail Uses, specified in Section 2.2.A, in the Retail Overlay. B. Permitted Accessorv Uses and Structures. Accessory Uses and 5 --, 1 iO U o U o !U U U U U U U ID U U D U U U structures, subordinate, appropriate 'and incidental to the above-permitted uses, including but not limited to: Parking Plazas, enclosed parking, surface parking, loading areas, Trash Enclosures, Automated Teller Machines (ATMs), porches, decks, awnings, canopies, patios and utilities. 1. The following accessory retail and service commercial uses shall be permitted within the building(s) or within any connecting links between the buildings: a. Cafeteria; Coffee Shop; Deli b. Photocopying and Duplicating Services 2. The following accessory supportive service uses shall be permitted within the building(s) or within any connecting links between the building(s): a. Conference Center b. Day Care Center c. Fitness Center 3. Accessory Uses, accessory retail, accessory service commercial, accessory supportive services, or accessory structures, if utilized, shall have as their primary purpose serving the occupants or employees of the Buildings. ( A\ ~A . ~~. ~ 4. A trail system shall be permitted that will serve the District and will connect to a future trail or sidewalk system along Spring Mill Road, which may include the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with the City's standards for multi-use trails. 5. Cell towers shall not be permitted. Communications equipment, as required by the building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the Building(s) with which it is associated. Section 2.5 Area 0 - Permitted Uses. A. Permitted Primary Uses. 1. Offices, any type. 6 ! 0 u u u o u u u u u u u u u u u U D U B. 2. Hotel. 3. Attached Dwellings within an Office Building. 4. Attached Dwellings within a Hotel Building 5. Retail Uses, specified in Section 2.2.A, in the Retail Overlay. Permitted Accessory Uses and Structures. Accessory Uses and structures, subordinate, appropriate and incidental to the above-permitted primary uses, including but not limited to: Parking Plazas, surface parking, loading areas, Trash Enclosures, Automated Teller Machines (ATMs), and utilities. 1. The following accessory retail and service commercial uses shall be permitted within the building(s), within any connecting links between the buildings, or within a Parking Plaza: a. Cafeteria; Coffee Shop; Deli. b. Photocopying and Duplicating Services. c. Vehicle Service Facility: (i). It shall be located on the interior of a parking plaza. (ii). It shall be a service only to the occupants of the Buildings located on the Real Estate. (iii). It shall not be visible from the perimeter of the Real Estate. (iv). No sign identifying the facility that is viewable, or intended to be viewable, from any public right-of-way shall be permitted. 2. The following accessory supportive service uses shall be permitted within the Building(s) or within any connecting links between the Building(s): a. Conference Center b. Day Care Center c. Fitness Center 3. Accessory Uses, accessory retail, accessory service commercial, accessory supportive services, or accessory structures, if utilized, shall have as their primary purpose serving the occupants or 7 o lU U 'w I D IU U U U U U U U IW 1 U U U U U employees of the buildings. 4. A trail system shall be permitted that will serve the District and will c\( /!' connect to a future trail or sidewalk system along Spring Mill Road, \.\. \. ~--. which may include the installation of fitness stations, benches and similar trail appurtenances. The trail system and any trail appurtenances shall be developed in compliance with the City's standards for multi-use trails. 5. Cell towers shall not be permitted. Communications equipment, as required by the building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the Building(s) with which it is associated. CHAPTER 3.0 DEVELOPMENT STANDARDS. Section 3.1 . Development Standards - Commercial Buildinas. A. Minimum Parcel Size. There is no minimum Parcel size; however, the development of the Parcel must still conform to the Final Development Plan (the "FOP") applicable to the Parcel, as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. B. Maximum Building Height. 1. For all Buildings in Areas A, Band C, the maximum Building Height shall be the lesser of (i) ninety-two (92) feet plus an additional twenty- one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances or (ii) six (6) stories plus an additional twenty-one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances. 2. For all Buildings in Area 0, the maximum building height shall be the lesser of (i) one hundred eighty (180) feet plus an additional twenty- one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances or (ii) fourteen (14) stories plus an additional twenty- one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances. C. Maximum Parkina Plaza Heiaht. Any Parking Plaza located on the Real Estate shall be limited to grade plus three (3) levels and shall not exceed a 8 u u u u o u u u u u u u u u u u u u u height of forty (40) feet. D. Minimum Buildina Heiaht. For all Buildings in Area A, Area B, Area C or Area D of the Real Estate, the minimum Building height shall be fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a Building with a gable, hip or gambrel roof. ~~ E. Maximum Buildina and Structure Coveraae. ~ Qo-~ ().\/" 1. Maximum Building and Structure Coveragt shall not exceed sixty-five percent (65%) of the Real Estate. 2. Maximum Floor Area Ratio (F.A.R.) of all Buildings within the Real Estate shall be 0.70. , F. Minimum Building and Parkina Plaza Setbacks. The minimum Building ~O and Parking Plaza setbacks shall be as follows: (i) 0 feet from the proposed right-of-way of 116th Street; (ii) 20 feet from the proposed right- of-way of Springmill Road; (iii) 20 feet from the proposed right-of-way of 111th Street; and, (iv) 0 feet from the proposed right-of-way of Illinois Street. G. Maximum Gross Floor Area. The total Gross Floor Area of all Buildings located upon the Real Estate, divided by the total number of acres within the Real Estate, shall not exceed 28,000 square feet. H. Minimum Gross Floor Area. 1. Area A. Area B and Area D Minimums: 1,000 square feet for any Building. 2. Area C Minimum: 5,000 square feet for any Building 3. Permitted accessory structures need not meet the minimum gross floor area requirement. Section 3.2 Development Standards - Detached Dwellinas and Attached Residential Buildinas. A. Minimum Parcel Size. All Attached Dwelling Buildings shall have a minimum parcel size of one (1) acre. B. Minimum Parcel Width. All Attached Dwelling Buildings shall have a 9 u u u u u o u u u U I U U IW U U D U U U c. D. E. F. G. minimum parcel width of one hundred and fifty (150) feet. Maximum Buildina Heiaht. All Detached Dwellings and Attached Dwelling Buildings shall have a maximum Building height of forty (40) feet. Minimum Ground Floor Area. 1. Detached Sinale Familv Dwelling: a. One Story - eight hundred (800) square feet. b. Two or More Stories - six hundred (600) square feet. 2. Attached Familv Dwellinas: Six hundred (600) square feet per Dwelling unit. Maximum Lot or Parcel Coveraae. Maximum lot coverage shall be fifty percent (50%) of the Lot for Detached Dwellings and seventy-five percent (75%) of the Parcel for all Attached Dwellings. Minimum Buildina Setbacks. 1. Minimum Front Yard: Twenty (20) feet, but in no case greater than thirty (30J feet, from 116th Street and Illinois Street. Thirty (30) feet from 111 h Street and Spring Mill Road. 2. Minimum Side Yard: Five (5) feet for Detached Dwellings and ten (10) feet for all other uses. Provided, however, Attached Dwellings may have zero (0) feet side yards along the common wall between units. 