HomeMy WebLinkAboutPacket 11-16-04
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TABLE OF CONTENTS
TAB 1 : INTRODUCTION
TAB 2:
TAB 3: AMENDED ORDINANCE (RED
LINED) COMPARING NOVEMBER
I 2004 vs AUGUST 2002
TAB 4: REVISED COMMERCIAL BUILDING
GUIDELINE,S (RED LINED)
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TABS: AMENDED DE'VELOPMENT PLAN
INCLUDING PRIMARY PLAT
TAB 6: TRAFFIC IMPACT
TAB 7: SENIOR HOUSING COMMUNITY/
GLEBESTREET
TAB 8: PERIPHERAL RETAIL AREA
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SUMMARY OF MAJOR CHANGES
As a result of discussions with the Special Studi~s Committee, Brenwick has made major
changes to the development plan and ordinance amendments originally submitted to the Plan
Commission for approval. These changes are identified on the attached exhibit:
1. The "Peripheral Retail Area" has been ,moved from the 30 acre site at the
northwest comer of Towne Road and 131st Street to the southwest comer of 131st Street and
Towne Road so that it is entirely within the existing boundaries of the Village of WestClay.
2. The 30-acre parcel at the northwest comer of 131 stStreet and Towne Road will be
,limited to residential uses. Detached, single-family 'housing and open space will buffer the entire
west, adjoining Lakes of Hayden Run, and north boundaries of the 30-acre site. The balance of
the site adjacent to 131 st Street and Towne Road will be developed with town homes. Brenwick
will execute a covenant running with the land that the site may be used only for residential uses.
3. The seniQr housing area has been relocated north of Glebe Street. The three-story
assisted living structure is now 1,200 feet north of Laurel Lakes. The one and one-half story
attached independent living villas will be north of the assisted living structure, 1,600 feet north
of Laurel Lakes.
4. The senior housing area will be entirely internal to the Village of WestClay and
will be surrounded by retail structures to the n9rth, town homes to the south and west and village
homes'to the east.
5. Single-family lots identical to those shown on the currently approved plan for the
area west of Towne Road will be across 126th Street from Laurel Lakes to a depth of 800 feet.
6. , The maximum building height west of Towne Road will not change. It is
currently limited to 45 feet and will remain at 45, with the exception of retail structures that will
be limited to 40 feet.
7. Commercial uses in the Peripheral Retail Area west of Towne Road will be
buffered on the west by landscapin'g' and a day care center. The majority of the retail structures
have been moved to the interior of the project to reduce exposure to the retail component along
Towne Road. In any event, any retail buildings on 131st Street or Towne Road will be across
from other portions of the Village of WestClay.
8. No new commercial square footage is being requested. Commercial space in the
Village of WestClay will not exceed 274,800 square feet, the amount presently authorized. What
is being requested is the relocation of 100,000 square feet of the existing authorized commercial
square footage to the west side of Towne Road, within the existing project boundaries.
Commercial space west of Towne Road will not exceed 100,000 square feet, the 2020 Vision
Plan standard for neighborhood scale retail.
9. Without Commission approval, no more than three (3) restaurants offering drive-
thru service may be located in the Peripheral Retail Area. Without Commission Approval, no
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restaurant in the Peripheral Retail Area may be open for business between 11 :01 p.m. and 6 a.m.,
except on Friday and Saturday nights when closing time may be extended to 1 :00 a.m.
10. Roundabouts have been added at GlebeStreet and the principal retail access road
off of 131 st Street to expedite the movement Qf traffic into and out of the Peripheral Retail Area
and to afford easier pedestrian access across major road~.
11. The proposed maximum gross 'residential density has been reduced from 2.3
dwelling units per acre, excluding senior housing, to 2.1 units per acre excluding senior housing
and 51 Village Center lofts. As a result, Brenwick is proposing to add 72 new residential units,
mostly townhomes, over 714 acres, and 51 Village Center lofts, which are dwellings located in
mixed-use structures in the Village Center, beyond what would be permitted at 2.0 dwelling units
per acre with the addition of the 30-acre parcel.
12. Senior housing is excluded from the gross residential density formula since it is
known to have almost no impact on peak hour traffic and school attendance, while at the same
time adding to the community's property tax base to pay for those services. The proposed
maximum density, with senior housing but excluding Village Center 19fts, is 2.41 dwelling units
per ~cre, instead of the 2.6 dwelling units per acre originally proposed.
13. The Village of WestClay, as now proposed to be developed at 2.1 units per acre,
with 51 Village Lofts and 216 senior housing units, is predicted to result in 3.5% less combined
peak hour traffic than ,was predicted by traffic studies performed in 1998 and 1999 when the
Village of WestClay was originally approved, and which were the basis for Brenwick's
voluntary traffic impact commitments.
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SINGLE FAMILY
VILLAGE LOTS
CD
BALLFIELD
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AMENITIES AREA
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TOWNHOMES
CD
SINGLE FAMILY
VILLAGE LOTS
126TH STREET
NOVEMBER 3, 2004 PROPOSAL
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CD
TOWN HOMES
CD
PERIPHERAL RETAIL
CD
SENIOR HOUSING
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PETITIONER'S RESPONSE TO REMONSTRATORS' OBJECTIONS
Objection': "Fast food" restaurants with drive-thrus are' not appropriate uses In a
neighborhood retail area.
Response: "Fast food" restaurants and drive-thrus are not inherently bad. They
provide convenience to people liyingbusy live,s. As one of the Special Studies
Committee members noted, a harried mother with several children appreciates not having
to leave the car to feed the children on the way home from an event. Having these uses in
a neighborhood environment provides an opportunity to obtain these services without
having to drive several miles to a major conglomeration of commercial uses.
The perceived problems with this type of service comes from its typical design, like the
Golden Arches, not its nature. These uses in The Village of WestClay will be subject to
its strict commercial design guidelines and the provisions of the planned unit
development ordinance. Brenwick has been, and will continue to be, unwilling to
sacrifice ,its architectural standards simply to fill commercial space. Brenwick's "Village
of WestClay Building Guidelines and Requirements for Commercial Construction,"
which contain the design vocabulary incorporated into the Ordinance, puts purveyors of
"formula" commercial structures on notice, in big, bold type, that they cannot build that
way in The Village of WestClay:
CORPORATE OFF-THE-SHELF DESIGNS ARE NOT
APPROPRIA TE TO THE VILLAGE OF WESTCLA Y AND WILL
NOT BE APPROVED. PROSPECTIVE PURCHASERS SHOULD
UNDERSTAND THAT THE DESIGN REQUIREMENTS FOR
COMMERCIAL STRUCTURES IN THE VILLAGE OF
WESTCLA Y ARE NOT SUBJECT TO NEGOTIATION.
"Fast food" restaurants and drive-thrus in the Peripherql Retail Area will have to conform
to these restrictions. Another Special StiIdies Committee member pointed out that
planners ~cross the country have.been able to enforce design restrictions on these types of
uses< That will be done here. To provide added protection to the community, Brenwick
has agreed that there, will be no more than three such restaurants in the Peripheral Retail
Area without approval of the Commission.
Objection: - The integrity and continuity of the planning process is jeopardized by
Brenwick's continuous revision of its development plan.
Response: The planning process is not static. The original plan for the Village of
WestClaywas presented in 1998 and approved in January of 1999. The likelihood that
revisions in response to changing circumstances would be justified during the course of a
10~year development was contemplated in Section 4 of the WestClay Village Planned
Development District Ordinance which specifically provides for amendments to the
Ordinance, modification of the development plan-and revision of applicable development
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standards. In the course of the five years since adoption of the Ordinance, Brenwick has
proposed changes on 'three occasions, including its current proposal. By way of
comparison, the ordinance governing development of the City Center has been 'amended
four times in four years, while the ordinance governing development of the OM/Old
, Meridian District has been amended four t~mes in three years. In August of this year, the
City Council adopted more than 70 pages of amendments to the Carmel Zoning
Ordinance.
Objection: The up-scale country home/subdivision landscape of West Carmel will no
longer be viable if the Brenwick proposal is approved.
Response: If "up-scale" refers, to price point, the objection is more applicable to projects
west of Towne Road than it is to the Village of WestClay where the average home price
is in excess of $500,000. The concept of "country home landscape" is elusive, but it is
difficult to conceive that developments currently underway north and west of the Neal
residence fall within its scope. Western Clay Township is, for all intents and purposes,
largely built out, and the predominant development pattern west of Towne' Road' is
production housing starting at $190,000, and a median price point significantly less than
that in the Village of WestClay.
Objection: Brenwick proposes to build thtee-story structures west of Towne Road.
Response: There is currently no limit on the number 9f stories of structures that may be
constructed west of Towne Road. The only limitation is one of height, which is limited to
45 feet. Brenwick does not seek to chang~ this restriction. Three-story single-family
structures are not uncommon. In fact, a prominent example is located' ,directly east of
, Laurel Lakes on Towne Road. Retail structures in the Peripheral Retail Area will not
exceed 40 feet.
Objection: Brenwick proposes to increase 'the aggregate square footage of commercial
space in western Clay Township.
Response: Brenwick's modified proposal contemplates no incr~ase in the aggregate
'square footage of, commercial space. It is currently authorized to construct 274,800
square feet of commercial space in the Village of West Clay. If its modified development
plan is approved, Brenwick will be authorized to construct exactly the same number of
square feet of commercial space.
Objection: Brenwick wants to push basically "ugly" commercial structures into '~our"
community.
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Response: Brenwick and the more than 600 current residents of the Village of WestClay
, believe that they", too, are part of the community. The modified development plan
proposed by Brenwick contemplates that commercial uses west of Towne Road will be
surro,unded on the south, east and north by residential structures occupied by residents of
WestClay and buffered on the west by landscaping, common areas and a day care Genter.
While Brenwick denies that it is in the business of constructing "ugly" structures, to the
extent that the proposed commercial buildings fail to meet the aesthetic standards of a
few of its neighbors, the visual and economic brunt of this purported affront will be borne
solely by the residents of WestClay in whose midst these s~ructures are located.
Objection: The development proposed by Brenwick west of Towne Road will adversely
affect the Neal residence.
Response: Mrs. Neal has agreed to sell her property to a developer. Brenwick has had
'discussions with the prospective purchaser' about his development intentions and has
revised its land plan so that the streets constructed by Brenwickon the west side may be
extended into the Neal property. It is unlikely that a sophisticated buyer, fully aware of
Brenwick's proposal for the development of its land west of Towne Road, would agree to
purchase the Neal property at a, price more than three times greater than ,what Brenwick
paid for the' adjoining land if he believed that Brenwick'sdevelopment was designed to
reduce property values in the area.
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Objection: The introduction of senior housing and commercial structures west of Towne
Road will adversely affect property values.
Response: If this objection were true, the loudest remonstrators ~n the room would be the
more than 600 current residents of WestClaywho will be most directly affected by the
alleged diminution in value. Moreover, to assert such an argument and expect it to be
taken seriously requires one to believe that Brenwick has survived as a land development
'company for 28 years by acting contrary to basic market precepts. Less than 50% of the
contemplated single-family residential lots to be developed in WestClay have been
developed. The aggregate sales value of these yet-to-be-developed lots exceeds the
market value of the proposed commercial area by a factor of 14 to 1. It is irrational to
assume that Brenwick would propose a plan that diminished the value of its own property
and it is equally irrational to argue that the Brenwick proposal would diminish the value
of adjacent property not owned by Brenwick but would not ,diminish the value of the
Brenwick property in whose ~dst the allegedly objectionable land use is located.
Objection: The Plan CO,mmission has historically refused to approve commercial
development adjacent to residential communities.
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Response: This is demonstrably untrue as evidenced by the experience of two Brenwick
communities. When Brenwick commenced development of Mohawk Crossing at the
northeast comer of 126th and Grey Road in 1979, the intersection was undeveloped. By,
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the time it completed development, the Plan Commission had approved a retail shopping
center on the southwest corner. Subsequently, Brenwick developed Waterstone
immediately to the east of this shopping center on Grey Road. No objections to the
presence of the adjacent shopping center were expressed by purchasers of lots in
Waterstone, which was one of Brenwick's- most successful projects and remains to this
day one of the most popular communities in Carmel. More recently, the. Plan
Commission approved the development of a Super Target Store with associated retail and
office facilities on Michigan Road. This commercial development backs up to, and
intrudes on, Ashbrooke, a residential community developed by Brenwick. Indeed, all
commercial development on the east side of Michigan Road approved in recent years by
the Plan Commission is immediately adjacent to pre-existing residential communities.
Objection: Senior housing is an inappropriate land use in a residential community.
Response: The hostility to providing up-scale housing opportunities to seniors within the
same community in which they raised their children is simply inexplicable. The average
,age of a resident of a senior housing facility is 75 years. These people do not drive often
or far, do not contribute to over-crowding of the schools and are not rowdy neighbors.
They have every rightto expect to live in as fine a neighborhood as they can afford and to
have available the same amenities that are available to their children. It is true that nurses
and other care providers must be employed to provide the services and care required by
some aging seniors, and to gain access td the facility they will have to use the public
roads. In the case of the facility proposed by St. Andrews~ this means that at 7:00 a.m. in
the morning and at 3:00 p.m. in theaftemoon up to 25 care givers will make use of
Towne Road. It is difficult, to conceive howJthis movement of persons could in ~ny way
have an adverse impact on the community. The physical facility to be constructed by St.
Andrews will not have an "institutional" look, but will be a residential facility designed
in the style of townhome residential structures in the Village and on a comparable scale.
The associated independent-living villas will also be designed in a style similar to single
family residential structures in the Village. All senior housing facilities will be interior to
the' Village. For the neighbors of WestClay who object to senior housing, the facility will
be out of sight and, thus, the old folks in residence can be out of mind.
Objection: Towne Road was intended to' be an impregnable barrier against development
other than large lot, single-family residences.
Response: Since Brenwick commenced development on the west side of Carmel in
1981, every road has been alleged to be an impregnable barrier to whatever sort of
development was proposed. When Brenwick proposed Hamilton Crossing, U.S. 31 was
the alleged barrier. When it proposed Springmill Streams, Spring Mill Road was the'
barrier. When it proposed Claridge Farm, Clay Center Road wa-s the barrier. When it
proposed the Village of West Clay, Hoover Road was the b~rrier. Now it is Towne Road.
No public road in this country was designed to constitute a Maginot Line. The notion that
"bad" development is to be confined east of Towne Road and that "good" development is
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to prosper west of Towne Road is absurd unless there is common agreement on what is
"good" and "bad" development and on objective standards by which to make such a
determination. And this is the point: it is the charac~er of the development, not ,its situs,
that is at issue. The qualitative merits of a project are determined by its style, scale, detail,
market responsiveness and sensitivity to adjoining land uses. These factors must be
weighed on their own merits, not dismissed as a consequence of geography. Brenwick
believes that its proposal to de,velop the land it owns west of Towne Road in a manner
compatible with its development east of Towne Road is logical, sensitive, responsive to
, market demands and compatible with existing land uses. The decision by the City of
Carmel to construct a garage and maintenance facility at13lst and Shelborne Road and
the decision by the Plan Commission to approve a dense town home development north
of that facility suggests that there is nothing sacred about Towne Road, but that each
,development proposed for land lying west of Towne Road should be evaluated on its own
meri~s.
Objection: The separation of automobile-intensive commercial uses from other
'-. commercial uses is inconsistent with TND design principles.
Response: The Village of WestClay has never been presented as a Walt Disney set-
piece. It has been designed to be a viable neighbor,hood in which multiple housing
options are intermixed with commercial and recreational uses on a human scale taking
into account the every-day needs of its resitlents and the reality of modern dependence on
the automobile. The desIgners of WestClay were not utopians determined to impose a
19th century life style oI? 21 st century families. Their intention was to tame the
automobile, not to ban it; to give preference to the pedestrian rather than the automobile.
The shopping requirements of all residents in western Clay Township are identical. The
difference is that the residents of WestClay prefer not to drive four miles to get their basic
necessities whereas ot~ers in the township, as a matter of preference or principle, insist
on driving to 126th and U.S. 31 or 106th and Michigan Road while at the same ti~e
complaining about the increase_ in traffic on the roads that lead to these retail centers. The
TND solution - employed at Celebration in Orlando, Florida, and Kentlands in
Gaithersburg, Maryland, the two most widely acclaimed TND developments east of the
Mississippi - is to separate the Village Center retail with its emphasis on pedestrian-
friendly shopping from higher volume, automobile-intensive retail uses where drive-thrus
are industry standard. The Brenwick proposal is fully consistent with this TND design
concept and does not constitute a break with either its own design principles or with the
design' principles generally applicableto TNDdevelopments.
Objection: The Plan Commission has consistently refused Brenwick's request to
authorize gasoline sales in the Village of WestClay.
Response: A gasoline service station was authorized in the original ordinance adopted in
1999 and the elevation of the proposed gasoline station was included in the original
development plan approved by the Plan Commission. Brenwick is not asking for any
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change in the existing ordinance as it applies to gasoline sales. All it is asking for is to
relocate the approved gasoline station from the interior of the Village east of Towne Road
to the interior of the Village west of Towne Road~ In neither location will the station be
visible, from properties outside the Village. Persons objecting to the 'presence of an Art
Deco gas station in the Village will continue to be free to drive four miles to get their
gasoline without being offended by the visual intrusion of a more readily accessible
source of gasoline.
Objection: The presence of a gasoline station in WestClay will pose a threat to the
public health and safety in that (a) the ,underground storage tank may leak and
contaminate the ground water and (b) a delivery truck may explode causing damage to
person or property.
Response: As previously noted, the issue is not the presence of a gasoline station, but
whether it is located within the Village of WestClay east or west of Towne Road. The
Environmental Protection ,Agency and the Indiana Department of Environment
Management have design and installation standards for underground storage tanks
("USTs"), to protect the environment, including groundwater. There has been no
publicly disclosed example of the failure of a UST constructed and installed in
co'nformity with EP NIDEM standards. In addition, there have been no reported incidents
within the memory of modem m~n of a gasoline delivery truck in the greater Indianapolis
area exploding in the course of making i'ts rounds. As the Committee was previously
informed, there are many underground gas transmission lines that run through western
Clay Township, through and in close proximity to existing neighborhoods. While there is
, a risk of explosion, associated with these lines, regulated safety precautions, like those
n.ow in place for gas<?line stations, minimize that risk to the maximum extent possible.
Gasoline stations are often located within residential areas. In Indianapolis, for instance,
gasoline statio'ns serve the Meridian Kessler, Butler -Tarkington and Broad Ripple
neighborhoods without any of adverse consequences feared by the remonstrators.
Objection: If commercial uses are authorized west of Towne Road, it will be cited as a
precedent to permit commer~ial uses along the east side of Towne Road.
Response: There will be no non-residential development along the east side of Towne
Road. Within weeks, Brenwick will have completed development adjacent to the east
right-of-way of Towne Road and will file a plat establishing single-family residential lots
in that area. These newly developed lots will overlook the cOIplTIercial development
proposed by Brenwick for .west of Towne Road, further evidencing Brenwick's
conviction that adjacent commercial deve~opment does not adversely affect the value of
_ residential properties.
Objection: The Village of WestClay stirs strong emotions in area residents and needs a
high degree of oversight.
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Response: This is a polite way of saying that those who opposed the'Village in 1999
c9ntinue to oppose the Village today and' wish to hobble its developer in order to thwart
the success ,of the project. Brenwickhas not proposed an.y loosing of the oversight
presently required by the Ordinance. ,The only change proposed by Brenwick is the
modification of the first sentence of Section 8.15 of the Ordinance to read as follows
(~evisions italicized): "Unless the Department determines that such structure is depicted
on the Development Plan in substantially the form and style to be constructed,
Commission approval of the architectural design of the structure in accordance with the
Commission procedures for ADLS Amendlnent review shall be necessary... "These
proposed changes are intended to strengthen the DOCS review process by establishing a
more precise standard of review and to expedite the review process by specifying that it
shall proceed in the form utilized for ADLS amendments. Brenwick has adopted and the
Plan Commission has approved detailed architectural design standards for the project.
These standards specify certain well-known, objectively ascertainable historic
architectural styles. Moreover, the development plan includes detailed plans and
elevations of the improvements to be constructed in the Village. Appropriate DOCS
oversight is not dependent upon "institutional memory," but on a professional knowledge
of historic ,architectural styles and the ability to determine whether what is proposed is
consistent with the essential elements of those styles, the written standards set forth in the
building'gui~elines and the drawings contained in the development plan. Every
commercial and civic ,building constructed in the Village to date has been submitted to
DOCS to confirm that it conforms to the development requirements of the Ordinance and
Brenwick'proposes no change in this procedure. More substantively, Brenwick believes
that the architecture of the Village of WestClay as developed to date compares favorably
with any other project in Carmel and is in all respects consistent with applicable design
standa~ds and -requirements.
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Objection: The Village of WestClay i,salready too dense and no further in.~rease in
density ought to be authorized.
Response: The Village of West Clay encompasses 686.7 acres and, if the revised
development plan is approved, will be ~xpanded to 716.8 acres. The current density cap
is 2.0 units per acre, or 1374 dwelling units as presently composed (1434 dwelling units
if expanded as proposed). Of the 1374 currently authorized dwelling units, 1108 are
either developed Or will be developed as single-family residential'lots.Thebalance of the
authorized dwelling units - 266 living units - are either apartments or townhouses, which
are clustered south and 'east of the intersection of 131 st and Towne Road. The density of
the conventional single~family residential lots is 1.61 units per acre, or 0.16 units per acre
,greater than the average density of developments west of Towne Road of 1.45 units per
acre. This finite difference is imperceptible to even the most sophisticated eye. The
difference in density between the Village of WestClay and other developments is almost
entirely attributable to the presence of 186 apartments and 80 townhouses.
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Under its revised development plan, the authorized residential density in an enlarged
Village of WestClay would be increased to 2.1 units per acre (exclusive.of senior housing
and Village Ce~ter lofts). This requested increase is entirely attributable to the proposed
addition .of townhouses west of Towne Road. Townhouse development in Carmel is a
recent phenomenon that has filled a desperate need to provide lower cost, owner-
occupied housing, primarily for younger fan;lllies and singles. It was to meet this
p~rceived need that townhouses were designated as a critical design component of the
City Center project and are a ~eparately designated component of the development plan
for the OM/Old Meridian District. If Carmel wants to keep its young people and if it
wants to attract more young professionals to its local workforce, then it is imperative that
it make available attractive, affordable housing. Brenwick believes that town homes are a
wise design solution to this problem and it requests an increase of 10% in its existing
density cap in order to accommodate this need.
Objection: The $$2,363,923 to be spent by Brenwick for off-site road improvements
designated by the City constitutes a "slush fund" that exerts undue influence on city
officials and is effectively a bribe.
Response: You're damned if you do and damned if you don't. Sorpe remonstrators
assert that the development of the Village of WestClay increases traffic and adversely
affects the capac,ity of roads throughout the township and argue that Brenwick should pay
to remedy the alleged degradation in capatity notwithstanding that there is no empirical
evi~ence that Brenwick has caused or aggravated the problem. Others argue that
Brenwick's willingness to improve those roads that it agrees are adversely affected by its
development is evidence of a conspiracy to unduly influence public policy by
establishing a political slush fund. In the ,course of 28 years, Brenwick has constructed or
improved more roads in western Clay Township than the Hamilton County Highway
Department, including the construction, at its sole cost, of the intersection at 126th and U.
S. 31 that made access to the west side convenient. Brenwick does not believe that the
cost of improvements to public roads reas.onably and directly required as a result of its
development activities should be borne by the taxpayers. Neither 'Hamilton County nor
the City of Carmel imposes a road impact fee, so that any developer contribution to
mitigating adverse impacts on traffic in the area of its development necessarily must be
voluntary. If there Jsany economic incentive associated with voluntary road improvement
contributions, it 'is to offer as little as possible, not to fund a slush fund for politicians.
