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HomeMy WebLinkAboutApplicationConn, Angelina V From: Conn, Angelina V Sent: Tuesday, July 24, 2012 12:22 PM To: Hollibaugh, Mike P; Mindham, Daren; Hancock, Ramona B, Littlejohn, David W, 'jmolitor @prodigy net', Boone, Rachel M , Tingley, Connie S; Duncan, Gary R; Donahue -Wold, Alexia K, Blanchard, Jim E, Stewart, Lisa M, Martin, Candy; Lux, Pamela K; Haney, Douglas C; Mishler, Nicholas F, Maki, Sue, 'GARY DOXTATER'; Thomas, John G, Redden, Nick, Barnes, David R, Foley, Amanda J; Campbell, Kristyn Cc: 'Nick Churchill'; Steve@pittmanpartners.com Subject: Docket No Assignment: Aramore PUD Ord Amend ( #12070017 OA) I have issued the Docket Number for Aramore PUD Ord. Amend. (OA). It is the following: Docket No. 12070017 OA: Aramore PUD Ordinance Amendment. The applicant seeks approval to amend text and exhibits for PUD Ordinance Z- 495 -06. (Related ordinance is 2 -527- 09. ) The site is located at 9801 Westfield Blvd. and is zoned PUD /Planned Unit Development. Filed by Pittman Partners, Inc. Nick Churchill, with Pittman Partners, can be contacted at 573 -6692. FEES: Ordinance Text Amend. $890.50 Total due: $890.50 Petitioner, please note the following: 1. This item will be on the August 15 meeting agenda of the Technical Advisory Committee (TAC). If not done so already, the petitioner must submit plans to all TAC members ASAP, via email and /or mail. The updated TAC members list is online at: http: / /www.carmel.in.gov/ modules /showdocument.aspx ?documentid =1856. 2. Mailed and Published Public Notice needs to occur no later than August 24. Published notice is required within the Indianapolis Star. Try to get the public notice ad to the IndyStar by Noon, two days prior to the public notice deadline, in order for them to publish it on time (317- 444 -7163 or publicnotices @indystar.com). Also, the placement of a public hearing sign on the property is required in addition to the certified mailings; see application & calendar. 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than noon, Friday, Sept. 7. 4. Proof of Notice (green cards, newspaper affidavit, etc.) needs to be received by this Department no later than noon, Friday, Sept. 14. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This item will appear on the Tuesday, September 18 meeting agenda of the Plan Commission (under "Public Hearings "), which begins at 6 pm. (A representative must be present.) 6. This item might also appear on the Tuesday, October 2 meeting agenda of a Plan Commission Sub - Committee, which begins at 6 pm. (A representative must be present.) 7. Please refer to the application /checklist for more detail. 8. Review comments from the Planning /Zoning Dept. will be issued soon. Angie Conn, Planning Administrator City of Carmel Planning & Zoning Division Dept. of Community Services 1 -Ya%aft D o REZONE /PUD APPLICATION PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE FEES: Rezone lus $123 per acre (PUD $2 9 plus $123 per acre) Fees due after docket number is as gned.) Date: July 20, 2012 Docket No. 120'1 DO \'1 "Z • Name of Owner: Pittman Partners, Inc Owner's Address P.O. Box 554 City, State, ZIP _Carmel, IN 46082 -0554 Phone No. (317) 580 - 9693 Fax No. (317) 524 - 6001 • Contact Person Name and Company: Nick Churchill, Pittman Partners, Inc. Contact Person Phone, Fax, Email: 317 -573 -6692, nick@pittmanpartners.com Contact Person Address: P.O. Box 554, Carmel, IN 46082 -0554 • Record of Ownership: Instrument No.: 2007020184 Instrument No.: 2007020185 Instrument No.: 2007036491 Purchase Date: 3/12/2007 Purchase Date: 3/12/2007 Purchase Date: 4/10/2007 • Legal Description (Use additional page(s) if necessary): Attached as EXHIBIT A • Common Address of Property Involved (or General Description if no Address Exists): 9801 Westfield Blvd. Indianapolis, IN 46280 • Tax Parcel ID Nos. 17- 14- 07- 03 -01- 017.000, 17- 14- 07- 03- 01- 017.001, 17- 14- 07- 03 -01- 016.000, 17- 14- 07- 03 -01- 007.000, 17- 14- 07- 03 -01- 005.000 • Proposed Zoning Change: From the PUD District to the AMEND PUD District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. • Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if necessary): Attached as EXHIBIT B EXHIBIT A Legal Description A part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 17 North, Range 4 East, located in Clay Township, Hamilton County, Indiana, being a portion of the lands of Pittman Partners Inc., per Instrument No. 2007 -20186 (this and all documents referred to herein are recorded in the Office of the Recorder of Hamilton County, Indiana) as shown on a survey by Schneider Corporation, recorded as Instrument No. 2010007044, being more particularly described as follows: Beginning at a stone marking the Southeast comer of said quarter - quarter section and the Southeast corner of said Pittman Partners Inc property; thence along the South line of said property, North 89 °30'24" West 1275.51 feet to the East right -of -way line of Westfield Boulevard; thence along said East line the following three (3) courses: 1) North 00 °09'06" East, 323.07 feet, 2) South 89 °31'11" East, 5.00 feet, 3) North 00 °09'06" East, 597.10 feet to the North line of said Pittman Partners Inc. property; thence along the north lines of said property the following five (5) courses; 1) South 89 °50'54" East, 305.00 feet, 2) South 00 °09'06" West, 54.22 feet, 3) South 89 °47'07" East, 124.20 feet, 4) South 00 °09'06" West, 221.91 feet, 5) South 89 °31'l 1" East, 843.52 feet to the Northeast most corner of said property; thence South 00 °20'55" West, 646.66 feet to the Point of Beginning, containing 21.46 acres, more or less. EXHIBIT B The zoning change