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HomeMy WebLinkAboutPacket 06-17-08 City of Carmel CARMEL PLAN COMMISSION -MEMORANDUM- Date: To: From: June 6, 2008 Plan COTnmission Members Adrienne Keeling Department of Community Services Re: .June 17th Plan Commission meeting - Docket No. 080600010A Enclosed is the information packet for the following item. If you have any questions, please give me a call at571-2417. Docket No. 08060001 OA: Monon & Main pun Amendment The applicant seeks approval to amend Ordinance Z-462-04 Manon & Main PUD Ordinance for the purpose of allowing non-residential uses on upper floors in the Primary Area. The site is located at the intersection of Main Street & 3rd Avenue NW and is zoned PUD. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. The Manon & Main ~UD Ordinance was adopted in 2004, which set the framework for an attached residential townhome development, including the option for ground floor retail storefronts. along Main Street in an area referred to as the Primary Area (pg. 19). More specifically, a list of Primary Area permitted uses was included in the pun Ordinance (pg 17), which were limited to the first floor of any Live/Work Dwelling. Now that Manon & Main is well under construction and with most of the Primary Area units complete, there has been much interest in allowing Primary Area pern'litted uses to occur in garages and on upper floors. In fact, four units have successfully petitioned the BZA for variances to allow expansion into garages and/or upper floors. Three more. petitions are pending. Given the fact that so many variances have been granted, the City feels it is appropriate to amend the pun Ordinance to allow this practice to .continue without petitioning the Board. Three section of the pun Ord.inance are affected by {his proposal, they are: . 2.13 (B), Page 5 Eliminates garage requirement for nail residential units (garage remains when used as residence) Fixes anincorrect reference (scriveners error) Live/Work Dwelling, eliminates first floor limitation G 3.5, Page 6 15.26, Page 12 4) 2008-0606; 08060001 OA; PC Memo Page I ONE CIVIC SQUARE CARMEL, INDIAN A 46032 317/571-2417 AS AMENDED / /2008 -- PURSUANT TO ORDINANCE Z- -08 ORDINANCE Z-462-04 . MONON & MAIN PLANNED UNIT DEVELOPMENT DISTRICT DRAFT: .June 6, 2008 Sponsor: Councilor Rattermann ORDINANCE NO. Z-462-04 AN ORDINANCE aI<' THE COMMON COUNCIL OF THE CITY OF CA]tMEL, INDIANA ESTABUSHINGTHE MONON & MAIN PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Cannel/Clay Zoning Ordinance Z-289 (the "Cannel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements of LC. ~ 36-7-4-1500 et seq.; WHEREAS, the Cannel/Clay Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Manon & Main Ordinance") which establishes the Manon & Main PlannedUnitDevelopment District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Camlel, Indiana (the "Council"), that (i) pursuant to IC *36-7-4-1500 et seq, it adopts this Manon & Main Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after it" passage, (ii) all prior commitments shall be null and void and replaced and superseded by this Manon & Main Ordinance, and (iii) this Manon & Main Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 APplicability of Ordinance L L The Official Zoning Map of the City of Carniel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known as Manon & Main. 1.2. Development in the District shall be governed entirely by (i) Ihe provisions of this Manon & Main Ordinance and its exhibits, and (ii) those provisions of the Cannel/Clay Zoning Ordinance specifically referenced in this Monon & Main Ordinance. In the event of a conflict betwe~n this Monon & Main Ordinance ami the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of Ihis Monon & Main Ordinance shall apply. 1.3. Any capitalized term nol'defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the dale or the enactment of this Monon & Main Ordinance. Section 2 Permitted Uses and Development Requirements for Primary Area. Main Street west of Range Line Road is a relati vely intact example' of street"front .retail. The emphasis' is on encouraging new constru.ction and renovations that conform to the' desired character and prohibiting changes that do not conform to the existing charader., The Primary Area will enhance the pedestrian commercial activity in the Old To\vn District All new construction of and alterations and additions to buildings shall occuraccording to the following guidelines: 2.1. Use. The B3 Zoning Classification shall apply to the Primary Area and the permitted uses for the Primary Area. are set forth in what is attached hereto -and incorporated herein by reference as Exhibit "B" (hereafter "Permitted Primary Area Uses"). The Permitted Plimary Area Uses shall be subject to the following: A. No drive-throy.gh or driye"up' facilities are allowed for any use, including automotive, banking, or food sales. B. Residential uses, including Attached Dwellings and Live/Work Dwellings, shall be permitted. 