The advantage to the public of Brenwick's voluntary contribution for road improvements
can be empirically demonstrated by comparing the ease, comfort and safety of driving
along 131 st Street between Towne and Clay Center Roads (which Brenwick improved at
its cost) compared to the stretch of 131 st Street from Clay Center to Spring Mill Road,
which Hamilton County chose to leave unimproved.
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ORDINANCE Z-330
(Amended
(}8- / Q€,. /
- -
2004 )
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WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT
DISTRICT
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Section
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TABLE OF CONTENTS
ugislative Intent .........................................................................
Applicability of Ordinance ..........................................................
Definitions.................................................................................. .
Modification of Development Requirements. .................... .........
Permitted Principal Uses.............................................................
Permitted Accessory Uses...........................................................
Residential Development .............................................................
Commercial Development ...........................................................
Blocks ..........................................................................................
Streets ..........................................................................................
Open Space ..................................................................................
Civic Space..................................................................................
Recreational Space ......................................................................
Sidewalks and Paths ....................................................................
Area and Bulk Regulations..........................................................
Parking .........................................................................................
Loading and Service Areas............................................................
Signs.......... ..................................................................................
lAndscaping................................................................................ .
Detention and Retention Basins....................................................
Lighting..................................................................................... ..
Fences and Walls.........................................................................
Platting and Installation of Improvements ...................................
Certification and Recordation of the Development Plan .............
Improvement Location Permits...................................................
Filing Fees ....................................................................................
Commission Consents or Approvals...........................................
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SDonsor: Councilor
ORDINANCE NO. Z-330
AN ORDINANCE ESTABLISHING THE WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with
the requirements ofIC 36-7-4-1500 et. seq.; and
WHEREAS, Ordinance No. Z-330 establishes the WestClay Village Planned Unit
Development District (the "District"); and
WHEREAS, the Carmel/Clay Plan Commission has recommended that Ordinance No. Z-
330 be amended and restated;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to IC 36-7-4-1500 et. seq., Ordinance No. Z-330 is amended and
restated as set forth below and as thus amended and restated constitutes an amendment to the
Zoning Ordinance.
Section 1. Lee:islative Intent.
Having given reasonable regard to the Comprehensive Plan and the other matters specified in
Section 31.6.4(4) of the Zoning Ordinance, and specifically to section 1.1.6, the intent of the
Council in adopting this Ordinance is to insure that the increased flexibility and design
specificity regulations over land development authorized herein is carried out under
administrative standards and procedures.
Section 2. Applicabilitv of Ordinance.
2.1. The Official Zoning Map, a part of the Zoning Ordinance, is hereby changed to designate
the land described in Exhibit A as a planned unit development district.
2.2. Development in the District shall be governed entirely by the provIsIOns of this
Ordinance with the exception that provisions of the Subdivision Control Ordinance, the Zoning
Paae 3 of 72
Ordinance and the Sign Ordinance specifically referenced within this Ordinance and as in effect
. on the date hereof shall also apply.
2.3. This Ordinance, having met the requirements of IC 36-7-4-702(b), constitutes the
subdivision control ordinance of the District.
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Section 3. Definitions.
Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have the
meaning herein indicated. Any word used in this Ordinance which is not defined herein and
which is defined in Section 3.0 of the Zoning Ordinance, Section 4.0 of the Subdivision Control
Ordinance or Section 01-2 of the Sign Ordinance shall, for the purpose of this Ordinance, have
the meaning defined therein, unless the context otherwise requires.
Accessory Buildingbuildin2:. A building subordinate to another structure or use located on the
same lot. An accessory building may also include public utilities; communication, electric
distribution and secondary power lines; gas, water and sewer lines; their supports and poles, guy
wires, small transformers, wire or cable and other incidental equipment and public telephone
booths.
Accessory Dwelling. A dwellin2: which is attached to or located on the same lot as a detached or
attached sin2:le familv dwellin2:. has an indeoendent means of access and is owned bv the owner
of the orincioal dwellin2: but occuoied bv another. Accessorv dwellin2:s include aoartments
inte2:rated within or attached to sin2:le familv dwellin2:s. or those located in attached or detached
accessory buildin2:. such as 2:ara2:es. carria2:e houses. or a2:ricultural tvoe outbuildin2:s. located on
the same lot as sin2:le familv dwellin2:s. (See D\velling).
Accessory Use. A use subordinate to the main use, located on the same lot or in the same
building as the main use, and incidental to the main use, or otherwise utilized for a use described
in the definition of "accessory building".
Alley. A private way or easement located through the interior of blocks and providing vehicular
and service access to the side or rear of properties.
Apartment. A dwelling intended primarily for rental.
Aoartment house. More than four aoartments olaced one on too of another and/or side bv side
and sharin2: common walls and common floors and ceilin2:s. and which are located on a Villa2:e
Center Block or a sin2:1e lot of record.
Arcade. A walkway or driveway adjacent to a building (or between buildings) which is covered
by a roof (which may be the second story of the building) but which is not fully enclosed, not
including a carport or other area intended for the sheltered parking of vehicles.
Architectural Review Board. The board established by a Declaration for the purpose of
reviewing the design of all structures proposed to be constructed in that part of the District
regulated by such Declaration.
Assisted Livin2: Unit. A dwellin2: located in or constructed in association with. maintained as
oart of and entitled to the benefits of a con2:re2:ate housin2: facilitv.
Paae 5 of 72
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Attached Dwellin2:. Rowhouse. townhouse. dUDlex. triDlex. or auadriDlex dwellin2:s. develoDed
side bv side for sale as condominiums. or as fee simDle dwellin2:s where land is sold with the
dwellin2:. Attached dwellin2:s whether sold as condominiums or as individuallv deeded lots are
excluded from the definition of aDartments.
Bed and Breakfast. The renting of dwelling rooms or suites on a daily basis to tourists,
vacationers and business travelers where the only meal served is breakfast and it is available only
to guests.
Blank Wall. An exterior building wall with no openings and generally constructed of a single
material, uniform texture, and on a single plane.
Buffer. An area within a property or site, generally adjacent to and parallel with the property
line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms,
and/or fences, and designed to limit views and sounds from the Development to adjacent
properties and vice versa.
Build-to Line. An alignment which dictates the maximum front yard setback from a street or
public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line
does not apply to building projections or recesses. Where a build-to line is specified, the area
between the frontage line and the area forward of the build-to line specified in Section 9.1.B is
the required minimum front yard setback, subject to the variation permitted by Section 9.l.B.
Build-up Line. An alignment which dictates an average height to the cornice line or to the roof
edge line on a street or space.
Building Height. The vertical distance from the highest finished grade relative to the street
frontage to the cornice line or to the roof edge line. The vertical distance from the cornice line or
roof edge to the parapet or roof ridge (including gables), and the height of towers, steeples,
cupolas and other architectural roof embellishments are not included in calculating building
height.
Building Scale. The relationship between the mass of a building and its surroundings, including
the width of street, open space, and mass of surrounding buildings.
Caliper. The diameter of a tree trunk measured in inches, 6 inches above ground level for trees
up to 4 inches in diameter and measured 12 inches above ground level for trees over 4 inches in
diameter.
Cartway. The paved driving surface of a street or alley and any curbing.
Civic Building. A building or facility the use of which is principally devoted to civic uses.
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Civic Space. The area occupied by a civic building, including the surrounding lawn, plaza or
courtyard, on-site parking and appurtenant structures.
Civic Uses. Uses intended to serve as a public gathering place. Such uses include governmental
offices, meeting halls, libraries, museums or galleries operated primarily for the display, rather
than the sale, of works of art, indoor or outdoor theaters, auditoriums or other buildings or
structures designed, intended or used primarily for musical, dance, dramatic or other live
performances, community buildings and facilities, churches or other places of worship or
meditation, colleges, schools and other public or private educational establishments, post offices,
day care centers, and other institutional and community-oriented uses.
Close. An open space surrounded on all sides by cartways intended to afford vehicular access to,
and serve as a front space for, lots interior to a block.
Column. A vertical pillar or shaft, usually structural.
Commercial Block. Each of Commercial Blocks "A" throu!!h "D" in the Perioheral Retail Area
as deoicted on the Develooment Plan.
Commercial Structure. A building containing one or more spaces utilized for a purpose
permitted by SectionSections 5.leD) or 5.3(A).
Common Parking Lot. A parking lot or parking structure maintained by t:h8an Owners
Association and intended for use by the occupants of or visitors to a civic building, commercial
structure or an apartment house.
Community Area. Open space, civic space and recreational space located in the District.
Congregate Housing. Dependent or A facilitv or housin!! develooment in which an a!!encv.
or!!anization or individual Dfovides care for three or more sick. disabled or aIred oersons not
related bv blood or marria!!e to the ooerator. Such con!!re!!ate care facilities are classified as
"deoendent livin!! facilities" or "independent living facilities far the elderly or the disabled:
deoendin!! on the de!!ree of suooart services on site.
Conservation Easement. An easement which complies with the requirements of the Indiana
Uniform Conservation Easement Act.
Context. The character of the buildings, streetscape, and neighborhood which surround a given
building or site.
Cornice. The top part of an entablature, usually molded and projecting.
Cupola. A small roof tower, usually rising from the roof ridge.
Curb Radius. For a mountable curb, the curved edge of the street at intersections, measured at
the front of the curb. For a chairback-type curb, measured at the back of the curb.
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Day Care Center. Day care provided on less than a 24 hour basis for either children or adults,
according to the following limiting definitions:
Child Day Care Center. AnA facilitv in which an individual, agency or organization
providingmovides supervision or care on a regular basis for children who are not related
by blood or marriage to, and who are not the legal wards or foster children of, the
supervising adult.
Adult Day Care Center. AnA facilitv in which an individual, agency or organization
providingmovides supervision or care on a regular basis for adults in a place other than
their usual place of abode.
Declaration. A Declaration of Covenants and Restrictions for one or more phases of the
Development recorded in the Office of the Recorder of Hamilton County, Indiana, as the same
may be amended from time to time.
Department. The Department of Community Services of the City of Carmel, Indiana.
Dependent Living Facility. Nursing homes, rest homes and homes for the agedCone:ree:ate
housine: facilities which are designed for persons who need a wide range of health and support
services, such as medical, nursing and personal services care, central dining facilities and
transportation services.
Design Vocabulary. Building guidelines and requirements including but not necessarily limited
to a code of architectural style and massing recommendations, building detail guidelines, listing
of acceptable materials and colors, and landscape and streetscape details adopted by a Developer
and applied by an Architectural Review Board in considering plans for structures to be
constructed in the Primary Areas or the Perioheral Retail Area. With respect to any commercial
structure, apartment house or attached dwelling to be constructed in the PrimarY or Perioheral
Retail Areas, the Design Vocabulary shall be the provisions of the "Village of WestClay
Building Guidelines and Requirements for Commercial Construction" dated
(amended June 29, 1999),Julv 13. 2004. applicable to commercial structures, apartment houses
and attached dwellings, as the case may be, as the same may be modified from time to time with
the approval of the Commission.
Detached Dwelline:. A dwelline: that is develooed with no oartv-walls and with ooen vards on at
least three sides. but not including: manufactured homes. mobile homes. modular homes or
recreational or motor vehicles.
Developer. A person engaged in development of one or more phases of the Development.
Development. The land constituting the District as it may be developed in accordance with the
Development Requirements.
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Development Guidelines. The non-binding developmental preferences set forth In this
Ordinance.
Development Plan. This Ordinance and the plan for the Development, including the primary
plat, all drawings and-afl. plans approved by the Commission, as the same may be modified from
time to time pursuant to Section 4.
Development Requirements. The Development Standards and the Development Plan.
Development Standards. The normative specific requirements for development in the District set
forth in this Ordinance.
District. The land described in Exhibit A attached hereto and incorporated herein.
Dv,'elling. 1\ room or combination of rooms designed for year round habitation, containing a
bathroom and kitchen facilities, and designed for or used as a permanent residence by at least
one person.
Detached d\velling. I" d'v','elling that is developed with no party \valls and '.vith open
yards on at least three sides, but not including manufactured homes, mobile homes,
modular homes or recreational or motor ,,'ehicles.
Duplex. Two dwellings placed one on teptoDe of another or attached side by side and sharing
one or more common walls that are not part of a townhouse project that al&e-includes three or
more attached dwellings in a single row.
lUtaehed dVielling. Rmvhouse, to\vnhouse, duplex, triplex, or quadriplex d\vellings,
developed side by side for sale as condominiums, or as fee simple dwellings '.vhcrc land
is sold ',','ith the d'Nelling. Attached dv,'ellings '.vhether sold as condominiums or as
individually deeded lots are excluded from the definition of apartments.
Apartment house. More than four apartments placed one on top of another and/or side by
side and sharing common walls and common floors and ceilings, and \,yhich are located
on a Village Center Block or a single lot of record.
/'"ccessory d'vVclling. A dwelling '.vhich is attached to or located on the same lot as a
detached or attached single family dwelling, has an independent means of access and is
ovmed by the o':mcr of the principal d\velling but occupied by another. 1^"ccessory
d'.vellings include apartments integrated "vithin or attached to single family dwellings, or
those located in attached or detached accessory buildings, such as garages, carriage
houses, or agricultural type outbuildings, located on the same lot as single family
dwellings.
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Dwelline:. A room or combination of rooms desie:ned for vear-round habitation. containine: a
bathroom and kitchen facilities. and desie:ned for or used as a Dermanent residence bv at least
one Derson.
Elderly Day Care Center. A building or space in a building and grounds used for the day care of
senior citizens exclusive of daily health-related care or services.
Elevation. An exterior facade of a structure, or its head-on view, or representation drawn with
no vanishing point, and used primarily for construction.
Eligible Title Holder. Developer, a non-profit corporation having perpetual existence--efJ
relie:ious bodv ore:anized to sustain relie:ious ceremonies and Durnoses. a governmental body or
the ODerator of cone:ree:ate housine:.
Environmental Constraints. Features, natural resources, or land characteristics that are sensitive
to improvements and may require conservation measures or the application of creative
development techniques to prevent degradation of the environment, or may require limited
development, or in certain instances may preclude development.
Facade. A building face or wall.
Facade Signage Area. The area or areas on a commercial building facade where signs may be
placed without disrupting facade composition. The signable area will often include panels at the
top of show windows, transoms over storefront doors and windows, sign boards on fascias, and
areas between the top of the storefront and the sills of second story windows.
Fenestration. Window and other openings on a building facade.
Fascia. A projecting flat horizontal member or molding, also part of a classical entablature.
Focal Point. (See Visual Termination).
Frontage Line. The property line adjacent to the street. In the case of a comer lot, that part of
the lot having the narrowest frontage on any street shall be considered the frontage line unless
otherwise indicated on an approved final plat.
Frontage Place. A permanent public or private way situated parallel to a street in order to
provide access to one or more lots.
Gable. That part of the end wall of a building between the eaves and a pitched or gambrel roof.
Gateway. A principal point of entrance into the Village Center.
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Governmental Entity. The City of Carmel or County of Hamilton, as applicable
Gross Residential Density. The number of dwellings (exclusive of accessory dwellings and 51
VillaQ:e Center lofts) in relation to the total land area in the District or such lesser area as may be
designated.
Home-based Office. An office incorporated in or attached to, or located on the same lot as, a
single-family detached dwelling from which a business activity is conducted on a substantially
regular basis; does not include an office used irregularly as a secondary facility away from a
principal place of business and is not a home occupation for purposes of this Ordinance.
Home-based Office Area. The Primary Area (MU).
Human Scale. The relationship between the dimensions of a building, structure, street, open
space, or streetscape element and the average dimensions of the human body.
Independent Living Facility. Congregate living facilities which are designed for the elderly or
disabled who do not require health and support services, such as medical and nursing care,
central dining and transportation service, located on site. Each living unit may be self-contained
and is physically accessible to elderly or disabled persons. Distinguished from apartment
building(s) by the provision of some communal services.
Inn. A building or buildings containing individual rooms or suites for the purpose of providing
temporary lodging facilities to the general public for compensation, with meals, and which has
facilities for reservations and cleaning services, combined utilities and on-site management and
reception services.
Landscape Plan. The general design for landscaping in the District included as part of the
Development Plan.
Landscaping. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials and
associated structures and improvements.
Large Lot. A lot having a width at the build-to line of 70 feet or greater measured alon!! such
line.
Large Maturing Tree. A tree whose height is normally greater than 30 feet at maturity.
Maintenance Easement. A perpetual easement not less than three feet in width affording the
benefited person the right to enter on the land encumbered by the easement for the purpose of
undertaking maintenance, repair or rebuilding of a structure located on the lot owned by the
benefited person.
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Masonry. Wall building material, such as brick or stone, which is laid up in small units.
Massing. The three-dimensional bulk of a structure: height, width, and depth.
Meeting House. The community building-te-l3e located in the Village Center a5-and depicted on
the Development Plan.
Mixed Use. The combination of both commercial and residential uses, either rental or owner-
occupied,. within a single building of two or more stories.
Modification. A change to the Development Requirements approved pursuant to Section 4.
Modified Grid Street Pattern. An interconnected system of streets which is primarily a
rectilinear grid in pattern, modified in street layout and block shape as to avoid a monotonous
repetition of the basic street/block grid pattern.
Nursing Home, Rest Home or Home for the i\ged. l~ facility or housing development in '..vhich
an agency, organization or individual provides care for three or more sick, disabled or aged
persons not related by blood or marriage to the operator. Such congregate care facilities are
classified as "dependent living facilities" or "independent living facilities" depending on the
degree of support services on site.
Open Space. A parcel, or parcels, of land, an area of water, or a combination of land and water,
including flood plain and wetland areas within the Development designed and intended for the
use and enjoyment of some or all of the residents of the Development and, where designated, the
community at large. Except as otherwise provided herein, common open space does not include
any area which is divided into building lots, Village Center Blocks, streets (except the
landscaped medians of boulevards), rights of way (except tree lawns) or parking lots. The area
of parking facilities serving the activities in the open space and paths or sidewalks located
therein may be included in the required area computations.
Owners Association. An Indiana non-profit corporation whose members are owners of lots in
the District.
Parking Lot. An area, not within a building, where more than six motor vehicles may be parked
for the purposes of temporary, daily or overnight off-street parking.
Parking Lot. Large. A parking area containing 36 or more parking spaces.
Parking Lot. Small. A parking area containing 35 or fewer parking spaces.
Parking Space. An area permanently reserved for the temporary parking of one motor vehicle
and connected to a street or alley.
Parking Structure. A structure located in the Primary Area (MU) designateddesitmed to
accommodate the parking of more than five (5) motor vehicles.
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Passages. Ways upon which Commercial Structures front which afford access from a Common
Parking Lot to a Village Street or Boulevard (as defined in Sections 10-8 and 10-9 of this
Ordinance).
Path. A paved or otherwise cleared way intended as a jogging trail or a bikeway located in open
space, an easement or a right-of-way.
Perioheral Retail Area. That Dart of the District lvim! south and west of the intersection of 131 st
Street and Towne Road as more oarticularly delineated on the Develooment Plan.
Perioheral Retail Desi~n Guidelines. The Desi~n Vocabulary aoolicable to commercial
structures located in the Perioheral Retail Area.
Permitted Dwellings. The aggregate number of dwellings (exclusive of accessory dwellings and
51 Villa~e Center lofts) which may be constructed in the District without exceeding the gross
residential density limitations for the District set forth in Section 7 of this Ordinance, whether or
not actually constructed.
Pilaster. A column partially embedded in a wall.
Phase. Any land area, whether platted or unplatted, building or buildings designated by the
Developer in an application for approval of a plat or issuance of an improvement location permit.
Portico. An open sided structure attached to a building sheltering an entrance or serving as a
semi-enclosed space.
Premises Identification. The common street address of a building displayed in numerals.
Primary Area. That part of the District more particularly delineated on the Development Plan as
the "Primary Area." The Primary Area consists of4we three sub areas: Primary Area (MU)-af!:tio!o
Primary Area (RU)-: and Primarv Area (SH)
Primary Area (SH). That Dart of the Primary Area delineated on the Develoument Plan and
containin~ urimanlv senior housin~.
Primary Area (MU). That part of the Primary Area delineated on the Development Plan as
"Primary Area (MU)" and containing mixed uses.
Primary Area (RU). That part of the Primary Area delineated on the Development Plan as
"Primary Area (RU)" and containing primarily residential uses.
Principal Streets. Towne Road, 131st Street, Broad Street, Meeting House Road, Horseferry
Road and Grafton Glebe Street.
Paae 13 of 72
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Proportion. The relationship or ratio between two dimensions, e.g. width of street to height of
building wall, or width to height of window.
Public Viewshed. That which is reasonably visible, under average conditions, to the average
observer from a street, civic space or open space.
Recreational Building. A building containing meeting or other facilities located in a recreational
space and intended for use in connection with the enjoyment of recreational space.
Recreational Space. An area of land or combination of land and water resources for public or
private use that is developed for active and/or passive recreational pursuits with various
manmade features that accommodate such activities. Such areas may constitute open space or
CIVIC space.
Rowhouse. (See Townhouse).
Secondary Area. That part of the District lying beyond the Primary Area as more particularly
delineated on the Development Plan.
Senior Housin2:. Con2:re2:ate housin2: for the elderlv.
Shared Parkin2: Area. A Darkin2: lot located within 400 feet of the buildin2:s whose owners.
occuDants or visitors have a le2:allv enforceable ri2:ht to the use thereof established bv a recorded
reciorocal access a2:reement ioint oDeratin2: a2:reement or Declaration.
Sidewalk. A paved walkway provided for pedestrian use. If located at the side of a road within
a right-of-way, it may be separated from the cartway by a tree lawn.
Sidewalk Display. The outdoor display of merchandise for sale by a commercial establishment.
The displayed merchandise must be similar to the merchandise sold within the establishment.
Sight Triangle. The triangular area formed by the point of intersection of (a) street right-of-way
lines, or in the case of a rounded property corner, the street lines extended, or a right-of-way line
and an alley or driveway and (b) a point located along each right-of-way line (or an alley or
driveway) at a distance from the point of intersection equal to the greater of (i) the posted speed
limit for such street (e.g., 35 if the posted speed limit is 35 m.p.h.) or (ii) 25 feet.
Si2:n Area. The area of a si2:n is the area that encomDasses allletterin2: but excludes structural
SUDDOrt or architectural desi2:n elements. The 2:ross si2:n area of a si!m with back-to-back
identicalletterin2: mounted on the same structure is the total siQ11 area on one (1) side of the siQ11.
For this Dumose. "letterin2:" includes anv commercial 102:0.
Sign. Corner. A projecting sign located on the comer of a commercial building, the signboard of
which is equally visible from each right-of-way which creates the comer.
Paae 14 of 72
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Sign. Icon. A sign that illustrates, by its shape and graphics, the nature of the business conducted
within.
Sign Traffic. A sign directing traffic movement into or within the district, the wording, shape
and graphics of which shall, to the extent applicable, comply with the "Manual erof Uniform
Traffic Control Devices" or as approved by the Governmental Entity.
Sign Fascia. The vertical surface of a lintel over a storefront which IS suitable for sIgn
attachment.
Sign Ordinance. CarmeVClay Sign Ordinance, Z-302, as amended.
Small Lot. A lot having a width at the build-to line of less than 70 feet.
Small Maturing Tree. A tree whose height is normally less than 30 feet at maturity.
Specimen Tree. Any tree with a caliper of 18 inches or more.
Story. A habitable level 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 50 percent of
the basement elevation is above grade at the build-to line.
Street Furniture. Functional elements of the streets cape, including but not limited to benches,
trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards, and
removable enclosures.
Streetscape. The built and planted elements of a street which define its character.
Subdivision Control Ordinance. CarmeVClay Subdivision Control Ordinance, No. Z-160, as
amended.
