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HomeMy WebLinkAboutAdditional InformationConn, Angelina V From: Conn, Angelina V Sent: Friday, February 10, 2012 12:48 PM To: 'francois mercho' Cc: 'Eric Gleissner'; bcross @civilsite net Subject: FW Monon & Main changes proposed Good afternoon, Francois - The Planning Director has asked me to pass on a couple of concerns he has with the new proposal for Monon and Main: The original plan for M& M was designed so that front or side building facades would be visible from Main Street and the approach of 4th Ave SW into the round -about intersection. The new proposal would totally reverse that, so that the new view into the project will be primarily garage doors, driveways, and rear balconies. I would consider the re- orientation of buildings to be a significant deviation from the original plan. I really like the new greenspace plan, and also agree with you about the potential importance of a 41h Ave /Harlin Blvd which would be lost. The City Engineer and I have discussed the importance of that and believe it is an issue we can work through. However, the proposed new plan does represent a change that is significant enough from the approved site plan that the Department is not empowered to make the final call, (meaning that it will have to be sent to the Plan Commission or a Committee thereof for final review /approval.) Angie Conn, Planning Administrator City of Carmel Planning & Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317- 571 -2417 1 F: 317 - 571 -2426 E: aconn @carmel.in.gov Check out our new website: www.carmeldocs,com Please consider the environment before printing this e-mail From: Conn, Angelina V Sent: Tuesday, February 07, 2012 3:46 PM To: 'francois mercho' Cc: Hollibaugh, Mike P Subject: RE: Monon & Main'changes proposed Good afternoon, Francois - I did receive your voicemail message from earlier today. One slight concern we have is with the road just ending, just north of the roundabout, How will this effect traffic flow or effect a possible future connection to the north of the development? The Director has still not made a determination about whether or not this would be a Substantial Alteration or a Minor Alteration from the PUD and prior approved plans. I hope to have a definite answer by sometime tomorrow that I can relay to you. Have a nice evening, Angie Conn, Planning Administrator From: francois mercho [ mailto :francoismercho(agmail.com] Sent: Friday, February 03, 2012 4:26 PM To: Conn, Angelina V Subject: Re: Monon & Main changes proposed 1 Hi Angie Thanks for responding within a short notice...I just wanted to explain the new schematic and let you know that this plan allows for more green space while keeping the number of units the same, at a total Count of 21 Units. We have experienced few problems in the already built section where the design does not allow for simple maneuverability, therefore the new plan... Angie it is worthwhile mentioning that if the approval will require more than an administrative approval and ends up being a lengthy process we will use the plan as approved. The lay out that Brian e mailed was completed as the mayor suggested in our past meeting that a court yard design and a street behind building 8 will add more character and ease of flow in that section. At any rate I really appreciate your promptness in responding and hope to meet with you soon. Please feel free to call me any time at 317- 201 -4151 Francois E. Mercho / MSCE On Fri, Feb 3, 2012 at 2:09 PM, Conn, Angelina V <Aconn @carmel.in.gov> wrote: Good afternoon, Francois: I am just writing to let you know that I did receive your voicemail message earlier today. Eric Gleissner of Civil Site Group also sent me an email yesterday about the Monon and Main proposal. I have forwarded the site plan on to the Planning Director, Mike Hollibaugh, and am awaiting a response as to what approval process is required for such a change. I will most likely have an answer from hiin by Monday, and I can copy you on the email that I send back to Eric. Have a nice weekend, Angie Conn, Planning Administrator City of Carmel Planning & Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317 - 571 -2417 1 F: 317 - 571 -2426 1 E: aconn@ carmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail 11505 Grassy Court suite 103 Fishers, IN 46037 (317)577 -0300 Office (317)577 -0200 Fax Francois@inte■Yrabialdersincly.com www. in teuabuildersiudv.corn 2 COMMLTI1' ENTS CONCERNYNG THE USE - AND DEVELOPMENT OF REAL ESTATE Carmel Monon LLC (hereafter, "Cannel Monon "), the contract purchaser of the real estate located in Hamilton County, Indiana, and described in what is attached hereto and incorporated herein by referenced as Exhibit "A" (the "Real Estate "), makes the following Commitments (the "Commitments ") to the Plan Commission of the City of Carmel (the "Plan Commission ") and the City Council of the City of Carmel, Indiana (the "Council ") for the Monon on Main Planned Unit Development Ordinance. Section 1 Cross Reference. These Commitments are made in connection with approvals obtained under Docket Numbers 04070035 PUD and 04070036 ADLS_ Section 2. reference: Exhibits. The following exhibits are attached hereto and incorporated herein by Exhibit "A ". Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the real estate (the "Real Estate''); Exhibit "B "_ Attached hereto and incorporated herein by reference as Exhibit 13" is the conceptual district map (the "District Map ") which apportions the Real Estate into the primary area and secondary area (the "Primary Area" and "Secondary Area ". collectively); Exhibit "C ". Attached hereto and incorporated herein by reference as Exhibit "C " is the Development Plan (the "Development Plan ") which depicts the site; Exhibit "D ". Attached hereto and Incorporated herein by reference as Exhibit "D" is what shall hereafter be referred to as the "Right-of-Way Improvement" rendering. Section .3 Definitions- Different words and terms are defined throughout these Commitments and further, the following definitions shall apply throughout these Commitments: 1. Developer. The term "Developer" shall mean and refer to Carmel Monon and its successors and assigns. 2. Homeowners Association. The term " Homeowners Association" shall mean and refer to a non - profit corporation established by the Developer per the terms of the Umbrella Declaration_ Section 4. Commitments Applicable to Primary Area. The following commitments are applicable to improvements to the north side of the Main Street Right -of -Way and within the limits of the project area as detailed on Exhibit "D" attached hereto: 1. Installation of concrete sidewalk, which shall be fourteen feet (14') in width and built to City standards_ 2. Installation of curb, which shall be built to City standards. 3. Installation of asphalt pavement adjacent to curb, which shall be seven feet (7') in width and built to City standards. Installation of painted parking stalls and painted pursuant to City standards. 