2.2. Building mass. A. New buildings and renovations shall follow the general niassing of.a , "Main Street" commerCial block, i.e., a rectangular building with a flat or slightly sloped roof, oriented perpendicular to the streeL B. Building Height shall not exceed forty five (45) feet in height. C. 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 ofthe first Floor. 2.3. Materials.' A. The ,first Floor and upper Floors may be composed of different materials. The Fat;ade of the uppd Floors on any building that faces a pUblic street may be con.structed of wood siding, Hardi-Plank, brick, stucco,or other masonty units,.and trimmed in stone, contrasting brick, wood, or pre-cast concrete. Any of the .foregoing materials may be painted. B. The firs~' Floor of a. new or renovated building shallilicorporate architecturaL' e1emerits consistent with the tht;me of promoting first ~Ioor storefronts and said storefront architectural elements may be .insertedinto a masonry, wood, stone or concrete pane.I frame which is coordinated with the upper Floor...Storefronts shall be a light'we{ght material including,hul not limited to, aluminum, glass, wood, tile, andpanelized composites. C. The materials in the rear of the building shall be coordinated with the front Fa.:;ade, although 'they may be different. 2 D. Qn the front Faya.de, at least fifty percent (50%) of the total area of the first Floor (up to the line of the second Floor) shaH be transparent vision glass. ' E. Front and side Fayades ofbuildirigs located on comer lots shall be of the same materials and similar:1y'detailed, F. Exterior .walks, steps, ramps and paving shall be masoruyor stone pavers, or poured or pre-cast concrete. 2.4. Architecture. A. Building Rendelings. Attached hereto and incorporated herein by rctcrencl': as Exhibit "c" are bui,lding rendering~ and elevations for the buildings to he constructed. in the Primary Area (hereafter "Building Renderings for Primary Area"). B. Color Palate. Attached hereto and ipcorporatedherein as Exhibit "K" is a color palate (hereafter "Color Palate") depicting the range of acceptable colors of the primary building materials for the buildings to be constructed in the Primary Area and Second<iry Area. The final color schemes shall be approved by the Director pursuant to the Filial Development Plan approval process. 2.5. Windows. Doors. A. A separate entrance facing, a public street shall be provided to the upper Floors of a building if the use differs from Ihe one on the ground Floor. B. Each Floor shall have windows. 2.6, Roof. Roofs shan have a pilch ofless Ihan three to twelve (3:12) and shall not be a substantially visible part of the building. 2.7. Alterations and Additions. Existing..buildings may be substantially modified 10 conform to these guide'lines, ,except' [or designated historic stf\.lctures. 2.8. Detai Is. A. Cornices and other details of existing buildings may not be r~moved, unless the building containing theComices and other details is completely removed in its entirety as part of the Development of the District. B. The Fayade ,should have a flat front, with relief provid~..:i by minor bays, windows and window trim, storefronts; recessed doors,and features such as special brick coursing, Pilasters and lintels. 3 C All new buildings shall have an articulated Cornice at the top 'of the fayade wall. 2.9. Setbacks. A. front Setback The buildings shall be set back no more than eight(8) feet from the front property line to allow for entrances and/or patio areas. B. Side Setback. There are nb ,minimum side setbacks; however, ll1!d,block pedestrian access.to rear parking shall be a minimum of six (6) feet wide. 2.10. Entrances. A. The principal entrance to all retai I areas shall face the public street. B. Additional entrances may face the side of the building. C. No rear entrances are allowed except for residential ot office uses, emergency exits, employees, loading and trash removal. 