Texture. The exterior finish of a surface, ranging from smooth to course.
Threshold Elements. Porches, stoops, stairs, balconies, eves, cornices, loggias, arcades,
chimneys, awnings, doors and windows which are placed at or near the build-to line, a side yard
line or a rear yard line and interface between the main body of the building and the street and/or
a property line.
Townhouse. Two or more dwellings, arranged side by side, separated by common walls, each
having more than one story.
Tree Lawn. A planting area located within or adjacent to the public right-of-way, typically
located between the curb and the sidewalk, and planted with ground cover and trees.
Trustees' Hall. The building intended for use by the Owners Association depicted on the
Development Plan.
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Vertical Dwellin2:. More than two dwellin2:s Dlaced on tOD of each other. Vertical dwellin2:s
which are develoDed as condominiums are excluded from the definition of aDartments.
Viewshed. (See Public Viewshed).
Village Center. The focal point of the Development within the Primary Area containing the
major civic and commercial space, consistin2: of Blocks A throu2:h G and Lots 406 throu2:h 411
as more particularly delineated on the Development Plan.
Village Center Block. Each of Blocks A, B, C, D, E, F, and G and HLots 406 throu2:h 411 (as a
2:rouD). as depicted on the Development Plan.
Villa2:e Center Loft. A dwellin2: located in a mixed-use structure.
Visual Termination. A point, surface, building, or structure terminating a vista or view, often at
the end of a straight street or coinciding with a bend.
Visually Impervious. A buffering or screening device which blocks the view to or from adjacent
sites by a discernible factor of at least 80 percent.
Zonin2: Ordinance. Carmel/Clav Zonin2: Ordinance Z-289. as amended from time to time.
Section 4. Modification of Development ReQuirements.
4.1. The Commission may, upon petition of the Developer, modify any Development
Requirements specified in this Ordinance other than those relating to the uses authorized in
Sections 5 and 6.
4.2. Modification of the Development Requirements requested by the Developer may be
approved by a hearing examiner or committee designated by the Commission, after a public
hearing held in accordance with the Commission's Rules of Procedure. However, any decision
of a hearing examiner or committee which approves or denies any requested modification may
be appealed by the Director or any interested party (including the Developer) to the Commission,
also in accordance with the Commission's Rules of Procedure.
4.3. Any proposed modification of the Development Requirements shall comply with the
following guidelines:
A. The modification shall be III harmony with the purpose and intent of this
Ordinance.
B.
The modification shall not have an adverse impact on the physical, visual, or
spatial characteristics of the Development.
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c.
The modification shall not have an adverse impact on the streetscape and
neighborhood.
D. The modification shall not result in configurations of lots or street systems which
shall be unreasonable or detract materially from the appearance of the
Development.
E. The modification shall not result in any danger to the public health, safety, or
welfare by making access to the dwellings by emergency vehicles more difficult,
by depriving adjoining properties of adequate light and air, or by violating the
other purposes for which this Ordinance was enacted as set forth in Section 1.
F. The minimum lot size of any lot to be created shall not be reduced below the
requirements of this Ordinance.
4.4. This Ordinance contains Development Standards, which are normative and set forth
specific requirements, and Development Guidelines, which suggest preferred solutions and are
only indicative. When applying the Development Standards and the Development Guidelines,
the Commission shall carefully weigh the specific circumstances surrounding the modification
petition and strive for development solutions that promote the spirit, intent and purposes of this
Ordinance.
4.5. If the Commission (acting through its hearing examiner or committee) determines that the
proposed modification will not have an adverse impact on development in the District, it shall
grant a modification of the Development Requirements. In granting modifications, the
Commission may impose such conditions as will, in its reasonable judgment, secure the
objectives and purposes of this Ordinance.
Section 5. Permitted Principal Uses.
5.1. Primary Area (MU). The following uses are permitted in the Primary Area (MU) or parts
thereof, subject to the applicable Development Standards.
A. The following residential uses:
(1) detached dwellings
(2) attached dwellings
(3) apartments
(4) accessory dwellings
(5) congregate housingVillae:e Center lofts
(6) Vertical dwelline:s
B.
Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
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c.
Civic uses.
D. The following commercial uses:
(1) financial institutions, including drive-through banking facilities (provided
such are located at the rear of a lot) and exterior ATMs.
(2) offices, including general offices, professional offices and real estate
offices.
(3) retail sales of goods and services permitted in the B-5 and B-7 Districts
except those described in Section 23B.5 of the Zoning Ordinance (as in
effect on January 1. 1999) unless otherwise permitted by this Ordinance or
by the Commission.
(4) restaurants, except drive-through facilities.
clinics or medical health centers.
E. Agricultural uses, except agri-business structures.
F. Public, semi-public and private recreational uses except shooting gallery, but
including bowling alley and/or billiard parlor if approved by the Commission.
G. Bed and breakfast establishment, having not more than 10 bedrooms or suites
each of which is not less than 200 square feet.
H. Inns, having not more than 100 bedrooms or suites each of which is not less than
200 square feet, provided that, unless authorized by the Commission, no such inns
shall be permitted in that part of the District lying west of Towne Road.
No more than one (1) bed and breakfast establishment and one (1) inn may be located in the
Primary Area (MU) without the approval of the Commission.
5.1.1 Primary Area (RU). The following uses are permitted in the Primary Area (RU) or parts
thereof, subject to the applicable Development Standards.
A.
The following residential uses:
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(I) single-family detached dwellings
(2) attached and vertical dwellings (not exceeding four family use)
(3) accessory dwellings
B.
Recreational Developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball fields. ball courts,
and other recreational spaces, and recreational buildings.
playgrounds
C.
Ag:ricultural uses. exceDt ag:ri-business structures.
5.1.2. Primary Area (SH), The following: uses are Dermitted in the Primary Area (SH) or Darts
thereof. subiect to the aDDlicable DeveloDment Standards:
A. The following: residential uses:
ill sing:le-farnilv detached dwelling:s
ill attached dwelling:s
ill accessorv dwelling:s
ill senior housing:
ill vertical dwelling:s
B. Recreational develoDments or facilities owned or oDerated bv an Elici.ble Title
Holder. including: clubhouses. Darks. Dools. ball fields. ball courts. Dlavg:rounds and
other recreational SDaces and recreational building:s.
C. Civic uses
D. Commercial uses ancillary to cong:reg:ate housing: and intended Drimanlv for the use
of visitors to and residents of cong:reg:ate housing:.
E. G:-Agricultural uses, except agri-business structures.
5.2. Secondary Area. The following uses are pennitted in the Secondary Area:
A. Large lot single-family detached dwellings.
B. Accessory dwellings.
C. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
Do:' Agricultural uses, except agri-business structures.
E.
Churches or other places of worship, but only if located in that part of the
Secondary Area described in Exhibit B.
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. 5.3. Perioheral Retail Area. The followin2: uses are oermitted in the Perioheral Retail Area:
A. The followin2: commercial uses:
.
ill financial institutions. includin2: drive-thru teller service and exterior A TMs
ill restaurants or fast food ooerations. includin2: drive-thru window service
ill 2:rocerv store (includin2: customary ancillary uses such as flower shoo and
bakerv). includin2: drive-thru window service
~ dru2: store. includin2: drive-thru window service
Ql the sale of 2:asoline and other oetroleum oroducts exclusive of liauefied
petroleum 2:as and. as an accessorv use onlv. the oolishin2:. 2:reasin2:. washin2:
or other cleanin2:. servicin2: or reoairin2: of motor vehicles orovided such
services are rendered within a fullv enclosed service bav or shielded from
view from adiacent orooerties. Automobile bodv reoairs are not oennitted.
LG2 convenience store (with or without 2:as sales)
ill convenience market
LID car wash
!22 oacka2:e liauor store
am 2:arden shoo
!ll1 video sales or rental
Q1l hardware store
LU2 sale of coffee. ice creams. baked 2:oods and/or oreoared foods for
consumotion on or off the oremises. includin2: drive-thru window service
(ill anv commercial use oerrnitted in the Villa2:e Center if the Commission
aooroves such other use.
B. Civic Uses
C. All residential uses oerrnitted in the Primary Area (MU).
D. A2:ricultural uses. exceot a2:ri-business structures.
Section 6. Permitted Accessory Uses.
The following accessory uses are permitted in the District, subject to the applicable Development
Standards and obtaining all required permits:
6.1. In the Primary and Secondary Areas, accessoryAccessorv uses, buildings or structures
(including home occupations), subject to the following conditions:
A.
No accessory building shall be constructed upon a lot until the construction of the
main building has been actually commenced; and no accessory building shall be
used unless the main building on the lot is also being occupied for the intended
purposes. However, nothing shall prevent the use of a temporary construction
.
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facility for the storage of tools, material and equipment by a contractor during
building construction.
B.
No residential accessory building may be erected in front of a main building, or in
the required front yard on the side of a comer lot, unless the accessory building is
attached to the main building by a common wall.
c.
A private residential garage or accessory building shall not exceed the living area
of the primary structure. The combined square footage of the residence, garage
and accessory building shall not exceed the maximum lot coverage allowed.
D.
A private swimming pool shall comply with the requirements of Section 5.0(d)(2)
of the Zoning Ordinance.
E.
A private tennis court shall comply with the requirements of Section 5.0(d)(3) of
the Zoning Ordinance.
F.
Accessory lighting on a residential lot shall not cause illumination at or beyond
any lot line in excess of 0.1 footcandlesfoot candles of light.
G.
No private radio or television reception or transmitting tower or antenna shall be
located within 10 feet of a power transmission line. Satellite receiving antennas
shall comply with the requirements of Section 25.0(1) of the Zoning Ordinance.
H.
No home occupation shall be permitted without the prior consent of the
Department and a permitted home occupation shall comply with all applicable
requirements of the Zoning Ordinance.
6.2. In the Home-based Office Area only, home-based offices, subject to the following
conditions:
A. The home-based office is (i) located in or attached to a single family detached
dwelling or (ii) located in a detached accessory building or garage typically
associated with such a dwelling.
B. Medical, dental and real estate offices are not permitted as home-based offices.
C. Retail sales of goods may not be made from a home-based office.
D. In addition to the family occupying the dwelling to which the use of the home-
based office is accessory, there shall not be more than three outside employees in
the home-based office.
E.
The employees and clients shall park in on-street curbside parking spaces or in a
rear or side yard parking area and shall not park in the driveway forward of the
front facade of the dwelling.
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F.
Signage is limited to one wall-mounted sign with a sign area not exceeding three
square feet.
G. The home-based office shall not exceed 1,000 square feet or 30 percent of the
total square footage of the dwelling if attached to or incorporated in the dwelling;
if located in an accessory building, the home-based office shall not exceed 1,000
square feet.
H. No outside storage or outside display is permitted.
L I. All exterior aspects of the home-based office operation shall be consistent
with the residential character of the neighborhood.
6.3 In the PeriDheral Retail Area. all accessorv buildings and uses that are Dermitted bv the
Zoning Ordinance with reSDect to uses soecified in Section 5.3.
Section 7. Residential Development.
7.1. Without the approval of the Commission, the gross residential density in the District shall
not exceed ~2.41 dwellings Der acre. the gross residential densitv in the District exclusive of
senior housing shall not exceed 2.1 dwellings per acre and the gross residential density in the
Secondary Area shall not exceed 1.3 dwellings per acre.
7.2. Upon completion of the Development, the number of single family detached dwellings in
the District shall be at least 50 percent of the number of Permitted Dwellings (exclusive of senior
housing).
7.3. Apartment houses may be located only in the Village Center. Without the approval of the
Commission, apartments (exclusive of accessory dwellings) shall not constitute more than 16.52
percent of the number of Permitted Dwellings.
7.4. A mix of dwelling types may be distributed throughout the Primary Area. Different
dwelling types may be mixed in any distribution within any single block.
7.5. Only large lot single-family detached dwellings and accessory dwellings shall be
permitted in the Secondary Area. Lots abutting the north property line of Claridge Farm or the
right-of-way of Hoover Road between the north and south property lines of Claridge Farm shall
be not less than 15,000 square feet in area.
7.6. Buildings in the Primary Area and the PeriDheral Retail Area shall be designed III
conformance with the Design Vocabulary.
7.7. Accessory dwellings shall be limited to 1,000 square feet in floor area. A detached
accessory dwelling may be housed in a building containing only the dwelling or in a building
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which contains the dwelling with garage, workshop, studio, home based office or similar use.
There shall not be more than one accessory dwelling located on a lot in addition to the single
family dwelling. An attached accessory dwelling shall be subordinate to the principal structure
characterized at a minimum by a lower ridge line.
7.8. Each apartment or owner-occupied dwelling in a mixed use structure or an apartment
house shall be a minimum of 725 square feet in gross floor
7.9. Front yards of attached dwellings may be unified into one common yard treated as a
single front yard for the entire building.
7.10. A maintenance easement shall be provided on a lot adjacent to a zero-lot line detached
dwelling. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of two
feet, but the roof shall be so designed that water runoff from the zero-lot line dwelling is limited
to the easement area.
7.11. A dwelling may be utilized as a staffed model, including temporary sales office, during
the course of build-out of the Development, subject to the parking and signage requirements of
Sections 16 and 18. A Certificate of Occupancy shall be required before the model is placed in
serVIce.
Section 8. Commercial Development.
8.1. -Ne Commercial and mixed- use or commercial structures (exclusive of those associated with
senior housin2:) shall be located onlv in the Villa2:e Center and the Perioheral Retail Area.
Commercial and mixed use structures associated with senior housin2: are oermitted in the
Primary Area (WSH) nor in the Secondary Area nor '.vest of Towne Road.
8.2. Without the approval of the Commission, the aggregate square footage of commercial
space in mixed use or commercial structures in the DistrictVilla2:e Center and Perioheral Retail
Area shall not exceed ~274.800 square feet,!, of
DweHingwhich not more than 100.000 sauare feet shall be located in the Perioheral Retail Area.
8.3. Without the approval of the Commission,
square feet for each Permitted Dwellingno more than three (3) restaurants offerin2: drive-thru
service shall be located in the Perioheral Retail Area.
8.4. Without the approval of the Commission, office and sendee usesno restaurant located in
the DistrictPerioheral Retail Area shall not exceed 150 square feetbe ooen for
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D'.vellingbusiness between the hours of 11 :01 D.m. and 6:00 a.m. exceDt that the closing time
may be extended from 11 :01 D.m. to 1 :00 a.m. on Fridav and Saturday nights.
8.5. Commercial
Road. Commercial uses may be mixed and integrated with dwellings and civic uses within the
Primary Area eMU). At least fifty one percent (51 %) of the square footage of commercial and
mixed use structures shall be located in the Village Center. PeriDheral Retail Area and Primary
Area (SH).
8.6. Commercial uses in the Village Center. Primary Area (MYSH) and PeriDheral Retail
be contained in simde-storv or multi-story, mixed use structures 'Nith
either apartments, mvner occupied dV/ellings or offices. mixed uses
8.7. Restaurants in the Village Center and PeriDheral Retail Area shall be permitted to operate
outdoor cafes on sidewalks and in courtyards, provided that pedestrian circulation and access to
store entrances are not impaired. An open pedestrian way of less than three (3) feet shall
constitute impainnent. hnmediately adjacent to the handicap ramp connecting a street to a
sidewalk or a path, a pedestrian way of no less than five (5) feet in width shall be provided.
&&8.8 Retail establishments (exclusive of a general store)in the Village Center shall be
permitted to have sidewalk displays of retail merchandise.
8.9. A landscaDed buffer of not less than 20 feet in width shall be established and maintained
along the north and east boundaries of the PeriDheral Retail Area as deDicted on the LandscaDe
Plan. Such buffer shall constitute community area and shall be maintained bv an owners
association. LandscaDing shall meet the standards established bv the Commission for buffer yard
"D" in Section 26.04.05 of the Zoning Ordinance.
8.10 The buffer and landscaDed Dlanting area reauired bv Section 8.9 may be Denetrated bv
side walks. Daths and entrance drives from adjacent roads as deDicted on the DeveloDment Plan.
8.11. Buildings in the PeriDheral Retail Area shall be desi!:med in conformance with the
PeriDheral Retail Area Design Guidelines.
&98.12. Unless the DeDartment determines that such structure is depicted on the
Development Plan in substantially the fonn and style to be constructed, Commission approval of
the architectural design, landscaping, parking, signage, lighting and access to of the
fstructure in accordance with the Commission Drocedures for ADLS) Amendment review shall
be necessary prior to the (i) establishment of any commercial structure in the PeriDheral Retail
Area; (ii) issuance of any Improvement Location Permit for a commercial structure in the
PeriDheral Retail Area; (iii) erection, reconstruction or external architectural alteration of any
commercial structure in the District PeriDheral Retail Area; or (iv) the changing of any site
improvements pertaining to a commercial structure in the PeriDheral Retail Area. In considering
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an application therefor, the Commission shall determine whether the proposed structure
substantially complies with the Development Requirements and the aoolicable Design
Vocabulary. If the Commission determines that it does, it shall approve the application for
ADLS approval. If the Commission denies the application for ADLS approval, it shall
specifically detail in writing the basis for its belief that the proposed use or structure does not
comply with the Development Requirements and the aoolicable Design Vocabulary. An
applicant who has been denied may immediately apply for ADLS approval of a new plan for the
structure. A decision regarding ADLS approval or denial may be made by a hearing examiner or
committee designated by the Commission, after a public hearing held in accordance with the
Commission's Rules of Procedure. However, any decision of a hearing examiner or committee
which approves or denies any requested modification may be appealed by the Director or any
interested party (including the Developer) to the Commission, also in accordance with the
Commission's Rules of Procedure.
Section 9. Blocks.
9.1. The following standards and guidelines apply to blocks within the Primary Area:
A.
Except as otherwise depicted on the Development Plan, streets shall be designed
to create blocks that are generally rectilinear in shape, a modified rectilinear
shape, or other distinct geometric shape, except where topographic or other
conditions necessitate a different configuration. Generally, blocks (other than
Village Center Blocks) should be designed to have a maximum length of 600 feet
unless bisected by an alley or pedestrian way. Alleys shall be permitted to bisect
blocks.
B. The lots in each block shall be designated with a build-to line set forth on the
Secondary Plat or in another recorded instrument which shall establish the front
yard setback for the lots on the block. The build-to line shall not be closer to the
frontage line than the build-to line for the proposed uses established in Section 15.
A minimum of 70 percent of all buildings on the block shall sit back no further
than the build-to line, with the remaining 30 percent allowed to vary by being
further setback no greater than 75 percent of the distance from the frontage line to
the build-to line for residential or no further than the maximum setback for
commercial uses. Buildings shall be allowed to come forward of the build-to line
by no greater than 25 percent of the distance between the frontage line and the
build-to line for residential structures and 50 percent of such distance for other
buildings.
C. In order to eliminate the appearance of a standardized subdivision, lots are not
required to be uniform in size.
9.2. Except as otherwise depicted on the Development Plan, blocks in the Secondary Area
shall conform to the requirements of Section 6.4 of the Subdivision Control Ordinance.
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9.3. 9.3. Village Center Blocks
any use permitted under Sections ~5.1, 5.1.1 and 6.
be utilized for
904 Commercial Blocks mav be utilized for anv use Dermitted under Section 5.3.
Section 10. Streets.
10.1. Subject to the last sentence of this Section 10.1, the street layout and type (including
rights-of-way, cartways and curbing) within the District shall be as indicated on the
Development Plan, adapted as appropriate to the topography, unique natural features and
environmental constraints of the site. The street layout shall take into consideration the location
of the community focus, other open space areas, gateways, and vistas. Streets shown on the
Development Plan may be eliminated or relocated as part of an approved final plat to consolidate
blocks for development as long as there is no materially adverse impact on the flow of traffic
within the District.
10.2. Intentionally omitted
10.3. The street layout in the District may incorporate one or more of the street types described
on Table 10.3.
lOA. Alleys are ways which conform to the following requirements:
A. Minimum width of alley: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is not required except at corners of intersections with other street types.
At such comer locations, curbing shall be required for the comer radius to the
path or sidewalk paralleling the intersecting street. A concrete apron may serve as
point of termination for the curb.
D. Utilities may be located within alleys.
E. An alley shall be a perpetual easement or private way and shall not be dedicated
to the public.
10.5. Closes incorporate streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
c.
Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
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D.
Open space between cartways shall not be less than 20 feet.
E. Closes shall not exceed 600 feet in depth from the nearest street providing
through access.
.
(,
.
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Table 10.3
T^BLE 10,3
Villalle of WestClav Street Tvues
Closes Alley AL22-P 22 18 <350 5 25 50 15
Passages Alley AL- 34P 34 18 <350 10 25 50 15
Drive Road RD-50P 50 24 <5,000 20 90 llO 15
Street Street ST-50P 50 24 <10,000 20 90 llO 15
Corridor
Village A venue AV-50P 50 24 <15,000 20 90 llO 15
Street
. Blvd, Blvd. B V -60P 60 Per See <15,000 20 150 150 20
10,9
.
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10.6. Frontage places are streets which conform to the following requirements:
A.
Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is not required.
D. An open space (which may be located in the right-of-way) at least 10 feet in width
shall separate the frontage place from the parallel street cartway.
E. Frontage places shall be neither less than 250 feet nor in excess of 800 feet in
length between parallel street access points except where the total length of the
frontage place is less than 250 feet.
10.7. Passages are streets which conform to the following requirements:
A. Minimum right-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.8. Village streets, street corridors and drives are streets which conform to the following
requirements:
A. RightMinimum ri!!ht-of-way width: See Table 10.3
B. Minimum width of cartway: See Table 10.3
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.9. Boulevards are streets which conform to the following requirements:
A. RightMinimum ri!!ht-of-way width: See Table 10.3
B. Width of cartway: two cartways, each +&12 to 32 feet wide, on either side of a
tree lawn a minimum of 8 feet in width.
C. Curbing is required. Granite block or concrete boxed curbing, or equivalent, is
permitted.
10.10. No planting, structure, sign, fence, wall, man-made berm, or other obstruction to vision
shall be installed, constructed, set out, or maintained so as to obstruct cross-visibility in the sight
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triangle between 30 inches and 72 inches above the level of the center of the street intersection,
except that the limitations of this section shall not apply in the instances noted below, so long as
adequate visibility is maintained relative to intended speed limit:
A. existing natural grades;
B. trees trimmed such that no limbs or foliage extend into the area between 30 and
72 inches above the level of the adjacent intersection;
C. fire hydrants, public utility poles, street markers, government SIgnS, electrical
junction boxes, and traffic control devices;
D. buildings located in the Primary Area or the PeriDheral Retail Area;
E. the approved and intentional use of traffic calming techniques to reduce speed;
these include, but are not limited to: a series of hill crests, intersection diverters,
and curb bulbs.
10.11. The minimum street grade shall be 0.50 percent and the maximum street grade shall be
seven percent.
10.12. With the approval of the Commission, streets within the District may be private.
10.13. All streets within the District which are to be dedicated for public use and accepted for
maintenance by the City of Carmel or the Board of Commissioners of Hamilton County shall be
constructed to the standards of the City of Carmel or the Hamilton County Highway Department,
as applicable at the time of construction, for depth and materials.
10.14. All streets in the District which do not conform to the requirements for the street types
permitted by this Ordinance shall comply with the requirements of the Subdivision Control
Ordinance.
10.15. street may be separated from another street by an "eyebrow" median. An
eyebrow is a variation of a close, with a less pronounced "U", and shall conform to the design
guidelines for alleys.
10.16. Dia!!onal Darkin!! is Dermitted if the ri!!ht-of-wav allocated thereto is not less than 18 feet
wide and the adiacent cartwav is not less than 12 feet wide.
10.17. The area of the ri!!ht-of-wav allocated to Darkin!!. cartwav and tree lawn area (or median)
mav varv alon!! the 1en!!th of a boulevard.
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Section 11. Open Space.