5. Installation of trees adjacent to curb along Main Street pursuant to the Landscape Plans filed in connection with Docket No. 040700352 and 04070036DPIADLS. These street trees shall be installed to permit incorporation of tree grates by the City, at the City's cost, at a future date. Section 5. Eindingon Successors These Commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These Commitments may be modified or terminated only by a decision of the Plan Commission after a public hearing wherein notice as provided by the rules of the Plan Commission has been made. The provisions of this paragraph 5 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) on the Town's Official .Zone Map. Section 6. Effective Date The Commitments contained herein shall be effective upon the occurrence of all of the following events: 1. The adoption of an ordinance by the City Council of Carmel,, Indiana, assigning the requested Monon and Main PUD classification to the Real Estate; 2. The acquisition of the Real Estate by Carmel Monon or its successors and assigns; and 3. The commencement of the development of the Real Estate in accordance with the assignment of the requested Manors and Main PUD classification. Section 7. Recording The undersigned hereby authorizes the Secretary of the Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Section 8. Enforcement These Commitments may be enforced by the Commission and the City Council of Carmel, Indiana and any property owner within or immediately adjacent to the Real Estate. IN WITNESS WHEREOF, has caused these Commitments to be executed as of the date first written above. CARItilEL MONON LLC By: STATE OF INDIANA ) ) SS: COUNTY OF.MARION ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared , as of Carmel Monon LL.C, and having been duly sworn, acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal. this My Commission Expires: Residing in County day of 7004. Notary Public Printed Name Prepared By: James E. Shinayer, Nelson & Frankenberger, 3105 East 98th Street, Suite 170, Indianapolis, IN 46280. H:UanetiEdcn\Cammiunents 100504.dac EXHIBIT "A" Legal Description DESCRIPTION OF REAL ESTATE OF FREDERICK F. HINSHAW AND NANCY B.TNSHAUV TRACT 1 A part of the East Half ofthe 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 10 rods, thence South 18 rods 7 feet, thence East 10 rods to the place of beginning, the same being located in the Town of Cannel, Hamilton County, Indiana, containing 1.15 acres; more or less, Subject to the right of way for Main Street (131' 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 (18) North, Range Three (3) East, described as follows: Begin 51 rods and 14 feet West ofthe Southeast corner of said Quarter Section 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 and 10 feet to the place of beginning, in Hamilton County; Indiana, containing 1.80 acres, more or less. Subject to the right of way for Main Street (131' Street) Subject to all legal easements and rights of way. TRACT 3 A part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Begin at the Southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 25, and run thence North on the East line of said Quarter Quarter Section 307 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 said South 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 (131s` Street) Subject to all legal easements and rights of way. a Sponsor: Councilor Rider ORDINANCE Z- 519 -08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance aniending the Motion & Alain Planned Unit Development District Ordinance WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4), each unit of local government that wishes to adopt land use and zoning ordinances must first 'approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan ") Docket No 16 -96 CP was given a favorable recommendation by the Carmel /Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC- 09- 03 -96 -03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the City wishes to maintain an orderly, consistent-and streamlined Zoning and Subdivision Control Ordinances; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -1512 the Common Council is authorized to adopt or amend Planned Unit Development district ordinances; and WHEREAS, the Council has amended the proposal in order to allow certain non- residential uses to occur in upper floors and garages in the Primary Area; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana: Section I: Pursuant to IC 36 -7 -4 -1500 et seq. and after Docket No. 08060001 OA having received a favorable recommendation from the Cannel Advisory Plan Commission on Tuesday, July 15, 2008, it hereby adopts this Ordinance to amend and restate the Monon & Main Planned Unit Development District Ordinance (Ordinance No. Z- 462 -04), as provided in Exhibit "1" attached hereto. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section Ill: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Prepared by John.R. Molitor, Carmel Plan Commission Attorney. 7/25t2008 P SSED by the'Common Council of the City of Carmel, Indiana this � a day of 2008, by a vote of 1 ayes and Q nays. COMMON COUNCIL FOR THE CITY OF CARMEL esiding Of Richard L. harp, Pres ent Pro Tempore Kevin D. Rider -V7Atcetturo W. Eri Seid sticker•, Ronald E. Carter ATTEST: • . Diana L. Cordray, IAMC, Clerk-Tr .urer uci-" nyder Presented by me to the Mayor of the-City of Carmel, Indiana this 124-day of 2008, at 7.100 P .M.. Diana L. Cordray, IAMC, Clerk -Tree lrer Approved y me, Mayor of the City of Cannel, Indiana, this t 9 day of 2008, at L.: 4-t P.M. ATTEST: Diana L. Cordray, IAMC, Clerk -' e: surer Prepared by John R. Molitor, Carmel Plan Commission Attorney. 11 7/25/2008 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TOAMEND THE MONON AND MAIN PUD ORDINANCE PURSUANT TO INDIANA CODE 36-7 -4 -605 ORDINANCE Z- 519 -08 An Ordinance to Amend the Monon and Main Planned Unit Development (PUD) Ordinance To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members:. The Carmel Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 08060001 OA) to amend the Monon and Main PUD Ordinance, in order to allow non - residential uses in the upper floors and garages of units in the Primary Area. The area affected is generally located at the intersection of Main Street & 3rd Avenue NW. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regularly scheduled meeting on July 15, 2008, the Commission voted ten (10) in Favor, zero (0) Opposed, one (1) Abstaining, to forward to the Common Council the proposed Ordinance Z- 519 -08 with a Favorable Recommendation. Please, be advised that by virtue of the Commission's Favorable Recommendation, pursuantto IC 36- 7- 4- 607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the'date of the original Certification (July 18, 2008) is Thursday, October 16, 2008. CARMEL PLAN COMMISSION Leo Dierckman, President !ac - '044'1194A, 774A4-011%-' Ramona Hancock, Secretary 4(-- Carmel Advisory Plan Commission Dated: July 18, 2008 2008 -0716 08060001'0A Z- 519 -08 PC Certification L_E A) V EZ 1flf EXHIIBIT "1" AS AMENDED / / 2008 PURSUANT TO ORDINANCE Z-519-08 ORDINANCE Z- 462 -04 MOON & MAIN PLANNED UNIT DEVELOPMENT DISTRICT Prepared by John R. Molitor, Carmel Plan Commission Attomcy. l l l 7/25/2008. ORDINANCE NO. Z- 462 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE MONON & MAIN PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel /Clay Zoning Ordinance Z -289 (the "Carmel /Clay Zoning Ordinance "), provides - for the establishment of a Planned Unit Development District in accordance with theTrequirements of I.C. -§ 36 -7-4 -1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission ") has given a favorable recommendation to the ordinance- set forth herein (the "Monon & Main Ordinance ") which establishes. the Monon & Main 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 Monon -& Main Ordinance, as an amendment to the Carmel /Clay Zoning Ordinance. and it shall be in full force and effect from and after its passage; (ii) all prior commitments shall be null and void and replaced and. superseded by this Monon & Main Ordinance, and (iii) this Monon & Main Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section ] Atiplicability of Ordinance The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carrnel/Clay.Zoning Ordinance, is hereby changed t� designate -the land described in Exhibit "A" (the "Real Estate "), as a Planned Unit Development District to be known as Monon & Main. 1.2. Developmentin the District shall be governed entirely by (i) the provisions of this Monon & 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 between this Monon & Main Ordinance and the. Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Monon & Main Ordinance shall apply. 1.3. Any capitalized term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this Monon & Main Ordinance. Prepared by John R. Molitor, Carnet Pion Commission Attorney. 7/25/2008 1 Section .2 Permitted Uses and Development Requirements for Primary Area. Main Street west of Range Line Road is a relatively intact example of street front retail. The emphasis is on encouraging new construction and renovations that conform to the desired character and prohibiting changes that do not conform to the existing character. The Primary Area will enhance the pedestrian commercial activity in the Old Town District. All new construction of and alterations and additions to buildings shall occur according 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 Primary Area Uses shall be subject to the following: A. No drive - through or drive -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. 22. Building mass. A. New buildings and renovations shall follow the general massing of a "Main Street" comliiercial block; i.e., a rectangular building with a flat, or slightly sloped roof, oriented perpendicular to the street. 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 of the first Floor. 2.3. Materials. A. The first Floor and upper Floors may be composed of different .materials. The Facade of the upper Floors on any building that faces a public street may be constructed" of wood siding, Hardi - Plank, brick, stucco, or other masonry units, and trimmed in stone, contrasting brick, wood, or pre -cast concrete. Any of the foregoing materials may be painted. B. The first Floor of .a new or renovated building shall incorporate. architectural elements consistent with the theme of promoting first Floor storefronts and said storefront architectural elements may be inserted into a masonry, wood, stone or concrete panel frame which is coordinated with the. upper Floor. Storefronts shall be a lightweight material including, but not limited to, aluminum, glass, wood, tile, and panelized composites. C. The materials in the rear of the building shall be coordinated with the front Facade, although they may be different. Prepared by John R. Molitor, Carmel Plan Commission Attorney 2 7/25/2008' D. On the front Facade, at least fifty percent (50 %) of the total area of the first Floor (up to the line of .the second Floor) shall be transparent vision glass. E. Front and side Facades of buildings located on corner lots shall be of the same materials and similarly detailed. F. Exterior walks, steps, ramps and pavirig.shall be masonry or stone pavers, or poured or_pre- cast.concrete. 2.4. Architecture. A. Building Renderings. Attached hereto and incorporated herein by reference as Exhibit "C" are building renderings and elevations for the buildings to be constructed in the Primary Area (hereafter "Building Renderings for Primary Area "). B. Color Palate. Attached hereto and incorporated herein 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 Secondary Area. The final color schemes shall be approved by the Director pursuant to the Final 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 the one on the ground Floor. • B. Each Floor.shall have windows. 2.6. Roof. Roofs shall have a pitch of less than 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 to conform to these guidelines, except for designated historic structures. 2.8. Details. A. Cornices and. other .details of existing buildings may not be removed, unless the building containing the Cornices and other detailsis completely removed in its entirety as part of the Development of the District. B. The. Facade should have a flat front, with relief provided by minor bays, windows and window trim, storefronts, recessed doors, and features such as special brick coursing, Pilasters and lintels. Prepared by John R. Molitor. Carina! Plan Commission Anomey. 3 7/25/2008 C. All new buildings shall have an articulated Cornice at the top of the Facade 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. 13. Side Setback. There are no minimum side setbacks; however, mid -block pedestrian access to rear parking shall be a minimum of six (6) feet wide. 210. Entrances. A. The principal entrance to all retail 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 or office uses, emergency exits, employees, loading and trash removal. 2.11. Storefronts. Storefronts may be internally' illuminated with spots or other incandescent lighting, so as-to display prominently and attractively the business or its products. Exterior lighting may be affixed to the building. 2.12. Permanent Signs, Awnings and.Murals. A. Maximum sign area: First Floor occupants shall be allowed a total of one and a half (1 -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 permanent signs are prohibited. C. Building signs shall fit within the horizontal- and vertical elements of the building and may not obscure details of the building. D. Signs may be 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 painted in graphics in storefront or upper Floor windows. Signs may also be imprinted on awnings. Signs may also be painted on the sides of buildings (see Subsection 116) below). All such signs will be included in the calculations for maximum sign area. Prepared by John R. Molitor, Carmel Plan Commission Attorney. 4 7/25/2008 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 building shall not be allowed. J. 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 permitted but shall be reviewed for conformance with this regulation. 2.13. Parking and Loading Requirements. A. Parking lots shall be located in the rear of the building only. B. Any Townhome or Live/Work Dwelling which is used, in whole or in part, as a residence shall contain a minimum of a two (2) car garage. The exterior of non - residential units in the Primary Area shall have the appearance of a two (2) car garage.by maintaining operable.garage doors. Additional parking for the Live/Work Dwellings 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 be used 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 parties to a shared parking.arrangement. E. While existing curb-cuts may be maintained, no new curb cuts are allowed on Main Street, 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 Requirements for Secondary Area. This Secondary Area will balance the pedestrian commercial activity in the Old Town District with multi-family residences. All new construction, alterations and additions to buildings located in the. Secondary Area shalt occur according to the following guidelines: 3.1. Use. Permitted Uses in the Secondary Area include: Prepared by John R. Molitor, Cannel Plan Commission Attorney. 