2.11. Storefronts. Storefronts rnay be internally illuminated with spots or other if!candescent Iigl1ting, so a!'; t~qispJay prominently and attractively the business or its products. Ext~rior lighting may be affixed to the building. 2.] 2. Pem1anent Signs, Awnings and Murals. A. Maximum sign area: First floor occupants shall ,be allowed a total of one and a half (1,]/2) square feet of sign for each linear foot of street frontage, except that no single sign may exceed thirty,two (32) square feet in area. B. Freestanding pemianent signs are prohibited. C. Building signs shall fit within the horizontal and vertical elements of the bu(lding anc~ may not obscure details of the building. D. Signs maybe perpendicular or flat-mounted, including separately mounted letters. Perpendicular signs may not extend more than five (5) feet From the face of the building. E. No sign shall extend'above the Cornice line ofthe building. F. Allowable signs may also be paiiited in graphics in storefront or upper Floof windows, Signs m~y also. be imprinted on awnings. Signs may also be painted on the sides of buildings (see Subsection 11 (j)bdow). All such signs will be included in the calculations for maximum sign area. 4 G. Retractable or fixed fabric awnings are allowed, but these shall fit within' the storefront glass area and may not obscure details of the building. Awnings may only be supported with building-mounted hardware. H. Individual tenants should strive for a unique graphic image, rather than be required to conform to a single graphic style for the whole building, I. Portable signs or displays of merchandise within the street right-of-way, sidewalk or the front setback of the buildi.ng shall not be allowed. .I. Graphics painted on the sides of buildings that are essentially commercial in character or describe activities in the adjacent building shall be considered "signs". Graphics painted on the sides of buildings are otherwise perm i Lted but shall be reviewed for conformance with thi,s regulation. 2.13. Parking and Loading Requirements. A. Parking lots shall be located in the; rear of the bu ilding only. B. Any Townhome or LivelWork Dwelling located in the Primary Area which is used, in whole or in part, as a residence shall contain a ininimLim of a two (2) car garage. ;".lf~it~l?n<lLR,!rl<~l1g.:f:l.!!".!h~.1.i.v~~l?E~J!"Y.e::mhg~u""" shall be provided for by inclusion of twenty four (24) on-street parking , spaces, as is depicted on the Development Plan, C. On-street parking may beused'to fulfill parking requirements. D. Parking requirements may be reduced if businesses with substantially different peak hour requirements agree to share parking. A petition shall be filed with the application indicating the terms of agreement of panies to a shared parking arrangement. E. While existing curb cuts may'he,maintained, no new curb cuts are allowed on Main Slreet, and no parking lots or loading areas may front on Main Street. . F. Screened loading and trash areas shall be provided for all businesses at the rear of the building. Section 3 Permitted Uses and Development Reguirements for Secondary Area. This Secondary Area will balance the pedestrian commercial activity in the Old Town District with multi-family residences. All new construction, alterntio'ns and additions to buildings located in the Secondary Area shalloccUf according to the following guidelines: 3.1. Use. Permitted Uses in the Secondary Area include: A. Multi-family residential uses, including Attached Dwellings 5 Deleted: Any Live/Work Dwolling located In a Primary Area shall contain a minimu-r:n of a two {2} car garage. B. Accessory Uses; including Home Occupation 3.2. Maximum Building J-Jeight: The maximum Building Height shall be three (3) Floors. 3.3 Minimum Set 'Backs: The Minimum Set Back from the north, west and east perinieterboundaI)'lines ofthe Secondary Area shall be five (5) feet. There shall be no Minimum Set Bacl~ from the south boundary line of the Secondary. Area. 3.4 Architecture A. Building rendering and elevations: Attached hereto and incOl]Jorated herein by reference as "Exhibit "D" are a rendering and elevations, depicting the building.materials and architectural elements of the buildings which shall be constructed in the Secondary Area (hereafter "Building Renderings for Secondary Area"). B. Communitv mail box structures: Attache,d hereto and incorporated herein by reference as Exhibit "E"is a rendering of the community mail box structures 'forthe Secondary Area (hereafter "Secondary Area. Community . Mail Box Structures"). 