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HomeMy WebLinkAboutPacket #1 original received 04-19-13 Sponsors: Councilor __________ CARMEL, INDIANA ATAPCO REDEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-____-13 April, 19, 2013 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance .............................................................................................. 4 Section 2. Definitions and Rules of Construction .......................................................................... 4 Section 3. Accessory Buildings and Uses ....................................................................................... 8 Section 4. Residential Use Block ..................................................................................................... 8 Section 5. Office and Residential Use Block.. ................................................................................. 9 Section 6. Office and Commercial Use Block ............................................................................10 Section 7. Landscaping Requirements ........................................................................................11 Section 8. Lighting Requirements ..............................................................................................16 Section 9. Signage Requirements ...............................................................................................17 Section 10. Parking Requirements ...............................................................................................17 Section 11. Pedestrian Circulation ...............................................................................................19 Section 12. Use Limitations ............................................................................................................. 19 Section 13. Additional Requirements and Standards ...................................................................... 20 Section 14. Declaration(s) of Covenants .....................................................................................22 Section 15. Procedural Provisions ...............................................................................................22 Section 16. Controlling Developer’s Consent .............................................................................23 Section 17. Violations and Enforcement .....................................................................................24 3 SCHEDULE OF EXHIBITS Exhibit A. Legal Description Exhibit B. Concept Plan Exhibit C. Use Block Map Exhibit D. Use Table Exhibit E. Development Standards Matrix Exhibit F. Architectural Standards Exhibit G. Conceptual Character Imagery – Residential Use Block Exhibit H. Conceptual Character Imagery – Office and Residential Use Block Exhibit I. Conceptual Character Imagery – Office and Commercial Use Block Note: All of the above Exhibits (A-I) are attached to this Atapco Redevelopment Ordinance, are incorporated by reference into this Atapco Redevelopment Ordinance and are part of this Atapco Redevelopment Ordinance. 4 Sponsors: Councilor __________ ORDINANCE Z-___-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE ATAPCO REDEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended (the “Zoning Ordinance”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and WHEREAS, the Plan Commission has given a _____________ recommendation to this PUD district ordinance (the “Atapco Redevelopment Ordinance”), which establishes the Atapco Redevelopment Planned Unit Development District (the “Atapco District”) with respect to the real estate legally described in Exhibit A (the “Real Estate”). NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7- 4-1500 et seq., the Council adopts this Atapco Redevelopment Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Atapco Redevelopment Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Atapco Redevelopment Ordinance, and (iv) this Atapco Redevelopment Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Atapco District. Section 1.2 Development in the Atapco District shall be governed entirely by (i) the provisions of this Atapco Redevelopment Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in this Atapco Redevelopment Ordinance. In the event of a conflict or inconsistency between this Atapco Redevelopment Ordinance and the Zoning Ordinance, the provisions of this Atapco Redevelopment Ordinance shall apply. 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 Atapco Redevelopment Ordinance: 5 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” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the uses set forth in Exhibit D (Use Table), unless otherwise defined below in this Section 2.2, shall be the same as set forth in the Zoning Ordinance, (ii) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Atapco Redevelopment Ordinance, shall have the meanings set forth below in this Section 2.2 and (iii) of all other capitalized terms included in this Atapco Redevelopment Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the Zoning Ordinance. 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 court, (v) basketball court, (vi) bocce ball court, (vii) indoor and/or outdoor workout areas, (viii) pedestrian walking trails and (ix) any other recreational facilities approved by the Director. Apartment. A Dwelling intended primarily for rental. Architectural Standards: The Architectural Standards attached hereto and incorporated herein by reference as Exhibit F (Architectural Standards). Block(s): Any one or any combination of (i) the Residential Use Block, (ii) Office and Residential Use Block, and the (iii) the Office and Commercial Use Block as depicted on Exhibit C (Use Block Map) or as context requires. The Residential Use Block and the Office and Commercial Use Block may be enlarged or reduced by up to fifteen percent (15%); provided, however, that the maximum number of Apartments specified in Section 12 below shall remain unaffected. Notwithstanding the above restriction, the Office and Commercial Use Block may be enlarged to occupy up to and including the entire Residential Use Block. Building: A structure having a roof supported by columns and walls, for the shelter, support, enclosure or protection of persons, animals, chattel, or property. When separated by party walls, each portion of a Building may be considered a separate Building. BZA: The Carmel Board of Zoning Appeals. City: The City of Carmel, Indiana. 6 Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit B (Concept Plan). The Concept Plan conceptually illustrates one of the many possible layouts of the internal drives, Building areas, Buildings, and parking areas permitted by this Atapco Redevelopment Ordinance. Subject to the definition of Block(s) above, the Concept Plan is conceptual and preliminary, only, and the final site plan(s) shall comply with the Development Requirements but may vary from the Concept Plan in all respects and, as such, by way of example only and not by way of limitation, use areas may vary and the size, location, and configuration of walkways, drives, building pads, landscape areas and parking areas may change. Conceptual Character Imagery: These comprise the elevations and renderings, attached hereto as Exhibit G, Exhibit H and Exhibit I, and are intended to generally and conceptually illustrate an application of the Development Requirements and elements of the anticipated character of the Atapco District. Conceptual Character Imagery are general and preliminary in nature and are not intended to delineate exactly what will be built and developed. For instance, final Buildings designs will comply with the Architectural Standards but will likely vary from the Conceptual Character Imagery of Buildings. Controlling Developer: The Controlling Developer shall mean Atapco Carmel, Inc. The rights of the Controlling Developer may be transferred by the Controlling Developer, in its sole discretion, in whole or in part, but only by a written instrument, signed by the Controlling Developer. Cultural / Entertainment Uses: The uses identified on Exhibit D (Use Table) under the heading of Cultural / Entertainment Uses. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions, if any, applicable to the Real Estate, or any portion thereof, which may be prepared and recorded by the Controlling Developer in its discretion in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Development Plan (“DP”): A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of facilities, Buildings, and Structures. Development Requirements: Written development standards and any written requirements specified in this Atapco Redevelopment Ordinance, which must be satisfied in connection with the approval of a Development Plan. Development Standards Matrix: Exhibit E (Development Standards Matrix) identifying the bulk requirements applicable to each Block. Home Occupation: An Accessory Use conducted in an Apartment that is clearly incidental and secondary to the use of the Apartment for dwelling purposes. 7 Non-residential Building: Any Building the ground floor level of which is occupied primarily by uses other than residential uses identified in Exhibit D (Use Table) and accessory uses thereto. Office and Commercial Use Block: What is identified on Exhibit C (Use Block Map) as the “Office and Commercial Use Block”. Office and Residential Use Block: What is identified on Exhibit C (Use Block Map) as the “Office and Residential Use Block”. Office Building: Any Building, occupied primarily by any Office Uses, other than a sales/rental office for the sales and/or rental of Apartments. Office Uses: The uses identified on the Use Table under the heading of Office Uses. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Parking Space(s): An area, unenclosed or enclosed in a Building or in an Accessory Building, permanently reserved for the temporary storage of one automobile and connected with a street or alley. In parking structures a Parking Space may be (i) a minimum width of eight and one-half feet, and one half of the area occupied by supporting columns may be included in determining the width and area of each adjacent Parking Space, (ii) a minimum opening width of seven and one-half feet and (iii) a minimum height of seven (7) feet. Plan Commission: The City’s Plan Commission. Real Estate: The Real Estate legally described in Exhibit A (Legal Description). Residential Building: Any Building, occupied primarily by any residential uses identified in Exhibit D (Use Table). Residential Use Block: What is identified on the Exhibit C (Use Block Map) as the “Residential Use Block”. Retail & Service Uses: The Uses identified on the Exhibit D (Use Table) under the heading of Retail & Service Uses. Sign: Any type of sign as further defined and regulated by this Atapco Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance. Any structure, fixture, placard, announcement, declaration, device demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or any interests. 8 Subdivision Control Ordinance: The City’s Subdivision Control Ordinance, No. Z-160, as amended. Use Block Map: The Use Block Map attached hereto and incorporated herein by reference as Exhibit C (Use Block Map) illustrating the Residential Use Block, the Office and Residential Use Block, the Office and Commercial Use Block. Use Limitations: The limitations included under Section 12 of this Atapco Redevelopment Ordinance. Use Table: The Use Table attached hereto and incorporated herein by reference as Exhibit D (Use Table) identifying the Blocks and the uses permitted within each Block. Zone Map: The City’s official Zone Map corresponding to the Zoning Ordinance. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Atapco Redevelopment District; provided, however, that any detached Accessory Structure shall have on all sides the same architectural features and construction materials, and be architecturally compatible with the principal Building(s) with which it is associated. Section 4. Residential Use Block. This Block is located on the west side of Clark Street, north of Carmel Drive and south of City Center Drive as depicted on Exhibit C (Use Block Map) and primarily includes Apartments and an Amenity Area. Section 4.1 Permitted Uses: A. Permitted uses within this Block are specified in Exhibit D (Use Table). B. Amenity Area C. Additional Use Limitations are included under Section 12 of this Atapco Redevelopment Ordinance. Section 4.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit E (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Atapco Redevelopment Ordinance. C. Applicable lighting requirements are contained in Section 8 of this Atapco Redevelopment Ordinance. D. Applicable signage requirements are contained in Section 9 of this Atapco 9 Redevelopment Ordinance. E. Applicable parking requirements are contained in Section 10 of this Atapco Redevelopment Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Atapco Redevelopment Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Atapco Redevelopment Ordinance. Section 4.3 No provisions of this Atapco Redevelopment Ordinance shall prevent development within this Block from being combined and/or coordinated with property within the Office and Commercial Use Block, provided that a DP is approved including such property. Section 4.4 An Amenity Area shall be provided within this Residential Use Block. Section 4.5 The applicable Architectural Standards are contained within Exhibit F (Architectural Standards). Section 4.6 The Conceptual Character Imagery of Building Architecture and a possible view in the Use Block is contained within Exhibit G (Conceptual Character Imagery – Residential Use Block). Section 5. Office and Residential Use Block. This Block is located on the south side of Carmel Drive, east of Guilford Road as shown on Exhibit C (Use Bock Map) and (i) may contain a mix of Apartments, Office Buildings, Retail & Service Uses and Cultural / Entertainment Uses. Section 5.1 Permitted Uses: A. Permitted uses are specified in Exhibit D (Use Table). B. Amenity Area C. Additional Use Limitations are included under Section 12 of this Atapco Redevelopment Ordinance. Section 5.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit E (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Atapco Redevelopment Ordinance. 10 C. Applicable lighting requirements are contained in Section 8 of this Atapco Redevelopment Ordinance. D. Applicable signage requirements are contained in Section 9 of this Atapco Redevelopment Ordinance. E. Applicable parking requirements are contained in Section 10 of this Atapco Redevelopment Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Atapco Redevelopment Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Atapco Redevelopment Ordinance. Section 5.3 The applicable Architectural Standards are contained within Exhibit F (Architectural Standards). Section 5.4 The Conceptual Character Imagery of Building Architecture and possible view corridors is contained within Exhibit H (Conceptual Character Imagery – Office and Residential Use Block). Section 6. Office and Commercial Use Block. This Block is located on the east side of Guilford Road, between Carmel Drive and City Center Drive, as shown on Exhibit C (Use Block Map) and consists primarily of Office, Retail & Service Uses and Cultural / Entertainment Uses located in multi-story buildings. Section 6.1 Permitted Uses: A. Permitted uses are specified in Exhibit D (Use Table). B. Additional Use Limitations are included under Section 12 of this Atapco Redevelopment Ordinance. Section 6.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit E (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Atapco Redevelopment Ordinance. C. Applicable lighting requirements are contained in Section 8 of this Atapco Redevelopment Ordinance. D. Applicable signage requirements are contained in Section 9 of this Atapco Redevelopment Ordinance. 11 E. Applicable parking requirements are contained in Section 10 of this Atapco Redevelopment Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Atapco Redevelopment Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Atapco Redevelopment Ordinance. Section 6.3 The applicable Architectural Standards are contained within Exhibit F (Architectural Standards). Section 6.4 The Conceptual Character Imagery of Building Architecture and possible view corridors in the Use Block is contained within Exhibit I (Conceptual Character Imagery – Office and Commercial Use Block). Section 7. Landscaping Requirements. Section 7.1. General Landscaping Standards. Landscaping shall be integrated with, and compliment other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, fencing, or any water features. A. Plantings along Buildings and streets should be designed with patterns, and complementary textures and colors, to reinforce the overall character of the area. Alternate or pervious paving material and alternative planting media is permitted with the approval of the Plan Commission in the areas where planting space is limited by restrictions such as Buildings, asphalt or concrete paving, parking lots, and so on. B. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices (BMPs) published by the Department’s Urban Forestry Section. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are critical factors that should be considered. The City’s planting details shall be used. C. Shade trees shall be at least 2.5 inches in diameter when planted. Ornamental trees shall be at least 1.5 inches diameter when planted. Evergreen trees shall be 6 feet in height when planted and can be substituted for (in place of) shrubs with 1 evergreen tree equal to 3 shrubs. Shrubs shall be at least 18 inches in height when planted. Ornamental grasses that obtain a mature height of at least 3 feet may be substituted (in place of) shrubs on a 1 to 1 (equivalent) basis. 12 D. Existing vegetation may be used to achieve project landscaping requirements if (i) the vegetation located on subject parcel is of suitable quality and health, (ii) the vegetation is required to be preserved using accepted best management practices (BMP’s) for tree protection during construction and (iii) the vegetation is identified on an approved landscape plan as used to achieve project landscaping requirements. E. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of the first Certificate of Occupancy for a Building with an approved ADLS; provided, however, that when because of weather conditions, it is not possible to install the approved landscaping before the issuance of a Certificate of Occupancy, the property owner shall post a bond, prior to the issuance of such Certificate of Occupancy, for the amount equal to the total installed cost of the remaining, uninstalled landscape material. F. All landscaping is subject to ADLS approval. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Plan Commission or a committee thereof. However, Minor Material Alterations of landscaping may be approved by the Director or the Director’s designee in order to conform to specific site conditions. G. Low maintenance Plantings (i.e. low mow turf, low stature prairie plantings, etc.) may be used to minimize mowing in large open areas as the area is anticipated to develop over time. Section 7.2. Areas to be Landscaped. A. Perimeter Buffering. See Section 7.3 below. B. Street Trees. See Section 7.4 below. C. Foundation Plantings. See Section 7.5 below. D. Parking Lot Plantings. See Section 7.6 below. E. Screening Areas. See Section 7.7 below. F. Storm Water Retention Ponds. See Section 7.8 below Section 7.3. Perimeter Buffering. A. Perimeter landscaping along the property lines shall be provided in the form of (i) a minimum five (5) foot greenbelt buffer for portions of the Real Estate perimeter abutting Clark Street, (iii) and a minimum fifteen (15) foot greenbelt buffer for portions of the Real Estate perimeter abutting real estate zoned R-1 Residential. 13 B. Ground mounted signs and lighting fixtures are permitted within areas designated for perimeter buffering. C. Landscaping per the planting requirements of Type “A” Bufferyard of the Zoning Ordinance (3 shade trees, 2 ornamental trees, and 9 shrubs per 100 linear feet) shall be provided for portions of the perimeter abutting Clark Street. D. Landscaping per the planting requirements of Type “D” Bufferyard of the Zoning Ordinance (5 shade trees, 5 ornamental trees, and 27 shrubs per 100 linear feet) shall be provided within the green belt buffer abutting real estate zoned R-1 Residential. E. Required buffer plantings may be grouped to allow a more natural planting scheme and to provide view sheds, where appropriate, into the Use Blocks, and required buffer plantings may be computed as an average across the total linear footage of frontage. F. No perimeter buffering internal to the Atapco District shall be required within, or between, the Use Blocks of the Atapco District. G. All perimeter buffer plantings within the Office and Residential Use Block adjacent to real estate zoned R-1 Residential shall be installed at the time of construction of the first building constructed within said Use Block. Section 7.4 Street Trees. A. Medium or large growing shade trees shall be planted within public street right-of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of forty (40) feet on center and are not required to be evenly spaced. B. The required street trees may be grouped to allow view sheds into the Blocks and may be computed as an average across the total linear footage of frontage. C. All street trees shall count toward the perimeter buffer planting standards provided above in Section 7.3. D. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City’s Urban Forester in mediating an alternative. 14 E. Street tree species shall be selected from the City’s published list of recommended street trees. Street trees shall be pruned to a minimum height of eight (8) feet over sidewalks and twelve (12) feet over streets, to allow free passage along sidewalks and streets. F. Street trees may be planted on the back (non-street side) of the sidewalk or path if the planting strip between the street and sidewalk/path is not of adequate width to allow for the required street trees. Section 7.5. Foundation Planting Standards. Building base landscaping shall be provided at the base of all Building elevations that do not directly abut hardscapes, to enhance the architectural lines of Buildings, frame the primary views to Buildings and public spaces, and blend architectural designs with the landscape. Foundation plantings shall be designed to appropriately complement a Building’s use, setback, height, and architectural features. A. With respect to Non-residential Buildings, a planting area equal to an area five (5) feet in depth from the Building perimeter shall be installed on all sides of Building(s). The calculation of required area excludes areas of the building perimeter that directly abuts hardscapes. B. Within the foundation planting areas required in Section 7.5(A) above the following shall apply: 1. The primary landscape materials used shall be shrubs, ground cover, and ornamental grasses. 2. Sidewalks, plazas and/or terraces may be permitted in foundation planting areas, but shall not occupy the entire planting area on any side of the Building(s). 3. If an approach driveway or sidewalk cuts into a foundation planting area, the plant material displaced by the driveway or sidewalk shall be added to the Building perimeter planting on any side of the building. 4. Outdoor dining, drive-thru lanes, service areas and sidewalk within ten (10) feet of the public right-of-way or a drive aisle shall be deducted from the overall length of the Building perimeter prior to calculating the required foundation planting area. 5. Foundation planting areas need not be rectangular in shape as long as the required area is landscaped; in other words, undulating, innovative and original designs are encouraged. C. For all Residential Buildings, three (3) shade trees, two (2) ornamental trees, and twenty-five (25) shrubs shall be planted per 100 linear feet of Building frontage on public street right-of-way. 15 D. Foundation Plantings shall help fulfill and count towards the buffer planting requirements of Section 7.3 above where the two areas overlap. Section 7.6. Parking Lot Plantings. Where parking lots are visible from the public right-of-way (within fifty feet of the public right-of-way) or within fifty feet of the Perimeter of the Real Estate, the following requirements will apply: A. Lot interior. A minimum of one (1) shade tree and five (5) shrubs per eighteen (18) Parking Spaces shall be provided, along with a minimum of four hundred (400) square feet of useable soil area being provided for every two (2) trees. Planting islands shall be a minimum of nine (9) feet wide. B. Lot Perimeter. A minimum five foot (5’) wide perimeter planting strip shall be provided on all sides of a parking lot (except where parking areas abut curb-to-building sidewalk) and the following standards shall apply: 1. The area shall contain four (4) shade trees and thirty (30) shrubs and/or ornamental grasses per one hundred (100) lineal feet of planting strip. 2. Low walls or berms may be used in lieu of fifty (50) percent of the required plantings. 