5 7/25/2008 A. Multi- family residential uses, including Attached Dwellings B. Accessory Uses,. including Home Occupation 3.2 Maximum Building Height: The maximum Building Height shall be three (3) Floors. 3.3 Minimum Set Backs: The Minimum Set Back from the north, west and east perimeter boundary lines of the Secondary Area shall be five (5) feet. There shall be no Minimum Set Back from the south boundary line of the Secondary Area. 3 4 Architecture A. Building rendering and elevations: Attached hereto and incorporated herein by reference as "Exhibit "D" are a rendering and elevations, . depicting the building materials and architectural elements of the buildings which shall be constricted in the Secondary Area (hereafter "Building Renderings for Secondary Area "). B. Communityymail box structures: Attached hereto and incorporated herein by reference as Exhibit "E" is a rendering of the community mail box structures for the Secondary Area ( hereafter "Secondary Area Community Mail Box Structures "). 3.5 Parking. Notwithstanding the provisions of Section 2.13, each Townhome shall contain a minimum of a two (2) car garage. There shall be additional parking spaces provided on the site, as depicted on the Development Plan. Section 4 Accessory Buildings. All Accessory Structures and Accessory Uses shall be permitted except that any detached accessory building shown in any Development Plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated.. Section.5 Communications'Equipment. Cell towers shall not be permitted in the District. Home satellite dishes shall be permitted in the District. Section.6 Platting. The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the requirements set forth herein, and 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 entirety of the Real Estate. However, the Development of any parcel shall conform to all Preliminary Development Plans and Final Development Plans which are approved or amended per the terms of Section 13 below, and all other applicable requirements contained in this Moron and Main Planned Unit Development District Ordinance. Section 7 Plan for the Prepared by John K. 7/25/2008 Landscaping. Landscaping shall be required in accordance with the Landscape Primary Area and Secondary Area. All areas. of the site not to be covered by Molitor, Carmel Plan Commission Attorney. 6 buildings, hardscape materials or other improvements as shown on the Development Plan shall be planted with trees, shrubs, hedges, ground covers, and /or grasses, unless such area consists of attractive vegetation to be retained, as depicted on the Landscape Plan for the Pri mary 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 elements, where appropriate, such as hardscape materials, paths, sidewalks, or any water features; and planted at a ratio 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.at the 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.tlme 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. Plant suitability, 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 reinforce the overall character of the area. 7.2 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 the Developer's reasonable discretion and Developer may also remove said trees under any of the following circumstances: 1. As is necessary to clear underbrush and dead trees; 2. As is necessary for the installation of access easements, rights -of -way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and 3. As necessary for public health and-safety. Prepared by John R. Molitor. Carmel Plan Commission Attorney 7 7/25/2008 7.4 Landscape Plans. 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 herein by reference as Exhibit "F ". Section 8 Lighting 8.1. Front lighting for 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 primary residential entryway. The light shall be as depicted on Exhibit "G -1." 8.2 Rear lighting for Primary Area and Secondary Area. Buildings: Each Townhome shall have one (.1) exterior grade light fixture mounted above the overhead garage door. The lights-shall be as depicted on Exhibit' "G -2" Each Townhome shall have one (1) exterior grade light fixture mounted on the rear of the unit designed to provide light to the terrace area. 8.3 Site Lighting: The site 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 as depicted on Exhibit "G -4 ". Section 9 Project Marketing Signs. Marketing Signs for the sale of Townhome units shall be allowed in designated areas as depicted on the Site Plan 'Marketing Sign Locations, which is attached hereto and incorporated herein_ by reference.as Exhibit "H -1 ". While. Marketing Signs may be moved in conjunction with project phasing, no more than three (3) locations may be utilized at 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 Roadway Improvement Statement. Section 10.1 Main Street: Within the project area as depicted on the Conceptual Plan in Exhibit "I ", 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 -of -way subject to this Motion &. Main PUD Ordinance; such improvements will include sidewalks as depicted on the Conceptual Plan in Exhibit Section 10.2 3"I . Avenue Northwest: Within the project area as depicted on the Conceptual Plan in Exhibit "1 ", 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 1st Street Northwest: Within the project area as depicted on the Conceptual Plan in Exhibit "1 ", improvements will occur within the existing right -of -way and will include on- street parking, curb and driveways as shown. Section 11 Mechanical Equipment. Any `mechanical equipment visible from an adjoining public street shall be screened • with suitable landscaping or fencing in general architectural compatibility with the building(s) with which it is associated. Prepared by John R. Molitor, Carmel Plan Commission Attorney. 8 7/25/2008 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 determined by the Developer, including, 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. 1.3 Approval Process: 13.1 Approval of the Development Plan. A. Exhibit "I7, which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP")„ The CP was. assigned Docket No. 04070036 ADLS /DP 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 farther (i) ADLS approval or (ii) • Development Plan/primary plat approval other than Final Development Plan approval per the procedure set forth below in. this Section 13. If there is a Substantial Alteration in the approved ADLS and Development Plan/primary atat review aFapprova of the to vended plans shall be made by the. Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. 