The URL can be used to link to this page

Home My WebLink AboutPacket #4 - SITE PLAN AND CHARACTER llLUS1RATIVE CONCEPTUAL SITE PLAN MQnoq((~)tai11 ~~*~ t=:J\kM.!:!l M~nO,n Tr.lIl ,.. . -::-" ... .,.... . -.,." -........... .~I P -:- ~- .-.~..J -,... _.~ "'TI""-~';:'. --- ...J..--:__?, -,....._~ -,.? ~ ._.V~~.h. -" ;",'";\ ;,~.~If~'. ~,,<~ ~",O' i ;. -{"~~~::~~; . ", ~~ :0~; ,~ :;.i;;;~J . f~~-:':~~~:::::::':~"::': -~ ,.-. !m~~~~:j ~ ~"".....~..,m""'" _.........-.-..~ ~-.-'. ~ ~i. N. -,~ I ,~ {'<<~ ,/~ ..1 - ~ r~~.; f l~ .:,:~'~<~:~\~~ ~ ~ I . I : , " \ U V ~~\.~ .~, ('" \ 1~;,/.~.~>A y~~~~~:t" I. i"" t, .i~,~~~r?'ZTf.- 'II I V.) \'F~ · ,~~~ ~(;;,~.' .... 'IM.-.: ~1.M. ._.::..)':. .~.'~ .:'.~'.l~~';.\.jS"":;'~.::. '.I.. ~(,....J.o. .r. ':.. ~~:~--' !':':~;"':-~':"~\~.i_i-'~::::l';.:';":;': !'::':".:.;;"_-;;".",.i:::..&~;;'. ':::~L ':.,'.... .': .:.:.~'..:':.. .:. ~~0 '~.:~_~~~~~ ~<.:,__.=e~.':"""l.:...-.J...>>c,.~.:':.....~"::':'~l.i~1+"::" /:.:1/0 ~::::":'~~-4- ;;'~~.,' b~ ~~I ~~ f. ~ ~ ~ ~\\ V ~~ '~ 1 ~^ f i: ~~. t 'Iii \t ~\\ ~ t ~t ~~ .~ ~ i. 1/ \$ ~ :~' 'I i\ ~~//\ ;~' ~~ ~ : /, I) ~ ~ I ? ~ A, r~ :,,:.\ \ f,' Ij ~. r I ~ I I I, .( I-,~ \\1 I 1/' 'I ~ ~' #4 - SITE PLAN AND CHARACTER CHARACTER SKETCH Mon()~tflM. ~an.:I~~ (:A,~~il I ~ I ~ I. '~~(:/~'I'; '.' I, N " ~~~ ~ I ~ ;" I /;~!r:,:'< (' I ^ ". ,.; ':: :" ~:.\.. . ;'~ I ". ,~\j , '::' ~!! ~ \ ~ , ~ :' I ~ \ j ~,> ~' z, ~:I r~~ ~> t. ~ I "v ~~ ~ f 'j: ~ f~ }. ~v , ~ I\~ ~f' V ? 0. ~ :0. ~ y ^l ~ : \~ % ~.~ ~: ~ \ \1) (.~ ?, \~ ,,; } tf ?' 7\ ~' ~~ ~ ~ It ,~ V ~ ). ~. / t~ , . -I (/1 ;1 \1 /'N\ G-~~iJ ::~/~v - S onsor: ORD L-~h7..~OY Monon & Main PLANNED UNIT DEVELOPMENT DISTRICT H:\T.B.11ct\Edcn \PVD Drn,R ~.l.lQQZQ.t dClC '- A~ B. C. D~ E~ F-+. F 2. \...0- F 3~ G-l~ 0-2& 0-3. B-1.. H-2+ I~ J. K. SCHEDULE OF EXHIBITS Legal Description Pennitted Primary Area Uses Building Renderings and Elevations for Primary .Area Building Renderings and Elevations for Secondary Area Community Mailbox Rendering for Secondary Area Landscape Plan for Primary Area and Secondary Area Building base landscape plan-feI4.Jrimary .t\rea RHildieg~ase landscape plan for SS6eRGary Area Front building lighting for Primary Area and Secondary A.rea Building Rear building lighting for Primary Area and Secondary A.rea Building Site lighting plan for interior site and parI{ing areas ___..___.. Sit;;~:n Mark~';i;;L~~~tions'- -~-,. "-~-~~'.".."~.--4;- ~ { ~~ - ~~~~~> Project marketing signs '. ~ Conceptual Plan Primary Mea and Secondary Area map Color Palate ~ 3 ORDINANC Sponsor: ?.--'-1c,~ -- aY AN ORDINANCE OF T CITY OF CARMEL, INDIANA ESTABLISHING THE MONON & MAIN PLANNED UNIT DEVELOP T DISTRICT "-"' WHEREAS~ Section 31..6.4 of e Carmel/Clay Zoning Ordinance Z~289 "Carmel/Clay Zoning Ordinance~~) rovides for_,~l}~_~stablishment of a Planned Development District in accordanc ith the ~ts o~~ 36-7-4-1500 et seq.; ...' ~~ WHEREAS~ the C ~~ Commission (the "Commission") has gi e favorable recommendatio t~~~~-; set forth herein (the "Monon & Main Otdinan which establishes the Mo on & Main Planned Unit Development District (the '~District~').. \.-..., NOW, THEREFORE~ BE IT ORDAINED by the Common Council of the City of CarIne}, Indiana (the "Council"), that (i) pursuant to IC @36-7~4-1500 et seq-, it adopts this Monon & Main Ordinance, as an amendment to the Cannel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage~ (ii) all prior commitments shall be null and void and replaced and superseded by this Manon & Main Ordinance, and (iii) this Manon & Main Ordinance shall be in full force and effect trom and after its passage and signing by the Mayor .. Section ] Applicabili~ of Ordinance 1..1.!. The Official Zoning Map of the City of Cannel and Clay Township~ a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A'" (the '~Real Estate~'), as a Planned Unit Development District to be lmown as Manon & Main. --..... 1..2.!. Development in the District shall be governed entirely by (i) the provisions of this Monon & Main Ordinance and its exhibits, and (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Manon & Main Ordinance.. In the event of a conflict between this Monon & Main Ordinance and the Cannel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Monon & Main Ordinance shall apply. 'w.- 1.3~ Any capitalized tenn not defined herein shall have the meaning as set forth in the Cannel/Clay Zoning Ordinance in effect on the date of the enactment of this Monon & Main Ordinance.. 4 Section 2 Permitted Uses and Develonment Reauirements for Prima~ Area. Main Street west of Range Line Road is a relatively intact example of street front retail. The emphasis is on encouraging new construction and renovatio11S that conform to the desired character and prohibiting changes that do not conform to the existing character. The Primary Area will enhance the pedestrian commercial activity in the Old Town District. All new construction of and alterations and additions to buildings shall occur according to the following guidelines: ~ 2~ 1 ~ Use. The B3 Zoning Classification shall apply to the Primary Area and the permitted t\ses for the Primary Area are set forth in what is attached hereto and incorporated herein by reference as Exhibit "B" (hereafter "Pennitted Primary Area Uses")~ The Permitted Primary Area Uses shall be subject to the following: '\........." A.. No drive-through or drive-up facilities are allowed for any use, including automotive~ banking, or food sales. B. Residential uses, including Attached Dwellings and LivelWork Dwel1ings~ shall be pennitted. "-r-- 2.2. Building mass. :..-.. >p~. ~ ';" ~ rrJ \\~\/~' I ! J I' l ~ A. New buildings and renovations shall follow the general massing of a "Main Street~' commercial block, i.e., a rectan uIar buildin with a flat or slightly sloped roof, ad erpendiculm;. to the stre~ (;. -1- ~ 01- eJtC~C> ~ M (q - ~ N-\ \..oL5 B. C~ The first ileerFloor and all other Floors shall have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first ~Floor. 2.3. Materials. ............. A. The fIrst ~Floor and upper ~Floors may be composed of different Inaterials. The Facade of the upper tleffi=sFlooTs on any building that faces a public street may be constructed of wood siding, Hardi-Plank.. brick, stucco, or other masonry units, and trimmed in stone~ contrasting brick, wood~ or pre-cast concrete. Any of the foregoing materials may be painted.. B.. The first fleefFloor of a new or renovated building shall incorporate architectural elelDents consistent with the theme of promoting first fieefFloor storefronts and said storefront architecmral elem.e:nts may be inserted into a masonry, wood, stone or concrete panel frame which is coordinated with the upper fleenFloor. Storefronts shall be a lightweight 5 A. Cornices and other details of existing buildings may not be removed, unless the building containing the Cornices and other details is completely removed in its entirety as part of the Development of the District. B. The Fa9ade should have a flat front, with relief provided by minor bays, windows and window trim, storefronts, recessed doors, and features such as special brick coursing~ Pilasters and lintels. C. All new buildings shall have an articulated Cornice at the top of the Fa9ade walL 2.-8-:-9.. Setbacks. ~ \.....