3.5 Parking. Notwithstanding the provisions of Section 2..u.'_l::.'!~,~.I5:I~~T.Iho_ll1c:_shaII, ,,' ,,' { Deleted: 12 contain a minimum of a two (2) car garage. Then,: shall be additional parking spaces provided on the site, as depicted on the Development Plan. Section 4 Accessorv Buildine:s, All Accessory Structures and Accessory Uses shall be petmitted except that any detached accessory building shown in any DevelopmentPlan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which ihs associated. Section 5 Communications~:::quipmcnt. Cell towers shall not be permitted in the District. Home satellite dishes shall be peririittedin the District. Section 6 Platting. The platting ofthe ReaLEstate into smallertfacts sh<ill be permitted, so long as the proposed plat complies with the requirements set forth herein, ana the creation of a new property line within the Real Estate, shall not impose or establish new development standards beyond those specified herein, for the entirely of th,e Real Estate, However, the Development of any parcel shall confoffil to all Preliminary Development Plans and Final Development. Plans which are approved or amended per the terms of SeCtion] 3 below, and all other applicable requirements contained in this Monon and 'Main Planned Unit Development District Ordinance. . Section 7 Landscaping. Landscaping shall be. required in accordance with the Landsqlpe Plan for the Primary Area and Secondary Area. All areas of the site not to be covered by buildings; hardscape materials or other improvements as shown on the Development Plan shall be planted with trees, shrubs, hedges, ground covers, and/or grosses, unless such area consists of 6 attractive vegetation to be retained, as depicted on the Landscape Plan for the PrimalY Area and Secondary Area, which is attached hereto'and incorporated herein by reference as Exhibit "F". 7.1 Planting Standards. Landscaping shall be integrated with other functional and ornamental site design dements, where appropriate, such as hardscape materials, paths, sidewalks, or any water features; and plan'ted at a Tatip of six (6) shrubs per unit and (1) one. tree per unit. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one-half (2-.1/2) -inch caliper and seven (7) feet in height atlhe time of planting unless otherwise specified herein or otherwise indicated on the Landscape Plan. Evergreen trees shall be a mInimum of six (6) feet in height at the time of planting. Shrubs shall be two (2) feet in height at the time of planting. All trees, shrubs and ground covers shall be planted according to accepted horticultural standards; Landscaping materials shall be appropriate to local growing and climatic conditions. P.lant suitabjlity, maintenance and compatibility with site construction features are critical factors' that should be considered. Plantings should be designed with repetition, structured patterns, and complementary textures and colors, and should reintorce the overall character of the area, T2 Maintenance, It shall be the responsibility of the owners and their agents to insure proper.maintenance of project landscaping approved in accordance with this Monon & Main 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. 7.3 Tree Conservation. Because the Developer intends to preserve the established trees located along the North and West perimeters of the Real Estate, those areas located along the North and West perimeters of the Real Estate are designated as "Tree Conservation Areas" pursuant to the Landscape Plan. The Developer shall implement reasonable efforts in an attempt to preserve those established trees, including efforts such as fencing, trimming and/or other acceptable horticultural practices and measures designed to preserve said trees. While the Developer shall implement reasonable efforts to preserve said trees, said trees may be removed by the Developer pursuant to t~le Developer's reasonable discretion and Developer may also remove said'trees under any onhe following circumstances: ]. As is necessary to clear undetbrush and dead trees; 2. As is necessary fat the installation of access easements, rights-of-way, streets, paths, sidewalks; and utilities and drainage improvements and infrastructure; and 3. As necessary for public hearth and safety. 