11.1. Not less than 20 percent of the land in the District shall be allocated to and shall remain
in open space in perpetuity. Open space shall be restricted by a Declaration to prohibit future
subdivisions or development. Open space shall be used for social, recreational, and/or
environmental preservation purposes. The uses authorized must be appropriate to the character
of the open space, including its topography, size, and vegetation.
11.2. Open space in the District shall generally be of the size and configuration and in the
locations depicted on the Development Plan.
11.3. Open space containing existing attractive or unique natural features, such as streams,
creeks, ponds, woodlands, specimen trees, and other areas of mature vegetation worthy of
preservation shall generally be left unimproved and in a natural state. The Developer may make
improvements such as the cutting of trails for walking or jogging, the provision of picnic areas,
removal of dead or diseased trees, thinning of trees or other vegetation to encourage more
desirable growth, and grading and seeding.
11.4. Open space may be used for public and semi-public recreation, social and educational
purposes.
11.5. Recreational and civic buildings, structures, and improvements (for example, the Meeting
House, Education Center, Trustees Hall, Chapel, picnic structures, ballfields, playground
equipment and gazebos) may be constructed in the open space.
11.6. An Owners Association shall establish a reserve fund for the maintenance and repair of
the open space to which it has title and shall maintain such fund at an amount which is
reasonable in relationship to anticipated expenditures.
Section 12. Civic Space.
12.1. Civic spaces in the Primary Area shall be located primarily in and adjacent to the Village
Center.
12.2.---+he University Green and the Meeting House Green shall be developed as civic space.
12.3. Parking for civic buildings shall utilize on-street parking to the extent possible. If
additional off-street parking is required, it shall be located in the rear or to the side of the civic
building and screened from the viewshed of the street, or accommodated in off-site parking
facilities complying with Section 16.
12.4. The lawn, plaza or courtyard surrounding a civic building may also qualify as open space.
. Section 13. Recreational Space.
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13.1. Not less than two percent of the Development or 450 square feet per dwelling (exclusive
of accessory dwellings and assisted livin2: units) in the Development shall be dedicated as
recreational space.
13.2. Recreational space may be distributed throughout the District.
13.3. Paths shall constitute recreational space.
13.4. A private recreational development or facility shall constitute recreational space ifthe use
thereof is generally available to residents of the District upon payment of a membership or use
fee.
13.5. Recreational space may include ballfieldsball fields and ball courts, pools and other
recreational facilities, whether or not enclosed in buildings.
13.6. Recreational space shall not include any recreational facility located entirely on a
residential lot.
13.7. Recreational space may also qualify as open space
Section 14. Sidewalks and Paths.
14.1. Sidewalks shall be provided on both sides of all streets in the District other than alleys,
closes and frontage places, and on one side of closes and frontage places, unless otherwise
shown on the Development Plan and except that: (a) a Daved Dathwav on one side on1v of
Meetin2: House Road from Hoover Road to Colfax Circle mav be substituted for otherwise
reauired sidewalks and (b) if an open space abuts a street, a path in such open space may be
substituted for a sidewalk. A sidewalk shall be provided on the side of the cartway within a
close or adjacent to that side of a frontage place upon which lots front. The pedestrian circulation
system within the Primary Area shall include gathering/sitting areas and provide benches,
landscaping, and other street furniture where appropriate.
14.2. Sidewalks shall be a minimum of four feet in width in predominantly residential areas;
sidewalks along commercial structures in the Village Center and in the PeriDheral Retail Area
shall be a minimum of eight feet in width. Sidewalks in the Village Center shall be constructed
of brick, slate, colored/textured concrete pavers, concrete, concrete containing accents of brick,
or some combination thereof or reasonable alternatives thereto that are compatible with the style,
materials, colors, and details of the surrounding buildings. The functional, visual, and tactile
properties of the paving materials shall be appropriate to the proposed functions of pedestrian
circulation.
14.3. Paths shall be provided, where feasible, to link open space areas. Paths shall be a
minimum of six feet wide and shall be surfaced, paved or improved with materials approved as
part of the secondary plat process.
Paae 32 of 72
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14.4. 14.4. Bike racks shall be provided in the Village Center. the PeriDhera1 Retail Area and
in community areas located elsewhere in the Development.
14.5. Sidewalks in the Primary Area and the PeriDheral Retail Area mav be Denetrated bv tree
lawns and/or Dlantin2: areas.
Section 15. Area and Bulk Regulations.
15.1. Large lot single family detached dwellings in the Primary Area.
A.
B.
C.
D.
Minimum lot area: 8,400 square feet
Minimum lot width at build-to line: 70 feet
Minimum lot depth: 120 feet
Minimum yard dimensions
Build-to line: ~2.Q feet unless otherwise specified on an approved final
plat
Front yard: minimum of 10 feet
Side yard: minimum of 5 feet per side; aggregate 15 feet
Rear yard: ~20 feet (~12 feet fer garagesif access is available from
aUeys-an allev)
Maximum building height: 35 feet
Maximum building coverage: 50 percent
Rear or side yard garageGara2:e required
E.
F.
G.
15.2. Large lot single family detached dwellings in the Secondary Area shall comply with the
area and bulk regulations established for the R-2 District in the Zoning Ordinance, except as
provided in Section 7.5 of this Ordinance and except as follows:
A. Minimum lot width at the building setback line: 70 feet.
B. Maximum building height: 35 feet.
C. Minimum front yard: 20 feet.
D. Minimum rear vard: 20 feet (12 feet if access is available from an allev)
E. Maximum building coverage: 50 percent.
F. E. Minimum ground floor area for a one-story dwelling: 2,000 square feet.
G. F. Minimum ground floor area for a two-story dwelling: 1,200 square feet.
15.3. Small lot single family detached dwellings.
A.
B.
C.
D.
Lot area: a minimum of 4fJ003,500 square feet
Lot width at build-to line: minimum of 4932 feet and a maximum of 69 feet
Minimum lot depth: WQ90 feet
Yard dimensions:
Build-to line: 10 feet unless otherwise specified on an approved final
plat
Paae 33 of 72
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E.
F.
G.
Front yard: minimum of 0 feet; maximum of 25 feet
Side yard: Aggregate 20 percent of the width of the lot at build-to line;
minimum (one side only) of :3-~ feet
Rear yard: f!Bf!:e12 feet
Maximum building height: 30 feet
Maximum building coverage: :3-G.6.Q percent
Gara!!e reauired: alley reauired
15.3.1. Senior housin!! detached dwellin!!s.
A. Lot area: a minimum of 3.000 sauare feet
B. Lot width at the build-to line: a minimum of 30 feet
C. Minimum lot deDth: 80 feet
D. Yard dimensions:
Build-to line: 10 feet unless otherwise sDecified on an aDDfoved final Dlat
Front yard: minimum of 0 feet: maximum of 20 feet
Side yard: a!!!!re!!ate 20 Dercent of the width of the lot at build-to line:
minimum (one side only) of 3 feet.
G. Rear yard parking: minimum of 20 feet 02 feet if access is
from an alley).
E. Maximum buildin!! hei!!ht: 30 feet
F. Maximum buildin!! covera!!e: 60 Dercent
G. Gara!!e required; alley optional
15.3.2. Con!!re!!ate Housin!! in the Primary Area (SH)
A. Lot area: a minimum of 15.000 sauare feet
B. Lot width at the build-to line: a minimum of 100 feet
C. Minimum lot deDth: 150 feet
D. Yard dimensions:
Build-to line: 10 feet unless otherwise sDecified on an aDDfoved final Dlat
or other recorded instrument.
Front yard: minimum of 10 feet: maximum of 25 feet
Side yard: 10 feet.
Rear yard: 10 feet.
E. Maximum buildin!! hei!!ht: 40 feet
F. Maximum buildin!! covera!!e: 90 Dercent
G. All off--street Darkin!! must be interior to the buildin!!. in rear yards. screened side
yards or in common Darkin!! lots comDlvin!! with Section 16.
15.4. Duplex.
A.
B.
C.
D.
Lot area: minimum of ~2,800 square feet per dwelling
Lot width at build-to line: minimum of 30 feet per dwelling
Minimum lot depth: 90 feet
Yard dimensions
Paae 34 of 72
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E.
F.
G.
Build-to line: 15 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (one side only): minimum of 5 feet
Rear yard: minimum of 20 feet (;3.12 feet for gamgesif access is available
from alleys-an allev)
Maximum building height: 30 feet
Maximum building coverage: 50 percent
Rear yard parldngGara2:e required; alley optional
15.5. Attached Dwellings Other Than Duplexes
A.
B.
Lot area: minimum of 1,500 square feet per dwelling
Lot width at build-to line: a minimum of 18 feet per dwelling and a maximum of
45 feet per dwelling
Minimum lot depth: 70 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: a minimum of 0 feet and a maximum of 20 feet
Side yard (each end of row): minimum of 6 feet, maximum of 25 feet
Rear yard: a minimum of 20 feet
Maximum building height: 40 feet
Maximum building coverage: 60 percent
Rear yard garageGara2:e and alley required except as otherwise provided III
Section 16.5.
C.
D.
E.
F.
G.
15.6. Accessory Dwellings.
A. Except as otherwise provided in this Ordinance, an accessory dwelling, whether
attached to or detached from the principal dwelling, shall comply with the
standards specified in this Section 15 for the principal dwelling.
B. The maximum building height of an accessory dwelling is 30 feet if accessory to a
large lot single-family detached dwelling or a townhouse and 25 feet if accessory
to any other type of dwelling.
15.7. Apartment House.
A.
B.
C.
D.
Minimum lot area: 3,600 square feet
Lot width at build-to line: minimum of 30 feet
Lot depth: a minimum of 100 feet
Yard dimensions
Build-to line: 10 feet or as otherwise specified on an approved final plat
Front yard: minimum of 0 feet and a maximum of 20 feet
Side yard (each side): minimum of 5 feet
Rear yard: minimum of 20 feet unless located on a Village Center Block
or adjacent to a common parking lot, in which event a minimum of 7 feet
Paae 35 of 72
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E.
F.
G.
H.
Maximum building height: 40 feet
Maximum building coverage: 60 percent
Minimum apartment size: 750 square feet
Rear yardOn site parking at rear of Lot required; supplemental screened side yard
parking permitted
15.8. Commercial Uses-aH:d= Mixed-Use and Vertical Dwellin2: Buildings in the Primary Area.
A. Lot area: minimum of :2"GOO1 ,000 square feet
B. Lot width at build-to line: minimum of 25 feet
C. Minimum lot depth: 7040 feet
D. Yard dimensions
Build-to line (unless otherwise indicated on an approved final plat or
in another recorded instrument)
E.
F.
G.
feet
Front yard: a minimum of 0 feet, a maximum of B20 feet
Side yard (each side): 11 minimum of 0 feetnone
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event no rear yard is required
Maximum building height: 43-50 feet
Maximum building coverage: 100 percent
All off-street parking must be ffito rear yards, in screened side yards or in
common parking lots complying with Section 16.
15.8.1 Commercial uses in the PeriDheral Retail Area.
A. Lot area: minimum of 5.000 SQuare feet
B. Lot width at the build-to line: 50 feet
C. Minimum lot deDth: 100 feet
D. Yard dimensions:
Build-to line: 10 feet unless otherwise indicated on an aDDfoved final Dlat
or in another recorded instrument.
Front: 10 feet
Side: 10 feet
Rear: 10 feet
E. Maximum buildin2: hei2:ht: 40 feet
F. On-site Darkin2: must comDlv with the reQuirements of Section 16.1
15.9. Civic Buildings (Exclusive of Day Care), Bed and Breakfast Establishments and Inns not
located in a Community Area.
A.
B.
C.
Lot area: a minimum of 5,000 square feet
Lot width at build-to line: a minimum of 50 feet
Minimum lot depth: 110 feet
Paae 36 of 72
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D.
Yard dimensions
Build-to line
Community facilities, bed and breakfast establishments and inns:
15 feet
Religious: 25 feet
Institutional: 20 feet
Front yard: minimum of 10 feet
Side yard (each side): minimum of 15 feet
Rear yard: a minimum of 20 feet unless abutting a common parking lot, in
which event 10 feet (3 feet for garages from alleys) no rear vard is
reauired
Maximum building height: 50 feet if in the Village Center: otherwise. 45 feet~
Maximum building coverage: 60 percent
All required off-street parking must be in the rear yards, screened side yards or in
cornmon parking lots complying with Section 16.
E.
F.
G.
15.10. Commercial Child Day Care and Elderly Day Care Facilities: as required by the Zoning
Ordinance (exclusive of Section 25.0 thereot) to the extent not inconsistent with the specific
provisions of this Ordinance. No front or side yard setback shall be required, but a rear yard of
not less than 20 feet will be required unless abutting a cornmon parking lot, in which event-l-Q
feet no rear vard is required.
15.11. Accessory buildings may be located in the rear yard and in the side yard behind the rear
facade of the principal structure. Unless othenvise specified herein, ilHResidential garages.
whether attached or unattached to the DrinciDal dwelling structure. mav be located in a rear vard
if access thereto is afforded from an allev. An accessory building (including accessory dwellings)
located in the Secondary Area may not exceed 25 feet in height. Accessorv buildings (including
accessory dwellings) located elsewhere in the District shall not exceed 35 feet in height.
15.12. Threshold elements may encroach into a front or side yard and shall not count against lot
coverage limitations. In addition, architectural features such as cornices, eaves, bays, sills, belt
courses, awnings, stoops, stairs, balconies, chimneys, gutters and fire escapes may encroach into
an established or required yard up to (i) five feet if the lot is located in the Primary Area and (ii)
three feet in the Secondary Area.
15.13. Lots may be consolidated as building sites, in which event the yard dimensions shall be
applied to the consolidated building site and setbacks measured from the exterior lot lines of the
consolidated building site.
15.14. Accessory uses such as public utility installations, private walks, driveways, retaining
walls, mail boxes, nameplates, lighting fixtures, patios at grade, birdbaths and structures of a like
nature are permitted in any required front, side or rear yard.
15.15. Where an automobile service station is gasoline sales are permitted, pumps and light
standards may be located in any yard.
Paae 37 of 72
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15.16. Fences and walls may be located in any yard subject to the provisions of Section 22.
15.17. Signs may be located in an established front setback or a side yard abutting a street as
permitted by Section 18.
15.18. Off-street parking areas, maneuvering areas for parking and loading areas are prohibited
in the established front building setback, in any established side yard abutting a street and in any
required buffer or screen except as otherwise provided in this Ordinance. This restriction shall
not apply to:
A. a driveway which crosses a front or side yard, buffer or screen to provide access
from the street to a parking area; or
B. an individual driveway, including conventional appurtenances thereto such as
basketball goals, designed also to serve as a parking area for a dwelling; or
C. plazas associated with civic buildings that have been designed for occasional use
as secondary parking areas; or
D. civic spaces or recreational spaces-:-; or
E. the Perioheral Retail Area exceot as to the buffers reauired bv Section 8.9.
15.19. Except as otherwise provided in this Ordinance, no outdoor storage of goods and
materials or refuse containers shall be located in any established setback or established yard
abutting a street, nor in any required buffer or screen, except for the temporary placement of
refuse for scheduled curbside collection.
15.20. 15.20. Terraces which do not extend above the level of ground (first) floor may project
into a required yard, provided these projections are located at least two feet from the adjacent
side lot line.
15.21. Lot width shall be measured alon!! the build-to line or buildin!! set-back line. as
aoolicable. Reauired vards shall be measured from lot lines.
Section 16. Parkin2:.
16.1. 16.1. Off-street parking shall be provided on site-ef", in common parking lots, shared
oarkin!! areas. oarkin!! structures or !!ara!!es according to minimum requirements as
specified below:
Use
Paae 38 of 72
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Paae 39 of 72
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* Additional reauired Darkin2: spaces needed for such uses willmav be provided by on-street
parking. Total onThe a2:2:re2:ate reauired number of street and off street parking SDaces in the
Primary Area for retail, offices and apartments need not exceed. vertical dwellin2:s and Villa2:e
Center Lofts (on-street and off-street) in the PrimarY Area is one eafDarkin2: SDace per 450 square
feet for retail, one Darkin2: space per 300 square feet for offices and one Darkin2: space per
bedroom for apartments. Total street. vertical dwellin2:s and off streetVilla2:e Center lofts. The
a2:2:re2:ate number of reauired number of parking SDaces for day care and elder care centers need
not exceed( on-street and off-street) is one space per employee and one space for each six
children or senior citizens. The a2:2:re2:ate reauired number of Darkin2: SDaces Der Dermitted use in
the PeriDheral Retail Area (on-street and off-street) is that number reauired for the use bv Section
27.05 of the Zonin2: Ordinance exceDt that the a2:2:re2:ate reauired number of Darkin2: SDaces for a
grocerv or a restaurant or fast food oDeration with drive-thru is the number sDecified above.
16.2. Off-street parking for commercial uses shall be sufficient to provide parking for the
employees of all proposed uses as well as long-term customer parking. Spaces reserved for
employees should be designated by means of striping and/or signage. Off-street parking lots on
commercial lots in the Primary Area other than those designated solely for parking purposes
shall be prohibited in any front yard setback area, shall be located at the rear or to the side of
Paae 40 of 72
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buildings and, where feasible, shall be accessed by means of common driveways, preferably
from side streets or alleys. Such lots may be interconnected with parking lots on adjacent
properties. Cross-access easements for adjacent lots with interconnected parking lots shall be
provided. Common, shared parking facilities are encouraged, where feasible.
16.3. Off-street parking in the District may be accommodated on lots utilized exclusively for
such purpose, including common parking lots. shared oarkin!! areas and lots imoroved with
oarkin!! structures.. Such lots shall be landscaped, buffered nndQ[ screened as required by
Sections 16.8(G)-and,!, 16.9 and 16.15 of this Ordinance. as aoolicable.
16.4 Unless otherwise agreed by the Commission, parking structures may only be located on
the interior of Village Center Blocks.
16.5. With the exception of detached single family dwellings, and duplexes and n maximum of
driveways shall be prohibited in any residential front yard area. For
other dwellings driveway access shall be provided from alleys or side yard entry. A driveway
shared by dwellings on two adjacent lots may be located with the driveway center line on the
common side lot line. An accessory dwelling shall not be served by a driveway separate from
that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley
and the principal dwelling is accessed from a street. Parking for townhouses and attached senior
housin!! dwellin!!s shall be provided in a common off-street parking area or in garages or parking
spaces, generally with access from an
Townhouse !!ara!!es must be located in the back of the structure or in a rear vard. A driveway
affording access to the rear yard of a townhouse may connect to a street if it passes through an
arcade. Parking for apartments may be located in a parking lot located on a lot other than that
containing the apartment house, but within 400 feet of an apartment house entrance.
16.6. On-street parking approved by the government entity having jurisdiction over the public
right-of-way may be counted toward all or part of the parking requirement for the use made of a
lot.
16.7. If access to a garage is provided from a street, the front entrance of such a garage shall sit
back a minimum of 10 feet from the front facade of the dwelling. A garage shall be set back the
greater of (i) three feet from the rear property line or (ii) five feet from the edge of alley
pavement, and at least three feet from one side property line. If a garage wall (which is not a
common wall) sits on a property line, then a maintenance easement shall be created on the
adjoining lot.
16.8. Parking lots shall be designed to confonn to the following standards:
A.
Parking space dimensions (other than those designed for the disabled) shall be a
minimum of 18 feet long and nine feet wide. Parking spaces shall be
dimensioned in relation to curbs or aisles so long as their configuration, area and
dimensions satisfy the requirements of this section.
Paae 41 of 72
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B.
Parallel parking space dimensions shall be a minimum of 20 feet long by eight
feet wide.
C. Parking area aisle widths shall conform to the following table which varies the
width requirement according to the angle of parking:
Angle of Parking
Aisle Width 0 30 45 60 90
One Way Traffic 13 13 13 18 20
Two Way Traffic 19 19 20 22 24
D. Driveways shall be 12 feet in width for one-way traffic and 18 feet in width for
two- way traffic.
E. Parking for the disabled shall be provided in compliance with applicable law.
F. Parking lots shall be paved with asphalt, concrete or other acceptable material.
G.
For small parking lots, landscaping shall be required at the perimeter. For large
parking lots, landscaping shall be at the perimeter and placed to break the lot into
parking modules of no more than 36 spaces. The foregoing requirements shall not
apply to parking lots located in common spacecommunitv area, adjacent to the
on the interior of a Village Center Block improved '.vith
apartments. or in the PeriDheral Retail Area.
16.9. Perimeter landscaping of parking lots not located in
communitv area. on the Education Center or on interior of a Village Center Block or in the
PeriDheral Retail Area shall conform to the following standards:
A. Screening shall be provided by installing along the perimeter of the parking lot (i)
evergreen shrubs with a maximum separation of six feet on center, a minimum
height of three feet at installation and an expected height at maturity of at least six
feet, (ii) a masonry wall three to six feet in height, or (iii) other visually
impervious landscape screening acceptable to the Department. This screen may
be penetrated for access between parking lots or to an adjoining street or alley but
no single such penetration shall exceed the width of the sidewalk or driveway, as
applicable.
B.
For parking lots which abut street rights of way, a masonry wall a minimum of
three feet in height shall be installed along the right of way frontage extending
from the building wall to the lot line. The wall may be interrupted by a sidewalk
Paae 42 of 72
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entry not exceeding eight feet in width and an access drive with a width not
exceeding 18 feet.
C.
In addition to screening, large maturing trees shall be planted around the
perimeter of the parking lot in a planting strip not less than seven feet wide.
D.
Existing vegetation which meets in whole or in part the purposes of perimeter
landscaping may be applied toward such landscaping requirement.
16.10. Interior landscaping of large parking lots not located in
community area. on the Education Center or on interior of a Village Center Block or in the
Perioheral Retail Area shall consist of large maturing trees placed such that each section of
parking (up to 36 spaces per section) is enclosed by trees (or building wall), with maximum
spacing of 40 feet on center. Tree planting areas within parking lots shall be at least seven feet
wide, edged with a curb at least six inches high and shall be designed to minimize damage to
trees by parking or moving vehicles. Such interior tree planting areas need not be contiguous.
16.11. Walls shall be constructed to be compatible with the architectural style and detail of
adjacent buildings.
16.12. Lighting for parking lots shall comply with the requirements of Section 21.
16.13. Landscaping for parking lots located in common space shall be compatible with the
natural vegetation and topography of such space.
16.14. 16.14. Landscaping for parking lots adjacent to in the Education Villae:e Center and on the
shall conform withto the Landscape Plan.
16.15 Landscaoine: for oarkine: lots in the Perioheral Retail Area shall comolv with the followine:
reauirements:
A. A minimum of one (1) shade tree and five (5) shrubs shall be olanted within each
Darline: lot for every nine (9) soaces Dfovided. or not less than 18 trees oer acre of
oarkine:.
B. A six (6) foot wide oerimeter olantine: area shall be Dfovided alone: the oerimeter of
Darline: areas. The reauired olantine: unit for this area shall include: two (2) shade
trees. three (3) ornamental trees and thirty (30) shrubs oer 100 linear feet.
C. Masonrv walls not exceedine: 48 inches in heie:ht may be substituted for oerimeter
olantine: areas.
16.16 The oarkine: soaces reauired for any buildine: or use mav be located in a common oarkine:
lot. a shared oarkine: area or a oarkine: structure if such lot. area or structure is located
within 300 feet of the buildine: or use.
Paae 43 of 72
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16.17 The followim! shall aDDlv to drive-thru lanes in the PeriDheral Retail Area:
A.
Stacking shall be confined to the sides and rear of the Darcel.
B. Lanes for drive-thru facilities shall not be Dermitted along the front of a
building nor oermitted to soill over onto adioining Drooerties.
c.... Outlet from drive-thru lanes mav be through anv established ingress/egress
drive serving the Darcel.