- 2~9-:--10~ A~ Front Setback. The buildings shall be situ:lted onset back no more than eight (8) feet from the front property line ~t for minor recessesto allow for entrances and outdoor seating/aiB~!or patio areas.. B. Side Setback~ There are no minimum side setbacks; however, mid-block pedestrian access to rear parking shall be a minimum of six (6) feet wide. Entrances. ~ ~ ............... A. The principal entrance to all retail areas shall face the public street.. B. Additional entrances may face the side of the building.. c~ No rear entrances are allowed except for residential or office uses~ emergency exits, employees, loading and trash removal.. 2..-W:-ll. Storefronts. Storefronts may be internally illuminated with spots or other incandescent lighting, so as to display prominently and attractively the business or its products.. Exterior lighting may be affixed to the building~ 2~++:-12_ ...,.... A. "-- \---.. B. C. I..".,-- Pennanent Signs.. Awnings and Murals.. Maximum sign area: First :HeefFloor occupants shall be allowed a total of one and a half (1-1/2) square feet of sign for each linear foot of street ~ontage~ except that no single sign may exceed thirty-two (32) square feet In area~ Freestanding pennanent signs are prohibited~ Building signs shall fit within the horizontal and vertical elemellts of the building and may not obscure details of the building. 7 D. Signs may be perpendicular or flat...mounted, including separately mounted letters. Perpendicular signs may not extend more than five (5) feet from the face of the building. E. No sign shall extend above the Cornice line of the building. F.. Allowable signs may also be painted in graphics in storefront or upper tleefFloor windows.. Signs may also be imprinted on awnings. Signs may also be painted on the sides of buildings (see Subsection 11 (j) below)~ All such signs will be included in the calculations for maximum sign area~ Retractable or fixed fabric awnings are allowed, but these shall fit within the storefront glass area and may not obscure details of the building. Awnings may only be supported with building-molUlted hardware.. Individual tenants should strive for a unique graphic image~ rather than be required to confotm to a single graphic style for the whole building.. Portable signs or displays of merchandise within the street right-of-way, sidewalk or the front setbacl< of the building shall not be allowed~ G. L.........., H. '-...- I. J~ ........... ~ 2~~13~ \.,- -- ~ ......... Graphics painted on the sides of buildings that are essentially commercial in character or describe activities in the adjacent building shall be considered "signs". Graphics painted on the sides of buildings are otherwise permitted but shall be reviewed for conformance with this regulation.. Parkin-R-and Loading Requirements.. A~ Parking 10ts shall be located in the rear of the building only. B~ Any Townholne located in the Primary Area shall contain a minimum of a two (2) car garage.. Any Live/Work Dwelling located in a Primary Area shall contain a minilTIUm of a two (2) car garage. Additional parking for the Live/Work Dwellings shall be provided for by inclusion oft\Venty four (24) on-street parking spaces~ as is depicted on the Development Plan~ c. On-street parking may be used to fulfill parking requirements. D. Parking requirements may be reduced if businesses with substantially different peak hour requirements agree to share parking. A petition shall be filed with the application indicating the tenns of agreement of parties to a shared par}cing arrangement. E. While existing curb cuts may be maintained~ no new curb cuts are allowed on Main Street, and no parl<ing lots OT loading areas may front on Main Street. 8 - the Developer pursuant to the Deve1oper~s reasonable discretion and Developer may also remove said trees under any of the following circumstances: 1.. As is necessary to clear underbrush and dead trees; i........,.. 2.. As is necessary for the installation of access easements, rights-of-way, streets, paths, sidewalks~ and utilities and dralllage improvements and infrastructure; and 3.. As necessary for public health and safety. 7&4 Landscape Plans~ Landscaping for the District shall be in accordance to: (i) the Landscape Plan for the Primary Area and Secondary Are~ which is attached hereto and incorporated herein by reference as Exhibit '~F 1 "; (ii) the Building BaS-G baBesc-ape Plan for the Primary "'^Lrea,----wlH~h is attached hereto and incorporat~a herein by refer0~s-Rxhibit ~~F 2"; and (iii) th6 BuHeiHg &ase landscape Plan for ~ S0cofla~r -,'\rea, '1"/hich is attached h0r~to an4-iR~eFporated herein by reference a-s Erllibit "F 3".. \...,,;....... Section 8 ~ 8..1.. Yw:o+ 8&2 Li!!htin!! -.,......f. Front lighting for Primary Area and Secondary Area Buildings.. Each building shall have one (1) light fixture mounted to the ftont of the unit above or near the side of the primary residential entr)Viay& The light shall be as depicted on Exhibit ;~G-l." Rear lighting for Primary Area and Secondary Area Buildings: Each Townhome shall have one (1) exterior grade light fixture mounted above the overhead garage door. The lights shall be as depicted on Exhibit ""G-2".. Each Townhome shall have one (1) exterior grade light fixture mounted on the rear of the unit designed to provide light to the terrace area.. -- 8.3 Site Lighting: Tl1e site shall include small pole mounted lighting in locations as depicted on what is attached hereto and incorporated herein by reference as Exhibit "G-3'~. The light shall be as depicted on Exhibit ~~G--34~'.. Section 9 P:.;qJ1ect Marketine Sif!ns.. Marketing Signs for the sale ofTovvnhome units shall be allowed in designated areas as depicted on the Site Plan Marketing Sign Locations~ which is attached hereto and incorporated herein by reference as Exhibit 'lOR-I". While Marketing Signs may be moved in conjllnction with project phasing~ no more than three (3) locations may be utilized at any given time.. Marketing Signs shall be substantially similar to that as depicted on what is attached hereto and incorporated herein by reference as Exhibit "H-21'~ L,........... ':.--.-.J Section 10 Ri!!ht of Way Dedication and Roadwa~ ImDrovement Statement.. "-" Section 10..1 Main Stteet: Within the project area as depicted on the Conceptual Plan in Exhibit "Ij), ~...hirCl-five feet (4S1-35') half-right-of-way will be dedicated to the City; since buildings are located on the right-oi-way line, the Developer shall install front '"-- 11 ............. I,--..- improvements within the right-of-way subject to this Monon & Main PUD Ordinance; sue11 improvements will include sidewalks as depicted on the Conceptual Plan in Exhibit "I" and buileiHb base landscaping as d019ic~oo {}ll Exhibit Hp 2" ~ --.... Section 10.2 3rd Avenue Northwest: Within the project area as depicted on the Conceprual Plan in Exhibit "I'~~ the right-of-way will include the planned on-street parking spaces and street improvements, which will include on-street parking and curb. Section 10.3 1 st Street Northwest: Within the project area as depicted on the Conceptual Plan in Exhibit ~'I~', improvements will occur within the existing right-of-way and will include on...street parking, curb and driveways as shown.. Section 11 Mechanical Equipment.. Any lnechanical equipment visible from an adjoining public street shall be screened with suitable landscaping or fencing in general architectural compatibility with the building(s) with which it is associated.. ......... Section 12 Homeowners Association and Declaration of Covenants~ The Developer shall prepare and record a Declaration of Covenants which shall also contain various provisions regarding the Real Estate as detennined by the Developer, including~ without limitation, provisions for Inandatory assessments and maintenance of common areas. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatoty9 'k........,... --- Section 13 ADoroval Process: 13..1 ApJ2roval of the Development Plan~ ..... L.....,. ......i B. -- ~ 10...-.- A. Exhibit "I", which is attached hereto and incorporated herein by reference~ shall serve as the Conceptual Plan (the "CP")~ The CP was assigned Docket No.. 04070036 ADLSIDP and the CP has been reviewed and approved by the Plan Connnission. The CP constitutes the Development Plan and primary plat for the Real Estate.. The architectl1.re~ design, lighting and landscaping fOf the Real Estate and the improvements thereon!1 considered in connection with the Monon & Main Ordinance do ~ not require any further (i) ADLS approval or (ii) Developlnent Plan/primary plat approval other than Final Development Plan approval per the procedure set forth below in this Section 13 ~ If there is a Substantial Alteration in the approved ADLS and Development Plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a COIDlnittee thereof~ pursuant to the Commission's rules of procedure.. Minor Alterations Inay be approved by the Director.. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions~ or disapprove the Final Development Plans/Secondary Plats (collectively!! the "FDP~') for the 12 "-- ......... .......... District; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the FDP that is in Sl1bstantial confonnance with the CP and is in confonnance with the Development Requirements and Development Standards of this Monon & Main Ordinance a 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 Commissiona Ca An amendment to the FDP~ which is not determined by the Director to be a substantial or material alterM-i-en-Substantial Alternation or Material Alteration from the approved CP, may be reviewed and approved solely by the Director.. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration between the approved CP and any proposed FDP~ the Director may, at the Director's discretion, refer the amended FDP to the Commission~ or a Committee thereot: for review and approval by the Commission andlor a Committee thereof D.. The FDP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval to the Director~ which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control~ utilities, and building information I Section 14 Rules of Construction: 14.1 General Rules of ConstructiOlla The following general rules of construction and definitions shall apply to the regulations of this Ordinance: .............:. Ar '- B~ "-- c. Section 15 Definitions The singular number includes the plural and the pIm-a] the singular~ unless the context clearly indicates the contrary.. Words used in the present tense include the past and future tenses, and the future the present.. The word "shall" is a mandatory requirement.. The word "may" is a permissive requirement. The word ushould" is a preftrred requirement~ 1. Accessory Structure.. A structure subordinate to a building or use located on the Real Estate which is not used for pennanent human occupancy. ............,: 2. AccessoryJIse.. 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 usea "- 13 habitablej is not a story unless more than fifty percent (50%) of the basement elevation is above grade at the build....to linea ~ 40a Street.. The paved areas located in the District designed for vehicular traffic and labeled on the Development Plan as a street with a corresponding namea 41. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10%) or mOTe of the plan's total area, total square footage of all buildings~ or approved materials~ 42~ Townhome: A Dwelling of two (2) or more Dwellings arranged side by side, separated by common walls between living areas, each having more than one story a 43a Townhome Building: A structure containing Townhomes~ 44. Trim: Soffits~ architraves~ wood reveals, and casement around doors and windowSa Section.,lg Yiol!tio~ 16~ 1 All violations of this Monon & Main Ordinance shall be subject to Section 34,.'0 of the Carmel/Clay Zoning Ordinance~ PASSED by the Common Council of the City of Carmel~ Indiana this _ day of , 2004, by a vote of ayes and nays a COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Ronald E.. Carter, President Pro Tempore Brian D_ Mayo Fredrick J ~ Glaser Mark Rattennann Joseph C. Griffiths Richard La Sharp A TIEST: Diana L~ Cordray, I.AM:C, Clerk Treasurer ~ 17 Presented by me to the Mayor of the City of Carmet Indiana the ~~~~ day of :J 2004~ at o'clock ..M.. Diana L.. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel~ Indiana, this ~ 2004~ at o'clock ..M.. day of -- James Brainard~ Mayor ATfEST: ---. Diana L.. Cordray, IAMC~ Clerk Treasurer This Instrument prepared by: David E.. Leazenby, Eden Land Company~ Inc.. 6667 Junction Lane Indianapolis, IN 46220 This Instnunent reviewed by: Charles D.. Frankenberger & James E.. Shinaver NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 H:\J~ci\Ed~\PUD Draft ~3 I00704.doc ........... 18 EXHIBIT "A" Le!:!31 Descrintion DESCRIPTION OF REAL ESTATE OF FREDERICK P . HINSHAW ... J .L AND NANCY!>. B. HINSHAW TRACT 1 ~ A part ofllie East Half of the Northeast Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Beginning 69 rods 4 feet 6 inches West of the Southeast comer of said Quarter section, run thence North 18 rods 7 feet~ thence West 10 rods, thence South 18 fods 7 feet~ thence East 10 rods to the place of beginning~ the same being located in the Town of Carmel~ Hamilton County, Indiana, containing 1.15 acres, more or less. Subject to the right of way for Main Street (131st Street).. -.......,...... Subject to all legal easements and rights of way. TRACT 2 Part of the East Half of the Northeast Quarter of Section Twenty-Five (25), Township Eighteen (18) North, Range Three (3) East~ described as follows: Begin 51 rods and 14 feet West of the Southeast comer of said Quarter Section and run North 18 rods and 7 feet, thence West 15 rods and 1 0 feet~ thence South 18 rods and 7 feet, thence East 15 rods and 10 feet to the place of beginning~ in Hamilton County~ Indiana, containing 1.80 acres, more or less.. Subject to the right of way for Main Street (131st Street) Subject to all legal easements and rights of way.. - TRACT 3 .............. A part of the Southwest Quarter of the Northeast Quarter of Section 25~ Townsllip 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Begin at the Southeast comer of the Southwest Quarter of the Northeast Quarter of said Section 25; and nm thence North on the East line of said Quarter Quarter Section 307 feet; thence West parallel with the South line of said Quarter Section 212..83 feet; thence South parallel with said East line, 307 feet to the South line of said Quarter Section; thence East on said South line 212.83 feet to the place of beginning, containing 1..50 acres, more or less.. Subject to the right of way for Main Street (131 St Street) Subject to all legal easements and rights of way.. 19 "- ~ ~ ~ 22 ~ 181. DRAFT 8..27-04 2 nd DRAFT 9-10-04 3rd DRA.FT 10-5-04 4rh DRA.FT 10-7-04 Sponsor: ORDINANCE NO. Monon & Main PLANNED UNIT DEVELOPMENT DISTRICT Elan C~mmission Docket N ~~ 040700352 04070036 DP/ ADLS I-t\Jon(;(\Eue:n \PUD IJraft J ] 00704.doc ~ A& B. C. D& E. F. G-l. G-2. 