3. Minimum Rear Yard: Twenty (20) feet for Detached Dwellings and ten (10) feet for all other uses. Minimum Number of Parking Spaces. 1. Detached Dwellinas: Two (2) parking spaces per Dwelling unit. 2. Attached Dwellinas: a. Parking areas shall not be located in front of the established front building line oriented toward Spring Mill Road or 111 th Street. b. Two (2) parking spaces per Dwelling unit. 10 u u U D D U U U D U U U U D U U U U U Section 3.3 Maximum Unit Limitations. A. Detached Dwellinas: 7 units per acre. B. Attached Dwellinas not within in an Office Buildina or Hotel Building: 50 units per acre. CHAPTER 4.0 ARCHITECTURAL DESIGN REQUIREMENTS. Section 4.1 Architectural Desian Reauirements - Office Buildinas. The intent of these design requirements is to provide sufficient regulations for the development of offices on the Real Estate. These requirements establish the character, value, look, and style of the office buildings. As a further design guideline, attached are photographs which are intended to represent the intent of these design requirements as applied to an office building (Character Illustration - EXHIBIT 3). Also attached are photographs which are intended to represent the proposed appearance of any accessory Parking Plaza (Character Illustration - EXHIBIT 4) that might be constructed on the Real Estate. A. Suitability of buildina materials. A minimum of three materials shall be used for building exteriors from the following list: stone, brick, 'Quick Brick', pre-cast (panels or detailing), E.I.F.S., metal panels, glass, ornamental metal. - .... B. Buildina desian. All buildings shall be designed with a minimum of eight external corners, in order to eliminate monotonous box buildings, unless otherwise approved by the Commission. C. Roof desian. Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane or inclusion of a gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. D. Buildina oenthouses. Building penthouses must be incorporated into the building facade design, including exterior materials specifications. Section 4.2 Architectural Desian Reauirements - Retail Buildinas. The intent of these design requirements is to provide sufficient regulations for the development of retail buildings on the Real Estate. These requirements establish the character, value, look, and style of the retail buildings. As a further design guideline, attached are photographs which are intended to represent the intent of these design requirements as applied to a retail building (Character Illustration - EXHIBIT 5). Also attached are photographs which are intended to represent the proposed appearance of any 11 u 'U U U D iLl U U D U U U U D U D U U U accessory Parking Plaza (Character Illustration - EXHIBIT 4) that might be constructed on the Real Estate. A. All elevations shall be masonry, brick, stone, cultured stone, ~., wood or a masonrylwood based siding product, excluding windows, doors and similar appurtenances. Concrete block is not a permitted exterior finish material. B. Front and side facades shall be of the same materials and similarly detailed. All facades of single-use buildings shall be of the same materials and similarly detailed. C. All entrances shall be defined by architectural elements such as lentels, pediments, plasters, columns, awnings and other design elements appropriate to the architectural style and details of the building as a whole or shall project or recess by not less than four (4) feet. All entrances shall be covered. D. Windows shall be pedestrian in scale. Storefronts should maximize transparency and have appropriate signage and lighting. E. The roofs of buildings shall be gabled, hop, full or parapet and shall be clad in wood shingles, slate, dimensional "shaped" asphalt/fiberglass shingles, standing-seam metal, composite or PVC. F. Dormers shall be designed with the correct details, proportion and style consistent with the overall building composition and roofed with symmetrical gable, hop or barrel roofs. Belvederes, cupolas, and pergolas shall be permitted if appropriate to the style, well proportioned, and fully detailed. G. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof or flat black. H. Rooftop equipment shall be fully screened on all sides. using parapets, penthouse screens or other similar methods and which are integrated into the overall building design. I. Gutters and downspouts shall be appropriate to or visually integrated with the architectural style of the structure. J. All trash collection facilities shall be masonry enclosed with decorative gates in discrete but accessible areas. 12 l U U U IW U o u U ID U U U U D U D U U U K. Building width ratio requirements shall be as follows: 1. Front facades fewer than twelve (12) feet long, measured horizontally, and side and rear facades shall not require any fenestration. 2. Front facades greater than twelve (12) feet long, measured horizontally, shall require thirty percent (30%) fenestration. 3. Facades greater than sixty (60) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent (3%) of the length of the fa9ade and extending at least twenty percent (20%) of the length of the fa9ade. No uninterrupted length of any fa9ade shall exceed sixty (60) horizontal feet. 4. Facades shall include a repeating pattern that includes no fewer than three (3) of the following elements: color change; texture change; material change; fenestration, doors or openings change; or profile change (turns and projections, etc.). L. Parking areas shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement and connection to the District pedestrian pathwaylwalkway/trail system. Section 4.3 Architectural Desian Reauirements - Hotel Buildina. The intent of these design requirements is to provide sufficient regulations for the development of a Hotel Building on the Real Estate. These requirements establish the character, value, look, and style of the Hotel Building. As a further design guideline, attached are photographs which are intended to represent the intent of these design requirements as applied to a Hotel Building (Character Illustration - EXHIBIT 6). Also attached are photographs which are intended to represent the proposed appearance of any accessory Parking Plaza (Character Illustration - EXHIBIT 4) that might be constructed on the Real Estate. A. Suitability of buildina materials. A minimum of three materials shall be used for building exteriors from the following list: stone, brick, 'Quick Brick', _~.I.F.S., pre-cast (panels or detailing), metal panels, glass, ornamental metal. 13 U D U o D D o U D U iU U iU U U U o U U B. Buildina desian. All buildings shall be designed with a minimum of eight external corners, in order to eliminate monotonous box buildings, unless otherwise approved by the Commission. C. Roof desian. Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane or inclusion of a gable or dormer. Sloped . roofs shall be either standing seam metal or dimensional shingles. D. Buildina penthouses. Building penthouses must be incorporated into the building fa~ade design, including exterior materials specifications. Section 4.4 Architectural Desian Reauirements - Detached Dwellinas and Attached Dwellina Buildinas. The intent of these design requirements is to provide sufficient regulations for the development of detached dwellings and Attached Dwelling Buildings. These requirements establish the character, value, look, and style of the buildings. As a further design guideline, attached are photographs which are intended to represent the intent of e' requirements as applied to residential buildings (Character lIIustratio - EXHIBIT ). Section 4.41 Architectural Desian Reauirements - Detached Dwellinas. A. 100% of the first floor of all front elevations, excluding WindOWS~~ and similar appurtenances, shall be brick, stone, cultured stone or .LF: .; up to eight (8) feet in height. Provided, however, that if the design or IFS of building so dictates, the brick, stone, cultured stone or E.LF.S. which would occupy the first floor of the front elevation up to eight (8) feet in height, excluding windows, doors, and similar appurtenances, may be located anywhere on the front elevation. In the alternative, the exterior building material of the entire building or structure may be a masonrylwood based siding product, in which case, no brick, stone, cultured stone or E.LF.S. shall be required as an exterior building material. In no case shall concrete block be permitted as an exterior finish material. B. Window grids shall be provided on all operable non-casement windows on all elevations. C. Chimney chases shall be enclosed. D. One dusk to dawn light shall be required on the front fa~ade of each dwelling unit; or, on each side of the front fa~ade of the garage; or, as a pole yard light. 14 u o D o U o U o U U U D U U U D U D U E. The pitch of all roofs, exclusive of roofs on porches, bump-outs, dormers, and other ancillary structures, shall be a minimum of 6/12 (6 vertical to 12 horizontal). F. No dwellings shall have the same front elevation or exact color scheme within a 3-lot "snapshot" on the same side of the street, or of the home immediately across the street from the center of the 3-lot "snapshot". G. Minimum two (2) car garages shall be required. H. Vinyl siding shall not be permitted on any Dwelling. I. In addition, each Detached Dwelling shall have at least three (3) of the items below: 1. The entire front elevation of 100% brick, stone or cultured stone; excluding windows, doors and similar appurtenances 2. Brick, stone or cultured stone wainscot around the rear and both side elevations; excluding windows, doors and similar appurtenances 3. Dormers 4. Reverse gable or hip roof 5. Covered front porch (minimum 16 sq. ft.) 6. Decorative door surround, trim molding or header 7. Garage bump-out (minimum 2 ft.) 8. A raised wood deck (80 sq. ft. min.) or concrete patio (80 sq. ft. min.) provided on the rear elevation. 9. Shutters on all operable windows 10. Keystone or decorative brick or wood surround on one or more windows or doors 11. Bay or "boxed-out" window 12. Decorative trim molding at gutter height 15 U D ID D D D U U D D ID iU D D U D U o D 13. Decorative garage door(s) 14. Side or rear loaded garage J. Each subdivision shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement and connection to the District pedestrian pathwaylwalkway/trail system. Section 4.42 Architectural Desian Reauirements - Attached Dwellina Buildinas. A. 100% of the first floor of all front elevations, excluding windows, doors and similar appurtenances, shall be brick, stone, cultured stone or ELF.S.; up to eight (8) feet in height. Provided, however, that if the design of building so dictates, the brick, stone, cultured stone or ELF.S. which would occupy the first floor of the front elevation up to eight (8) feet in height, excluding windows, doors, and similar appurtenances, may be located anywhere on the front elevation. In the alternative, the exterior building material of the entire building or structure may be a masonry/wood based siding product, in which case, no brick, stone, cultured stone or ELF.S. shall be required as an exterior building material. In no case shall concrete block be permitted as an exterior finish material. B. Rooftop 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. Window grids shall be provided on all operable non-casement windows on all elevations. D. Chimney chases shall be enclosed. E Sloped roofs shall extend with "overhangs" a minimum 0 nine (9) inches on all sides of the building. Sloped roofs shall be a maxI of one hundred (100) feet without a change in roof plane or inclusion of a gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. F. Vinyl siding shall not be permitted. G. Any side elevation windows shall be treated by a decorative header, surround or similar appurtenance. 16 u o D o U D U U D LJ LJ D o D D D U D LJ H. All utility panels shall be screened or located in an area not visible from a public street right-of-way. I. In addition, each Attached Dwelling Building shall have at least two (2) of the items below: 1. Dormers 2. Reverse gable or hip roof 3. Decorative door surround, trim molding or header 4. Accent siding, decorative vents, or accents in gable peak or face 5. All front entry doors include sidelights or a transom 6. Shutters on all operable windows 7. Bay or "boxed-out" windows 8. A keystone or decorative brick or wood surround provided on one or more windows or doors on the front elevation 9. Decorative columns 10. Decorative trim molding at gutter height 11. Brick full height of front fa~ade, including gables 12. Brick wainscot around rear and both side elevations J. Parking areas shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement and connection to the District pedestrian pathwaylwalkway/trail system. Section 4.5 Architectural Desian Reauirements - Parkina Plazas. Above-grade, structured parking facilities shall have on all sides architectural features that are compatible with the building(s) with which they are associated. As a further design guideline, attached are photographs which are intended to represent the intent of these design requirements as applied to parking plazas (Character Illustration - EXHIBIT 4). 17 u u o u U D o o D o U D U D U U U U U CHAPTER 5.0 LANDSCAPING REQUIREMENTS. Section 5.1 Landscape Plans. A Landscape Plan shall be submitted to the Commission for its approval at the same time other plans (Le., architectural design, lighting, parking and signage) are submitted. The Landscape Plan shall (i) be drawn to scale, including dimensions and distances; (ii) delineate all existing and proposed Buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways, ground and monument signs, lighting standards, steps or other similar structures; and, (iii) delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas. Landscape treatment for plaza road, path, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. Section 5.2 Greenbelts. A. A greenbelt shall be provided adjacent to the 111 th Street right-of-way (Character Illustration - EXHIBIT 8) and shall be a minimum of twenty (20) feet in width and landscaped per the requirements of Section 5.7. B hereof. This greenbelt area shall be unoccupied except for plant material, steps, walks, trails, terraces, bike paths, driveways, lighting standards, signs and other similar structures (excluding parking). B. A greenbelt shall be provided adjacent to the Spring Mill Road right-of-way (Character Illustration - EXHIBIT 8) and shall be a minimum of twenty (20) feet in width and landscaped per the requirements of Section 5.7.B hereof. This greenbelt area shall be unoccupied except for plant material, steps, walks, trails, terraces, bike paths, lighting standards and other similar structures (excluding driveways and parking). Section 5.3 Perimeter Plantina Strips. A. Except where Buildings are located, there shall be a landscaped planting strip located adjacent to the right-of-way for 116th Street which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 5.7.C.1 hereof. B. Except where Buildings are located, there shall be landscaped planting strips located adjacent to the proposed right-of-way for Illinois Street Road which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 5.7.C.1 hereof. C. These landscaped planting strips shall be unoccupied except for plant 18 u o u o IU U U U U D D U U D U U U U U material, steps,' walks, trails, terraces, bike paths, driveways, lighting standards, signs and other similar structures (excluding parking). Section 5.4 Buildina Based Plantina Strips. A. Planting Strips Adiacent to Office Buildings or a Hotel Building. 