D. The minimum number of vehicle stackin!! so aces reauired for drive-thru
lanes shall be as follows:
ill Bank teller lane: 5 measured from the teller window
ill ATM: 3 measured from the ATM
ill Restaurant or fast food drive-thru: 10 measured from the Dick-UD
window
~ Car wash: 5 measured from the entrance
ill Gas Dumo island: 3 measured from the oumo island
(Q2 Drug store: 3 measured from the Dick-UD window.
E.
No reauired stacking vehicle SDace shall block or obstruct access to a
Dublic entrance to the building.
Section 17. Loading and Service Areas.
17.1. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be
placed to the rear or side of buildings.
17.2. 17.2. Screening and landscaping shall prevent direct views of the loading areas and
their driveways from adjacent properties or from the public right-of-way. Screening and
buffering shall be achieved through walls, fences, and landscaping, shall be a minimum
of five feet tall, and shall be visually impervious. Recesses in the building, or depressed
access ramps may be used.
17.3. Trash collection areas shall be enclosed and screened as orovided in Section 19.14.
Section 18. Signs.
All signs located within the District shall comply with the following sign regulations:
18.1. Exempt sIgns: All signs designated as exempt in Section 25.7.01-3 of the Sign
Ordinance.
Paae 44 of 72
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18.2. Prohibited signs:
A.
B.
C.
Signs on roofs, dormers, and balconies.
Billboards.
Signs painted or mounted upon the exterior side or rear walls of any principal or
accessory building or structure, except as otherwise permitted hereunder.
Signs prohibited by Section 25.7.01-4 of the Sign Ordinance, except as otherwise
permitted hereunder.
D.
18.3. Permitted business signs:
A. Wall-mounted or painted signs, provided the following standards are met:
(1) The sign shall be affixed to the front facade of the building, and shall
project outward from the wall to which it is attached no more than six
inches in the Villal.!e Center and 12 inches in the PeriDheral Retail Area.
(2) The area of the signboard shall not exceed teH20 percent of the ground
floor building facade area or 45 square feet, whichever is less.
(3) The maximum permitted height is 15 feet above the front sidewalk
elevation, and shall not extend above the base of the second floor window
sill, parapet, eave, or building facade.
(4) The height of the lettering, numbers, or graphics shall not exceed teHlO
inches in the Villal.!e Center and 12 inches in the PeriDheral Retail Area.
(5) Limited to one sign per business establishment on each building facade
fronting a street. In the PeriDheral Retail Area. a facade facinl.! 1318t Street
or Towne Road shall be deemed to be frontinl.! such streets
notwithstandinl.! that the front facades face an interior street.
B.
One wall-mounted sign, not exceeding six square feet in area, shall be permitted
on any side or rear entrance open to the public. Such wall signs may only be
lighted during the operating hours of the business.
C.
Wall-mounted building directory signs identifying the occupants of a commercial
building, including upper story business uses, provided the following standards
are met:
(1) The sign is located next to the entrance.
(2) The sign shall project outward from the wall to which it is attached no
more than six inches.
(3) The sign shall not extend above the parapet, eave, or building facade.
(4) The area of the signboard shall not exceed 15 square feet.
(5) The height of the lettering, numbers, or graphics shall not exceed five
inches.
D. D. Applied letters may substitute for wall-mounted signs, if constructed of
painted wood, painted cast metal, bronze, brass, or black anodized aluminum.
Applied plastic letters shall not be permitted. The height of applied letters shall
Paae 45 of 72
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not exceed tefllO inches in the Villa2:e Center and 12 inches in the Perioheral
Retail Area.
E. Projecting signs, including icon signs, mounted perpendicular to the building
wall, provided the following standards are met:
(1)
(2)
(3)
(4)
(5)
~
.
ill
The signboard shall not exceed an area of ten square feet unless a comer
sign which shall not exceed an area of twelve square feet.
The distance from the ground to the lower edge of the signboard shall be
eight feet or greater.
The height of the top edge of the signboard shall not exceed (i) the height
of the wall from which the sign projects, if attached to a single story
building, (ii) the height of the sill or bottom of any second story window,
if attached to a multi-story building and not a comer sign or (iii) 50
percent of the distance between the building cornice or roof line and the
sill or bottom of any second story window if a comer sign located on a
multi -story building.
The distance from the building wall to the signboard shall not exceed six
inches.
The width of the signboard shall not exceed four feet.
(6) The height of the lettering, numbers, or graphics shall not exceed
ten inches 1 0 inches in the Villa2:e Center and 12 inches in the Perioheral
Retail Area.
(7) Limited to one sign for each ground floor business establishment.
Projecting signs are not permitted in conjunction with free-standing or tree
lawn signs.
F. Tree lawn signs, including icon signs, installed on a pole in a tree lawn, provided
the following standards are met:
(1) The sign is located in a tree lawn opposite the entrance to the building.
(2) The signboard shall not exceed an area of six square feet.
(3) The distance from the ground to the lower edge of the signboard shall be
six feet or greater.
(4) The height of the top edge of the signboard shall not exceed the height of
the wall of the building in front of which the sign is located, if located
opposite a single story building, or the height of the sill or bottom of any
second story window, if located opposite a multi-story building.
(5) The width of the signboard shall not exceed two feet.
(6) The height of the lettering, numbers, or graphics shall not exceed eight
inches.
(7) Limited to one sign for each ground floor business establishment. Tree
lawn signs are not permitted in conjunction with free standing or
projecting signs.
.
G.
Painted window or door signs, provided that the following standards are met:
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(1)
(5)
(2)
(3)
The sign shall not exceed 30 percent of the window or door area exceot in
the Perioheral Retail Area where the si!!n shall not exceed 40 oercent of
the window or door area.
The sign shall be silk screened or hand painted.
The height of the lettering, numbers, or graphics shall not exceed five
inches in the Villa!!e Center and ei!!ht inches in the Perioheral Retail Area.
Limited to two window signs and one door si!!n for each business
establishment.
Painted window or door signs may be in addition to only two of the
following: a wall-mounted sign, a free-standing sign, an applied letter
sign, a projecting sign, or a tree lawn sign or a valance avming sign. A
painted window sign at the second or third floor level of a Commercial
Structure may only be combined with a tree lawn sign.
(4)
Awning signs, for ground floor uses only, provided that the following standards
are met:
(1) If acting as the main business sign, it shall not exceed fifteen square feet in
area, and the height of the lettering, numbers, or graphics shall not exceed
teHlO inches in the Villa!!e Center and 12 inches in the Perioheral Retail
Area.
(2) If acting as an auxiliary business sign, it shall be located on the valance
only, shall not exceed five square feet in area, and the height of the
lettering, numbers, or graphics shall not exceed five inches in the Villa!!e
Center and ei!!ht inches in the Perioheral Retail Area.
(3) Limited to two such signs for each ground floor business establishment, on
either awning or valance, but not on both.
(4) If acting as the main business sign, it shall not be in addition to a wall-
mounted sign, an applied letter sign or a projecting sign which is not a
comer sIgn.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
.
H.
I. Free-standing sign, provided that the following standards are met:
The building, where the business to which the sign refers is located, shall
be set back a minimum of five feet from the frontage line.
The area of the signboard shall not exceed 45 square feet.
The height of the lettering, numbers, or graphics shall not exceed teHlO
inches in the Villa!!e Center and 12 inches in the Periohera1 Retail Area.
The height of the top of the signboard, or of any posts, brackets, or other
supporting elements shall not exceed six feet from the ground.
+heIf located in the Villa!!e Center. the signboard shall be constructed of
wood, with wood or cast iron brackets.,.aad~
The si!!nboard shall be architecturally compatible with the style,
composition, materials, colors, and details of the building.
The sign shall be located within fuH.f10 feet of the main entrance to the
business and itsexceot that in the Perioheral Retail Area. the si!!n mav be
located within ten (1 Q) feet of the access drive servin!! the lot on which the
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(8)
business is located. In no event mav the location shan notof the silm
interfere with pedestrian or vehicular circulation.
Limited to one sign per building--aad. In the Villa!!e Center. a free-
standin!! si!!n shall not be in addition to wall-mounted, applied letters, tree
lawn or projecting signs. In the PeriDheral Retail Area. a free-standin!!
si!!n shall not be in addition to a tree lawn or Dfoiectin!! si!!n. but mav be
in addition to a wall mounted or aDDlied letterin!! silm.
J. Business establishments located in comer buildings are permitted signs for each
street frontage as if each frontage were a separate business establishment except
that if a comer sign is used, no free standing, tree lawn or additional projecting
signs are permitted on either frontage.
K. Businesses with service entrances may identify these with one sign not exceeding
two square feet.
L. One directional sign, facing a rear parking lot, is permitted. This sign may be
either wall-mounted or free standing on the rear facade, but shall be limited to
three square feet in area.
M. In addition to other signage, restaurants and cafes shall be permitted the
following, limited to one sign per business establishment:
.
(1)
A wall-mounted display featuring the actual menu as used at the dining
table, to be contained within a shallow wood or metal case, and clearly
visible through a glass front. The display case shall be attached to the
building wall, next to the main entrance, at a height of approximately five
feet, shall not exceed a total area of two square feet, and may be lighted.
(2) A sandwich board sign, as follows:
(a) The area of the signboard, single-sided, shall not exceed five
square feet.
(b) The signboard shall be constructed of wood, chalkboard, and/or
finished metal.
(c) Letters can be painted or handwritten.
(d) The sign shall be located within four feet of the main entrance to
the business and its location shall not interfere with pedestrian or
vehicular circulation.
(e) The sign shall be removed at the end of the business day.
(3) In the PeriDheral Retail Area onlv. a menu si!!n with a maximum si!!n area
of 16 SQuare feet and a maximum hei!!ht of six feet for a !!round silm.
N.
A home-based office is permitted one sign provided it complies with the
requirements of Section 6.2(F).
.
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O.
If historically appropriate to the type of business conducted or the architectural
style of the buildin!! in which the business is located, a retail business may display
in windows frontin!! a street an illuminated window sign in addition to other
permitted signs provided the sign area of each si!!Il does not exceed---tefl1 0 square
feet in the Villa!!e Center and 20 SQuare feet in the Perioheral Retail Area. Neon
si!!ns are oennitted as an illuminated window si!!n.
18.4. Permitted Other Signs:
A. Signs permitted under Sections 25.7.02-3, 25.7.02-5, 25.7.02-6, 25.7.03-4,
25.7.03-5,25.7.03-6 and 25.7.04 ofthe Sign Ordinance.
B. One identification sign at each entrance to (i) the District, (ii) a designated
neighborhood within the District, (iii) an attached or vertical dwelling
project containing more than six units in not less than two buildings, aad-(iv)
an apartment house, and (v) the Perioheral Retail Area. provided the following
standards are met:
(1)
The design of the sign for any attached or vertical dwelling project or
apartment house shall be consistent with the architectural style of the
project or apartment house to which it relates.
(2) The maximum sign area shall not exceed mO square feet.
(3) The area surrounding the sign shall be appropriately landscaped III
accordance with the requirements of Section 19.
(4) The sign may be illuminated.
(5) Matching signs which border either side of one entrance shall be treated as
one sign, but both sign faces shall be used to calculate the total sign area.
~ The identification si!!ns for the Perioheral Retail Area may contain the
names of occuoants of buildin!!s located in the Perioheral Retail Area
Dfovided that. unless otherwise aODfoved bv the Commission: (i) the names
of the occuoants are all in the same size letters and font and (ii) the letter
size does not exceed 12 inches.
(7) An identification si!!n may be installed at only one of the two entrances to
the Perioheral Retail Area from 131 st Street.
c.
Traffic directional signs.
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D.
One development sign at each entrance to the District and each designated
neighborhood thereof, provided the following standards are met:
.
(1) The maximum sign area shall be 64 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may not be illuminated.
(4) The sign shall be removed when 90 percent of the lots in the area to which
the sign relates have been sold.
E. One construction sign for each street frontage of a lot upon which construction
(other than construction of a detached dwelling) is in progress, provided the
following standards are met:
(1)
(2)
(3)
. (4)
(5)
The maximum sign area shall be 32 square feet.
The maximum height of each sign shall be eight feet.
The sign may not be illuminated.
The sign shall be removed within seven days after the beginning of the
intended use of the building.
Sign copy shall be limited to identification of the building, architects,
engineers, contractors and other persons involved with the construction,
but shall not include any advertising or product other than a rendering of
the building being constructed.
F. Signs depicting the site plan of the District assuming completion of development
in accordance with the Development Plan and indicating the location within the
District of the person viewing the sign, provided the following standards are met:
(1) The maximum sign area shall be 30 square feet.
(2) The maximum height shall be eight feet.
(3) Site plan signage within the Primary Area and in open and recreational
space may be illuminated; elsewhere in the District, illumination is not
permitted.
(4) Site plan signage shall be removed from the Secondary Area when 90
percent of the lots have been sold.
.
Paae 50 of 72
G. Signs containing a rendering of one or more buildings expected to be constructed
. on the lot, provided the following standards are met:
(1) The maximum sign area shall be 32 square feet.
(2) The maximum height of each sign shall be eight feet.
(3) The sign may be illuminated.
(4) One sign will be permitted for each street frontage of the lot upon which
construction of the depicted building is contemplated.
(5) Unless otherwise agreed by the Commission, the sign shall be removed
not later than 36 months following installation thereof unless construction
of the building has commenced prior to that date and, if construction
commences, the sign shall be removed within seven days after the
beginning of the intended use of the building.
(6) Sign copy shall be limited to a rendering of the proposed building and
information relating to the intended construction, availability and use
thereof.
. H. Real estate sales and leasing signs, provided the following standards are met:
(1) The maximum sign area shall be 20 square feet.
(2) The maximum height of the sign shall be eight feet.
(3) Limited to one sign for each street frontage of the lot, with no more than
two sign faces per sign.
(4) The sign may not be illuminated.
(5) Sign copy shall be limited to announcement of the sale, rental or lease of
the premises and shall contain no advertising or promotional material
other than to indicate the party listing the property for sale or lease.
(6) Signs for detached dwellings and commercial structures shall be removed
within seven days after the date the unit is leased, sold or occupied.
(7) With respect to attached dwellings and apartment houses, when 80% of
the dwellings are leased, sold or occupied, real estate signs are limited to a
ground sign, a wall sign or a window sign of six square feet or less.
. I. One (1) Qeneral identification si!m for the Perioheral Retail Area. orovided the
followinQ standards are met:
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(1)
The maximum si!!I1 area shall not exceed 75 sauare feet.
(2) The desiQ:n of the siQ:n shall be comDatible with identification siQ:naQ:e
elsewhere in the District.
(3) The area surroundinQ: the si!!I1 shall be aDDfoDriatelv landscaDed III
accordance with the reauirements of Section 19.
(4) The siQ:n shall contain onlv the words. "WestClav UD Town."
(5) The siQ:n shall be located at the southwest corner of 131 st and Towne
Road.
(6) The siQ:n mav be illuminated at niQ:ht.
II. Signs approved by the Commission are permitted in the District in addition to the
signs specifically authorized in this Ordinance.
18.5. Design Standards for Signs:
A.
Signs affixed to the exterior of a building shall be architecturally compatible with
the style, composition, materials, colors, and details of the building, as well as
with other signs used on the building.
B. Sign colors should be compatible with the colors of the building facade.
C. Signs shall not interfere with vision clearance and shall comply with the
requirements of Section ~ 10.10.
D. BackliQ:htinQ: of si!!I1s is Dermitted onlv in the PeriDheral Retail Area.
18.6. Premises Identification:
A. The assigned premises identification of a building shall be displayed in such a
manner so that the numerals can readily be seen from the street. Identification
shall be displayed on the building, on or near the main entrance door, or displayed
on a mailbox near the street in such a manner as they identify its corresponding
building.
B. Any dwelling or commercial building that abuts an alley or secondary access that
could be used by motor vehicles must not only display the premises identification
on the front, but shall also display its premises identification visible from the
alternate access to the property.
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c.
When numerals representing premises identification are removed or become
illegible, such numerals shall be renewed or replaced by the owner or occupant of
the building.
18.7. Sign maintenance: All signs and sign structures shall be kept and maintained in good
repair and in a safe condition.
18.8. Permit Procedures: Division VI of the Sign Ordinance shall apply to signs in the District.
Section 19. Landscaping.
19.1. Landscaping shall be required in the Primary Area in accordance with the Landscape
Plan. All areas of a site within the Village Center not occupied by buildings, parking lots, other
improvements or paving shall be planted with trees, shrubs, hedges, ground covers, and/or
grasses, unless such area consists of attractive existing vegetation to be retained, as depicted on
the Landscape
Perennials and annuals are encouraged.
19 .1.1. LandscaDin2: in the PeriDheral Retail Area shall conform to the LandscaDe Plan and
Section 16.15 of this Ordinance. In addition. the followin2: reQuirements shall aDDlv:
A.
Foundation Dlantin2:s shall be included alon2: the sides of a buildin2: exceDt (a) the
front or side if the sidewalk extends to the face of the buildin2: and (b) that Dart of
the buildin2: where a drive-thru lane extends to the face of the buildin2:. The
minimum width of the Dlantin2: area shall be five feet.
B. ExceDt as otherwise Dfovided herein. side and rear vards shall be landscaoed in
comDliance with the minimum reQuirements for buffer vard "A" set forth in
Section 26.04.05 of the Zonin2: Ordinance.
C. The landscaDin2: standards set forth in Dara2:raohs 1 (exceDt to the extent
inconsistent with subsection B above). 2 and 4 of Section 23C.1O.03 of the
Zonin2: Ordinance shall aODlv to buildin2: sites.
D. The installation and maintenance reQuirements set forth in Section 23C.10.04 of
the Zonin2: Ordinance shall aDDlv to buildin2: sites.
19.2. Landscaping shall be integrated with other functional and ornamental site design
elements, where appropriate, such as recreational facilities, ground paving materials, paths and
walkways, fountains or other water features, trellises, pergolas, gazebos, fences, walls, street
furniture, art, and sculpture.
19.3. Plant suitability, maintenance, and compatibility with site and construction features are
critical factors which should be considered. Plantings should be designed with repetition,
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structured patterns, and complimentary textures and colors, and should reinforce the overall
character of the area.
19.4. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or
other debris shall be removed from the Development and disposed of in accordance with
applicable law. No tree stumps, portions of tree trunks, or limbs shall be buried anywhere in the
Development. All dead or dying trees, standing or fallen, shall be removed from the
Development. If trees and limbs are reduced to chips, they may be used as mulch in landscaped
areas. Areas which are to remain as undeveloped open space shall be cleaned of all debris and
shall remain in their natural state.
19.5. Specimen trees not within a right-of-way, drive or 20 feet of the building footprint after
grading shall be protected and preserved. No material or temporary soil deposits shall be placed
within four feet of shrubs or within two feet of the drip line of trees designated to be retained.
Protective barriers or tree wells shall be installed around each plant and/or group of plants at the
drip line that are to be retained. Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. Barriers, such as snow fences, shall be a minimum of four feet high
and constructed of a durable material that will last until construction is completed.
19.6. Landscaping of the area of all cuts, fills, and/or terraces shall be sufficient to prevent
erosion, and all roadway slopes steeper that one foot vertically to three horizontally shall be
planted with ground covers appropriate for the purpose, soil conditions, water availability, and
environment.
19.7. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall
have at least a two and one-half-inch caliper and eight foot height at the time of planting unless
otherwise specified herein or otherwise indicated on the Landscape Plan. EvergreenExceDt as
otherwise Drovided herein. ever2:reen trees shall be a minimum of three to four feet high at the
time of planting. Shrubs and shrubs shall be two 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 condition. Plant
material shall be nursery grown stock conforming to ANSI Z60.1 (American Standard for
Nursery Stock). No street trees in public rights of way or in common areas in the Village Center
shall be topped, tipped, or deformed; provided, however, that the foregoing shall not restrict
trimming such as that required by the Carmel Street Tree Regulations or trimming that may be
done in the common areas for aesthetic reasons or to avoid interference with utilitv lines and
facilities.
19.8. Within one year from the time of planting, all dead or dying plants in tree lawns or open
space, installed new, transplanted, or designated as existing trees to be retained on the Landscape
Plan, shall be replaced by the Developer or the lot owner. Trees or other vegetation in tree lawns
or open space which die after the first year shall be replaced by the Owners Association or the lot
owner.
19.9. Tree spacing, unless otherwise provided in this Ordinance, shall be determined by species
type. Large maturing trees shall be planted a minimum of 30 feet and a maximum of 50 feet on
Paae 54 of 72
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center. Small maturing trees shall be planted a minimum of 10 feet and a maximum of 30 feet on
center.
19.10. Large maturing trees shall generally be planted along residential streets and along the
street frontages and perimeter of community area and parking lots.
19.11. Small maturing trees shall generally be planted along non-residential streets and the
interior portions of community area.
19.12. Shade trees shall be provided along each side of all streets in the District other than alleys
and passages. In locations where healthy and mature shade trees currently exist, new trees are
not required. The Developer shall be responsible for the provision of shade trees along the
principal streets and within open spaces abutting streets in the District. Each lot owner shall be
responsible for the provision of shade trees in the designated tree lawn upon or adjacent to the
owner's lot except to the extent the Developer has provided such trees.
19.12.1. Small maturin2: trees mav be Dlanted in the medians of streets.
19.13. Street trees of a similar species should generally be grouped together and not intermixed
with trees of another species. Not more than 20 trees of the same species shall be planted in a
linear row or contained grouping except as otherwise indicated on the Landscape Plan. The trees
listed on Exhibit C shall not be planted in the District. No single species shall make up more than
15% of the total street tree population within each of the following areas: south of 131st Street
and east of Towne Road; north of 131st Street; and west of Towne Road.
.
19.14. Garbage collection, recycling areas, and other utility areas in the Village Center and the
PeriDheral Retail Area shall be screened around their perimeter by wood enclosures or by brick
walls, with a minimum height of seven feet, and shall extend on three sides of such an area, with
a wood gate or door on the fourth side. A landscaped planting strip a minimum of three feet
wide shall be located on three sides of such a facility. Planting material shall be separated from
the parking lots by appropriate curbing, but shall have ramp access to such facility for vehicles
and carts. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be
planted; the area between trees shall be planted with shrubs or ground cover, or covered with
mulch, decorative stone or other suitable materials.
Section 20. Detention and Retention Basins.
DetentionThe Derimeter of detention and retention basins shall be landscaDed. Headwalls,
concrete flow channels, and rip rap channels, and other drainage
shall be screened with plant material and/or berms.
Section 21. Lh!htinl!.
. 21.1. Street lights shall be decorative and consistent with the Development Plan.
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21.2. Along all commercial streets, parking areas, sidewalks, walkways, courtyards, and
community area in the Village Center, decorative lamp posts shall be provided at regular
intervals. Except as otherwise provided in Section 21.3, lamp posts shall not exceed 14 feet in
height and shall be spaced at no greater than 80 feet on center on both sides of a street. If
installed, lighting on residential streets may be confined to the intersections and comers. Light
poles and fixtures utilized in the District shall complement the predominant architectural theme
of the area where used.
21.3. In parking lots, post heights may be extended to a maximum of 20 feet.
21.4. Porch light and yard post lighting shall be incorporated into the street lighting design.
21.5. Dusk to dawn alley lighting shall be provided by lot owners on all garages fronting alleys
or on poles adjacent to parking areas.
21.6. No accessory lighting on any lot shall cause illumination at or beyond the lot line in
excess of 0.1 footcandles of light.
21.7. 21.7. Lighting of basketball and tennis court areas shall not create more than 5
footcandles of light 25 feet from the perimeter of the court.
21.8. Li2:htin2: in the Perioheral Retail Area shall comolv with the reauirements of Section
23C.12 Band C of the Zonin2: Ordinance.
21.9. Li2:htin2: in the Perioheral Retail Area oarkin2: lots shall be desi2:ned and maintained so
that it is reduced to the minimum amount reasonablv reauired for securitv oumoses
durin2: the hours that retail establishments are not ooen for business.