0-3_ H-l& H-2& I~ J. K. ir-= SCHEDULE OF EXHIBITS Legal Description Pennitted Primary Area Uses Building Renderings and Elevations for Primary Nea Buildillg Renderings and Elevations for Secondary Area Community Mailbox Rendering for Secondary .Area Landscape Plan for Primary Area and Secondary Area Front building lighting for Primary Area and Secondary Area Bu.ilding Rear building lighting for Primary Area and Secondary Area Building Site lighting plan for interior site and parking areas Site Plan Marketing Sign Locations Project marketing signs Conceptual Plan Primary Area and Secondary Area map Color Palate 3 "-- attractive vegetation to be retained, as depicted on the Landscape Plan for the Primary Area and Secondary Area, which-is attached hereto and incorporated herein by reference as Exhibit "F". .......-- 7.1 Planting Standarg~_ Landscapin.g shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, r J \ypaths, sidewalks, or any water features; and planted at a ratio of six (6) shmbs per I ~ unit and (1) one tree per unit. Deciduous trees planted to satisfy the landscaping 1.9 requirements of this Ordinance shall have at least a two and one-half (2-1/2) inch caliper and seven (7) feet in height at the time of planting unless otherwise specified · otherwise indicated on the Landscape Plan. Evergreen trees shall be a minimum oft (4) feet in height at the time of planting. Shrubs shall be two (2) feet in height at the time of planting. All trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are critical factors that should be considered. Plantings should be designed with repetition, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area, Io......r ~ ~ 7.2 Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with this Monon & Main Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. "'-' 7-3 Tree Conservation. Because the Developer intends to preserve the established trees located along the North and West perimeters of the Real Estate, those areas located along the North and West perimeters of the Real Estate are designated as ~'Tree Conservation Areas" pursuant to the Landscape Plan. The Developer shall implement reasonable efforts in an attempt to preserve those established trees, including efforts such as fencing, trimming and/or other acceptable horticultural practices and measures designed to preserve said trees. While the Developer shall implement reasonable efforts to preserve said trees, said trees may be removed by the Developer pursuant to the Developer's reasonable discretion and Developer :may also remove said trees un.der any of the following circumstances: 1. As is necessary to clear underbrush and dead trees; 2. As is necessary for the installation of access easements, rights-of-way. streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and 3 · As necessary for public health and safety. 10 "- the Commission, or a Co:mmittee thereof) for review and approval by the Commission and/or a Committee thereof. D. The FDP shall be a specific plan for the development of all or a portion of tl1e Real Estate that is Sllbmitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed) as well as drainage, erosion control, utilities, and building infonnation. .............. Section 14 Rules of Construction: 14.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: A_ The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary_ ............ B. Words used in the present tense include the past and future tenses, and the future the present. ~ c. The word "shall" is a mandatory requirement. The word "may)' is a pennissive requirement. The word "should" is a preferred requirement. Section 15 Definitions ~ 'r.w 1_ Accessory Stmcture_ A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy_ 2. Accessory Use. A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. ............. 3. Attached Dwelling. A Dwelling, including but not limited to, a Townhouse, duplex, triplex. or quadriplex dwellings, developed side by side for sale as condominiums or to'WDhomes pursuant to a horizontal property regime, or as fee simple dwellings where land is sold with the dwelling. 4. BUilding Height The vertical distance from the highest grade relative to the Street frontage to the cornice line or to the roof edge line_ The vertical distance from the cornice line or the roof edge to the parapet of roof ridge (including gables), and the height of towers, steeples, cupolas and other architectural roof embellishments are not included in calculating building height~ 5 ~ Cit)::& The City of Cannel~ Indiana. 6. Commission. The Cannel/Clay Plan Commission_ 13 33. Primary A-rea.. That part of the District more particularly delineated in green on the Primary Area and Secondary Area Map attached hereto and incorporated herein as Exhibit HJ". The line delineating the Primary Area boundaries may be adjusted by ten (10) feet to the north or south. 34.. Real Estate& The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". "-' 35.. Right-of-Way: An area of land permanently dedicated to provide light, air and acces s. -- 36.. Secondary .A.rea. That part of the District mOre particularly delineated in yellow and located north of the Primary Area as mo~e particularly delineated on the Primary Area and Secondary Area Map attached hereto and incorporated herein as Exhibit ('J". The line delineating the Secondary Area boundaries may be adjusted by ten (10) feet to the nortl1 or south. 37. Set Back: The least measured distance bet\veen a building or structure, excluding:! however, porches, patios~ and the perimeter boundary of the Real Estate& For purposes of determining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. 38. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carrnel-.Clay Township, Ordinance ZJ-196, as amended. 39. Story and/or Stories. A habitable level and/or levels within a building no more than 16 feet in height from floor to ceiling. A basement, although wholly or partially habitable, is not a story unless more than fifty percent (50%) of the basement elevation is above grade at the build-to line. ............ 40. Street. The paved areas located in the District designed for vehicular traffic and labeled on the Development Plan as a street with a corresponding name. 41. Substantial Alteration: Any change to an approved plan of any type- that involves the revision of ten percent (10%) or- more of the plan's total area, total square footage of all buildings, or approved materials. 42. Townhome: A Dwelling of two (2) or more Dwellings arranged side by side, separated by common walls between living areas, each having more than one story. 43. Townhome Building: A stnlcture containing Townhomes. 44. Trim: Soffits, architraves, wood reveals, and casement around doors a.nd windows. 16 \....