7 7.4 Landscape P.Jans. Landscaping for the District shall be in accordance to: (i) the Landscape Plan for the Primary Area and Secondary Area, which is attached hereto and incorporated het'eili by reference as Exhibit 'T', Section 8 Li!!htinl! 8.1. Frontlighting Jor Primary Area and Secondary Area Buildings; Each building shall have one (1 ) light fixture mounted to the front of the unit above or near the side of the primaty residential entryway. The light shall be as depicted on Exhibit "0-1." lU Rear lighting for Primary Areaaliu Secondary Area Buildings: Each Townhome shaH have one (1) exterior grade ligbt fixture mounted above the overhead garage door. The lights shall be as depicted on Exhibit "0-2". Each Townhome shall have one (1) exterior grade light fixture mounted on the rear of tlie unit designed to provide light to the tel1llce area. lU Site Lighting: The :;ite shall include small pole mounted lighting in locations as depicted on what is attached hereto and incorporated herein by reference as Exhibit "G-3". The light shall be asdepictcd on Exhibit "0-4". Section 9 Project Marketinl!Signs. Marketing Signs for the sale of TownJ:wme units shall be allowed in designated areas as depicted on tht: Site Plan Marketing Sign Locations, which is attached hereto and incorporated h~teinby reference as Exhibit "II-I". While Marketing Signs may be moved in conjunction w~th project phasing, no more than three, .(}) locations may be utilized <!t any given time. Marketing Signs shall be substantially similar to that as depicted on what is attached hereto and incorporated herein by reference as Exhibit "H-2';. Section 10 Right of Way Dedication and Roadwav Improvement Statement. Section 10.1 Main Street: \Vithin the project area as depicted onJhe Conceptual Plan in Ex hibit 'T', thirty-five feet (35') half~right-of-way will be dedicated to the City; since buildings are located on the right~of~way line, the Developer shall install. front improvements within the right-or.way subject to this Monon & Main POO Ordinance; such improvements will include sidewalks as depicted on the Com;eptual Plan in Exhibit ""I". Section 10.2 3rd Avenue Northwest: Within the project area as depicted on the Conceptual Plan in Exhibit "I", the right~of-way will include the planned on-street parking spaces and street improvements, which will include on-street parking and curb. Section 10.3 151 Street Northwest: Within ~be project area as depicted on the Conceptual Plan in Exhibit "1';, improvements will occur within the existing right-or.way andwiH include on-street parking, curb and driveways as shown, . Section 11 Mechanical- Equipment. 'Any.'mechanical ,equipment visible from an adjoining pubiic street shall be screened v{ithsuitable landscaping or fencing in general architectural compatibility with the bui Iding(s) with which it is associated. 8 Section 12 Homeowners Association and Declaration of Covenants. The Developer shall prepare and record a Declaration of Covenants which shall also contain various provisions regarding the Real Estate as deternlined by the Developer, iricluding, without limitation, provisions for mandatory assessments and maintenance of common areas. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. Section 13 Approval Process: 13.1 Approval ohhe Development Plan. A. Exhibit "I", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CJ?"). The CP was assigned DOl;ket No. 04070036 ADLSIDP and the CP has been reviewed and approved by the Plan Commission, The CP constitutes the Development Plan and primary plat for the Real Estate. The architecture, design, lighting and landscaping for the Real Estate and the improvements thereon, considered in connection with the Monon & Main Ordinance, do not require any further (i) ADLS approval or (ii) Development Plan/primary plat approval other than Final Development Plan approval per the procedure set' forth below in this Secti.on 13. If there is a Substantial Alteration in the approved ADLS and Deyelopment Plan/primary plat, review and approval of the' amended plans shall be made 'by the Commission, or a Commitree thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. B. 