request to amend the PUD designation is in compliance with the Carmel /Clay Comprehensive Plan because: • The Comprehensive Plan encourages the adoption of development standards which promote innovative development patterns. • These size, location and existing zoning of the parcels support the application of a mixed use residential community. • The addition of another residential building form increases the ability for the property to provide a mix of residential options and can decrease the number of buildings and the amount of impervious areas while increasing the useable open space in the area. -.;.527-aY Section 13 Homeowners Association and Declaration of Covenants Section 13 1 Declaration of Covenants and Homeowners Association A Declaration of Covenants shall be recorded which shall also contain various provisions regarding the Real Estate, including provisions for an initiation fee a budget requnement to fund general reserves the use of the Real Estate, and improvement approval requii ements aftei initial conshuction The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatoi y Section 14 Approval Process Section 14 1 Approval or Denial of the Primary Plat/Development Plan A Dxhibit `E which is attached hereto and incorporated herein by icfeience shall serve as the Conceptual Plan (the "CP') The CP constitutes the Development Plan and is the primary plat for the Real Estate The architectuie, design, lighting and landscaping tor the Real Estate and the improvements thereon, considered in connection with the Ordinance, will require further (i) ADLS approval for all uses except detached single family homes,or(ii) Final Development Plan approval per the procedure set forth below in this Section 14 If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat review and approval of the amended plans shall be made by the Commission or a Committee thereof, pursuant to the Commission rules of procedure Minor Alterations and Material Alterations may be approved by the,Dtrector B The Director shall have the sole and exclusive authority to approve without conditions approve with conditions, or disapprove the Final Development Plans/Secondary Plats (collectively the FDP ) for Aramore, provided, however that the Director shall not unreasonably withhold of delay the Director s approval of the FDP that is in substantial conformance with the CP and is in conformance with the Development Requirements of this Ordinance If the Director disapproves any FDP the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission C An amendment to the FDP which is not determined by the Director to be a substantial or rnatenal alteration ham the approved CP, may be reviewed and appioved solely by the Director However in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved CP and any proposed TOP the Director may at the Director's discretion, refer the amended FDP to the Commission or a Committee thereof, tot- review and approval by the Commission and/or a Committee thereof 6 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 "77 re( d I2- 5- -70iZ Section 11.1 Parking: Each Townhome shall contain a two (2) car garage and each (70) external parking spaces. The overall parking ratio shall not be less than two (2) spaces per unit. Surface parking spaces, parking spaces inside garages and spaces outside and immediately adjacent to garages shall count toward this requirement. Any place a driveway is leading up to a private garage the driveway length will be a minimum of twenty (201) feet as measured from the edge of pavement of the nearest street to the face of the garage door. Section 12 Mechanical Equipment Section 12.1 Mechanical Equipment: Any mechanical equipment visible from an adjoining street or highway shall be screened with suitable fencing or landscaping and in general be architecturally compatible with the building(s) with which it is associated. Section 13. Homeowners Association and Declaration of Covenants Section 13.1 Declaration of Covenants and Homeowners Association: A Declaration of Covenants shall be recorded which shall also contain various provisions regarding the Real Estate, including provisions for an initiation fee, a budget requirement to fund general reserves, the use of the Real Estate, and improvement approval requirements after initial construction. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. Section 14. Approval Process: Section 14.1. Approval or Denial of the Primary Plat/Development Plan. A. Exhibit "E ", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP "). The CP constitutes the Development Plan and is the primary plat for the Real Estate. The architecture, design, lighting and landscaping for the Real Estate and the improvements thereon, considered in connection with the Ordinance, will require further (i) ADLS approval for all uses except detached single family homes, or (ii) Final Development Plan approval per the procedure set forth below in this Section 14. If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations and Material Alterations may be approved by the Director. However, in terms of modifying any quantitative or dimensional requirement, such modification may not be greater than ten percent (10 %) in aggregate. Cumulatively, quantitative or dimensional modifications greater than ten percent (10 %) must be approved by the Council. r-�c cI Exhibit M Conditions to Enactment of PUD Ordinance Z- 569 -12 I. Road hnprovement Commitment. The following are imposed as conditions to the enactment of PUD Ordinance No. Z- 569 -12 (the "PUD Ordinance "), pertaining to the approximately twenty one and 46/100 (21.46) acres of real estate legally described m what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate "), and are in full satisfaction of all obligations specified in Section 2.09 of the City of Carmel's Zoning Ordinance, as amended: A. Improvements. The Petitioner shall make or cause to be made the following improvements. 