Section 22. Fences and Walls.
22.1. Open wire mesh fences surrounding tennis courts may be erected to a height of 16 feet, if
such fences only enclose a regulation court area and standard apron areas.
22.2. Fences or walls enclosing (i) open, civic or recreational space or buildings, (ii) a
commercial lot efor (itiii) a commercial structure may not exceed a height of 10 feet.
22.3. Fences and walls shall be measured from the topmost point thereof to the ground adjacent
to the fence or wall; provided, however, that decorative caps or spires which extend above the
highest horizontal member of a fence or the top of a wall shall not be included in the
measurement of height.
22.4. Any fence placed upon an erected earth berm or masonry wall must govern its height as
measured to the ground adjacent to said earth berm or wall.
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22.5. No fence or wall shall be constructed within a drainage easement so as to obstruct the
flow of water therein.
22.6. With respect to single-family residential structures (i) fences or walls in the front yard
shall not be more than five feet high, provided that entranceway and lot comers may be
articulated with larger (taller and fatter) posts or other embellishments, (ii) fencing may not
exceed six feet in height along rear and side yard lines and (iii) patio enclosures located in the
pennitted building area of the lot may not exceed nine feet in height; if not so located, the
maximum height of patio enclosures is six feet.
Section 23. Plattin2 and Installation of Improvements.
23.1. The Development Plan, having incorporated preliminary plats for the Primary--;m4~ the
Secondary and the PeriDheral Retail Areas conforming to the requirements of Section 5.0 of the
Subdivision Control Ordinance, shall constitute an approved preliminary plat of the Primary-aHd~
the Secondary and PeriDheral Retail Areas for all purposes of the Subdivision Control Ordinance.
23.2. Only those terms of the Subdivision Control Ordinance expressly referred to herein shall
govern development in the District. To the extent of any inconsistency between the terms of this
Ordinance and the terms of the Subdivision Control Ordinance, the terms of this Ordinance shall
govern.
23.3. In the course of development within the District, the Developer shall comply with the
requirements of Section 5.4 of the Subdivision Control Ordinance. Except for subsection 5.5.1,
the provisions of Section 5.5 of the Subdivision Control Ordinance shall not be applicable to
final plats filed with respect to land in the District if the final plat substantially conforms to the
Development Plan.
23.4. In the course of development within the District, the Developer shall comply with the
requirements of Sections 5.6, 5.7, 8.2, 8.3 (subject to the provisions of Section 10 of this
Ordinance), 8.4, 8.5, 8.7 and 9.0 of the Subdivision Control Ordinance.
23.5. The Development may be platted in phases.
23.6. The Developer shall commence construction of the initial phase of the Development
within two years following the effective date of this Ordinance.
23.7. Upon providing such performance guarantees as may be required by Section 5.7.1 of the
Subdivision Control Ordinance, the Developer may commence construction of improvements in
the District at any time after the Development Plan is recorded; provided, however, that no
residential lot may be conveyed to a third person until a final plat depicting such lot has been
approved pursuant to this Section 23, and recorded.
23.8. The size, configuration and number of lots in a block shown on a final plat may vary
from the size, configuration and number of lots shown on the Development Plan.
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23.9. Title to less than all of a lot may be conveyed for the purpose of establishing a building
site provided that the aggregate number of building sites in a block may not exceed the number
of lots in such block depicted on the final plat.
23.10. Title to portions of a Village Center Block or the Perioheral Retail Area may be conveyed
by a metes and bounds survey description as long as such portion complies with the area and
bulk regulations of Section 15 with respect to the intended use of such portion.
23.11. Grading, filling, excavating or any change in the grade of any property is permitted, but
shall not be detrimental to surrounding properties in appearance or in the diversion of
stormwater.
23.12. Temporary construction facilities are permitted to remain on a job site during all phases
of construction and must be removed within 30 days following the issuance of a certificate of
occupancy. No permit is necessary for temporary construction facilities except where
permanently connected to water and sewer utilities.
Section 24. Certification and Recordation of the Development Plan.
24.1. Within 30 days following adoption of this Ordinance, the Director of the Department
shall sign a mylar copy of the Development Plan, and deliver the signed Development Plan to the
Developer.
24.2. The Developer shall record the signed Development Plan in the Office of the Recorder of
Hamilton County, Indiana, within 60 days following receipt of the signed Development Plan
from the Commission, and shall deliver a copy of the recorded Development Plan to the
Department. The Recorder shall return the originally recorded Development Plan to the
Department.
24.3. Approved modifications of the Development Plan shall be recorded by the Developer in
the Office of the Recorder of Hamilton County, Indiana, within 60 days following the approval
of such modification. Subsequent to recordation, the Developer shall deliver a copy of the
recorded modification to the Department.
Section 25. Improvement Location Permits.
25.1. Prior to commencement of construction et1n the Primary Area of a mixed-use structure. a
commercial structure, an apartment house~ efaD. attached dwelling (other than a duolex). a
vertical dwellimr or a senior housimr facilitv containin!! a !!ross floor area in the Districtexcess of
10.000 sauare feet (exclusive of any such structureof the fore!!oin!! structures the elevations of
which are included in the Development Plan), architectural plans, elevations, site plan and
landscaping plan for the proposed structure shall be presented to the Department as part of the
improvement location permit application. If the Department reasonably believes that the
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proposed structure does not comply with the Development Requirements and the Design
Vocabulary, then the Department shall decline to issue an improvement location permit and, if
the applicant fails to make such revisions as the Department may deem necessary for
compliance, the Department shall promptly refer the application to the Commission for a
determination at its next meeting of compliance or non-compliance with the Development
Requirements and Design Vocabulary. The Department shall specifically detail in writing the
basis for its belief that the proposed structure does not comply with the Development
Requirements or Design Vocabulary. The Commission shall either approve, disapprove or
approve subject to conditions the referred application after affording the applicant an opportunity
to address the objections of the Department.
Section 26. Filinl! Fees.
The provisions of Division VIII of the Zoning Ordinance, to the extent applicable, shall apply to
development in the District.
Section 27. Commission Consents or Approvals.
27.1. Where the consent or approval of the Commission is required pursuant to the provisions
of this Ordinance, the request for such approval or consent shall be deemed a modification of the
Development Requirements and shall be processed in accordance with the provisions of Section
4.
27.2. In considering whether to grant its consent or approval, the Commission shall apply the
criteria set forth in Section 4.3.
Paae 59 of 72
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PASSED by the Common Council of the City of Carmel, Indiana, this day of
, ~2004. by a vote of _ ayes and _ nays.
COMMON COUNCIL roROF THE CITY OF CARMEL
Presiding Officer
'\Vayne 'Nilson Kevin Kirbv
Ronald E. Carter, President Pro TemDore
Brian D. Mavo
John R. Koyen
Robert Battreall
Fredrick J. Glaser
Mark Rattermann
JoseDh e. Griffiths
Richard L. Sham
ATTEST:
Diana L. Cordray, IAMe. Clerk-Treasurer
Paae 60 of 72
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Presented by me to the Mayor of the City of Carmel, Indiana on the
, dav of ~ 2004.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this
~ davof . 2004.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, Clerk-Treasurer
Paae 61 of 72
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EXHIBIT A
Paae 62 of 72
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North 53
of 152.93 feet; thence
d UTest 11 distance
on s "
. tes 57 sec
~9 mmu
h 89 degrees
Nort
Paae 63 of 72
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information and! or prior surveys of the subject premises or its parent. Said real estate is
described in 11 perimeter survey prepared by The Schneider Corporation as
follows:Village of WestClay
Land Description
The Southwest quarter of Section 28, part of the Southeast quarter of Section 29 and part of the
Northwest and Southwest quarters of Section 33 all in Township 18 North, Range 3 East of
Hamilton County, Indiana, and being described as follows:
Beginning at the Northeast comer of the Southwest quarter of said Section 28; thence on an
assumed bearing of South 00 degrees 01 minutes 09 seconds West along the East line of said
Southwest quarter a distance of
said Section 33; thence South 00 degrees 20 minutes 16 seconds East along the East line of the
Northwest quarter of Section 33 a distance of 2632.10 feet to the Southeast comer thereof;
thence South 00 degrees 23 minutes 56 seconds East along the East line of the Southwest quarter
of said Section 33 a distance of 490.67 feet; thence South 89 degrees 20 minutes 46 seconds
West parallel with the North line of said Southwest quarter a distance of 1331.44 feet to the West
line of the East half of said Southwest quarter; thence North 00 degrees 25 minutes 30 seconds
West along said West line a distance of 442.67 feet to a point distant 48.00 feet South from the
Northwest comer of said half-quarter; thence South 89 degrees 20 minutes 46 seconds West
parallel with the North line of said Southwest quarter a distance of 1331.64 feet to the West line
of said Southwest quarter; thence North 00 degrees 27 minutes 03 seconds West along said West
line a distance of 48.00 feet to the Northwest comer of said Southwest quarter; thence North 00
degrees 27 minutes 13 seconds West along the West line of the Northwest quarter of Section 33
a distance of 1281.55 feet; thence North 89 degrees 20 minutes 46 seconds East parallel with the
South line of said Northwest quarter a distance of 1332.95 feet to the West line of the East half
of said Northwest quarter; thence North 00 degrees 23 minutes 44 seconds West along said West
line a distance of 1348.18 feet to the Northwest comer thereof; thence South 89 degrees 14
minutes 42 seconds West along the South line of the Southwest quarter of Section 28 a distance
of 1334.33 feet to the southwest comer thereof; thence South 88 degrees 51 minutes 10 seconds
West along the South line of the Southeast quarter of Section 29 a distance of 1351.40 feet to a
point hereinafter referred to as :Point A::; thence North 01 degrees 08 minutes 50 seconds West a
distance of 8.00 feet; thence North 52 degrees 30 minutes 24 seconds East a distance of 14.45
feet; thence North 22 degrees 52 minutes 44 seconds East a distance of 27.27 feet; thence North
Paae 64 of 72
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00 degrees 36 minutes 26 seconds West a distance of 1453.10 feet; thence South 89 degrees 13
minutes 03 seconds West a distance of 107.69 feet; thence North 00 degrees 00 minutes 53
seconds West a distance of 1138.44 feet to the North line of said Southeast quarter; thence North
89 degrees 13 minutes 03 seconds East along said North line a distance of 1443.58 feet to the
Northeast comer thereof; thence North 89 degrees 14 minutes 59 seconds East along the North
line of the Southwest quarter of Section 28 a distance of 2678.68 feet to the Point of Beginning.
Containin2: 380.683 acres. more or less.
Also. Dart of the Southeast Quarter of said Section 29 bein2: described as follows:
Commencim! at the aforesaid "Point A" on the South line of said Southeast Quarter: thence
South 88 de2:rees 51 minutes 10 seconds West alon2: said South line a distance of 627.23 feet to
the Point of Be!!innin!! at the Southwest comer of the land described in a deed to Wendy
Fortune (Instrument Number 8915090. Office of the Recorder of Hamilton County. Indiana):
thence continuin2: South 88 de2:rees 51 minutes 10 seconds West alon2: said South line a distance
of 668.05 feet to the Southwest comer of said Southeast Quarter: thence North 00 de2:rees 24
minutes 33 seconds West alon2: the West line of said Southeast Quarter a distance of 1437.39 feet
to a Doint distant 1203.96 feet South of the Northeast comer thereof: thence North 88 de2:rees 29
minutes 35 seconds East a distance of 658.94 feet to a westerly comer of the aforesaid Fortune
tract: thence South 00 de2:rees 46 minutes 26 seconds East alon2: the West line thereof a distance
of 1441.43 feet to the Point of Beginnin!!. Containin2: 21.923 acres. more or less.
Also, Part of the Northwest and the Northeast Quarters of Section 28, Township 18 North, Range
3 East of the Second Principal Meridian, Hamilton County. Indiana. and bein2: described as
follows:
Beginning at a railroad spike at the southwest comer of the east half of the northwest quarter;
thence North 00 degrees 00 minutes 08 seconds West along the west line of said half quarter
2631.74 to the northwest comer thereof; thence North 89 degrees 15 minutes 26 seconds East
along the north line of the Northwest Quarter 693.79 feet to a railroad spike at the northwest
comer of a tract of land described in a deed to Stumm, et aI, and recorded as instrument number
9601331 in the Office of the Recorder of Hamilton County; thence South 00 degrees 02 minutes
24 seconds East along the west line thereof and along the west line of a tract of land described in
a deed to Smith, recorded in Deed Book 154 page 17 a distance of 660.00 feet to a 5/8"x30"
rebar with yellow plastic cap marked "SCHNEIDER ENG FIRM #0001" (hereinafter referred to
as "REBAR/CAP") at the southwest comer of said Smith tract; thence North 89 degrees 15
minutes 26 seconds East along the south line thereof and along the south line of a tract of land
described in a deed to Toll, recorded in Deed Book 310 page 838 a distance of 594.00 to a
REBAR/CAP at the southeast comer of said Toll tract; thence North 00 degrees 02 minutes 24
seconds West along the east line thereof 329.99 feet to a REBAR/CAP on the westerly extension
of the south line of a tract of land described in a deed to Sullivan, recorded in Deed Book 327
page 646; thence North 89 degrees 14 minutes 34 seconds East along said extension and said
south line 211.43 to a REBAR/CAP at the southeast comer thereof; thence North 00 degrees 03
minutes 50 seconds West along the east line thereof 330.00 feet to a railroad spike on the north
line of the Northeast Quarter; thence North 89 degrees 14 minutes 34 seconds East along said
Paae 65 of 72
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north line 120.00 feet to a railroad spike at the northwest corner of a tract of land described in a
deed to Stumm, recorded in Deed Book 281 page 412; thence South 00 degrees 03 minutes 50
seconds East along the west line thereof 330.00 feet to a REBAR/CAP at the southwest corner
thereof; thence North 89 degrees 14 minutes 34 seconds East parallel with the north line ofthe
Northeast Quarter 1056.00 feet to the southeast corner of a tract of land described in a deed to
Frederick, recorded as instrument number 9545201, and on the east line of the west half of the
Northeast Quarter; thence South 00 degrees 03 minutes 50 seconds East along said east line
2030.77 feet to the northeast corner of a tract of land described in a deed to Lasher, recorded as
instrument number 9213826; thence South 89 degrees 15 minutes 12 seconds West along the
north line thereof 130.00 feet to a REBAR/CAP at the northwest corner thereof; thence South 00
degrees 03 minutes 50 seconds East along the west line of said Lasher tract 271.00 feet to a
railroad spike on the south line of the Northeast Quarter; thence South 89 degrees 15 minutes 12
seconds West along the south line of said quarter 365.00 feet to the a railroad spike at the
southeast corner of a tract of land described in a deed to Frank, recorded in Deed Book 163 page
280; thence North 00 degrees 04 minutes 33 seconds West 330.00 feet to the southeast corner of
a tract of land described in a deed to Pierson, recorded as instrument number 9364918; thence
North 01 degrees 13 minutes 35 seconds East along the east line thereof 60.44 feet to a
REBAR/CAP, thence the following thirteen (13) courses along the lines of said tract, nine (9) of
which are also along Elliott Creek; (1) North 27 degrees 36 minutes 44 seconds West 177.33
feet; (2) North 17 degrees 26 minutes 49 seconds West 57.75 feet; (3) North 06 degrees 33
minutes 38 seconds East 59.39 feet; (4) North 88 degrees 53 minutes 52 seconds West 380.61
feet; (5) North 54 degrees 23 minutes 18 seconds West 158.25 feet; (6) North 32 degrees 36
minutes 31 seconds West 96.43 feet; (7) North 08 degrees 48 minutes 39 seconds West 159.88
feet; (8) North 36 degrees 36 minutes 53 seconds West 43.86 feet; (9) North 56 degrees 59
minutes 39 seconds West 141.03 feet; (10) South 00 degrees 49 minutes 57 seconds East 725.49
feet; (11) South 73 degrees 29 minutes 19 seconds East 139.54 feet; (12) North 89 degrees 15
minutes 15 seconds East 50.00 feet; (13) South 01 degrees 00 minutes 58 seconds East 356.12
feet to a railroad spike on the south line of the Northeast Quarter; thence South 89 degrees 15
minutes 12 seconds West along the south line thereof 222.21 feet to a Stone in two boxes 1.2 feet
down at the southwest corner of the Northeast Quarter; thence South 89 degrees 14 minutes 59
seconds West along the south line ofthe Northwest Quarter 1339.34 feet to the Point of
Beginning. Containin!! 130.021 acres. more or less.
Also, part'Part of the Southeast Quarter of-sttid Section ;W28. TownshiD 18 North. Ran!!e 3 East
of the Second PrinciDal Meridian in Hamilton County. Indiana. and being described as follows:
Commencing at the aforesaid Point A? on the South line of said Southeast quarter; thence South
88 degrees 51 minutes 10 seconds 'Vest along said South line a distance of 627.23 feet to the
Point of Beginning at the Southwest corner of the land described in a deed to Wendy Fortune
(Instrument Number 8915090, Qffice of the Recorder of Hamilton County, Indiana); thence
continuing South 88 degrees 51 minutes 10 seconds West along said South line a distance of
668.05 feet to the Southvlest corner of said Southeast quarter; thence North 00 degrees 24
minutes 33 seconds West along the \Vest line of said Southeast quarter a distance of 1137.39said
Southeast Quarter: thence North 89 de!!rees 23 minutes 24 seconds East alon!! the south line
thereof a distance of 2672.38 feet to the southeast corner thereof: thence North 00 de!!rees 07
minutes 17 seconds East alon!! the east line of said Southeast Quarter a distance of 2630.92 feet
PaGe 66 of 72
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to the Northeast corner thereof: thence South 89 dellrees 15 minutes 12 seconds West alonll the
north line of said Southeast Quarter a distance of 2069.03 feet to a point distant 1203.96 feet
South of the Northeast corner thereof; thence North 88 degrees 29 minutes 35 seconds East a
distance of 658.94 feet to a "'/ested)' corner of the aforesaid Fortune tract; thence South 00
degrees 16 minutes 26 seconds East along the 'Nest line thereof a distance of 1441.13 feet to the
Point of Beginning. 608.11 feet east from the northwest corner of said Southeast Quarter: thence
South 00 de2:rees 15 minutes 45 seconds West a distance of 506.25 feet: thence South 89 de2:rees
29 minutes 11 seconds West a distance of 605.89 feet to the west line of said Southeast Quarter:
thence South 00 de2:rees 01 minutes 11 seconds West alon2: said west line a distance of 2120.73
feet to the Point of Be1!innin1!. Containin2: 154.34 acres. more or less.
Also. Part of the Southeast Quarter ofthe Northeast Quarter of Section 29. Townshio 18 North.
Ran2:e 3 East in Clay Townshio. Hamilton County. Indiana. and bein2: described as follows:
Be1!innin1! at the Southeast corner of the Northeast Quarter of Section 29. Townshio 18 North.
Ran2:e 3 East. thence South 89 de2:rees 13 minutes 03 seconds West (assumed bearin2:) alon2: the
south line of the Southeast Quarter of said Northeast Quarter a distance of 1328.06 feet to the
Southwest corner thereof. thence North 00 de2:rees 13 minutes 45 seconds West alon2: the west
line of said Quarter Quarter a distance of 985.83 feet: thence North 89 de2:rees 12 minutes 53
seconds East oarallel with the north line of said Quarter Quarter: a distance of 1332.61 feet: to
the east line of said Quarter Quarter. thence South 00 de2:rees 02 minutes 07 seconds West alon2:
said east line of said Quarter Quarter a distance of 985.95 feet to the Point of be1!innin1!.
containin2: 30.107 acres. more or less.
Containin1!. in all. 717.074 acres. more or less.
Paae 67 of 72
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PaGe 68 of 72
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EXHIBIT B
A part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East, of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly
described as follows:
Commencing at the Southeast comer of said Southeast Quarter Section; thence South 88 degrees
51 minutes 10 seconds West along the south line of said Southeast Quarter Section a distance of
1978.63 feet to the Point of Beginning at the southwesterly comer of a tract of land as described
in a Quitclaim Deed to Wendy M. Fortune recorded as Instrument Number 8915090 in the Office
of the Recorder of said County; thence continuing South 88 degrees 51 minutes 10 seconds West
along said south line a distance of 668.05 feet to the Southwest comer of said Southeast Quarter
Section; thence North 00 degrees 24 minutes 33 seconds West along the west line of said
Southeast Quarter Section a distance of 1437.39 feet to the southwesterly comer of a tract of land
as described in a Quitclaim Deed to John A. Smith and Donna L. Anderson recorded as
Instrument Number 9360403; thence North 88 degrees 29 minutes 35 seconds East along the
southerly line of said Smith-Anderson tract and the extension thereof a distance of 658.94 feet to
a northwesterly comer of the aforesaid Fortune tract; thence South 00 degrees 46 minutes 26
seconds East along the westerly line of said Fortune tract a distance of 1441.43 feet to the Point
of Beginning. Containing 21.923 acres, more or less.
Paae 69 of 72
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EXHIBIT C
Deciduous and Evergreen Trees Not Permitted:
Botanical Name (Common Name)
Acer Negundo (Box Elder)
Acer Saccharinum (Silver Maple)
Ailanthus Altissima (Tree of Heaven)
Asimina Triloba (Pawpaw)
Betula Papyrifera (Canoe Birch)
Betula Pendula (European Birch)
Carya Ovata (Shagbark Hickory)
Elaegnus Angustifolia (Russian Olive)
Fraxinus Species (Ash) 2
Ginkgo Biloba (Ginkgo) 3
Gleditsia Triacanthos (Honey Locust) 1
Juniperus Scopulorum (Western Red Cedar)
Juniperus Virginiana (Eastern Red Cedar) 4
Malus Species (Flowering Crabapples) 5
Morus Species (Mulberry)
Pinus Banksiana (Jack Pine)
Pinus Sylvestris (Scotch Pine)
Populus Species (Poplar)
Prunus Cerasifera (Cherry Plum)
Prunus Serotina (Wild Cherry)
Ptelea Trifoliata (Wafer Ash)
Rhamus Species (Buckthorn)
Robina Pseudoacacia (Black Locust)
Sorb us Species (Mountain Ash)
Evergreen and Deciduous Shrubs Not Permitted:
Botanical Name (Common Name)
Alnus Species (Alders)
Cephalanthus Occidentalis (Buttonbush)
Conicera Japonica (Japanese Honeysuckle)
Corontila Varia (Crown Vetch)
Corylus Species (Hazels)
Cotinus Coggygria (Smokebush)
Robina Hispida (Rose Acacia)
Rosa Multiflora (Multifora Rose)
Paae 70 of 72
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The plants listed above are considered poor and should not be used at this site. Each
plant listed either suffers from excessive insect problems (borers, aphids, etc.) thorns,
smell, fragility, undesirable fruit or other problems.