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 "FDIl") for the 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 the CP and i,s i,n conformance with the Development Requirements and Development Standards of this Monon & Main Ordinance. If the Director disapproves allY FOP, the Director shall set forth in writing the basis for the 'disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission. C. An amendment to the FDP, which is not determined by the Director to be a Substantial Alternation or Material Alteration from the approved CP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Altemtion between the approved CP ~md any proposed FDP, the Director may, at the Director's discretion, refer th~ amended FOP to 9 the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof D. The FDP shall be a specific plan for the development ofall or a portion of the Real Estate that is submitted for approval to the Director; which shall include reasonable' detail regarding the facility and structures to be constructed, as well as drainage, 'erosion control, utilities, and building information. Section 14 Rules of Construction: 14.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: A. The singular number inclUdes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in thepresent 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. The word "should" is a preferred requirement., . Section 15 Definitions 1. Accessory Structure, A structure subordinate. to a building or use located on the Real Estate which is not used for permanent human ocCupancy. 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. Attached Dwelling. A Dwelling, including but not limited to, a Townhouse, duplex,' triplex, or quadriplex dwelJings, de,:,eloped side by side for sale as condominiums. or townhomes pursuant to a horizontal property regime, or as fee simple dwellings where land is sold with the dwelling. 4, Building Height. The vertical distance from the highest grade relative-to the Street frol1tage to the cornice 1 ine or to the roof edge line. The vertical distance from the cornice Line or the roofedge to the parapet of roof ridge {including gables), and the height of towers, steeples, cupolas. and other architectural roof embellishments are not included in calculating building heignt. 5. City. The City of Carmel, Indiana. 6. Commission. The Carmel/Chy Plan Commission. 10 7. Cornice. The top part of an entablature, usually molded and projecting. 8. Council. The City Council of the City of Carmel, Indiana. 9. County. Hamilton County, Indiana. 10. Declaration of Covenants. A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the Recorder of Hamilton County, Indiana1 and which may, from time to time, be amended. 11. Plan, Conceptual. A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building locations. The Conceptual Plan is attached hereto and incorporated her~in by reference as Exhibit "I". 12. Development Plan, Final. A specific plan for the development of the Real Estate that is submi.tted for approval showing proposed facilities, buildings, and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting and building information for the site. 13. Devdopmem ReCluirements. Development standards and any requirements specified in this Manon & Main Ordinance which must be satisfied in connection with the approval ofa Final DevelopmentPlan. 14. Developer. A person engaged in development of one or more. phases of the Development. 15. Development. The Real Estate constituting the District as it may be developed and improved in accordance with this Ordinance and the Development Requirements contained herein, 16. Development Plan. Also refen-ed to: as the Conceptual Plan, which is the plan for the development of the District approved by the Commission, a copy of which is attached hereto as Exhibit "I", as the same may be modified from time to time pursuant to Section 13. Also rcfen-ed to as Preiiminary Development Plan. 17. Director. Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. 18. District. Approximately 4.45 acres'of land described in Exhibit "A" attached hereto and incorporated herein. 11 '. 19. Dwelling. Arooin or combination of rooms. which may be designed for yearcround habitation, containing a bathroom. and kitchen facilities, which maybe designed for and/or used as a permanent residence by at least one person. See also "AUached Dwelling" am! "Live/Work Dwelling." 20. Facade. Abuilding face or wall. 21. Floor. See definition of Story. 22. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. 23. Minor Alteration:: Anychang~' 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. 