-- Presented by me to the Mayor of the City of Cannel, Indiana the , 2004, at 0 t clock .M_ day of Diatla L- Cordray, 1ANIC:J Clerk Treasurer Approved by me, Mayor of the City of Cannel, Indiana, this , 2004, at o'clock .M. day of '-- James Brainard, Mayor ATTEST: """-- Diana L.. Cordray, lAMC, Clerk Treasurer This Instnlment prepared by: David E. Leazenby, Eden Land Company, mc.. 6667 Junction Lane Indianapo1iS:J IN 46220 This Instrument reviewed by: Charles D. Frankenberger & James E. Shinaver NELSON & FRANKENBERGER 3021 East 98th StreetJ Suite 220 Indianapolis, IN 46280 H:\1anel\Eden\PUD Dt,'aft 3 100104.doc 18 EXHIBIT "A'~ Le2:aI DescriDtion DESCRIPTION OF REAL ESTATE OF FREDERICK P. HINSHAW . AND NANCY B. HINSHAW '........+ TRACT! -- A part of the East Half of the Northeast Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Beginnin.g 69 rods 4 feet 6 inches West of the Southeast comer of said Quarter section, run thence North 18 rods 7 feet, thence West 10 rods, thlence South 18 rods 7 feet, thence East 10 rods to the place of beginning, the same being located in the Town of Cannel:l Hamilton County, Indiana, containing 1-15 acres~ more or less.. Subject to the right of way for Main Street (131 ~t Street)_ Subject to all legal easements and rights of way. TRACTz Part of the East Half of the Northeast Quarter of Section Twenty-Five (25), Township Eighteen (18) North:? Range Three (3) East~ described as follo"\lvs: Begin 51 rods and 14 feet West of the Southeast corner of said Quarter Section and run North 18 rods and 7 feet, thence West 15 rods and 10 feet, thence South 18 rods and 7 feet, thence East 15 rods and 10 feet to the place of beginning, in Hamilton County, 'Indiana, containing 1 A80 acres, more or less. Subject to the right of way for Main Street (131 St Street) Subject to all legal easements and rights of way.. TRACT 3 A part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton COWlty, Indiana, more particularly described as follows; Begin at the Southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 25, and run thence North on the East line of said Quarter Quarter Section 307 feet; thence West parallel with the South line of said Quarter Section 212.83 feet; thence Sonth parallel with sai4 East line, 307 feet to the South line of said Quarter Section; thence East on said South line 212_83 feet to the place of beginning, containing 1.50 acres~ more or less. ~ Subject to the right of way for Main Street (131 St Street) Subject to all legal easements and rights of way. 19 \.....-' dno.I~ u91S~a .:i~A'eaM cuaSO)!:ty ~Ui3S0)I "---' \.....,....r ............. -- '- .............................. - ~ s d i a. j ~~;i ~~~~~ H~bPq~hd HhuHdHH @ @ @ @ ~ @) ~ ~ t:3I ~ @ e ~ t~ '=--' ~ >- ~.r ~ ~I ~n ~ ~~ ~! ~ q~qL~ !~ H ~ ~~i~~*~~~~~~~~~~! I: ~ -'I;:.:~~a~....%~"'i~ ~ ~~IS~~~~~~a~ ee3@ @ @061 @~@@ @ ~ c;. ~~npo.IcI asn pax!WlrmuQP!sa~ .+aaItS ~w I V I .i:)IJ.15TG Ternda~uo=, 1;:nn..rn::) - ~ 78 uouow v# ihJ'fPHLtg ... suoH~AaI3 ap!s i;)S D pa:oqw / ~;n.IIoquMO ~ .., L r1 .~I'~ . t ir ~~4j -,. )1 ill .! .! J-~~ !!..I j! ~ ,.;~\ ..II ~I m ~=r. ]"'1 -11~ !I 'II n1 '~I ~w ~i i '9 li~1 ~ - ,~, 1"1" '''.[ , -.'1 ""l(1~1\~i' ~~'I.',r.:'1~:i~t;" ,,,,,,,'!'!1'~::~1 (~ "'i"- to J\~I!i~;i~~i[ii~~!!i:i;~ ftt~~w~iiWj~i~J,~~i~li~\~~~!!:.~~~i L ~~18Ti~~.:L-~ '~,,*A,J,Lr~""II.L'''~ I~~ IIrI!J' "'Trf I'. m ,.~.. "wr:~L~tli~~~~~~~,III;~' '~: ;~I~f,~~~ .-. ,". ~, ~ IDILLI 1.1~1~~JI: Ii=i+f""IIli~1 t~I'UI~~L!~~~j:~I'~ '~I I '~l' !,L~ 'ii: ['~ I'~~' u:::m::I:J ~[~:II~~' ttt:!_.LUI!~;r~'I[\~"h~jM~]'i~j~~' d ~af:I~ \t::JI"" ~JI W~L' III) I.I~ L_- 11r',;, I'C L-h"IJ~::~'l~'1'.! .. ~ "I I~I~I~:""W ~~~~~~~?t~~ I, :! ':1 ~l ~1't ~Ir~i~~ ~I~~~' ~~~....~, ~ ~IJ(I~ ~ J~~1i~tj~~ii;1r,i~l' ~~l[ ~~~~!r~!Jm!~g~:ji :~A~m;tf~'~~')~~~~~l:~~~~t~~M1~.r~~1~f,~1:i~~ir:~i~:~i~~~~l;[:ri~~~~~'~ ~ '.I&rI,t,J ~~ 'r~'r,[~~I~' '~~k!"',I~l','~I,J~1 "dn1,,'\ti~;~,'\'I"'~'I'r'r~'!::J.;"I, ' ~ I ~ ll~(r~~I,a" !1~~Ii8IIL~~~~~ ~~ ~ ~1H, . I' 'W:liJ ,I!.: 'r;: p~~'m~W~I~~,d ~ mrnr~lil 1-1H-1111~'~ \~L m Illl1il}1,,:i~";:~~~jf\:~'1!' ,j~r~pl1~ @---- , 1 ~ r-It"TL~ '~~i~ ~ It:tI: _J.m~~I~[:~~~~~l~,~~~~ :~'I~r jl~~;!~ '!~11~J: ',..r7i:'~~~,","""CPI j ~ '..:~,I')I~~ I~ ':'1\ I 1"11' '~\in: ~ I" r' '/I'I~:' :.., ;;' "n m y ..~. "r ,~II.:~M' 'U,I,:r ~~. ~~) ~~/., "",,u I: " .~,~ ~I'. 1!:::::ltllll.,I,;~~I'IL111;li~'MII'lfj~ 1'.li~ ~1~1.~ rDICl:J IIljjil~rrj~~ ~ II ~r~~!~ Il[ NJ;iv!~r:;'r,~ ~~~I,I ,,'- "I' .... ~ ~I~: ~\I I[ :1'- II ~ilj'~~~{", ttt ---.J I :r~~' ~~,,:\1i~~I\~~~~':['H;~irll~]~fW~1 :~ ~I'U !,.,I !<<~' ~I,~ ~ ,j:.r~ .~~~I R~ '.\11' II ~ ' , 111~ 'r I~I~I II ,i~~~, ~I~ ~;'lmI111~~II'r;'I~II' ~I ~;..:. ~, ~w .. !III., 'II '~~III 'IJ~ !~"I'~:"J \ ...~u lij~~;' "]jJJ I' r.'~' . il,.1[ I ,.'1, ~~'II~I j' ~ '~.I~' ~~: :~~rl: :1~~l'~~I.I~~I~I"~I~~'~ 11~ In ~ '~'~~i':~W;~' ~ I.'!~~~f', ,h ~~I"")r..,,.L'~~~ ~'~'~~I.~ IJ~ ILLl~ '~I'I~'~I"!L'I'I' ~.'II~LJ~:' I~'.r 'l..,~I" :\~I"'~" ... In ~ .. I ''';f,I' ~:~~r" j !1~tIi~1!:;~~'.I: .~~t)LU"lt,~~: 'L.L.L~ ij~~~: ~~I~l I!i!'(~~'.!~l.ij~ ~,;tf-~lllllt.~' ~ ~ "'1 r; ~II!,:~ ~11Ir~,j~~~:!!~~~r~~~[k~'~~l'~ ~ ill'~f h~~'li ~HIf-H II~:~I I~ IW~ (EI ~ J~;~Hj, f& il~ ~,i'! ~tjlt=t:1_--HI1~1 ti H+I ~ 'I i""t~L !i'L 1~~I~;~~I!~I'r" ,~ i1~~~'~~~i~l~~1 ~~J~~~trM~,~r r,!~~ J::e:::3 ;:L,il ~fll~~'~.r.I;dlil'1W'Ii:r;~ r- f~N~1;~L~~~~~~1[~;.~I,r~:;(i"{~U!~'~'I~-:H;'r'r~'ill~~~I~~~I:,11 tg;i~ ~ Wi~:;~;1 ~~~~i[ffi~i~~~~'il~!~~~ ,~ ,'.1 j tlti J II ~IJW'/ I inl ~.,d~H'';' r~~I...,,\:1 ~I'~~~I! ' r _ j :r;.' 1'1~~ "IJ~j',;~!I,'lll'II~I[111 ~;~I~I) I"~ Ijl~I?;1 L'I'.I ,I.""",i !r' ~--- -~ LJ.u Ji r;~~ljf. ~ -_If\-;::JI ~..,.- ,I ~'r B 1 :I=L..... I ~I ~~~r~ tt=::::::jll : -). \'1.1 ~~~!: I....J I J..I !I~~~I': :', ~: I LL...l....J...._L.-J ~! ~ ~I. H t-1 r,I~~1 I \'" , , ~ .. !'r. I~~~; 'l~~" ~n'i~~l'~'~;' ~II~I ~ ~~. ~ I)~~r '"Id~] ~r: ~ ~~~l~W~~~~:I~~~~jr~~~rrn~j!~~W'~ [] ~r,~ml tttL.dJL ~ r11Ip~~~~Ij~j~i'I'~J(~;111 ~i~~'1~ 1~~~'~~i~L 1~1~1~lil ~ ~~ 1 ~1~j~ 1fJt,t;;,~dB~illir~'~~ ~r.I::j~l~ii!': ~A '1Ii~).'11~~ )~f~~ JI"~'ILrr.~IL 1'lJr''!:I,'f.rll~~r~~ !,~;,~ I~I~ IlIiiM~~ 1E!:.t ~;fi1~,DI~ggg ~ W~!j:I~?':L ~.~ ':r!""~rI!'Wl~a~~~:~iw, 8t~'l~ IjL ::"'nI'P..11~;,r'~x,~I, ~II"~lil~ ,m,.:~t'I,'m' ~dJ ...:.... 'JC:Y ~ '-:V 'Z' ~_-. ..., ~d" ..,~ ~ 'O;V v 1 I ~j ~i -j i ; ; ""'~ ......~.... ~ l l I J I I ij ~ ~! jj flfL! . !J ~ ! 1 I ~ ..,..~,~.-! ,~~,~rr-- ~,?" ~~t::t ,-~ 1 ~I ~I Exhibit C 2 ~f, '.---t dno.I~ u2!5i3Q 1dA'edM ~uaSO)l ~ auaso)I .......... 1........,--1 ~ ..... "-' ~ i Hd ~I=.I ! HHHo~Phd HHnHd~H~ @ @ @ @ (~ @ @ ~ ~ (SI 0 @ to:' .g. '- ~ .~ ~ ~ r if ~ ~ ~ ~i ~~~ i ~~ d * nHILL~~~~H ~ ~~"I'~~Ri~&~~~~~i 1: ~~ ~~~~!;:~~~~~~~ ~S u~~55z~...!~t( ~e60@@e@@@6@ @ @@ ~~npOXd aSQ pax!W/"[aHUC'P1S~ ~~Q.ItS U~W .'11 t:)!I1S~a rentda~uo:) 13illItD - U1~W ~ 1,IOUOW v# 's'lIJPHng -lIO-q1:1A1313: .;re~rH . as n P8X!Ji\I / ;:nuol"fU1'Aol ; il Exhibit C ; 0.( 3 '-....,. dno.I~ tf3!5~a J:~A'ea M ~~5C)1. :!$I dUdSO)! ~;)np O.1d fet1UOP1sa"'tl1l au ~;:J~~~ a prrq.ddJUC::J 113UIIS:J - Uf8I^J: ~ UOUOW ~ -- [;:. ~ ~~ ..:., ~ ~ \t:L1" ..:A r"J-- ::J \Q' -- (i} - ....... ~ ~ 'r- ~cr I., ....... r-. -.;:::r ......... r ~..- ~ '-Ql r-- \.CIf ':--0 l ~ g ~ ~ ~~ ~ ~ ~ ~~ oj)! ~ E!; ,. ~ d H ~~ ~ ~ ~ ~ d i, L ~~ ~ h H H~ L il ~H ~ ~.; ~ R ~ ~ ~~ ~ ~ ~ : 5 ~ ~~ ~ i! i!~ ~~ 2 ~ - ~ W! ". ~ ~ ~ ~ ~ ~,,~ ~ ': ~ ;: ~ ~ ~ ~ F' ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~~ @ ~ ~ ~ ~ ~ ~ 5 5~ ~ ~ ~~ ~~ ~ 8eee @ Ge@ @,H!Je@ @ @ @@ @ @@(.ID ~ ~ ----- , ,,' jl . II": ~', :~ . :~":":'.....;l Ia~!~!;~ IJ~~. I t ~ ~; ! II : ~ ~='~ I l~!