1. Improvements to Westfield Boulevard at the entrance to Aramore, comprising a southbound left turn lane; 2. Improvements to the western side of the Real Estate adjacent to Westfield Boulevard on either side of the entrance to Aramore, comprising acceleration and deceleration lanes; 3. Construct that portion of Maple Drive that exists on the Real Estate to current City Standards for a public street of that service level. B. All Inclusive. Other than as specified in I(A) above, neither the Petitioner, nor the Petitioner's successors and assigns, nor any owner, user or contract purchaser of the Real Estate shall be required to pay any fees or to make any improvements, contributions or dedications for road improvements, in connection with this or any subsequent approvals, such as any subsequent DP /ADLS approvals. PART 5: CRITICAL CORRIDORS AND SUBAREAS 96TH STREET AND WESTFIELD BOULEVARD SUBfiREH Description The 96th Street and Westfield Boulevard area has been identified as a critical subarea because it: • Is surrounded on three sides by major corridors: Westfield Boulevard, 96th Street, and Keystone Parkway; • Has stable neighborhoods that have been impacted by the evolution of transportation facilities; • Will likely be impacted by office/commercial development of the land south of 96th Street controlled by Indianapolis; • Periodically experiences redevelopment pressure from the private sector; • Has areas that are not well drained; and • Has limited bicycle and pedestrian connections to regional amenities. In recent years a new roundabout at 96th Street and Westfield Boulevard was installed, a residential redevelopment project was approved at 99th Street and Westfield Boulevard, and the City of Carmel began reconstructing Keystone Parkway into a grade- separated corridor. In upcoming years, I-465 is planned to be reconstructed, including the interchange with Keystone Parkway. The intersection of Keystone Parkway and 96th Street is being planned for grade separation and the Westfield Boulevard bridge over I -465 is slated to be reconstructed. Also, 96th Street is expected to be widened into a Primary Arterial between Keystone Parkway and Haverstick Road, and to a Primary Parkway between Haverstick Road and Westfield Boulevard. Therefore, in the future, 96th Street will be configured with a green median from Haverstick Road to Westfield Boulevard; potentially with one "intersection" in that segment for the undeveloped land south of the corridor to have access to 96th Street. Critical Area Boundaries The 96th Street and Westfield Boulevard boundaries are depicted on the Orientation Map on page 103. Strategy Connection between Pennsylvania Parkway and 96th Street: The City of Carmel will work to connect Pennsylvania Parkway to the roundabout at 96th Street and Westfield Boulevard. This connection is considered an essential connection, especially as U.S. 31 is upgraded to a freeway configuration. Install Side Paths: There is an ever - increasing demand for bicycle and pedestrian facilities in Carmel. Side paths along the west side of Keystone Parkway, the north and south sides of 99th Street, the north and south sides of 96th Street, and extensions of existing side paths along Westfield Boulevard to the north and south are critical pieces to add connectivity 100 I CITY OF CARMEL, INDIANA to the region; and especially for recreation. Along 99th Street, a sidewalk is preferred on the south side because it has a narrower width and greater design flexibility to avoid and preserve mature trees. Side paths connecting the Chesterton Neighborhood to Westfield Boulevard and Maple Drive from 99th to 96th Streets will add important connections. Also, a side path along the east side of Haverstick Road will enhance pedestrian safety and provide another vital pedestrian link north and south. Mitigate Light Trespass and Glare: Strictly regulate on -site lighting of any new development adjacent to stable neigh- borhoods to prevent light trespass and glare. Preserve and Install Tree Canopy: The 96th Street and Westfield Boulevard Subarea has a significant and well established tree canopy. The character of this subarea is anchored by the presence of many mature trees. Carmel will utilize its zon- ing regulations and processes to reasonably protect existing tree canopy in the subarea. It will also require installation of new canopy trees along public streets including Keystone Parkway, when appropriate, to maintain the "green corridor" aesthetic which exists in areas north along Keystone Parkway. Soften Impacts from Major Corridors: As the 96th Street, West- field Boulevard, and Keystone Parkway corridors evolve, attention should be given to soften impacts to adjacent residen- tial areas from future increases in traffic, widening of roads, and new turning limitations at intersections. Specifically, future roadway improvements should be context sensitive in their design and improve the ability for residents and businesses to gain access to the major corridors during peak hours. Buffer Stable Neighborhoods from Redevelopment: Require per- manent and effective buffering to be installed between stable neighborhoods and areas that redevelop. Trees, landscaping, decorative masonry walls (i.e. brick or stone, not wood), and earthen berms should be considered, but the preservation of residential dwellings within stable areas should also be a factor. Protect 99th Street and Haverstick Road as Residential - Character Collector Streets: Assure that 99th Street and Haverstick Road remain collector streets with residential character. Aside from pedestrian facilities along Haverstick Road and 99th Street, these streets generally remain the same. Stabilize Hamilton Heights and forest Glen Subdivisions: As residential properties in close proximity to 96th Street rede- velop, sever Kittrell Drive, Lincoln Boulevard, and Maple Drive and terminate each in a cul -de -sac at the expense of the commercial redevelopment. Also, link 98th Street between Kittrell Drive and Lincoln Boulevard to allow properties along Lincoln Boulevard and Maple Drive to have access to Westfield Boulevard. This change would result in the remaining homes being located on local streets and an increased degree of neighborhood stability. PART 5: CRITICAL CORRIDORS AND SUBAREAS Add Street Lights and Sidewalks: Because much of this subarea was platted prior to subdivision regulations that required proper infrastructure, many of the neighborhoods do not have sufficient sidewalks, street lighting, or drain- age facilities. The City of Carmel will utilize its existing programs for public and private investment in such public infrastructure. Improve Surface Drainage: As new development has occurred in the region, and as roads have been improved, local residents believe issues with storm water have gotten worse. The City should continue to study and help resolve these drainage issues, thus helping to reduce basement flooding and similar problems that can destabilize neighborhoods. Connect Maple Street to 99th Street: As a part of a recent approval for a residential PUD, the developer committed to extending Maple Street from 98th Street to 99th Street. This link is considered important for emergency services to gain access to residential structures from multiple directions. Allow Employment Centers along 96th Street: Allow private sector driven redevelopment (i.e. private negotiation and willingness to sell) along the north side of the 96th Street corridor between Keystone Parkway and Westfield Boule- vard. Redevelopment projects should result in employment centers (e.g. general office, medical office, or service busi- ness). Neighborhood serving commercial (e.g. small scale dry cleaners, cafe, or convenience store) will be considered if it fits the context. Generally, the footprint of new build- ings associated with redevelopment should be limited to the areas shown on the map and labeled "1 to 2 Story Employ- ment Center" on page 103. See the conceptual cross section drawings below. 1 Transition Area: The area designated as "Transition" on the 96th Street and Westfield Boulevard Subarea Map, on page 103, may be utilized for non - building features associated with commercial redevelopment (e.g. storm water management or parking), or may be used for medium to high density single- family dwellings; either of which would still necessitate buffering to minimize impacts to stable neighborhoods as described herein. Growth Management: Redevelopment along 96th Street should only be permitted when it is contiguous to existing com- mercial uses and when lots have been assembled into large enough parcels for the commercial development to be master planned with organized parking areas, linkages between parking areas, effective buffers, landscaping and pedestrian facilities. Utilize Transitional Land Uses and Form to Soften Impacts of Potentially Large.scale Office Development South of 96th Street: As the area south of 96th Street evolves into office and commer- cial centers (Indianapolis' jurisdiction), transitional uses and smaller scale buildings should be used along the north side of 96th Street to buffer stable neighborhoods to the north. Similar to landscaping, moderate intensity land uses can also be used for buffering. These buffering land uses would be limited to one to two stories in height and would be required to utilize facades and roof designs that are similar to or complementary with residential development (e.g. brick facades, pitched roofs, and dormers). Further, heavily landscaped parking areas should be required. Conceptual Cross Section Near Kittrell Drive (facing West) IA a' 1 Anti 161111111111 Idrilik1 2 Story Empbyment Heavily Landscaped Parking Area Wall; Buffer Protect Stable Neighborhood Conceptual Cross Section Near Wild Cherry Lane (facing West) 114 31 da 6-1 2 Story Employment 1 Story Employment Parking or Storm Water Management Wall I Butter Protect Stable !neighborhood Transition WPF CARMEL CLAY COMPREHENSIVE PLAN 0I PART 5: CRITICAL CORRIDORS AND SUBAREAS Reduce Curb Cuts along 96th Street: As areas along 96th Street redevelop, require significant reduction in the number of curb cuts. Also control where development south of 96th Street gains access to 96th Street. Street access from the north and south should align with one another when possible. Maintain Westfield Boulevard as a Residential Corridor: Westfield Boulevard between 96th Street and 99th Street will be maintained as a residential corridor. The City of Carmel will consider redevelopment along the east side of the corridor when proposals are for high density single - family detached dwellings or moderate density townhouses or apartments that complement the area. Specifically, the cluster of proper- ties on the southeast corner of 99th Street and Westfield Boulevard and the properties between Kittrell and Westfield Boulevard would be areas for redevelopment consideration, Design Guidelines • Protect and enhance existing tree canopy. • Establish safe means for bicyclists and pedestrians to travel outside of and around the subarea, especially to 116th Street, Central Park, Marion