3. Perimeter planting may occupy the same area as a required perimeter buffering but shall not be counted towards buffer planting requirements; provided, however that in areas where there exists a combination of buffer plantings and parking lot perimeter plantings, the required number of plantings shall not exceed ten (10) trees and forty (40) shrubs per one hundred (100) lineal feet. 4. Parking lot plantings are not required to be evenly spaced. Section 7.7. Screening Areas. Screening and landscaping shall prevent direct views of loading areas, ground mounted mechanical/telecommunication equipment and other service areas from adjacent residential properties or from the public right-of-way. Screening and buffering shall be achieved through walls, fences and landscaping, shall be a minimum of five feet tall, and shall be visually impervious. Recesses in the Building or depressed access ramps may also be used. Section 7.8. Storm Water Retention Ponds. Storm water retention ponds will be designed in a non-geometrical in shape with an undulating perimeter. The primary landscaping materials used adjacent to ponds shall be shrubs, ground covers, and ornamental grasses appropriately sited for a more natural rather than engineered appearance. Section 7.9. Maintenance. It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area 16 exists per the requirements of this Atapco Redevelopment Ordinance, to insure proper maintenance of landscaping in accordance with the Atapco Redevelopment Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Street trees shall be maintained by the owner of the adjacent property. Section 7.10 Concept Plan. Landscaping areas are conceptually illustrated on the Concept Plan in the form of landscape buffers, interior planting areas, foundation plantings and parking lot landscaping. Section 8. Lighting Requirements. Section 8.1. Street Lights. A. Street lighting, when provided on Clark Street, shall be confined to intersections and vehicular access points on Clark Street. B. Street lighting in public street right-of-way shall meet all applicable City standards and be reviewed by the City. Section 8.2. Site Lighting. All site lighting accessory to uses within the Real Estate shall comply with the following standards. A. All site lighting is subject to ADLS approval. No lighting which has been approved by the Plan Commission may later be substantially altered or eliminated without first obtaining further approval from the Plan Commission or a committee thereof. However, Minor Material Alterations of lighting may be approved by the Director or the Director’s designee. B. All site lighting shall be coordinated throughout the Real Estate and be of uniform design and materials. C. Exterior lighting of the Building or site shall be designed so that (i) light is not directed off the site and (ii) the light source is shielded from direct offsite viewing. D. For any use abutting detached single-family residential uses, illumination levels shall not exceed 0.3 foot candles at the property line. Building mounted accent lighting typically placed at entrances of apartment buildings shall not be subject to this provision. E. Exterior lighting shall be architecturally integrated with the Building style, material and color. Rooftop lighting is prohibited. F. All exterior ground-mounted architectural, display and decorative lighting 17 shall be generated from concealed, low level fixtures. G. Light fixtures in parking areas shall not exceed twenty-five (25) feet. The height of light fixtures within ninety (90) feet of detached single-family residential uses shall not exceed fifteen (15) feet. H. Lighting in all parking areas serving non-residential uses shall be designed and maintained so that it is reduced, to a lower level reasonably required for security purposes, during the hours that the associated uses are not open for business. For purposes of meeting this requirement (i) at least fifty (50) percent of the site lighting will be turned off or (ii) light levels shall be reduced by up to fifty (50) percent, during hours that the associated uses are not open for business. I. All building and pole mounted lighting fixtures shall have 90-degree cut off and/or flat lenses. Building mounted accent lighting typically placed at entrances and garages of apartment buildings shall be exempt from this provision. Section 9. Signage Requirements. All signage on the Real Estate shall comply with Chapter 25.7 of the Zoning Ordinance as revised, supplemented and amended by this Section 9 of the Atapco Redevelopment Ordinance, subject to ADLS approval. Section 9.1. Incidental Signs (Signs less than three square feet in area and less than three feet in height where ground mounted) shall be permitted and shall be of a number approved by the Plan Commission as part of an ADLS. Section 10. Parking Requirements. Section 10.1. Automobile Parking. A. Except as provided below in this Section 10, the requirements set forth in Section 27.02, 27.03, 27.05 and 27.08 of the Zoning Ordinance shall apply in computing the number of required Parking Spaces, and in determining the location and design standards thereof. B. One and one-half (1.5) spaces per dwelling unit are required. Parking Spaces (i) within driveways (tandem spaces in front of garages) and (ii) within garages shall count toward this requirement. C. For all Retail & Service Uses and Cultural/Entertainment Uses four (4) spaces per one thousand (1,000) square feet of Gross Floor Area are required. D. For all Office Uses one (1) space per three hundred (300) square feet of Gross Floor Area is required. 18 E. Off-street parking areas for two (2) or more different uses may be provided collectively, as one parking area, so long as the total number of spaces provided is not less than the total of the minimum required spaces for each individual use; provided however that where it is established to the Department’s satisfaction that adjacent buildings have uses that require parking at complementary times of the day, or complimentary days of the week, then the total number of shared Parking Spaces provided shall be less than the total of the minimum number of spaces required for each individual use. F. Combined parking shall be designed and constructed so as to create a desirable, efficient, and well planned off-street parking area with functional and aesthetic value, attractiveness and compatibility with adjacent land uses. G. Adjacent/adjoining parking lots shall be interconnected by internal driveway and coordinated to accommodate pedestrian access. H. Paths within parking lots of more than one row shall be integrated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or Buildings(s). Such paths may be identified by striping only. I. Above grade, structured parking facilities are permitted and shall have on all sides architectural features that are compatible with the principal Building(s) with which they are associated. J. Parking areas may be constructed without required curbs in areas necessary to accommodate approved storm water management practices. The elimination of curbing shall be subject to review and approval by the City’s Department of Engineering to ensure that elimination of curbing is necessary for the proper function of the proposed storm water treatment system. Parking bumpers will be provided in instances where curbs are not present. Section 10.2. Off-Street Loading and Service Area Requirements. A. Off-street loading and service areas shall be required for office and commercial uses on the Real Estate. The number, size, configuration and distribution of these areas shall be as shown on an approved DP. B. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear or side of Buildings. C. Screening and additional requirements are addressed in Section 7.7 and Section 13.1 of this Atapco Redevelopment Ordinance. Section 10.3 Bicycle Parking and Building Amenities. 