~ dl II fF==t II': H~'I;l:~11~I;r::;~i~~:I~:il ,.,1 :j:~I:.,lj 1~J:I;:~rJ~'~rl:1 m-J1~q;:i !'I~)r:iii: ~II~;~~; : ~i1j~: T,1, ,I.:,jl: 1'1 r, '1 rll' " ~' .' , Iii. I r, I\" L I " ' I. d,f !I"'j;q, .W'" II : ~~'f'! , ,'~' J.! I '11'111,1: II::1:r'!I ',.1:: II~ _11.:1,.1 L ~ "'j I .. I . .[ ! , : 1; :, .: I I . . ' : ~ ; II ~ L I I . . , ~ r, r I . l r ~ L , r I r I~I'I'I"PI~,)L 1111."', r"",1 Il~: !~;1~1iiif,~~(;~;~r!::\~~ j.I;~I"'~liLI'J'~:I!';::i'.~d!H :~I'I!. ",..11 ' I' I,'!I"I"". I ;1 jd 1 i ' L ~ i I : ~ ; I I ; I ' II! ! j ~ J · Hl~ d I Ij' ~,.II ~i"I~ll!~ Iqu. ~I 'j",1 ~r ~ I~~i:i I II ====:I :1,;; I I' --- d I; II' : . ~ i l; : i l' IJ)"I d I! i nfT ;;:':I~~r~::~:~i~t EED !~!:i~ , · I I 'I"'! r : I · I ~ II I j I i ~":II~~ ' ;~"i!i I'. 'II"'I~" iq!~~llli,ll'l d Ir:.j!l.~;i~r'l ~'I ~-~iVi~~iT'TTT- II Iri.!I~'~~~'I' I '.,:'1' ':"1 ";11 Li'~[I.]LH ~ LiJ~I. I~ !,!,:~~l,III:: lEJ:I....J rd~/; !dqIIIIP~.pi' ,1~.1 I'i.dj'[', 131 ,', ~~;;;f ~r. i i 'I ~ ! i , r ~ J, ~ "11" ___I ~ / !' ]t I j ; f l r; j " I' I' ., I ' i,f~1!1 :1: '~i jil~;H:~:: I I: i!lj[!fI'U :;:~1~!yj/~~i;'~r~!: .11~:~I,.;I.' 1~~''':I~lr.1 ",'i~~ fd:i!I,,;rl:~~:~'[! lil~::.!;j H ,!,,I'J:.rJ,d'i'! i~1'!i :':Hf., rill, 1"'1'11,1 I' I' r I' I, III {L:II ~:j"'I~'~ e'I':1 ':i ~ ;'I~i I ~ \ I II' q, I j '.' II lEE[] I! II ::1 rIT'iI 'r~ i J' ~:1,'~~!1 ~ i:~~;: :~li'r:l~~!J'i ':'i':!l~i': '~:~i!~ I II fi i i ': 'i i':; I !il~ i.! i i i~ m-li~r'tdd fiil~~ W-J I""~q .1 ~.' I~!IH[:I Hj.j:"!'~"I~':r~r'i,,:!I:I'I~1 !: , . ~ ~ p. q I PI.' ~ j! I ' \. : I j q ! IE" :..', 'ii!;!!' I ",' ~. II! l ~~ 1'1 ii' J 1 ' ~ ,.,.J! j I : : : I . I ~ , : j'" \.to!ttaAal3: m;;a SdtaOl'[ll1'AOl I-Ill- I. :" HI- . . : .11 DaOO DOOO DODD I DOOD D~I~~ DI.IIIo.:iII.-......-.J 88 ---0 I" 1~~~.~';i'~~Ji i~~;;l:~~ _-{~ ~JI.(I ~'~'f.'I':"+ :,', ,JL,"i'" r~~:~ :~I .LI!~ ~~ i"~rr ~:,.;~ ~ln '~rf' ! .~ \l,~:,~, ,.' '!III. I .~I ~ i~"~ Ir ~~, .~,]I' I ~, D888 BODo DODD DODD DODD DODD DODD r ... - ..~...:,..~ DODO DD[]D DODD oggg II I !fl If 1 II II lEi D lEi 0 DODO DODD ~rrl ~ f~~~~~~~~ r,jl'~~:p J'~~r~f ~r,~' fn' ~n!~ lf8~\~~( ~~ L ~~L ~;I ;1 i:.~~I~i :'fu~, r~""~:~~~ll~,JI LI~I 1'1' I ~ !Jn~:~~"I~iiH~~!!. ~r,~! II I~_~II,~IILJ oggg o Dr u.u 00010 DDDO ,~~8~ '[j ODO ...'...... __..J I-LI 'I f -I I" I ~ ~ ~ ~ ~ ~ dl raI ~ 1 ~ .. ~ .. 2 - ~ , ~... ,-. ..... . ,.w".~.." .~I-' ,.f ~.~ .... I.... .w :.~ ...::I~I Il/Iilr . ....~ r(r ~ a'I r-- :z :J 1-) ~ Z -=s .l"tt 'D' ~ t: 9 ~ ep, 10 ,....... Z :::J ~ ~ Exhibit D ) o.f :? '- EXHIBIT G- t ~ TIlls photo is representative of the typical wall-mounted, front of unit light that shall be permitted at Manon & Main subject to the requirements of this Monan & Main PUD Ordinance.. I........,-r \....,....r Exhibit G-3 "-"' 'I~J. NONOV'l 1.-.------.-.-.------l~:==I~~~~~~~.~.-=~== . I'"L ..-I-~_._..I_......J f I ._._. - -~--il j ! i ! i ~ ~ i ! i I C ~ i i ~ j I' ! i f j '--' ~ .........J i ~ ! I i ~ ~ " J ! j j i ~ , = J. ! J --.,-...-......-,..............--~...._~..............--.....:.------....--""""--.-.......---.........,'r..~_ i c - z {1J ~ ~ r.'~'" \3 I ~ J c c rn -43 .J:: 0 s::: G"1 I 0 ...=J I C j 0 i 2 J I J I ~ ~ ~ 11\f.:!l.1 NCNOlM 1..-.-.--.--.-.-.---l~L-==~~~~~=j ~~~=.= I I .__.J-.': 1m ~ ,,=-~F;~-'--:i11D - " . ...... - ~.. ............... -r--d i j - d 1-7 ~_ ,j - J:::f \T J - ~~~ -,-- ====~ ~ ~ Ft~i = II" ~ J ~_~ I"T~~, _: r~ - -1 -i v -I ~J · .r- T c:t J , '-'="T '-- c::::~ .c:::L- I r i ~ C::.t-- /' ~~ I- u.. ........ n-I....... f-----o.. 7 ]: H ,t '-- ~ L.........+ - . ,.-~ 0 T ~ ~ rJ I I-- ~ L.L..,....L...- ::0 ~ --r ~ ~ L.., . ,....... ~ ----i i 10-"....... H~ ~ ~. -! --I ~ ~, i ~~ ! -Lil. = ~~ I H: ! ;~ 1 = I-- · J ~=~ z :a: ~ ~ t ~ ....1 ~ ...-..- ,- .......". ~I- '!........- I r ! J I I I I I I I I J I i I .J \.....,....t 1 r-I~ [ 1 r- h -.....,....... 0 ~J .......,...~ - I -" ~ ; = w - ~ - rT : J = P l 0 --~ I -7;c G ~ i ! .~ - I I I ~ (J I i h ~ I....::J ~ J L I l[ ''to I rrLu LIT ~ JJl i . 0 [ ~ ~ I h r- =n I _ ID crT '- ~~ , 3r~~HrE .~ j '--'--"."-"""'''_L' --"'"..-..".." '~'-"-'-"-'-'--,.- _...___ -...-...-...""".......,."...1- I - - I-- - "-- - - ........... ..... - - \ o -- ~ - ......... - - - - -- - - -;a ...... L ........ ...... "- Exhibit H-l · L a r m c o -w ~ ~ --. a ~--.J 2 q) Gl \J ~ c CD t\3J) C...L.:. o ~ s:: (51 o L 2Cl.. (1J ~ c ~ ~ o 0........ a k,--' ---- CITI OF C.A.lltvCEL &. CLAY TOWNSm:r zONrNG ORDlliANCE - thence south to the south property line of the property located at the southwest com~r of West Smokey Row Road and Nom Range Line Road; thence east across North R.a.nge Line Road to the east property line of the property located at the southeast . corner of East Smokey Row Road and North Range Line ROM; thenco north to East Smokey Row Road; thence ~ast to the rear lot line of properties on the cast side of 1 St Avenue Northeast; thence south to 7Th Street N orllicast; thence I::iast to the rear property lUle of properties on the east side of 2nd Avenue Northeast; t.hcnc~ south to 3rd Street Northeast; . thence east to 3 rd Avenue Northeast; thenCE: south to 1 ~ Street Northeast; llience south across the west property line of the property located at the northwest comer of East MaUl Street and 4Th Avenue Northeast; thcnc~ south cros sing over Main Street to 1.he rear lot line of properties on the north side of Cannel View Driv~; thence west to the rcar lot l:ine of properties on 1 ~t Avenue South~ast; thence south to the sou th property line of the property located at the southeast comer of 4th Street Southeast' and 18T Avenue Sou.theast; thence west to the alley bet\Veen 1 ~t Avenue Southeast and South Range Line Road; thence north to 1.9~ Street South~ast; thence west to 2nd Avenue Southwost; thence south to 2nd Street Southwest; thence West to 4th Avenue Southwest; thence north to the northwest cOmm- of the property locnted On the; northwest comer of West Main Street and I B( Street Northwest; thence east to the Menon Greenway; thence north on and along the' Monon Greenway to the southern boundary of Bethenridge Subdivision; thence east to 1 ~t Avenue Northeast; thence north to the northern boundary of B ethcnridge Subdivision; thence west to the Monon Greenway; thence north an and along the Manon Greenway to the beginning. Boundaries are further described by the map in FiguJ-e 1. Within the Dislric ~ land is further subdivid~d into Sub-Areas:! which describe different land use and design guidelinc3& The bOUlldaries of the Sub-Areas are hereby established as shown on Figure 1. 23D.02 Application of Guidelines of the OverIav District Buildings covered by the Guidelines. .A.ny altera.tion:r addition or new construction within the Old Town District that requires a building permit must be reviewed for conformance with these guidelines. WhCACVeI" there exists a C-2/01d TO\)iTI Dis.trict within the Old Town Overlay District, the development standards and procedures of the C-2IOld TOWIl District shall govern. B& CQIltribllting Buildings and Non-contributing Bllildings. 1. Detmition. A~ a, Contributing Buildings are those that have certain characteristics that are in keeping with historical construction in the Old Town DisIriCt. b. Non""contributing Buildings~ usually built later~ do not have many of these characteristics. The aim of the guidelines is La pICServ~ or create couttihuting characteristics where it is possible to do SO~ - -- Chapter 23D: Old TOWQ District Overlay Zone 23D-2 as adopted pet" Z-3 74-02 Antumn 2003 vI CITY OF c.ARM1:.Xr .4 etA Y TOWN'SHlP ZONING ORDINANCe. ............. 