1. Fruiting and thorny varieties plus "shademaster", imperial, and "sunburst"
2. Seeding varieties only
3. Female only
4. Except for "canaertiil" variety
5. Only varieties highly susceptible to black spot, mites, rust, and fire blight
. INrJS01 rJRW 71::>48f\v1
Paae 71 of 72
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f Document com arison done b DeltaView on Thursda , November 11, 2004 16:51 :17
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iMana eDeskSite://1 Nil NDS01 /687846/1
iMana eDeskSite:I/IN/INDS01/712436/1
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I ~...u _ uu __u u mu u_ m 0___ uoo _ uo. _ _ _ u _ .u_m .wuo m _ u_ 00 ___ muu uo___ u 0 _.u. 0 m_ _uu_uouo m _ u _ _. _ _ ~ ~:::~:~ =~~~~:: ~::::: ::aft:
Deleted: Revised: 06/29/99~
VILLAGE OF WESTCLAY
. BUILDING GUIDELINES AND,
- REQUIREMENTS
FOR
COMMERCIAL CONSTRUCTION
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INTRODUCTION
The Village of WestClay ("WestClay") is a planned~ mixed-use community f5?!!!~J~!~~_.;.-_.--{ Deleted: consisting of
two, "(C:~~~~!_~!~) _ _ ~~~~~: _ _ _ _ (J) _ ,t~~ _ _~!! !~_g~ _ _~~~!~_~ _ _~~~_ _ {~) _ Jh ~ _ _ ~~}j_1? h ~_~~! _ _ ~~~,!-j! _ _ ~~~"y _ I~~_~~_",~ _ _ - - - - { Deleted: regulatory
commercial areas are demarcated on the WestClay Developn1ent PlaI\ and are referred to herein \~:::---
as the "Commercial Areas." __u________________________________-... '--:",
\\ '\
Deleted: a Primary Area
Deleted: a Secondary
Deleted: The commercial center of
WestClay is located in the Primary Area
and is referred to herein as "the ViJIage
Center. "
Deleted: .
Construction of (i) any building, fixture, equipn1ent, recreational facility, fence, wall,
patio, deck, parking area or other, structure on ,a lot, (ii) installation, of any plantings, other
landscaping or exterior lighting on a lot, (iii) installation or alteration of any signage on a lot, (iv)
the removal of any tree having a caliper in excess-bf 8 inches, or (v) any other activity subject to
Paragraph 6( c) of the Village Center Supplerpental Declaration of Covenants and Restrictions for
WestClay (the, "Village Center Supplemental Declaration") or Paragraph 6(c) of the Peripheral
Retail Area Supplen1ental, Declaration of Covenants' and Restrictions for WestClay (the
"Peripheral Retail Area' Supplemental Declaration") (all or any of the activities' spe~ified in the
preceding clauses (i) - (v) being referred to herein as "Building Activity") require the prior
written approval of the WestClay Design Review Board (the "Review Board") and must be
undertaken in compliance with the provisions of the WestClayVillage Planned Unit District
Zoning Ordinance (the "Zoning Ordinance"), Paragraph 6 of each of the Supplemental
p~~l_~~~~~~~~_ _ (~~f~_l!~~ _~~ _ h~~~~~~ _ ~~~~!h~T_~_ _ ~~ _ !h~_ _"~!-!1J}?}~1!!_~~_~~!_ _~~_<?!~~~!i~~_~'_') _~Q~_~~~_ _~l~~_,__.-.----{ Deleted: Declaration
regulations and guidelines adopted by the Review Board (the' Zoning Ordinance, Paragraph 6 of
the~~p.1?J_~~_t:?~~~! _~_~~)_a~~!i_~~~_ !!~~_ ~_l!~~_ ~1 ~~~ _~~~!~~~ ~~~ _ ~~~ _~~~~}_i!?~~_ ~~~g_ ~_qg~~J}~_~ _~~K~!!~~_ _ _ __ -.. - { Deleted: Declaration
to as the "Building Requirements").
THESE BUILDING REQUIREMENTS MAY BE MODIFIED BY BRENWICK OR
THE REVIEW BOARD AT ANY TIME.
DESIGN REVIEW BOARD
The Review Board is established pursuant to Paragraph 6 of the Supplemental
Declaration~ The purpose of the Review Board is to regulate the design, appearance~ use,
location and maintenance of the land and commercial buildings in the .,~~!!l_I!l~~~_(aL~_~~_~_~I!_~_':l~~__-.--.---{ Deleted: Village Center
a manner as to preserve and enhance values, maintain a' harmonious relationship among
structures, improvements and the natural environment, to, implement the development standards
and guidelines set forth in the Zoning Ordinance and to assu're compliance with the architectural
style and massing recommendations, building detail guidelines, listing, of ac'ceptable' materials
and colors, and landscape and streetscape details adopted ,by BRENWICK.
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LOT DEVELOPMENT PLAN
A "Lot Development Plan" consists of (i) a site plan prepared and stamped by a licensed
surveyor, engineer or architect, (ii) foundation plan and proposed finished floor elevations, (iii)
building, plans, including elevation of all facades and floor plans, (iv) n1aterial plans and
specifications, (v) landscaping plan, (vi) exterior lighting plan, (vii}tree preservation plan, and
(viii) all other data or infonnation that the Review Board may request with respect to any
Building Activity.
No construction may Commence in~_~~I!:!-!!~_~~!~l__~~~_~}_t~~~_t_~h~J~rt~~_~Jj_t.t_~~_'!PP!.'!~~J__-------{ Deleted: the Village Center
by the Review Board of a Lot Development Plan. Lot Development Plans must be submitted in
duplicate. The site plan included therewith n1ust include each of the items specified on the Plot
Plan Checklist attached as Appendix A. Faxed copies of site plans are not acceptable.
Lot Development Plans may be approved, disapproved or approved subject to conditions.
If approved, evidence of approval will be stamped on each copy of the Lot Development Plan
and one copy will be returned to the Owner or builder. If disapproved, written reasons for such
disapproval will be furnished the Owner or builder upon request. Lot Development Plans may
be approved subject to conditions noted ,on the Lot Development Plan. Owners and -their
builders are responsible for making any changes specified in the conditional approval or
otherwise taking such action as miybe nece~sary to satisfY the conditions to approval. Failure to
do so shall render invalid the approval of the Lot Development Plan.
All Building Activity must be undertaken in strict compliance with the approved Lot
Development Plan. Substantial penalties may be incurred by an Owner for failure to so comply,
including but not limited to a 'lienable -Architectural Control Assessment in the amount of $500
per day for each day the Owner is not in compliance. Owners are responsible for the Building
Activities of all contractors and subcontractors engaged by ,them or otherwise acting on their
behalf.
Owners, prospective purchasers and their builders are encouraged to submit preliminary
building plans to the Review Board for advice as,to whether such plans are likely to be approved.
Lot Development Plans should be delivered in duplicate to BRENWICK'at its offices at
,1?_?~ L ~?:~t _1-:1 ~~_ _~_a~~~!_ _$!_~<?~_t_,_ _$!!!!~ ?OQ t _ ~?:J!:1!~! t _ ~~.'!~~ _ :,!~Q ~ ~._.,I ~_~ _ Q Q) _ ~~~!~<?~_~ A~ X~ _ .'!~~_ _ _ _ _ _' -' ~:~:~~ 12722 Hamilton Crossing
generally required for review of a Lot Development Plan. " , "
ZONING ORDINANCE
The Zoning Ordinance includes specific Building Requirements that are not included in
these Guidelines. EACH OWNER IS EXPECTED TO REVIEW CAREFULLY THE
PROVISIONS OF THE ZONING ORDINANCE AND IS REQUIRED TO COMPLY IN
ALL RESPECTS THEREWITH.
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Deleted: Three tofive
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These Guidelines impose certain Building Requirements that are ll10re stringent than
required by the Zoning Ordinance. In all such circumstances, the requirements of these
Guidelines shall prevail.
GENERAL BUILDING REQUIREMENTS
Buildinf! Desif!"
The architectural design of all improvements to be located on the lot is subject to the
prior approval of the. Review Board. Only architectural styles designated by BRENWICK as
appropriate for the area in which the lot is located will be approved.
Exterior Colors and Materials
Exterior facade and roof colors and materials must be approved by the Review Board
prior to commencement of construction and must be consistent with the design of the building
and its thematic character. 'Chimneys must be fmished with masonry or synthetic' stucco.
Natural materials are encouraged; aluminum and vinyl siding are not\ pennitted. T -111 is
prohibited.
An exterior colors and materials sheet in the form of Appendix B must be submitted to
the Review Board as part of the Lot Development Plan.
Tree Preservation
Tree preservation plans must identify each tree on thje lot which has a caliper in excess of
8 inches measured at 4 to 5 feet above grade ("Significant Tree") and indicate which Significant
Trees, if any, are proposed to be removed in connection with Building Activity.
,
During Building Activity, adequate protective measures must be taken to mInImIze
damage to existing trees and other vegetation to be retained in accordance with the Tree
Preservation and Landscaping Plans. The builder shall ,make, every reasonable effort to protect
and retain existing trees, and shrubbery not actually lying in building foundation and driveway
sites and a. construction activity area equal to 20 feet around the building foundation and
driveway. No Significant Tree may be removed from the lot except for those shown on the Tree
Preservation ,Plan as intended for removal and which have been approved for removal by the
Review Board.
BRENWICK has planted ,large maturing shade trees ("Street Trees"), in tree lawns
abutting the principal streets and the common areas throughout~J.?~_Yn!~g~_~~..I?-!~~_~!!~_~g! 1?}_'!!1:~,__-------{ Deleted: WestClay.
or cause to be planted; such trees along the principal streets in the Peripheral Retail Area. Street
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Trees will, be maintained by the Village of W estClay ,Owners Association, but each Owner' is
responsible for replacement of any Street Tree(s) damaged as a consequence of Building Activity
on the .Owner's lot. If the Owner fails promptly to replace a damaged Street Tree with a
comparable one as directed by BRENWICK, then BRENWICK will do so and the lot will be
subject to a lien for all costs and expenses incurred in connection with su~h replacen1ent.
The following measures shall be followed by the builder to protect existing trees to be
retained on a lot, including Street Trees installed by BRENWICK:
(a) Prior to construction, tree protective barriers shall be placed around
all trees to be- saved and their root protection area(s), to prevent
damage to them. These barricades shall be installed prior to
grading, construction, or, other land disturbing activity. The
, barricades shall be constructed from material substantial enough to
protect the roots, trunk, and crown on the tree, such as 2" x 4"
standards and 1" x' 4" rails, silt fencing or orange safety fencing,
minimum 4' in height on metal posts. The b'arricade shall' be
placed at a distance from the trunk, equal to the farthest drip line of
the tree and should include the total area beneath the tree's canopy.
Alternative tree protection measures proposed by, the builder will
be considered in order to assure maximum preservation on specific
lots.
(b) No soil disturbance or compaction, stock piling of soil or other
. construction n1aterials, vehicular traffic, or storage of heavy
equipment are allowed in the areas designated for protection.
(c) Root pruning shall be kept to an absolute minimum.
, (d)
Pruning of, existing trees shall be done according' to accepted
horticultural standards in a manner that preserves the character of
the crown.
(e) Grading must not encroach, on a tree's root zone in ways that
threaten the survival of the tree. Root cuts and fins n1ust be limited
to 1/4 of the area within the drip line of the tree. Any cuts must be
clean and painted promptly with !~~_~ _p_~~~._ _ u _ u u _ _ _ _ _ u_ u u u _ u u _ u _ u u _ _ _ _ _ __ u _ u _ __ __ __ _ ~ _ _ - ~ - - { Deleted: a
(f) No ropes, signs, wires, unprotected electrical installation or other
device' or ~material shall be secured or fastened around or through a
tree or shrub.
(g) A Lot Development Plan shall not be approved prior to approval of
a Tree Preservation Plan.
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Landscapin2
A 'landscaping plan n1ust, be included as part of the Lot Development Plan. Each
landscaping plan will be reviewed by the Review Board which will detem1inewhether such plan
should be approved, approved subject to conditions or disapproved. Landscaping ~!-!~! ~<!~~l_y__.._.~~.{ Deleted: (other than StreetTrees)
with Section 19 of the Ordinance and must be installed within 30 days following substantial
completion of the building.
Ten business days are required to review landscaping plans. Sizes and names of all plant'
material must be specified. Landscaping Plans must be approved before any landscaping
materials are installed.
Drivewavs
Installation of driveways are subject to the following Building Requirements:
(a) Prior to commencing any Building Activity on the lot, a builder or
owner shall excavate and install a temporary stone driveway on the
lot. Such driveway shall consist of all #53 stone or a combination
of fabric, #2 stone' and #53 stone. The purpose of the temporary
entrance is to prevent the tracking of mud and debris onto the
streets.
(b) Upon completion of the construction, the temporary stone
driveway shall be surfaced with a dust-free approved surface to a
depth of at least 4 inches. At no time shall the driveway material
be placed 'within the flow line of the curb.
The width of the finished drive in the Vina~e Center shall be no
more than 12 feet at the sidewalk with maximum five foot tapers
between the sidewalk and the curb. The 'width o'fthefinished drive
in the Peripheral Retail Area may extend to 18 feet at the sidewalk
if the Design Review Board deems it appropriate to the site and the
use.
(c)
(d) Under no circumstances shall a driveway's entrance be constructed
or placed behind or over a street inlet casting or manhole.
(e) Driveways which cross sanitary or storm sewer lines must do so at
a 90 degree angle.
([) All curb cuts are to be saw cuts.
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Lot Maintenance Durin2: Buildin2: Activity
Each Owner is responsible for assuring that contractors maintain the building site in a
clean and orderly manner. Lots must be kept clean and mowed. Trash must not be deposited on
oth~r lots. An on-site trash <;iumpster is required and nlust be emptied on a regular basis.
During peri,ods of construction on a lot, the builder or Owner shall provide adequate
physical barriers such as erosion silt fencing, 'straw bales, etc. along the entire street frontage of a
lot to prevent mud and debris frODl washing from the lot onto the streets and eventually into the
stonn sewer system. Similar methods shall be used to prevent silt from entering and clogging
drainage ways. If these measures are not in place 10 days after the start of construction on the
lot, the Developer or Owners Association has the right to install required erosion measures and
place a lien on the lot to recover the amount of funds expended to perfo~ the work. Temporary
seeding of all disturbed areas of a lot must be done to preserve topsoil prior to final grading and
seeding.
Lot~ may contain compacted fill materials. This soil, although it has been assumed to be
properly, compacted, may not contain, similar engineering properties of undisturbed soils for the
purpose of foundation construction. Each lot purchaser should consult the construction plans or
the development plans on hislher lot prior to commencement of construction.
When the basement and/or foundation of the building is constructed, stone shall be
installed over the path of the driveway as shown on the approved building plans, and shall be
level with the curb at the lot line to avoid curb break-up.
The surface and sub-surface drainage system shall not be altered in any way from the
conditions specified' in the development plan for WestClay and in the approved building plans
for the lot. '
'Construction on' the lot shall be undertaken In such a manner as' to preclude debris
entering or blocking the storm sewer inlets.
Water service cuts shall not undermine the curbs or alter the sub-surface drainage system.
Any excavated -area which adjoins the curb will be backfilled with granular fill to within 10
inches of the top curb.
Vehicles are not to be driven across other lots and trash is not to be deposited on
adjoining lots. Mud tracked onto the streets, must be scraped off in a timely manner. Whenever
possible; vehicles should be parked on one side of the street to insure that traffic can flow
through the area smoothly.
," Deleted: NeWSD3Der Boxe~
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,/ Newspaper boxes or receptacles are not
~- - -- -- --- ---- - --- --- -- --- - u_ - _u_____ - - - u - - --- --- _u -- - -- -- u -- - -- -.;.- -- --- - -- - u u -- --- -- u_ - - __uuu_ --- u ____uu -- - -- u _u u_~- -' permitted in any front or side yard if the
lot is served by a rear lane. ~
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Fencint!
All fences require approval by the .ReviewBoard prior to installation. No' chain link,
stockade or split rail fencing is permitted. For approval of fencing, the following must be
submitted to,the Review Board: '
)> plot plan
)> dimensions and placement of structure
)> photograph or brochure picture
)> color
)> vendor of fence and fence installer
Exterior Li!!htin!!
An exterior lighting plan must be incl1:lded ,as part of the Lot Development Plan and must
show the proposed location on the lot and identify the type(s) and location(s) of all exterior
lighting proposed for installation on the lot. Exterior lighting must COITIDlv with the requirements
of Section 21 of the Zoning Ordinance.
Accessorv Structures and Appurtenances
Any and all improvements made on a lot must receive 'prior approval by the Review
Board.
The following items may not be located in front yards" side yards facing a street,
sidewalk or path (unless f~!?-~~~~~~__~_Y__~~_~PJ?!5~~~~__f~_J:?~~__~E__~~g__,?!,,_~!~~?}}'y__!~J!_~~~'?~~__-------{ Deleted: totally
landscaping), nor be visibly obtrusive from nearby streets: air conditioner equipment, electrical
or gas meters, solar panels,<antennas, satellite dishes, garbage cans, etc.
Flagpoles less than 6 ,feet long may be mounted at a~ angle to porch columns or posts and
building walls. No free standing flagpoles are pennitted.
For approval of ,~ccessory structures and appurtenances, the following must 'be submitted
to the Review Board:
)> plot plan
)> dimensions and placement of structure
)> photograph or brochure picture
)> color
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SPECIFIC BUILDING REQUIREMENTS
Thematic Character
The .,Y ig~g~ __~~I?~~~_ _~}JJ__J:?~ __1:l~!fl~_~__~~ __~_ _ ~9!?-?~9_~_ _~~_~~@ _ _ !h~!!!~__!~fl~~!~~~___C!f _!~~___. _.-.- { Deleted: Primal)' Area of WestClay
vernacular architectural styles found in an Indiana community which evolved over a period from
1810 to 1885 ~ Commercial structures are to be predominant! y Federal, Greek Revival, ltalianate
and Gothic' Revival in style, although p_~~~~_!!~~_~t~_~~~~_5~~I?~~!Y_Y_(~~9_~i_~~_~_<?~~~~~~~L~_~YJ~~_~~~___....-. Deleted: later
encouraged if well executed.' ---- -- Deleted: common in nineteenth century
Indiana towns
Commercial structures in the Peripheral Retail Area are to be designed In the art deco or
art modeme styles common to commercial architecture during the period from 1925 to 1940.
Such styles reflect simple fOnDS with flat roofs. Art deco designs have a pronounced verticalitv..
are linear in form and are accentuated bv stylized floral or geometric ornamentation in striking
materials such' as terra-cotta. Frequently seen motifs include faceted surfaces.. zigzags.. chevron
patterns and octagon shapes. Art n10deme buildings have little surface ornament.. the windows
are grouped in bands and spandrels are expressed as continuous horizontals. Shop fronts in art
moderne structures are streamlined using smooth and'shinv surfaces with minimal joints (such as
'enameled metal panels).. incorporate tinted glass.. interesting.. if spare.. graphics.. and neon-light
'illumination and signage. Examples of styles appropriate to the Peripheral Retail Area are
attached as Appendix C.
Structures are not required to be imitative, but must incorporate the salient features of the
approved architectural' style. Diversity of style and design elements is essential to avoid
monotonous repetition. The design goal is to capture a moment of time which is convincingly
reflective of the natural growth of a commercial town center over a 75-year period and the
extension of retailing to the periphery during the succeeding half century.
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CORPORATE OFF-THE-SHELF DESIGNS ARE NOT APPROPRIATE TO THE
VILLAGE OF WESTCLAy, AND WILL NOT BE l\PPROVED. PROSPECTIVE
PURCHASERS SHOULD UNDERSTAND THAT THE DESIGN REQUIREMENTS FOR
COMMERCIAL, STRUCTURES IN THE VILLAGE OF WESTCLAY ARE NOT
SUBJECT TO NEGOTIATION.
General Desi!!n Principles'
1. Buildings shall define the streetscape through the use of established setbacks along the
build-to line for each block. The streetscape shall be reinforced by lines of shade trees, and may
be further reinforced by walls, hedges, or fences which define front yards.
2. Exterior public and semi-public spaces, such as courtyards or plazas, shall be designed to
function, tgenhance surrounding buildings, and to provide amenities for users, in the, fonn of
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texture,d paving', landscaping, lighting, street trees, benches, trash receptacles, and 'other items of
street furniture, as appropriate. Courtyards shall have recognizable edges defined on at least
three sides by buildings, walls, elements of landscaping, and elements of street furniture, in order
to create a strong sense of enclosure.
3. Buildings shall be designed to be compatible with the height and massing of 'adjacent
buildings, as well as in relation to the human scale.
4. Buildings shall be located to front towards and relate to the street, both functionally and
visually. Buildings shall not be oriented so that the primary facade fronts toward a parking lot.
5. Spatial relationships between buildings and other structures shall be geometrically logical
and/or architecturally formal. ,On a lot with multiple buildings, those 'located on the interior of
the site shall front towards and relate to one another, both functionally and visually. A lot with
multiple buildings may be organized around features such as courtyards, greens, or quadrangles
which encourage pedestrian activity and incidental social ,interaction among users. 'Smaller,
individualized groups of buildings are encouraged. Buildings shall be located to allow for
adequate fire and emergency access.
6. Buildings should generally avoid long, monotonous, uninterrupted walls or roof planes.
Building wall offsets, including projections, recesses, and changes in floor level.. to the extent
consistent with the architectural' style~ should be used in order to., add architectural .interest and
variety, and to relieve the visual effect ofa simple, long wall. Similarly, roof-line offsets should
be provided, in order to provide, architectural interest and variety to the massing of abuilding and
to relieve the effect of a single, l()ng roof (if appropriate to the style). The exterior of apartments
may be designed to appear as a single building.
7. Buildings facing a public street or open space should he architecturally emphasized
through fenestration, entrance treatment, and details.
8. The architectural treatment of the front facade should be continued in its major features
around all visibly exposed sides of a building.
9. All materials, colors, and architectural details used on the exterior of a building shall be
compatible with the building's style, and with each other. 'A building designed of an
architectural style that normally includes certain integral materials, colors, and/or details shall
incorporate such into its design. '
10. Adaptation of design elements to accommodate specialized retail requirements is
acceptable if executed with sensitivity and without material distortion of the overall design of the
building.
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Public Viewshed
As used in these Guidelines, "public viewshed" means that which is reasonably visible,
under average conditions, to the average -observer from a street, civic space or open space.
Development Plan
As used in~hese Guidelines, ':~~~I)?~~~_i_'!LQ_~~~!~p.1!?~1)_t__~J_'!P:':_!!!~~~P:~_!~~_.P!~l!_J?~~P_~!~~__.-_.-.-{ Deleted: ViIlage
by BRENWICK establishing with respect to a lot the build-to' and build-up lines and the massing
and street orientation of buildings. '
Massin2:
Building massing (height, width and depth) is controlled largely by lot size, build-to line
and build-up line, but must be appropriate to the style of the building. Diversity in massing is
encouraged to provide variety to the streetscape.
Generally, ~uildings in the Village Center will range from 2 to 3 stories in height. Not
more than 25% of the buildings may be less than 2 stories.
The majority of buildin~s in the Peripheral'Retail Area will be one and one-half stories
(or appear to be so from the front and sides t although two-stOry buildings are encouraged. The
height of buildings in the' Peripheral Retail Area shall not be less than 20 feet unless the stvle~
~se and relationship to adiacent buildings reasonably accommodate a lesser height. .
Th~ impervious coverage of attached commercial ~tructures in the ~_~~~_~~~i_~!__~~_~~___-_.-..{ Deleted: ViIlage Center
will generally range from 60% to 70%. '
Commercial structures typically -sit up to the sidewalk 'along an established build-to line
set forth on the T~~~}E~~~j_~LR~y_~!~p~~J?~_r!~E:__J!!_~~_~_Yjn?:R~_~~1!~~~!_~_R~_~~~_~~~g_~_9_f_~~g~~1!_g~___.-.---{ Deleted: Village
along the ~treet (not exceeding 25%) may set back from the ,build-to line no further than 75% of -------{ Deleted: A
the distance from the curb to the established build-to line or extend forward of the build-to line
by a maximum of 25% of the distance between the established build.:.to line and the curb.
For buildings set up to the sidewalk" balconies and upper level bay windows may
encroach up to 6 feet beyond the frontage line but, if they encroach by more than 27 inches, must
be at least 8 feet above sidewalk grade. Stoops may encroach beyond the frontage -line, but a
minimum 3 feet width of sidewalk must remain unobstructed between the stoop and the curb.