County, and employment centers to the west. • Protect existing residential neighborhoods from light pollution by strictly requiring cut -off light fixtures and other lighting standard. • Evaluate the most effective and beneficial buffering system to mitigate potential impacts to stable neighborhoods on a case -by -case basis. Utilize buffering systems that are aesthetically pleasing, comforting, and natural in character. Also consider buffer designs that do not consume large areas which necessitate the demolition of additional residential structures. • When redevelopment occurs, require small -scale office buildings which complement the building mass of residential properties. Require new office buildings to be constructed in close proximity to the right of way with parking areas predominantly in the side and rear yards. • If neighborhood serving commercial development is allowed, it should be designed carefully to fit the local character and should have pedestrian connectivity to the neighborhoods. 102 CITY OF CARMEL, INDIANA Two -story office structures, lake the one pictured above, would be fitting along 96th Street between Haverstick Road and Westfield Boulevard Parking should be primarily located in side yards or rear yards and the buildings should be pulled forward toward the street. Also, pedestrian facilities should be installed along the frontage High quality townhouses would be appropriate residential redevelopment along Westfield Boulevard. A limited amount ofsmall- scale, neighborhood serving commercial may be appropriate when supported by local residents. APPENDIX A: AMENDMENT LOG Carmel Clay Comprehensive Plan Resolution No. Docket No. Amendment Log Council Approval Effective Date Sections Affected Established C3 Plan, 2009 CC-05-04-09-02 08070020 CP May 4, 2009 May 20, 2009 CC•07- 06.09 -02 09060004 CPA July 6, 2009 July 6, 2009 Adjusted Part 4 for Southwest Clay's Thoroughfare Plan to acknowledge the NOAX Agreement CC -11 -02 -09.02 09080022 CPA November 2, 2009 November 2, 2009 Part 2: Added 7.15: Brownfields Redevelopment to City -Wide Policies CC- 02.15 -10 -02 09120022 CPA February 15, 2010 February 15, 2010 Part 4: Amended Thoroughfare Plan Map CC -02 -15 -10.03 09090018 CPA February 15, 2010 February 15, 2010 Part 3: Amended Land Classification Map Part 4: Amended Thoroughfare Plan Map Part 5: Amended 96th Street Corridor Plan and added 96th Street and Westfield Boulevard Subarea Plan 106 CITY OF CARMEL, INDIANA 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 of 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. Carmel /Clay 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 streetscape, including but not limited to benches, trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards, and removable enclosures. Strectscape. The built and planted elements of El street which define its character. Subdivision Control Ordinance. Carmel /Clay 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. Vertical Dwelling. More than two dwellings placed on top of each other. Vertical dwellings which are developed as condominiums are excluded from the definition of apartments. 11 Section 2. Definitions. 2.1 The general rules of construction set forth in Chapter 3 of the Zoning Ordinance and the definitions set forth in this Ordinance shall apply to the regulations of this Ordinance. Words not defined herein but defined in the Zoning Ordinance shall be interpreted in accordance with the Zoning Ordinance definition. 2.2 ADLS: See DP /ADLS Approval definition. 2.3 Apartment: A Multiple Family Dwelling owned by a single person or entity in which the Dwelling Units are rented or leased. 2.4 Building, Attached Residential: A Building including any one or combination of the following: Attached Dwellings, Multiple- Family Dwellings, Two - Family Dwellings, and Townhouses; and its ancillary uses. 2.5 Building, Village Neighborhood: A Building that contains any use permitted by this Ordinance within the Village Neighborhood Planning Area. 2.6 Character Exhibits: The illustrative exhibits attached hereto and incorporated herein by reference as Exhibit K. The Character Exhibits are a compilation of conceptual plans, images and sketches designed to capture the intended character of the District. Although the Character Exhibits do not necessarily represent the final design of the District's built environment, it does establish a benchmark for the quality and character of the overall District as well as the District's various design elements that contribute to this vision. 7 7 Cnmmnnity Amenitipc• RPrreatinnal farilitiez and cnarrc including without limitatinn Apartment House. A building containing more than one (1) Apartment placed one on top of another and /or side by side, and sharing common walls and common floors and ceilings. Architectural Review Board. A board, established by the Declaration(s) of Covenants, responsible for reviewing all improvements after the initial, original construction of Buildings, Dwellings, and other improvements. Attached Dwelling. Dwellings which are attached vertically or horizontally, including Townhomes, flats, duplex, triplex, or quadruplex dwellings. Attached Dwellings may be sold as condominiums or as individually deeded lots. Apartments shall not be within the definition of Attached Dwellings and, as such, all references in this Legacy Ordinance to Attached Dwellings shall exclude Apartments. Block(s): Any one or any combination of (1) the Suburban Residential Use Block, (ii) the Neighborhood Residential Use Block, (iii) the Urban Residential Use Block(s), (iv) the Primary Office Use Block, (v) the Village Core Use Block, (vi) the Corner Use Block, and/or (vii) the Open Space Use Block(s). The size of each and every Block may be enlarged or reduced by up to twenty percent (20 %); provided, however, that the Maximum Unit Limitations specified in Section 17 below shall remain unaffected. Building: A structure having a roof supported by columns and walls, for the shelter, support, enclosure or protection of persons, animals, chattel, or property. Separate but attached units within a Building, separated by party walls, shall be considered part of the same Building and not separate Buildings. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip, and gambrel roofs. BZA: The City's Board of Zoning Appeals Commercial Building: Any Building, other than a CCRC Multi -Unit Building, in which any commercial office or retail use exists, other than (i) a sales /rental office for the sales and/or rental of Dwellings located in the Building in which the sales /rental office exists and (ii) a home occupation. Continuing Care: The provision of lodging, nursing, medical or other health related services to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, evidenced by written contracts, and in consideration for the payment of an entrance fee, with or without other periodic charges. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Legacy Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. Section 2.2 Ordinance: Definitions. The following definitions shall apply throughout this Legacy Accessory Dwelling. A Dwelling which is detached from but located on the same lot as a Detached Dwelling, has an independent means of access and is owned by the owner of the principal dwelling. Accessory Retail: Supporting retail which acts as a convenience for office uses. Accessory retail must be integrated into buildings or sites that are of primarily office use. Accessory Structure: A structure which is subordinate to a Building or use located on the Real Estate and which is not used for permanent human occupancy. Accessory Use: A use subordinate to the main use, located on the real estate or in the same Building as the main use, and incidental to the main use. Aggregate Side Yard: The sum of the widths of the two (2) side yards located on one (1) lot. Alley: A private right -of -way or easement located in the interior of blocks and providing vehicular and service access to the side or rear of properties. Amenity Area: An area containing recreational facilities including, without limitation, any one or a combination of the following: (i) a swimming pool, (ii) a bath house with changing rooms and storage, (iii) recreational equipment, (iv) tennis courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor and/or outdoor workout areas, and (viii) any other recreational facilities approved by the Director. Apartment. A Dwelling intended primarily for rental. 6 CITY OF CARMEL ZONING ORDINANCE DRIVEWAY. That space or area of a Lot which is specifically designated and reserved for the movement of motor vehicles within the Lot or from the Lot to a public street. DRY CLEANING ESTABLISHMENT WITH ON-S11E PLANT. An establishment or business maintained for the pickup and delivery of dry cleaning and /or laundry with an on -site plant and the maintenance or operation of any laundry or dry cleaning equipment on the premises. DRY CLEANING ESTABLISHMENT WITHOUT ON -SITE PLANT. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without an on -site plant and without the maintenance or operation of any laundry or dry cleaning equipment on the premises. DUSTLESS HARD SURFACE. A surface adequately covered in accordance with the current standards of the City of Carmel and required to be maintained in good condition at all times. DWELLING. A Building, or portion thereof, used primarily as a place of abode for one or more human beings, but not including Hotels or Motels, lodging or Boarding Houses or Tourist Homes. DWELLING UNIT. One or more rooms in a residential Building, or residential portion of a Building, which are arranged, designed, used or intended for use as a complete, independent living facility for one (1) Family and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. DWELLING UNIT SIGN. See SIGN, DWELLING UNIT. DWELLING, ACCESSORY. A Dwelling that 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 owned by the owner of the Principal Building but occupied by another. Accessory Dwellings include Apartments integrated within or attached to a Single-family Dwelling, or located in detached Accessory Buildings located on the same Lot as the Single - family Dwelling. DWELLING, ATTACHED. A Townhouse, duplex, triplex, or quadraplex dwellings, developed side by side for sale as condominiums or fee - simple dwelling where land is sold with the Dwelling. Attached dwellings whether sold as condominiums or as individually deeded lots are excluded from the definition of apartments. DWELLING, MULTIPLE - FAMILY. A residential Building containing three (3) or more Dwelling Units and occupied by three (3) or more families. Except as otherwise provided by state statute, a Group Home shall not be considered a Multiple - Family Dwelling and treated as such under this Ordinance. DWELLING, SINGLE - FAMILY. A residential Building containing only one (1) Dwelling Unit and not occupied by more than one (1) Family. Pursuant to IC 12- 28 -4 -7, a Group Home for the mentally ill shall be treated as if it were a Single - family Dwelling, unless the Group Home will be located within three thousand (3,000) feet of another Group Home for the mentally ill, as measured between lot lines. Pursuant to IC 12- 28 -4 -8, a Group Home for not more than ten (10) developmentally disabled individuals which is established under a program authorized by IC 12- 11- 