19 A. Bicycle parking shall be provided in compliance with Article 27.06 of the Zoning Ordinance. B. Buildings with a Gross Floor Area of more than 50,000 non-residential square feet shall contain a shower, changing and locker facility accessible for employee use. C. Buildings with a Gross Floor Area containing more than 15,000 non- residential square feet shall provide covered, long term bicycle parking at a rate of one space per 5,000 square feet of Building area with a maximum cap of 20 covered spaces. Long term bicycle parking may include an indoor storage area and /or exterior bicycle lockers, as approved as part of a Development Plan. Section 11. Pedestrian Circulation. Specific provisions for incorporating pedestrian and bicycle access, circulation and amenities shall be included in the development of the Real Estate. Section 11.1 Sidewalks and paths within public street right-of-way shall meet the requirements of the Thoroughfare Plan and the Bicycle and Pedestrian Plan. Section 11.2 Sidewalks and paths and walkways shall be provided on both sides of all public streets on the Real Estate. Section 11.3 Walkways shall be designed to allow pedestrians to access Buildings and Amenity Areas, and shall connect to sidewalks and paths within the pubic rights-of-way along all streets abutting the perimeter of the Real Estate. Section 11.4 Walkways shall be provided on at least one side of all Non-residential Buildings and shall provide access between rear parking areas and principal Building entrances. The minimum width for such walkways shall be five (5) feet. Section 11.5 Crosswalks shall be installed at strategic locations to facilitate safety where pedestrian and vehicular conflicts exist. Section 11.6 Pedestrian access shall be coordinated with and provided to adjoining properties. Section 11.7 A Pedestrian circulation plan will be submitted for the Atapco District at the time the first Development Plan is submitted and will be updated as Development Plans are submitted in the future to ensure compliance with the requirements of this Section 11. Section 12. Use Limitations. Section 12.1 Permitted Retail Intensity. There shall be no more than 80,000 square feet of Retail & Service Uses on the Real Estate. 20 Section 12.2 Maximum number of Apartments. A. There shall be no more than three hundred (300) Apartments within the Residential Use Block. B. There shall be no more than one hundred and sixty (160) Apartments within the Office and Residential Use Block. C. There shall be no more than sixty (60) Apartments within the Office and Commercial Use Block. Section 12.3 Location of Certain Uses within the Office and Residential Use Block. Within the Office and Residential Use Block, only Residential Buildings shall be within 100 feet of real estate zoned R-1 Residential. Section 12.4 All Antennas shall be either concealed or camouflaged by Building parapet walls, mechanical screens, or other design methods. Section 13. Additional Requirements and Standards. Section 13.1. Refuse Storage. Any Accessory Building for storage or disposal of refuse shall meet the following requirements: A. Waste and recyclable materials, and, if applicable, grease or other cooking refuse containers shall be fully enclosed on all four sides except for doors or gates, which shall be kept closed unless loading or unloading. B. The minimum height of an enclosure shall be the greater of (i) six (6) feet or (ii) the height of the dumpster and/or container plus two (2) feet. C. The enclosure shall be architecturally compatible with the principal Building and integrated into the overall site layout. Section 13.2. Premises Identification. Premises identification shall meet the requirements of Article 25.14 of the Zoning Ordinance. Section 13.3. Home Occupations. Home Occupations shall meet the requirements of Article 25.18 of the Zoning Ordinance. Section 13.4. Outdoor Storage. Outdoor Storage shall not be permitted on the Real Estate. Section 13.5. Outdoor Display. As an Accessory Use to the Primary Use, a business shall be permitted to display goods or merchandise in conformance with the requirements of Article 25.21 of the Zoning Ordinance. 21 Section 13.6. Temporary Uses. Temporary Uses, including Construction Facilities, Model Homes, Outdoor Sales, Outdoor Special Events, Seasonal Outdoor Sales, shall be permitted as set forth in Exhibit D (Use Table) and the applicable requirements of Chapter 25 of the Zoning Ordinance. Section 13.7. Right-of-way widths. A. The minimum half right-of-way widths shall be (i) forty-five (45) feet for Guilford Road, (ii) fifty (50) feet for Carmel Drive, (iii) seventy (70) feet for City Center Drive, and (iv) twenty-five (25) feet for Clark Street. B. Right-of-way required for (i) the construction of future round-a-bout intersections at (i) Guilford Road and Carmel Drive and (ii) Guilford Road and City Center Drive and shall be dedicated. Section 13.8. Site Access. A. The number and configuration of vehicular access drives into the Real Estate shall be provided as generally illustrated on the Concept Plan unless an alternate number and configuration is approved by the City Engineer. B. Access to Carmel Drive - (requirements and restrictions – update per traffic study and agreement with City Engineer prior to Plan Commission). C. Access to Guilford Road - (requirements and restrictions – update per traffic study and agreement with City Engineer prior to Plan Commission). D. Access to City Center Drive - (requirements and restrictions – update per traffic study and agreement with City Engineer prior to Plan Commission). E. Access to Clark Street - (requirements and restrictions – update per traffic study and agreement with City Engineer prior to Plan Commission). Section 13.9. Service Connection Screening. Mechanical equipment, gas meters, and electric meters shall be screened in a manner consistent with Section 7.7 of this Atapco Redevelopment Ordinance and shall be visually impervious. Recesses in Buildings incorporating gates and other screening methods incorporated into the building design shall meet all applicable building code requirements. Essential mechanical or utilitarian rooftop appurtenances shall be screened, and upon the approval by the appropriate authority, such items and their screening may be erected to the minimum height appropriate unless prohibited by other laws or ordinances. Such appurtenances shall be defined as, but not limited to cooling towers, elevator bulkheads, conveyors, heating ventilation air conditioning equipment (HVAC), and rooftop stairway access structures. 22 Section 14. Declaration(s) of Covenants and Owners Association(s). Declarations of Covenant(s), if any, may be prepared by the Controlling Developer in its discretion and recorded with the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners’ Association(s). The Declaration(s) of Covenants may establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of all Buildings. Section 15. Procedural Provisions. Section 15.1. Approval or Denial of Plats. A. With respect to any portion of the Atapco District, the platting into smaller sections shall be permitted, but shall not be required in order to divide the Real Estate into smaller areas for purposes of conveying title to a parcel or creating separate tax parcels. Platting or otherwise dividing the Real Estate into smaller parcels for the purpose of conveying title or creating separate tax parcels shall not create property lines to which setback or any other standards of this Atapco Redevelopment Ordinances, the Zoning Ordinance or the Subdivision Control Ordinance shall be applied, provided that development of the parcels conforms to an approved Development Plan. B. All secondary plats for any portion of the Atapco District shall be approved administratively by the Department, and shall not require a public hearing before the Plan Commission, so long as the proposed secondary plat substantially conforms to the corresponding approved primary plat. Section 15.2. Approval or Denial of Development Plans and ADLS. A. Development Plan (“DP”) and/or architectural design, exterior lighting, landscaping and signage (“ADLS”) approval by the Plan Commission, as prescribed in Chapter 24 of the Zoning Ordinance, shall be required prior to the issuance of a building permit. B. The Plan Commission shall review a DP application to determine if the DP satisfies the Development Requirements specified within this Atapco Redevelopment Ordinance. C. If there is a Substantial Alteration in an approved DP/ADLS, review and approval of the amended plans shall be made by the Plan Commission, or a committee thereof, pursuant to the Plan Commission’s Rules of Procedure. Minor Alterations may be approved by the Director. D. The denial by the Director of any request for approval or application may be appealed to the Plan Commission and the denial by the Plan Commission of any request for approval or application may be appealed to the City Council. 23 Section 15.3. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a waiver of any of the dimensional and quantitative standards of this Atapco Redevelopment Ordinance, but not by greater that fifteen percent (15%) of the specified standard. However, any approval of such waiver is subject to all of the following criteria: A. The proposal must be in harmony with the purposes and the land-use standards contained in this Atapco Redevelopment Ordinance. B. The proposal must enhance the overall development plan, the adjoining streetscapes, and the overall Atapco District. C. The proposal must not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the development plan or the Atapco District, and must not adversely affect emergency access or deprive adjoining residential properties of adequate light and air. D. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Atapco Redevelopment Ordinance. E. This Section does not affect the right of an applicant to petition the BZA for a variance from development standards. Section 15.4. Variance of Development Requirements: The BZA may authorize Variances from the terms of the Atapco Redevelopment Ordinance, subject to the procedure prescribed in Chapter 30 of the Zoning Ordinance. Section 16. Controlling Developer’s Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any Signs within the Real Estate; C. Building permits for any Buildings within the Real Estate; D. DP/ADLS, or primary or secondary plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Atapco Redevelopment Ordinance. 24 Section 17. Violations and Enforcement. All violations and enforcement of this Atapco Redevelopment Ordinance shall be subject to Chapter 34 of the Zoning Ordinance. 25 ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of _________________, 2013, by a vote of _______ ayes and ________ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ ____________________________________ Presiding Officer Kevin D. Rider ___________________________________ ____________________________________ Richard L. Sharp, President Pro Tempore Carol Schleif ___________________________________ ____________________________________ Ronald E. Carter W. Eric Seidensticker ___________________________________ ____________________________________ Sue Finkam Luci Snyder ATTEST: __________________________________ Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ________________________ 2013, at _______ __.M. ____________________________________ Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2013, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Diana L. Cordray, IAMC, Clerk-Treasurer This Instrument prepared by: Charles D. Frankenberger, attorney at law, NELSON & FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 3105 East 98th Street, Suite 170, Indianapolis, IN 46280. ATAPCO PUD - filing 041913 Exhibit “A” – Page 1 of 1 Exhibit “A” (Legal Description) TRACT 1 Block 8, Carmel Science and Technology Park, the plat of which is recorded in Plat Book 13, Pages 76 – 77 in the Office of the Recorder of Hamilton County, Indiana TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE: TRACT 2 Lot 1 of the Replat of Block 13, Carmel Science and Technology Park, the plat of which is recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County, Indiana TOGETHER WITH THE FOLLOWING DESCRIBED REAL ESTATE: TRACT 3 Lot 2 of the Replat of Block 13, Carmel Science and Technology Park, the plat of which is recorded in Plat Cabinet 4, Slide 122 in the Office of the Recorder of Hamilton County, Indiana All of the Tracts above 1 thru 3 contain 34.13 acres, more or less. Exhibit “B” Page 1 of 1 Exhibit “B” (Concept Plan) Exhibit “C” Page 1 of 1 Exhibit “C” (Use Block Map) P = Permitted A = Accessory "Blank" = Prohibited Type of UseResidential Office and Residential Office and Commercial Residential Uses Single Family Dwelling Two Family Dwelling Multiple Family Dwelling (Apartment)PPP Accessory DwellingPPP Mobile Home Court Attached DwellingPPP Home OccupationAAA Residential KennelAAA Bed & Breakfast Inn Model HomePPP Guest House Bona Fide Servants Quarters Boarding or Lodging House Nursing/Retirement/Convalescent Facility Continuing Care Retirement Community (CCRC) Private Swimming Pool, etc.AA Office Uses Clinic or Medical Health Center Research Laboratory / FacilityPPP General OfficesPPP Professional OfficePPP Training Facility Institution Uses Church/Temple/Place of Worship Hospital Library Penal or Correctional Institution Post Office Power Generating Plant Public Service FacilityPPP Commercial Sewage or Garbage Disposal Plant Water Management & Use Facility USE BLOCKS (Use Table) Exhibit D Exhibit D - Page 1 of 5 P = Permitted A = Accessory "Blank" = Prohibited Type of UseResidential Office and Residential Office and Commercial USE BLOCKS (Use Table) Exhibit D Educational Uses School, Trade or BusinessPPP College or University Day Nursery/Day CarePP Kindergarten/PreschoolPP School of Gen Elementary or Secondary Ed. Retail & Service Uses General Retail SalesPP Lumber/Building Materials Sales (enclosed) General ServicePP Automobile Service Station Automobile /Boat Sales Automobile/Truck Repair (indoor) Manufactured Housing Sales Car Wash Commercial Kennel Dry Cleaning Establishment (with on-site plant) Dry Cleaning Establishment (w/o on-site plant)P Equipment Sales/Repair (indoor) Financial InstitutionPP Automated Teller Machine (ATM)AAA Food StandPP Funeral Home/Mortuary/Crematory Recreational Vehicle/Mobile Home Sales Roadside Sales Stand Self Service Laundry Sexually Oriented Business Tattoo Studio Veterinary Hospital with commercial kennel Veterinary Hospital without commercial kennel Wholesale SalesPP Cultural / Entertainment Uses Art Gallery P Exhibit D - Page 2 of 5 P = Permitted A = Accessory "Blank" = Prohibited Type of UseResidential Office and Residential Office and Commercial USE BLOCKS (Use Table) Exhibit D Art & Music CenterP Carnivals, Fairs, Circuses, etc. Hotel Hotel (Full Service) Indoor Theater Outdoor Theater Catering Establishment Restaurant , without drive-thru food salesPP Restaurant, with walk-up/drive-thru food sales Meeting or Party Hall Museum Stadium or Coliseum Tavern/Night Club Industrial Uses Borrow Pit/Top Soil Removal & Storage Heavy Industrial Sanitary Landfill, Junk Yard, Salvage Yard Light Industrial Storage and/or Warehousing, Indoor Storage and/or Warehousing, Outdoor Storage or Sale of petroleum Products Coke Ovens/Brick Yards/Kilns/Open Hearth/Blast Furnace Light Manufacturing Printing/Publishing EstablishmentPP Storage/Distribution Facility Wholesaling Facility Heavy Manufacturing Agricultural Uses Commercial Greenhouse Raising/Breeding of Non-Farm or Exotic Animals Feed Store Plant Nursery Exhibit D - Page 3 of 5 P = Permitted A = Accessory "Blank" = Prohibited Type of UseResidential Office and Residential Office and Commercial USE BLOCKS (Use Table) Exhibit D Grain Elevator General Agriculture (Farm)PPP Horse Farm Recreational Commercial Recreational Facility, Indoor Commercial Recreational Facility, Outdoor Community Center Country Club Golf Course Private Club or Lodge Private Recreational FacilityPP Riding Stable Park, PublicPPP Shooting Gallery Miscellaneous Artificial Lake or Pond (non-platted) Cemetery Historic Site Temporary Uses Construction FacilityPPP Display, Outdoor Model HomePPP Sales, Outdoor Sales, Seasonal Outdoor Special Event, OutdoorPPP Transportation & Communication Uses AntennaPPP Collocated Antenna Radio and/or Television Studio Radio/Television Transmission Antenna Radio/Television Transmission Tower Tower Exhibit D - Page 4 of 5 P = Permitted A = Accessory "Blank" = Prohibited Type of UseResidential Office and Residential Office and Commercial USE BLOCKS (Use Table) Exhibit D Wireless Telecommunications AntennaPPP Wireless Telecommunications Service Tower Motor Bus or Railroad Passenger StationPP Private Airplane Land/Service Facility Private Helicopter Landing/Service Facility Commercial Parking Lot Private Parking AreaAAA Truck Stop Exhibit D - Page 5 of 5 Exhibit “E” – Page 1 of 1 Exhibit “E” (Development Standards Matrix) Residential Use Block Office / Residential Use Block Office / Commercial Use Block *Minimum Tract Size for DP 5 acres 3 acres n/a Minimum Building Setback from Carmel Drive, Guilford Road and City Center Drive 5’ 0’ 0’ Minimum Building Setback from Clark Street 15’ n/a n/a Min. Side/Rear Yard Building Setback n/a 30’ n/a **Maximum Building Height when Building is not adjacent to Clark Street or R-1 zoned property the lesser of 60’ or 4 floors the lesser of 60’ or 4 floors the lesser of 60’ or 4 floors **Maximum Building Height when Building is adjacent to Clark Street or R-1 zoned property the lesser of 40’ or 3 floors the lesser of 40’ or 3 floors n/a Minimum Lot Frontage n/a n/a n/a Minimum Lot Size