1. A minimum planting area equal to an area measuring five (S) feet in depth shall be installed on all sides of the building{s) and landscaped pursuant to Section S.l.C.2 hereof. 2. Outdoor terraces and sidewalks may be permitted in these areas. 3. If an outdoor terrace or sidewalk cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting. 4. These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace area. B. Planting Adiacent to Retail Buildings. 1. A planting area equal to an area measuring fifteen (1S) feet in depth by the width of the front of the building, plus twenty (20) feet [to extend ten (10) feet out on both sides], shall be installed along building facades oriented toward Illinois Street and landscaped pursuant to Section S.l.C.2 hereof. 2. Outdoor terraces and sidewalks up to eight (8) feet in width may be permitted in planting areas, but shall not occupy the entire planting area adjacent to the building. 3. If an outdoor terrace or sidewalk cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting. 4. These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is provided. These additional adjacent planting areas may abut an outdoor terrace area. Section 5.5 Parkina Lot Landscapina. A minimum of (i) one (1) shade tree and five (S) shrubs or (ii) two (2) shade trees shall be planted within each parking lot island at a 19 U D U o U U U U U I :u U U U U U U U U U rate of not less than eighteen (18) trees per acre of surface parking. (See Section 5.7.A hereof for minimum planting area requirements.) Section 5.6 Total LandscaDina Reauired. Inclusive of the Greenbelts, the planting strips, the planting adjacent to the Building(s), outdoor terrace areas and the planting within surface parking lots, a minimum of fifteen percent (15%) of the Office Area, minus any Illinois Street right-of-way, shall be landscaped. Section 5.7 LandscaDina Standards. A. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs or Ornamental Grasses (only): 5 feet wide B. Greenbelts. The greenbelt areas, as designated in Section 5.2 hereof, shall include an undulating earthen berm (Character Illustration - EXHIBIT ~). On this berm there will be placed eight to ten (8-10) foot tall conifers, spaced fifteen (15) feet on center. The berm landscaping shall include ornamental and deciduous trees interspersed among the conifer trees. C. Planting Strips. 1. Perimeter Planting Strips: The primary landscaping materials used in the perimeter planting strip areas shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linear feet will be designated for the perimeter planting strip areas, which includes: Three (3) shade trees; or, Five (5) ornamental trees or five (5) conifer trees; and, Fifteen (15) shrubs or ornamental grasses. 2. Building Based Planting Strips: The primary landscaping materials used in the planting strips adjacent to Office, Hotel and Retail Buildings shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linear feet will be designated for the building based planting strip areas, which includes: 20 u u u o u u u u u u u u u u u u u u. u One (1) shade tree; One (1) ornamental tree; and, Five (5) shrubs or ornamental grasses. D. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 1. Shade Trees: All shade trees shall have a minimum DBH oJ;?hes, a minimum height of eight (8) feet, and a branching height ~ less than % or more than % of tree height upon planting. 2. Ornamental Trees: All ornamental trees shall have a minimum DBH of 1.75 inches, a minimum height of six (6) feet, and a branching height of not less than % or more than % of tree height upon planting. 3. Conifer Trees: All conifer trees shall have a minimum height of eight (8) feet upon planting. 4. Deciduous Shrubs: All deciduous shrubs shall have a minimum height of twenty-four (24) inches, with no less than six (6) main branches, upon planting. 5. Section 5.8 Landscapina Installation and Maintenance. A. Installation. All required landscaping for each phase of the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the final Certificate of Occupancy. B. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, 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. Spot removal of 21 u u u u u u u u u u u u u u u u u u u mature plant material shall be performed in areas where vegetation is competing to the point of self-destruction. C. Chanaes After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. D. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. CHAPTER 6.0 PARKING REQUIREMENTS. Section 6.1 Desian. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. Section 6.2 Pedestrian Access. Direct, articulated pedestrian access shall be provided from the street~ the primary entrance of the building(s). Section 6.3 Minimum Reauired SDaces. A. Offices: Three and one-third (3~) spaces for each one thousand (1,000) square feet of Gross Floor Area. B. Hotel: One (1) space per room or suite. C. Food Services. General Service Establishments and Retail Uses: Three and one-third (3~) spaces for each one thousand (1,000) square feet of Gross Floor Area. D. Attached Dwellinas and Lofts: Two (2) spaces per unit. E. Shared parkina: Shared parking may be utilized in accordance with the current standards published by the Urban Land Institute. Section 6.4 HandicaDDed Parkina. There shall be an appropriate number of parking spaces, accessible to the Building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. 22 u u IU u u u u u u u u u u u u u u u u CHAPTER 7.0 LIGHTING REQUIREMENTS. Section 7.1 Liahtina Plan. A site lighting plan shall be submitted along with an ADLS approval petition for any building within 116th Street Crossing. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: A. Parking lot and service/storage area lighting; B. Architectural display lighting; C. Security lighting; D. Lighting of pedestrian and bicycle ways; and E. Landscape lighting. Section 7.2 Desian. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. Section 7.3 Heiaht. The height of light standards shall not exceed thirty (30) feet from the top of the fixture to the top of the pole base. Except, however, (i) the height of light standards within ninety (90) feet of the rights-of-way of Spring Mill Road and 111th Street shall not exceed fifteen (15) in height from the top of the fixture to the top of the pole base; and, (ii) the height of light standards on the top of any parking plaza shall not exceed twenty-three (23) feet from the top of the fixture to the top of the pole base. The pole bases shall not exceed two (2) feet in height. OJVld f-!cJ laV1~ Section 7.4 Fixtures. All exterior and street ~Iighting fixtures shall be of the "shoebox" variety which directs light downward.' Any parking lot lighting or Building lighting illumination emanating from behind the berms within the development on the Real Estate shall not exceed (i) 0.3 foot-candle at the South right-of-way line of West 116th Street; (ii) 0.1 foot-candle at the East right-of-way line of Spring Mill Road; and, 0.1 foot-candle at the North right-of-way line of 111th Street. CHAPTER 8.0 SIGN REQUIREMENTS. Section 8.1 signs. Upper Level Sians. An Office or a Hotel Building may have upper level A. Number and Tvpe: The maximum number of Identification Signs permitted shall be the greater of either (i) four (4) wall signs for each Building or (ii) 23 u u u o u u u u u u u U I U I U U U U U U one (1) sign per 25,000 square feet of Gross Floor Area for each Building greater than 100,000 square feet of Gross Floor Area. B. Maximum Sign Area: 120 square feet each. C. Location: East of Illinois Street, signs may be located on either the east, west, north or south facades. West of Illinois Street, signs may be located on the north, east or south facades. D. Desian: All walls signs shall consist of individual letters. E. Illumination: Internal. F. Sign Permit: Required. G. Fees: Required. Section 8.2 lower level Sians. A Commercial Building may have lower level signs. Accessory uses, accessory retail, accessory service commercial, and accessory supportive services may have lower level signs. A. Number and Type: The maximum number of Identification Signs permitted shall be (i) three (3) wall signs for each Office Building, (ii) six (6) wall signs for a Hotel 'and (iii) as approved by an ADLS Sign Program for all other uses. B. Maximum Sian Area: The maximum sign area of Identification Signs permitted shall be (i) 90 square feet each for each Office Building, (ii) 90 square feet each for a Hotel and (iii) as approved by an ADLS Sign Program for all other uses. C. Location: East of Illinois Street, the signs may be located on either the east, west, north or south facades. West of Illinois Street, signs may be located on the north, east, or south facades of (i) an Office Building, (ii) a Hotel Building and (iii) as approved by an ADLS Sign Program for all other uses. D. Design: All walls signs shall consist of individual letters. E. Illumination: Internal. F. Sian Permit: Required. 24 u u u u o u u u o u [J u u u u u u u u G. Fees: Required. Section 8.3 The District Identification and Real Estate (Leasina) Sians. A. Number and Tvpe: As approved by an ADLS Sign Program for the District. B. Maximum Sion Area: As approved by an ADLS Sign Program for the District. C. Maximum Heioht of Sign: As approved by an ADLS Sign Program for the District. D. Location: As approved by an ADLS Sign Program for the District. E. Desion: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. F. Illumination: Internal or completely shielded. G. Landscapino: Sign must be accompanied by a landscaped area at least equal to the total sign area. H. Sion Permit: Required. I. Fees: Required. Section 8.4 Other Provisions. Section 25.7.01 - "General Provisions" and 25.7.06- 25.7.09 - "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel Sign Ordinance Z-302, as amended through Z-486-06, are also incorporated herein by reference. CHAPTER 9.0 OTHER REQUIREMENTS. Section 9.1 Outside Storaae of Refuse. No outside, unenclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within the Building(s) or in separate accessory structure(s). Any separate accessory structure designed for refuse storage shall be architecturally compatible with the building(s). Section 9.2 Loadina Berths. No loading or unloading berth or bay shall have an unobstructed view from any adjacent residential area. 25 u u .U u o u u u o u u u u u u u u u u Section 9.3 Mechanical Eauipment. Any mechanical equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. All HVAC equipment for office, hotel and retail buildings shall be located on the roof of the building(s). CHAPTER 10.0 APPROVAL PROCESS. Section 10.1 Approval of ADLS. A. The Commission shall consider an ADLS approval petition for any Building within the District, except for any Detached Dwellings and their accessory structures and uses. Plan documentation and filing requirements for ADLS review shall be consistent with the requirements specified by the Department, provided, however, the Director shall have the authority to waive any plan documentation requirement which is not relevant to the review of a particular application. B. The ADLS approval request shall be a specific plan consisting of the architectural design of any Buildings, landscaping, lighting, and signage for a site within the District. C. The Commission shall approve the ADLS without conditions or approve with conditions. D. If there is a Substantial Alteration in the approved ADLS plans, review and approval of the amended plans by the Commission 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. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation imposed by this Ordinance or approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 10.2 Approval or Denial of Plats. Conceptual Development Plans and Final Development Plans. A. Primary and secondary platting shall be required with respect to any portion of the Real Estate on which lots are developed for purposes of conveying title for Detached Dwellings or Attached Dwellings. All 26 o u u o u u u u u u u u u u u u u u u secondary plats for any portion of the Real Estate shall be approved administratively by the Department and shall not require a public hearing before the Plan Commission, so long as the proposed secondary plat conforms with the corresponding approved primary plat. With respect to any portion of the Real Estate other than the areas on which Lots are developed as stated above, platting into smaller parcels shall be permitted, but shall not be required in order to divide any parcel into smaller parcels for purposes of conveying title, and the creation of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified in Section 3.0 for the entirety of the Real Estate. B. The Commission shall approve a CDP simultaneously with its approval of this Ordinance, as shown on Exhibit 2. C. The FDP shall be a specific plan for the development of all or a portion of the Real Estate, submitted for approval by the Director, showing proposed facilities and structures, parking, drainage, erosion control, utilities and Building information. D. The Director shall approve without conditions, approve with conditions, or disapprove the FDP for any project within the Distrcit; provided, however, that the Director shall not unreasonably withhold or delay his/her approval of a FDP that is in substantial conformance to the CDP and is in conformance with the development requirements of this Ordinance. If the Director disapproves the FDP for any project within the District, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for hearing before the Commission. E. An amendment to a FDP which does not alter the use of any land may be reviewed and approved by the Director. Section 10.3 ADDroval of Uses. It is recognized that the list of permitted uses specified within each Area of this Ordinance is a representative listing of uses and is not an all inclusive list of appropriate uses. Therefore, this Ordinance may require interpretation to assign appropriate uses to each of the individual Areas of this Ordinance. Any use which is not specifically set forth in this Ordinance, but which is comparable in terms of traffic generation, customer base and operational characteristics to other uses specified within each Area of this Ordinance shall be reviewed by the Director for consistency with the intent set forth in each Area of this Ordinance and for compatibility with uses permitted within those Areas by this Ordinance. Based upon this review, the