24. Landscape Plan. The general design for landscaping in the DistriCt depicted on the Development Plan OrOI1.a plan or drawing submitted to the Department. 25. Landscaping. 'Frees; shrubs, ~edges, [lowers ground covers grasses, ot.her plant. materials and associated structures:'arid improvements. 26. Live/Work Dwelling, A typ'e ofAttache'd DWelling in which the usesperrnitted in the Primary Area are permitted in the Live/Work Dwelling'pursuant.to SeGtioll2 of this Ordinance. ._ _ 0._ _ _nn _ _. _" h_U.UUU ____ _ __ n_ ._n .__u. _ ___uunnnn _0._0.0. _ _'0._' _. _ .__ 0._ 0. _ 0._ 27. Marketing Sign. A ternponiry sign which advertises the sale, rental or development I of the premises upon which it is located. 28. Mixed Use. The combination of both corrimercial and resid<;ntiaL uses within a Single building of two or more stories. 29. Modification. A chang~ to the Development Requirements approved pursuant to Section 13. 30. Open Space. A land surface within the Development intended to ~nhance the l.jSe and elljoyment ofre,side11ls of the Development, where pesjgnated, the community at large. Grass and landscaped areas, hardscape materials, paths and sidewalksfuay be included in the required area calculations, 31. Owners' Association, An Indiana nonprqfit corporatiof! established for the promotion of the health, safety and welfare of the residents of Monon & Main, and to manage, tnaintain, and repair the common areas withil1 theReal Estate and any improvements located thereon. 32. Pilaster. Acolumn partially embedded in a wall. 12 Deleted: The flnt floor, only, of any Live/Work Dwelling may be utilized for t!l.e nOIl-resid.en~ial uses pursuant to Sect~oTl 2 Oflhis Ordinance. 33. Primary Area.. That part of the District more particuiarlydelineated in green on the Primary Area and Secondary Area Map attached hereto and incorporated herein as Exhibit "r'. The line delineating,the Primary Area boundaries tmiy be adjusted by ten (10) feet to the north or south. 34. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "An. 35. Rightcofc Way: An area of land permanently dedicated to provide light, air and access. 36. Secondary Area.. That part of the District more particularly delineated in yellow and located north of the Primary Area as m.ore partiCularly delineated on the Primary Area and Secondary Area Map attached hereto and incorporated herein as Exhibit "J". The line delineating the Secondary Area boundaries may be adjusted by ten (10) feet to the 1}orth or south. 37. Set Back: The least measured distance between a building or structure, excluding, however, porches, patios, and the perimeter boundary of the Real Est.ate. For purposes ,of detemlining Set Back, the perimeter boundat)' of the Real Estate (i) shall always mean and refer to the outsidCperimetcr boundary line of the Real Estate and (ii) 'shall not be. chang<:d or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. 38. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. 39, Story and/or Stories. A habitable level and/or levels within a building no more than 16 feet in height from floor to ceiling. Abasement, although wholly or partiaIly habitable, is not a story unless more than fifty percent (50%) of the basement elevation is above grade at the buildcto line. 40. Street. The paved areas located in ~he District designed for vehicular traffic and labeled on the Development Plan as a street with a corresponding name. 41. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (l 0%) o'r more of the plan' s total area., totil square footage of all buildings, or approved materials. . 42. Townhome; A Dwelling of two (2) or more Dwellings aJTanged side by side, separated by common walis between living areas, each having more than one story. 43. Townhome Building: A structure containing Townhomes. 44. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. 13 Sedion 16 Violations 16.1 All violations of~s Monon & Main Ordinance shall be subject to Section 34.0 of the CarmeVClay Zoning Ordinance. ~. PASSED by the, Common'Council of the City of Cannel. Indiana this dO +L.day of ill..t~ ,2004, by a vote of I ayes and 0 nays. OUNCIL FOR THE CITY OF C , , Presented by me to the Mayor of the City of Cannel, Indiana the :). IS+ day of DJ-.\"c,"')~.J,;-t~ , 2004, at Cl '. l U o'clock .d::-.M. 14 Approved by me, Mayor of the City of Carmel, Indiana, this .U"c,"n,/;<.