2. . Additional Guidclines for Alterations & Addi riODS to Conrrib u tin@" Buildings in the Historic Range Line Road Sllb...Area. Altera.tions and additions to existing;! Contributing Buildings in the Historic Range Line Road Sub-Area shall be guided by the following; a& Demoli.!i2!l~ No Contributing Building) Or any part of it~ may be demolished in this district without the Consent of the Director. )"'he Director shall only consider the following when determining whether a building Or any part of it may be demolished: L Structural condirlons pose: an imminent safety hazard. 11. An advanoed state of dilapidation or fIre damage would make it unfeasible to repair the building for any reasonable economic use. Ill. The pa.rLicular flllancial situation of the current O\VIler or the current owner='g desired use for the properly shall not be considered as factors in determining consent for demolition. b. Building Use. N otw1thstanding uses otherwise allowed by zoning~ uses that require SubstanIial A1teration or additions to the exterior of a Contributing Building in order to accommodate the functional requirements will not be allowed. C& Materia1s~ L Details such as porch railings~ trim boards~ fascia boards, and cornices may not be removed from the building. lL Original materials of the building wiU be repaired rather than replaced:- when possible. iii. When original materia1s~ vrindows~ doors~ siding~ rai1ings~ and other details cannot be repai red~ they may only be replaced with architecturally correct materials that simulate the look~ details and dim<msioTIS of tbe originaL Substitute IIlaterials (vinyl~ aluminum, OOncr~te plank:, e.g.) must meet these standards in order to b~ acoeptable. d~ Altcration~. --- Alterations to the interIor of the historic building are allowed if the exterior of the building is not changed~ No alterations are aUowed that permanently change the massing, character, window placement Or details of Ihe exterior of llie original buildin g. iii. Previous additions Or alterati ons to the building that detract from or conceal the character of the building m.n.y be removed and the building restored to a previous condition. In this process, nO attempt 5hould be made to add "historicu features (e.g.~ bay windows Or gingerbread trim) not actually a part of the original building~ L ii. e~ Additions. i. Additions are allowed only in the rear of the building. ii. Additions may nO t be taller or wider than the existing building. Ill. Addi tiODS must be designed to conlplement, but no t minlic~ the historic archi tectute& Chapter 23D:' Old Town District Overlay Zone 23D-6 CIS adopted pe.r Z-374-02 A~~rJ,\mn 2003 vl ~- CITY OF CARMEL Jt. CLAY TOWNsHlp ZONING ORtHNANC:e ~~~ - ........... The ma.terials in the rear of the building must be coordinated with the front fayade, alIho ugh they may be different. On the front fa(fade,. at 1e;ast sixty percent (60%) of the TOL.rU area of the f1I'st floor (up to the line of the second floor) n1ust be transparent vision glass. Front and side fayades of buildings located on corner lots shall be of the same materials and similady detaile-d. f. Exterior walks, steps=, ramps and paving must be masonry Or stone pavers, or poured 01' pre-cast conCrete. 4. Windows Doots. a. A separate entrance facing a public s1.:rcct shall be provid~d to the upper f100rs of a. building if the use differs fTOnI the One on the ground floor. b. Each floor shall hav~ windows. d. . c. e. 5, Roof. Roofs must have a pitch of less than three to twelve (3: 12) and will not be a substantially visible part of the building& 6. Alterations and Additi~. Existing buildings may be substantially modified to confo:on to these guidelines~ except for designated historic structures. 7. ~i1g. a. Comic es and other details of exis ting buildings may not be re.moved& b. The facade shou.ld have a flat front, with relief provided by minor bays~ windows and window trim, storefrontSt recessed doors=, au.d features such as special brick coursing, pilasters and lintels. c. All new buildings will have an articulated cornice at the top of the fa~ade walL 8. ~backs. .............. Front Setba.ck. The buildings must sit On the front property line except for minor receSSes for entrances and outdoor seating/dining. .s.ide setback. There are no m..iIJ.imum side setbacks; however, mid-block pedestrian access to rear parking must be a minimum of six. (6) feet ~dc. Entrances. b. R. ~ 9. 10. a.. The principal rnItrance to all retail areas must face The public street. b. Addi tional entrances may face the side of the building. c, No rear entrances are allowed except for residenrlal or office uses, emergency exit5, employ~es~ loading and trash removat Storefionts. Storefronts sha11 be :internally illuminated with Spots Or other incandescent lighting, So as to display prominently and attractively the business Or its products. Exterior lighting may be affncd to the building. ~n)1anent Sil?rls~ Awnin.e:s and Mura~. a& Maximum sign arei:t: First floor occupants are al10wed a total of One and a half (l~) square fee[ of sign for each linear foot of street frontage, except that no single sign may exceed thirty-two (32) square f~et in area. b_ Freestanding permanent signs are not allowed& c. Building signs must fit within the horizontal and vertical elements of the building and may not obscure dttai15 of the building& 11. -- ....... Chapter 23D; Old ToVJll District Overlay Zone 23D-9 as adopted per Z-3 74..02 AlttUInn 2003 v I CiTy OF CARMEL & CLAY 'rOWNSHfP ZONING 01:UJ1NANCE . d. Signs may be perpendicular or Bat...mounted, including separately mounted letters. PeIpcndicular signs may not extend more than .five feet from the face of 'the building. e. No sign may ex.t~d above the cornice line of the building. f. Allowable sjgJJ.s may also be painted in graphics in storefront or upper floor windows. Signs may also be imprinted on a\Vnmgs. Signs may also be painted On the sides of buildings (see Subsection J 1 0) b~low)~ All such signs will be inc1uded in the calculations for maximum sign area. g. Retractable or fixed fabric a\'VTImgs are aUowed~ but these must fit within the storefront glass area and may not obscure details of the building. A 'WTIings may only be supported with b uilding-rnounted hardware& h~ Individual tenants should strive for a. unique graphic image~ rather than be required to conform to a single graphic s tv Ie for the whole building. L Portable signs Or displays of merchnndtse within the street right...of-way~ sidewalk Or the front setback of the building 1Vi1l not be allowed. J& Graphics pain.ted on the sides of bulldings that are ess'entially commercial in character or describe activities in the adj acent building will be considered ~'signs'~. Graphics painted on th~ sides of buildings are otherwise allowed but mast be reviewed for conformance with this regulation. 