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 "FDP ") 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 is in conformance with the Development Requirements and Development Standards of this Monon & Main Ordinance. If the Director disapproves any FDP, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP fora hearing before the full Plan Commission. C. An amendment to the FDP, which is not determined by the Director to be a Substantial Afiemation or Material Alteration from 'tie approved CP, Foray be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved CP and any proposed EDP, the Director may, at the Director's discretion, refer the amended FDP to Prepared by John R. Molitor, Carmel Plan Commission Attorney 9 7/25/2008 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 of all 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 ineludes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a. mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Section 1'5 Definitions 1_. Accessory Structure. A stricture 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 dwellings, developed 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 frontage to the cornice line,or to the roof edge line. The vertical distance from the cornice line or the roof edge 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 height. 5.._ __City._ The City of Carmel, Indiana. 6. .Commission. The Carmel /Clay Plan Commission.___ Prepared by John R. Molitor, Carmel Plan Commission Attorney. 10 7/25/2008 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, Indiana, 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 herein by reference as Exhibit "I ". 12. Development. -Plan, Final. A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan review ineludes general landscaping, parking, drainage, erosion control, signage, lighting and building information for the site. 13. Development' Requirements. Development standards and any requirements specified in this Monon & Main Ordinance which must be satisfied in connection with the approval of a Final Developrrient Plan. 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 referred 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 referred to as Preliminary 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. Prepared by John R. Molitor, Carmel Plan Commission Attorney. 1 1 7/25/2008 19. Dwelling. A room or combination of rooms which may he designed for year -round habitation, containing a bathroom and kitchen facilities, which may be designed for and /or used as a permanent residence by at least one person. See also '`.Attached Dwelling" and "Live /Work Dwelling." 20. Facade. A building 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: 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. 24. Landscape Plan. The general design for landscaping in the. District depicted' on the Development Plan or on a plan or drawing submitted•to the Department. 25. Landscaping. Trees, shrubs, hedges, flowers ground covers grasses, other plant materials and associated structures and improvements. 26. Live /Work Dwelling. A type of Attached Dwelling in which the uses permitted in the Primary Area are permitted in the Live/Work Dwelling pursuant to Section 2 of this Ordinance. 27. 'Marketing Sign. A temporary sign which advertises the sale; rental or development of the premises upon which it is located. 28. Mixed Use. The combination of both commercial and residential uses within a single building of two or more stories 29. Modification. A change to the Development Requirements approved pursuant to Section 13. 30. Open Space. A land surface within the Development intended to enhance the use and enjoyment of residents of the. Development, where designated, the community at large. Grass and landscaped areas, hardscape materials, paths and sidewalks may be included in the required area calculations. 31. Owners' Association. An Indiana nonprofit corporation established for the promotion of the health, safety and welfare of the residents of Monon & Main, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. '32. Pilaster. A column partially embedded in a wall. Prepared by John R. Molitor, Camel Plan Commission Attorney. 12 7/25/2008 33. Primary Area. That part of the District more particularly delineated in green on the Primary Area and Secondary Area Map attached hereto and incorporated herein as Exhibit "J ". The line delineating the Primary Area boundaries may 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 "A ". 35. Right- of:Wav: 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 more 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 north 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 Estate. For purposes of determining Set Back, the perimeter boundary of `the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed 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. A basement, although wholly or partially habitable, is not a story unless more than fifty percent (50 %) of the basement elevation is above grade at the build -to line. 40. Street. The paved areas located in the 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 (10 %) or more of the plan's total area, total square footage of all buildings, or approved materials. 42. Townhome: A Dwelling of two (2) or more Dwellings arranged side by side, separated.by common walls 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_ Prepared by John R. Molitor. Carmel Plan Commission Attorney, 13 7/25/2008 Section 16 Violations 16 1 All violations of this Monon & Main Ordinance shall be subject to Section 34.0 of the Carmel /Clay Zoning Ordinance. Prepared by John R. Molitor, Carmel Plan Commission Attorney. 14 7/25/2008 EXHIBIT "A" Legal Description DESCRIPTION_OF.REAL ESTATE OF FREDERICK P. HINSHAW AND NANCY B. HINSHAW TRACT 1 A part of the East Half of the 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 10 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, more or less. Subject to the right of way for Main Street (13l" 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 (18) North, Range Three (3) East, described as follows: Begin 51 rods and 14 feet West of the Southeast corner of said Quarter Section 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 and 10 feet-to the place of beginning, in Hamilton County, Indiana, containing 1.80 acres, more or less. Subject to the -right of way for Main Street (13151 Street) Subject to all legal easements and rights of way. TRACT 3 A part of:the Southwest Quarter of the Northeast Quarter of Section 25, Township 18-North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Begin at the Southeast comer of the Southwest Quarter of the Northeast Quarter of said Section 25, and run thence North on the East line of said Quarter Quarter Section 307 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-said South 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 (131s' Street) Subject•to all legal easements and rights of way. Prepared by John R. Molitor. Carmel Plan Commission Attorney. 