n/a n/a n/a Maximum Lot Coverage 80% 80% 80% * After approval of a DP a Tract may be divided into smaller areas for the purposes of conveying title. ** “adjacent” – When used in this Exhibit “E” (Development Standards Matrix) the term ‘adjacent” indicates a building within 100’ of the centerline of the noted right-of-way or adjoining property line. Legend: “n/a” – not applicable “s.f.” – square feet Exhibit “F” – Page 1 of 7 Exhibit “F” (Architectural Standards) Part 1. Guidelines and Objectives: A. The purpose of these architectural guidelines is to establish design parameters for the development of Atapco District. B. These guidelines describe an architectural style with a flexible design framework where diverse and creative solutions can coexist in a pleasant and harmonic environment. The guidelines will be used as the criteria for the redevelopment of Lakeside and Carmel Corporate Center, including the site and Building design. The guidelines set standards for design quality with the intent to achieve an aesthetically pleasing, sustainable and functionally efficient place that the residents of Lakeside and Carmel will enjoy and inhabit for many years. Part 2. Design Philosophy: A. The design philosophy is intended to create a unique, inviting and visually stimulating environment that provides an opportunity to live, work and shop in the City of Carmel. Bike and pedestrian paths, shopping, the clubhouse and the lake offer social and physical activities for the neighborhood. Ultimately the design objective for the development is to create a safe, friendly, and dynamic, mixed-use community. B. The Atapco District is composed of two principle areas, the Lakeside Residential Area and the Lakeside Commercial Area. Each area will have its own attributes, and each will contribute uniquely to the mixed-use development with complimentary character in Building design, materials, landscaping and scale. The Lakeside Residential Area is defined by three and four-story residential Buildings. The Lakeside Commercial area will have retail and residential uses and includes the existing 2-story office Building, a proposed mixed-use Building and new commercial Buildings 1-2 story in height. C. The architectural style is transitional, drawing its influence from the timeless elements of traditional architecture in new compositions. Part 3. Architectural Style: A. General: 1. The Building design of the Atapco District will be compatible with the surrounding context and complimentary to their materials, scale and forms. The Buildings will be sensitive to the pedestrian scale and environment throughout the development. 2. The Buildings will be inspired by the traditional architecture found throughout the Midwest. Exhibit “F” – Page 2 of 7 3. To avoid visual fatigue and to increase the sense of authenticity, the design will allow a diversity of architectural styles and features. Façades will be formed in various proportions by material changes along the length and height of the Buildings, combining rhythmic and harmonious elements in a holistic composition. 4. To enrich the composition, but in keeping with the quality of design, the Building design will allow for the individual character of the various businesses to be expressed through elements such as signage, awnings, canopies, and store front treatments. B. Building Massing: 1. Flat or hipped roofs with articulated cornices or overhangs will be utilized in order to encourage pedestrian oriented pathways. Strategically located vertical and/or articulated features are expected to emphasize focal points of the Buildings. 2. The dimensions and size of the Buildings are intended to be sensitive to “human- scale”. 3. Building facades will be augmented with trellises, canopies, awnings and / or colonnades to create a diversity of experiences and to provide shelter from the elements. 4. All of these elements, strategically located, serve as visual landmarks to define public spaces and to enhance the sense of visual and architectural order. C. Materials and Exterior Building Finishes: 1. All Buildings will be designed and constructed with complimentary Building materials and colors. All exterior sides of the Building will be finished in permitted materials. The selection of materials for the Atapco District will be evaluated based on their permanence, ability to withstand weather conditions and visual appearance. Materials located in close contact with the public will be more authentic in character, whereas materials placed above eight (8) feet may be more synthetic in nature. 2. Permitted Materials: Any number of materials may be used in the Atapco District. The following is a list of permitted materials: a. Face brick b. Smooth faced C.M.U. (concrete masonry units) c. Concrete brick d. Cast stone e. Poured concrete f. Precast concrete g. Colored/decorative concrete h. Limestone Exhibit “F” – Page 3 of 7 i. Simulated stone j. Terracotta k. Fiber Cement Siding l. Stucco m. EIFS (limited to areas 8’ above grade in Non-residential Buildings) n. Glass (clear, color, sand blast, etched, etc.) o. Storefront (aluminum, wood, steel) p. Curtain wall q. Exposed structure r. Concrete, brick, or asphalt pavers s. Porcelain and/or ceramic tile t. Textured paint u. Dimensional asphalt shingle roof v. Standing seam metal roof D. Primary Facades: All primary facades of a Building, which for purposes of this Exhibit F is the Building façade of which the primary Building entrance exists, will be designed with consistent style, detail and trim features. In order to provide a pedestrian scaled environment, no Building façade will extend for a distance greater than two (2) times its average height without a vertical offset, material change or color and texture change. No Building façade will extend for a distance greater than five (5) times its height without a change in elevation. Articulation may also be achieved by a variety of roof planes and/or slopes. Primary facades will incorporate Building elements such as lighting fixtures and changes in wall surfaces such as awnings, canopies, arcades, colonnades, alcoves, accents, windows, a variety of entry configurations, cornices, pilasters, columns or other Building elements that contribute to the human scale of the Building. E. Secondary Facades: Side and rear facades will be finished in colors compatible with the colors of the primary facades. Secondary facades immediately adjacent to a primary façade will wrap around the Building by incorporating Building materials and detailing of the primary façade for a minimum of 30 percent of the overall wall length, measured from the primary façade. At pass-throughs to parking lots, primary facades will wrap around sides by 50% or more. No Building façade will extend for a distance greater than three (3) times its average height without a vertical offset, material change, color change or texture change. Secondary facades will incorporate Building elements such as pilasters, wainscots, accent banding or other Building elements that contribute to the appropriate scale of the Building. F. Service Courts: Service courts will include painted or integral colored masonry. A minimum of two (2) colors will be utilized. Colors will be consistent with the base colors of the primary and/or secondary facades. Where portions of the service court wall(s) are exposed, additional enhancements will be incorporated that are consistent with the requirements for secondary facades. G. Rooftop Equipment: All rooftop HVAC equipment will be screened from view. H. Awnings and Canopies: Exhibit “F” – Page 4 of 7 1. Awning refers to a metal framed structure covered in fabric or metal roofing, used to add scale, protect from inclement weather, augment an entrance or serve as a backdrop for graphics/signage above a Building storefront. An awning will be additive to a Building and considered non-permanent and not structurally integrated into the Building. 2. Canopy refers to a metal, wood, or masonry supported structure that has a water resistant roof material. It is used to add scale, protect from inclement weather, augment an entrance or serve as a backdrop for graphics/signage above a Building storefront. A canopy will be integral to a Building and considered to be a permanent, structurally integrated component to the Building. 