Director shall determine if the proposed use is a permitted use within an Area of this Ordinance. In a case where there is a denial by the Director of a request to 27 o u u u u u u u u o u o u u u u u u u assign a use to an appropriate Area within this Ordinance, the applicant may file an appeal with the Board of Zoning Appeals. If it is: (i) determined by the Director that a particular use is not permitted in any Area of this Ordinance and no appeal of the Director's decision is filed with the Board of Zoning Appeals; or, (ii) determined upon appeal that a particular use is not permitted in any Area of this Ordinance, then such use shall require a variance of use or a rezoning petition in which such use is specifically included and described in order for such use to be permitted within this Ordinance. Section 10.4 Modification of Development Reauirements. Upon the written request of any owner of Real Estate, the Commission may designate a committee of the Commission to review and modify any of the development requirements contained herein (other than permitted uses) after a public hearing held in accordance with the Commission's Rules of Procedure. Any denial of any requested modification may be appealed by the Applicant to the Commission, in accordance with the Commission's Rules of Procedure. CHAPTER 11.0 DEFINITIONS AND VIOLATIONS. Section 11.1 Construction of Language: Definitions. A. Construction of Lanauaae. The language of this Ordinance shall be interpreted in accordance with the following regulations: . The particular shall control the general. . In the case of any difference of meaning or implication between the text of this Ordinance and any exhibit to this Ordinance or illustration or diagram, the text off this Ordiance shall control. . The work "shall" is always mandatory and not discretionary. . The words "may" and "should" are permissive and at the discretion or option of the Developer. . Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. . A "building" or "structure" includes any part thereof, unless otherwise specifically stated. . The phrase "used for," includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for." . Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or 28 o u u u u u u o u u u u u u u u u u u events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows: o "And" indicates that any of the individual connected items, conditions, provisions or events shall apply. o "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. o "Either. . . or" indicates that any of the individual connected items, conditions, provisions or events shall apply singly, but not in combination. B. Definitions. Unless otherwise stated, the following words and phrases shall, for the purpose of this Ordinance, have the meaning herein indicated. Any word or phrase used in this Ordinance which is not defined herein and which is defined in Chapter 3 of the Carmel Zoning Ordinance shall, for purposes of this Ordinance, have the meaning ascribed to such word in the Carmel Zoning Ordinance, unless the context otherwise requires. 1. Accessory Structure: A structure subordinate to a Building or Use located on the Real Estate which is not used for permanent human occupancy. A Parking Plaza is an example of an Accessory Structure. 2. 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. 3. Adiacent Residential Area: A residentially zoned tract, the property line of which abuts a property line of the Real Estate, without any intervening public street right's-of-way. 4. Alteration. Material: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. 5. Alteration. Minor: 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. 6. Alteration. Substantial: 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. 7. Antenna: A structure or device that is used for the purpose of 29 o u u u o u u u u U' u u u u u u u u u 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni-directional antenna, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. Area: Area A, Area B, Area C, or Area D. Area A: What is identified as Area A on the Conceptual Development Plan. Area B: What is identified as Area B on the Conceptual Development Plan. Area C: What is identified as Area C on the Conceptual Development Plan. Area D: What is identified as Area D on the Conceptual Development Plan. Attached Condominium Dwellina: An Attached Dwelling located within a Residential Building, or residential portion of an Office or Hotel Building, having two or more Dwelling units, and owned as a Condominium under Indiana law. Attached Dwellina: A Dwelling attached to another Dwelling and located within a Residential Building or residential portion of an Office or Hotel Building. Attached Dwellings shall not include Lofts. Attached Dwellina Buildina: A Building occupied primarily by Attached Dwellings. An Office Building with Attached Dwellings above the Offices, or a Hotel Building with Attached Dwellings above the Hotel, is not an Attached Dwelling Building. Automated Teller Machine (ATM): A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion of a customer identification card, password or similar device. Board of Zonina ADDeals: The Carmel Board of Zoning Appeals. Buildina: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, 30 u u u u o u u u u u u u u u u u u U' u 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. and intended for human occupancy. When attached by a single-story structure, each multi-story portion of a structure shall be considered a separate Building. A Parking Plaza is not a Building. Buildina and Structure Coverage: The total ground area, within the Real Estate, covered by Buildings, Parking Plazas and Accessory Structures which are greater than eighteen (18) inches above grade level (excluding surface parking, fences and walls not attached in any way to a roof) divided by the total horizontal area within the Real Estate boundaries. Buildina Height: The vertical distance from the grade at the main entrance to (i) the top of the parapet that comprises the majority of the perimeter of the Building and (ii) the mean point between the eaves and the ridges of a Building with a sloped roof. Cafeteria/Deli/Coffee Shop: An establishment located within the Building(s) where food and drink is prepared, served and consumed primarily within the Building(s) by the occupants of the Building(s) and their guests. Certificate of Occupancy: A certificate signed by the Director stating that the occupancy and use of land or a Building or structure referred to therein complies with the provisions of this Ordinance. Character Illustrations: Representations, photographic or otherwise, which indicate conceptually the intended architecture, appearance and quality of proposed Buildings and structures. These representations establish a conceptual guideline for future ADLS reviews and approvals and are in no way intended to limit architectural creativity during the ADLS process. City: The City of Carmel, Indiana. Commercial Buildina: A Retail Building or an Office Building. Commission: The Carmel Plan Commission. Conference Center: A meeting room provided as an amenity for, and made available to, all occupants of the building(s) and their guests. Council: The City Council of the City of Carmel, Indiana. 31 u u u u u [J u u u U lJ U U U U U U U U 29. County: Hamilton County, Indiana. 30. Day Care: An organized group program for the care of children away from their own residence for any part of a twenty-four (24) hour day, for compensation or otherwise. 31. Department: The Department of Community Services for the City of Carmel, Indiana. 