15 7/25/2008 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 /Convalescent Facility Live/Work Unit OFFICE - Clinical or Medical Health Center Research Laboratory /Facility General Offices Professional Offices INSTITUTIONAL Church/Temple/Place of Worship Library Post Office Public Service Facility EDUCATIONAL School, Trade or Business College or University Day Nursery /Day Care Kindergarten/Preschool. RETAIL & SERVICE General Retail Sales General Service Dry Cleaning Establishment (w /out on -site plant) Equipment Sales/Repair (indoor) Financial Institution ATM Roadside Sales Stand Self - Service Laundry Veterinary Hospital w /out commercial kennel Wholesale Sales Prepared by John R. Molitor, Carmel Plan Commission Attomey 16 7/25/2008 CULTURAL/ENTERTAINMENT Art Gallery Art & Music Center Hotel Indoor Theater Catering Establishment Restaurant, w /out drive -thru food sales Meeting or Party Hall INDUSTRIAL Printing/Publishing Establishment RECREATIONAL Commercial Recreational Facility, Indoor Private Club or Lodge Private Recreational Facility Park, Public TRANSPORTATION & COMMUNICATION Collocated Antenna Radio and/or. Television Studio Radio /Television Transmission Antenna Motor Bus or Railroad Passenger Station Prepared by John R. Molitor, Carmel Plan Commission Attorney. 17 7/25/2008 Sponsor: Councilor Rattermann ORDINANCE NO. Z- 462 -04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE MONON & MAIN PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z -289 (the "Carmel/Clay Zoning Ordinance "), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36 -7-4 -1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission ") has given a favorable recommendation to the ordinance set forth herein (the "Monon & Main Ordinance ") which establishes the Monon & Main 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 Monon & Main Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior commitments shall be null and void and replaced and superseded by this Monon & Main Ordinance, and (iii) this Monon & Main Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 Applicability of Ordinance The Official Zoning Map of the City of Carmel 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 Monon & Main. 1.2. Development in the District shall be governed entirely by (i) the provisions of this Monon & Main Ordinance and its exhibits, and (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Monon & Main Ordinance. In the event of a conflict between this Monon & Main Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Monon & Main Ordinance shall apply. 1.3. Any capitalized term not defined herein shall have the meaning as set forth in the Carmel /Clay Zoning Ordinance in effect on the date of 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 relatively intact example of street front retail. The emphasis is on encouraging new construction and renovations that conform to the desired character and prohibiting changes that do not conform to the existing character. The Primary Area will enhance the pedestrian commercial activity in the Old Town District. All new construction of and alterations and additions to buildings shall occur according 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 Primary Area Uses shall be subject to the following: A. No drive- through or drive -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 massing of a "Main Street" commercial block, i.e., a rectangular building with a flat or slightly sloped roof, oriented perpendicular to the street. 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 of the first Floor. 2.3. Materials. A. The first Floor and upper Floors may be composed of different materials. The Facade of the upper Floors on any building that faces a public street may be constructed of wood siding, Hardi - Plank, brick, stucco, or other masonry units, and trimmed in stone, contrasting brick, wood, or pre -cast concrete. Any of the foregoing materials may be painted. B. The first Floor of a new or renovated building shall incorporate architectural elements consistent with the theme of promoting first Floor storefronts and said storefront architectural elements may be inserted into a masonry, wood, stone or concrete panel frame which is coordinated with the upper Floor. Storefronts shall be a lightweight material including, but not limited to, aluminum, glass, wood, tile, and panelized composites. C. The materials in the rear of the building shall be coordinated with the front Facade, although they may be different. 2 r D. On the front Facade, at least fifty percent (50 %) of the total area of the first Floor (up to the line of the second Floor) shall be transparent vision glass. E. Front and side Facades of buildings located on corner lots shall be of the same materials and similarly detailed. F. Exterior walks, steps, ramps and paving shall be masonry or stone pavers, or poured or pre -cast concrete. 2.4. Architecture. A. Building Renderings. Attached hereto and incorporated herein by reference as Exhibit "C" are building renderings and elevations for the buildings to be constructed in the Primary Area (hereafter "Building Renderings for Primary Area "). B. Color Palate. Attached hereto and incorporated herein 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 Secondary Area. The final color schemes shall be approved by the Director pursuant to the Final 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 the one on the ground Floor. B. Each Floor shall have windows. 2.6. Roof. Roofs shall have a pitch of less than 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 to conform to these guidelines, except for designated historic structures. 2.8. Details. A. Cornices and other details of existing buildings may not be removed, unless the building containing the Cornices and other details is completely removed in its entirety as part of the Development of the District. B. The Facade should have a flat front, with relief provided 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 Facade 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 no minimum side setbacks; however, mid -block pedestrian access to rear parking shall be a minimum of six (6) feet wide. 2.10. Entrances. A. The principal entrance to all retail 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 or office uses, emergency exits, employees, loading and trash removal. 2.11. Storefronts. Storefronts may be internally illuminated with spots or other incandescent lighting, so as to display prominently and attractively the business or its products. Exterior lighting may be affixed to the building. 2.12. Permanent Signs, Awnings and Murals. A. Maximum sign area: First Floor occupants shall be allowed a total of one and a half (1 -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 permanent signs are prohibited. C. Building signs shall fit within the horizontal and vertical elements of the building and may not obscure details of the building. D. Signs may be 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 of the building. F. Allowable signs may also be painted in graphics in storefront or upper Floor windows. Signs may also be imprinted on awnings. Signs may also be painted on the sides of buildings (see Subsection 11(j) below). 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 building shall not be allowed. J. 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 permitted but shall be reviewed for conformance with this regulation. 