3. Awnings and Canopies will be used at the street level of some Buildings to protect pedestrians from inclement weather and to add architectural interest to the Buildings. Awnings and Canopies will be installed to allow a minimum of 8’-0” and 12’-0” maximum clearance above any sidewalk below. All awnings will have a minimum slope of 7:12. Tenants are encouraged to have awnings or canopies above customer entrances. Service doors are encouraged to look like finished entrances and not appear exclusively as utilitarian doorways. Use of frosted glass doors and transoms or sidelights are encouraged at service doorways that are visually open to pedestrian and public areas. 4. Awnings will be made of fabric or painted metal. All fabric awnings will have painted steel frames, not aluminum. Glowing or fluorescent colored awnings are not permitted. Canopies will be made of painted metal, stone, brick, painted or stained wood or decorative/molded composite materials as reviewed and approved by the Owner. Awnings and canopies will be suitable for installation of tenant signs and graphics as described in other sections. I. Colors: 1. The overall color palette of the Atapco District is warm earth tones and inspired by the colors of nature. 2. The colors have a strong bias toward beiges and ambers of the natural stone, and warm oranges and reds of the brick. 3. In specific situations, color variations may depart from the earth tones to allow for individual expression of users or to create desired “tension” effects. The color variations in these cases are limited to elements such as awnings, signage, banners and architectural details. Part 4. Design Categories: In order to better identify the specific design intent for possible uses, these guidelines are divided into design categories associated with the different type of Buildings. These design categories encompass possible but not required uses in the Atapco Exhibit “F” – Page 5 of 7 District. The following is a list of such categories: A. Primary Commercial: The design criteria outlined is intended to provide a design standard whereby larger footprint Buildings can be assimilated within the context of the Atapco District and facilitate the development’s scale, connectivity, traffic patterns, walk-ability and image. The following is a list of design considerations to be followed: 1. Facades will be articulated to reduce any massive scale or impersonal appearance. Facades will be articulated through the use of (i) changes in the wall plane, (ii) varying materials on the facades, (iii) changes in color of materials, (iv) variation in the fenestration and (v) patterning of the framing for the glazing. 2. Buildings will have architectural features and patterns that provide visual interest. 3. Variation in rooflines is required in order to add interest. 4. Entryway design elements and variations will provide orientation and an aesthetically pleasing character to the Building. 5. Weather protection elements will be provided in order to reduce Building scale and to provide shelter. 6. Entrances for retailers will have a strong identification, by utilizing a change in massing, signage and/or color, yet will be compatible with the remainder of the Atapco District. B. Secondary Commercial: Smaller retail and service-oriented shops will enhance the Atapco District identity and provide useful amenities to residents, tenants and visitors alike. The presence of small retail stores gives a friendly appearance by creating variety and expanding the range of site activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. The design of secondary and service retail shops will give careful attention to detail at the storefront level, and will include the following: 1. Appropriately scaled entryway features including windows, doors, portals, arcades, recesses and overhanging projections. 2. Attention to appropriate signage and lighting. 3. Environmental and decorative graphics, which will be instrumental in establishing the character and identity of the storefront designs. 4. Users will be encouraged to have large quantities of transparency of storefronts and glazing, between piers, at a height varying from 10 feet to 14 feet from grade. Large expanses of blank walls are prohibited along the storefront of individual businesses. The side and rear of Buildings (non-storefront side of businesses) may include similar storefront treatment. Exhibit “F” – Page 6 of 7 5. Display windows will be carefully designed and maintained and should include frames and base elements. 6. Façade materials will be aesthetically pleasing and compatible with materials and colors used throughout the Atapco District. 7. Awnings or canopies will be provided above storefronts protect shoppers from natural elements. 8. All roof equipment must be screened from the pedestrian view. Sight line studies must be completed at all grade changes to ensure equipment concealment. Use of parapets or approved decorative screening is required. 9. The parapet height for a one-story Building will be a minimum of twenty (20) feet at the Primary Facades and a minimum of eighteen (18) feet at the Secondary Facades. 10. Only durable materials will be placed from finish grade to eight (8) feet above. Durable materials will not include EIFS products. C. Restaurant Uses: Restaurants provide indoor as well as outdoor activity and generate a sense of place. The design of restaurant uses will give careful attention to detail at the pedestrian level and including the following: 1. Prototype identity for established restaurants will be compatible with the rest of the development. 2. Service areas and rear facades will be properly designed to maintain visual quality. 3. Outdoor seating areas and patios are permitted and will be encouraged. 4. Exhaust and mechanical apparatus will be carefully incorporated into the architecture of the Buildings. D. Offices: The offices component of the Atapco District will enhance the vibrancy and appeal of the development by adding human activity at different hours of the day. The architectural style of the offices will complement the existing office Building and the design of the Atapco District. Design considerations will include the following: 1. Freestanding Buildings will be oriented to encourage visual and physical connectivity with major pedestrian and vehicular circulation patterns. 2. Each Building will have a minimum of one main entry. Main entrances will meet the following criteria: a. Level of design will be articulated. Exhibit “F” – Page 7 of 7 b. Use of quality materials is required. c. Additional height for visual significance will be appropriate. d. Porte cochere or entry canopies are recommended. 3. As specified in Section 13, service and delivery space will be designed to minimize its visibility. E. Residential: The architectural style of the residential uses will be compatible with the balance of the Atapco District and include the following: 1. The massing and entry features of the Building will be respectful of the human scale and provide an enhanced living experience. 2. The selections of materials will be complementary and in keeping with the balance of the Atapco District. 3. Windows will be required on all facades. 4. Residential Building mass will be varied by integrating individual porches approximately every 30 lineal feet. Individual porches will also provide privacy for residents. Part 5. Site Amenities and Pedestrian Furniture: A. The selection of architectural amenities will be complementary to the architectural character of the Atapco District. The materials used for the selected amenities will be durable and functional (subject to applicable standards in this Atapco Redevelopment Ordinance) and may include, without limitation, the following: 1. Benches 2. Ash receptacles 3. Trash and recycling receptacles 4. Decorative poles with fabric banners 5. Bike racks 6. Fountains 7. Gazebo 8. Pedestrian walkway and bicycle trail-ways 9. Music systems 10. Flag poles (per the sign requirements of the Zoning Ordinance) 11. Tables / umbrellas 12. Clocks 13. Carts and kiosks 14. ATM enclosures B. Any signs, if included on any of the items noted above, will be 3 square feet or smaller to be considered incidental signage. Exhibit “G” – Page 1 of 4 Exhibit “G” (Conceptual Character Imagery – Residential Use Block) Exhibit “G” – Page 2 of 4 Exhibit “G” – Page 3 of 4 Exhibit “G” – Page 4 of 4 Exhibit “H” – Page 1 of 3 Exhibit “H” (Conceptual Character Imagery – Office and Residential Use Block) Exhibit “H” – Page 2 of 3 Exhibit “H” – Page 3 of 3 Exhibit “I” – Page 1 of 2 Exhibit “I” (Conceptual Character Imagery – Office and Commercial Use Block) Exhibit “I” – Page 2 of 2