12. E.arking and Loadine: Reauiremenm. a. Parking lots shaH be looated in the rear of the building only. b. Parking shall be provided at the ratio of One space lor every One thousand t'tVo hundred (1200) square feet of gross area in the building~ Where the total lot aroa is less than three thousand (3000) square feet, the owner sha.ll be exempt from parking requirements. c. On-sIrcet parking may not be used to fulfill parking requirements; however, a reasonable share of a public lot may be assumed to fulfill these requirements. d~ Parking may be provided on..site Or in a convenient remote lot Dot mOre than four hundred (400) feet from the propc::tY. e. Parking requirements may be reduced if businesses v.rith substantially different peak hOUT requirements agree to share parking. A petition must be filcd with the application indicating the tenns of ag1'eement o~ parties to a' shared parking arrang~men't f No new curb cut<:; are allowed on Main Street, and no pat'king lots or loading areas may front on Main Street. g. Screened loading and trash areas shall be provided for all businesses at the rear of the bUilding. ~ ~ Chapter 23D; Old Town District Overlay Zone 23 D-1 0 as adopted per Z..374-02 Autuam 2003 vI :.....,..,.. =--- '....- II.....-:' '-- ~ CITY OF CARMEL & CL.A Y TOWNSH"N zONING ORDINANCE . f. 3. Buildinp" Heigill. Additions to (he existing building may not exceed the height of the tallest dimension of the Dearest Contributin,g bUildings by 11J,ore than seven (7) feet New Cons tructiOD. TIle followin~ gUidelines apply to all new buildings built with:in the b01.mdaries of the CharaC1;er Sub-Area. BuildiIu! Mass_ I. Bu.ildings arc to be ori~ted parallel and perpendicular to the street 11. Buildings will generally be longer than they arc wide, with the narrow dimension facing the street. Bui1ding widths may not exceed forty-five (45) ftet~ except where the lot is greater than eighty (SO) feet in width, in which case the building may be up to fifty-five (55) feet wide. SethacKS. L New buildings must fol1ow the dominant Or average front yard Setback dimension of existing buildings On the same block and on the same side of the strect~ with a. variation of up to three (3) feet allowed (See Figur-e 2a). c. MaterialSA a~ b. L All sides of the Principal and Accessory Buildings must be clad in wood, brick~ stone~ concrete plank or high-quality vinyl siding~ The same material must be used on all sides of the building_ II. New garages And other Accessory Buildings shall USe oxterior materials si rnilar to the Principal Building A Ill. Windows and trim must b~ fraIned in wood or vinyl-cla.d wood. iv. Visible ahnninum stOrm windows or doors are not allowed. v ~ Chimneys are to be brick. Vl. Exterior guardrails, handrails and other stair details may be wood or wrought iron. VIL Roofs are to be asphalt, wood or slate shingles. viiiA Foundations must be split-face block, Stone veneer or poured-in-place:) concrete. d. Windows Doors. L VerneaI, rectangu.lar double~hung or casement windows are required~ These may be: used ill multiple setS to create larger expanses of'\Vindow area. n. :Plate-glass picture \Vindows~ strip windows and arched windows are not allowed on the fTont faya.de. iii. Special windows are allowed (ovals~ bexagon, etc~) as accents. e. &MfA 1. The roof of the Principal Building and Accessory Buildings shall' be gab led, multi"'gabled~ or hipped, with a minimum pitch of eight to twelve (8; 12)~ iL A roof over a porch Or bay window may be flat or pitched. ~ ~ ~ Chapter 23D; Old 1~own District Overlay Zone 23D-14 I as adopted per 2-374-02 Autumn 2003 v I CfIY OF CARMDL &. Cl..A Y TOWNsHIP ZONING ORDINA.NCE -----: .[ g. E.orche]~ I. Covered porches facing the street On the first or upper floor of the structure arc strongly encouraged but not required. II. Uncovered decks arl;:j not allowed in the front yard. BUll ding H eiQ:ht i Minimum: Thirteen (13) feet to the midpoint of the cornice and the ridgeline. ii. Maximum: "fhirty (30) feet to the midpOint of the cornice and the ridgelinc:! excopt as provided ill 7 (c) . Hi. BUildings may not exceed the height of the tallest dimension of the nearest two Contributing Buildings by mOre than S~vcn (7) feet. ~ ~ 23D.04 A. Submittal Process/Annlication Procedure. Consultation with Director and Application. Applicants shan meet "With the Director. to review the zonmg classificadon of their site, review the regulatory ordinances and materials, review the procedures and exam.ine the proposed use and development of the property_ The Director shall aid and advise the applicant in preparing his application and supporting documc:nts as necessary. 1. The applicant shall submit: a. tvvo (2) copies oftbe written Site Plan and Design Review application form=, b~ t;vo (2) copies of the Existing Features & Site Analysis Plan including adjacmIt zoning and land use, c~ hvo (2) copies of the proposed Site Plan and Drainage Plnn, and/or d. two (2) copies of the required information on architectural design, landscaping, parkingt signage~ lighting and access~ as well as 0. all necessary supporting docllII)ents and materials. Review. Review of the Application and Supporting Docwnents .and Materials by the Director; Following the reooipt of the vnitten application and required supporting information by the Director:! the Director shall review the materials for the sole purpose of detcID1,ining whether the application is complet~ and in technical complianco with all applicable ordinances~ laws and regulations~ If the materials subnlitted by the applicant are not complete Or do not comply with the necessary legal requirements., the Director shall inform the applicant of the 'd~ficiencies in said materials. I. Unless and until the Director fonnalIy accepts the application as complete and in legal compliance, it shall not be considered as fonnally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth. 2~ Within ten (10) days of the formal acceptance of the application by the Director~ he shall fOnna.lly approv~,. dCDY~ or request additional information about the pctition~ c. Aporov.al or Denial of the Avvlication by the Connnission. I. An approved Site PlfiI1 and Design R.;:vicw petition shall be valid for tvY"o (2) years from the date of approvat If construction of the building( s) has (hav~) not start~d at the end of B_ .......... ":........... 'L......r ~ Chapter 23D: OId To\Vn District Overlay Zone 23D-15 as adopted per Z.3 74-02 Au,tumn 2003 vl ~ lj~J. NONOV\l :----------l~~~~;;;;~~~~~~~ J r I 1- 11f'v~ l1V.lGdi:!i J r IL _____~ -- I J I I ~ I I .... ---.----....,....... 0 i Li ~ /'" q_~1 I F1~1 I ~ Jt "- , L:I::;,...-- j I J I [ I -B1 ..~.-a' ~ CJ T : ,..., I - ~r-;r-lrh]W - I ~ = Ij ~ ~ ~ ~ ""-- ~ --"1 =/ ~b~JJ cl _TrY f fT C:~ u:::-'-~ c;;;:: L..- J...L.:,...J.- ~.= T~ ~I"- T L \::" ~ 1,.-............. H~ ~~ I ::I..J ~ ~~...... L! --~ ~ il- I i~ ~ ,~ i ~ i-- Ii r ~~ I - I~- c. I-- ~ I.............t~ ~ ~~L I' R'" .L]- n~ Jf r~ ~ "-- i-- ~ I,~ ~ :::I' ..J...-- \' ~ 1}; z ::cc - ::: ~ ~ ~ ~ r-'ILI~_H -.-.- I ~ ~L C ~ -... , ~ r- ""' r-.-_ 0 I ~D = r-.-_ J ~ ~ -..... ---' rr- I J' ) '-- r' r- ~~ ~~ I L I : I w ~ G_ I I 1 n n I ( or (~~~ :I:r ~~ i ~ 1J -1 b E .~ ! I - ,0 Err ~ ~ rf I = ~t=~~ n~_ d; I ~ I ~ L II!- I I ,! , I : i ~........- -,........... ..__11__'......-11.......... _.........'---..,.--._...........,_......'-._..,~"...".,,_........_.__ ........._ ._11.."-1......1.- - ~ o I............: ~ - --- -- - ---- - - Appendix C '--- ......... - - -- - - ......,.. - c rn tJ1 25 ~~ c ~ roj 5 e:; .c:~ o ~ 2~ i~ :J ~ t - "--Ia -