1.1- 1(e)(1) or IC 12- 11- 1.1- 1(e)(2) shall be treated as if it were a Single - family Dwelling. DWELLING, TWO- FAMILY. A residential Building containing two (2) Dwelling Units and not occupied by more than two (2) Families. E EQUIPMENT SALES & REPAIR. The use of land, buildings or structures for the sale, storage or repair of equipment and machinery, which may include but is not limited to farm implement sales and repair and small engine sales and repair. Chapter 3: Defmitions 3 -10 as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z- 419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06; Z- 530 -09; Z- 534 -09; Z- 547 -10 Winter 2011 vl CITY OF CARMEL ZONING ORDINANCE MEDICAL LABORATORY. See LABORATORY, MEDICAL. MEDICAL OFFICE. See OFFICE, MEDICAL. MEETING OR PARTY HALL. A building designed for public assembly, containing at least one room having an area equivalent for four hundred (400) square feet per dwelling unit or 2,400 gross square feet, whichever is greater. MINERAL, SOIL, OR GRAVEL EXTRACTION OPERATIONS. Any process used in obtaining, from the earth, naturally occurring substances. MOBILE HOME. Any vehicle, including the equipment sold as a part of a vehicle, used as a conveyance upon streets by either self - propelled or non self - propelled means and which is designed, constructed, reconstructed or structurally altered in such a manner as will permit the occupancy thereof as a Dwelling and which is both used and occupied as a Dwelling but having no foundations other than wheels, jacks, skirting, or other temporary supports. MOBILE HOME PARK. An area of land upon which two or more Mobile Homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, including any Building, Structure, vehicle or enclosure used or intended for use as a part of the equipment of such Mobile Home Park. MOBILE HOME STAND OR PAD. A stationary foundation designed for a Mobile Home providing support, water supply, waste disposal and electrical convenience. MODEL HOME. See HOME, MODEL. MORTUARY. See FUNERAL HOME OR MORTUARY MOTEL. Any Building or group of Buildings containing five (5) or more rooms with direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee. MOTOR BUS OR RAILROAD STATION. See STATION, MOTOR BUS OR RAILROAD. MOTOR VEHICLE. See VEHICLE, MOTOR. MOUNDING. Slopes with a ratio in excess of 1 (vertical) : 10 (horizontal), 1:10 (10 %) slopes require approval by the Commission per ADLS review. Approval of mounding must be a part of the overall site landscaping plan. MULTI- FAMILY HOUSING COMPLEX. A building(s) for residential purposes with three (3) or more dwelling units, having common or party walls, on a single lot. MULTI- TENANT, MULTI -LEVEL BUILDING. See BUILDING, MULTI- TENANT, MULTI - LEVEL. MULTI- TENANT, GROUND FLOOR BUILDING. See BUILDING, MULTI- TENANT, GROUND FLOOR. MULTI- TENANT BUILDING COMPLEX. Two (2) or more buildings designed to function as a unit or one (1) building with seven (7) or more tenants. MULTI- TENANT BUILDING COMPLEX DIRECTORY SIGN. See SIGN, MULTI- TENANT BUILDING COMPLEX DIRECTORY. MULTIPLE- FAMILY DWELLING. See DWELLING, MULTIPLE- FAMILY. Chapter 3: Definitions 3 -22 as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z- 419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06; Z- 530 -09; Z -534 -09; Z- 547 -10 Winter 2011 vl CITY OF CARMEL ZONING ORDINANCE THEATER, INDOOR. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Uses include but are not limited to a movie theater and a performing arts center. THREE - COMPONENT MEASURING SYSTEM. Instrumentation which can measure earthbome vibrations in three directions, that is, vibration occurring in a horizontal as well as a vertical plane. TOURIST HOME. See HOME, TOURIST. TOWER. A ground or roof - mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an Antenna, a meteorological device, or other similar apparatus above grade. The term does not include (1) a water tower that is owned by public utility or municipally owned utility; or (2) any pole, spire, structure, or combination thereof on which an amateur radio station antenna is mounted. TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground - mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting a radio or television transmission antenna (other than an amateur radio station antenna) above ground. TOWNHOUSE. One or more Single - family Dwellings with a minimal Front and Rear Yards, and no Side Yards, arranged side by side, separated by common walls between living areas, each having more than one story. TRACT, PARENT. A tract of land described by metes and bounds, the description of which has been recorded in the office of the Hamilton County Recorder of Deeds and which existed prior to the date of adoption of this ordinance. TRAFFIC DIRECTIONAL SIGN. See SIGN, TRAFFIC DIRECTIONAL. TRUCK STOP. A facility intended to provide services to the trucking industry, including but not limited to the following activities• dispensing of fuel, repair shops, automated washes, restaurants, and motels; all as part of the facility. TURNAROUND. A space on private property that permits the turning around of any passenger vehicle without the necessity of using any public Right -of -way to turn around. U UNIFIED CENTER. See CENTER, UNIFIED. UNIVERSITY. See COLLEGE OR UNIVERSITY. URGENT CARE CENTER. See CENTER, URGENT CARE. USE. The employment or occupation of a Building, Structure or land for a person's service, benefit or enjoyment. USE, ACCESSORY. 