2.13. Parking and Loading Requirements. A. Parking lots shall be located in the rear of the building only. B. Any Townhome located in the Primary Area shall contain a minimum of a two (2) car garage. Any Live/Work Dwelling located in a Primary Area shall contain a minimum of a two (2) car garage. Additional parking for the Live/Work Dwellings 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 be used 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 parties to a shared parking arrangement. E. While existing curb cuts may be maintained, no new curb cuts are allowed on Main Street, 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 Requirements for Secondary Area. This Secondary Area will balance the pedestrian commercial activity in the Old Town District with multi - family residences. All new construction, alterations and additions to buildings located in the Secondary Area shall occur according to the following guidelines: 3.1. Use. Permitted Uses in the Secondary Area include: A. Multi - family residential uses, including Attached Dwellings 5 B. Accessory Uses, including Home Occupation 3.2. Maximum Building Height: The maximum Building Height shall be three (3) Floors. 3.3 Minimum Set Backs: The Minimum Set Back from the north, west and east perimeter boundary lines of the Secondary Area shall be five (5) feet. There shall be no Minimum Set Back from the south boundary line of the Secondary Area. 3.4 Architecture A. Building rendering and elevations: Attached hereto and incorporated 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. Community mail box structures: Attached hereto and incorporated herein by reference as Exhibit "E" is a rendering of the community mail box structures for the Secondary Area (hereafter "Secondary Area Community Mail Box Structures "). 3.5 Parking. Notwithstanding the provisions of Section 2.12, each Townhome shall contain a minimum of a two (2) car garage. There shall be additional parking spaces provided on the site, as depicted on the Development Plan. Section 4 Accessory Buildings. All Accessory Structures and Accessory Uses shall be permitted except that any detached accessory building shown in any Development Plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 5 Communications Equipment. Cell towers shall not be permitted in the District. Home satellite dishes shall be permitted in the District. Section 6 Platting. The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the requirements set forth herein, and 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 entirety of the Real Estate. However, the Development of any parcel shall conform to all Preliminary Development Plans and Final Development Plans which are approved or amended per the terms of Section 13 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 Landscape 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 grasses, unless such area consists of 6 attractive vegetation to be retained, as depicted on the Landscape Plan for the Primary 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 elements, where appropriate, such as hardscape materials, paths, sidewalks, or any water features; and planted at a ratio 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 at the 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. Plant suitability, 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 reinforce the overall character of the area. 7.2 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 the Developer's reasonable discretion and Developer may also remove said trees under any of the following circumstances: 1. As is necessary to clear underbrush and dead trees; 2. As is necessary for the installation of access easements, rights -of -way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and 3. As necessary for public health and safety. 7 7.4 Landscape Plans. 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 herein by reference as Exhibit "F ". Section 8 Lighting 8.1. Front lighting for 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 primary residential entryway. The light shall be as depicted on Exhibit "G -1." 8.2 Rear lighting for Primary Area and Secondary Area Buildings: Each Townhome shall have one (1) exterior grade light fixture mounted above the overhead garage door. The lights shall be as depicted on Exhibit "G -2 ". Each Townhome shall have one (1) exterior grade light fixture mounted on the rear of the unit designed to provide light to the terrace area. 8.3 Site Lighting: The site 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 as depicted on Exhibit "G-4 ". Section 9 Project Marketing Signs. Marketing Signs for the sale of Townhome units shall be allowed in designated areas as depicted on the Site Plan Marketing Sign Locations, which is attached hereto and incorporated herein by reference as Exhibit "H-1". While Marketing Signs may be moved in conjunction with project phasing, no more than three (3) locations may be utilized at 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 Roadway Improvement Statement. Section 10.1 Main Street: Within the project area as depicted on the Conceptual Plan in Exhibit "I ", 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 -of -way subject to this Monon & Main PUD Ordinance; such improvements will include sidewalks as depicted on the Conceptual Plan in Exhibit «I» Section 10.2 311 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 ls` Street Northwest: Within the project area as depicted on the Conceptual Plan in Exhibit "I ", improvements will occur within the existing right -of -way and will include on- street parking, curb and driveways as shown. Section 11 Mechanical Equipment. Any mechanical equipment visible from an adjoining public street shall be screened with suitable landscaping or fencing in general architectural compatibility with the building(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 determined by the Developer, including, 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 of the Development Plan. A. Exhibit "I ", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP "). The CP was assigned Docket No. 04070036 ADLS/DP 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 Section 13. If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. 3 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 "FDP ") 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 is in conformance with the Development Requirements and Development Standards of this Monon & Main Ordinance. If the Director disapproves any FDP, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission. Q 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 Alteration between the approved CP and any proposed FDP, the Director may, at the Director's discretion, refer the amended FDP 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 of all 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 the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. 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 dwellings, developed 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 frontage to the cornice line or to the roof edge line. The vertical distance from the cornice line or the roof edge 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 height. 5. City. The City of Carmel, Indiana. 6. Commission. The Carmel/Clay Plan Commission. 10 r, 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, Indiana, 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 herein by reference as Exhibit "I ". 