32. Detached Dwellim:J: A Dwelling not attached to another Dwelling. 33. DevelC?per: The owner, or its designee, of an area to be developed, including those lots that a Developer may sell to a Builder. The Developer may also be a Builder. 34. Development Plan. Conceptual (CDP): A general plan for the development of the Real Estate that is submitted for Commission approval which generally depicts the areas to be developed and the uses that may be permitted in each area. 35. Development Plan. Final (FDP): A specific plan for the development of real property that is submitted for the Director's approval showing proposed facilities, Buildings and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and Building information for a site. 36. Development Reauirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a development plan. 37. Dwellina: One or more rooms connected together in a residential building or residential portion of a building, which are arranged, designed, used and intended for use by one or more human beings living together as a family and maintaining a common household for owner occupancy or rental or lease on a weekly, monthly or longer basis; and which includes lawful cooking, eating, sleeping space and sanitary facilities reserved solely for the occupants thereof. 38. Diameter at Breast Heiaht (DBH): Diameter of the trunk measured at fifty-four (54) inches above grade. 39. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" 32 u u u u u o U D U U U U U U U U U U U shall include his/her authorized representatives. 40. Dish: That part of the earth station shaped like a saucer or dish. 41. Dish-Type Receiving Antenna (Earth Station or Ground Station): A signal receiving device, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. 42. E.I.F.S.: Exterior Insulated Finishing System. 43. Established Front Building Line: A line parallel to a front lot line and 44. Fenestration: The arrangement of windows in a wall of a building. From the Latin word, "fenestra", meaning window. 45. Financial Institution: Any Building wherein the primary occupation is concerned with such Federal or State regulated businesses as banking, savings and loans, loan companies and investment companies. 46. Fitness Center: An exercise facility provided as an amenity for, and made available to, all occupants of the Building(s). 47. Floor Area Ratio (F.A.R.): The Gross Floor Area of all stories of all buildings within the Real Estate, excluding covered parking or Parking Plazas divided by the total horizontal area within the Real Estate boundaries. 48. Foot-candle: A unit of illumination. It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. 49. Greenbelt: That portion of the yard area which is immediately adjacent and parallel to (i) the right-of-way of 111th Street or (ii) the right-of-way of Springmill Road. 50. Gross Floor Area: The sum of the total horizontal areas of the several floors of all Buildings on a Lot or Parcel, measured from the interior faces of exterior walls. The term Gross Floor Area shall include elevator shafts and stairwells of each story, floor space used for mechanical equipment, interior balconies, and mezzanines. The term Gross Floor Area shall not include penthouses. 33 u o w u u o u u u u, U Lt U U U o U lJ U 51. Hotel: Any Building or group of Buildings containing five (5) or more rooms without direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee, which may include a common kitchen and dining room facilities provided within the Building or an Accessory Building, and which caters to the traveling public. 52. HVAC: Heating, ventilation and air conditioning equipment. 53. Landscaping: The improvement of the Real Estate with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. 54. Loft: A Dwelling within a Retail Building, located above the first floor, having common or party walls, on a single parcel. 55. Lot: A platted portion of the Real Estate intended as a unit for transfer of ownership or development. 56. Lower Level Sign: A sign located on a Building facade below a height of thirty (30) feet, measured from grade level. 57. North Section Line: The North Line of the Northwest Quarter of Section 2, Township 17 North, Range 3 East. 58. Office: A Building or portion of a Building wherein services are performed involving predominantly administrative, professional or clerical operations, including but not limited to professional offices, surgery centers, business or personal service offices, general offices, financial institutions, sales offices, real estate offices, and governmental offices. 59. Office Building: A Building intended for occupancy by any type of office use, which may include Attached Dwellings. 60. Parcel: An un-platted portion of the Real Estate intended as a unit for transfer of ownership or development. 61. Parking Plaza: Parking spaces contained within a multi-level 34 u u U D U o U U U U o U U U U o U D U 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. structure. Parking Plaza Height: The vertical distance from the grade of the ground level of the structure to the top of the parapet that comprises the majority of the perimeter of the structure. Parking Space: An area, exclusive of driveways, having a rectangular area of not less than one hundred eighty (180) square feet and a minimum width of nine (9) feet, permanently reserved for the temporary storage of one automobile. In Parking Plazas, (i) the minimum width may be eight and one-half (8%) feet, and one-half (%) of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space and (ii) the minimum height of such space shall be seven (7) feet. Photocopying and Duplicating Services: A facility providing reproduction, cutting, printing, binding, etc. of written materials, drawings, labels, etc. for occupants of the Building(s). Planting Strip: A portion of land intended to contain plant materials for the purpose of creating a visual separation between Uses or activities. Pond: A body of water either occurring naturally or artificially created and not fed by any watercourse. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. Restaurant: An establishment within the Building where food and drink is prepared for, served to and consumed by the general public. The establishment may have an outside seating component. The establishment may have a separate area, or lounge, where alcoholic beverages are served without full food service, provided the area is accessory to the primary use in (i) square feet or (ii) sales. Retail Building: A Building intended tor occupancy by tood service, general service establishments or retail Uses, which may also include Offices or lofts. Right-ot-Wav: An area of land permanently dedicated to provide light, air and access. Setback: For all Buildings and structures, it is the least measured 35 j I U U U U U U U o u u u o o U D o U o U 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. distance between a Building or structure and the proposed right-of- way of (i) 116th Street, (ii) 111th Street, (iii) Illinois Street, or (iv) Springmill Road. For residential buildings and structures, it is also the least measured distance between a Building or structure and a side or rear lot or parcel line. Sian: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance within the Carmel Zoning Ordinance. South Quarter-Section Line: The South Line of the Northwest Quarter of Section 2, Township 17 North, Range 3 East. Storv: That part of any Building existing between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, that part of the Building comprised between the level of