\ ,2004, at tf, ID o'clock~.M. a,s+ b /d~{ d '. es Brainard, Mayor CP- A This Instiurllent prepared by: David E. Leazenby: Buckin~ham Companies 333 N.Pennsylvama St., 10 Floor Indianapolis, IN 4'6204 This Instrument reviewed by: Charles D. Frankenb.erger & James E. Shinaver NELSON & FRANKENBERGER 3021'East 98th Street, Suite 220 Indianapolis, IN 46280 H:'Janet\Eden\Council Draft 1 Ordinance II1504.doc 15 day of .. EXHIBIT "A" Lee:al Description DESCRIPTION OF REAL ESTATE OF FREDERICK P. HINSHAW AND NANCY B.IDNSHAW TRACT 1 A part oithe East Halfofthe Northeast, Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Beginning 69 rods 4 feet 6 inches West of the Southeast corner of said Quarter section, run thence North 18 rods 7 feet, thence West 1 O. rods~ thence South 18 rods 7 feet, thence East 10 rods to the. place of beginning, the same being located in the Town of Carmel, Hamilton County, Indiana, containing 1.15 acres, mote or less. Subject to the right of way for Main Street (131st Street). Subject to all legal easements and rights of way. TRACT 2 Part of the East Half of the Northeast Quarter of Section Twenty-Five (25), Township Eighteen (1'8)North, Range Three (3) East, described as follows: BeginSl rods and 14 feet West of the S.outheast comer of said QUarter Sectton and run' North 18 rods and 7 feet, thence West 15 rods and 10 feet, thence South 18 rods and 7 feet, thence East 15 rods arid 10 feetto the pLace of beginillng, in Hamilton County, Indiana:, containing 1.80 acres, more"or Less. Subject to the right of way for Main 'Street (131 st Street) Subject to a111egal easements and rights of way. TRACT 3 , A part of the Southwest Quarter oftne N()rthe~ Q:uarter'ofSection 25, Township 18 North, Range 3 East in Hamilton County, lndiana~-more particularly described as follows; Begin at the Southeast comer oft(le Southwest Quarter of the Northeast Quarter of said Section 25, and run thence North on the East line of said Quarter Quarter Section 301 feet; thence West parallel with the South line of said Quarter Section 212.83 feet; thence South parallel with said East line, 307 feet to the South line of said Quarter Section; thence East on saidSouth line 212.83 feet to the place of beginning, containing 1.50 acres, more or less. Subject to the right of way for Main Street(Bl St Street) Subject to all legal easements and rights of way. 16 EXHIBIT "B" The following is a Schedule of Permitted Uses pertaining to the use and development of the Primary Area: RESIDENTIAL Multiple Family Dwelling Home Occupation Boarding or Lodging House Nursing/Retirement/Convafescent Facility LivelWork Unit OFFICE Clinical or Medical Health Center Research Laboratory/Facility General Offices Professional Offices INSTITUTIONAL. ChurchffemplelPlace of Worship Hospital Library Post Office . Public Service Facility EDUCATIONAL School. Trade or,Business College or University Day NurserylDay Care Kinaergarten/Preschool RETAIL & SERVICE General Retail 'Sales General Service Automobile Service Station Automobile/Truck Repair (indoor) Dry Cleaning Establishment (wi on-site plant) Dry CLeaning Establishment (w/out em-site plant) Equipment Sales/Repair (indoor.) Financial Institution AIM Funeral Home/Mortuary/Crematory Recreational Vehicle/Mobile Home Sales Roadside Sales Stand Self-Service Laundry Veterinary Hospital w/out commercial kennel Wholesale Sales 17 ,4'" " 'i CULTURAUENTERTAINMENT Art Gallery Art & Music Center Carnivals, Fairs, Circuses, etc. Hotd Hotel (full service) Indoor Theater' Catering Establishment Restaurant, wlout drive-thru. food sales Meeting or Pa.rty Hall TavemlNight Club INDUSTRIAL Storage. and/or Sale of Petroleum Products PrintinglPublishing Establishment AGRICULTURAL USES Plant Nursery General Agriculture RECREATIONAL CommerciB:! Recreational Facility, Indpor Commercial Recreational Facility, Outdoor Country Club Golf Course Private Club or Lodge Private Recreational Facility Park, Public Shooting Gallery MISCELLANEOUS ArtificialLake or Pond (non-platted) Cemetery Commercial Parking Lot TRANSPORTATION & COMMUNICATION Collocated Antenna Radio "and/or Television Studio RadiolTe1evision Transmission Antenna Radio/Television Transmission Tower Tower Motor Bus or Railroad Passenger Station 18 I'\w _. ~.... Ono ~ tIocll 2. _ 2m R-4 "'----- Old T""" V~. (1,,*, '7"'H,);I~1 (,"",C_2,~"'~1 R-4 . ..... II . Primary Area o Secondary Area R-2 Monon and Main ...\exhlblt-colorreference.dgn 8/27/20048:41 :09 AM "\ ..- 6-3 ., ...'