12. Development Plan, Final. A specific plan for the development of the Real Estate that is submitted 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. Development Requirements. Development standards and any requirements specified in this Monon & Main Ordinance which must be satisfied in connection with the approval of a Final Development Plan. 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 referred 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 referred to as Preliminary 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. A room or combination of rooms which may be designed for year -round habitation, containing a bathroom and kitchen facilities, which may be designed for and/or used as a permanent residence by at least one person. See also "Attached Dwelling" and "Live/Work Dwelling." 20. Facade. A building 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: 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. 24. Landscape Plan. The general design for landscaping in the District depicted on the Development Plan or on a plan or drawing submitted to the Department. 25. Landscaping. Trees, shrubs, hedges, flowers ground covers grasses, other plant materials and associated structures and improvements. 26. Live/Work Dwelling. A type of Attached Dwelling in which the uses permitted in the Primary Area are permitted in the Live/Work Dwelling pursuant p to Section 2 of this Ordinance. The first floor, only, of any Live/Work Dwelling may be utilized for the non - residential uses pursuant to Section 2 of this Ordinance. 27. Marketing Sign. A temporary sign which advertises the sale, rental or development of the premises upon which it is located. 28. Mixed Use. The combination of both commercial and residential uses within a single building of two or more stories. 29. Modification. A change to the Development Requirements approved pursuant to Section 13. 30. Open Space. A land surface within the Development intended to enhance the use and enjoyment of residents of the Development, where designated, the community at large. Grass and landscaped areas, hardscape materials, paths and sidewalks may be included in the required area calculations. 31. Owners' Association. An Indiana nonprofit corporation established for the promotion of the health, safety and welfare of the residents of Monon & Main, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. 32. Pilaster. A column partially embedded in a wall. 12 33. Primary Area. That part of the District more particularly delineated in green on the Primary Area and Secondary Area Map attached hereto and incorporated herein as Exhibit "J ". The line delineating the Primary Area boundaries may 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 "A ". 35. Right -of -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 more 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 north 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 Estate. For purposes of determining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed 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. A basement, although wholly or partially habitable, is not a story unless more than fifty percent (50 %) of the basement elevation is above grade at the build -to line. 40. Street. The paved areas located in the 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 (10 %) or more of the plan's total area, total square footage of all buildings, or approved materials. 42. Townhome: A Dwelling of two (2) or more Dwellings arranged side by side, separated by common walls 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 Section 16 Violations 16.1 All violations of this Monon & Main Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana this ca0-ft,day of ____ 102___ _ , 2004, by a vote of '7 ayes and 0 nays. COMMON OUNCIL FOR THE CITY OF C:.!: L •ffcer J�_7 sident Pro Tempore . Griffiths ATTEST- Diana L. Cordray, IAMC, Clerk urer Kevin Mark Ratte Richard L. Sharp Presented by me to the Mayor of the City of Carmel, Indiana the + S+ day of , 2004, at q. o'clock 14- .M. 14 Diana L. Cordray, IAMC, Cler .,J'easurer Approved by me, Mayor of the City of Carmel, Indiana, this 3- day of , 2004, at ci , / o o'clock .M. Diana L. Cordray, IAMC, Cl surer /C.3/Ze.ed..- es Brainard, Mayor This Instrument prepared by: David E. Leazenby, Buckingham Companies 333 N. Pennsylvania St., le Floor Indianapolis, IN 46204 This Instrument reviewed by: Charles D. Frankenberger & James E. Shinaver NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 H:Uanet\Eden \Council Draft 1 Ordinance 111504.doc 15 EXHIBIT "A" Legal Description DESCRIPTION OF REAL ESTATE OF FREDERICK P. HINSHAW AND NANCY B. HINSHAW TRACT 1 A part of the East Half of the 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 10 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, more or less. Subject to the right of way for Main Street (130 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 (18) North, Range Three (3) East, described as follows: Begin 51 rods and 14 feet West of the Southeast comer of said Quarter Section 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 and 10 feet to the place of beginning, in Hamilton County, Indiana, containing 1.80 acres, more or less. Subject to the right of way for Main Street (1 3151 Street) Subject to all legal easements and rights of way. TRACT 3 A part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Begin at the Southeast comer of the Southwest Quarter of the Northeast Quarter of said Section 25, and run thence North on the East line of said Quarter Quarter Section 307 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 said South 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 (131St 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 /Convalescent Facility Live/Work Unit OFFICE Clinical or Medical Health Center Research Laboratory /Facility General Offices Professional Offices INSTITUTIONAL Church/Temple/Place of Worship Hospital Library Post Office Public Service Facility EDUCATIONAL School, Trade or Business College or University Day Nursery/Day Care Kindergarten/Preschool RETAIL & SERVICE General Retail Sales General Service Automobile Service Station Automobile/Truck Repair (indoor) Dry Cleaning'Establishment (w/ on -site plant) Dry Cleaning Establishment (w /out on -site plant) Equipment Sales /Repair (indoor) Financial Institution ATM Funeral Home/Mortuary/Crematory Recreational Vehicle/Mobile Home Sales Roadside Sales Stand Self- Service Laundry Veterinary Hospital w /out commercial kennel Wholesale Sales 17 CULTURAL/ENTERTAINMENT Art Gallery Art & Music Center Carnivals, Fairs, Circuses, etc. Hotel Hotel (full service) Indoor Theater Catering Establishment Restaurant, w /out drive -thru food sales Meeting or Party Hall Tavern/Night Club INDUSTRIAL Storage and/or Sale of Petroleum Products Printing/Publishing Establishment AGRICULTURAL USES Plant Nursery General Agriculture RECREATIONAL Commercial Recreational Facility, Indoor Commercial Recreational Facility, Outdoor Country Club Golf Course Private Club or Lodge Private Recreational Facility Park, Public Shooting Gallery MISCELLANEOUS Artificial Lake or Pond (non - platted) Cemetery Commercial Parking Lot TRANSPORTATION & COMMUNICATION Collocated Antenna Radio and/or Television Studio Radio /Television Transmission Antenna Radio /Television Transmission Tower Tower Motor Bus or Railroad Passenger Station 18