the highest finished floor and the top of the roof beams. Street: A right-of-way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. Trash Enclosure: An enclosed Accessory Structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. Upper Level Sign: A sign located on a Building facade above a height of thirty (30) feet, measured from grade level. Use: The employment or occupation of a Building, structure or land for a person's service, benefit or enjoyment. Vehicle Service Facilitv: An operation providing a service to occupants of adjacent Buildings which involves vehicle cleaning, detailing, lubricating, and oil change services, including similar minor vehicle services such as wiper blade replacement, bulb replacement, filter replacement and other fluid replacements. West Section Line: The West Line of the Northwest Quarter of Section 2, Township 17 North, Range 3 East. Yard. Front: Any side of a lot or parcel adjacent to the right-of-way of 111th Street, 116th Street, Illinois Street or Springmill Road. 36 u u o u u u U D r' U' U D o o L\ 10, U U o o u Section 11.2 Violations of Ordinance. All violations of this Ordinance shall be subject to Chapter 34.0 of the Carmel Zoning Ordinance. 37 u u o U D 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 Kevin Kirby r'\ W U o o u o 0' D D U O~ o U U Joseph C. Griffiths, President Brian D. Mayo Ronald E. Carter Mark Rattermann Frederick J. Glaser Richard L. Sharp ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana, on the _ day of ,2007, at__, M. Diana L. Cordray, IAMC, Clerk-Treasurer APPROVED by me, Mayor of the City of Carmel, Indiana, this ,2007, at__. M, day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 38 D D D D D D D D D D D D D D D D o U U EXHIBIT 1 116th Street Crossing Legal Description A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northwest Corner of the Northwest Quarter of Section 2, Township 17 North, Range 3 East; thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117.22 feet along the North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, to the point of beginning of the 70.174 acre tract of land described in the QUITCLAIM DEEDs recorded as the following instrument numbers: 9127260 to 9127264, 9217780 to 9217784, 9413236 to 9413240 and 9555180 to 9555184 by the Recorder of Hamilton County, Indiana and to the point of beginning of the 1.690 acre tract of land (called Parcel 2) described in the QUIT CLAIM DEED recorded as instrument #200500026462 by said Recorder; thence South 13 degrees 00 minutes 48 seconds West 261.71 .feet (measured, 261.67 feet by deed) along the tenth course of the land description of said 1.690 acre tract of land (the North 13 degrees 01 minute 47 seconds East 261.67 foot long course) to its origin and to the POINT OF BEGINNING of this description; thence South 13 degrees 00 minutes 48 seconds West 261.11 feet along the first course of the land description of said 70.174 acre tract of land (the South 12 degrees 59 minutes 10 seconds West 522.967 foot long course) to the West Line of said Northwest Quarter; thence South 00 degrees 03 minutes 30 seconds West 2,128.98 feet along the West Line of said Northwest Quarter to its Southwest Corner; thence North 88 degrees 57 minutes 32 seconds East 1,335.02 feet along the South Line of said Northwest Quarter to the Southeast Corner of the East Half of said Northwest Quarter; thence North 00 degrees 11 minutes 50 seconds East 995.35 feet along the East Line of the West Half of said Northwest Quarter to the origin of the fifth course of the land description of said 70.174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot long course), the following two (2) courses are along the boundary of said 70.164 acre tract of land; 1) thence South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11 minutes 31 seconds West 749.72 feet to a point called "324" in the land description of the 0.881 acre tract of land (called Parcel2B) in the QUIT CLAIM DEED recorded as instrument #200500026462 by said Recorder, the following five (5) courses are along the boundary of said 0.881 acre tract of land; 1) thence South 89 degrees 48 minutes 29 seconds West 120.01 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 3) thence South 89 degrees 48 minutes 29 seconds West 145.00 feet; 4) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 5) thence South 89 degrees 48 minutes 29 seconds West 174.99 feet to the eastern boundary of the 2.319 acre tract of land (called point 319 in the Parcel 2A land description) described in the QUIT CLAIM DEED recorded as instrument #200500026462 by said Recorder, the following three (3) courses are along the boundary of said 2.319 acre tract of land; 1) thence South 00 degrees 11 minutes 31 seconds East 22.28 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 130.00 feet; 3) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the terminus of the third course (the South 89 degrees 48 minutes 36 seconds West 130.01 foot long course) (called point "310" in the Parcel 2 and Parcel2A land descriptions) of said 1.690 acre tract of land, the following seven (7) courses are along the boundary of said 1.690 acre tract of land; 1) thence North 40 degrees 49 minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 minutes West 200.00 feet; 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83 degrees 34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03 seconds West 163.77 feet; 6) thence South 14 degrees 17 minutes 21 seconds West 131.35 feet; 7) thence North 76 degrees 57 minutes 39 seconds West 36.50 feet (measured, 36.78 feet deeded) to the POINT OF BEGINNING, containing 63.661 acres, more or less. ~ ~ D ~ ~ D ~ ~ ~ ~ IU D D ~ ~ ~ ~ D U NCEPT PlAN HIBIT 2 - CO EX o SCALE SCALE: NOT "[: 05/17/2007 t Crossing 116th Stre: Illinois Street 1 16th Streec~nnel. IN ~ NO RTH III M I ~ I I I ~ ~ ~ ~~ ~ ~ ~ U OJ ~ .....c c8j o rJ) u ~ I ~ I ~ ~ ~ ~ ~ i ~ I I ~ r I I I ~ C>r- .c ~ ~.. or- .... .--- Oi5' 1i5~ ~z -to-- .. C.I) - . 0> .c.E -to-- - ...00 ,..-U ,..- I I i ~ .~i ..ti:ss b~ ~ J. ~ J...t<1:l . Duke REAL TV CORPORA lION 1 16th Street Crossing Carmel, IN May 171 2007 c9J CSO Architects 'II ~ .. m fill ~ cS ~ (oJ (l.,l ...,a . .... ..c ~ < o IJ) u C>'" .c ~ ~.. o~ ->- 00 -+-~ Q) ~z 0,0> ..c:.e -~ 0 """'0 .-- .-- ~s ........ g 4~ ::S~ b~ ~~ t. ,oili..... j, 1. cS tIl .., (J ~ ..... ..d ~ ~ o fJ) u Or- -~~ 0" ..... ~ U~ --+--::: Q) ~Z +- - U)~ ..cO> ~E ~8 r-- ~~ ....- S 4~~~ ~~ '--I~ ~~I !J~ 4~~!~!!~ b~!iljjh ~ . ,....j (/'J (/'J o ~ Uz ..... .-I-J ...... ~ Q)Q) Q)~ jju rn ...q .-I-J \C r-I r-I <( N <( --' c... t!) ~~ :><:< C:::u <((/) c...o II-- bS vz~ li5 g~ It'S;;,. (j (/)0 D U [ [ ~ l.LJ c.=> <C a.. ;2~; !J~ 4,.::::S!!!!!t55 O~uih ~ . ...-4 rJ) rJ) o $-.4 Uz ...... +-J ~ Q.)Q) Q.)~ $-.4u +-J rn ...q +-J \.0 ~ ~ c.=> :z o ...J 5 m ...J~ I=! < o&l IO If"'- f- ..... to 00 ZO I- '" iD~;::' :c <, x (J1l') l.LJ (I) 0 Q ~ D [I. III U ~ 9 9.. 1 I '~ I~ ~ N I..LJ C..!) <( a... ~I J ;I~ rSi ..a .,.:::s!!~~ O~UUJ! ~ . !"""I (/) (/) o J.-4 Uz ...... ...f...eJ ~ Cl)~ Cl)~ J.-4u ...f...eJ r/J ...c: ...f...eJ \.0 r-I r-I ~ z is -l :5 lD -l~ I=! < o~ :Co 1'"'- I- .... to 00 ~z~ Q;j ~ 2- :c C)....... ('j U) ~ ~ c c c " ~ /!i w ~ ~ ~ ~ ~ u.... T: N W ~ <0( a.. ;7 ~~I ;I~ ' ~....-B i ;1;* 4" ::::s!]~ f5E O~uih Q 01"""l r.n r.n o $.-.4 Uz ....... ...f-J ~ (1.)'0) (1.)~ $.-.4U ...f-J rn ...q ...f-J \0 ,....-I ,....-I ~ --' W ~~ w< We..> O:::Ul ~o II- 00 b~ ZO t::: ..~ [B ~~ ::I:<, Xe..>Lt) W UlO EXHIBIT 8 - GREENBELTS SCAlE: NOT TO SCALE 05/17/2007 116th Street Crossing Carmel, IN . 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