Building heigpt is regulated by a build-up line set forth in the .[:_<?~~_t?~~(~!_~_~~~!~PJ??~J)_t___------{ Deleted: V~)age
~~a; r;:~~:g e~t~~t~~~i~J~{~ih~~~~J~~!~~ s~i~:!n!dg~~il~~tt~o~t~~~e~!~li~~~~fe~-~f~-< :::~ :::::: ::
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street to afford the impression of greater lot width. Dissimilar cornice. or roof lines among
buildings on the same block in the Village Center is encouraged. Fifty percent of the structures
in a Village Center block are expected to vary from the established build-up line, although no
ridge line may be lower than the build-up line.
Roofs
The pitch, shape and fonn of the roof is a critical element in rendering faithfully an
architectural style, establishing appropriate massing and creating a pleasing streetscape. The
style, color and texture of the roofing material must be appropriate to, the building style and
should vary among structures of the same style.
Roof pitches must be consistent with the style of the structure. J3.._<?~f~__iE__~~_<?__Y~llC!g~~__~-~---rDeleted: Generally, roofs
Center should -be simply and symmetrically pitched and only in the configuration of gables and
hips, wit~ pitches ranging from 4:12 to 14: 12. Shed roofs (which pitch in one direction) are
permitted only when the ridge is attached to an exterior wall of a building, in which instance the
pitch shall be between 4: 12 and 14: 12. Flat roof~~1?J?~~lJ,.Ij_~!~_t_<?_!h~J'!~~!~~~_~~1~5.>KJh-~_~!~~~~~__------~{ Deleted: , if necessary
are [_~~_l!jT,.~~ }!! _!~<?_f~_rj}?h~_~~! _ ~~~~i! _ ~~~._ _,.,. _ _ _ _ _ _ _ _,. _ __ _ __ _ _ _ _ ___ _ _ _ _ _ ~ _ __ _ _ _ _,. _ _ __ __ _ _ _ _ _ ___ _ _,._ _ _ _ _ _ _ _____ _,. _ _ _ __ _ _~'_'-"-,-,-,,'-, Deleted: peJ1l1itted if edged by a railing
or parapet. The railing pattern must be
consistent with the style of
f_i ~_~~_~~ _~~_<?fs_ _~~<?~!~ ~~~ _ ~l~~_ _~ _~_<?~~ _~~J.l!g!~_~,_ _~l~J~~ _~j~~_<?!!~_ _t_~~ _<?!. ~!~<?!_ _q~~lj!x _ ~~ph~At__
shingles or metal and should have an architecturally correct overhang if appropriate to the style. '
Deleted: structure.
Deleted: Roofs
All vents, attic ventilators, turbines, flues and other roof penetrations must be painted to
match the color of the roof or flat black except those made of metal which may be left natural.
Gutters and downspouts should be appropriate to the style of the structure. Gutters built
of ,wood shall be oiled 'or oiled on the interior and painted on- the exterior. Metal, gutters and
downspouts shall be painted or galvanized except copper which must be left to age naturally.
Copper anodized aluminum gutters and downspouts are not pennitted.
Facades
Facades must have a defined base or foundation, a middle or modulated wall and a top
fonned by a pitched roof or articulated cornice, in each instance appropriate to the building style.
, All buildings, other than those occupied for retail purposes and except when handicapped access
requirements must be accommodated, 'must be raised above the sidewalk grade, generally by a
minimum of 30 inches.
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Approved facade materials include: smooth cut cedar shingles (4"-6" exposed to the
weather); wood clapboard (4"-6" exposed to the weather); wood beaded siding (7" exposed to
the weather); bri~k; stone; stucco with smooth finish; T_~~j~__<?!__~g~A~~l~!!!_~i~h_~J!.:1~~!~__f~_~~___----~-{ Deleted: and
and. in the Peripheral Retail Area. terra cotta. glazed tile and enamel metal panels.
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Exposed foundation walls must b,e built of brick, lecal fieldstone, parged block, smooth-
finished poured concrete, or painted brick-form poured ~oncrete. 'Foundation walls of poured
concrete which are visible from a public viewshed may be exposed no more than 12 inches
.above grade. No concrete block may be exposed.
Building (acades of wood shall' have all openings' trinm1ed in wood boards 2 to 4 inch
nominal width and ' comers trimmed in wood boards, of 4 to 6 inch nominal width (except where
the style requires a wider width). Doors may have wider trim. No rough sawn trim is permitted.
Facades constructed of'more than one material shall only change material along a
horizontal line (not a vertical, or diagonal line) except to the extent otherwise required to effect
the intended style. The heaver material shal1 always be placed beneath the lighter material.
bJl_f~~~~_~~__~f_'!!!_~l!JJ~!~g_~_~h~J)~)?~_?J_!~~_~_~~~__~~~~~~~~_~I!~~~j}?t!!~~~Y__~~~~i!~~__~~<?~p~__-------{ Deleted: The front and side
where inappropriate to the historic style of the structure or where sharing a party wall.
Gables'atop brick w~lls maybe [mished in stucco or wood , if appropriate to the historic
style of the ,structure; otherwise, the gables should be finished in brick.
Brick shall be laid and stone set in a pattern appropriate to the architectural style of the
building. Butt joints between wood siding pieces may be caulked or covered, but must be
painted.
Entrances
All entrances to a building should be defined and articulated by architectural elements
such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings,
balustrades, and other design elements appropriate to the a1!chitectural style. Any sUGh element
utilized shall be architecturally compatible with the style, materials, colors" and details of the
building as a whole.
The location, orientation, proportion and style of doors must faithfully reflect the style of
the structure. Sidelights, trim and transoms appropriate to the style must be incorporated in
entries.
Doors may be of wood, or fiberglass with a wood veneer. In the Peripheral Retail Area~
aluminum doors are acceptable. ','Sliding" or "patio" doors are permitted if not visible from a
public viewshed. Stonn doors and screen doors shall be full view without decorative trim~y________~_----_. Deleted: Double doors shall not exceed
5'4" in overall width unless divided bya
4 inch minimum width post
Doors shall have glass, raised panels, or both. Storm doors and screen doors shall be
. finished to match the door they serve or the trim around it.
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Stoops ~,hall be made of n1aterials compatible with the architectural style of the structure.
If made of wood, stoops' shall be painted a color approved by the Review Board.
Windows
Fenestration shall be architecturally compatible with the style, materials, colors and
details of the building.
Window design is an integral feature of an architectural style. The number of panes, the
way it opens, the trim around it and whether it is embellished with shutters must be consistent
with the style of the structure. Variation in window size, configuration, spacing and number, of
-panes can distinguish, structures and contribute to a pleasing mix of compatible facad~s.
Windows should be vertically proportioned with upper story windows vertically aligned with the
location of windows and doors on the ground level, unless inconsistent with the architectural
style.
Windows shall be built of wood and may be clad in vinyl or meta1. In the PeriDheral
Retail Area only~ aluminum windows are Dennitted. , Glass shall be clear and free of color except
where stained~ tinted or art glass . is appropriate to the historic style of the structure and except
that frosted glass ,is pennissible if not visible from a, public viewshed. Glass blocks are not
pennitted except in the Peripheral Retail Area. Tinted glass may be used in solariums in the
Village Center if not visible from a public viewshed.
~!g~_ _~~~U!X _ _yj~XI_ __~!1:l}~~~~~_ _'~~~_ _ .Q~}!?!j~~~_ _ _~!~~_,?~g~_ _ ~~5?~_ _ ~~~~~~~~___~~~ _ J?!_~f~}!~~_ _~1!__ _ __ - - - - { Deleted: Only
elevations visible from a public viewshed..__,_~~~~~~~~__~~~JJ_~~jI!:.~~~_<?~~!~_~__<?~_~I}__~!~~~~~~_!h~__ ------- Deleted: pennitted
historic design of which included shutters. Where shutters are an optional feature, they shall b,e --- - Deleted: Vinyl shutters are pennitted
applied to all or none of the typical windows on any given elevation. Shutters shall be shaped, on elevations not visible from a public
viewshed.
sized and proportioned to the windows they serve. Shuttyrs shall be fully functional with all
necessary hardware or shall be provided with adequate hardware to make them appear functional
and shall be mounted as if hinged to the window sash.
Windows on elevations visible .from a publicvlewshed shall hav~ true divided lights or
the appearance of true divided lights.
Porches'
Consistent with the architectural style, ,commercial buildings may have a porch with a
minimum depth of 8 feet which extends 40% or more along the' front or side elevation or a
portico. Side porches are permitted only if appropriate to the style of the building. No screen
porches are pennitted. Porches may have exposed beams or rafters or a finished ceiling, as
appropriate to the house style.
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Porches shall be made of wood, or concrete faced on three sides with brick or stone.
Posts, columns and balustrades shall be wood; railings shall be wood, steel or wrought iron.
Wood posts shall be no less than 6 inches non1inal width or depth and chamfered at the corners.
Generally balusters should not exceed 3-1/2 inches ,on center.
The undercroft of wood porches visible from a public viewshed shall be skirted by wood
or lattice with not greater than 1-1/2 inch spaces between the boards.
Wood, porcbes, stoops, railings, etc. shall be painted. Steel or wrought iron railings shall
be painted black.
Trim
Eaves, corner boards, gable and eave boards, pediments, Jriezes, lintels, pilasters, sills,
quoins, bargeboards, belt courses, balustrades, brackets, hood molds and other trim features are
defining characteristics of various approved architectural styles and Dlust be included in the
design of the structure. The absence of essential detail.detracts from the integrity of the design
and destroys the character of.the facade. The entablature is a defining design element in Greek
Revival architecture and should receive careful attention. With Gothic Revival designs, special
attention must be given to gable-ends. No rough sawn wood may be used.
Columns and pilasters shall" be of an order appropriate to the architectural style of the
structure. Where appropriate to the style of the structure, lintels shall extend horizontally beyond
the window opening an appropriate distance.
Dormers" Gables~ Bavs and Towers
Dormers are frequently found on buildings designed in the Federal style, particularly in
those structures reflecting the transition from the Georgian style. The proportion of dormers is
critical to the successful articulation of the roof line. Attention to window detailing of doriners is
as important as that to be given the primary facade windows. Donners shall be roofed' with a
symmetrical gable, hip, or barrel roof.
Gothic Revival is characterized by acute angled gables enriched with bargeboards which
hang from the projecting end of a roof, cover the gables and are often carved and ornamented.
Other Gothic details include swags attached to the verge of the eave, extending only part way
down the rake of the gable, a triangle (peak decoration) which fills the void at the peak of the
gable and gable end ventilators. . Appropriate detailing of such features is essential to't~9~~~!~_~___------{ Deleted: effect
correct design.
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Piers and Arches
Piers and arches shall be constructed of brick o'r block with a stucco finish. Masonry
arches shall not be less than, eight inches in thickness. Keystones in masonry arches shall be
'"' centered on the arch and have sides radial to the arch.
Piers of masonry shall be no less than 12 inches in width and 8 inches in depth.
Other Decorative Elements
Belvederes,' copulas and pergolas are pennitted if appropriate to the style, well
proportioned and fully detailed.
Chimneys
Chimneys are required on all commercial buildings of a residential style and must be
located appropriately for the style of the building. Exposed, surfaces of all chimneys must be
brick, stone or stucco, with chimney caps if appropriate. Flues must be tile or metal.
Storefronts
, Storefronts are an integral part of a building and shall be integrally designed with the
upper floors to be compatible with the overall facade character. Ground floor retail, service, and
restaurant uses should generally have large pane display windows. Such windows shall be
framed by the surrounding wall and shall not' exceed 75% of the total ground level facade area.
Buildings with multiple storefronts should' be unified jthrough the use of architecturally
compatible materials, colors, details, awnings, signage, and lighting fixtures.
Awnin!!s
Fixed or retractable awnings are permitted at ground floor level, and on upper levels
where appropriate, if they complement, a building's architectural style, materials, colors, and
details; do not conceal architectural features, such as cornices, columns, pilasters, or decorative
details; do not .impair facade composition; and are designed as an integral part of the facade.
Canvas is the preferred material, although other water-proofed fabrics may be u~ed; metal or
aluminum awnings are prohibited. If awnings are used on buildings with multiple storefronts,
the awnings' should be compatible so as to unify the structure. Awnings may not be visually
obtrusive to adjoining structures, nor may they be of the quarter-round variety. Awning style,
color and material are subject to approval by the Review Board.
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Li[!ht. Fixtures
Light fixtures attached to the exterior of a building shall be architecturally con1patible
with the style, materials, colors, and details of the building. The type of light source used on the
e~terior of buildings, signs, parking areas, pedestrian walkways, and other areas of a site, and the
light quality produced, shall be the same or compatible. Facades, if lit, shall be lit from the
exterior, and, as a general rule, lights should be concealed through shielding or recessed behind
architectural features. The use of low pressure sodium, ,fluorescent, or mercury vapor lighting
either attached to buildings or to light the exterior of buildings is prohibited. Mounting brackets
and associated hardware should be inconspicuous.
Protrudin2 Elements
All air conditioning units, HV AC systems, exhaust pipes or' stacks, elevator housing, and
(t9 the extent permitted by federal law) satellite dishes and other telecommunications receiving
devices shall be screened from view from the public right-of-way and from adjacent properties
by using walls, fencing, roof elements, penthouse-type screening' devices, or landscaping. No
satellite dishes greater than 18 inches. in width are permitted on a lot and no satellite dish may be
located within 6 feet of the front facade.
Skylights shall be flat in profile. Skylights, solar panels, vent stacks and other roof
protrusions shall not be placed on a roof facing a street nor shall they be visibly obtrusive from
public viewsheds. ( ,
Front Yards
Front yards 'of buildings which sit back from the si{1ewalk more than 10 feet should be
defined by fences, walls, hedges or a combination of such items. Fences should not be less than
30 inches high, normally should not exceed 48 inches in height, and should be constructed of
wood pickets, wood'lattice, wood board, steel or wrought iroh. Where the yard is at a higher
elevation than the sidewalk, walls are recommended. Walls may be of brick, stone, or block
covered with stucco and painted, if compatible with the design, of the .k~i}_~j~g.___~~~_~~~~~_~~!!~___------{ Deleted: residence.
are notpennitted. The entranceway and lot corners shall be articulated with larger (taller and
fatter) posts or other embellishments.
=17=
.
.
\
,)
.
Rear and Side Yards
Back yards of lots should be defined by landscaping, fencing or other appropriate
screening. Comer lots with side yards may be defined by landscaping or fencing. WaIls and
fences may not exceed 6 feet in height along the side yard lines and 42 inches along the rear yard
line if adjacent to a lane. BRENWICK may specify location, height and style of rear and side
yard fences.
Colors
Base colors and complementary or contrast colors should be compatible with the style of
the structure.
Drivewavs
Driveways are generally not permitted on lots served by lanes or adjacent to a common
parking lot. ,Driveways may be occasionally pem1itted across the side yard on a corner lot if the
side yard fronts on a secondary street. Driveways may also be permitted on lots having a width
of not less than 65 feet if an adverse effect on the streetscape will not result.
Street Trees may not be disturbed by driveway curb cut. The Review Board may require
the owner to relocate existing Street Trees at the owner's expense to accommodate installation ,of
a driveway.
Sidewalks
~
Sidewalks must be installed within 30 days following substantial completion of the
principal structure on the lot, or within one year following purchase of the lot, whichever first
, "
occurs.
Sidewalks from the front entry of the building to the public sidewalk shall be constructed
of brick, slate or bluestone.
Public sidewalks in the Tg~1!l!!!~_r~!~J__-tY_~?_~_~l!_~~_~~__~_~~i_I!l~~_~_~_~_f~~~__i!?__~!~~~__~~~___------{ Deleted: Village Center
constructed of, brick, slate, colored/textured concrete pavers, textured or scrolled concrete or '
other approved pavement materials compatible with the style, materials, colors and detail of the
surrounding buildings.
Sidewalks must be flush to the ground and constructed in accordance with the design
standards, of the City of Cannel to the extent such standards are not inconsistent with the Zoning
Ordinance or these Guidelines.
=18=
--j
.
,,)
.
')
.
Walls' and Fences
Walls and fences shall be architecturally compatible with the style, nlaterials, and colors
of the principal building on the same lot. Stone walls or brick walls with a.stone or cast stone
cap, wood fences, decorative metal, or wrought iron' fences, masonry or stucco walls, and stone
piers are encouraged. Solid wood fences are permitted in rear and side yards, only. Fence
locations and patterns are subject to the approval of the Review Board.
Gates in 'fences shall be built of the fence material. Gates in garden walls may be of
wood, steel or wrought iron.
Retaining walls not visible from a public viewshed may be constructed of brick, stone,
concrete or wood.
Fences along streets and paths on neighboring lots should be of different designs.
Fenc~s built of wood shall be painted a color approved by the Review Board. Fences
built of steel or wrought iron shall be, painted black.
Brick walls shall be no less than 8 inches wide and capped. The cap shall overhang the
wall no less than ~ inch on each side.
Garden walls of brick or stone shall be capped in a brick rowlock course of brick, cut
brick or dressed coping stone 1-1/2 to 3 inches thick.
Further specifications with respect to walls and fences are set forth above under the
captions "Front Yards" and "Rear and Side. Yards".
Decks '
Decks should generally be confined to the rear yard, should be visual1y unobtrusive from
public viewsheds and should be scaled proportionately to the principal structure' and the lot. The
undercroft of decks visible from a public viewshed should be skirted by wood or lattice wi,th not
greater than 1-1/2 inch spaces between the boards.
Decks and stairs may be built of pressure treated woo~__Th~Y__l!!~~!_)?~_P_~!~~~~L~}!h_~h~__~~~~~-~ Deleted:. If visible from a public
exception of the floor and the treads, which may be painted, stained or left unfmished. viewshed, they
FJower Boxes
Flower boxes on windows and railings are encouraged and shall be made of wood.
=19=
,.,',.~,'".....
-
'.
'.
Premises Identification
Each commercial structure 'shall display a uniform street address plaque on the front
facade at a location approved by the Review Board. Such plaque shall be of a size, style" color
and material specified by the Review Board. .,-___________________h______h__hhh________h____________________hh.~-.-- Deleted: An approved address plaque
may be ordered from
Mailboxes
The location, type, style, color, size and material of mailboxes are subject to approval by
the Review Board.
Si2na2e
All signage is subject to the approval of the Review' Board and shall comply with the
W estClay' Sign Regulations.
Variances
The Review Board may, in its discretion, grant variances from the'Building Guidelines if
it deems it appropriate under the circumstances to do so.
INDS01 TCH 319723
=20=
_at a cost (as of
) of$
, 199
;11'-:' <:)
.
SCHEDULE OF APPENDICES TO THE COMMERCIAL BUILDING GUIDELINES
AND- REQUIREMENTS FOR THE VILLAGE OF WESTCLA Y
A
Plot Plan Checklist
B Exterior Colors and Materials Sheet
C. Illustrative Building TVDes for Peripheral Retail Area.
.
\.
.
PERIPHERAL RETAIL AREA
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DA1[; 11/13/04
'THIS DRAWIIIG ANO 'THE IDEAS, DESIGNS AND
CONCEP'IS CONTAINED HD!EJN ARE 'THE EXCUISlII[
IH1D.J.LClVAl PROPERTY or '!HE SotNEIDER
CORPORA lIOH. AND ARE NOT 'YO BE USED OR
~CWD. "=rON~~A~~=T
@ COPYRIGHTID BY lHE SOiNEJDER CORP.(2004
,~
Schneider
lHE SCHNEIDER CORPORA llON
12821 E. New Market Street
Suite 100
Carmel. IN 46032
Telephone: 317.569.8112
Fox: 317.826.6410
www. schneidercorp. com
Architecture
Civil Engineering
Environmental Engineering
Geotechnical Services
GIS · US
Home Builder Services
Interior Design
Land Surveying
Landscape Architecture
Transportation Engineering
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DAl[; PRO..ECT NO.:
11/13/04 1238.001
DRA'MoI BY: CHECKED BY:
DCC
SHED 1ITlE:
AMENDED DEVELOPMENT PLAN
INCLUDING PRIMARY PLAT
DRAWlNC FIlES:
N: \1238\OO1\DVItS\REV2 PRINARY\F'101-102.DIfIC
XREf: 'REV2-f'RIW,DWG
JPJl (Q) Jl
HOLEY MOLEY SAYS
t! DON'T
DIG
BLIND"
-ITS THE LAW-
CAll 2 YlQRKlNG DAYS BEFORE YOO DIG
1-800-382-5544
CAll. Ta.l FREE
PER INDIANA STAl[ LAW 15-69-1991'-
IT IS AGAINST 1H[ LAW TO EXCAVAl[
y.,1HOUT NOTIfYING THE UNDERGROUND
LOCATION SERVICE 'TV<<) (2) WORKING
DAYS BEfORE' COMMENCING Y<<JRK.
, I
- .,~ ~ -
I
:JLJEG-~
- -.- - Existing Storm Sewer
- --...- - New Storm 'Sewer
------~ Existing Sanitary Sewer
. New Sanitary Sewer
/-- CGG - Existing Contour
Yo L..EV Existing Elevation
Flow Arrow
-------------- ..- Subsurface Drain
Existing Trees
Existing Gas Main'
Existing Telephone
Existing Water Main
Existing Flowline
Existin9 Overhead Utiities
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Village of WestClay
AMENDED DEVELOPMENT PLAN
INCLUDING PRIMARY PLAT
200
100
OWNER/SUBDIVIDER
BRENWlCK TND COMMUNI1lES, L.L.C.
12821 EAST NEW MARKET ST., S1E~
CARMEL, INDIANA 46032
(317) 574-3400
SURVEYOR
1HE SCHNEIDER CORPORATION
12821 EAST NEW MARKET ST., STE.
CARMEL. IN 46032
(317) 569-8112
~.,
Schneider
.
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1-800-382-5544
CAll. TW. F'RE[
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ET SEa. AS AMENDED AND SUPPlOoIENTED.
IT IS AGAINST 'tHE LAW TO EXCAVATE
~'tHOJT NOilFY1NG THE UNDERGROJND
LOCA TlON SERVICE TWO (2) ~KlNG
DAYS BEFORE CQ,lt.!ENCING WORt<,
OWNER/SUBDIVIDER
BRENWlCK TND COMMUNITIES. LLC.
12821 EAST NEW MARKET ST., STE. 200
CARMEL, INDIANA 46032
(317) 574-3400
~~ SURVEYOR
THE SCHNEIDER CORPORATION
. 12821 EAST NEW MARKET ST., STE. 100
C!-.L-"';"ider' CARMEL, IN 46032
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Village. of WestClay
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'!MIS DRA "'He AND 1HE IDEAS, DESIGNS AND
'COHCfPTS COHT AINED HEREIN ARE THE EXCLUSIVE
IN1EU.EClVAl' PRCPERTY Of' TIiE SCHNEIDEJ!
CORPORAnOH. ANO ARE NOT TO BE usm OR
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APPROVED PRIYARY PLAT / AMENDED
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Interior Design
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Civil Engineering
Environmental Engineenng
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Carmel. IN 46032
Telephone: 317.569.8112
Fox: 317.826.6410
www.schneidercorp.com
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1. Dcc, 7/28/04: RE\1SED PER ClIENT COM~ENTS,
2. DCC, 11/12/04: RE\1SED PER CITY or CARt./El COMMENTS,
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JOHN
MOSELE
ARCHITECT
t
.
ARCHITECTURE
PLANNING
INTERIOR ARCHITECTURE
3,17-257-6804
FEDERAL
ITAUANA TE
CREEK REVIVAL
FEDERAL
FEDERAL
CREEK REVIVAL
Street Elevation
ITALIAN A TE
Representative Senior Housin
1/8" = 1'-0"
CREEK REVIVAL
-L
Site Plan / Key Plan
Senior Housing
date: June 18, 2004
project:
scale: As noted
coord.: JMA
drawn: JMA
checked: JMA
The
Village of
WestCla y
WestCI~y
Senior -Housing
Revised:
November 12, 2004
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