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. USE, CONFORMING. A Use of a Building, land or premises which does conform to all of the applicable provisions of this ordinance. Chapter 3: Definitions 3 -37 as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z- 419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06; Z- 530 -09; Z- 534 -09; Z- 547 -10 Winter 2011 vl Attached Dwelling. Rowhouse, townhouse, duplex, triplex, or quadriplex dwellings, developed side by side for sate as condominiums, or as fee simple dwellings where land is sold with the dwelling. Attached dwellings whether sold as condominiums or as individually deeded lots are excluded from the definition of apartments. 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 9.1 .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. Civic S ace. The area occupied by a civic building, including the surrounding Lawn, plaza or courtyard, on -site parking and appurtenant structures. 3 CITY OF CARMEL ZONING ORDINANCE CHILD ADVOCACY CENTER. See CENTER, FAMILY or CHILD ADVOCACY. CHURCH, TEMPLE, OR PLACE OF WORSHIP. A Building, together with its Accessory Buildings and property, where persons regularly assemble for religious purposes and related social events and which Buildings, together with Accessory Buildings and uses, is maintained and controlled by a religious body organised to sustain religious ceremonies and purposes. CIRCUS. See CARNIVALS, FAIRS, OR CIRCUSES. CIVIC, COMMUNITY, or CONVENTION CENTER. See CENTER; CIVIC, COMMUNITY, or CONVENTION. CIVIL VIOLATION. See VIOLATION, CIVIL. CLINIC or MEDICAL - HEALTH CENTER. An establishment where human patients are admitted for special study and treatment by two or more licensed physicians or dentists, and their professional associates. CLUB OR LODGE, PRIVATE. An association organized and operated on a non -profit basis for persons who are bona fide members paying dues, which association owns or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. This includes fraternities and sororities. COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. A use typical to the manufacture of brick or block materials for wholesale distribution. COLISEUM. see STADIUM OR COLISEUM. COLLEGE OR UNIVERSITY. An Institution accredited at the college level by an agency or association recognized by the U.S. Secretary of Education and legally authorized to offer at least a one -year program of study creditable towards a degree. COMMERCIAL RECREATIONAL ENTERPRISE OR FACILITY. See RECREATIONAL ENTERPRISE OR FACILITY, COMMERCIAL. COMMISSION. The Carmel/Clay Advisory Plan Commission. COMMITMENT. A covenant concerning the use or development of a parcel of real property which is made in writing by the owner of that parcel, either voluntarily or in accordance with an order or request of the Commission. COMMUNITY CENTER See CENTER; CIVIC, COMMUNITY, or CONVENTION. COMMUNITY, CONTINUING CARE RETIREMENT (CCRC). A place where three (3) or more levels of continued care are provided to senior citizens, including but not limited to: independent living, assisted living, and skilled nursing/memory care. It can include independent apartments, detached or attached cottages, and nursing home rooms in a congregate building, as well as support services and facilities. CONDOMINIUM. One or more Structures, each Structure having two (2) or more Dwelling Units or other units for occupancy, wherein provisions have been made for separate ownership of each individual Dwelling Unit or occupancy unit. A type of ownership. CONSTRUCTION, COMMENCEMENT OF. The point in time commemorating the breaking of ground for the construction of a development or Structure. Chapter 3: Definitions 3 -7 as amended per Z -320; Z -339; Z -340; Z -345; Z- 365 -01; Z- 369 -02; Z- 389 -02; Z- 415 -03; Z- 416 -03; Z- 417 -03; Z- 419 -03; Z- 453 -04; Z- 461 -04; Z- 471 -05; Z- 486 -06; Z- 530 -09; Z- 534 -09; Z- 547 -10 Winter 2011 vl Subdivision Control Ordinance: Carmel/Clay Subdivision Control Ordinance, No. Z -160, as amended. Suburban Residential Use Block: What is identified on the Concept Plan as "Suburban Residential Use Block ". Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10 %) or more of the plan's total area or approved materials. Townhome: A single family Attached Dwelling that is attached vertically and provides for individual unit access. Units s are party walls, but ownership can t • 4.. include small yards. k a On \a" +vt5 wkovte GHQ Urban Residential Use Block: What is identified on the Concept Plan as the "Urban Residential use Block ". Village Core Use Block: What is identified on the Concept Plan as the "Village Core Use Block ". Village Supporting Commercial Use: A small neighborhood serving retail /office use the primary clientele of which lives or works within close proximity of the Legacy District. Each individual Village Supporting Commercial use shall not occupy more than two thousand five hundred (2,500) square feet and must be pedestrian oriented in design and accessibility. All parking shall be accommodated in the rear, sides, and on- street. These uses can be detached, or integrated within a mix of other uses. Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance. Zoning Ordinance: Carmel /Clay Zoning Ordinance Z -289, as amended from time to time. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Legacy District; provided, however, that any detached accessory building shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 4. Suburban Residential Use Block (s). This Block is predominantly a suburban setting of Detached Dwellings on larger lots. While this Block is primarily Detached Dwellings, Attached Dwellings are permitted through special use review and approval by the BZA, and the standards and character illustrations for Attached Dwellings in Exhibit 9 shall apply to all Attached Dwellings approved by the BZA in Suburban Residential Use Block. No more than 4 12